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02-15-05 Agenda Reg ~ City of Delray Beach Regular Commission Meeting ==:J RULES FOR PUBLIC PARTICIPATION Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. Tuesday. February 15. 2005 A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. c. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: · February 1,2005 - Regular Meeting · February 8, 2005 - Special Meeting 6. PROCLAMATIONS: A. Recognizing Rotary Intemational- 100th Anniversary B. Recognizing Black History Month - February 2005 7. PRESENTATIONS: · NONE 8. CONSENT AGENDA: City Manager Recommends Approval. A. FINAL SUBDIVISION PLAT APPROVAL/I & D CORPORATION OF SOUTH FLORIDA PLAT: Approve the minor subdivision I & D Corporation of South Florida Plat, the property is bounded by N.W. 2nd Street and the CSX Railroad. B. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a Housing Rehabilitation grant/contract award through the Community Development Division in the amount of $24,517.50 to Tommy Preston (805 S.W. 3rd Street). Funding is available from 118-1963-554-49.19 (Community Development Block Grant (CDBG) Program/Housing Rehabilitation). C. RATIFICATION OF THE OLD SCHOOL SOUARE BOARD OF DIRECTORS FOR 2005: Approve and ratify the proposed slate of Directors for the Old School Square Board for 2005. D. SPECIAL EVENT REOUEST /EASTER SUNRISE SERVICE: Approve a request for special event approval to allow the Easter Sunrise Service to be held March 27, 2005 from 5:30 a.m. until 7:30 a.m., including a temporary use permit per LDR Section 2.3.6(H) for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar, the use of the pavilion, staff support for traffic control, barricading, and EMS assistance on behalf of the Delray Beach Clergy Association. 02-15-2005 - 2 - E. SPECIAL EVENT REOUEST /CINCO DE MAYO FIESTA: Approve a special event request to allow the 7th Annual Cinco De Mayo Fiesta to be held Saturday, May 7, 2005, from 11 :00 a.m. until 10:00 p.m. at Old School Square, granting a temporary use permit per LDR Section 2.4.6(H) for the closure of the north end of NE 1st Avenue, and authorize staff support for traffic control and security, trash removal, barricade set up, signage and waiver of LDR Section 4.6.7 (F)(3)G)(ii) to allow the installation of event signage no earlier than April 27, 2005; contingent upon sponsor providing a hold harmless agreement, a certificate of liability insurance, and liquor liability insurance with conditions for serving alcoholic beverages and site fencing. F. AGREEMENT /PALM BEACH COUNTY /SOUTH COUNTY COURTHOUSE GARAGE: Approve a License Agreement between the City and Palm Beach County for the utilization of the South County Courthouse Garage on weekend eve1Úngs. G. AGREEMENT /PARKING PROS: Approve an agreement with Parking Pros to operate the South County Courthouse garage on weekends. Funding is available from 001-3151-545-34.90 (General Fund/Other Contractual Services). H. TURTLE MONITORING SERVICES/JOHN FLETEMEYER: Approve the renewal of sea turtle monitoring services with Dr. John Fletemeyer in an amount not to exceed $14,800.00 for 2005 and $16,300.00 for 2006. Funding is available from 332- 4164-572-34.90 (Beach Restoration Fund). I. 2002 PALM BEACH COUNTY RECREATION/CULTURAL FACILITIES BOND-INTRACOASTAL WATERWAY PARK INTERLOCAL AGREEMENT: Approve an Interlocal Agreement with Palm Beach County that provides reimbursement to the City in an amount not to exceed $1,000,000.00 for funding of the development of the Intracoastal Park Project. The City must expend $1,152,240.00 before the County will provide reimbursement to the City from the 2002 Recreation and Cultural Facilities Bond Issue. J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the. actions and decisions made by the Land Development Boards for the period January 31, 2005 through February 11, 2005. K. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Overholt Construction Corporation in the amount of $865,109.00 for the construction of the Delray Swim and Tennis Center Clubhouse Project. Funding is available from 380-4150-572-62.60 (2004 G.O. Bond/Delray Swim and Tennis) and 117-4133-572-63.90 (Recreation Impact Fee/Other Improvements). 2. Purchase award to Special Products Group, Inc. in the amount of $23,060.50 via the City of Boynton Beach Bid #062-1412-03/ CJD for the purchase of uniforms for the Fire Department. Funding is available from 001-2311-522- 52.22, 001-2313-522-52.22, 001-2315-526-52.22, and 001-2317 -522-52.22 (Uniforms/Linen). 02-15-2005 - 3 - 3. Purchase award to Atlantic & Southern Equipment, LLC in the amount of $99,315.00 for the purchase of one (1) Single Axle Chassis Boom Truck for the Water & Sewer Network Division. Funding is available from 441-5161-536- 64.25 (Water/Sewer Fund/Heavy Equipment). 4. Contract award to Hardrives, Inc. in an amount not to exceed $60,000.00 for the excavation, hauling, and disposal of excess lime sludge from the sludge overflow lagoon at the Water Treatment Plant. Funding is available from 442- 5178-536-65.30 (Water/Sewer Fund/Lagoon Service Drive). 5. Contract award to The Hartford for Life Insurance and CIGNA (LID) for Long Term Disability Insurance to be effective March 1,2005. L. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan Election to be held on March 8, 2005. M. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $17,250.00 to allow the applicant to secure new financing. 9. REGULAR AGENDA: A. CONDITIONAL USE REOUEST/FIRST AVENUE TOWNHOMES: Consider a request for conditional use approval to allow the density to exceed 30 units per acre (38.8 dwelling units per acre proposed) and a building height in excess of 48' (58' 4" proposed) within the CBD (Central Business District) for First Avenue T ownhomes, a proposed residential development consisting of 46 townhomes and condominiums, located on the east side of S.E. rt Avenue, approximately 76.5' south of S.E. 1 st Street. (Quasi-Judicial Hearing) B. WAIVER REQUEST/CONGRESS PARK OFFICE CONDOMINIUM: Consider a waiver request to waive Land Development Regulations (LDR) Section 4.4.15(F)(3), "Development Standards", to allow that the architecture of the proposed building not be integrated with the architecture of the other buildings in the office park for Congress Park Office Condominium, located on the west side of South Congress Avenue, approximately 1,000 feet south of West Atlantic Avenue. (Quasi-Judicial Hearing) C. CONDITIONAL USE EXTENSION REQUEST/SAFE AND SECURE: Consider an extension request of the conditional use approval to allow the establishment of a self storage facility and a wholesale storage facility for Safe and Secure, located on the west side of North Federal Highway, approximately 890 feet south of Gulfstream Boulevard (2512 North Federal Highway). (Quasi-Judicial Hearing) 02-15-2005 - 4 - D. APPEAL OF PLANNING AND ZONING DIRECTOR'S INTERPRETATION/RENAISSANCE INSTITUTE: Consider an appeal of the Planning and Zoning Director's interpretation regarding acceptance of the Renaissance Institute's Conditional Use application. (Quasi-Judicial Hearing) E. R.A.C.E. RELATIONS REPORT: Consider approval of the final report representing Phase 1 and some of Phase 2 of the R.A.C.E. Initiative as presented by consultant, Samuel E. Mathis, Jr., Diversity Business Strategist and Advisor. F. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY /JEG ASSOCIATES.. INC.: Consider approval of an Interlocal Agreement with the Community Redevelopment Agency (CRA) and JEG Associates, Inc. in the amount of $70,000.00 for services associated with the implementation of the Southwest Area Neighborhood Plan. The CRA will fund $40,000.00 with the remaining balance funded from year two of the MacArthur Grant. G. I-NET AGREEMENT / ADELPHIA CABLE COMMUNICATIONS: Consider approval of an agreement with Adelphia Cable Communications to provide fiber optic service to City facilities. H. SERVICE AUTHORIZATION NO. 1.1/KIMLEY-HORN AND ASSOCIATES.. INC./MIKE MACHEK BOY SCOUT PARK: Consider approval of Service Authorization No. 1.1 to Kimley-Horn and Associates, Inc. in the amount of $44,500.00 for consulting services for the Mike Machek Boy Scout Park Project. Funding is available from 380-4150-572-63.25 (2004 G.O. Bond/Boy Scout Park). I. CONSULTING AGREEMENT/ALEKSANDER GROUP.. INC. AND TPC: Consider approval of a consulting agreement with Aleksander Group, Inc. and TPC for additional lobbying services to assist the City with State grants. J. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board for an unexpired term ending January 14, 2007. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). K. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board for an unexpired term ending July 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner Archer (Seat #2). L. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint two (2) regular members to the Nuisance Abatement Board for unexpired terms ending March 31, 2005 and March 31, 2006. Based upon the rotation system, the appointments will be made by Mayor Perlman (Seat #5) and Commissioner Costin (Seat #1). 02-15-2005 - 5 - M. COMMUNITY LAND TRUST (CLT) STEERING COMMITTEE: Consider approval of the Community Land Trust (CL1) Steering Committee as recommended by the Community Redevelopment Agency (CRA) and appoint the Commission representative. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 7-05 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR) Appendix "A", Section 4.3.4(K), "Development Standards Matrix", and Section 4.4.6, "Medium Density Residential (RM) District", modifying the development standards in conjunction with the implementation of the Southwest Area Neighborhood Redevelopment Plan. B. ORDINANCE NO. 6-05 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR) 4.5.5 "Low Density Residential (RL) District", enacting performance standards and providing for recreational areas for multi-family developments to mitigate the impacts of additional density from a base density of three (3) units per acre to a maximum of six (6) units per acre and changing review of site plans from the Planning and Zoning Board to the Site Plan Review and Appearance Board or the Historic Preservation Board. If passed, a second public hearing will be scheduled for March 1, 2005. C. ORDINANCE NO. 8-05: An ordinance amending Chapter 96 "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", by enacting a new Subsection 96.16(B)(6), to clarify that prior verification of fire alarms is prohibited. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 5-05: City initiated amendment to Land Development Regulations (LDR) Section 6.3.3, "Sidewalk Café", to strengthen requirements to mitigate issues and concerns identified in the Clean and Safe Committee studies of the downtown area. If passed, a public hearing will be scheduled for March 1, 2005. B. ORDINANCE NO. 10-05: An ordinance repealing Chapter 93, "The City of Delray Beach Cable Television Ordinance", in its entirety and replacing it with a new and updated Chapter 93 to allow the ordinance to appropriately mesh with the proposed franchise agreement with Adelphia. If passed, a public hearing will be scheduled for March 1, 2005. 02-15-2005 - 6 - C. ORDINANCE NO. 9-05: An ordinance amending Chapter 36 "Finance; City Property Transactions", Section 36.05, "Bidding Procedures", amending Section 36.11 "Definitions", to provide that the City may use a Construction Manager At Risk Contract on construction projects. If passed, a public hearing will be scheduled for March 1, 2005. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: FEBRUARY 11, 2005 02-15-2005 - 7 - CITY COMMISSION CITY OF DELRAY BEACH" FLORIDA REGULAR MEETING - TUESDAY" FEBRUARY 15" 2005 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 9. REGULAR AGENDA N. FUNDING REQUEST/FIRST NIGHT INTERNATIONAL CONFERENCE: Consider a funding request for the First Night International Conference in an amount not to exceed $5,000.00 from the City and authorization to request funding from the Downtown Development Authority (DDA) and the Community Redevelopment Agency (CRA). ******************************************************************************** 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. FEBRUARY I" 2005 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman at Pompey Park Recreation Center at 6:00 p.m., Tuesday, February 1, 2005. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. 3. gIven. The opening prayer was delivered by Commissioner Costin. The Pledge of Allegiance to the flag of the United States of America was 4. AGENDA APPROVAL. Mayor Perlman requested that Item 9.H., Resolution No. 6-05 be moved to the Regular Agenda as Item 9.A.1. Mr. Levinson requested that Item 8.J., Amendment No. 1 to the Al!reement with City Center Development" L.L.C./Ocean City Lofts be moved to the Regular Agenda as Item 9.A.2. Mr. Costin moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Levinson moved to approve the Minutes of the Regular Meeting of January 18, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: None. 7. PRESENTATIONS: 7.A. Recoenition and Presentation to Jamie Titcomb" Executive Director" Palm Beach County Leaeue of Cities Mayor Perlman introduced Jamie Titcomb, Executive Director of the Palm Beach County League of Cities and thanked him for his assistance at the Emergency Operation Center (EOC) and for keeping 37 municipalities in Palm Beach County in the loop during the month of September 2004. Kerry Koen, Fire Chief, gave a brief overview of Mr. Titcomb's efforts and assistance during the hurricanes. Mayor Perlman presented him with a plaque recognizing him for his tireless efforts during the hurricane season 2004. Mr. Titcomb came forward to accept the plaque and thanked the Commission for this recognition. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of January 20, 2005. 8.B. RESOLUTION NO. 5-05/ABANDONMENT OF EASEMENT: Approve the abandonment of an exclusive 12' wide water and sewer easement lying within a portion of Tract "A", Lot 1, Lot 2, Lot 3, and Lot 4, and acceptance of a replacement easement for Harbor House Plat. 8.C. RESOLUTION NO. 4-05: Approve Resolution No.4-OS urging members of the Florida Legislature to support the growth management issues during the 2005 Legislative Session. The caption of Resolution No.4-OS is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING GROWTH MANAGEMENT ISSUES DURING THE 2005 LEGISLATIVE SESSION. (The official copy of Ordinance No.4-OS is on file in the City Clerk's office). - 2- 02/01/05 8.D. RATIFICATION OF THE SISTER CITIES BOARD OF DIRECTORS FOR 2005: Approve and ratify the proposed slate of Directors for the Sister Cities Committee for 2005. 8.E. SPECIAL EVENT REQUESTIEAST END VOLLEYBALL TOURNAMENT: Approve a request from East End Volleyball for the East End Volleyball Tournament to be held at the municipal beach on April 9 and 10,2005. 8.F. SPECIAL EVENT REQUESTIDELRAY AFFAIR: Approve a special event request from the Chamber of Commerce to endorse the 43rd Delray Affair to be held on April 1-3, 2005; including a temporary use pennit per LDR Section 2.4.6(H) for street closures of Atlantic Avenue from NW /SW 1 st Avenue to the Intracoastal Waterway and NE/SE 1 st Street, and blocking access to Atlantic Avenue on each side street in this area at the alleys running parallel to Atlantic Avenue; waiver of LDR Section 4.6.7(F)(3)(j)(ii) to allow event signage to be placed on March 14, 2005, staff support for security and traffic; contingent upon the staff recommended exceptions in memo dated 1/25/05 and the receipt of a hold hannless agreement and certificate of liability insurance. 8.G. SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE: Approve a special event request to allow the 37th Annual St. Patrick's Day Parade to be held on Saturday, March 12, 2005 beginning with setup at noon and ending at approximately 3:30 p.m., grant a temporary use pennit per LDR Section 2.3.6(H) for street closures of Atlantic Avenue from Venetian Drive to the County Courthouse for the parade and Venetian Drive and Gleason Street for staging of parade entries, staff support for traffic control and security, barricading, trash removal, and assistance in obtaining the FDOT pennit, use and set up of half of the small stage, waiver of LDR's Section 4.6.7(F)(3)(j)(ii) to allow event signage to be placed no earlier than March 2, 2005 contingent upon specified conditions contained in 1/20/00 memo being met and the receipt of a hold hannless agreement and certificate of liability insurance. 8.H. SERVICE AUTHORIZATION NO. 14/CURRIE SOWARDS AGUILA ARCHITECTS/INTRACOASTAL PARK: Approve Service Authorization No. 14 to Currie Sowards Aguila Architects in the amount of $106,750.00 for additional design services associated with the Intracoastal Park Florida Inland Navigational District (FIND) Project. Funding is available from 334-4174-572-63.90 (General Construction Fund/Other Improvements/Intracoastal Park). 8.1. SERVICE AUTHORIZATION NO. 1.1/CURRIE SOWARDS AGUILA ARCHITECTS/LAKE IDA PARK: Approve Service Authorization No. 1.1 to Currie Sowards Aguila Architects in the amount of $51,250.00 for consultant design services for the Lake Ida Park Project. Funding is available from 380-4150-572-63.26 (2004 G.O. Bond/Lake Ida Park). 8.J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.2. - 3 - 02/01/05 S.K. JOINT DEFENSE AGREEMENT/TOWN OF WELLINGTON AND THE CITY OF DELRAY BEACH v. PALM BEACH COUNTY: Approve a Joint Defense Agreement regarding the Town of Wellington and the City of Delray Beach v. Palm Beach County in opposition to Palm Beach County's Charter Amendment relating to Voluntary Annexation. S.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 18, 2005 through January 28,2005. S.M. AWARD OF BIDS AND CONTRACTS: 1: Purchase award in the amount of $135,120.00 to Selectron Technologies, Inc. and Sungard HTE, Inc. for additional e- government modules to include interactive Web Response for building permits and Utility Customer Service. Funding is available from 441-5161-536-64.11 (Water/Sewer Fund/Computer Equipment) and 334-6112-519-66.10 (General Construction FundlRenewal & Replacement/Miscellaneous Software). 2. Contract award to Chaz Equipment, Inc. in the amount of $45,000.00 via the City of Boca Raton Contract for the replacement of a sewer manhole located in Highpoint. Funding is available from 442-5178-536-63.51 (Water/Sewer Renewal & Replacement Fund/Sewer Mains). 3. Lease award to Ikon Office Solutions in the total amount of $39,432.24 for a thirty-six (36) month lease of six (6) digital copiers for various secure locations for the Police Department. Funding is available from 001-2111-521-44.30 (General Fundi Equipment), 001-2121-521-44.30 (General Fund/Equipment), 001- 2117-521-44.30 (General Fund/Equipment), and 001-2115-521- 44.30 (General Fund/Equipment). Ms. McCarthy moved to approve the Consent Agenda, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.H. RESOLUTION NO. 6-05: Approve Resolution No. 6-05 naming the City park area that includes the Boy Scout Hut "The Mike Machek Boy Scout Park". The caption of Resolution No. 6-05 is as follows: -4- 02/01/05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, NAMING THE CITY PARK AREA THAT INCLUDES THE BOY SCOUT HUT "THE MIKE MACHEK BOY SCOUT PARK". (The official copy of Resolution No. 6-05 is on file in the City Clerk's office). Prior to the vote, Mayor Perlman stated the City will do a much bigger presentation at a later date. Mr. Costin moved to approve Resolution No. 6-05, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, Mayor Perlman read and presented Resolution No. 6-05 to Rose Sloan (Mike Machek's sister) who came forward to accept the resolution on behalf of the family. 9.A.1. AMENDMENT NO. 1 TO THE AGREEMENT WITH CITY CENTER DEVELOPMENT" LLC/OCEAN CITY LOFTS: Approve Amendment No.1 to the agreement between the City and City Center Development, LLC to provide for an increase in payment to the developer in the amount of $32,100.00 for the relocation of utilities within the City right-of-way on N.E. 4th Avenue. Mr. Levinson declared a conflict of interest and stepped down from the dais. At this point, Mr. Costin stepped down from the dais. Mrs. Archer moved to approve Amendment No. 1 to the Agreement between the City of Delray Beach and City Center Development, LLC, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 3 to 0 vote. At this point, the Commission moved to Item 9.B. 9.B. CONDITIONAL USE REOUESTffHE STRAND: Consider a request for conditional use approval to allow the density to exceed 30 units per acre (42.7 dwelling units per acre proposed) and a building height in excess of 48' (57' 7" proposed) within the CBD (Central Business District) for The Strand, a proposed mixed- use development consisting of 134 residential units and 28,820 square feet of combined office, retail, and restaurant space, located on the north and south sides of S.E. 15t Street, between S.E. 3rd Avenue and the Florida East Coast Railroad (FEC). (Quasi-Judicial Hearing) - 5 - 02/01/05 Mayor Perlman read into the record the procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2005-049 into the record. Mr. Dorling stated this is a conditional use for density exceeding 30 units per acre. The proposed residential density is 42.7 dwelling units per acre and the proposed height is 57'-7". This proposal includes the construction of a five-story mixed- use building with 19,572 square feet of retail floor area, 62,245 square feet of office area, and 3,003 square feet of restaurant area and 134 residential units. The development will wrap around a 299 space two level parking garage. The request for increase in height only applies to the southern parcel and the increase in density will apply to both projects. At its meeting of January 13, 2005, the Community Redevelopment Agency (CRA) considered the request and recommended approval by a vote of 4-0; the Downtown Development Authority (DDA) reviewed the development proposal at its meeting of January 10, 2005 and recommended approval; at its meeting of January 24, 2005, the Planning and Zoning Board held a public hearing and the Board voted (3-1) in favor of both conditional uses. Rusten Kupi, Project Architect, gave a brief PowerPoint presentation regarding the proj ect. Cary Glickstein, Ironwood Properties, briefly spoke about the project and the design guidelines. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the Conditional Use request, to come forward at this time. Gerry Franciosa, President of Progressive Residents of Delray (PROD), stated the project is going from 30 units per acre to 42.7 which is approximately a 40% increase in density. Prior to the vote, Mayor Perlman commended the architect for a spectacular presentation. He stated he believes this is not an issue of density but is an issue of good design. Mr. Levinson commended the developer for putting together an extremely attractive project well within the design guidelines. - 6- 02/01105 Mrs. Archer also commended the developer for the use of the design guidelines and feels this is a very attractive project. However, she expressed concern over the south building having the higher elevation. Therefore, Mrs. Archer stated this is the area that is closer to the residential neighborhood. Mr. Costin commended the developer for an exceptional project and is aesthetically pleasing and will be a great addition to the downtown. He is particularly pleased with the extension of retail south of Atlantic Avenue. Ms. McCarthy stated as she goes to different places to do presentations on updates of the city and citizens have brought their concerns about the increased density and height she was able to introduce them to the Downtown Master Plan. She stated the Plan was developed with a lot of citizenry input and Charrettes. She stated in order to keep a viable downtown the consensus was that if you build residential around the downtown, people can walk out their front doors to a place to shop and eat and will help to sustain the downtown. She stated Delray Beach created this Plan first and the developers have to adhere to what is put in place. She stated the developers have to go through a process in order to get approval and noted that the LDR's are design guidelines. She stated Delray Beach is not such a rigid place that there is no room for flexibility. The Commission is concerned with the quality of life for the people who live here and people have different choices as to what quality of life is for them. She stated the Commission has been astute enough to include the citizens so that there is something here for everyone. Mayor Perlman stated neighboring communities allow 150 foot buildings and he believes because we have chosen to be different it distinguishes Delray Beach from neighboring cities. Mr. Levinson moved to approve the Conditional Use request for The Strand based upon the findings and recommendations of the Planning and Zoning Board, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin- Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.A. CONDITIONAL USE REOUEST/CITYSCAPE: Consider a request for conditional use approval to allow a building height in excess of 48' (57' 6" proposed) within the CBD (Central Business District) for Cityscape, a proposed mixed-use development consisting of 34,000 square feet of retail floor area and 75 residential condominiums, located at the northwest comer of N.E. 5th Avenue (southbound Federal Highway) and N.E. 3rd Street. (Quasi-Judicial Hearing) Commissioner Costin declared a conflict of interest and stepped down from the dais. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. - 7 - 02/01105 Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2005-030 into the record. Mr. Dorling stated the property is located at the northwest comer of N.E. 5th Avenue and N.E. 3rd Street and is bordered to the west by the FEC Railroad. The property contains the Scobee Ireland Potter Funeral Home, Native Florida Gallery (alk/a Dee's Alterations), and a single family home. The development proposal has been received which involves the relocation of two of the structures, demolition of the funeral home and construction of a mixed use development which will include 34,000 square feet of retail on the ground floor fronting N.E. 5th Avenue and N.E. 3rd Street and 75 condominium units on floors 2 through 5. The applicant has requested approval to exceed the 48 feet height up to a maximum of 57 feet 6 inches. Mr. Dorling stated this development has also been designed utilizing the design guidelines. At its meeting of January 24,2005, the Planning and Zoning Board held a public hearing in conjunction with the request and after discussing the proposal the Board unanimously voted 4-0 (Kincaide absent, Pike stepped down) to recommend approval. At its meeting of December 9, 2004, the Community Redevelopment Agency (CRA) reviewed the conditional use request and unanimously recommended approval. At its meeting of January 10, 2005, the Downtown Development Authority (DDA) reviewed the conditional use request and recommended approval with a 4-0 vote. Boris Grandison, 2601 S. Bayshore Drive, Miami, FL 33133 (Applicant), gave a briefPowerPoint presentation of this project. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the Conditional Use request, to come forward at this time. Mr. Dorling noted that at the Planning and Zoning Board there was brief discussion about an alternative access to the garage and the developer had agreed to provide that. He stated this is a 300 space garage with only one entrance and concerns were expressed about getting in and out in the event of an accident. Mr. Grandison stated this alternative has been taken into consideration as they move forward with the design they have incorporated ingress and egress into the property. Mr. Levinson moved to approve the Conditional Use request to allow a height in excess of 48' (57'-6" proposed) for Cityscape, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in LDR Sections 2.4.5(E)(5), LDR Section 4.3.4(J)(4)(b), and Chapter 3 of the LDR's, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -Yes. Said motion passed with a 4 to 0 vote. - 8 - 02/01/05 9.C. WAIVER REQUEST/ATLANTIC PALMS: Consider a waiver request to waive Land Development Regulations (LDR) Section 6.1.2(C)(3)(a), "Paving Widths", 6.1.3(B)(3), "Separation", and 6.1.4(C)(3)(b), "Location", for Atlantic Palms pursuant to LDR Section 2.4.7(B)(5), "Findings". (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2004-172 into the record. Mr. Dorling stated the 5.04 acre subject property is approximately 140 feet east of Whatley Road. On May 12, 2004, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan and architectural elevations associated with the construction of 45 fee-simple townhouse units within six (6) buildings for the development known as Atlantic Palms. The landscape plan associated with the development proposal was tabled with direction and ultimately approved at the Site Plan Review and Appearance Board (SPRAB) meeting of December 15, 2004. At its meeting of May 12, 2004, the SPRAB also reviewed three (3) waiver requests associated with the development proposal and forwarded a recommendation of approval to the City Commission. Staff recommends that the Commission support the minimum paving widths and the proximity of driveways to intersections; however, staff does not recommend approval of the separation between sidewalks and street paving/curb section that requires the two foot landscaped area. Mr. Dorling noted that the Site Plan Review and Appearance Board (SPRAB) did recommend approval of all three waivers associated with the development proposal and if the applicant chooses to put a Type "D" curb in staff supports approval. Mrs. Archer inquired if the Type "D" curb is what is in being installed on Atlantic Avenue just east of the townhouse complex. Mr. Dorling stated a Type "D" curb is six inches and is at a 90 degree angle. The City Manager stated the Type "D" curb is what the City of Delray Beach has on most streets. Francisco Azua- Perez, Applicant, stated he IS present to answer any questions. Mayor Perlman asked if anyone from the public would like to speak in favor or in opposition of the waiver requests, to come forward at this time. Mr. Costin moved to approve the request for a waiver to LDR Section 6.1.2(C)(3)(a) to reduce the minimum pavement width of the interior roadway from 24' to 20', by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the LDR's, seconded by Ms. McCarthy. Upon roll call the - 9- 02/01/05 Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to approve the request for a waiver to eliminate the two foot (2') wide landscape area between the sidewalk and the curb section subj ect to putting in a Type "D" curb and making positive findings about meeting the criteria set forth in Section 2.4.7(B)(5) of the LDR's, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin- Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to approve the request for a waiver to LDR Section 6.1.4(C)(3)(b) to reduce the separation requirement between driveways and intersections from 25' to 22' at the east side of the roundabout, 16' at the north side of the roundabout, and 13' for the northernmost unit in Building #5, by adopting the findings, by adopting the findings of fact and law contained in staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the LDR's, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. to. PUBLIC HEARINGS: to.A. ORDINANCE NO. 7-05 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR) Appendix "A", Section 4.3.4(K), "Development Standards Matrix", and Section 4.4.6, "Medium Density Residential (RM) District", modifying the development standards in conjunction with the implementation of the Southwest Area Neighborhood Redevelopment Plan. If passed, a second public hearing will be scheduled for February 15,2005. Prior to consideration of passage of Ordinance No. 7-05 on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 7-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX"; SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" AND APPENDIX "A", "DEFINITIONS", IN ORDER TO IMPLEMENT PROVISIONS OF THE SOUTHWEST AREA PLAN - 10- 02/01/05 REGARDING DENSITY AND USES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 7-05 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, Director of Planning and Zoning, stated this ordinance is to accommodate densities up to 24 units per acre for workforce housing within the recently adopted Southwest Neighborhood Overlay District, the RM (Medium Density Residential) zoning district development standards must be modified. The proposed amendment reduces the current setback requirements as follows: (1) The front and side street setbacks will be reduced from 25' (1 & 2 story) and 30' (3 story) to 15', (2) reduces the side interior setback from 15' (1 & 2 story to 10' and from 30' (3 story) to 15', and (3) the rear setback will be reduced from 25' to 10'. The amendment provides a definition of "porch" and will allow front porches to extend 5' into the setback. The amendment includes a provision that requires a 20' setback for a garage, carport or porte- cochere when the entrance faces a street or alley. This is to ensure there is adequate room for guest/residents to park in the driveways, without vehicles encroaching into the right- of-way. Positive findings can be made with respect to LDR Section 2.4.5(M)(5), as the proposed text amendment will further the Goals, Objectives, and Policies of the Comprehensive Plan, and the Southwest Area Neighborhood Redevelopment Plan. At its meeting of January 24, 2005, the Planning and Zoning Board held a public hearing and there was a member of the public who supported the amendment, but felt the requirement to provide 20' setbacks behind the garage doors adj acent to the alley was excessive. The Board voted 5-0 (Kincaide absent), to recommend to the City Commission approval of the proposed amendment as proposed by adopting the findings of fact and law contained in the staff report. Mr. Dorling made clarification to page five (3)(b) of the ordinance and stated the word "public" should be added and should read: Setbacks for Garal!es'l Carports and Porte-Cocheres: Garages. carports and porte-cocheres must have a minimum 20' setback when the entrance faces a public street or alley. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 7-05, the public hearing was closed. Prior to the vote, Ms. McCarthy stated if this ordinance is approved on first and second reading and these type of developments become a reality in the Southwest Plan that the City do something to begin to sensitize that area to the different feel that the community will have with these type of different structures being in a place - 11 - 02/01/05 that is predominantly single-family. She reiterated perhaps there is something that could be put into place to help people adjust to the change. Ms. McCarthy moved to adopt Ordinance No. 7-05 on First Reading/First Public Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 77-04: City initiated amendment to Land Development Regulations (LDR) enacting Article 8.5, "Public Art", to establish a public art program. Prior to consideration of passage of Ordinance No. 77-04 on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 77-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY ENACTING ARTICLE 8.5, "PUBLIC ART", BY ESTABLISHING A PUBLIC ARTS PROGRAM; BY ESTABLISHING A PUBLIC ART ADVISORY BOARD; PROVIDING GENERAL PROVISIONS FOR ITS ORGANIZATION AND OPERATION; BY AMENDING APPENDIX "A", "DEFINITIONS", PROVIDING FOR CERTAIN TERMS REGARDING THIS ORDINANCE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 77-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this ordinance would establish a Public Art Advisory Board created for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues which would include, but not limited to, the selection, construction and placement of public art in/on City right-of-way and City owned property. The proposed amendment requires the City to appropriate 1.5% of the total eligible construction costs to be used for artist design services and for the selection, acquisition and display of artworks, and for the administration of the public arts program. - 12- 02/01/05 At its meeting of December 20, 2004, the Planning and Zoning Board considered the request and unanimously recommended approval. The proposed amendment was reviewed by the Community Redevelopment Agency (CRA) on December 9,2004 and recommended approval. The Downtown Development Authority (DDA) also reviewed the amendment at their December 13, 2004 meeting and recommended approval. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 77-04, the public hearing was closed. Mayor Perlman asked if staff has an estimate of how much the 1.5% is per year based on recent years. The City Manager stated this is usually in the $30,000- $50,000 range. Mr. Costin moved to adopt Ordinance No. 77-04 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. to.C. ORDINANCE NO. 4-05: An ordinance amending Chapter 135, "Abatement of Nuisances", Section 135.10, "Definitions", to comply with the updated Florida Statute 893.138. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 4-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 135, "ABATEMENT OF NUISANCES", SECTION 135.10, "DEFINITIONS", CLARIFYING CERTAIN DEFINITIONS SO AS TO CONFORM TO F.S. 893.138; AMENDING SECTION 135.40 "CONDUCT OF HEARINGS", CLARIFYING HOW HEARINGS ARE CONDUCTED; AMENDING SECTION 135.70 "FINES FOR NONCOMPLIANCE WITH ORDERS", PROVIDING FOR THE TOTAL FINES IMPOSED PURSUANT TO THE AUTHORITY OF THIS ORDINANCE TO BE INCREASED TO $15,000.00 TO COINCIDE WITH F.S. 893.198; TO PROVIDE FOR THE REASONABLE PAYMENT OF ATTORNEY'S FEES TO THE CITY AND ENACTING A SECTION CONCERNING AN ACTION AGAINST A PROPERTY OWNER WITH MULTIPLE TENANTS; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE AND AN EFFECTIVE DATE. - 13 - 02/01/05 (The official copy of Ordinance No. 4-05 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 Cathy Kozol, Police Legal Advisor, is present this evening for any questions. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 4-05, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 4-05 on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 11.A. City Manaeer's response to prior public comments and inauiries. With regard to a prior concern expressed by Mr. Smith about sidewalks, bicycle paths, and someone tripping on the sidewalk at the north end of the beach, the City Manager stated the City has inspected this area and identified some trip hazards. Staff expects to have this cut out and replaced within the next few weeks and in the meantime this area has been barricaded. 11.B. From the Public. l1.B.1. Gerry Franciosa.. 939 Eve Street.. Delray Beach.. asked for assistance regarding beautifying the area around the Caring Kitchen and stated he is trying to determine who is responsible for the maintenance of this area. 11.B.2. Kenneth Gray.. 696 Udell Lane.. Delray Beach.. stated he feels he followed the correct protocol by going to the Police Department first to address the concerns of the Sudan Lane and Delray Shores neighborhood. He stated it took approximately four days for the City to move mattresses from a dumpster in front of the stores on Davis Road. Mr. Gray stated there is drug trafficking in front of the stores. Mr. Gray stated he spoke to David Eberhart on January 24, 2005 about some of the problems the neighborhood is experiencing and it took approximately four days before he received a response to his concerns. He stated there have been unreported fights in front of the store. He expressed concern with a day care facility in the area and the percentage of kids who will walk down Davis Road to get to the new high school. He urged the Commission to provide the residents with more protection and help eliminate this type of problem in the neighborhood. - 14- 02/01/05 Mr. Levinson suggested that the City Attorney communicate with the landowner of this building to alert them to what is going on. Mayor Perlman suggested that the City Manager communicate this to the Acting Commander and suggested this be a problem oriented policing project. Ms. McCarthy inquired about whether or not these two subdivisions have been able to participate in the Citizens Observer Patrol (C.O.P.) Program. Mr. Gray stated the neighborhood has not been successful with this program. Ms. McCarthy expressed concern that if the problem is addressed at this particular location they might just move their activities someplace else within the community. Mayor Perlman stated there are strategies that can be used and staff will look into this matter. At this point, the Commission moved to Item 9.D. of the Regular Agenda. 9.D. SCHOLARSHIP AGREEMENT/SAINT PATRICK'S DAY EVENTS~ INC.: Consider approval of a Scholarship Agreement with Saint Patrick's Day Events, Inc. to establish a scholarship fund for eligible Youth Council members. The City Attorney stated this is a request from Ed Gallagher, President of Saint Patrick's Day Events, Inc. regarding the desire to establish a scholarship fund for eligible Youth Council members. The City Attorney stated the Youth Council will establish the criteria which will then be approved by the City Commission and the expenditures will require the approval of the Community Improvement Director and the City Manager. Mr. Levinson inquired if this will provide for someone other than the Saint Patrick's Day Events, Inc. to make a contribution to this effort. Mr. Levinson inquired about whether or not there will be interest or investment earnings on this account. The City Attorney stated staff would be in favor of placing this money in an interest bearing fund. The City Manager stated this money would be part of a pooled cash earning interest. Mr. Levinson moved to approve the Scholarship Agreement with Saint Patrick's Day Events, Inc. to establish a scholarship fund for eligible Youth Council members, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. - 15 - 02/01/05 9.E. AMENDMENT NO. 1 TO THE MANAGEMENT AND SUBLEASE AGREEMENTS/THE FRIENDS OF SANDOWAY HOUSE NATURE CENTE~ INC.: Consider approval of Amendment No.1 to both the Management Agreement and the Sublease Agreement with The Friends of Sandoway House Nature Center, Inc. to include repair and maintenance of the HV AC system. Mayor Perlman stated he is a member of the Board of Directors and asked if this would be a conflict of interest. The City Attorney stated Mayor Perlman is allowed to serve on a Not-for-Profit Board and therefore there is no conflict. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to approve Amendment No.1 to both the Management Agreement and the Sublease Agreement with The Friends of Sandoway House Nature Center, Inc. whereas the City would assume the maintenance and repair of the HV AC systems at the facility. The City is already responsible for exterior lighting maintenance per the original agreement. Mr. Costin moved to approve the Amendment No.1 to the Management Agreement and Sublease Agreement between the City and The Friends of Sandoway House Nature Center, Inc., seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.F. SPECIAL EVENT REQUESTILYMPHOMATHON: Consider approval of the 1 st Lymphomathon sponsored by the Lymphoma Research Foundation to be held on April 17, 2005 from 8:00 a.m. until 2:00 p.m., including temporary use pennit per LDR Section 2.3.6(H) for the use of Anchor Park and City right-of-way along A-I-A from Casurina to George Bush Boulevard, waiver of parking fees, and staff support for security/traffic control, barricading, signage, and set up/use of the small stage; contingent upon specified conditions contained in 1/26/05 memo and the sponsor providing liability insurance and a hold hannless agreement. Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse the 1 st Lymphomathon sponsored by the Lymphoma Research Foundation proposed to be held on April 17, 2005 from 9:00 a.m. until 2:00 p.m. The event sponsor is also requesting the closure of A-I-A from Casuarina to George Bush Boulevard, use of Anchor Park as a staging area, along with waiving parking fees and authorize staff support for security and traffic control, barricading, EMS assistance, cleanup and trash removal, and use and set up of the small stage. The estimated overtime costs are approximately $3,000, $530 for stage rental and $500 for barricade rental for a total cost of $4,030. If however, the route is limited to the sidewalk (similar to what was done for the A VDA event) on A-I-A, then the estimated overtime costs would be reduced to $400 and the stage rental to $530 with no barricading needed. Staff recommends approval per the following conditions: (1) The event route be limited to the sidewalk along the east side of A-I-A with Anchor Park as the starting point and assembly area, (2) The event is to start no later than 8:00 a.m., (3) A hold hannless agreement and certificate of event liability insurance be provided to the City no later than two weeks before the event, and - 16- 02/01/05 (4) The event sponsor, with volunteers, be responsible for site clean up. Mr. Costin asked if staff has any guidelines as to what the City provides for numbers of people who may be participating in an event. Mr. Barcinski stated the Fire Department reviews the event and determines if they feel it is necessary to provide EMS assistance. Mr. Barcinski stated generally the Fire Department uses 2,000 as a cut- off if there is going to be 2,000 people at the event. Mr. Barcinski stated it is anticipated that approximately 200 people will attend the event. Mrs. Archer moved to approve the 1 st Lymphomathon sponsored by the Lymphoma Research Foundation to be held on April 17, 2005 subject to staffs recommendations listed in the January 26, 2005 memorandum, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.G. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY (CRA)/LANDSCAPING IMPROVEMENTS/N.E. 3RD AVENUE: Consider approval of Amendment No.1 to the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) to provide that the CRA shall increase its contribution amount not to exceed $43,967.00 to fund the landscaping and irrigation improvements for the N.E. 3rd Avenue Beautification drainage areas. Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor McCarthy and left the dais. Brian Shutt, Assistant City Attorney, stated this is an amendment to an Interlocal Agreement which the City Commission entered into at its meeting of September 21, 2004 with the Community Redevelopment Agency (CRA) regarding the funding of landscaping and beautification improvements to be made to certain drainage areas along N.E. 3rd Avenue. The cost of the landscaping for the project has increased and the CRA has offered to provide an additional 10% in funding. Mr. Levinson moved to approve Amendment No. 1 to the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote. 9.H. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.1. At this point, Mayor Perlman returned to the dais and Vice Mayor McCarthy passed the gavel back to him. - 17 - 02/01/05 9.1. SPECIAL EVENT REQUEST/CELEBRATE THE SOUL OF DELRAY 2005: Approve a special event request for the 5th Annual "Celebrate the Soul of Delray" event to be held on Sunday, March 5, 2005 from 10:00 a.m. to 9:00 p.m., including a temporary use permit per LDR's Section 2.4.6(H) for use of Atlantic Avenue right-of-way from Swinton Avenue to NW/SW 5th Avenue, use of Tennis Center parking lot and Clubhouse, use of the large covered City stage; provide staff support for security and traffic control, barricade set up, trash clean up/removal, EMS services, use of City trash containers and signage; contingent upon sponsor providing certificates of liability insurance, liquor liability insurance, and a hold harmless agreement. Staff recommends denial. Robert A. Barcinski, Assistant City Manager, stated this item is a request for Commission to endorse the 5th Annual Celebrate the Soul of Delray proposed to be held on Saturday, March 5, 2005 from 10:00 a.m. to 9:00 p.m., to grant a temporary use permit for the use of Atlantic Avenue from Swinton Avenue to NW/SW 5th Avenue and the Tennis Center parking lot, to authorize use of the Tennis Center Clubhouse and the large covered City stage. Staff support is requested for traffic control and security, barricading, trash removal and clean up, EMS services, and use of City trash containers and signage. Mr. Barcinski stated an event permit has been received from Mr. Clay Wideman and staff overtime costs for this event are estimated to be approximately $8,950, $1,590 for stage rental and $250 for barricade rental for a total of $10,790. Mr. Barcinski stated they will operate under the 501(C)(3) under the umbrella of Class of Palm Beach County, Inc. c/o Frances Carter. Staff recommends denial because per Amendment No. 1 to the original agreement with the City approved February 11, 2003, $10,000 was due payable on April 1, 2004. This payment has not been received. In addition, this request was not received 90 days prior to the event as required by the policies and procedures. However, staff recommends that if Commission wishes to consider this event for approval, they do so per the seven conditions listed in the City Commission memorandum dated January 27,2005. Mrs. Archer moved to approve the special event request for the 5th Annual "Celebrate the Soul of Delray" to be held on Sunday, March 5, 2005 from 10:00 a.m. to 9:00 p.m. subject to staff recommendations, seconded by Mr. Costin. Mr. Levinson proposed an amendment to the motion by adding condition #8 that there be an agreement with the DDA to assign the proceeds which are paid to the City for repaying the debt. Clay Wideman, President of the Delray Merchants Association, stated he has a commitment from Addie Greene of$10,000. Mr. Levinson stated he would like to move back the date the money is due in order to have sufficient time to work out the accounting issues, etc. Mayor Perlman stated this is a signature event on West Atlantic Avenue and suggested that direction be given to staff to work out the timing issue. - 18 - 02/01/05 Mr. Levinson suggested that the 2004 payment be due in 2005 and the 2005 payment be due in 2006. Mr. Levinson moved to approve the special event request for the 5th Annual Celebrate the Soul of Delray proposed to be held on Saturday, March 5, 2005 from 10:00 a.m. to 9:00 p.m., subject to the seven conditions recommended by staff in the January 27, 2005 memorandum and also direct staff to work out the timing and details of the repayment, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.J. PROPOSAL FOR SETTLEMENT IN LEVY v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $7,500.00 in Levy v. City of Delray Beach. Staff recommendation is denial. The City Attorney stated staff has received a proposal for settlement in the amount of$7,500.00. Staff recommends denial of the settlement proposal. Mr. Costin moved to approve the proposal for settlement in Levy v. the City of Delray Beach, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - No; Mayor Perlman - No; Mr. Costin - No; Mrs. Archer- No; Mr. Levinson - No. Said motion to approve the proposal for settlement was DENIED with a 5 to 0 vote. 9.K APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) alternate member to the Nuisance Abatement Board for an unexpired term ending March 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Ms. McCarthy moved to appoint Greta Britt as an alternate to the Nuisance Abatement Board for an unexpired term ending March 31, 2005, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) member to the Parking Management Advisory Board to represent the Atlantic Avenue Corridor between Swinton Avenue and Interstate 95 for an unexpired term ending January 31, 2006. Based upon the rotation system, the appointment will be made by Commissioner Costin (Seat #1). Mr. Costin moved to appoint Jeanette Dobson as a member to the Parking Management Advisory Board for an unexpired term ending January 31, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. - 19 - 02/01/05 9.M. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint one (1) regular member to the Planning and Zoning Board for an unexpired term ending August 31, 2006. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he wished to appoint Paul Zacks to the Planning and Zoning Board for an unexpired term ending August 31, 2006. Mr. Levinson so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 8-05: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", of the Code of Ordinances by enacting a new subsection 96.16(B)( 6) to clarify that prior verification of fire alarms is prohibited. If passed, a public hearing will be scheduled for February 15, 2005. The caption of Ordinance No. 8-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY ENACTING A NEW SUBSECTION 96.16(B)(6), TO CLARIFY THAT PRIOR VERIFICATION OF FIRE ALARMS IS PROHffiITED; PROVIDING, A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 8-05 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Costin moved to approve Ordinance No. 8-05 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. - 20- 02/01/05 13. 13.A. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. City Manaeer The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attornev The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.I. City Commission Mr. Levinson Mr. Levinson stated he would like to make sure staff sends a letter of appreciation to the sponsors for the League of Cities luncheon. He stated the luncheon was very nice and well attended. 13.C.2. Ms. McCarthv Ms. McCarthy stated it was a wonderful opportunity to host cities here in Delray Beach and staff did an outstanding job on the presentation. Secondly, Ms. McCarthy stated it is appropriate that the Commission meeting is being held at Pompey Park since February is Black History Month. She commented about the Soul of Delray celebration and stated if it becomes feasible she would like to see this event held during Black History Month (F ebruary). She stated there will be a multitude of events going on and sometimes she receives information from organizations that the rest of the Commission may not be privy to. Therefore, she will make sure the Commission is made aware of this. Ms. McCarthy suggested sensitizing the community to some of the changes that are going to happen and commented about the 3-D visual presentation this evening. She stated this may be a way to give a visual so that people will be prepared for the change. Mr. Levinson concurs with Ms. McCarthy's suggestion and stated perhaps Joe Gray can find a way to create an Outreach Program. 13.C.3. Mr. Costin Mr. Costin stated he too is very pleased with the League of Cities turnout and commended the City Manager and staff for a great presentation. - 21 - 02/01/05 Secondly, he stated he was very impressed and pleased with the excellent media coverage regarding the FED Cup. 13.C.4. Mrs. Archer Mrs. Archer concurred with comments expressed by Mr. Costin and feels Ms. McCarthy's idea for the community is a great idea. Secondly, she stated she was not able to attend the League of Cities Luncheon because of a conflict. Lastly, Mrs. Archer stated Mayor Perlman gave the State-of-the-City address at the Rotary Club Luncheon and noted there were ninety people in attendance. 13.C.5. Mavor Perlman Mayor Perlman stated the Roots Classical Series will be held on February 12th and he will not be able to attend because he will be out of town. He stated Mrs. Wesley has asked for Commission representation for the award presentation to Dr. Art Johnson. Secondly, he attended the Lifeguard of the Year Breakfast at Boston's on Friday. Mayor Perlman stated Jo Wagenhals is also the Lifeguard of the Year for the State of Florida and urged the Commission to congratulate her on her local honor and statewide honor. Mayor Perlman announced that Glenn Goss will be the new Police Chief in Highland Beach. He stated this is a feather in the cap of Delray and noted this is the ih individual from the Delray Beach Police Department that has moved on to take a position as Police Chief. He stated Delray Beach received good Press regarding the FED Cup. Mayor Perlman stated he was not pleased with the Editorial in the Sun- Sentinel regarding Carver Square where it implied that the City had no sense of urgency and no plan. Mayor Perlman stated he spoke with the Editorial Board and stated there is a tremendous sense of urgency on this issue. Mayor Perlman stated staff, the Community Redevelopment Agency (CRA), and Attorneys have all worked very hard on this. Mayor Perlman stated when the Plan is finalized he would like to see the City invite all of the governmental officials that have taken an interest in this (i.e. Representative Hastings, Senator Dawson, Commissioner Greene), along with the City of Delray Beach and the CRA and take input from these officials and go forward with a unified approach. Furthennore, Mayor Perlman stated he would like to see the City work with State, County, and Federal officials and suggested that Lula Butler, Director of Community - 22- 02/01/05 Improvement and the CRA work together to help coordinate this effort. He feels this would be good for the community. Mayor Perlman stated the 2005 Millennium International Tennis Championships is a great event and announced that the City is offering up to 200 free tickets per day. There being no further business, Mayor Perlman declared the meeting adjourned at 8:08 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 February 1, 2005, 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 as set forth above. - 23 - 02/01/05 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS lAST NAME-FIRST NAME-MIDDLE NAM~ ~ ß£f¿:J NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE Ai LE 11) ¡J.s ü,.v J Ð biEL~)j ~~tJ Cf'TL/ &,~~/<>5/Ø MAlUNG ADDRESS i)/LrV c- THE BOARD. COUNCil. COMMISSION. AUTHORfTY OR COMMITTEE ON qLf3 !;.V £:. ft.&12.E£.N WHICH I SERVE IS A UNIT OF: CITY COUNTY ?¡CITY Q COUNTY Q OTHER LOCAL AGENCY Î;)EL-IUJ«-f ~eJ.J ?fi-LM Bt£t1kH 'NAME OF POLITICAL SUBDIV~ DATE ON WHICH VOTE OCCURRED C/"rY D? t;;t.f2't~ !ß£~cJ FE::BfZ () ~ 'I J, 2-0ðE}' MY POSITION IS: )6 ELECTIVE a APPOINTIVE / WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have 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 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local pubtic office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a -relative- includes only the office(s father. mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A -business associate- means any person or entity engaged in or carrying on a business enterprise with the offacer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . * . * * * * * * * * * . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsibte for recording the min- utes of the meeting, who should incorporate the form in the minutes. . * . * * * * * . * * * . * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above. you otherwise may participate in these matters. However. you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) ce FORM 88 - EFF. 112000 ~ <& ~ = c\ . Ç\. i PAGE 1 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The foon must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must complete the fann and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting. who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency. and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ~ O~ 12. LEV} "-.1SÐ~ . herebydisaose that on {£6f<-Jl)I¿'f I . 20 OS-: I. (a) A measure came or will come before my agency which (check one) _ inured to my special private gain or loss; _ inured to the special gain or loss of my business associate. ~ Inured to the special gain or loss of my relative. Lof'l£..~ L&:.¡ )AJsruJ fJJL! ~¡Pùfs>JJ 75'-- , Inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: . by . which .. ¡v1'1 DÆ-Ù&NTL"'ðL, LðR-~ )5 fJ ?t)l2cd4-5¿~ D~ ry-~ cS€('LC)C A $ IJt::fL ]2.£ ~ IJ L- z.LJes " Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 $10.000. CE FORM 8B - EFF. 1/2000 PAGE 2 . !.. FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL ÞUalIC-OF~ICE~RS lAST NAME-t=IRST NAME-MIOOLE NAME NAME OF BOARD. COUNCIl, cOMMISSION. AUTHÖRITY. OR COMMITTEE Costin. Robert Delrav Beach-Citv Commission MAlUNG ADDRESS THE BOARD. COUNCIl, COMMISSION. AUTHORITY OR COMMITTEE ON , - 362 N.E. 5th Avenue WtdCH I SERVE IS' A 'uNiT OF: CITY COUNTY , &CflY Q CQUNTY '- aOTHERLOCALA~ Delrav Beach, Florida Palm Beach NÅME OF ~ S08OMSION: DATE ON WHIat VOTE ~ - . City of Delrav' Beach ' 1 , , -2/1/05 MY POSITION IS: ' , ,h. . IX. ELEC1lvE : à APPOMlVE - , WHO-MUS1"'FILE FORM-SS:' This foon Is for use by any person serving at the county, city. or other-Iocallevèl of-'gòvemment on an appointed-or electèd boardy council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting contract of interest under Section 112.3143, Florida Statutes. ~...; '\. Your responsibilities under Ö\e law when faced with voting on a measure in which you have a conflict of interest will va;Ÿ gr~aUy depending on whether you hold an elective or appointive position. For this reason, pleaSe pay close attention to thè instructions on this' (onn öåfore completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATU;rES A person hokfing elective or appointive county, municipal, or- other Iocal- public office MUST ABSTAIN from voting 'oo·a meásure which inures to his 0( her special private gain or loss. Ea~ elected or appointed Iocal,~~cer also is prohibited from knowingly votin.g on a ~~- sure which inures to the special gain or loSs of a< princiPal (other than a government agency) 'by whom he or she-is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F .S., and officers of independent special tax districts elected on a one-acre. one-vote basis are not prohibited from voting in that capacity. F.or purposes of this law, a -relative- includes only the officer's father, mother, son, daughter, husband, wife, brother. sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A -business associate- means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the fann in the minutes. * * * * * * * " * * APPOINTED OFFICERS: Although you must abstain from voting in the _situations described above, you otherwise may participate in these matters. However. you mus~d~ose"the naÍl:lre of-Ü')e conflict befgre making anY,attempt to influer:ace the decisi;On, whether orally or in writing and,wf¡ether made.'- . by yoµ. or a~ :YOt¥" direction. <, , IF YOÚ t~O TO MAKE ANY ATTEMPT TO INFLUENCÊ-'THE ÓECISldN'PRíÓR TO THE MEETING At WHICH'T~¢ VOTE W(~ BE . TAKEN: ..',- · You must complete and file this fann (before making any attempt to influence the decision) wïih the person responsible for recording the minutes oflhe meeting, who will incorporate the fOO11 in the minutes. (Continued on other side) ce FORM 88 - EFF. 112000 ITEM 9A PAGE 1 APPOINTED OFFICERS (continued) · A copy of the form must be ~ovided immediately to the other members of the agency. · The form must be read pubficly at the next meeting after t!te form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must diSclose orally the nature of your cOnflict in the measure before participating. · You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minut~s òf ~e meeting. who must incorporate the form in the minutes. A'copy of the form must be provided immediately to the other members of the agency. and the form must be read pubficly at the next meeting after the form is filed. DISCLOSURE OF- LOCAL OF-FICER'S INTEREST I. Roþert Costin . hereby disclose that on February 1 . 20 ~: (a) A measure came or will come before my agency which (check one) ---X. inured to my special private gain or loss; inuc:ed to the special gai" or loss of my business associate, inured to the special gain or loss of my relative. inured to the special gain or loss of whom I am retained; or inured to the:,specïal gain or loss of ~ is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting intère$t in thè measure is as follows: . by , , . which Owner of property 2/1/05 , - ti~ /? :7~ ignature Date Filed , - 1;' NOTICE: ,UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 'A FAILURE TOMAKE'ANY REQUIRED DISCLOSURE' CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: ìMPEACHMENT, REM9YAL OR SUSPENSION FRq~ OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A, CIVIL PENAlTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 112000 PAGE 2- FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME Perlman, Jeffre L. MAILING ADDRESS 971 Delra Lakes Drive CITY COUNTY NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Delra Beach Cit Commission THE BOARD, COUNCIl, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: XI CITY a COUNTY a OTHER lOCAl AGENCY NAME OF pOlmCAl SUBDMSION: City of Delray Beach DATE ON WHICH VOTE OCCURRED 2/1/05 MY POSITION IS: m ELECTIVE a APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have 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 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 ITEM 9G APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey L. Perlman , hereby disclose that on February 1 , 200~: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, -X.. inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. Diana Colonna , by , which (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Diane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA). I have a conflict voting on items that directly affect the Community Redevelopment Agency. 2/1/05 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 $10,000. CE FORM 88 - EFF. 112000 PAGE 2 SPECIAL MEETING FEBRUARY 8, 2005 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, February 8, 2005. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby and City Clerk Chevelle D. Nubin Before the special meeting, Mayor Perlman requested a Moment of Silence for Harvey Brown, Sr. who passed away this week and stated he was a wonderful friend to Delray Beach. Mayor Perlman called the meeting to order and announced that it had been called for the purpose of considering the following item: 1. SERVICE AUTHORIZATION NO. 1.1/KIMLEY-HORN AND ASSOCIATES. INC./MIKE MACHEK BOY SCOUT PARK: Approve Service Authorization No. 1.1 to Kimley-Horn and Associates, Inc. in the amount of $63,928.00 for consulting services for the Mike Machek Boy Scout Park Project. Funding is available from 380-4150-572-63.25 (2004 G.O. Bond/Boy Scout Park). David T. Harden, City Manager stated since the preparation of the agenda, we received a subsequent authorization at a lower cost. Dick Hasko, Director of Environmental Services presented the item and stated this morning Kimley-Horn came back with a price for this proposal which is from the current state of the Boy Scout Park project including SPRAB (Site Plan Review and Appearance Board) approvals to permitting design and the construction in the amount of $54,000.00 which is down almost half of their initial cost. Mayor Perlman asked if this is a complicated project. Dick Hasko stated there is not a lot of architecture on this project since it is a bathroom. However, there are certain items that go into the plans for permitting and construction purposes that do not relate to the size of the structure that is being constructed. Mayor Perlman stated that it seems that the national firms are high in price. He asked if it makes sense for the City to work with local firms in the future that would like to do the work and keep the price within the lower end of the ballpark. Mr. Hasko stated we have very few local firms with the qualifications needed. Discussion continued among the Commission regarding prices and consultants. Mr. Levinson stated for a project like this an option could be design build. The City Attorney stated we have the ability to do design build under our current ordinances. Mr. Costin stated he would like to see other options in the future that we could go with. Mrs. Archer asked if there is a dollar limit for design build. The City Attorney stated there is no dollar limit. Mr. Levinson asked that a reuse clause be added to our standard form contracts with consultants. It was the consensus of the Commission to remove the architectural fees out of the proposal with staff to investigate the reusing of other plans; and present the item at the February 15, 2005 Regular City Commission Meeting. 2. SERVICE AUTHORIZATION NO. 7/KIMLEY-HORN AND ASSOCIATES. INC./U.S. 1 CORRIDOR STUDY: Approve Service Authorization No.7 to Kimley- Horn and Associates, Inc. in the amount of $30,050.00 for supplemental engineering services related to the Corridor Study of U.S. 1 from S.E. 4th Street to N.E. 4th Street. The Community Redevelopment Agency (CRA) will reimburse the City for the amount of this service authorization. Funding is available from 334-4141-572-65.99 (General Construction Fund/SE 4th Street to NE 4th Street). Dick Hasko stated the CRA (Community Redevelopment Agency) is funding this service authorization for supplemental information on North and South Federal Highways to insure that we are getting complete accurate information regarding seasonal traffic and pedestrian counts, etc. Mrs. Archer stated we should be sure to take the information during a normal week and not a holiday week. Mrs. Archer moved to approve Service Authorization No.7 to Kimley-Horn and Associates, Inc. in the amount of $30,050.00 for supplemental engineering services related to the U.S. 1 Corridor Study, seconded by Mr. Costin. Upon roll call, the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed 5-0. Mayor Perlman declared the Special Meeting adjourned at 6:15 p.m. City Clerk A TrEST: MAYOR 2 February 8, 2005 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, February 8, 2005, which Minutes were formally approved and adopted by the City Commission on February 15,2005. 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 amendments, additions or deletions to the Minutes as set forth above. 3 February 8, 2005 ~ WHEREAS, Rotary International, founded on February 23, 1905 in Chicago, Illinois USA, is the first and one of the largest non-profit service organizations; and WHEREAS, there are over 1.2 million Rotary Club members comprised of professional and business leaders in over 31,000 clubs in more than 165 countries, with 387,000 Rotary club members in more than 7,700 clubs throughout the United States; and WHEREAS, the Rotary motto "Service above Self" inspires members to provide humanitarian service, encourage high ethical standards, and promote good will and peace in the world; and WHEREAS, Rotary Club funds projects and sponsors volunteers with community expertise to provide medical supplies, health care, clean water, food production, job training, and education to millions in need, particularly in developing countries; and WHEREAS, Rotary in 1985 launched Polio Plus and spearheaded efforts with the World Health Organization, U.S. Centers for Disease Control and Prevention, and UNICEF to immunize the children of the world against polio. Polio cases have dropped by 99 percent since 1988 and the world stands on the threshold of eradicating the disease; and WHEREAS, Rotary is the world's largest privately funded source of local and international scholarships and promotes international understanding through scholarships, humanitarian grants, and exchange programs; and WHEREAS, the Rotary Club of Delray Beach was chartered on February 10, 1948 in a ceremony held at the Colony Hotel with almost 200 hundred people in attendance; and WHEREAS, the Rotary Club of Delray Beach was granted their International Charter from Rotary International on June 13, 1948, with 27 original members and now maintains a regular membership of 60 active Rotarians and 20 additional "Snowbird" members during the winter season; and WHEREAS, the Rotary Club of Delray Beach sponsored the fonnation of the Boca Raton Club on March 28, 1957 and a second club in 1986 known as the Delray Beach Sunrise Club; and WHEREAS, the Rotary Club of Delray Beach was one of the original sponsors of the Delray Beach Little League Team and is now the only continuous team sponsor; and WHEREAS, the Rotary Club of Delray Beach has contributed well over $250,000 in scholarship grants to local Delray area students primarily from Adantic High School; and WHEREAS, in addition to supporting numerous international and student exchange projects, the Rotary Club of Delray Beach has continually and actively supported local organizations including: Paint Up Delray, Carver Estates Community Basket Ball Court, Delray Affair, Palm Beach County Scholastic Achievement Awards, Boy Scouts, Girl Scouts, YMCA, and Old School Square through their annual "Service Above Self' Award, as well as supporting a small village elementary school in India. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, and all of the citizens of Delray Beach do hereby recognize February 23, 2005 as ROTARY INTERNATIONAL DAY in Delray Beach and encourage all citizens to join us in recognizing Rotary International for 100 years of service to improving the human condition in local communities around the world. 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 15th day of February, 2005. JEFF PERLMAN MAYOR tøt\ SUGGESTED PRODLIMATION FOR ROTARY IOOTH ANIVERSARY WHEREAS, Rotary International, founded on February 23 1905 in Chicago, Illinois USA, is the first and one of the largest non-profit service organizations; and WHEREAS, there are over 1.2 million Rotary club members comprised of professional and business leaders in over 31,000 clubs in more than 165 countries, with 387,000 Rotary club members in more than 7,700 clubs throughout the United States: and WHEREAS, the Rotary motto "Service above Self' inspires members to provide humanitarian service, encourage high ethical standards, and promote good will and peace in the world: and WHEREAS, Rotary funds club projects and sponsors volunteers with community expertise to provide medical supplies, health care, clean water, food production, job training, and education to millions in need particularly in developing countries; and WHEREAS, Rotary in 1985 launched Polio Plus and spearheaded efforts with the World Health Organization, U.S. Centers for Disease Control and Prevention, and UNICEF to immunize the children of the world against polio; and WHEREAS, polio cases have dropped by 99 percent since 1988 and the world stands on the threshold of eradicating the disease; and WHEREAS, Rotary is the world's largest privately funded source of local and international scholarships and promotes international understanding through scholarships, humanitarian grants and exchange programs, through ambassadorial scholars, group study exchange and youth exchange programs; and WHEREAS, the Rotary Club of Delray Beach was chartered on February 10,1948 in a ceremony held at the Colony Hotel with almost 200 hundred people in attendance WHEREAS, the Rotary Club of Del ray Beach was granted their international Charter from Rotary International on June 13, 1948, with 27 original members and now maintains a regular membership of 60 active Rotarians and 20 additional "Snowbird" members during the winter season, and WHEREAS, the Rotary Club of Delray Beach sponsored the formation of the Boca Raton Club on March 28, 1957 and a second club in 1986 known as the Delray Beach Sunrise Club, and WHEREAS, the Rotary Club of Del ray Beach maintains 75 percent club member participation as Paul Harris Fellows or sustaining members supporting Rotary international projects, and WHEREAS, over the years, the Rotary Club of Delray Beach has contributed well over $62,000 to the Polio Plus International Campaign to assist in immunizing the children of the world against polio, and 02/09/05 - page 1 ROTARY PROCLIMATION 100TH ANNNERSARY WHEREAS, the Rotary Club of Delray Beach was one of the original sponsors of the Delray Beach Little League Team is now the only continuous team sponsor; and WHEREAS, the Rotary Club of Del ray Beach has contributed well over $250,000 in scholarship grants to local Delray area students primarily from Atlantic High School, and WHEREAS, in addition to supporting numerous international and student exchange projects, the Rotary Club of Delray Beach has continually and actively supported local organizations including: Paint Up Delray, the Carver Estates Community Basket Ball Court, the Delray Affair, the Palm Beach County Scholastic Achievement Awards, the Boy Scouts, the Girl Scouts, the YMCA, and Old School Square through our annual "Service Above Self' Award, as well supporting a small village elementary school in India. Therefore, ..... .proclaim February 23,2005 as Rotary International Day and encourage all citizens to join us in recognizing Rotary International for 100 years of service to improving the human condition in local communities around the world. 02/09/05 - page 2 s-S ,.., \\ \ ~ WHEREAS, February is designated as black history month and African Americans have contributed immeasurably to the richness of our dynamic, multicultural society. They embody our Nation's core values, including devotion to family, commitment to hard work and pride in their heritage, and have added to every aspect of our national life; and WHEREAS, we must bear witness to the progress, richness, and diversity of African American achievement; and WHEREAS, the preservation and conservation of African American heritage and culture is important to our history; and WHEREAS, an observance of African American achievement has been recognized since 1926; and WHEREAS, it is important that we share this celebration of the human spirit as demonstrated by the traditions and legacies of our African American citizens. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of February, 2005 as BLACK HISTORY MONTH and encourage all of our residents to join in this recognition of the accomplishments and contributions made to our community and country by our fellow African Americans. 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 15th day of February, 2005. JEFF PERLMAN MAYOR lQß MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ø1 AGENDA ITEM # ß/\ - REGULAR MEETING OF FEBRUARY 15.. 2005 FINAL PLAT APPROVAL/I & D CORPORATION OF SOUTH FLORIDA PLAT ,,// TO: FROM: DATE: FEBRUARY 11,2005 This is before the City Commission to approve the final subdivision plat for I & D Corporation of South Florida, a proposed single lot subdivision. The property is a plat of a portion of Section 18, Township 46 South, Range 43 East, bounded by N.W. 2nd Street and the CSX Railroad. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for I & D Corporation of South Florida. S:\City Clerk\agenda memos\Ftnal Plat.l & 0 Corp. Plat.02.1S.0S City Of Delray Beach Department of Environmental Services M E M 0 RAN DUM FROM: David T. Harden, City Manager Randal L. Krejcarek, PE ;;fþ ~ February 8, 2005 TO: DATE: SUBJECT: I & D Corporation of South Florida Plat Agenda Request The attached Agenda Request is for Commission approval of the I & D Corporation of South Florida Plat, a proposed single lot subdivision. This property is a plat of a portion of Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. This property is bounded by NW 2nd Street and the CSX Railroad. Enclosed are a location map and a reduced copy of the plat. This is a minor subdivision plat; therefore, no additional approvals are required. If this meets with your approval, please place it on the February 15, 2005 Commission Agenda for approval. Thanks! enc cc Richard Hasko Joe Safford City Clerk T AC file S:\EngAdmin\TAC\/ and D Corporation\2005 Feb 15 agenda memo. doc )// \ / / I J ~ LAMOA c I AVENUE IAUTO CENTER MDS WHOLESALE I ~ PALM TRAN SA TELLI TE -F ACILI TY Ie N.W. 1ST ST MARTY ~~ z Yf LAKE IDA ROAD CHURCH OF ~~y CHRIST V LEE ST. \ ! ~ « \ z 0 ~ I- PROSPECT ST. c.:> z ~ J: U1 « ~ ~ ....-........- 3/ SETA OELRA Y CEN TER !¡ >< VI U AR TIC ICE ~C'ÄRbL /(ROL , ~ !VA Y NOLAND I r----- CJ . « OC 3RD ST. - I I N.W. - ~ « I l- I{) ~-- \- - -- ---- t== ~== _ \-- N.W._ r \ ~ I I~- \ \ ~ = L;~ \\:~ n ~ž--~ - KEYSTONE CREA TlONS I- a.. ~ ~ w w > « - :) z w J: I- 00 ~ST > « (f) _ ~ z \ -- - 1/ FLADELL DRIVE - II w > i C., I I--- J: I- ~ 0--'-- - - \OELRA Y (f) AWNING w / //-;; ~//:::; N - 0::: ROYAL COMM. Z PARK OF OELRA Y ~U =:rr ~-;¡( N U E ¿þ~~ --~ '\ 'v :.{v.~..Jv ~ ~ RINKER ( ~.... MA TER/ALS \ ~ \.. o / \. ~ '--- - o u ~ z ... ... ...... . ~/f:,. 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"" 00 8~ ~! :~ ~ ~ I 1 ~ I ~ ON' _ f5 ~ a 5'CJ ~ '" q§2 Ii¡ ~~V) - I ¡g~-; ~ - ~ ~ n; ~ ~ ~ t ~ ~ , §2 ~ I \) -< I I / I / I mR' m 20 e ~n ~o õAJ zl] "11 ~ 0 » CIJ AJ ~º~ » en m~:::t -1 1: moO o m ~11~ 0 m~ IO.CXI Z @ 0 Om-l ~11 OÇ;O m '" c»:E 0 J en z-<z 1\)8 ffi ~ m ~ Il ~m 11»"11 ërl ro~ (J) °Im ~. CIJ 0 ~ 2 c -I .I -1 JJI » z ell m, ~o ~AJ CIJ - -10 » ~* I - Q)¡¡ g--~~ ~tI)~ i~~~ ~~~ ~~¡~ ~s; ~!.;:>~ ò'i¡\)V> ~ê~~ ~0~ ; ~~ - ~ ~ ~~ ~ )-c -r, ~ ""'20 ..,..... 0-< ~ê : ~ ! ""0 ~ ~ ...,"" g ~~ " !'! i '" ~;;:: ~- ~ so ~ CD § ~ 2 0 ~ :~ Date: 8 Feb 2005 AGENDA ITEM NUMBER:1 AGENDA REQUEST Request to be placed on: -X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 15 Feb 2005 Description of Agenda Item (who, what, where, how much): Request for Commission Agenda Request is for Commission approval of the I & D Corporation of South Florida Plat, a proposed single lot subdivision. The attached agenda request is for Commission approval of the I & D Corporation of South Florida Plat, a proposed single lot subdivision. This property is a plat of a portion of Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. This property is bounded by NW 2nd Street and the CSX Railroad. Staff Recommendation: Approval J ~ Department Head Signature: ( ~C: ' vz,. ð-: tts- City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: r!J / No Initials: Hold Until: 1 Agenda Coordinator Review: Received: s: \ EngAdmin \ TAC \1 and D Corporation \2005 Feb15 agenda.doc MEMORANDUM FROM: MAYOR AND cITI COMMISSIONERS CITY MANAGER yrv1 AGENDA ITEM # <g & - REGULAR MEETING OF FEBRUARY 15.. 2005 GRANT AWARD FOR HOUSING ~EHABILITATION CONTRACT TO: SUBJECT: DATE: FEBRUARY 11,2005 This is before the Commission to consider approval of the following housing rehabilitation contract: . $24,517.50 to Tommy Preston for 805 S.W. 3rd Street Funding for the total amount of $24,517.50 for this grant is available from 118-1963-554-49.19 (Community Development Block Grant (CDBG) Program/Housing Rehabilitation). Recommend approval of the housing rehabilitation grant/contract award as outlined above. S:\City Clerk\agenda memos\CDBG Housing Rehab Award.02.1S.0S MEMORANDUM THRU: David Harden, City Manager Ferline F. Mesidort, C.D. Specialist {ftL Kendra W. Graham, C. D. Administrator ~ . Lula Butler, Community Improvement Director ti? TO: FROM: DATE: February 2, 2005 SUBJECT: Community Development Division Housing Rehabilitation Grant Award ITEM BEFORE THE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant award to the lowest responsive bidder. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsible bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated amount of funding required. RECOMMENDATION Staff recommends awarding the bid for one (1) Housing Rehabilitation project to the verified responsible low bidder and authorize award in the following amount: Case Number Address Contractor Grant Amount 03-029 I 805 SW 3rd Street I Tommy Preston I $ 24,517.50 CITY OF DELRA Y BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2005-06 APPLICANT: Carolyn Flowers PROJECT ADDRESS: 805 SW 3rd Street DATE OF BID LETTERS: January 6, 2005 DATE OF BID OPENING: January 20, 2005 NAME OF CONTRACTORS AMOUNT OF BIDS Cordoba Construction Co., Inc. E.S. Cummings Construction Co. Henry Haywood 1. Mosca Builders, LLC. Paul Hensel Construction Solutions Remodeling & Design Services, Inc, South Florida Construction Sun Band Builders Construction Tommy Preston Horizon Roofing Petito Roofing Roofing Team Inc. W rights Way Roofing $ 29,755.00 $ 23,855.00 $ 24,720.00 $ 23,350.00 In-House Estimate $ 22,890.75 CONTRACTOR AWARDED CONTRACT: Tommy Preston BID/CONTRACT AMOUNT: $ 23,350.00 5% Contingency = $ 24,517.50 $1,167.50 FUNDING SOURCE: Community Development Block Grant Program Account #118-1963-554-49.19 COMMENTS: Due to hurricane damages after work write-up, items #21 & 23 are omitted and roof repair was included in final bid. Agenda Item No.: õ:ß AGENDA REOUEST Request to be placed on: ~ Regular Agenda _ Special Agenda _ Workshop Agenda _ Consent Agenda Date: February 2, 2005 When: February 15,2005 Description of item: (who. what. where. how much): Case Number Address Contractor Grant Amount 03-029 I 805 SW 3rd Street I Tommy Preston I $ 24,517.50 ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO Recommendation: Staff recommends approval of one (1) Community Development Block Grant (CDBG) Housing Rehabilitation Grant in the amount listed above for a total award of $ 24,517.50. CDBG Total: $ 24,517.50 Account Number: 118-1963-554.49.19 [f¡t~ g ---- Department Head Signature: City Attorney ReviewIRecommendation (if applicable): Budget Direc~rnReview (reE}olired on all itÿms involving expenditure of funds): ~~~ w~ ,,:z,/tJ'f/05 Funding Available: YES/NO Funding Alternatives: - (if apPlica~~ d.. . I? J / Account No. & Description: II Yo a~ 1- fi5'I-17.1f ðl1?JYI. ~ II~~ ~ Account Balance: /Þø~ '7'1'/ City Manager Review: Approved for Agenda: Hold Until: ~of11 Agenda Coordinator Review: Received: Placed on Agenda: [IT' DF DELIA' BEA[H DElRA Y BEACH tIa.d All-America City , 'III! fÍ1 100 N,W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·561/243-7000 MEMORANDUM 1993 2001 TO: David T. Harden City Manager FROM: ~Robert A. Barcinski Assistant City Manager DATE: February 7, 2005 SUBJECT: Aeenda Item City Commission Meetine February 15. 2005 Ratification - Board Appointments Old School Sauare ACTION City Commission is requested to ratify the Board of Director appointments to Old School Square per paragraph 2(a) of the Management Agreement dated August 7, 1990. BACKGROUND Per the conditions set forth in the Management Agreement between the City and Old School Square, City Commission ratifies the appointments to the Board of Directors. Appointments to the Board are made by Old School Square. A list of the appointees for 2005 is attached. RECOMMENDATION Staff recommends ratification of the list of appointees to the Old School Square Board of Directors. RAB/tas File: u: sweeney/agenda Doc: board appointments oss @ Pflnted on Recycled Paper THE EFFORT ALWAYS MATTERS ~C,. January 2005 Nominatine Report New Board Members · Cary Glickstein - starting 1 st year of first term · Jan Kucera - starting 1 st year of first term · John McKenna - starting 1 st year of first term · David Schmidt - starting 1 st year of first term · Joe Silk - starting 1 st year of first term Continuing First 3- Year Term · Perry Brown - 2nd year of first term · Bernard Dahlem - 2nd year of first term · Gil Forbes - 2nd year of first term · Brian Cheslack - 2nd year of first term · Bill Sanders - 3rd year of first term · Leon Weekes - 3rd year of first term · George Elmore - 3rd year of first term · Shelly Weil- 3rd year of first term Continuing Second 3- Year Term · Virginia Courtenay - 1 st year of second term · Dave Darwin - 1 st year of second term · Mary Morrell - 1 st year of second term · Kevin Hammer - 1 st year of second term · Tony Newbold - 1 st year of second term · Barry Rubin - 3rd year of second term · Anita Hyman - 2nd year of second term · Howard Ellingsworth - 3 rd year of second term · Jay Alperin _2nd year of second term · Lula Butler - 3rd year of second term [IT' DF DELAAY BEA[H DELRA Y BEACH f lOR I ) A tr.ftd All-America City , , III ~o: 1993 2001 oj< Ø1 MEMORANDUM 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 561/243-7000 David T. Harden, City Manager FROM: '¢5 Robert A. Barcinski, Assistant City Manager DATE: February 4,2005 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 15, 2005 APPROVAL SPECIAL EVENT EASTER SUNRISE SERVICE ACTION City Commission is requested to endorse the Easter Sunrise Service to be held on March 27, 2005, to grant a temporary use permit per the LDR's Section 2.3.6(H) for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar from 5:30 a.m. to 7:30 a.m., grant the use of the pavilion, and authorize staff support for traffic control, barricading, and EMS assistance. BACK6ROUND Attached is an event permit received from Reverend William Stokes on behalf of the Delray Beach Clergy Association. Commission is requested to endorse the Easter Sunrise Service, to authorize the use of the beach pavilion and closure of South Ocean Boulevard, and to provide staff support as listed. No staff overtime costs will be incurred. Police and EMS assistance will be provided with on-duty personnel. Police officers with the assistance of volunteers will put up and take down the barricades. Although a minor event, City Commission approval is needed to obtain an FDOT permit for the closure of South Ocean Boulevard. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for the street closure, use of the pavilion, and provide staff support as requested. RAB/tas cc: Joe Weldon Lt. Joe Milenkovic Fire Inspector Lt. Jim Tabeek Harold Bellinger Jim Schmitz * Printed on Recycled Paper File:u:sweeney/events Easter Sunrise Service Special Event 2005 THE EFFORT A.LWAYS MATTERS ~~ Steering Committee of the De/ray Beach Clergy Association The Rewrend Ron Arflm, Chaplam Abbey Delray South Delray Beach Helen M. A~hley Chnstlan SCIence Practitioner FIrst Church of Christ, SCIentist Delray Beach The Reverend Sharon Austin, Pastor Cason Methodist Church Delray Beach Fred M Elworthy Chrzstlan SCIence PractitIOner First Church of Christ, SCIentist Delray Beach The Reverend Elizabeth L. H ill, Associate Church of the Palms Ul1Ited Church of Christ. Delray Beach The Reverend Phlltp A. Kittle, Ph.D. Chaplam Ho:-,pICe of Palm Beach County The Reverend WIlliam Quick, Ph.D. Federation of Christian Ministries Delray Beach Elder Major Rollins, Pastor St. John Primitive Baptist Church Delray Beach The Reverend William H. Stokes, Rector St Paul Episcopal Church Delray Beach Rabbi Dr. Chaim J. Wender Temple Sinai Delray Beach Cantor Jennifer Werby Temple Sinai Delray Beach January 20, 2005 City of Delray Beach 100 NW First A venue Delray Beach, FL 33445 Attn: Robert A. Barcinski, Assistant City Manager Re: Special Event Easter Sunrise Service Sunday, March 27, 2005 at 6:30 a.m. -7:30 a.m. Dear Mr. Barcinski: On behalf of the members of the Delray Beach Clergy Association, I submit the following information required under Policies and Procedures/Special Events. For many years our Association has sponsored the Annual Easter Sunrise Service. The service has been held at the pavilion on North Ocean Boulevard and Atlantic A venue. People gather on the sidewalks and the street, as well as on the beach. They may begin to arrive around 5:30 a.m. The start time of the service is 6:30 a.m. and will conclude by 7 :30 a.m. It is estimated that over one thousand people attend this religious historic event. A collection is invited with the proceeds going to benefit those in need within the Delray Beach area. Under III General Policies, Section I, we submit the following: Minor Event - Initial requests must be submitted to the City Manager or his designee at least 45 days prior to the event which, in this year of 2005 falls on Sunday, March 27, 2005. The permit(s) and all back up materials will be submitted at least 30 days prior to the event once they are received. Site Plan: Pavilion and approximately 50 to 75 feet from the south comer of Atlantic A venue on North Ocean Boulevard is required for the people, many of whom bring their own chairs, to sit or stand in the street or on the sidewalk. Parking Plan: The people have been parking their vehicles wherever legally available, including curb parking, and spaces off the street. Traffic Plan: Police barriers would be helpful and (1) a police or other trained non-sworn personnel presence to direct traffic off Atlanitc A venue and North Ocean Boulevard as well as direct traffic for pedestrian safety. Maintenance/clean-up Plan: There usually is very little debris following the event. f Steering Committee 01 the Delray Beach Clergy Association The Reverend Ron Arflin, Chaplain Abbey Delray South Delray Beach Helen M. A~hley Christian SCience Practitioner First Church of Christ, Scientist Delray Beach The Reverend Sharon Austin, Pastor Cason Methodist Church Delray Beach Fred M. Elworthy Christian SCience Practitioner First Church of Christ, Scientist Delray Beach The Reverend Elizabeth L. Hill, Associate Church of the Palms United Church of Christ. Delray Beach TI1e Reverend Philip A. Kittle, Ph.D. Chaplain Hospice of Palm Beach County TI1e Reverend William Quick, Ph.D. Federation of Christian Ministries Delray Beach Elder Major Rollins, Pastor St. John Primitive Baptist Church Delray Beach TI1e Reverend WIlliam H. Stokes, Rector St. Paul Episcopal Church Delray Beach Rabbi Dr. Chaim J. Wender Temple Sinai Delray Beach Cantor Jennifer Werhy Temple Sinai Delray Beach January 20, 2005 City of Delray Beach Special Event Easter Sunrise Service Sunday, March 27,2005 at 6:30 a.m. -7:30 a.m. Page 2 NOTE: Pavilion: Electric outlet at the pavilion shorts-out, thereby requiring repair. The outlet is necessary for microphones and loud speakers. Location of the outlet is under the north east comer of the pavilion. Fee: (C) In as much as we fall under the category of a non-profit/charitable organization and the sponsor of this annual historic event, which, for your purposes is classified as a Minor Event. If correct, we believe any costs to the city for a maximum of two years will be waived. This is our second year of presenting to the city our proposal based on your requirements. Should you require further information, please contact me at (561) 276-4541. Thank you for every consideration. W iam . Stokes Rector, St. Paul's Episcopal Church President, Delray Beach Clergy Association City of Delray Beach Special Event Permit Application DElRAY BEACH ~ 1ïir 1993 2001 ----.- ------. PLEASE PRINT Date of Approval/Denial Title Event Approved/Denied Approved/Denied by 1. 2. Event NamelTitle: ELctW/ SLvny,"~ Seyut"uu Event Date(s): C Event Time(s): ..)~, mlLVch- :;l,¡ ~ (o'3o. Alh - Î ". '-~ 0 fllr) 3. 4. 5. 6. 7. 8. and go to 9. 10. 12. s. Cb::lìI') ß ~ (\ . ~ Site plan attached: ç;Ät\at1~ A~ to #1~ kJQf S no (Site plan required for entire event site)ttnd.. YnI'Ì'tt-m4('Dv-,v£ -to -t-t1e ~. Event budget attached: yes V no (Required for all events) Serving or selling alcoholic beverages: yes no ~ (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes ~)) Pr no (Required two (2) weeks prior to event naming the City ~s additional insured, also required for vendors) Playing of amplified music: (Waiver required) Requesting Police assistance: (Traffic control/security) 13. 14. 15. ~ ,/ no yes no 16. yes 1 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. yes no~ Will supplement with private security: (If yes, need plan attached) Request~ng Em~rgency M.edical assistance: yes V fNes£~no Requestmg barncade assistance : yes \/ VY\.,Sh1íl~ti ~j no Requesting trash removal/clean up assistance: yes r,o, no ~ Requesting trash boxes and liners: yes no ~ Requesting stage use: yes no í~ (If yes, check type) Large stage covered 0 Large stage no cover 0 Small stage 0 Half small stage 0 Requesting signage : yes Type: Event sign (4'x4') Directional signs Banner hanging Indicate dates required (Waiver required if more than one (1) week prior to event) Food and beverage vendors: yes no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event no ~ ~ no no no /' ~ 28. Health Department approval: (see attac~ed yes Other vendors:Qø.sa1 JChuvch- -Free yes ~ Tents: 5-t-wnt-\- (&1 Põldlr1G1·~ yes (If yes, tent permits and fire inspee1tions maybe needed) Will the event include amusement rides? requiring state approval? ~ yes no ~ (If yes, type and location and copy of liability insurance required) (Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) ~ 29. / V ~ / 31. Will the event be gated? (Show on-site map) Will there be fireworks or other pyrotechnics? yes (If yes, contact Fire Marshall) Will there be cooking with compressed gas? yes no (If yes, contact Fire Marshall) ~ Will you be providing port-a-Iets for the event? yes no , L- (If yes, locate on-site map. If no, indicate how you will handle restroom . needs) ~ Will there be a charge for the event? yes no (If yes, indicate ticket prices) ~/ Is reserved parking requested? yes no f ~ (If yes, indicate locations) no yes 30. no 32. 33. 34. 2 35. Nei hborhood Block Parties Nei hborhood block arties onl . Is event sponsored by the Homeowner's Association? yes_ no_ (If not, then individual{s) submitting permit application must also submit a petition signed by 51 % of the homeowners who live on the block) . Please note the following: 1 ) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way. 5) Homeowners Association will be required to pay all overti e costs that may be incurred as a result of City staff involved in the For Staff Use On/~ Date Received I' Application fee received $ ~~'I' Site map V- Budget V Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire I nspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval ~ / ./ ~ 3 i .. . .. . . . l ErN C}9-1276272 ro sa ...-.- ~ Internal Revenue Service W&1~{JQnfiù@U@Uùø ®@ ~@~~~ 0"\6:.1 I" ,~p4y r.(~ to: JUN 27 S73 .. T:MS:m:R.:2 The Diocese of Southeast Florida., Inc. t> 525 NE 15th street Miami, Florida 33132 ~ Gentlemen: This refers to the in!' orro.a. tion sulmi tted for use in determining your sta~ and the status of your subordinate congregations f<?r Federal. incane tax purposes. Based on the inf'ormation supplied, we rule that you and your subordina.te · congregations Il3med in t.be group ex_ you subuitted are exœpt : [ran Federal income tax und~ section_r the Internal Revenue Code, .85 it is sh~ that you and such subordi.nAte congregations are organized and : operated exclU8ively for religio\ls purposes. · We have further determined t.ha.t you and your exempt. subordinate congre-. · ,gations are not pri'V3te founda.tions witb.i:n. the m~n';ng of section $09(a.) or · the Code because you and they are Qrganizations described in sec'tion 170{b)(1) , (A) (i) of the Code. You and your exempt subordinate congregations are not requir~ to file Federal income tax retµrns so 10ng as you and the e~œ1pt subordina.te congre- gations retain a "tax exempt status, unless you' and they are õU.bj~ct to the · tax on unre1a.ted bUSiness income under section S11 of the Code. r.:r you and thê exempt subordinate congregations are subject to this tax, it will be nee essary t< file an income tax return on Fonn 990-1'. In this letter ~e are not determ:.ining whether aI13" of your or their present or proposed ac ti vi ties is unrelated business as defined ín see tion 513 of the Code. Further j'1)'U : and your exempt sWordina.w congregations . are not required. to file, the Return fqr Organizations ~empt From Federal Income Tax, Form 990, as you. and tJ1ey.cane within the sPecific exceptiol""-s contained in seotion 6OJ3(a) (2)(~)(i) of the Code. . Orgànizations tha:t are not private foundations are 'not subject to the eXcise taxes under Chapter 42 of the Code.. However, you a.'1d yQur exempt s\1bordinå. 'te congregations are not automa ticall.y exempt from other . Federal , excise taxes. l' ~.;. . ".' -.. ~ - ~':. " .: -2- The 'Diocese of Sou.:the.ast Florida, Inc. ; . « You and your subord.:inate congregations 3re not. liab1e for the taxes under the Federa.1 3i1surance Contributions Act (social securi:ty taxes) unJ.ess ~ and such subordiDate congregations .rile a wiver of exemp'tion certificate : as provided. in 'that Act. You and. ¡our exenpt subordinate congregations are ¡ not. liable £or the tax \1Ilder the Fadera1 Unentployro.ent Tax Act. However, ~u I at1:d your exempt, subord:l.na:te· congregations are required to vithhold: Federal i incane taxes ór your 8.nd their employees. . Inquires about the vaiver of ex- I emption certificate for socia1 security taxes, or s.ny other questions concem- I ing excise, enrploym.ent, or other Federal taxes sbould be addressed to the I District Director, Internal Revenue Service, Atlanta, Georgia., "Which is your I key distrl.ct for exempt organization rna. tters. I ¡ Donors may deduct contributàons to you and your exempt subordinate I' congregat.i.ons as p~vided. by- section 170, or the Code. Bequests, legacies, devises, transfers, or gifts to oX" for your use or to or for the use of your I exempt mWQrdinate congregations are deductible fot' Federal estate and gift 1 tæ: purposes i.f they meet the applicable provisions or sec'tions 2055, 2106 I and 2522 of the Code. i ! If you change your purposes, character, or method of operation, please I let your key District Director knoW' 60 that he may consider the e.rfect on your ! exempt status. Also, please keep hi:m informed of w.y changes in your name or ¡ address. i I . ,Each yeu ~ thin 45 days after the close of your annual accounting } peri~J please send 'the .follo'Wing to the Director, Internal Revenue Service ; Center, 11601 Rooseve~'t Bou1ev:ard, Philadelphia, pennsylV<mia 19t55~ ! Attention: E3R Branch:. .,. A statement describing any changes during the year in the purposes, chara.cter, ör method of opera tion of your subordina. te congregations. 2. A list of the names 1 mailing addresses ~ in- cluding Postal ZIP Codes and employer iden- tifica tion n.umbers (if required for group exemption letter purposes) or subordinate congregations on your group exemption roster tha t daring the year: a. changed names or addresses; b. were deleted from the roster; c. were added to the roster. , . I . i I ·0 o. -3- The Di,ocese of Sou'thea.st Flori.da) Inc. A di.ree tory of subordina te coa.grega tions may be· substituted for this list if it includes the require4 information and identiîies the affected subordina.te congrega'tions according to the t.}u-ee c.a tegories above. 3. For sUbordi.nate congregations added to the roster, a letter signed by one of your principa]. officers con ta.ining or attac~: 11: a statement that i-ufonnation upon 'Which yo~ present group ~emption le'tter is based applies to the new subord:ina. te congr ega. tions ; b. a statement th..at. each has gi~en. you 'Written a~thorization to add its name to the roster; c.. a list of those to which the Service previously issued rulings or deter- mination ~etters relatiag to eX€mption, and j I 1 I I ~; ¡ I ¡ ! 4. I i I d." a statement that none of the new: subordinate congregatio~..s are private roundaiäons a.s defined "in section $09(a) of the Code. If applica.b1.e~ a. st.a.telr.ent. that your grou;> e:~eraption roster did not, change during the year. You should advise ea.ch of your exeropt subordinate cO:'lgrega.tions of tt\e exemption and the p¢rtinent provisions of this ruling. Your key District Director, Atlanta, ~orgia, for exempt crga.:'lization J11atters,. is being furnished a COP)" of this letter. SD1cerely yours, rvf' Ql/l. r'~ , J lk X c/o-{ \-.J-o"l" /. ~'-- l"il t·on C~rny \j allef, ~ulings Section Exempt O:--ga.l1iza tion$ Bra.nch i .1 t .. , TOTAL P. ø: -- EASTER SUNRISE SERVICE MARCH 27, 2005 6:30 A.M. ORDER OF WORSHIP Prelude Call to Worship Invocation Welcome Hymn Medley I Scripture Reading Special Music Gospel Reading Special Music Sermon Offertory Statement and Prayer Hymn Medley II Benediction ~ ~5 ~: $e;~':'-'P I~ chvi' oS tJ1;\ S~/Å¿lh1 ~ pa.v/htn1 .j~t::n~ ~ trl 6, :)~ Inv... ~ ~ Mt~"'Þ\R. bR, .~. .s ~ . ~ blcá: 1 JJ~ & orf/¡btøI"t\ ~ ~r;"l~?- YI def/flJ.-! ~I). ( 1)(. ~u(a'" ø- 6JJeWf erd6 no lab +~ 7: 319 IUVt \..-.. \...../ J .~. AíLAN-r,C. AV:G L/.~ kã¿)., pa v,·høñ . 5 ¡IE lrf 5u.n rP' se ~-a2 J-btrtl n3 ~: 30 Ú.-;v\ /' o~ (~¥' ~;n5 5: 3¿)A1\1 ) L~ A+/arrbc. ~~ "---- \..../.~ -. 600 IlJ HJIddO SHH~VNVW XlIJ 661LCt619£ XVd 66:01 £006/06/10 Delray Beach Clergy Association Easter Sunrise Service March 27, 2005 Event Budget City Permit $50.00 Programs donated by Printing Plus Sound/Music Equipment fee rental from Marathon Music Sound Tech/Set-Up $100.00 All Program Participants gratis - churches and organizations Coffee complementary - Cason Methodist Church Ushering Service gratis - Boy Scouts and Kiwanis Van/Equipment Transport free use from Cason Church parishioner City Services (Police/Fire/Ambulance) As per city's Special Event Policy TOTAL KNOWN COSTS $150.00 [IT' DF DELRA' BEA[H DELRA Y BEACH f lOR I n A tø.td All-America City , III I! 01( 4 MEMORANDUM 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·561/243-7000 1993 2001 TO: David T. Harden, City Manager 9f Robert A. Barcinski, Assistant City Manager FROM: SUBJECT: Agenda Item # City Commission Meeting February 15,2005 Approval Special Event - Cinco De Mayo Fiesta DATE: February 7,2005 ACTION City Commission is requested to endorse the ih Annual Cinco De Mayo Fiesta to be held on Saturday, May 7, 2005, from 11 :00 a.m. - 10:00 p.m. at Old School Square, to grant a temporary use permit per LDR Section 2.4.6(H) for the closure of NE 1 st Avenue on the north side of the grounds of Old School Square to the loading gate area and to authorize staff support for security, trash removal, signage, to consider a waiver of LDR's Section 4.6.7 (D)(3)G)(ii) to allow the installation of event signage on April 25th and to authorize use and set up and take down of the large City stage. BACKGROUND Attached is an event permit received from Ms. Janie Rameriz, Chairperson of the Fiesta. Cinco De Mayo celebrates the date Mexican soldiers defeated the French at Puebla Mexico. This celebration is a party that represents freedom and liberty. The committee is composed of Hispanic residents of our City. The event will be held on the Old School Square site, and they are requesting partial closure of NE 1 st Street. The committee will be responsible for event management, liability insurance, vendor approval, site set up, and fencing. Last years attendance was approximately 2,000 people; therefore the Fire Department EMS services are not required. The estimated overtime cost is $3,410 for overtime and $1,590 for stage rental for a total of $5,000. Also attached is a copy of the event budget and site plan and verification of non-profit status. Since alcohol beverages will be sold and they will be charging admission, the site will be secured to contain alcohol consumption on site. Barricades set up can be done on regular time. We also would require that all alcoholic beverages be served in paper or plastic cups, no bottles. Per event policies and procedures there is no charge for the first $1,000 of City costs. The event sponsor will be required to pay $1,600. * Printed on Recycled Paper THE EFFORT ALWAYS MATTERS ~t. Cinco De Mayo Fiesta February 7,2005 Page #2 RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for the closure of the north end of NE I st Avenue, staff support for traffic control and security, barricade set up, signage and waiver of LDR's to allow signage installation no earlier than April 2ih. Approval to be contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance and liquor liability insurance as well as the conditions for serving alcoholic beverages and site fencing. RAB:tas File"u sweeney/event Doc Agenda Cinco de Mayo 2005 10;23/2004 13:51 FAX 5612437199 CITY M~~AGERS OFFICE ~003 ; ~...f .0;'; \ ..~[ ,I. ~:r. ~~\.,;. ~'~~_/~\'" -P4)" ~ City of Delray Beach Special Event Pennit Ap'plication -- -. f>~Y.~ !i!!If " III! 1993 2001 PLEASE TYPE OR PRINT Event NameITitle: ~; tJ ~ 0 'D e. A ~ Event Time(s): I LA f7') / () : étO fJ. f?1 . Event SponsorlProducer. 0 I cI S e ~ DoL S ~ u C( Æ e Event Contact/Coordinator: ::J);}-.f)2, 'e f? a.... V'Y) I' (e.? ýY\~- ~o ~ f!) oS' RECEIVED NOY 1 ~ 2004 AS.sI~Ü\í\ r CITY MANAGER Event Date(s): Name: :J A.. V\ ì e f!.. ~ V'Y\I'''-<' z. Addre$s: JIILI ç vv , k r:J... t1 ()-€.. . Telephone Number: .27'- '-3~qb Cellular Number: bP 1- 2-"1 '1> E-mail Address: ;3' ~ k.., ,q 92 dtfJ~~tt..ð"'" Event Description/Purpose: --1/J1-.ø ()1 eJ 0 tAJ A a ~ l Sponsor Category (please check) City 0 Non-Profit/Charitable fB""Private = Co-Sponsor - Non-ProfrUPrivate 0 (If Non..profit attach proof of 501 c(3) or (d» Event Location (Describe area boundaries of eventllocation): :-~¿ ~;;:; ~~;;;~~ee. - /10 :::>f f\?L~ -I- G Jose I:{.--K~ Site plan attached )'es V (Site plan required for enüre event site) -. --- - no Event budget attached (Required for all events) yes V Serving or selling alcoholic beverages yes /" no (If YQ$. copy of license and alcohol liability insurance required two (2) weeks prior to evenQ no 1 10/28/2004 13:51 FAX 5612437199 CITY M.~~AGERS OFFICE Il 004 ...:;;;. - - .-.- Event certificate of insurance attached yes t./"" no (Required two (2) weeks prior to event naming the City as additionsl insured, also reqUired for vendors) -- - -- --' - . .... Playing of amplified music (Waiver required) Requesting Police assistance (traffic control/secu rity) WßI supplement with private security yes (If yes, need plan attached) yes v no yes v no no ~/ Requesting Emergency Medical assistance yes yes í/ Requesting trash removalfclean up assistance yes ./ yes l/ ~ no / Requesting barricade assistance no___ 00_ Requesting trash boxes and liners no Requesting stage use yes_ (If yes1 check type) / Large stage covered ,. Large stage no cover ø Small stage 0 Half.small stage 0 Requesting signage / yes 1/ no_--- Type: e"ent sign~---1L-- Directional signs , . ~ Banner hanging Indicate dates required ~ f p, I L ~~ -,;".. (Waiver required if more than one (1) week prior to event) · no Food and beverage vendors If yes, approximate number Health Department approval yes V yes ~ yes ~ Tents yes 4/ (If yes, tent permits and fire inspections maybe needed) /' Will the event include amusement rides yes v no -.~ (If yes, type and location and copy of liability insurance required) Win the event be gated yes / no (Show on-site map) ~ no no Other vendors no no DoN' + K t\.o &cJ +-¡ fe. 0+ It..'M.l.tse m-e"'-\. ~: Je.s, ~ e..- +.' 2 10/28/2004 13:32 FAX 5612437199 CITY M~~AGERS OFFICE I4J 005 Will there be fireworks or other pyrotechnics yes (If yes, contact Fire Marshall) no V -- Will there be cooking witñ compressed gas (If yes, contact Fire Marshall) yes t/ no Will you be providing port-a-lets for the event yes no ,/ (If yes, locate on-site map. If no, indicate how you will handle restroom needs) tJ..S:5.. p~ 1: t... kS.-J-~De11rJ s Win there be a charge for the event4 ~ - yes ,/ (If yes, indicate ticket prices) no Is reserved parking requested (If yes, indicate locations) yes no .J/'" r¿ // -I r -¿><j Date vent Contractor/Coor . Please print: J'l. r1 ì ~ Please enclose the appropriate non-reÞJndable application fee payable to the City of Delray Baach, 100 N.W. 1st Avenue, Delrey Beach, Florida 33444. For Staff Use Only Data Received I Site map ( \ Budget ./ Certificate of insurance Hold Harmless agreement Security plan W siver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval_ Fire Inspector ap·proVlI Police Department approval Public Works approval Parks and Recreation approval City Commission approval L '" £.9 ~&/ Application fee received iJS' ð 0 V"'" 3 " sO .. consumer's Certificate of Ex.~ "'" I"~ fIu,."lnt to ChaP*8r 212. F\OrIdI...."* D'..NlT...t..... (,F Ilt'{E"''-~ . -.-.-.-----,------ \'--c;O-õò=22rn;:-s;c-l olí22/03 .L OII22Ioe_ L-- c.,1...... ,-,;,.,bõ'--" !ne"",,o Diie ----r,.¡¡;,..röft DOlO OR· ,.. ... 01 IQZ - --, ! 501 (C) (3) O~GAhllATICN ~ . -.aefllPllD" c.\~- ThiS e;ert,fie. U1at ...tSPANO LA'nNC'1 Cu~ TuAAíÞ AL~.ÅNce ¡Nt , , '4 SW ~T'" A"'f OELRAV Sf"'C" F\. 334.. -t±-~ ;)..0 )"l8- 00 I Ò IS l.elT'.p\ from. tnl payment of Florida sa.8$ atlC! use tax on real property rent8Ó, transient r8l',.1 property r.....ed. tang,bie ~rson.1 property p~rch.sed or rented. or .Ir/lce, purcnased. " 0("~1"~t,.,1 r'tl II 'V, "",~Jl Important 'nformatlon for Exempt Organizations · I . . J DR." R. 0' 102 " 1. 'fou ,,",Utit provòde I,II/endors and suppliers with an (xemøtion certIficate belore making tax-exampt puIC~18.& see RUle 12A·' 039 F!orida Aaministrative CQde (FAC). 2 'feur Cøn$l,JfIHIf'S Certlfical. of E"emptiott ,a to be ulled 80Ia.y..by yOllr Otga"ization lor yCll.rr oroanization's cus10mery nonpro';t activIties. :; p\lrchases f'IIaOe by an indlvld~al on beh..I of t"a organization are taQl)l8. even If the Individual wIll be reímÞlJrsed by the organizatiOn 4 Tnis exemption applies only to )ùfCl1al86 your organization makeS. T'>8 sate or IN$8 to otNtr, by 'f:Ju' organizltion of tal'lQible personal property. a!eeøing acçommodltlonS or olh.r r.a! propertY IS taxab,e. YO";' org.oizabon must regislar. and collect and remil sales end us. tax on sucl'1 tlXable transactions Note C-nurcr¡es .fa e.ampt Irom Ihls requiremef\1 .xcept wh.n thay ara tna lessor of r.al property (Fiula 12A-1 010. FAC). 5 It IS I criminal olfen.. to tr....dul.ntly pr...nt !nis certificate to avad. the payment of Nlallax. ~ no Circumstances should thIS certifiçate be used for the peraonal benalll 01 *"y Individual. Violators Will be l.abtø lor paYMent 01 the sala, tax pl~' I penalty 01200% o! the t.x and ~ay be subject 10 ccnvicllor 01 a tI',r( degree 1elon)' Any v¡olatio" will necea..,itate the ,evocat,o" c~ this certif¡çate. b It you Mave ~ue.tions regarding )'our exemptio" c.~ific.ate. please contact the Exemption U"it of Cðntral ReQlstratlon a~ 850...87.4130. Trle milling add'"s IS 5050 Weit Tennessee Street. TaJlahassee. FL. 32399wO' 00. ðnið ~ AA7" h¿sk .J2I, ~ ~ -:0 d tJ ðs' I I !H ~ ~' » en -t m :;a ( ~\H . I \ : ~L ~ I L__ r-'\ ------------------1 I I I I \--- --- ':,i; ,;' ---- - -, ~', / t~ ~I ( ~ CITY COMMISSION DOCUMENTATION: D~ H RD , CITY MANAGER THRU: ÃUl DORllN , IRECTOR OF PLANNING & ZONING ~ / FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF FEBRUARY 15, 2005 - CONSENT AGENDA APPROVE AN AGREEMENT WITH PALM BEACH COUNTY FOR THE UTiliZATION OF THE SOUTH COUNTY COURTHOUSE GARAGE ON WEEKEND EVENINGS TO: BACKGROUND AND ANALYSIS: Pursuant to City Commission direction the City has entered into a long term agreement with Palm Beach County (PBC) allowing the public to use the South County Courthouse Garage (the "Garage") on Thursday, Friday and Saturday evenings between the hours of 5:00 PM and 3:00 AM. The Garage was utilized during the last three (3) weekends of December to help alleviate some of the parking congestion through the holiday season. During the three (3) week period (excluding First Night) a total of 88 cars used the facility. The Garage was utilized in accordance with the special request provisions of the tri-party interlocal agreement between the County, Library and City. On or about January 27,2005 the County ratified an agreement for the use of the facility until the Library is opened. Attached for your review is a copy of the agreement and operational procedures which are summarized below: .:. Garage will be available to the City between the hours of 5:00 PM and 3:00 AM on Thursday, Friday and Saturday evenings; .:. The entrance to the facility shall be attended during all hours of operation; .:. The City's contractor shall pick up, sign for, and drop off the keys to the facility from the PBC courthouse security: .:. No fees will be charged for parking; .:. Trash removal and policing of the area will be completed before 7:00 AM on normal Courthouse workdays, and; .:. Any vehicle remaining in the facility after 3:00 AM on Sunday must be removed prior to 7:00 AM in order to not interfere with use by courthouse personnel. RECOMMENDED ACTION: By motion, approve the agreement with Palm Bach County for use of the South County Courthouse Garage on Thursday, Friday and Saturday evenings. Attachments: o Agreement with the County o Operational procedures %F FEB-07-2005 13:42 PBC PARKING 561 355 4644 P.02/07 LICENSE AGREEMENT THIS LICENSE AGREEMENT, made and entered into this.71iay Januarv200S, by and betWeen PALM BEACH COUNTy, a political subdivision of the State of Florida, hereinafter referred to as "County'· and the City of Delray Beach, hereinafter referred to as "Licensee". WITNESSETH: WHEREAS, County is the owner of certain real property in Palm Beach County, Florida, known as the South County Courthouse, as said property is legally described in Exhibit 'tAU attached hereto and by reference made a part hereof (the '«Property"); and WHEREAS, Licensee desires to use the COW1ty owned parking facilities at the South County Courthouse; and WHEREAS, County is willing to grant Licensee a revocable license to use said Property for the purposes hereinafter defined. NOW THEREFORE, in consideration oCthe covenants and agreements hereinafter set forth on the part of the Licensee to be observed and peñormed, the County hereby grants the Licensee a revocable license to use the Premises as hereinafter defined upon the following terms and conditions: ARTICLE I BASIC PROVISIONS SeedOD 1.01 Premises. The Premises which are Ù1e subject of this Agreement consist of the County owned parking garage at the South County Courthouse. SectioD 1.02 Length of Term and Commencement Date. The term of this Agreement shaH be ftom Thursday, January 27, 2004, until the Delray Beach Public Library opens (the "Term"), unless sooner terminated pursuant to the provisions of this Agreement. This agreement and tenn do not include special events covered under separate license agreements. ARTICLE U LICENSE FEE Section 2.01 Licease Fee. 1 zoo I'-J 3:>1.:140 Sla~vlMf AJ.Ij 88YLtt~t8g IV4 LY:IT SOO~/SZ/tO rt:J::I-~'(-¿~~~ l,j: 4,j t-'.t::IL t-'H<KINu :>b 1 ~:>:> 4b44 t-' . ~,j/~' ( Licensee shall be entitled to use the Premisës without charge. ARTICLE DI CONDUCT OF BUSINESS AND USE OF PREMISES BY LICENSEE Section 3.01 Vse of Premises and Hours or Opera lion. Licensee shall use the Premises solely and exclusively for parking for overflow parlcine: for downtown acti'Vities. Licensee shall not use, permit or suffer the use of the Premises for any other business or purpose whatsoever. The use of the Premises by Licensee shall not interfere with County's use of, access to and parking on the County's contiguous Property. Licensee hereby agrees that all parking required by Licensee, its agen~, employees, or invitees shall be accommodateq and confined to the Premises. Licensee, at its sole cost and expense» shall provide alllTaffic control and enforcement necessary to ensure that Licensee's use of the Premises does not interfere with County's use of its contiguous property and that there will be no entry or use of any County building on the Property by the Licensee=s agent, employees or invitees. Licensee shall operate the parking facility in accordance with. the Operations Plan (Attachment B). The specific hours of use s.ball be as follows: from 5:00 p.ln. each Thursday to 3:00 a.m. the following Friday; from 5:00 p.m. each Friday until 3:00 a.m. the following Saturday; from 5 :00 p.m. each Saturday until 3 :00 a.m. the following Sunday. Licensee will not charge a fee for the use of parking. Licensee acknowledges that while not a party of this Agreement, the County will only approve the License if the Licensee' s use does not interfere with, or is acceptable to the Dekay Beach Public Library. Sectioa 3.02 Licensee's Work. Licensee shall make no further improvements, alterations or additions to the Premises without the prior wrinen consent of County . Licensee agrees and acknowledges that any such work perfonned by Licensee whether pursuan~ to this Section or otherwise7 is perfonned and accomplished solely for the benefit and convenience of Licensee, and not for the benefit of County! such work being nevertheless subject to each and every provision of this Agreement. SectioD 3.03 Waste or N uåsaace. 2 too~ 3JI~~O SH3~V~ AlIJ 66TLttft9S IV~ 8t=tt SOOZ/SZ/tO FEB-07-2005 13:43 PBC PARK I NG 561 355 4644 P.04/Ø7 Licensee shall not commit or suffer to be committed any waste upon the Premises or any nuisance or other act or thing which may result in damage or depreciation of value of the Premises or which may affect County's fee interest in the Premises. Licensee shall not store or dispose any contaminants including. but not limited to) hazardous or toxic substances, chemicals or other agents, including any pen-oleum products', used or produced in Licensee's operations, on the Premises or in any manner not pennitted by law. AU refuse is to be removed from the Premises daiJy at Licensee's sole cost and expense. Licensee will keep the access to the Premises, the parking areas, driveways and other contiguous areas to the Premises free and clear of obstruction. Licensee, at its sole cost and expense, will keep the Premises free of rodents, vermin and other pests . Section 3.04 Governmental Regulations. Licensee shall, at Licensee"s sole cost and expense, secure any required permits and comply with all regulations of all county, municipal~ state, federal and other applicable governmental authorities, now in force, or which D1ay hereafter be in force, pertaining to Licensee or its use of the Premises» and shall faithfully observe in the use of the Premises all municipal and county ordinances and state and federal statutes now in force or which may hereafter be in force. Licensee shall comply with all ecological requirements to operate its business on the Premises. Licensee shall indemnify, defend and save County harmless from any and all penalties) fmes, costsJ expenses, suits, claims, or damages resulting from Licensee·s failure to perfonn its obligations specified in this Section. SectioD 3.05 NOD-DiscrimiaatioD. Licensee shall assure and certify that it will comply with the Title IV of the Civil Rights Act of 1964, as amended, and Palm Beach County Resolution No. R92-13, and shall not discriminate against any individual on the basis of their race, color, nationa1 origin, religion, ancestry, sex, age, martial status, sexual orientation or disability with respect to any activity occurring on the Premises. Se.:ÛOD 3.06 Surrender of Premises. Upon expiration or earlier termination of Licensee's license to use the Premises, Licensee, at its sole cost and expense, shall remove all of its improvements and personal property ftom the Premises and shall surrender the Premises to the County in at least the same condition the Premises were in as of the date afthis Agreement. ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES SectioD 4.01 Responsibility of County and Liceasee. 3 too (lJ 3JI~.iO se,v~ All:) 68tLCtZIS~ IVd 8t:11 gOOZ/SZII0 FEB-07-2005 13:43 PBC PARKING 561 355 4644 P.05/07 County shall not be obligated or required-.to make or conduct any maintenance or repairs whatsoever to the Premises. All portions of the Premises and all improvements erected on the Premises shall be kept in good repair and condition by Licensee. Upon expiration or earlier termination of this Agreement, Licensee shall de1iver the Premises to County in good repair and condiúon as specified herem. In the event of any damage to the Premises, County may complete the necessary repairs and Licensee shall reimburse County for all expenses incUITed by County in doing so. ARTICLE V INSURANCE AND INDEMNITY SectioD 5.01 Liability Insurance. Licensee shall, during the entire Term hereof: keep in full force and effect General LiabUity Insurance in an amount not less than ONE MILLION DOLLARS (51,000,000) per occurrence combined single limit bodily injury and property damage liability and Workers Compensation insurance covering all employees in accordance with Chapter 440 Florida Statutes. The General Liability policy shall include coverage for Premises - Operations. Contractual and Product Liability, Independent Contractors, ContractUal Liability and Broad Fonn Property Damage Liability coverages. SectioD 5.02 General Provisions. Except for Workers CompensatioDt all insurance policies shall name the Coun.ty as Additional Insured. Such insurance shall be in an insurance company licensed to do business in the State of Florida and subject to the approval of the County's Risk Management Department. A Certificate of Insurance evidencing such insurance coverage shall be provided to the County at least fifteen (15) days prior to the Commencement Date, such Certificate indicating at least thirtY (30) days prior notice of cancellation or adverse material change in coverage. In DO event shall the limits of said insurance policies be considered as limiting the liability of Licensee under this Lease. In the event that Licensee shall fail to obtain and maintain in full force and effect any insurance coverage required to be obtained by Licensee under this Agreement, County shall have the right of injunction, or County may immediately terminate this Agreement, notwithstanding any provisions herein to the contraty. Notwithstanding the foregoing, Licensee shall and does nevertheless indemnify, defend and hold County hannless from any loss or damage incurred or suffered by County from Licenseets failure to maintain such insurance. SectioD 5.03 IDdemnification or County. Licensee shall, to the extent permitted by law, indemnify, defend and save County hannless from and against any and all claims, actions, damages. liability and expense in connection with: (i) loss of life, personal injury and/or damage to or destruction of property arising from or out of any 4 soo fII ÐI~~O S}Ig!)VNVH llIj SSYLttZT9S IVd iY:YT SOOZJSZ/I0 FEB-07-2005 13:44 PBe PARKING 561 355 4644 P.06/07 occurte!1ce in, upon or at the Premises; (ii) the occupancy or use by Licensee of the Premises or any pan thereof, or (iii) any act or omission of Licensee, its agentst contractors, employees or invitees. In case County shall be made a party to any litigation commenced against Licensee or by Licensee against any third part)', then Licensee shall protect and hold COWlty harmless and pay all costs and attorney's fees incurred by County in connection with such 1.iúgation, and any appeals thereof. Nothing çontained herein shall be deemed a waiver of the City=s sovereign immunities. Section 5.04 Waiver by Licensee aDd Liceosee's Iusurers or Subrogation. In the event of loss or damage to the Premises and/or any of Licensee's improvements, the Licensee shall look solely to any insurance in its favor without making any claim against the County I and the Licensee shall obtain and deliver to the County, ftom the insurer under each policy of such insurance, an agreement whereby such insurer waives subrogation of any claim against the County for loss or damage within the scope of the insurance, and the Licensee, for itself and its insurers, waives all such insured claims against the County. ARTICLE VI UTILITIES Licensee shall be solely responsible for and promptly pay directly to the utility or other provider of such service all charges and assessments for water, gas, electricity, trash collection and removal or any other utility used or consumed on the Premises. ARTICLE vn REVOCATION OF LICENSE Section '..01 R.evocation of License. Notwithstanding anything to the cont¡&ry contained herein, the rights granted to Licensee hereunder amount only to a license to use the Premises, which license is expressly revocable by County for any reason whatsoever upon notice to Licensee. Upon Licensee's receipt of notice from County of the revocation of the license granted hereby, this Agreement shall tmninate and County shall be relieved of all further obligations hereunder accruing subsequent to the date of such termination. ARTICLE VlU MISCELLANEOUS Se~tioD 8.01 Eatire Agreement. This Agreement and any Exhibits attached hereto and foming a part thereof as if fully set forth 5 900 (J 3JI.:I~O SIæ>VNYH UI:> 86YLtt~t9S IVd 8Y:l1 çoo~/g~/to FEB-07-2Ø05 13:44 PBC PARKING 561 355 4644 P. Ø7 /07 herein, constitute all agreements, conditions and understandings between County and Licensee concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Agreement. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Agreement shall be binding upon County or Licensee unless reduced to writing and signed by them. Section 8.02 Notices. Any consents, approvals and permissions by the County shall be effective arid valid only if in 'Writing and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail return.. receipt requeste~ addressed: (a) If to the County at: Access Manager Electronic Services and Security Division 3323 Belvedere Road, Bldg. 503 West Palm Beac~ FL 33406·1548 With a copy to: (b) If to the Licensee at: City of Delray Beach Robert A. Barcinski Assistant City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 (c) I(to the Library at: Executive Director Delray Beach Public Library 29 SE Fourth Ave Delray Beach., FL 33483 Section 8.03 Recording. Licensee shall not record this Agreement:. or any memorandum or short form thereof.. without the written consent and joinder of County. Section 8.04 Waiver of Jury Trial. The parties heretO waive trial by jury in cormection with proceedings or counterolaims brought by either of the parties hereto against the other, in connection with this Agreement. Section 8.05 Goveraiag Law and V cOile. 6 TOTAL P. Ø7 FEB-07-2005 14:36 PBC PARKING 561 355 4644 P.02 This Agreement shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in Palm Beach County. Se4:QOD 8.06 Time orEssenee. Tune is of the essence wiÙ1 respect to the performance of every provision of this Agreement in which time of performance is a factor. IN WITNESS WHEREOF, COWlty and Licensee have executed this Agreement, or have caused the same to be executed as of the day and year flrSt above written. WITNESS: LICENSEE: CITY OF DELRA Y BEACH 100 N.W. ¡Jt Avenue Delray Beach, Florida 33444 By: 1?~A~~~ .~Æ lþ/os- Robert A. Barcinski., Assistant City Manager (Seal) WItNESS: 40:~~ PALM BEACH COUNTY, FLORIDA, a POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY:~^-~ Robert Weisman, County Administrator ~#-i '-~../ ~ , APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY:~ sis wny Attorney APPROVED AT TO TERMS ::C~~:~Ð~ Au y Walt, Dire tor Facilities Development & Operations 7 onn Fi!I ~~T~~O ~~gV~ X1I~ 66tLctZt9g YVA OZ:IT 900Z/SI/to ; ~ Dr II I: ;r a -. . fD VI ~ p¡. e: £IQ Dr ~ -- eN er- R" =- _. J:I ~ if ~ , , - r . !I - . - þ < fill ! III ~ . . L 1 , >Iit . M f7f7qþ <:;<:;> 1: gc; EXHIBIT" A" ..I . ~ · ~... a.. STREET 1 -- - - . . ~ . I'" :.. ~ . A....&...£ till · ~X't',,", i~~ þ ~~ 2g ~ ~ Q ~ ~~ '" ~ ... ~I -) ) ~ ~ -. ~ -.: .... .., STREET XX~ ~X, ~ '" ~.', ~ ~ Ir ~ ..~~E . ÞG ~ =;I'~~' i A · i ~ ..~ ~~ «~ "Ø ,~ - ~ ....~...:.~ ~ · â ~ ,,' 1"1\: LY t.. l1li.." S .g ,~ I~~ I.'~~ '!iO'''~ ~~I¡'~ B. ~ ~ ~ ~~ ~. :\~ . w£i11 A i\..AMTC & VEMIE . 8NI>lèlt1d J8d ¡,-.. '" 'il =r-¡ -cIS. , r L . jI ~ - .. þ .c III z c: II' . t I I i ! l I r ¿£:v1 SØØë-¿Ø-83~ FEB-07-2005 14:37 PBC PARKING 561 355 4644 P.04 COURTHOUSE GARAGE OPERATIONS PLAN GENERAL The Courthouse C,arage wiU be used only to provide public parking for patrons of the City's Downtown businesses. The use of the garage by any valet operator or other for-profit parking operation is prohibited under this agreement. No parking fee wiH be collected. KEYS 1. Keys will be kept at the Courthouse Security DeSK. 2. Keys must be signed in and out in the Key Log. 3. Keys must be returned to the Courthouse Sêcurity Desk immediatcly after closing the facility. 4_ The City will provide a list of all persons authori7..ed to obtain the keys to the garage. Keys will issued only to persons on this list. OPENING' CLOSING: 1. Facility will be opened by a security company contracted to and paid by the City. .:- Obtain keys and County radio ftom the Courthouse Security Desk and sign log. .:. Open 2nd A venue entrance only at 5:00 PM. + Open all stairwell access doors, ground level doors adjacent to handicapped spaces and exterior white gate to allow access. 2. Facility will be closed by the contracted security company. .:. Close garage (Secure all doors) at 3:00 AM or when last car CXÍtS. In no case should garage close before 11:00 PM nor remain open after 3:00 AM . -:- Return keys and radio to Courthouse Security Desk and sign log. MAINTENANCE: t. Trash removal and policing wiD be done by Parks and Recreation personnel. Must be completed before 7;00 AM on normal Courthouse workdays. (. Pick up keys at Courthouse Security Desk and sign log. .:. Empty trash receptacles and poJice parking garage and outer perimeter. .:. Secure fàcility and return keys to Courthouse Security Desk and sign log. SIGNS: (Pam.1[ I Directional I Ooe.in21 CIo.iD2 times 1. Streets Department must pJace signs out on Thursday afternoon. 2. Signs must be picked up early on Monday morning (first thing) before 7:00 AM. 3. Flip sign on Atlantic Avenue must be opened and closed accordingly. Attachment B - Page] of2 FEB-07-2005 14:37 PBe PARKING 561 355 4644 P.Ø5 SECURITY: 1. Securit y will open and close the facility pursuant to the instructions outlined above. 2. Sccurity win man the entrance to the tåcility dming all hours of operation. 3. If the Security Officer has to leave the facility, helshe will post the appropriate sign and secure the facility until he/she returns. 4. Secwity will keep a daily COWlt of vehicles and forward 10 the city as requested. 5. Any vehicle remaining in the garage after closing at 3:00 AM on Sunday must be remo\'ed prior to 7:00 AM on Monday. The City may choose to have the vehicle lOwed or to have the De1ray Beach Police Dept. attempt to locate the owner. . 6. The Police Dept. may obtain the keys from the Courthouse Security Desk to allow the removal ofa vehicle fTom the garage. Courthouse Sccurity staff cannot be asked to leave the Courthouse lO open the garage for someone to remove a vehicle. MESSAGE BOARD: 1. Police Department will be responsible for setting up the message board on West Atlantic A venue to indicate Courthouse Garage Opeø to Public 5:00 PM to 2:00 AM, TIr ursdays-SatlUdays Attachment B - Page 2 of2 - t:.J::::I-Ið· (- ¿lðlð::> 14 ; ":¡Ö t"'tsL. t"'HKt<..lNlJ ;:)O.L ,J~;:) '+0'+'+ ï.~O . STATE NATIONAL INSURANCE co. -. CERTIFICATE OF INSURANCE DATE ISSUED: 12114104 PRODUCER This cet1Iftœtø is Jaued _ 8 mati.. of ïnrarrnellon only and confers no rights upon Arthur J. Gallagher & Co the certificate hotder. TJda certific.afe DOES NOT amend, œdBnd or alter the cøvarage 2255 Glades Road sIrordecl by the paIIcI_ batow. Suite 400 E. Soc:a Raton, FL 33431 COMPANIIiSAFFOROING COVERAGE COMPANY (A) STATE ~TIONAL INSURANCE COMPANY INSURED COMPANY CB) City øf Delray Be8dI 100 Notf\west 1- Ave. COMPANY (c1 Oelray Beach. A. 33444 CONPAHY (D) ~;,~:..:('~.~ \'''':':''4l';¡;'';:~.. ~~"'õf.~U~j:;P Io~_-..'"'--''''. . . ~1j':'~:U ~'~;~~A~ .., ,.,,:.~". .. :. tI'.~-~!..'\o~;f;.~.M}';L.--œ¡ø¡;¿..i.1..~~~·~ COVERAGES This G IIa canlfy that the pdldes or InsunInœ lilted b8Iaw have been Issued ., the Insllted named above for the poficy portod indicated, noWlhst8ndlng any t'8QCJ1I'8m8nt. tIm1 or candIiGn of any cantr.ld or aIw dOCUment WIh ~ to \WNCh IhJ& œtlltlcatl!li may be Issued or rTI3Y pertain. U1e INSurance af:b'ded by Ihø paldas desaIIed ~ Is $Ubject Ia althe œrms. eø:du8icns and œndtllGrls of sUd1 policies. limns shawn may hew been redUCICI by paid dàms. 1~~~;'!':'4~"':-" :~~'"-... ~'~040'1,' "'~~""'~""""'!:~.~~II.....t:~;".'t4;'..~~: :'--~~.ro!."~ ·"f;'_·.:I~ "~;~'':' ::;,~:.:n;' . ' - s;. '.", " . ·~:~~·:i!r".:t:rt ~-··~:r)·,ï;.~·"'~:t·.:tiO'!~~~~ co 1"tP£ ðF ItISUfWlCE PCJlJC't NIAIIÆR POUC't~ PDU:'tDMATION lIMITS UR ~- 1)1\""" GENERI\L LlABlJTT .. II:J C~~UAðlurY I4Þ8 ~4 S5 1CW'nM 1M1. Øl5l&AALA~TE ~ I!IB.OW C ClAIMS MAœ aI ocam. ~~AGG D ØWN&R'S&~RSPAaT 6IGH 0CQJRRIiN:E fIRE cw.uGe þIIr ana 1ft, lED. EJfIØISIi ÞW'r - pMGft) At.JTOIImelUE LNIU1Y A . ...., AUTO WDa0lZl4 t5 t DID'''DC UWtlt~ COMIIINf!D SIHGLe LtþtØ' ~ ~ AU. awNED AUTOS IlaDlLY 1NJtJAY't-.... a SCHEDUlEDAUTDS 800ILY JIJURY (..._J g IoMIiDAU1'O! PMfI!R1Y GUUGti C NCJN.ðNN&D AUTOS a ~ UdLII"r exce;.s U-'8fUTY A. a UWlAELLA FO~ ØCI4 ocaIRAØa ",øaoJ1OD. III O~ 'ÐWI UUBAELLA ~ðIIU J.tD8 .141!i tCOUM 1Q01A)6 1GGru:~'Œ. sz.oao.oœ. W~·CO~PØliATIDN ....1IZ214 M 1Q11OUOI ~ sr"\'NTOAY'I.Mf'S ~ AND .....OVY&" u.IIIU1T Þot IoCCDiJIT ~ fIIOI.lŒ"NT øEAIE'-EACH ~ XXXX - POUCY stJBJec'r TO A S5tJ0.txIO þf!!t OCCUNIICII SiR .... ----~-.....--~ DESCRIPTION OF OPeRATJONSILOCATIONSNEHICLESISPECIAL fTEMS - AI apB8IIans U&tØ 11);1 normal City Gcwemmenc Includ(ng Pam Beach County as resøeds generaf public CNeIÞ ~ It C'œnly Caurthøus8 partdng ganJge on ThuIsday3. Frfdaya & SalUrdays tram .5;00 10 3~OO am. AI other teIn1sand CDIICftons of f/1dlaIl'8møln &.h:han;.d. ..-..-. ~_I ~. - - CERTlRCATE HOLDER .. - ~ Beach County Shauld q of the 41'" ~ paIdes be Clncr:Bed Þefaæ ~ expiration da1e tIMnoI. the ÏSIIUII\O CDmpIft)I~' neawr Ita mall JI cÞIys written nota: to 505 B8nyan 8DuteveId the c:eItIfc::aIIa I1aIdar fIiIm8d fa Ihe left. but fatluæ Þ mal sudI ftOIÌC8 Sftal1lmpasa WestP81m Sea~. A.. 33401 no obIiplon or ~ øf any fEInd upcn the company. Its 8QGnk or AtIMtlOt\~ Card EasIøtIng ~. --~L ~ h/£l - - /' Sandfa M. ~ Meadowbrook /nsu.rance Group - t:.t:S-~. (- ¿~~~ 14; ~j t""tll. t""Ht(t<...iNU ~o~ ~JJ ~~~ r.~( EI" IF DELAA'" IEAEH DElRAY BEACH ~ AlI-AnølcaCily , III I! 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·561/243..7000 1993 December 17, 2004 2001 Ms. Carol Easterling Electronic Services and Security Division 3323 Belvedere Road, Bldg. 503 West Palm Beach, FL. 33406-1548 Dear Ms. Easterling: The following shall serve as the City of Delray Beach's formal request to utilize the County Courthouse Garage on Thursday) Friday and Saturday evenings. As outlined in Audrey Wolfs e-mail ofDecember7.2004.this request would allow our utilization of the facility until the opening of the Library (estimated June or July) at which time we would renegotiate the agreement if necessary. Attached please find the required insurance certificate and an outline of our operational plan. Currently no fees shall be charged for parking with the possible exception of special events (Tennis Tournaments, Delray Affair, etc.) Please direct aU correspondence to Scott Aronson at 561-243-7286 as he will be coordinating operations of the facility. Sincerely, M7. David T. Harden City Manager DTH/SAlgb Attached: Insurance Certificate Operational plan cc: Robert A. Barcinski, Assistant City Manager Scott Aronson, Parking Specialist 8 Pt1rIÞØ Oft ItttcJcIed ÞfIPO' THE EFFORT ALWAYS MATTERS FEB-07-2Ø0S 14:38 PBC PARKING 561 .3~5 4644 P.0S v ;ðdr~ E~¡" Pu ic .Li .' çCr 7 - 2004 t~t ~ ry MANAGEr~ , -- ~ -- rary ~ Mr. David T. Harden City Manager 100NW 1st Avenue Delray Beach, FL 33444 AR.. IO~Þ-DV f~¥¿L ~~ October 6, 2004 Dear David: In response to your request of September 30, 2004 the Library concurs with your understanding of the Tn-Partite Agreement that the ten (10) day limit for use of 137 spaces refers only to the surface lot spaces. As regards the necessity of prior approval by the Library of special event usage, it was the intent of the Agreement to ensure that there was no conflict with scheduled Library usage. Since the Library is not expected to open until October 2005 we ~ave no problem issuing a blanket approval of the City's usage until the Library opens. Once the Libråry opens we would expect to revert to the process identified in the Agreement. The Library Board has noted that the Agreement allows the collection of parking fees for special events if the proceeds benefit either the County, City or the Library. It is my understanding that County policy will not allow those parking proceeds to be shared by any other groups. The Library Board sees collection ()f specÍal event parking fees as a potential revenue source. Although th~ Library is ,not cunently able to provide staffing for collection of fees and security, we hope to ëxpiòre that possibility in the future. If you feel an additional blanket approval letter is needed, please let me know. RECEIVED n r: T 12.200~ Library Director ¡:'.';::.Jv~~·,.... I CITY MANAGER cc: Audrey Wolf Robert A. Barcinski Karen Evanson 29 5outhea6t Fourth Avenue · Dekay Beac;h Florida 33483 · (561) 266-0194 Fax (561) 266-9157 TOTAL P.0S CITY COMMISSION DOCUMENTATION: TO: ~%l~~l~E~!TY MANAGER THRU: PðUL DO~ìNG:- ~ECTOR OF PLANNING & ZONING FROM: Ac~ A~ PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF FEBRUARY 15, 2005 - CONSENT AGENDA APPROVE A CONTRACT BETWEEN THE CITY AND PARKING PROS TO OPERATE THE SOUTH COUNTY COURTHOUSE GARAGE ON WEEKENDS BACKGROUND AND ANALYSIS: Pursuant to City Commission direction the Palm Beach County (PBC) South County Courthouse Garage (the "Garage") was utilized, starting December 11, 2005, on weekends through December (Thursdays, Fridays and Saturdays) to help alleviate some of the downtown parking congestion through the holiday season. This request was accommodated weekly in accordance with the special request provisions of the tri-partite interlocal agreement between the County, Library and City. One of the conditions of the agreement is that the entrance of the facility will be staffed during all hours of operation. Showpros USA, d/b/a Parking Pros, Inc., an affiliate of Accurate Security, has been contracted to oversee the parking operations for Tennis Center and other City sponsored events for the last year. Given their history, Parking Pros has been staffing the facility during the holiday season. Effective January 27, 2005 the City has entered into an agreement with PBC allowing utilization of the Garage for parking by the general public on Thursday, Friday and Saturday evenings between the hours of 5:00 PM and 3:00 AM until construction of the library is completed and the library opens. The 3:00 AM closing time was established to accommodate employees and customers of restaurants and bars in the downtown area which may not retrieve their cars until after the 2:00 AM closing time. The Operational Procedures require the facility to be opened no later than 3:00 AM and closed no earlier than 11 :00 PM if there are no longer any cars parked in the garage. Based on these hours of operation, costs associated to staff the facility from February 10 through September 30, 2005 are estimated to be as follows: Hours per Cost Per Per Total Thru Week Hour Week Sept. '05 30 $16.50 $495.00 $16,830.00 01< rP1 II ~G City Commission Staff Report Meeting of February 15, 2005 - Consent Agenda Parking Pros Contract Page 2 The $16,830.00 is estimated as a worse case scenario with respect to operating hours. It is anticipated that the garage will rarely stay open until 3:00 AM which should reduce the associated staffing costs. Additionally, there is an outstanding balance of $1,866.57 for services rendered from December 11, 2004 to date (excludes First Night and the recent Tennis Tournament). Staffing the Garage was not anticipated during budget preparations for fiscal year 2004/2005. Therefore an account has not yet been established. Upon approval, account # 001.31.51.545.34.90 will be established and a budget transfer in the amount of $18,000.00 will be made (funding source to be determined). Although the estimated total and current balance due totals $18,696.57 the transfer of funds has been rounded down to account for utilization of the garage for special events which are paid from different funding sources. RECOMMENDED ACTION: By motion, approve the contract with Parking Pros at a rate of $16.50 per hour to staff the garage pursuant to attached agreement. Attachment: o Proposed Management Agreement PARKING GARAGE AGREEMENT THIS AGREEMENT is made this _ day of , 2005 by and between the CITY OF DELRAY BEACH, FLORIDA ("City") and SHOW PROS D/B/A PARKING PROS ("Contractor"). WIT N E SSE T H: WHEREAS, Palm Beach County has granted the City a license by separate agreement to use the South County Courthouse Parking Garage; and WHEREAS, the City seeks to have an independent entity implement its parking requirements under the City's license agreement from Palm Beach County by operating a garage for the City's overflow parking purposes for the period specified in this Agreement; and WHEREAS, Contractor agrees to provide an employee to the City for the purposes of operating the Parking Garage on Thursday, Friday and Saturday nights as provided by the License Agreement between the City and Palm Beach County and as more specifically stated herein. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Term. The term of this Agreement shall be for a period of one (1) year beginning February 7, 2005 through February 6, 2006, or until the City's license agreement with Palm Beach County is terminated, whichever comes first. 3. Contractor's Responsibilities. a. Contractor shall provide one (1) employee to perform all of Contractor's responsibilities and duties as provided in this Agreement. These responsibilities include but are not limited to: 1. Open and close the parking garage during all hours of operation. 2. Man the entrance to the parking garage during all hours of operation (5:00 pm. through 3:00 a.m. Thursdays, Fridays and Saturdays). 3. Post the appropriate signs and secure the facility in Contractor's/Employee's absence during hours of operation. 4. Keep a daily count of vehicles and forward the count to the City. 5. Contact Scott Aronson, Parking Management Specialist, on Sundays between 12:00 and 3:00 p.m. in order to arrange for the removal of any vehicles remaining in the garage. 6. Obtain keys and a County radio from the Courthouse Security Desk daily and sign log when keys are picked up. 7. Open the 2nd Avenue entrance only at 5:00 p.m. 2 8. Open all stairwell access doors, ground level doors adjacent to handicapped spaces and exterior white gate to allow access. g'. Close garage by securing all doors nightly at 3:00 a.m. or when the last car exits. In no case should garage close before 11 :00 p.m. nor remain open after 3:00 a.m. 10. Return keys and radio to the Courthouse Security Desk and sign log each night after garage has been closed. b. Contractor's employees shall wear a photo ID badge including employee's name and company identification and wear a uniform or shirt identifying company. Contractor's employees shall also be fingerprinted and have background checks performed by Palm Beach County in accordance with the County's Criminal History Records Check Ordinance. 4. Use of Facilities. The parking facilities shall be available for use by the public from 5:00 p.m. through 3:00 a.m. Thursdays through Saturdays at no charge unless otherwise designated. Contractor shall not reserve or otherwise utilize any spaces for reasons other than use by the public without prior written consent from the City Manager or his/her designee so long as those reasons are consistent with the terms of the license agreement from Palm Beach County. 5. Improvements. Contractor shall not construct or place any temporary signage or traffic control devices on the subject property without the prior written consent of the City. Improvements to the property are prohibited. 3 6. City's Responsibilities. a. The City shall pay Contractor the amount of $16.50 per hour for each hour that Contractor's employee is present on the premises during the hours of operation from 5:00 p.m. through 3:00 a.m. Thursdays, Fridays and Saturdays except on those occasions in which there are special events. For special events, all rules and regulations as provided in this Agreement shall still apply to Contractor; however, billing for special events may be addressed by a separate agreement. b. City agrees to pay Contractor "Holiday Pay" for the following mutually agreeable holidays: 1. Presidents' Day. 2. Independence Day. 3. Veteran's Day. 4. Thanksgiving. 5. Christmas Eve. 6. Christmas Day. 7. New Year's Eve. 8. New Year's Day. Holiday pay shall be paid by the City to Contractor at the rate of time and a half. c. The City agrees to remit payment to Contractor within thirty (30) days of the City's receipt of invoice by Contractor. d. The City shall remit payment to: Show Pros d/b/a Parking Pros, P.O. Box 220680, Hollywood, Florida 33022. 4 7. Termination of Aareement. Both parties may terminate this Agreement upon thirty (30) days written notice by certified letter; however, the City may terminate this Agreement at any time by written notice if the Delray Beach Public Library and/or Palm Beach County direct the City to stop using the parking garage. 8. Indemnification. The Contractor shall indemnify and hold harmless the City and Palm Beach County, its officers, agents and employees from all suits, actions, claims and liability arising out of the Contractor's acts and omissions arising from the Contractor's activities upon the subject property. Nothing contained herein shall be deemed a waiver of the City's or County's sovereign immunities. 9. Insurance. Contractor shall, during the term of this Agreement, keep in full force and effect General Liability Insurance, Workers Compensation Insurance, Garage Keepers Legal Liability Insurance and Automobile Liability Insurance in the amounts provided in Exhibit "A" to this Agreement. Contractor shall name the City of Delray Beach and Palm Beach County as additional insureds on the policy. 10. Non-Discrimination. Contractor shall assure and certify that it will comply with the Title IV of the Civil Rights Act of 1964, as amended, and Palm Beach County Resolution No. R92-13, and shall not discriminate against any individual on the basis of their race, color, national origin, ancestry, sex, age, marital status, sexual orientation or disability with respect to any activity occurring on the premises. 11. Independent Contractor. This Agreement does not create an employer/employee relationship between the parties or between the City or Palm Beach County and the person employed by Contractor to perform the services required 5 by this Agreement. Contractor or its employees are not entitled to any benefits paid to City or Palm Beach County employees. It is the intent of the parties that under this Agreement, that the Contractor and its employee and/or agent is not to be considered an employee of the City or Palm Beach County for any and all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance Law. The Contractor is required to comply with all the above laws and provide such entitlements to its employees/agents as required by law. Contractor shall be responsible for all taxes of any kind. An IRS W-2 form will not be provided. The City will provide an IRS Form 1099 required by law. Contractor and its employees understand that no Federal Income Tax will be withheld by the City. 12. Bondina. Contractor's employees and/or agents shall be bonded in the amount of One Hundred Thousand Dollars ($100,000). A certificate evidencing proof of bonding must be provided to the City by Contractor at time of execution of this Agreement. 13. Drua Free Workplace. The Contractor agrees to comply with Florida Statute Section 287.087 which gives preference to businesses with drug-free workplace programs. 14. Entire Aareement. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and 6 agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 15. Assianment or Transfer. This Agreement may not be assigned or transferred by the Contractor, in whole or part without the written consent of the City. 16. Applicable Law. This Agreement shall be governed by and construed in accordance with the law of the State of Florida. 17. Notices. All notices shall be effective when mailed to the following addresses: Contractor Address: Gary Kramer, President Show Pros d/b/a Parking Pros 1238 Polk Street Hollywood, Florida 33019 City Address: David T. Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this _ day of ,2005. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk David T. Harden City Manager Approved as to Form: City Attorney 7 02/08/2005 04:27 FAX 8548288845 WITNESSES: KRAMER 1tI003/010 SHOW PROS d/b/a PARKING PROS By: c2(btq ~ cíJ~ Kmfner. President Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument . 2005. by title of officer or agent) of acknowledging), a behalf of the corporation. was acknowledged before me this _ day of (name of officer or agent, (name of corporation (state or place of incorporation) corporation, on He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. ~~,: Signature of Notary Public - State of Florida ¡ EXHIBIT "A" INSURANCE REQUIREMENTS FORM 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000/$500,000/$100,000. 2. General Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Legal Liability Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and Palm Beach County must be named as additional insureds on the liability policies; and they must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B+, VIII or better, latest edition. CITY 'COMMIS'SION DOCUMENTATIoN DI\ zW) II If TO: FROM: DA~T. HAR~'::2'f MANAGER PAG~LlN~DT~~OR OF PLANNING AND ZONING SCOTT D. PAPE, SENIOR PLANNE~~ MEETING OF FEBRUARY 15, 2005 ***CONSENT AGENDA*** AUTHORIZATION TO PROCEED WITH THE RENEWAL OF THE ANNUAL SEA TURTLE MONITORING TASK WITH DR. JOHN FLETEMEYER FOR 2005 AND 2006 TURTLE SEASON. THRU: SUBJECT: BACKGROUND In June, 1994 the City Commission approved an amendment to the letter agreement with Dr. John Fletemeyer for the sea turtle conservation project. The agreement was for four years at an annual cost of $9,844.20. On March 4, 1997 this agreement was amended to include an additional six weeks of monitoring as required by Florida Department of Environmental Protection. This amendment extended the current turtle monitoring contract through October of 2000 at an annual cost of $13,444.20. Monitoring commences each year from March 1st and continues until the end of the sea turtle hatching season (October 31st). A request was received and approved by the City Commission on February 25, 2000 for a contract extension at no increase in costs. The extension permitted some long range planning and the continuation of the program at its current level of commitment until the end of the year 2004. Additional monitoring requirements were imposed as a result of the City's 4th Beach Renourishment project, completed in March of 2002. These requirements include the establishment and monitoring of control areas both north and south of the renourishment area (involves areas outside the city limits) and analysis of nests for hatchling success. These additional tasks are required immediately following the renourishment project (2002), and for two subsequent seasons (2003 and 2004). This task requirement has been completed and the City's commitment fulfilled. In order to maintain a continuous database on the turtle nesting characteristics, it is requested that the sea turtle monitoring program be renewed for the next two turtle nesting season. The City has received a proposal from Dr. John Fletemeyer (attached) to conduct the monitoring for the 2005 season in the amount of $14,800 and for the 2006 season in the amount of $16,300. These values represent the total designated for this task in the Capital Improvement Program. Staff is currently working with the Army Corp of Engineers in securing replacement of sand lost this last season to the multiple hurricanes. The cost of this sand replacement will be covered (1000/0) by the Federal Government. With the placement of this sand, the ~\-\ Department of Environmental Protection original permit requirements relating to enhanced Turtle Monitoring and Beach Tilling will apply. When this sand is placed on the beach we will return to the City Commission to modify this agreement to reflect the cost of the expanded scope of services. If the task is conducted as part of the permit requirements partial reimbursement (78%) by the Federal and State government is available. If the task is not in conjunction with the placement of additional sand it will be outside the required monitoring activities of the City's renourishment project and only Federal participation (56.33%) would be anticipated. Funds for this task are available in account #332-4164-572-34.90 RECOMMENDATION Recommend authorization of the sea turtle monitoring activity for the 2005 season not to exceed $14,800 and for the 2006 season not to exceed $16,300. Attachment: Extension request from Dr. John Fletemyer } September 27,2004 Mr. Paul Dorling Director / Planning and Zoning Dept. 100 NW I st Ave Delray Beach, Fl. 33444 Dear Paul, Please find enclosed the interim report for August. Sometime early next month, I'll be working on the 2004 final report. Regarding this year, it has been dreadful-the worst ever! However, it would be irresponsible to attribute this to some human disturbance because turtle nesting even on totally natural beaches with no human development has been known to experience similar precipitous drops. Regarding my request to renew my contact for 2005 and 2006, please allow this letter to represent a formal request for a two year contract renewal. Here are the costs that I'm requesting. Sea Turtle Monitoring Delray Beach 2005 $ 14,800.00 Sea Turtle Monitoring Delray Beach 2006 $ 16,300.00 Sincerely, r.~- -(1j~ j tt=-~ - Dr. JO~~ Fletemeyer (J Enclosure - , ~ ~ / 1-~" ~ .--, ~ F fl 1 0 2004 , "" D~ ~ [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW ht AVE~UE· DELRAY BEACH. FLORIDA 33444 TELEPH01\E. 561/2-+:1- ì()l)O . F.A.CSIMILE: 561/278-4755 DElRA Y BEACH ~AII' An '.' C" .ty' DATE: - merlca I , , III!TO: 1993 FROM: 2001 MEMORANDUM February 7, 2005 City Commission David Harden, City Manager Susan A. Ruby, City Attorney SUBJECT: 2002 Palm Beach County Recreation I Cultural Facilities Bond - Intracoastal Waterway Park Interlocal Aareement The Interlocal Agreement provides that Palm Beach County will reimburse the City of Delray Beach up to $1,000,000.00 in the development of the Intracostal Park Project with County bond funds and County capital project funding. The Park shall be open to and benefit all the residents of Palm Beach County. The City must expend $1,152,240.00 before the County reimburses the City an amount not exceeding $1,000,000.00. The Intracoastal Park will involve the construction of two boat ramps, 13 parking spaces and 19 boat trailer parking places and a 411 square foot restroom facility. Other amenities will include a drinking fountain, benches and a bicycle rack. Part of the Park will remain undisturbed in native mangrove trees, and exotic trees will be removed. The City agrees to totally complete the Park no later than thirty-six (36) months after execution of the contract by all parties. The City agrees to maintain the Park, through March 8, 2030 (length of FIND lease) and must indicate in a Marker, the County's contribution. The Agreement requires contractors to maintain insurance, as required by the County, and to provide for a certificate of self-insurance on the part of the City. If you have any questions, do not hesitate to call me or Joe Weldon. PI~iS Agreement on the February 15, 1005 agenda. S~ Attachment Cc: Chevelle Nubin, City Clerk Joe Weldon, Director of Parks and Recreation Frank Babin, Risk Manager Dennis Eshleman, Director, Parks and Recreation, Palm Beach County Susan Yinger, Contract/Grant Coordinator, Palm Beach County ~:c Department of Parks and Recreation 2700 6th Avenue South Lake Worth. FL 33461 (561) 966-6600 FAX: (561) 963-6747 www pbcgov.com . Palm Beach County Board of County Commissioners Tony Masllottl. Chairman Addie L. Greene. VIce Chairperson Karen T. Marcus Jeff Koons Warren H Newell Mary McCarty Burt Aaronson County Administrator Robert Weisman "An Equal Opportunity AffirmatIve Action Employer" @ printed on recycled paper January 26, 2004 Mrs. Susan Ruby, City Attorney City of Delray Beach 200 N.W. First Avenue Delray Beach, FL 33444 RE: 2002 Recreation and Cultural Facilities Bond - Intracoastal Waterway Park Development Dear Ms. Ruby: Attached for execution on behalf of the City of Delray Beach are two originals of an Interlocal Agreement for funding in an amount up to $1,000,000 to assist with costs for development of Delray I ntracoastal Park. This funding is being provided from the 2002 Recreation and Cultural Facilities Bond Issue. Please have the Agreement executed and return both originals, accompanied by all required insurance certification, to this office. We will then place the Agreement on the Agenda for approval by the Board of County Commissioners. Feel free to contact Susan Yinger, Administrative Support Manager, at 966- 6653 if you have any questions on the Agreement. On behalf of Commissioner Mary McCarty and the Board of County Commissioners, we look forward to assisting the City of Delray Beach with the development of Delray Intracoastal Park. ~~ Dennis L. Eshleman, Director Parks and Recreation Department DLE:SWY Attachments - Two Originals of Bond Agreement for Execution Copy to: Commissioner Mary McCarty, District 4 Joe Weldon, Director of Parks- and Recreation, Delray Beach RECEIVED JAM 3 1 2005 t'¡~1"\1 f<'TTAQ,;JE'( ".';! I 1 M~ \ ~~) i " INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR FUNDING OF DELRAY INTRACOASTAL PARK THIS INTERLOCAL AGREEMENT is made and entered into on , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the City of Delray Beach, a Florida municipal corporation, hereinafter referred to as MUNICIPALITY". WIT N E SSE T H: WHEREAS, MUNICIPALITY leases and owns property, located on South Federal Highway south of Knowles Park in Delray Beach, known as the Delray Intracoastal Park as described in the Exhibits to this Agreement; and WHEREAS, MUNICIPALITY desires to construct Delray Intracoastal Park, hereinafter referred to as "the Project" at said location; and WHEREAS, MUNICIPALITY has asked COUNTY to financially participate in the construction of said project; and WHEREAS, on November 5, 2002, a bond referendum was passed by the voters of Palm Beach County for the issuance of general obligation bonds for the purpose of financing the acquisition, construction, and/or improvements to certain recreation and cultural facilities, in the principal amount of $50 Million ("the $50 Million Recreation and Cultural Facilities Bond"); and WHEREAS, the COUNTY has approved a recreation and cultural facilities project list and proposed funding allocations for the $ 50 Million Recreation and Cultural Facilities Bond; and WHEREAS, the Project represents one such recreation/cultural project; and WHEREAS, in addition to Bond funding, County capital project funding has also been identified to assist with this project; and WHEREAS, MUNICIPALITY desires to operate and maintain the Project upon its completion; and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into 1 Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, both parties desire to increase the recreational and cultural opportunities for residents of Palm Beach County and to enter into this Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational and cultural opportunities for use by the public and thereby provide a mechanism for the COUNTY to assist MUNICIPALITY in the funding of the Project. Section 1.03 COUNTY will pay to MUNICIPALITY a total amount not to exceed $1,000,000 for the design and construction of the Project a s more fully described i n the Project Description, Conceptual Site Plan, and Cost Estimate attached hereto and made a part hereof as Exhibit "A". MUNICIPALITY recognizes that the County's funding of the Project is being paid from the proceeds of tax-exempt bonds issued by the County and County capital project funding. MUNICIPALITY agrees to provide the County with a certification, in a form acceptable to the County, from MUNICIPALITY's chief financial officer or independent accountant that each cost item for which County funding is requested under Article 3 of this Agreement constitutes a capital expenditure. In that regard, an item is considered a capital expenditure where the item has a useful life and benefit beyond one year or extends the Project's use beyond one year. Section 1.04 MUNICIPALITY agrees to provide funding in an amount of $1,152,240 or greater to complete the Project. The parties agree that the COUNTY shall provide its portion of the funding only after MUNICIPALITY has expended $1,152,240. Section 1.05 COUNTY's representative during the design and construction of the Project shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561) 966-6685. MUNICIPALITY's representative during the design and construction of the Project shall be Joe Weldon, Director of Parks and Recreation, Delray Beach, 561-243-7000. Section 1.06 MUNICIPALITY shall design and construct the Project upon property leased by MUNICIPALITY as more fully described in Exhibit "B" attached hereto and made a part hereof. 2 Section1.07 MUNICIPALITY shall utilize its procurement process for all design and construction services required for the Project. Said procurement process shall be consistent with all federal, state and local laws, rules and regulations. COUNTY shall have no contractual obligation to any person retained by MUNICIPALITY with regard to the Project. Any dispute, claim, or liability that may arise as a result of MUNICIPALITY's procurement is solely the responsibility of MUNICIPALITY and MUNICIPALITY hereby holds the COUNTY harmless for same to the extent permitted by law and subject to the limitations of Section 768.28, Florida Statutes. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 MUNICIPALITY shall be responsible for the design and construction of the Project. MUNICIPALITY shall design and construct the Project in accordance with Exhibit "A", attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto, MUNICIPALITY shall initiate its procurement process to select the necessary professional engineer and/or architect to perform all engineering and/or architectural design work, including, but not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. Section 2.03 MUNICIPALITY shall provide a copy of the engineer's and/or architect's programming phase documents (i.e., site plan, floor plan, elevations, etc.) to the COUNTY's Representative for review. The COUNTY's Representative shall review said programming phase documents to ensure consistency with the intent of this Interlocal Agreement. Section 2.04 MUNICIPALITY shall be responsible for securing all permits and approvals necessary to construct the Project. Section 2.05 Prior to MUNICIPALITY commencing construction of the Project, MUNICIPALITY shall provide a copy of all plans and specifications, along with the associated costs thereof, to the COUNTY's Representative for review to ensure consistency with the intent of this Interlocal Agreement. Section 2.06 MUNICIPALITY agrees to totally complete the Project and open same to the public for its intended use within thirty six (36) months from the date of execution of this Interlocal Agreement by the parties hereto. Upon notification to the COUNTY at least ninety (90) days prior to that date, MUNICIPALITY may request an extension beyond this period for the purpose of completing the Project. COUNTY shall not unreasonably deny MUNICIPALITY's request for said extension. Section 2.07 MUNICIPALITY shall submit quarterly project status reports to the COUNTY's 3 Representative on or before January 10, April 10, July 10, and October 10 during the design and construction of the Project. These Quarterly reports shall include but not be limited to, a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by the COUNTY's Representative. ARTICLE 3: FUNDING Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by COUNTY to MUNICIPALITY on a reimbursable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of MUNICIPALITY. Should the total cost of the Project exceed the amount as projected by MUNICIPALITY, MUNICIPALITY shall appropriate and expend the excess funds required for completion of the Project. The COUNTY shall not dispense any funds to MUNICIPALITY for the Project until MUNICIPALITY has appropriated and expended said excess funds for the Project. Section 3.02 The COUNTY shall reimburse project costs under the terms of this Agreement to MUNICIPALITY on a quarterly basis from the date of execution of this Interlocal Agreement; however, should the need arise for MUNICIPALITY to be reimbursed on a more frequent basis, then COUNTY will, at MUNICIPALITY's specific request for each instance, make its best efforts to reimburse MUNICIPALITY within forty five (45) days of such special request. For each requested payment, MUNICIPALITY shall provide to the COUNTY's Representative a fully completed and executed Contract Payment Request Form and a Contractual Services Purchase Schedule Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall include information listing each invoice as paid by the MUNICIPALITY and shall include the vendor invoice number; invoice date; and the amount paid by MUNICIPALITY along with the number and date of the respective check or proof of payment for said payment. MUNICIPALITY shall attach a copy of each vendor invoice paid by MUNICIPALITY along with a copy of each respective check or proof of payment and shall make reference thereof to the applicable item listed on the Contractual Services Purchase Schedule Form. Further, MUNICIPALITY's Project Administrator and Project Financial Officer shall certify the total funds spent by MUNICIPALITY on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by MUNICIPALITY as indicated. Section 3.03 The COUNTY s hall retain not less than ten percent (100/0) of the total amount allocated to MUNICIPALITY for the Project until MUNICIPALITY completes the Project and provides COUNTY with either a Certificate of Occupancy or a Project Completion Certification as determined by COUNTY, and the COUNTY receives and approves all documentation as required in accordance with this Interlocal Agreement. The COUNTY's representative shall visit the Project site to verify and approve said final reimbursement. Section 3.04 MUNICIPALITY shall provide a request for final reimbursement to the 4 COUNTY no later than ninety (90) days following completion of the Project and provision of either a Certificate of Occupancy or Project Completion Certification to the County. Section 3.05 The County agrees to reimburse MUNICIPALITY an amount not to exceed $0 for those approved pre-agreement costs accruing to the Project subsequent to November 5, 2002, as more fully described in Exhibit "0", Pre-Agreement Cost List. Section 3.06 County shall reimburse Project costs only after MUNICIPALITY has expended its share of Project funding in its entirety. MUNICIPALITY shall provide the County with a certification, in a form acceptable to the County, from the Municipality's Finance Director that the MUNICIPALITY has complied with this Project funding provision. The County will be entitled to rely on that certification in reimbursing Project costs to the MUNICIPALITY under this Agreement. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Section 4.01 Upon completion, the Project shall remain the leased or owned property of the MUNICIPALITY. The COUNTY shall not be required to pay MUNICIPALITY any -additional funds for any other capital improvement required by or of MUNICIPALITY. Section 4.02 MUNICIPALITY hereby warrants and represents that it has full legal authority and financial ability to operate and maintain said Project. MUNICIPALITY shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. Section 4.03 MUNICIPALITY shall operate and maintain the Project for its intended use by the general public until March 8, 2030. MUNICIPALITY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.04 The rights and duties arising under this Interlocal Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. MUNICIPALITY may not assign this Interlocal Agreement or any interest hereunder without the express prior written consent of the COUNTY. Section 4.05 It is the intent of COUNTY to issue this funding assistance to MUNICIPALITY for the purpose set forth hereinabove. In the event MUNICIPALITY transfers ownership of the Project to a party or parties not now a part of this Interlocal Agreement, other than another governmental entity that agrees to assume, in writing, MUNICIPAlITY's obligations hereunder, COUNTY retains the right to reimbursement from MUNICIPALITY for its participation to the full extent of the funding assistance awarded to accomplish the Project. Should MUNICIPALITY transfer management of the project to a party or parties not now a part of this Interlocal Agreement, MUNICIPALITY shall continue to be responsible for the liabilities and obligations as set forth herein. Further, 5 MUNICIPALITY shall not transfer management of the Project to a third party without the written consent of the COUNTY. ARTICLE 5: USE OF THE PROJECT Section 5.01 MUNICIPALITY warrants that the Project shall serve a public recreational or cultural purpose and be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of MUNICIPALITY. MUNICIPALITY shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to use of the Project. Section 5.02 The term of this Interlocal Agreement shall remain in effect until March 30, 2030, commencing upon the date of execution of this Interlocal Agreement by the parties hereto. MUNICIPALITY shall restrict its use of the Project to recreational, cultural, civic, community and social purposes only unless otherwise agreed to in writing by the parties hereto. Section 5.03 MUNICIPALITY shall affix a permanent plaque or marker in a prominent location at the completed Project indicating that the COUNTY was a contributor to the development of the Project. Said plaque or marker shall include the County seal and a list of County Commissioners, unless otherwise directed by the COUNTY's Representative. ARTICLE 6: ACCESS AND AUDITS MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the design and construction of the Project for at least five (5) years after the end of the fiscal year in which the final payment is released by the COUNTY, except that such records shall be retained by MUNICIPALITY until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the five (5) year period. The COUNTY reserves the right, upon reasonable request and during normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit. ARTICLE 7: NOTICES Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be addressed to the following: 6 As to the COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South lake Worth, Fl 33461 With a copy to: County Attorney 301 North Olive Avenue, Suite 601 West Palm Beach, Fl 33401 As to the MUNICIPALITY: City Manager City of Delray Beach City Hall 100 N.W. First Avenue Delray Beach, Florida 33444 ARTICLE 8: TERMINATION FOR NON-COMPLIANCE The COUNTY may terminate this Interlocal Agreement upon written notice to MUNICIPALITY for non-compliance by MUNICIPALITY in the performance of any of the terms and conditions as set forth herein and where MUNICIPALITY does not cure said non-compliance within ninety (90) days of receipt of written notice from the COUNTY to do so. Further, if MUNICIPALITY does not cure said non-compliance within the time frame specified above, then upon written notice, the COUNTY may require MUNICIPALITY to reimburse any funds provided to MUNICIPALITY pursuant to this Interlocal Agreement either in whole or in part once the COUNTY has reasonably determined that no other remedy is available. ARTICLE 9: REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, a nd each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 7 ARTICLE 10: FILING A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 11: INDEMNIFICATION It is understood and agreed that MUNICIPALITY is merely a recipient of County funding and is an independent contractor and is not an agent, servant or employee of County or its Board of County Commissioners. It is further acknowledged that the County only contributes funding under this Agreement and operates no control over the Project. In the event a claim or lawsuit is brought against County or any of its officers, agents or employees, MUNICIPALITY shall indemnify, save and hold harmless and defend the County, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgements, and/or causes of action of any type arising out of or relating to any intentional or negligent act or omission of MUNICIPALITY, its agents, servants and/or employees in the performance of this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement to indemnify the County for the County's negligent acts or omissions. In consideration for reimbursement of costs incurred prior to the term of this Agreement, the foregoing indemnification shall apply not only during the term of this Agreement but also apply for the period prior to the Agreement for which MUNICIPALITY is eligible to receive reimbursement from the County. ARTICLE 12: INSURANCE Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the MUNICIPALITY acknowledges to be either insured or self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. The MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation and Employer's Liability insurance in accordance with Florida Statutes Chapter 440. The MUNICIPALITY agrees to maintain or acknowledges to be self-insured for All-Risk property insurance for the completed project for adequate limits based on the MUNICIPALITY'S replacement cost or probable maximum loss estimates for the perils of either fire, wind, or flood. MUNICIPALITY shall agree to be fully responsible for any deductible or self-insured retention. The MUNICIPALITY shall agree to provide a statement or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverages. 8 Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and obligations under this Interlocal Agreement. The MUNICIPALITY shall require each Contractor engaged by MUNICIPALITY for work associated with this Agreement to maintain: 1. Workers' Compensation coverage in accordance with Florida Statutes including endorsements for U.S. Longshore and Harbor Workers Compensation Act and the Merchant Marine Act (Jones Act) in the event any portion of the scope of services/work occurs over, near, or contiguous to any navigable bodies of water. 2. Commercial General Liability coverage at limits of not less than $1,000,000 Each Occurrence, which would include builder's risk insurance while the project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum. The COUNTY shall be added an "Additional Insured"., 3. Business Auto Insurance with limits of not less than $1,000,000 Each Accident. 4. If the construction work being performed exceeds $200,000, a payment and performance bond for the total a mount 0 f their construction contract, in accordance with Florida Statute 255.05. ARTICLE 13: PUBLIC ENTITY CRIMES As provided in Section 287.132-133, Florida Statutes, by entering into this contract or performing any work in furtherance hereof, MUNICIPALITY 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 Section 287.133 (3) (a), Florida Statutes. ARTICLE 14: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ARTICLE 15: SEVERABILITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be 9 affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 16: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between the COUNTY and MUNICIPALITY, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 17: THIRD PARTY BENEFICIARIES This Agreement is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. ATTEST: SHARON R. BOCK, Clerk and Comptroller PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk By: Tony Masilotti, Chairman ATTEST: CITY OF DELRAY BEACH By: Clerk By: Mayor APPROVED AS TO TERMS AND CONDITIONS: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Municipality Attorney By: Dennis L. Eshleman, Director Parks and Recreation Department APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: County Attorney 10 LIST OF EXHIBITS EXHIBIT A Project Description, Conceptual Site Plan, and Cost Estimate EXHIBIT B Legal Description of Property EXHIBIT C Contract Payment Request Form (Page 1 of 2) and Contractual Services Purchase Schedule Form) (Page 2 of 2) EXHIBIT D Not Applicable 11 EXHIBIT A PROJECT DESCRIPTION, CONCEPTUAL SITE PLAN, AND COST ESTIMATE 12 Exhibit A Description of Project The City of Delray Beach leased from the Florida Inland Navigation District 4.09 acres (known as MSA 650) to be used and developed as a park to provide boating access to the Intracoastal Waterway. The lease was entered into on March 8, 2000 for 30 years with one (1) option to renew for a twenty-five year extension. The subject site is located on northbound Federal Highway (U . S . 1) between Linton Boulevard and S. E. 10th Street, just south of Knowles Park. Delray Harbour Club, a condominium to the north of the F. I . N. D. property, is interested in expanding their parking areas. To make both properties more useful for their intended purposes, a series of land swaps was conveyed between the City, F.I.N.D., and the Delray Harbour Club. These land swaps are shown on attached exhibits. The development of the project shall involve the construction of two boat ramps, 13 regular parking places (11 standard and 2 handicapped), 19 boat trailer parking places, and a 411 square foot rest room facility. There will be other site amenities such as a drinking fountain, benches, and a bicycle rack. Exotic trees will be removed and approximately 27% of the park area will remain undisturbed in native mangrove trees. The enclosed site plan shows the location of each amenity. Exhibit A OPINION OF PROBABLE CONSTRUCTION COST INTRACOASTAL (FIND) PARK CURRIE SOWARDS AGUILA ARCHITECTS October 1, 20CM No. DESCRIPTION AMOUNT REMARKS 1 Mobilization & MOT 35,000 Assumes single mobilization 2 Site Clearina & Grubbing 15,000 3 FiU 68,000 Site will require fill for desian grades 4 Embankment 25,000 5 Drainage system 110,000 Provides for on-site trench drain system 6 Retaining WaR 36,000 7 Roadwav & Paving 175,000 Includes stops & striping 8 Utilities 70,000 Water & sanitary to US1 9 Seawall Repair 65,000 Alowance 10 Boat Ramps 185JOOO Assumes two slips 11 Restroom Building 85,000 One each per ADA 12 Site perimeter wall 55,000 As øer current design. 13 Chain fink fence 18,000 Remainder of site 14 Site Lighting 46,000 15 Site Accessories 4,000 16 Landscape and lnigation 65,000 Allowance 17 Sub-To~11 1,057,000 18 Mitigation 350,000 Estimate, see note below 19 Sub-Total 2 1,407,000 20 General Conditions 140,700 21 Sub-Total 3 1,547,700 22 OHD & Profit 309,540 23 Sub-Total 4 1 ,857,240 24 Contingency 175,000 25 Professional fees 120,000 26 Project Total $2,152,240 Notes: 1. These costs represents the architects best opinion of probable construction costs and Where prepared without the benefit of bid, based on prefiminary site plan drawings. 2. Mitigation costs will be determined after full agency review, and once impact to existing area is determined, costs can be formalized. 3. The City is encouraged to obtain a detailed cost estimate prepared by a certified cost estimator once the documents are better defined. "'" ~t:;; EB > Z~ 2 ~ ~~ > ~~ 00 rJ1 := n ~ ~ n< > ., ~ 0= t'"' ~ 0'\ ~trj ~ N ~ ~ Q ~> ~ Q ... >n II > ~= UI Z ~ -d ~ ~ . o~~ ~~O ;?::r~ ~~;;; ~Z~ ~ !fl ., n :r~~ .. :;. ~=n Q = ~ ., tþ '--< Q:~~ ~ ~ . ~ -~ =.~ ~ > õ' ~ ., ., oZ ~ ~ ~. '=' = rJ1 ~ =: IIJ ~ ~ tz X ::I" .... c' .... .. > I ~ I I I I I I I f I I I ¡ I I I ¡ I I I ¡ I ¡ I I I I ¡ I ¡ I I I I ¡ I I i I I I I I ~ 11 I r I I I I I I I I ! I I I I ¡ I I I ¡ I ¡ I I r I f I I I l I ¡ I I r I f i:-c.... "~ -"',~ "~~ I 1¡:;~~~ ~ ~ ~ ~ -:. ~ ~ ~ ~~~:i~~ ,.~ .. ~ .. 'II . . " ",. ... ;:. ~~~§~ ¡:¡ . . . , I ~ II i!' ¡ ~ " § ~~;:¡~~ ~ë ¡ ~ ~ ~ ~ ¡; ~ ~ l ! ~ 1'::!ªi'I ....>!;.¡ ~ ~ ~ ~ ... ~ 31 t ... ~ ~~..~~ !r: ~ ~ .. ~ ~ ~ à ;;¡ "" ;;¡ - ¡;;i5!i1"1~ ..~ ~ ill '" ill 0:.. 1:1 ~~~~~ ~~ ~ ...... ~ ~ ""~~~~ ~s ~ f ~"i[;) "'", ~ ~ ~~~¡ ~; ... :.!",;ai blR ~¡~;1 ..;" ~~,!iI~ ,;æ:~ ~;q' 'D~ ~~I~l_)~~ '~t~ ! ! ¡ I ~ I~~ Ii! Ii! § ¡ ~ ~a~ ~ I ! ~ ~ ~~~ ~ ~ " ,. ~ v~t ~ a ¡ ~ ~ ,.,~ ~ 11" 2 ~~ § ~ 'ª; 'i ~ ~~ h . I ~3t:Î~~ ~~r~ i , ~ 6hA ¡ii! ~QII~ i' 3 ~ ¡hi .0 ih~ ~ ! i h..@ ~ ~~i~ f ~ ~. 1> ";'40 ~ ~ J ~~ 1> g J . :;~~~ a· ~ë!ª! ~.. ~ ;1:;,; II ¡;; ,. ~ t ~ ¡ ~ 'C 'C ~ ~ e ~ ~ i ~ ~ HU¡ z ~ð z a~ ~ ~ ~ ~~ ~I '£.. I ~~ I ~o I &0 , i , ¡r ~ ill o o r ~.. I i~ : ;!\{ I ~o ! í I ; j 'I" ¡~ I ~ ~ I" ~ & ~ 1) z EXHIBIT B LEGAL DESCRIPTION OF PROPERTY 13 · , .. MSA 650 Lot 27 and that portion of Lot 11, Block 2, of Model Land Company's subdMsion of Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, according to plat recorded in Plat Book 1, Page 128, of the public records of said Palm Beach County, lying west of the Westerly right of way line of the Intracoastal Waterway from Jacksonville to Miami, Florida, as that right of way line is shown on the plat recorded in Plat Book 17, at Page 17 -B, of the public records of said Palm Beach County, and more particularly described as follows: Commence at the Southwest comer of said Section 21 for a point of reference; From said point of reference run along the South line of said Section 21, North 89°49'0911 East, a distance of 2414.37 feet to an intersection with the Westerly right of way line of the Intracoastal Waterway aforementioned; thence along said Westerly right of way line, North 01 °22'42" East, a distance of 1660.20 feet to an intersection with the South line of aforementioned Lot 11, said point being marked by a concrete monument with a brass cap therein; stamped "U.S. Right of Way", the same being the point of beginning for the tract herein described; From said point of beginning run thence along the South line of aforementioned Lots 11 and 27, South 89°51'3711 West, a distance of 536.58 feet to an intersection with the accepted West line of said Lot 27; Thence along said accepted West line of Lot 27, North 00°34'0011 East, a distance of 332.02 feet to an intersection with the North line of said Lot 27; Thence along the North line of Lots 27 and 11, North 89°52'07" East, a distance of 537.75 feet to an intersection with the Westerly right of way line of said Intracoastal Waterway; Thence along said Westerly right of way line, South 00°46'0711 West, a distance of 331.96 feet to the point of beginning hereinabove mentioned. Containing 4.09 acres, more or less. Less A parcel of land being a portion of Lot 27, Block 2, of the "Model Land Companys Subdivision" In Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Begin at the Northeast cor:ner of the Plat of 'The Corniche", as recorded In Plat Book 53, at Page 28, Public Records of Palm Beach County, Florida (said point also being the Northwest comer of said Lot 27, Block 2) and run thence South 00 degrees 19' 4811 West along the East line of the said Plat of "The Corniche", a distance of 122.84 feet; thence North 32 degrees 00' 05" East, a distance of 144.85 feel; South 59 degrees 59' · ." t 58" West, along the North line of said Lot 27. Block 2, a distance of 76.05 feet to the Point of Beginning. Containing In all 487 4.007 square feet or 0.107 acres, more or less. Subject to easements, restrictions, reservations and rights-of-way of record. Plus l\ portion of tho Plat of The Cornicho, according to tho Plat thoreof as record ad In Plat Boak 53, at Pago 28, of Public Rocords of Palm Beach County, Flarida, baing more porticulaFly doscribeEl as follG'''.~: Bogin at the Southen&t somor of sold Plat and run thence South 89 degroos 59' 05" '.^.' ost, slang the South lino of said Plat a distanco of 166.10 {Get; thence North 32 dogrees 00' 05" East, along the East right of '-\'ay lino of Foderal High\vay U.S. High':Jay No. 1 (State Raad No.5) a distanoe of 73.42 foet; thonce South 29 degrxG06 00' 25" East, a diGtanoo of 43.73 foot; thence North 89 dogreos 59' 05" East, o'diGtaRce of 106.12 foet; thenco South 00 degroos 19' 48" 'J.'est, alang tho East line of said Plat a distanso of 24.00 feot; to tho PaiRt of Beginning. . Containing in all 1671.007 square fool or 0.107 acros, more or los6. Subjoct to easemonts, restriotions, reservations and rights of way of record. The Foregoing pro'porty naN being described as: Traot 3 of tho Plat of tho "Corniche Reptat" aCGoFding to the Plat thoreof rxeoorded iA Plat 800k 76, Pago 97, of tho publio rocords of Palm Boach COURt}', Florida. A DOrtion of Lot 11. Block 1. Model Land Comoanv's MaD of Section 21. Townshio 46 South. Rance 43 East. accordina to the olat thereof as recorded in Plat Book 1. Pace 1·28. Public Records.of-Palm Beach Countv. Florida. described as follows: Commencina at the Southwest Comer of Lot 27. Block 2 of said Plat of "Model Land ComDanv's MaD of Section 21. Townshio 46 South. Ranoe 43 East" thence N.0023'14"E.. alona the West Line of Said Lot 27 said line also beina the East Line of said Lot 11), a Distance of 24.00 Feet to a Point on a Line 24.0 Feet North of and Parallel to the Westerlv Proiection of the South Line of Said Lot 27: thence N.89°58'31-W.. alana said Parallel Line. a Distance of 203 74 Feet to a Point on the East Rieht otWay Line of U.S. Hichwav No.1: thence S.32°03'14 'W.. alona said Riaht of Way Line. a Distance of 28.31 Feet to a Point on the Westerlv Proiection of the South Line of said Lot 27: thence S.89°58'31"E.. alana said Westerlv Proiection. a Distance of 218.60 Feet to the Point at Beainnina. SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 1, PAGE 128, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESC/?IBED AS FOLLOWS: DESCRIPTION OF TRACT 2: A PORTION OF THE CORNICHE R£PLA T 1, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 79, PAGE 50, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING A T THE NORTHEAST CORNER OF TRACT itA" OF SAID PLA T OF "THE CORNICHE REPLA T 1"; THENCE N.0023'14 "E., ALONG THE EAST LINE OF SAID PLA T, A DISTANCE OF 99.90 FEET; THENCE S.32°02'19"W., A DISTANCE OF 117.82 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "A ';. THENCE S.89°58'31"E., ALONG THE NORTH LINE OF SAID TRACT "A', A DISTANCE OF 61.82 FEET TO THE POINT OF BEGINNING. CONTAINING 3,088 SQUARE FEET MORE OR LESS. , A CCORDING TO CONTAINING 3,009 SQUARE FEET MORE OR LESS. DESCRIPTION OF TRACT 4: A PORTION OF TRACT "A': THE CORNICHE REPLA T 1, ACCORDING TO THE PLA T THEREOF AS FŒCORDED IN PLA T BOOK 79, PAGE 50, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING A T THE NORTHEAST CORNER OF SAID TRACT "A ':.. n-lENCE N.89°58'J1"W., ALONG THE NORTH LINE OF SAID TRACT "A': A DISTANCE OF 61.82 FEET; THENCE S.32°02'19"W., A DIST4NCE OF 28.29 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "A "; THENCE 5. 89° 58'31"E., ALONG THE SOUTH LINE OF SAID T,RACT 'A" A DISTANCE OF 76.67 FEET TO A POINT ON THE EAST LINE 'OF SAID T/~A CT "A ':. THENCE N.0023'14 "E., ALONG THE EAST LINE OF SAID TPA C T "A ", A DISTANCE OF 24.00 FEET TO THE POINT OF BEGINNIl'JG. CONT A/NlNC 1,661 SQUARE FEET MORE OR LESS. ,. ULL UWS: CONTAINING 2,806 SQUARE FEET MORE OR LESS. DESCRIPTION TRACT 6: A PORTION OF LOT 11, BLOCK 1, MODEL LAND COMPANY'S MAP OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 1. PAGE 128, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING A T THE SOUTHWEST CORNER OF LOT 27, BLOCK 2 OF SAID PLA T OF "MODEL LAND COMPANY'S MAP OF SECTION 21, TOWNSHIP 46 SOUTH. RANGE 43 EAST':' THENCE N.0023'14"E., ALONG THE WEST LINE OF SAID LOT 27 (SAID LINE ALSO B£lNG THE EAST LINE OF SAID LOT 11), A DISTANCt OF 24.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.0023'14"E., ALONG THE SAID WEST LINE OF LOT 27, A DISTANCE OF 60.77 FEET TO THE SOUTHEA T GORNER OF TRACT "A ~ THE CORNICHE REPLA T 1, ACCORDING TO THE PLA T TH£,r?EOF AS RECORDED IN PLA T BOOK 79, PAGE 50, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N.89°58'31"W., ALONG THE SOUTH LINE OF SA'D Tl?,ACT ..,'.... A ¡)/S I A NCt. OF /6.67 fEET; THENCE S.32°02'19 W., A DISTANCE OF 48.19 FEET; THENCE N.89°58'31"W., A DISTANCE OF 29.71 FEET TO A POINT ON A CURVE CONCA VE TO THE NORTHEAST HA VING A CENTRAL ANGLE OF 107°16'55" AND A RADIUS OF 31.50 FEET; THENCE NORTHWEST, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 58.98 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "A ':. THENCE N.89°58'31"W., ALONG THE SOUTH LINE OF TRACT "A ': A DISTANCE OF 4.09 FEET TO A POINT ON THE EAST RIGHï OF WA Y LINE OF U.S. HIGHWA Y NO.1; THENCE S.32 °03'14 "W., ALONG SAID EAST RIGHT OF WA Y LINE. A DISTANCE OF 71.69 FEET TO A POINT ON A LINE 24.0 FEET NORTH OF AND PARALLEL TO THE WESTERL Y PROJECTION OF THE SOUTH LINE OF SAID LOT 27; THENCE S.89°58'31"£., ALONG SAID PARALLEL LINE, A DISTANCE OF 203.74 FEET TO THE POINT OF BEGINNING. CaNT A/NING 8,433 SQUARE FEET lv10RE OR LESS. DESCRIPTION TRACT 7: A PORTION OF LOT 11. BLOCK 1. MODEL LAND COMPANY'S MAP OF SECTION 21, TOWNSHIP 46 SOUTH. RANGE 43 EAST, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 1. PAG[ 128, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING A T THE SOUTHWEST CORNER OF LOT 27, BLOCK 2 OF SAID PLA T OF "MODEL LAND COMPANY'S MAP OF SEC nON 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST':' THENCE N.o023'14 "E., ALONG THE WEST LINE OF SAID LOT 27 (SAID LINE ALSO BEING THE EAST LINE OF SAID LOT 11), A DISTANCt OF 24.00 FEET TO A POINT ON A LINE 24.0 FEET NORTH OF AND PARALLEL TO THE WESTERL Y PROJECTION OF THE SOUTH LINE OF SAID LOT 27; THENCE N.89°58']1''W., ALONG SAID PARALLEL LINE, A DISTANCE OF 203.74 FEET TC A PO/NT ON THE EAST RIGHT OF WA Y LINE OF U.S. HIGHWA Y NO.1; THENCE S.32 °03'14 "w., ALONG SAID RIGHT OF WA Y LINE, A DISTANCE OF 28.31 FEET TO A POINT ON THE WESTERL Y PROJECTION OF THE SOUTH LINE OF SAID LOT 27' THENCE 5.89°58'31"[.. ALONG SAID WESTERL Y PROJECTION. A DISTANCE OF 218.60 FE[T TO THE POINT OF BEGINNING. CONTAINING 5,068 SQUARE FEET MORE OF LESS. ............,---- 1£2 !~ tz ..~ 11:1 ie ã?< II) ~~ ~ ~~ ~;:¡ z .... II ~ ill ill 'T1 ~ ~ 9~ ~ f!~ ~~ :;0 n .....z m ~~~i 10 ~~ 0 '8~~ 2~ ~ QZ~ !!!~ m I~ ~~ ~ I~~ œ " b~ ~ :Þ :1111'"' Z :¡: ~ 52 = m ~~~,. is ....:>~ UI :¡: i~ ~ ~ ....~ c: -4 ~ ~ 10 CII 11:1 '11 f2 ,... = :III :> :> J:: r n 'i'~ » UI Æ c: Z ~ Z 0 '11 -I c: M ~ ::0 :III :> n sa :v (") .0 0 ~ » 1"1 en ~ ï \J » ;.0 " II~ ;¡ ;¡:;o ø i ....2 ~ .. .. g.. 0 1iI~~ ~~ ~ .....~ .....11:1 Z s¡¡~ ~-:v G) !2 i¡~ 5i!i 'Ø~~ í~ ~~~ ~o .o~CII I/!~ -4:l ~~ """"'::a ~,.., ~,.., ""0 en I/!"" ~~ ªis o~ =56 gç. l~ Z Z I'! '11 ... o .... :vc ;:~ ~ :::1'11 !f~ ~ 2~ ClIO ¡¡ ~ õ ..., ~ ell ... . ¡- . - - :. p~ ()~ ~"i (, ,tl Jf, ~/.¡ ·4 r . .. 'I - . . - . I . , II .. .. I . I , !~ .. : I ~ ". ãJt:J cPJ c-. ::u::o t%j þ. » :>< P-< ::r' .1 -Io :. c: tT - to -Io . ~ rt .... ~ -. IJ: I. .. .:;. i . , , . I . . : II - . .. . , INTRACOASTAL WATERWAY EXHIBIT C CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES PURCHASE SCHEDULE FORM 14 PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT EXHIBIT C CONTRACT PAYMENT REQUEST Date Grantee: Project Name: Submission #: Reimbursement Period: Item ~ Project Costs This Submission Cumulative Project Costs Consulting Services (CS) Contractual Services (C) Materials, Supplies, Direct Purchases (M) Equipment, Furniture (E) TOTAL PROJECT COSTS Kev Leaend ............................................................................._.......n..............................·......·.·.......... ¡CS = Consulting Services ¡ ¡ C = Contractual Services ¡ j M = Materials, Supplies, Direct Purchases ~ I E = Equipment, Furniture I "'...................................................................................................................................... Certification: I hereby certify that the above expenses were incurred for the work identified as being accomplished in the attached progress reports. Certification: I hereby certify that the documentation has been maintained as required to support the project expenses reported above and is available for audit upon request. Administrator Date Financial Officer Date County Obligation To Date PBC USE ONLY $ $ $ $ $ $ County Funding Participation Total Project Costs To Date: County Retainage (_ %) .,. County Funds Previously Disbursed County Funds Due this Billing Reviewed and Approved By: PBC Project Administrator Date Department Director Date H:\BOND-RAP FORMS\3Pg-Exhibit C-Bond Page 1 of o t- m s: ~ W ..J ;::) t-0 ZW wX :20 t-UJ ~W ~«UJ z~~ ;::)00 OZ~ 00;::) X-a. o~UJ :i~~ £no> :2w~ ..J~W «OUJ a.Z..J «« UJ;::) ~t- ~~ a.t- z o o r····..·····..···..·······..··..··..·) : : · . · /I). ~ a:J .s:; e ::J a. .Ii u! ~i · ~ fD Q) 'ã.·Ë ¡ · en CI) a.::J : :~ c» ãi ::J LL ¡ ; ~ ~~~ I ~~.~g,: 8 8 ~.~; II II :2 w ~ o 11 II ; .. ...~ .~...::E UJ i fJu1t~ ~. . ~ ,,~~ .æ m Q ;;; o .¡:: 0) Q. ëD E ca z - r::: 0) E 0) ~ ::::J .c E ~ ..... ° Q) 'e- Q. ëD .æ r::: ca ð ~ ~ 'Ë .c ::::J en c o :¡:; ~ ~I I I I I I I I I I I I I I I ... o - ° ca ... - c o (.) ã: o 'tJ C Q) > I I ... Q) .r:. Õ '0 c"O ~~ o 0 ~Q. ~ ! .r:.S o U) '00 0) ° =0) 8= r:::~ ~ 0 - Q. õQ. co ::::J ... 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CU..... o 'C'CQ) .!~& ~ .- CD 0.19" ~ .5 c Q)cuo _ E g. ~C~ oQ)'C .- Q) ~ êO.acu :;Q)'- .a>J2 S~G) 'C,..15 .- ... cu .a .Q - ..... Š 'ëã ~c> .....Q)tO ~E~ t:= ~ ... Q)0'C o 0 c >- 'C cu .a 0) Q) ~ .5 > Q) 0 0 .cCU.a ,ctO - 0 ,-'C .. ~ G) § a. t: ~Q)~ ~=~ ._ 0 0 t::'C..... G) C (/) Uco8 .,. ~ ~ Q) ~ to 'C .! o c o Q) o CO ,c ~ ~ a. Q) ,c .... . êOÕ ,c.~ .... 0 ~~ ._ a. t:: (/) Q) .- 0';; >-0) .a C Q) .- ,-,c Q) (/) ,c== a. - E .. 0 § 0 ._ 0 CO CO o C ¡¡:: .- :e'C Q) Q) U ~ Q) C) CO a.. "C C o m Ü .- :ë :ë )( UJ en a.. M cñ :E c:: o u. a.. ~ Q z o ~ :i EXHIBIT 0 PRE-AGREEMENT COST LIST (NOT APPLICABLE) 15 MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGE~ TO: SUBJECT: AGENDA ITEM # <6 ;Y REGULAR MEETING FEBRUARY 15. 2005 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: FEBRUARY 11,2005 Attached is the Report of Appealable Land Use Items for the period January 31, 2005 through February 11,2005. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\City Clerk\agenda memos\apagmem.02.15.05 FROM: CITY COMMISSION DOCUMENTATION Df''!ßTo HA~ITY MANAGER P~LlNG, Z7ËCTOR OF PLANNING AND ZONING JASMIN ALLEN, PLANNER ito",O(} ~ MEETING OF FEBRUARY ,( 2~05 "CONSENT AGENDA" REPORT OF APPEALABLE LAND USE ITEMS JANUARY 31, 2005 THRU FEBRUARY 11, 2005 TO: THRU: SUBJECT: ~ ACTION REQUESTED OF THE COMMISSION The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of January 31, 2005 through February 11, 2005. BACKGROUND 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. PLANNING AND ZONING BOARD No Regular Meeting of the Planning and Zoning Board was held during this period. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF FEBRUARY 9, 2005 A. Approved (5 to 0, Nancy Stewart and Dan Carter absent), a request for an exception to the master sign program in order to accommodate a flat wall sign for Sign-A-Rama, located within the Delray Corporate Center at the northeast corner of Congress Avenue and the C- 15 Canal (2905 South Congress Avenue). B. Tabled (5 to 0), a request for a color change for Xpertech, an existing commercial building located on the west side of Congress Avenue, south of NW 1st Street (90 North Congress Avenue). The Board requested that the applicant provide a drawing which shows where the colors will be applied on the building and awnings. C. Approved (5 to 0), a request for a color change for Art Studio, an existing commercial building, located at 630 George Bush Boulevard [south side of George Bush Boulevard, east of NE 6th Avenue (northbound Federal Highway)]. D. Approved (5 to 0), a Class I site plan modification for The Strand Sales Trailer, a temporary sales trailer for The Strand, mixed-use (residential/commercial) development project. The City Commission Documentation Appealable Items Meeting of February 15, 2005 Page 2 proposed sales trailer is located on the west side of SE 3rd Avenue, south of East Atlantic Avenue (40 SE 3rd Avenue). E. Approved (4 to 0, Jose Aguila stepped down), an extension of the site plan approval (expires October 27, 2006) for Trinity Lutheran Church Gymnasium, located at the northwest corner of Swinton Avenue and Lake Ida Road (400 North Swinton Avenue). F. Tabled (5 to 0), an extension of the site plan approval for Roof and Rack, a proposed 26,050 square foot industrial development, located on the west side of SW 10th Avenue, approximately 100 feet south of SW 10th Street. The Board requested that the applicant be present to discuss the request. HISTORIC PRESERVATION BOARD MEETING OF FEBRUARY 2,2005 1. Approved (5 to 0, Francisco Perez-Azua and Randee Schatz absent) a request to reconsider the conditions of approval of the architectural elevation plans for HV A Corporation (12 SE 1st Avenue), a proposed mixed-use building, located on the west side of SE 1 st Avenue, south of East Atlantic Avenue. 2. Tabled (2 to 2, Michelle Reich stepped down), a request for a Certificate of Appropriateness associated with the installation of storm protection for a non-contributing office building for 222 Palm Court, located on the southeast side of Palm Court between NE 2nd Avenue and George Bush Boulevard. 3. Approved (5 to 0), a request for a Certificate of Appropriateness associated with the replacement of existing windows for a non-contributing residence located at 209 SE 7th Avenue (east side of SE ih Avenue, south of SE 2nd Street). 4. Approved (5 to 0), a Class" site plan modification associated with the removal of an 80 year old mahogany tree and replacement with two 20' high oaks for Endres Office, located on the east side of NW 1st Avenue, north of NW 1st Street (137 NW 1st Avenue). 5. Approved (5 to 0), a Class V site plan, landscape plan and a Certificate of Appropriateness associated with the demolition of a contributing structure and construction of a parking lot at 30 SE 1st Avenue (west side of SE 1st Avenue, south of East Atlantic Avenue). Concurrently, the Board approved the following waivers: · Reduced the required width of the landscape barrier between the off-street parking area and the adjacent alley to the south from 5' to 3'. · Reduced the required width of the landscape barrier between the off-street parking area and the abutting property to the north from 5' to 2.45'. RECOMMENDED ACTION By motion, receive and file this report. Attached: Location Map CITY OF DELRAY BEACH, FLORIDA City Commission Meeting - FEBRUARY 15, 2005 -J ~ (3 <") I.Ù I I ...J L-30 CANAL a ð 0:: LAKE IDA i!: ;:) o CI) r- - L___ ,- I 1-_ L__ I ---____...J 52 -' , CIJ, , , I r-- L-___~---, I :::/1 ~I ..-, a 0:: § l1J :5 o CIJ S W 2NDST ~ ~ '« ~ ~ ~ ~ ~ ~ CJ CI) CI) ~ 10TH ...... ~ ~ ~ "- ~ ~ LINTON ~ In LJL, L ATLANTIC r- -.J : L _ _ J LOWSON BOULEVARD I )0.1 Q: ~ _I i a o ~ l1J ::; o ::t: LINTON BOULEVARD I =1 L_ i!: ;:) o CI) -J ~ '« U <") I.Ù ------------------------ L -38 CANAL C-15 CANAL ~ SPRAB A. SIGN - A - RAMA B. XPERTECH UPDA TE C. ART STUDIO D. THE STRAND SALES TRAILER E. TRINITY LUTHERAN CHURCH GYMNASIUM F. ROOF AND RACK HEB 1. HVA CORPORATION 2. 222 PALM COURT 3.209 SE 7TH AVENUE 4. 137 NW 1ST AVENUE 5. 30 SE 1 ST A VENUE - - - - - CITY LIMITS - - - - - ONE MILE GRAPHIC SCALE CITY OF DELRA Y BEACH. FL p~NNmG&ZOMNGDEPARTMENT NOVEMBER 2004 - - DIGITAL BASE MAP SYSTEM -- MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CITY MANAGER t1J'1 AGENDA ITEM # ~\( - REGULAR MEETING OF FEBRUARY 15. 2005 AWARD OF BIDS AND CONTRACTS TO: SUBJECT: DATE: FEBRUARY 11, 2005 This is before the City Commission to approve the award of the following bids: 1. Contract award to Overholt Construction Corporation in the amount of $865,109.00 for the construction of the Delray Swim and Tennis Center Clubhouse Project. Funding is available from 380-4150-572-62.60 (2004 G.O. Bond/Delray Swim and Tennis) and 117-4133-572-63.90 (Recreation Impact Fee/ Other Improvements). 2. Purchase award to Special Products Group, Inc. in the amount of $23,060.50 via the City of Boynton Beach Bid #062-1412-03/ CJD for the purchase of uniforms for the Fire Department. Funding is available from 001-2311-522- 52.22, 001-2313-522-52.22, 001-2315-526-52.22, and 001-2317-522-52.22 (Uniforms/Linen). 3. Purchase award to Atlantic & Southern Equipment, ILC in the amount of $99,315.00 for the purchase of one (1) Single Axle Chassis Boom Truck for the Water & Sewer Network Division. Funding is available from 441-5161-536- 64.25 (Water/Sewer Fund/Heavy Equipment). 4. Contract award to Hardrives, Inc. in an amount not to exceed $60,000.00 for the excavation, hauling, and disposal of excess lime sludge from the sludge overflow lagoon at the Water Treatment Plant. Funding is available from 442- 5178-536-65.30 (Water/Sewer Renewal & Replacement Fund/Other Improvements/ Lagoon Service Drive). 5. Contract award to The Hartford for Life Insurance and CIGNA (LTD) for Long Term Disability Insurance to be effective March 1,2005. Recommend approval of the above bids and purchases. S:\City Clerk\agenda memo\Bid Memo.02.1S.0S City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www.mydelraybeach.com FROM: David Harden, City Manager Victor Majten~ction Manager TO: SUBJECT: DELRAY SWIM AND TENNIS CENTER CLUBHOUSE (PIN 2004-038) Commission Agenda Item, Contract A ward DATE: FEBRUARY 3, 2005 Attached is an Agenda Request for City Commission to approve award of contract to Overholt Construction Corporation for the construction of the Delray Swim and Tennis Center Clubhouse. The project was bid with the construction of the clubhouse as the base bid and the parking area improvements as an add-alternate bid. On Thursday, January 13, 2005, the City opened bids for this project. There were only two bids received; the lowest at $865,109 from Overholt Construction Corporation ($747,714.00 base bid, $117,395 add-alternate), the next at $1,007,941.50 from Cedars Electro-Mechanical, Inc. ($919,163.50 base bid, $88,778.00 add- alternate). A copy of the bid tabulation is attached for your review. Staff recommends award of contract to Overholt Construction Corporation in the amount of $865,109.00, for the construction of the Delray Swim and Tennis Center Clubhouse project, PIN 2003-045. Funding is available from 380-4150-572-62.60, Parks & Recreation Bond/Delray Swim and Tennis ($747,714.00), after a budget transfer, and 117-4133-572-63.90, Recreation Impact Fee/Other Improvements ($117,395.00). CC: Robert Barcinski, Asst. City Manager Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestero; Dep. Dir. of Construction Joe Weldon; Director of Parks & Recreation Carolanne Kucmerowski; City Clerk's Office Brahm Dubin, JDC Sports Group Agenda File; 02/15/05 File 2004-038(A) S:\EngAdmin\Projects\2004\2004-038\CONTRACT\agda memo Overholt 02.15.05.doc ~K.1- Delray Beach Swim and Tennis Center Clubhouse PIN 2004-038 ITEM DESCRIPTION UNIT EST. NO. OTY. Base Bid, Phase II-A 1.00 Clearin2 and Grubbin2, New Compact! L.S. I 2.00 New Clubhouse Buildin2 L.S. I 3.00 Landscapin2 3.01 Coconut Palm EA 6 3.02 Purple Showers EA 48 3.03 Florida Gardenia 40 EA 36 3.04 Florida Gamma Grass EA 40 3.05 Plumbago Imperiel Blue EA 77 3.06 Dwarf Crown of Thoms EA 44 3.07 Triple Pigmy Date Palm EA I 3.08 Foxtail Fern EA 27 3.09 Trinette EA 15 3.10 Montgomery Palm EA 12 3.11 Veriegated Ginger EA 13 3.12 Xanadu EA 18 3.13 Wart Fern EA 55 3.14 European Fan Palm EA 9 3.15 Jatropha Standard EA 3 3.16 Green Island Ficus EA 57 3.17 Paurotis Palm EA 2 3.18 Orange Bird Paradise EA 20 3.19 Thryallis EA 20 3.20 Dwarf Firebush EA 16 3.21 St. Augustine Sod SF 10,000 3.22 Mulch CY 30 4.00 Irri2ation L.S. I 5.00 Asphalt Pavement RepairlRestoration L.S. I 6.00 As-Built Orawin2s L.S. I 7.00 Contin2ency Allowance L.S. I IS.UU Indemnification L.S. I TOTAL EV ALVA TED BASE BID Add Alternate Bid, Phase II-B A.1.00 Mobilization LS I A.2.00 Maintenance of Traffic LS I A.3.00 Clearin2 & Grubbin2 LS I A.4.00 Asohalt removal LS I A.5.00 Concrete curb FOOT tvoe "0" LF 580 A.6.00 Pavement Markin2s & Si2na2e LS I A.7.00 I" Overlay Asphalt SY 2311 A.8.00 I 112" Asphalt SY 632 A.9.00 8" Limerock Base SY 643 A.IO.OO 12" Stabilized Sub2rade SY 656 A.11.00 5' Wide-4 Thick Concrete Sidewalk LF 130 A.12.00 Parkin2 Area Irri2ation System LS I A.13.00 Parkin2 Area li2htin2 LS I A.14.00 Utilty allowance LS I A.15.00 Video allowance LS I A.16.00 Landscapin2 1\.16.01 Foxtail Fern EA 37 1\.16.02 Dwarf Crown of Thorns EA 43 1\.16.03 Plumbago Imperiel Blue EA 33 '\.16.04 Green Island Ficus EA 34 '\.16.05 Orange Geiger Tree EA 5 1\.16.06 Coco plum EA 132 1\.16.07 Remove Exist. Acacia EA 2 1\.16.08 Remove EXIst. Queen Palms EA 2 1\.16.09 Remove Exist. Pink Tabebua EA I A.17.UU As-builts record drawin2s LS I TOTAL EV ALVA TED ADD AL TERNA TE BID TOTAL BID DeIrIY SWIm T Innl' Clubhou.. BUIlding, PIN 2004-038 Bid Tab Overholt Construction Corp. UNIT PRICE EXTENDED TOTAL PRICE ._~.!21.?I9.:9.9_ ......._.1!.?~?~9.2.º. J~~?Æ~.?:9.º. _...._~.~.ª.~.~~?:ºº. $270.00 $1,620.00 .--...---.-Š63.õ. ..--·----···-Šjï2:öo ·--·-----···Š·'7:ÕÕ· ·..-·-.....--Š2Š2':ÖÖ· .....·.......Š7j3õ· ---··---·---S26Õ:ÖÖ· ··-----..--Š63·õ· .........---··-ŠŠÕÕ:ŠÖ· ·······-···-Š·7:ÕÕ· --.......·..··$Jõiï:öö· ·········ŠIš·õ:õõ- ···--·-..----nŠÖ:ÖÕ ·-·--····-šrŠÕ· '-"-'-"-"'S94:5Ö' ·-·....·..·-š-r:ÕÕ· ·····------·-..Sïõs:öö· ·..···-s2Tö:öö· ··..·----...-Š-2;Š2'Õ:ÖÖ· ..·---$TÖ:ÖÖ· -...--m-··"Sï3Õ:ÖÖ· -·--·-šTõ-:öö· ·······--·----·Šnm:ÖÖ· --·-····--Š-4-:ÖÖ· ·-···--·---·S22'Õ-:OÕ '''''''-'-Š-iß"])Õ' -··--·····--·$76Š:ÖÖ· ·····--šTš·õ-:öö· ..-----·-..-Š-4ŠÕ:Õ-Õ· m....·--··-Š-Š-:ÖÕ· ········--·····-Š¡Š6]Ö· ·.......·Š2JÖ:ÕÕ· ······-·-····-Š46Ö]Ö· .m--·--'·Š·ïö:õö' mm·..·--··-Š2'ÕÖ:ÖÖ· ····-·······Š·6:ŠÕ· .m·....·...··-Ši1Õ:ÖÖ· ··-········-Š-6:ŠÕ· ··----..···....-ŠïÕ4:ÖÖ· ······--····-SÖ:3Ö· ··...--·.....n:ÖÖÖ:ÖÖ· :::=:::::JJ:r~g~: :::=::::::J!:~9.~9~ºº: .~_m?1_~.9.9_:9.º. .........._..E~~.º9.:ºº. .~.__Jl.~.9.9.:9.º. .._.........~_~_'_~.ºº:9_q_ ...._.J.?~.9.:º9_ .__.._._..___E~º2.º. J__~Ql.º.Q.9.:ºº. J.....__..I9.!.Q.ºº:9_º. ) IU.UU $ IU.UU $747,714.00 .~._!51.º.º9.:Q.º. .L_.m.!'Q...Q.9_º:ºº. .LJ1.~9.Q.:ºº. .~...........I~~.Q.º:ºº. .~."!Ql.º.9.º:ºº. .~..........!.9.~ººº:ºº. .L.l1.?9.9.:9.º. .L..____m?.!.~.ºº:ºº. J..........!.~.:º9.. .~.......--.--?-'.~~º:ºº. .~.....~l_º.U.:ºº. .~mm...__.ª.~91!:ºº- _~...___!9.:9.9__ ~~----~.~U-º·OO .L.._._.!.~.:9.º. .~..__._.--?~~º:ºº. .~m__...__'.9.:Q.º. .L________É.~i~º:9_º .~............!.:~.º. J..m..____._?~i:ºº. .~__........~.9.:ºº. .~..___......~.t~.9-º:ºº. .L..?1.~.9.º:ºº. .~..____.__.?~~.ºº2.º_ .L!_ºJ.º.9.9.:9.º. .~........J.9.!.º9-º:9_º. .~.....!1.Q.Q.9.:Q.º. .~..._.......!-'.ººº:Q9.. _~.__.J.~:9.º. .1_...__...!2º:9_º. $ 3.50 $ 129.50 'Šmm"--r:ÖÖ' ·Š-..-·--·3Öï-:OÕ ·Š···-····-6:ŠÖ· 'Š--..--m··2ï4-:SÕ· ·Š...·-..-·Š-:ÖÖ· ·Š····-·-··--..272-:ÖÖ· 'Š""-"Ž7-Š-:ÖÖ' ·Š.....----·-·07Š:ÖÖ· 'Šmm"""6:SÖ' ·r·············Š-šiCÖö· ·Š···-··-Ž·ÖÖ:ÖÖ· ·Š··---m·-..¡ÖÖ:ÕÖ ·Š···-..2-Š-Ö:ÖÖ· ·Š·-···-········ŠÖÖ:ÖÖ· :~=::=::!Iº_~9.9.: :~:=:::::=::::Œ!~ºº: $ 75U.UU $ 75U.UU $ 117,395.00 I I $865,109.00 I PIgIP31011 Cedars Electro-Mechanical UNIT PRICE EXTENDED TOTAL PRICE ._.E~zººº:_º_º.. ___.......H~zQQ.º.:!>.Q.. .J~i?zººº:_º_º__ ..m._.~ª11zº_º.º:.Q.º. $425.00 $2,550.00 ·-·--·..··--širöö.. ·..------···ŠJŠ·,[ÖÖ· --"-"$B:Öö" .----...m·-..ŠŠ4Õ.-ÖÕ- .-..-m--'$83ö" ············-..$34Õ.-ÖÖ· ..mm-m$8:ÕÖ" -·---·--·-··Š6T6·.-ÖÖ· ···----·--··Š'73õ· ·...-----..--Š33·Õ·.-ÖÖ· ···--······Š6Š:Ö·Ö· ····----·.........·Š·6Š·:ÖÕ-- ·············$43Ö- ..--...--m-ŠïIn·õ- -·---·--··$83ö.. ·-····---·....ŠïI'fš·õ· ------Š22Õ:ÖÖ.. ---.-m···Š2~64Ö·:ÕÕ.. --·--·$ï23ö.. ·--··---·--Šï6I.-Š-ö· ··-·--·-·Sïõ3·õ.. ·····-··-···-Šï·š·cröÖ· ··-----·-···$Š3ö.. ·····-····-..Š3Ö23·ö· ·-------$ïï5:öö-- --·-··-·Šï~öTš·.-öõ.. --·····Sï7Š:ÕÖ.. ..-..m-...·Š-Š2-Š-.-Õ·Õ· ·.....-..--$'73ö.. ·····-·········Š-4I7-.-s·õ- ......m$2ŠÕ:ÖÖ-- --.........··-·ŠŠÖÖ·.-ÖÖ· ···········$ïŠ3Ö-- ....--...m-"Š3ïö',-öö' ·············$iröö.. ···---·..-·...Šï6Ö·.-ÖÖ· --···········$8:ÖÖ.. ··········-·--·Šï2-š".·ÖÖ· ··-····-···$ï:öö.. ····--·····Sïõ·,õöõ:ÖÖ· ==:::::::~~!EQQ:: ::::=:::=:~I~~QQ:~ºQ: .J....ªzººº:_º_º__ ...._..._..~~z.Q_º_º.:9_9.. _~_...~zººº:_º_º.. .............~?z_ºQ_º:-ºQ.. _....Ez~ºº:º_º_ ..._..._..~.!1.?_º.<!:.Q.º. ..t.~ºzººº&º__ __.._._.EQJº_º.º.:Q.Q... $ lU.UU ) lU.UU $919,163.50 __L._~z~ºº:_ºQ.. ..L..__...11.~º_º:_º.9_ .J...lz~º_q:_º_º_. .J._._...._.~l?_º.Q.:9.º. .J...}z?_qQ:_ºº_. ..Lm......?J?_º_º:.9.º. _~.J.9.zººº:º_º-. ..~.........!ºJ-º-ºº.:!>.º. ..L.m....!?&º__ .J._._.....~z.?QQ.:º.9_ .J__.~zººº:_ºº_. .J...........?lº_º.º:_º-º. ..L.._...___?:_º_º__ ..t.........!~zE?:_º-º. ..~_____..m_~:Q_º.. __~__.m__...?Z_º.~§:.9.Q.. ..L..._...l:_º_º.. ..~._....._..?J.!~~.:!>.Q.. ..L.___....~:_º_º.. .J........_Jz?H.:º.9_ ..L_._.Jº:_º_º.. ._L.m....}.}2.º.º.:9.9_ ..~....ªzº-qº:_º_º__ __L.___...._~J_º_º_º.:º_Q._ ._~...1zººº:_ºQ.. __L__._.__._?zQ_º.º.:!>.º. ..t..J.zººº:_ºQ.. .J..._...__"!z_º_º_º.:Q.9_ _~....___~~º:º~L ..t..______..J?Q.:!>.9._ $ 4.50 $ 166.50 S--'''-'---'73Ö-- ··S------..3If.-Š-ö· ··Š"--·--Š:ÖÖ- r-----·---26:[ÖÕ-- "S---"--'73Ö" "Šmmmm"Iš-š-.-öö· --f···-··27S:ÖÖ.. ··S·----·-·-·CJ7·Š·.-ÖÖ· --S-·-···-·g:ÖÕ· =F::::=::=!;~~~:::~~: '-S-""':mÕ:ÖÕ' --S····-ŠÖÕ:ÖÖ-- ::E::::=:~~~K~~~~ ::r:=:=~m~~QQ:: $ 1,5UU.UU ) 1,5UU.UU $ 88,778.00 $1,007,941.50 I Agenda Item NO.~c\() i. AGENDA REQUEST DATE: February 3, 2005 Request to be placed on: --L Regular Agenda _ Special Agenda _ Workshop Agenda When: February 15, 2005 Description of item (who, what, where, how much): Award of contract to the lowest responsive bidder, Overholt Construction Corporation, in the amount of $865,109.00 for the construction of the Delray Swim and Tennis Center Clubhouse facility, PIN 2004-038. The funding for this project will be provided from the following accounts: Funding Source 2004 GO Parks Bond / Delray Swim and Tennis Account Number 380-4150-572-62.60 Amount $747,714.00 * Recreation Impact Improvements Fee/Other 117-4133-572-63.90 $117,395.00 *after budget transfer ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of contract to Overholt Construction Corporation for the construction of the Delv Swim and Tennis Center bhouse facility, PIN 2004-038. Department Head Signature: 2-, 3, QÇ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget ~irector Review (required on all items involving expenditure of funds): .¡).A. ~ f);¿!.'t/ð ~ unding available YES/NO Funding alternatives (if applicable) Account No. & Description See above Accou nt Balance See above '9" h- ~ / !fÞ- S '1:J. -IÞ,?' 0 M II 7'1~ r ¡tJ City Manager Review: ,-£) tJJ1 1I'..4J33-51-l-t"ð,fO ~(~~, Approved for agenda: &NO -, f¡)~ II 13'1..; 1/!J Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2004-0438(A) S:\EngAdmin\Projects\2004\2004-038\CONTRACT\agnd req Overholt 02.15.05.doc MEMORANDUM ~ 10: FROM: THROUGH: DATE: David Harden, City Manager Patsy Nadal, BUyer~ Joseph Safford, Finance Director February 01, 2005 SUBJECT: DOCUMENTATION -City Commission Meeting February 15, 2005-Purchase Approval-FD Unifonns Special Products Group Item Before Commission: The Fire Department is requesting approval for the purchase of unifonns via City of Boynton Beach Bid #062-1412-03/CJD from Special Products Group, Inc. in the amount of $23,060.50. The unifonns are for replacements and new hires. nem Qty. Cost Total I S/S WHITE COTTON SHIRT 95 $21.3500 $2,028.25 US WHITE POL Y/COTTON SHIRT 148 21.5000 3,182.00 NAVY POL Y/COTTON EMT PANTS 349 31.5000 10,993.50 NAVY POL Y/C OTTO N UNIFORM 95 22.2500 2,113.75 NAVY POLY DRESS PANTS 186 25.5000 4,743.00 Recommendation: Staff recommends purchase of uniforms for the Fire Department from Special Products Group, Inc. in the amount of $23,060.50. Funding from account codes: 001-2313-522-52.22 $3,114.00 001-2315-526-52.22 15,687.50 001-2317-522-52.22 1 ,287.50 001-2311-522-52.22 2,971.50 TOTAL $23,060.60 Attachments: Requisition #116436 City of Boynton Bid Award Letter Bid #062-1412-03/CJD Prices <6K,;;L JAN.31.2005 2:26PM -:.. [~FIJI ~f[[I~L F~IJI]IJ[T~ (]~IJIJF .n for 1111 your public alfety nDBdf> January 13, 2005 Delray Beach Fire Department 501 W. Atlantic Avenue Delray Beach. FL 33444 Attn: Roxan ne Roxanne: NO. 570 P.4 ~~ \ \ Co43W Per our telephone conversation, this lett~r is to confirm th ~t the Delray Beach Fire Department will be piggy backing the City of Boynton 8 ach Bid #062-1412- 03/CJD for uniforms. I have enclosed a copy of the award f ~tter from the City of Boynton Beach. The bid prices on these uniforms are as fol1ows: S/S White or Lt. ,Blue Poly/Cotton Uniform Shirt .. $21.35/ US \tyhlte or Lt. ßJue Poly/Cotton Uniform Shirt.. $21150~ Navy Poly/Cotton EMT Pants - $31.50 I . Navy Poly/Cotton Uniform Pant.. $22.25/ Navy --Polyester Dress Pant - $25.50( . .) . ~ . Should you have any questions or need any additional information. please contact me. 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U 0 CI) :E CI) H CJ 00 ø:: ~ ø:: Z I"- E-t ~ H 0 0 U E-t CI) N r:i1 Z CI) ..-f ~ I-J r:i1 Z r:i1 0 ø:: 0 u Z ø:: ø:: H 0 Po. ::> E-t ø:: H u H Po. ø:: CI) ø::~ 0 r:i1 H ~ ::r: ::> r:i10 E-t E-t 0 ~~ ~ r:i1 Z Z ø:: III~ H Q ::> r:i1 r:i1 CI) CI) E-t 0 H ~ Cl)Z CI) ~g r:i1 U Z u 8 0 ø:: « u H ::> E-tr:i1 ::> r:i1 r:i1 r:i1 E-t ø:: Po. Cl)ø:: CI) > > H Q<E-t I-J Cl)ø::CI)ø::CI)ø:: ::> HIIlr:i1 Po. r:i1r:i1r:i1r:i1r:i1r:i1 0 III ~ HCI)HCI)HCI) r:i1 ~ ~ ~ ~ ø:: ::r:CJQ Po.ZPo.ZPo.Z uCJ~ Po.r:i1Po.r:i1Po.r:i1 <H i ::>z::>z::>z r:i1Po.~ Cl)HCI)HCI)H III < CI) ~ ~ ~ 0 ø:: CJ........CJ........CJ........ ZE-tr:i1 r:i1 ZCI)ZCI)ZCI) 0 ::r: ~ E-t ~~~~~~ E-tCl)E-t H ~ ¡;:::>o E-t ~f¿~f¿~f¿ OCJCI) CJ 0 r:i1Hr:i1Hr:i1H IIIZ~ Z ~ ê>~ê>~ê>~ H< H ~~ E-t r:i1 00 CI) ::r: ~. r:i1 ~~E-t ::> r:i1 E-t<CI) 0 ø:: N N N H H r:i1 H N N N uø::~ ø:: ~ N N N r:i1 CI) Lt'I Lt'I Lt'I CI) CJE-tr:i1 t N \.0 N E-t ZE-tU ~ Z N N N Z Hr:i1H::r: III 0 r:i1 Lt'I Lt'I Lt'I r:i1 ~~ø::u H I~ E-tM Lt'I I"- ~ U Po.< ~ ~ ~~ ..-f ..-f <r:i1 r:i1 0 M M 0 1II::r:r:i11I1 H u U ON N N U E-t::r: E-t 0 U..-f ..-f ..-f ~ E-tZ H ~ Z uo 0 0 Z CJCI) 0 CI) 0 <0 0 0 0 CJH::r:E-t H 0 H H H E-t¡;: g E-t E-t E-t Po.QH H ~ H r:i1~0 r:i1 Po. CI) CI) r:i1::r: III ø:: H H r:i1 H ~UCJ ::r: ::> ZLt'I Lt'I Lt'I ::> <Z:E CI) 0 H 0 E-tOO r:i1 ~ r:i1 r:i1E-t~ø:: ø:: ø:: ~< ~ AGENDA ITEM NUMBER: ~~;L AGENDA REQUEST Request to be placed on: February 15, 2005 Date: February 01, 2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: The Fire Department is requesting approval for the purchase of uniforms via City of Boynton Beach Bid #062-1412-03/CJD from Special Products Group, Inc. in the amount of $23,060.50. ORDINANCE/RESOLUTION REQUIRED: YES NO_X NO_X Draft Attached: YES Recommendation: Staff recommends purchase of uniforms for the Fire Department from Special Products Group, Inc. in the amount of $23,060.50. unding from account code: 001-2313-522-52.22 $3,114.00 001-2315-526-52.22 15,687.50 001-2317-522-52.22 1,287.50 001-2311-522-52.22 2,971.50 TOTAL $23,080.50 " ~ to /tff1 41, '3;L Î ~ ;.t18 3} qf5 F Department Head Signature: Detennination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review/~~~1I items involving expenditure of funds): Funding availabl{"1 Yes No Funding alternatives: (if applicable) Account Number: f2() I ... ;J. 3 J ~ - ~ :;¿~... 52:12 7Á.M~ AN\.Ó ~ J.(~ C· 3\5) ~ . (J~JI) ~aJ 7.i~IV.. ¡J, , Account Desaiplion: 4l {¡tf.t, 1(J<a:J....>; dyJ.. þ".,d; f'¡1¿ ciit...}.; £t~'>\..b Account Balance: '"'Lt?ti. ~ City Manager Review: Approved for agenda: @4 No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved ~P'."'·"'."'."""'O...~ ~., ~ ~~ ....' (J ~y . iÞ~\t': City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M TO: FROM: David T. Harden City Manager C. Danvers Beatty, p~K Deputy Director of Uti~ DATE: February 3, 2005 SUBJECT: PURCHASE OF SINGLE AXLE CHASIS BOOM TRUCK Attached is an Agenda Request along with a tabulation of quotes for the purchase of a single axle chassis boom truck with 18 ton capacity and 70 foot extension from Atlantic & Southern Equipment, LLC. This equipment is budgeted for purchase this year and will be an integral part of our recently developed in-house raw water well maintenance program. The equipment will be used to extract well casing pipes, pumps and motors for routine maintenance and well development. Based on their lower price of $99,315.00 I am recommending award of the purchase to Atlantic & Southern Equipment, LLC. Funding is from Account #441-5161-536-64.25, Heavy Equipment (budget transfer attached). If acceptable please place this item on the February 15, 2005 Agenda for consideration by City Commission. CDB/cdb Att: cc: Richard C. Hasko, Director of Environmental Services Bob Bullard, Maintenance Manager Kevin Rumell, Fleet Maintenance Superintendent City Clerk Agenda File S:\Environmental Services\Dan Beatty\Crane Truck.mem.doc <?k3 E l! œ e D. e» u c ftS c e» ... c c: ëi 0 ::IE ; ãi ftS '3 3: .a ftS ~ to- S CD - ftS 0 3: :s a ~ ftS 0:: ~ ~ ~ U ::J ~ l- e» c l! 0 0 C> ~ 0 0 i 0 ~ M cw) <r- ... <r- .,.. f:J7 .. 0 ~ 0 0 ~ M <r- <r- f:J7 .1 0 "8 0 ó ~I ~ ., 0> ~ ~I 0 <r- :. f:J7 0 0 .~ ó ;' ~ 0> ~ 0 <r- f:J7 ¡" , 0 ~8 0 Lri ~~ <r- M f') a> J 0> f:J7 0 0 Lri <r- M a> I- 0> f:J7 I~: , ~ ~ - o Q) 0> co a.. <C w ~{f ';?" ,:~ <r- ~ '"" c:: o ;: c '8 ~ .s ..... ' co 0 h " <r-..... £-g ~ m en~ ëñ ~ en c. c co m 0 <50ëñ J. Q) C> C . _ C Q) ><¡ex co := Q) ~ E E - g> 0 0 ....!I. . .- 0 0 ~ CI).J:J.J:J ~ Agenda Item No. ~k3 AGENDA REQUEST Date: February 3, 2005 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: February 15, 2005 Description of item (who, what, where, how much): Staff requests Commission Approval of the purchase of a single axle chassis boom truck with 18 ton capacity and 70 foot extension from Atlantic & Southern Equipment, LLC. This equipment is budgeted for purchase this year and will be an integral part of our recently developed in-house raw water well maintenance program. Total amount of this purchase is $99,315.00 and will be funded from Account # 441-5161-536-64.25, Heavy Equipment. ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO Recommendation: Staff recomm Southern E i ment, LLC. from Atlantic & Department head signature: þ. '}.. 05 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds) : 1/...1J1...j¿i:~ FuÍ1ding available: @/NO Funding alternatives Account No. & Description 'IiJ1-;;¡f,J-63/,-¿I./,,t. 5 Account Balance Jt. 91 $:/.,o l_1. tit!!..~~ 11& 'W- , I City Manager Review: &' Approved for agenda: E' /N0frJt/1 Hold Until: f7+ I Agenda Coordinator Review: Received: Placed on Agenda: (if applicable) ~/ úJ-IS~. /IJdd,~e1~JH.&J1 ~~~ Action: Approved/Disapproved S:\Environmental Services\Dan Beatty\Crane Truck.ag.doc City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www.mvdelravbeach.com TO: David T. Harden City Manager FROM: C. Danvers Beatty, P.E. Deputy Director ofP IC Utilities DATE: February 3,2005 SUBJECT: Excavation of Sludge Overflow Lagoon Water Treatment Plant Attached is an agenda request and supporting documentation for award of a contract to Hardrives, Inc. for time and materials based on hourly equipment rental rates not to exceed $60,000.00. The proposed work is for the excavation, hauling and disposal of excess lime sludge material within the overflow lagoon at the Water Treatment Plant. Quotes were solicited from several local contractors. One quote was received and two letters declining to quote. The quote from Hardrives is for time and materials based on hourly equipment rental rates and is consistent with typical hourly rates for this type of work. Based on their quote and satisfactory performance of past work in the City we are recommending award to Hardrives, Inc. in an amount not to exceed $60,000.00. Funding will be from Account # 441-5178-536-65.30, Lagoon Service Drive (budget transfer attached). Please place the item on the February 15,2005 Agenda for consideration by City Commission. CDB/ped Attachments cc: Richard C. Hasko, Director of Environmental Services Rafael Ballestero, Deputy Director of Construction John Bullard, WTP Manager City Clerk Agenda File U :\wwdata \Beatty\Memos\05FEB03-Sludge Overflow. doc ~ K.Lt -~~Jllr~~~\ŒEDE~~~~~~~~~~_---- --- ( ---5~-~T~-S~tT--------------- -, =-=l [J="=llí------------------- II C -=--=n ~ ] I II~ u _ I III I II Ilr 1 I Wilt, -1 I ~:: I L-Dli= WI I '~p >11 ~ 0°1 « I I I I I I II ~... v CITY of DELRA Y BEACH ENVfIONMENTAL ŒRVlCES DEPAFmAENT .. aotnH 8WN1'ON AWHIE, CEUtAY IEAØI, R..OAÐA 3S444 CITY OF DELRA Y BEACH WATER TREATMENT PLANT SLUDGE OVERFLOW LAGOON 12/16/02 STREETS. GRADING. ROCK & FILL. CONCRETE WORK RDRIVES, INC. PHONE 561-278-0456 FAX 561-278-2147 2101 SOUTH CONGRESS AVENUE DELRAY BEACH, FLORIDA 33445-7398 TO: CITY OF DELRA Y BEACH A TIENTION: RAFAEL BALLESTERO QUOTATION 2 FEBRUARY 2005 LOCATION: SLUDGE PIT PLANS AND SPECIFICATIONS: AS DESCRIBED BELOW WE PROPOSE TO FURNISH ALL LABOR, MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING: I-mobilization - $1,500 in/$1,500 out $3,000.00 I-2-~ yard dragline w/operator and fuel I-dozer wide track I-loader, 950 or equivalent Trucking tandems (plan 2 weeks plus 5,000 cy sludge to truck off Job shall not exceed $60,000.) 130.00/HR IOO.OOHR IOO.OOHR 50.00/HR or $6.25 CY NOTES: 1. All field testing by others. 2. All permits and fees by others. 3. All maintenance of traffic by others. 4. Invoicing upon completion and field measurement. 5. Hourly tickets signed daily. PRICES ARE GOOD FOR 30 DAYS. TITLE DATE ACCEPTED BY: HARDRIVES CANNOT GUARANTEE OR BE RESPONSmLE FOR ROCK BASE WORK CONSTRUCTED BY OTHERS. Power steering and fast starts will damage aspbalt. We cannot be beld responsible after completion on this project. Grass and weeds will grow through asphalt. The control of these is the responsibility of the owner. Purchaser's signed acceptance will constitute a binding contract. In the event there is any default in payments due under this contract and tbe same is placed in the hands of an attorney for collection, the purchaser and/or purchasers hereby agrees to pay all cost of collection., including a reasonable attorney's fee. C!g~!ng C~t!JI'IIIT 3460 Fairlane Farms Road, Suite 8 Wellington, Florida 33414 (561) 333-2109 Fax: (561) 333-2180 Mr. Rafael Ballestero, Due to our current workload, we will unfortunately not be able to perform this work within your timeframe. We do appreciate the opportunity but will not be quoting on this project. Thank you, Howard Wight Estimator / Project Manager · FROM (THU) FEB 3 2005 11: 16/8T. 11: 15/NO. 6321820501 P 1 Fax Cover Fl)l- 'ì"ollr In1'(Jrnlati()I1: REQUEST FOR BID SLUDGE POND EXCAVA110N THANK YOU FOR INVITING US TO SUBMIT A BID FOR EXCAVATING AND HAUUNG OFF SLUDGE. UNF'ORTUNATELY, OUR FIRM IS TO BUSY TO UNDERTAKE 'THIS WORK AND WILL HAVE TO DECUNE TIiIS OPPORTUNnY TO SUBMIT A BID. PLEASE KEEP US IN MIND ON RJTURE PROJECTS AND THANKS AGAIN FOR YOUR SOUCITAl1ON SANDY LSPER To: Rafael Ballestero From: Sandy Leiper Company: City of Delray Beach Company: Asphalt Consultants. Inc. Fax Number: 561-750-ð598 Fax Number: 2437314 Pages inclUding cover page: 1 Date: 21312CYJ5 Time: 11:11:16AM WlnF", PRO Cover P8ge 1 ..,.-- r- ~, ----r I J Agenda Item No. ~ k~ AGENDA REQUEST Date: February 3, 2005 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: February 15, 2005 Description of item (who, what, where, how much): Staff requests Commission Approval of a contract to Hardrives, Inc. an amount not to exceed $60,000.00 for excavation, hauling and disposal of excess lime sludge from the sludge overflow lagoon at the water treatment plant. Funding is available from Account #442'-5178-536-65.30, Lagoon Service Drive. :.L 'JW ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO Recommendation: Staff recom Inc. . . contract to Hardrives, Department head signature: "Z.. \5. 05 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget Director Review funds) : Funding Funding Account Account (required on all items involving expenditure of available: YES/NO alternatives No. & Description-1~-4IIfK-53¿-',jO~ Balance /I ¿ C) 1)/>0 i~Jj -;-~JIA A It'll. . 1- Ci ty Manager Review: @NO tn1'I. Approved for agenda: r .. Hold Until: (if applicable) úJci~. /!¡-NJAJ-ð.fcf M I ~4u ~""'fat II · þt'l))'U ~V~.])~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\Environmental Services\Dan Beatty\02030S-Lagoon.ag.doc MEMORANDUM TO: David Harden FROM: Harry 1. Hamilton ~ r SUBJECT: Life Insurance and Long Tenn Disability Insurance 2005-2006 DATE: February 4,2005 We solicited proposals from seventeen (17) insurance finns, five (5) of which submitted proposals. Of those five (5) we reduced our review to three (3) finalists. The finalists were Standard (our current life insurance provider), CIGNA (our current LTD provider) and Hartford. Included in our proposal was an increase in insurance coverage for non represented classes of employees. We felt this was necessary due to increases in salary of the affected classes thus providing a level of life insurance coverage which would more appropriately reflect their annual earnings. In doing so this increased our level of insured coverage by $4,156,000. The change in coverage is included in one of the attachments. Union employee life insurance coverage classes remain unchanged. We selected The Hartford (Life Insurance) and CIGNA (LTD) proposal. In selecting this combination we reduced our annual costs by $9,289.51 versus our current costs under Standard/CIGNA. When compared to the Standard/CIGNA quote for increased class coverage our annual savings were $19,821.16. Although the Hartford quote (Life Insurance and LTD) was some $1,367.44 less than the Hartford/Cigna quote, we selected the Hartford/CIGNA combination because of CIGNA's- ability to more effectively coordinate medical/disability infonnation to better provide coordinated services (Health Care & L TD), plus we will not have a transition period from CIGNA to Hartford. In addition both Hartford and CIGNA guaranteed their rates for thirty-six (36) months while Standard only guaranteed their rates for twenty-four (24) months. We request your approval. Cc: F. Babin Our Commitment Is Our Bond D~ t1l~ ! <tk.S City of Delray Beach BEST AND FINAL Rate Exhibit Life and Long Term Disability Insurance · March 1, 2005 Life and AD&D Insurance: The Standard The Standard The Hartford The Hartford Long Term Disability: CIGNA Group CIGNA Group CIGNA Group The Hartford Life and AD&D Insurance Current Renewal Recommendation Proposed Rate Guarantee Expires 2/28/2005 24 months 36 months 36 months Basic Term Life Rate 1 $1,000 $0.36 $0.35 $0.33 $0.305 AD&D Rate 1 $1,000 $0.04 $0.03 $0.03 $0.03 Total Rate 1 $1,000 $0.40 $0.38 $0.36 $0.335 Estimated Volume $35,082,146 $39,238,146 $39,238,146 $39,238,146 Monthly Premium $14,032.86 $14,910.50 $14,125.73 $13,144.78 Annual Premium $168,394.30 $178,925.95 $169,508.79 $157,737.35 $ Increase 1 Decrease N/A $10,531.64 $1,114.49 -$10,656.95 % Increase 1 Decrease N/A 6.3% 0.7% -6.3% Long Term Disability Current Renewal Recommendation Proposed Rate Guarantee Expires 4/30/2005 24 months eff 36 months 36 months 3/112005 L TD Rate 1 $100 $0.66 $0.66 $0.63 $0.66 Estimated Volume $2,890,000 $2,890,000 $2,890,000 $2,890,000 Monthly Premium $19,074.00 $19,074.00 $18,207.00 $19,074.00 Annual Premium $228,888.00 $228,888.00 $218,484.00 $228,888.00 $ Increase N/A $0.00 -$10,404.00 $0.00 % Increase N/A 0.0% -4.5% 0.0% '.,·;co'- TOTAL Current Renewal Recommendation Proposed Monthly Premium $33,106.86 $33,984.50 $32,332.73 $32,218.78 Annual Premium $397,282.30 $407,813.95 $387,992.79 $386,625.35 $ Increase N/A $10,531.64 -$9,289.51 -$10,656.95 % Increase N/A 2.7% -2.3% -2.7% U:\clients\Delray Beach, City of\Employee Benefits\012005 - Delray Beach Life LTD Evaluation City of Delray Beach BEST AND FINAL Life Insurance Evaluation· March 1, 2005 The Standard The Standard The Hartford The Hartford Current Renewal without L TD with L TD Current Class Descriptions RECOMMENDATION Class 1 - City Manager, Assistant City $100,000 $150,000 $150,000 $150,000 Manager, City Attorney & Department Heads Class 2a - Assistant Department Heads, $75,000 $100,000 $100,000 $100,000 Police Legal Advisors, Assistant City Attorneys, Division Heads, Battalion Chiefs & Police Ueutenants earning $75,000 or more annuallv Class 2b - Assistant Department Heads, $75,000 $75,000 $75,000 $75,000 Police Legal Advisors, Assistant City Attorneys, Division Heads, Battalion Chiefs & Police Lieutenants earning less than $75.000 annuallv Class 3 - PBA Bargaining Unit Members $40,000 $40,000 $40,000 $40,000 Class 4 - IAFF Bargaining Unit Members $40,000 $40,000 $40,000 $40,000 Class 5 - NCF&O Bargaining Unit Memben $40,000 $40,000 $40,000 $40,000 earning $25,000 or more Class 6 - NCF&O Bargaining Unit Memben $25,000 $25,000 $25,000 $25,000 earning less than $25,000 Class 7 - All other active employees $40,000 $75,000 $75,000 $75,000 earning $60,000 or more Class 8 - All other active employees $40,000 $60,000 $60,000 $60,000 earning between $40,000 and $60,000 Class 9 - All other active employees $40,000 $40,000 $40,000 $40,000 earning less than $40,000 Class 10 - Retired Members (AD&D Not Amount of life insurance inforce on Amount of life insurance inforce on Amount of life insurance ¡nforce on Amount of life insurance inforce on Available) the day before retirement; exduding the day before retirement; exduding the day before retirement; exduding the day before retirement; exduding AD&D AD&D AD&D AD&D Features '>/ i'" ,',CO." ''',' , _0..',,;-' Accelerated Benefit Amount 75% of amount inforce to a 75% of amount inforce to a 80% of amount ¡nforce to a 80% of amount inforce to a maximum of $500,000 maximum of $500,000 maximum of $150,000 maximum of $150,000 Waiver of Premium Induded Induded Induded Induded Conversion Privileae Induded Induded Induded Induded Age Reduction Schedule Age 65: 65% of amount inforce Age 65: 65% of amount inforce Age 65: 65% of amount inforce Age 65: 65% of amount inforce Age 70: 50% of original amount Age 70: 50% of original amount Age 70: 50% of original amount Age 70: 50% of original amount inforce inforce inforce inforce Higher Education Benefit Addl benefit not to exceed $5,ooO/yr Addl benefit not to exceed $5,ooO/yr Not Available Not Available or cumulative total of $20,000 or or cumulative total of $20,000 or 25% of the ADD benefit, whichever 25% of the ADD benefit, whichever is less is less Career Adjusbnent Benefit Addl benefit not to exceed $5,000/yr Addl benefit not to exceed $5,ooO/yr Not Available Not Available or cumulative total of $10,000 or or cumulative total of $10,000 or 25% of the ADD benefit, whichever 25% of the ADD benefit, whichever is less is less Addl benefit of $10,000 payable Addl benefit of $10,000 payable Addl benefit of 10% of benefit or Addl benefit of 10% of benefit or Seat Belt Benefit with ADD insurance benefit for loss with ADD insurance benefit for loss $10,000 payable with ADD $10,000 payable with ADD of life of life insurance benefit insurance benefit Day Care Benefit Addl benefit not to exceed $5,ooO/yr Addl benefit not to exceed $5,000/yr Not Available Not Available or the cumulative total of $20,000 or or the cumulative total of $20,000 or 25% of the ADD benefit, whichever 25% of the ADD benefit, whichever is less is less Rate Guarant.. Period N/A 24 months 36 months 36 months EmDlover RatIÏ , " " ;':.c' .-i';~--' Basic Term Life Rate I $1,000 $0.36 $0.35 $0.33 $0.305 AD&D Rate I $1,000 $0.04 $0.03 $0.03 $0.03 Total Rate I $1,000 $0.40 $0.38 $0.36 $0.34 Estimated Volume $35,082,146 $39,238,146 $39,238,146 $39,238,146 Monthly Premium $14,032.86 $14,910.50 $14,125.73 $13,144.78 Annual Premium $168,394.30 $178,925.95 $169,508.79 $157,737.35 $ Increase I Decrease N/A $10,531.64 $1,114.49 -$10,656.95 % Increase I Decrease N/A 6.3% 0.7% -6.3% U:\cIients\Delray Beach, City of\Employee Benefits\012005 - Delray Beach Life L TD Evaluation City of Delray Beach BEST AND FINAL Long Term Disability Insurance Evaluation · March 1, 2005 CIGNA Group Benefits CIGNA Group Benefits The Hartford (Current) (Renewal) Schedule of Benefits RECOAfAfENDA TION Eligible Employees All active full time employees All active full time employees All active full time employees that work a minimum of 40 that work a minimum of 40 that work a minimum of 40 hrslweek hrs/week hrs/week Benefit Level 60% of basic monthly 60% of basic monthly 60% of basic monthly eaminas eaminQs eaminQs Maximum Monthly Benefit $5,000 $5,000 $5,000 Elimination Period 60 days 60 days 60 days Any Occupation Period 36 months 36 months 36 months Duration of Benefit Schedule ADEA & SSNRA ADEA & SSNRA ADEA & SSNRA Futures '," . ~'!\!~T -~ Pre-existing Condition Limitation - -- -- 3/12 3/12 3/3/12 Mental Illness, Alcoholism & Drug 24 months 24 months 24 months Abuse Limitation Rehabilitation & Return to Work Company Discretion Company Discretion Included Assistance Benefit Dependent Care Expense Benefit Not Available Not Available Included Survivor Benefit Not Available Not Available Not Available Rate Guarantee Period N/A 36 months 36 months Employer Rates " '< ,,' ,'> LTD Rate I $100 $0.66 $0.63 $0.66 Estimated Volume $2,890,000 $2,890,000 $2,890,000 Monthly Premium $19,074.00 $18,207.00 $19,074.00 Annual Premium $228,888.00 $218,484.00 $228,888.00 $ Increase N/A -$10,404.00 $0.00 % Increase N/A -4.5% 0.0% U:\clients\Delray Beach, City of\Employee Benefits\012005 - Delray Beach Life LTD Evaluation MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER~ AGENDA ITEM ~'- - REGULAR MEETING OF FEBRUARY 15.2005 APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN ELECTION TO: SUBJECT: DATE: February 11,2005 This is before the City Commission to approve the list of poll workers for the First Nonpartisan election to be held on March 8, 2005, and to direct the City Clerk to select a sufficient number of clerks, assistant clerks, inspectors and precinct advisors from the list to work during the election, pursuant to Section 34.02 of the City Code. The list is attached for your review. Recommend approval of the poll workers with direction to the City Clerk to select a sufficient number of workers for the municipal election to be held on March 8, 2005. S.Elections.2005.Agmemo.Approval Pollworkers.March 2005 CITY OF DELRA Y BEACH MUNICIPAL ELECTION MARCH 8.. 2005 [POLL WORKER LIST) CLERK PRECINCT NO. Elaine Moran 4052 - Lakeview Baptist Church Pamela Goodman 4082 - Boca-Delray Church of Christ Rosena Miley 7154 - Pompey Park Recreation Center Harold Wertman 4060 - 505 Club Caryn Stumpfl 4048 - Veterans Park Recreation Susan Litchfield 4084 - St. Paul's Episcopal Church Anthony Debartolo 4080 - Lake Delray Apartments Jay Oberfield 4066 - Pines of Del ray East Ruth Davis 7166 - Village Academy Mildred Piccolo 4012 - Banyan Creek Elementary School Evelyn Spielholz 4058 - Delray Beach Municipal Golf Course Richard Friedman 4072 - Duncan Conference Center Eileen Marks 7150 - Temple Sinai Christopher Clarke 7168 - Community Center Gerald Gonnan 4014 - Pines of Delray North Evelyn Dawson 4050 - Country Manors Association Rhoda Datlof 4166 - Abbey Delray South John McGovern 7142 - Church of the Palms Phyllis Berse 4064 - Orchard View Elementary School Shirley Brody 7144 - Old School SQuare Nathan "Gerry" Jerome 4062 - Emmanuel Catholic Church David Forest 4056 - West Park Baptist Church Jonathan Gottlieb 4013 - Barwick Road Baptist Church CITY OF DELRA Y BEACH MUNICIPAL ELECTION MARCH 8.. 2005 (POLL WORKER LIST) ASSIST ANT CLERK PRECINCT NO. Geraldine Brodsky 4052 - Lakeview Baptist Church Annette Weinreb 4062 - Emmanuel Catholic Church Edna Brookman 4072 - Duncan Conference Center Norman Spiegel 7150 - Temple Sinai Rosalie Granata 4084 - S1. Paul's Episcopal Church Roy Mahoney 4012 - Banyan Creek Elementary School Judith Griffith 4058 - Delray Beach Municipal Golf Course Marcia Lewis 4066 - Pines of Del ray East Sandra Blank 7168 - Community Center Joel Joseph 4060 - 505 Club Edith Frankel 4048 - Veterans Park Recreation Center Freda Nussdors 7166 - Village Academy Bombina Marrone 4082 - Boca-Delray Church of Christ CITY OF DELRA Y BEACH MUNICIPAL ELECTION MARCH 8.. 2005 {POLL WORKER LIST) INSPECTOR PRECINCT NO. Ilene Soyt 4052 - Lakeview Baptist Church Beatrice West 4052 - Lakeview Baptist Church Veronika Morvai 7146 - Lakeview Baptist Church Florence Michelson 7146 - Lakeview Baptist Church Calvin Dever 4082 - Boca- Delray Church of Christ Leonard Alford 4082 - Boca-Delray Church of Christ Matt Atkinson 4082 - Boca Delray Church of Christ Vera Farrington 7154 - Pompey Park Recreation Center Gwendolyn Green 7154 - Pompey Park Recreation Center Mary Wright 7154 - Pompey Park Recreation Center Lidia Nahoum 4060 - 505 Club Richard Gallo 4060 - 505 Club Jeanne Kurth 4060 - 505 Club Doris Lessner 4060 - 505 Club Luise Piane 4070 - 505 Club Renee Blum 4070 - 505 Club Hortence Singer 4018 - Veterans Park Recreation Center Faye Braverman 4048 - Veterans Park Recreation Center David Farber 4048 - Veterans Park Recreation Center Mary Lurvey 4018 - Veterans Park Recreation Center Morton Klibonoff 4018 - Veterans Park Recreation Center Marie Marconi 4018 - Veterans Park Recreation Center Johannes Liu 4084 - St. Paul's Episcopal Church Shirley Glassman 4084 - St. Paul's Episcopal Church Ruth Kahn 4084 - St. Paul's Episcopal Church Louise Edwards 4084 - St. Paul's Episcopal Church Damiel Noto 7176 - St. Paul's Episcopal Church Jack Lessner 7176 - St. Paul's Episcopal Church Anita Berliner 4080 - Lake Delray Apartments Hope Elaine Farber 4080 - Lake Delray Apartments Josephine Leuzzi 4080 - Lake Delray Apartments Joseph Civitano 4066 - Pines of Delray East Rhoda Landsman 4066 - Pines of Delray East Beatrice Rosenberg 4068 - Pines of Delray East Paul Pesale 4068 - Pines of Delray East Muriel Freedman 4068 - Pines of Del ray East Christine Wilson 7166 - Village Academy La Vira Brin 7166 - Village Academy Fred Ash 7166 - Village Academy Joseph Krochak 4012 - Banyan Creek Elementary School Regina Dellon 4012 - Banyan Creek Elementary School Doris Hannum 4012 - Banyan Creek Elementary School Adele Nosowitz 4012 - Banyan Creek Elementary School Lilyan Kanir 4058 - Delray Beach Municipal Golf Course Anthony Mendillo 4058 - Delray Beach Municipal Golf Course Stanford Kalla 4059 - Delray Beach Municipal Golf Course Kathyrn Kearney 4058 - Delray Beach Municipal Golf Course Harvey Kresch 5062 - Delray Beach Municipal Golf Course Marilyn Breslow- Leff 4072 - Duncan Conference Center Gilbert Berliner 4072 - Duncan Conference Center Harry Alter 4072 - Duncan Conference Center Eleanor Morgan 4072 - Duncan Conference Center Janice Magrone 4076 - Duncan Conference Center Alvin Cohen 4076 - Duncan Conference Center Frances Rowland 4076 - Duncan Conference Center Robert Locher 7150 - Temple Sinai Eleanore Kresch 7150 - Temple Sinai Rose Port 7150 - Temple Sinai Kenneth Leiner 7164 - Temple Sinai Julius Seltzer 7164 - Temple Sinai Michael Hersh 7168 - Community Center Mary Howard 7168 - Community Center Esther Huesca 7168 - Community Center Theodore Taldon 4014 - Pines of Delray North Sylvia Cassillo 4014 - Pines of Delray North Donna Zorn 4014 - Pines of Delray North Lee Dennett 4050 - Country Manors Association Dorothy Ford 4050 - Country Manors Association Sylvia Centner 4050 - Country Manors Association Juanita Shaul 4166 - Abbey Delray South Raymond Stulberger 4166 - Abbey Delray South Mary Cassell 4166 - Abbey Delray South Lula Hayes 4166 - Abbey Delray South Betty Dolinsky 7142 - Church of the Palms Sherwood Fedennan 7142 - Church of the Palms 2 S . etta Kalla Doroth Goldber S delle Weinstein Les Frank Alfred R er Stan Saltz M Civitano Frank Golombek Evel Hersh Jean Alter Milton Peresmik Ester Wolmer Ellen Frank Alice Shultz Martin Meltzer Murra Michelson Alice Glassman Sol Friedman Linda Pesale Saltiel Shalom 7142 - Church of the Palms 7148 - Church of the Palms 4064 - Orchard View Element 4064 - Orchard View Element 4064 - Orchard View Element 4064 - Orchard View Element 7144 - Old School S uare 7144 - Old School S uare 7144 - Old School S uare 4062 - Emmanuel Catholic Church 4062 - Emmanuel Catholic Church 4062 - Emmanuel Catholic Church 4062 - Emmanuel Catholic Church 4056 - West Park Ba tist Church 4056 - West Park Ba tist Church 4056 - West Park Ba tist Church 4056 - West Park Ba tist Church 4013 - Barwick Road Ba tist Church 4013 - Barwick Road Ba tist Church 4013 - Barwick Road Ba tist Church School School School School 3 CITY OF DELRA Y BEACH MUNICIPAL ELECTION MARCH 8.. 2005 fPOLL WORKER LIST' PRECINCT ADVISOR PRECINCT NO. Doris Goldberg 4052 - Lakeview Baptist Church Neil Brooks 4082 - Boca-Delray Church of Christ Evelyn Evans 7154 - Pompey Park Recreation Center Norton Rosenberg 4060 - 505 Club Ross Zito 4048 - Veterans Park Recreation Center Philip Dolinsky 4084 - S1. Paul's Episcopal Church Patricia McCray 4080 - Lake Delray Apartments Robert Fox 4066 - Pines of Delray East Gerald Franciosa 7166 - Village Academy Jerome Allen 4012 - Banyan Creek Elementary School Patricia Corbett 4058 - Delray Beach Municipal Golf Course Rafael Huesca, Jr. 4072 - Duncan Conference Center Richard Litchfield 7150 - Temple Sinai Jacob 8abl 7168 - Community Center Betty Doerr 4014 - Pines of Delray North Shirley Kliger 4050 - Country Manors Association Michael Frankel 4166 - Abbey Delray South Elizabeth Murray 7142 - Church of the Palms Lawrence Diou 4064 - Orchard View Elementary School Janice Smith 7144 - Old School Square Helen F ett 4062 - Emmanuel Catholic Church Alvin Heckler 4056 - West Park Baptist Church Edward Haskell 4013 - Barwick Road Baptist Church .;rs MEMORANDUM TO: David T. Harden, City Manager THRU: Lula Butler, Community Improvement Director Kendra W. Graham, C.D. Administrator I/!J FROM: Ferline F. Mesidort, C.D. Specialist DATE: February 11, 2005 SUBJECT: Request for Subordination - Applicant (Clarence and Jeanatta Riley) ITEM BEFORE THE COMMISSION City Commission authorization and approval to subordinate its second mortgage position in the amount of $17,250.00 to allow the homeowners, Clarence and Jeanatta Riley, to refinance the first mortgage due to special mitigating circumstances to avoid foreclosure. BACKGROUND In August of 2000, the Riley's participated in the First-Time Homebuyer's Program and constructed a new home at 110 SW 13th Avenue. Due to personal problems the Rileys have struggled financially for several years and their home is now in foreclosure proceedings. City staff has met with Mr. Riley on several occasions and referred him to the County's Foreclosure Prevention Program. Unfortunately, the Rileys have not been able to resolve their problems and the City has received a request which does not meet the current subordination policies and procedures. Per the provisions of the City's Forgivable Mortgage, in the event the first lender acquires title to the property pursuant to a deed in lieu of foreclosure, the lien of the second mortgage shall automatically terminate upon the first lender's acquisition of title. RECOMMENDATION Staff is recommending City Commission approval of Clarence and Jeanatta Riley's request to subordinate its second mortgage position in the amount of$17,250.00. ~ SUBORDINATION AGREEMENT KNOWN BY ALL THESE MEN BY THESE PRESENTS: That Clarence and Jeanatta Riley, the owner and holder of that certain mortgage from City of Delray Beach to , dated , recorded , in Official Records Book at Page in the Public Records of Palm Beach County, Florida, encumbering property, lying and being situated in said County, to wit: For and in consideration of the sum ofTen Dollars and 00/100 ($10.00), and other good and valuable consideration to them in hand paid them by , the owner of said property, and , the owners of the following described mortgage, hereby makes the lien of their aforesaid to , which subordination shall not be to an amount greater than $ dated , recorded in Official Records Book , at Page in the Public Records of Palm Beach County, Florida. day of 200 Executed this Witness: Print Name: Print Name: By: Title: Mayor The foregoing instrument was acknowledged before me this 200_ by of produced the following type of identification and oath. day of . He/She has and did not take Notary Public State of Florida County of Palm Beach County, FL Agenda Item No.: <ß N\ AGENDA REOUEST Request to be placed on: ______ Regular Agenda _ Special Agenda _ Workshop Agenda _ Consent Agenda Date: February 11, 2005 When: February 15,2005 Description of item: Authorization and approval to subordinate the City's second mortgage position in the amount of $17,250 to allow Clarence and Jeanatta Riley to refinance their mortgage due to special mitigating circumstances to avoid foreclosure. Recommendation: Staff recommends approval and execution of the subordination agreement. Department Head Signature: ~þ d --==- City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda: Hold Until: ::ÇS ~O Agenda Coordinator Review: Received: Placed on Agenda: FROM: CITY COMMISSION DOCUMENTATION DAVI~~ MANAGER PAul ~RLING~ DIREð~R OF PLANNING AND ZONING ...----"--"J ' ROBERT G. TEFFT, SENIOR PLANNER~ ~~_.._.- MEETING OF FEBRUARY 15,2005 CONDITIONAL USE REQUESTS TO ALLOW A DENSITY IN EXCESS OF 30 UNITS PER ACRE (38.8 DUlAC PROPOSED) AND TO ALLOW FOR A BUILDING HEIGHT UP TO 58'·4" IN THE CENTRAL BUSINESS DISTRICT. THE REQUESTS ARE IN CONJUNCTION WITH FIRST AVENUE TOWN HOMES, A PROPOSED 46-UNIT RESIDENTIAL DEVELOPMENT LOCATED ON THE EAST SIDE OF SE 1ST AVENUE, APPROXIMATELY 76.5' SOUTH OF SE 1ST STREET. o~ ~ I TO: THRU: SUBJECT: BACKGROUND The conditional use requests are associated with the establishment of a 46-unit residential development, known as First Avenue Townhomes. The development proposal consists of the demolition of four existing single-family residences; the construction of two (2) three-story townhouse structures along SE 1 st Avenue consisting of 16 town homes with rear loaded two-car garages; the construction of a five-story condominium building along the alley abutting the east side of the property containing 30 condominiums. The first level of the condominium building will consist of a 57 space parking garage with loading area, refuse area, and entrance lobby for the condominium building. The development will also include a swimming pool/spa and two (2) large planters on an elevated deck between the townhouse and condominium buildings. Conditional use approval has been requested to allow a density in excess of 30 units per acre (38.8 du/ac is proposed) and to allow for a building height for a portion of the east condominium building of up to 60' (58'-4" is proposed). A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report of January 24, 2005. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of January 24, 2005, the Planning and Zoning Board held a public hearing in conjunction with the conditional use requests. Presentations were made by staff and the applicant. There was one comment from the public regarding whether the width of the adjoining alley would be increased. The Board had discussions regarding the appropriateness of conditional use requests for both increased height and increased density on the same property. After their deliberations, the Board moved a recommendation of approval for the conditional use request to allow for a building height of 58'_4" on a vote of 4-0 (Pike stepped down, Kincaid absent), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to the conditions listed in the Planning and Zoning Board staff report. The Board also moved a recommendation of approval for the conditional use request to allow for a density of 38.8 du/ac; however the motion failed on a vote of 2-2 (Borchardt and Walker dissenting, Pike stepped down, Kincaid absent). <1~ City Commission Documentation Conditional Use - First Avenue Townhomes Page 2 RECOMMENDED ACTION By Separate Motions: o Move a recommendation of approval of the conditional use request to allow for a building height in excess of 48' (58'-4") for First Avenue Townhomes, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), and Chapter 3 of the Land Development Regulations, subject to the conditions listed in the Planning and Zoning Board Staff Report; and o Move a recommendation of approval of the conditional use request to allow for a density in excess of 30 units per acre (38.8 du/ac) for First Avenue Townhomes, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to the conditions listed in the Planning and Zoning Board Staff Report. Attachments: Planning and Zoning Board Staff Report of January 24, 2005 PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING DATE: AGENDA ITEM: ITEM: January 26, 2004 IV. E. Conditional Use Requests to Allow for a Residential Development with a Height in Excess of 48' (58'-4" Proposed) and to Allow for a Density in Excess of 30 Units Per Acre (38.8 du/ac Proposed) within the Central Business District (CBD), for the First Avenue Townhomes Development (Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant............. 169 Delray, LLC Agent............................. Weiner & Aronson, P.A. Location......................... East Side of SE 1 st Avenue, Approximately 76.5' South ot SE 1st Street Property Size................. 1.18 Acres Future Land Use Map.... Commercial Core Current Zoning............... Central Business District (CBD) Adjacent Zoning North: Central Business District (CBD) South: Central Business District (CBD) East: Central Business District-Railroad Corridor (CBD-RC) West: Old School Square Historic Arts District (OSSHAD) Existing Land Use.......... Single-Family Residences Proposed Land Use....... Residential Water Service................ Available Via a service lateral connection to the existing eight inch (8") water main located within the SE 1 st Avenue right-ot-way Sewer Service................ Available via a service lateral connection to the existing eight inch (8") sanitary sewer main located within the adjacent alley to the east II I I I I I II ~I It--i t;LlJ ¡ HE ~ 7~ ~ n ;n~ :D~ '~D ~~~~I ~DJJJ ~g~~~~ [llllJ 0I1/1 h I ATLANTIC AVENUE 1 I DIIJJJ ITIIIJJ , [ ~~ I~~;>E 1í - - - ~ - - ----I~ ~I - - I _ z~- - , - - - fJj' - ~- ~ ^ .;; ~ z _ ( '--==- - S£. µ. jjij) ~ ~ f-- f-- f--- f-- f-- f-- - ~ - - - - ..- ._ 1'_ <.j - - F~ - - '--- I- S.E. I---- I---- - f- r- f- f- I- I- f- l- I- i- I- f- -- f--r- f- - f--- f- - f-- f- _ f-- -- - ---c --4J - f- IV. E. I·..::r.--c:-!!'!?'....···:;f~, ....': "';:~.~~';'-~"l~O·~-Rro . ~... --.....". -. .. ~"'", "~ ~<.':~" -~. ~ ~ . - __"... :"J._.... ~ -.. . ...~:;;'.~~"- .', I The action before the Board is making a recommendation to the City Commission on the following requests for conditional use approval pursuant to LOR Section 2.4.5(E): o To allow an increase to a maximum height of 60' [LOR Section 4.3.4(J) (4) (b)]; and o To allow a density exceeding 30 units per acre in the Central Business District (CBD) [LOR Section 4.4.13(0) (15)]. The requests are in conjunction with First Avenue Townhomes, a proposed 46 unit residential development located on the east side of SE 1st Avenue, approximately 76.5' south of SE 1st Street. J~~P:"~'~ .' '. 'I": ... ... .. -. ,I" I'"l . ..~! :-... I .. .,."c.." BÄeRG'RôuAb . " t The subject property consists of Lots 2-6, Block 78, Town of Linton Plat and is approximately 1.18 acres. The property is located within the Central Core region of the Central Business District (CBD) on the east side of SE 1st Avenue, approximately 76.5' south of SE 1st Street and currently contains four (4) single-family residences that are to be demolished with the development proposal. The conditional use requests involve the construction of a 46 unit residential development on the subject property with a maximum height of 58'-4" and a density of 38.8 dwelling units per acre. The development proposal incorporates the following: LI Demolition of the four (4) existing single-family residences; LI Construction of two (2) three-story townhouse structures along SE 1st Avenue consisting of 16 town homes with rear loaded two-car garages; LI Construction of a five-story condominium building along the alley abutting the east side of the property consisting of 30 condominiums. The first level of the condominium building will consist of a 57 space parking garage with loading area, refuse area, and entrance lobby for the condominium building; and LI Construction of a swimming pool/spa and two (2) large planters on an elevated deck between the townhouse and condominium buildings. The applicant has submitted a development narrative, which describes the development proposal as follows: "The proposed residential project includes 46 one, two and three bedroom units with related amenities. The project sits along SE 1st Avenue, between SE 1st and 2"'d Streets in the CBD (Central Business District) zoning district, but directly across the street from the OSSHAD (Old School Square Historic Arts District) district. In order to harmoniously coexist with the OSSHAD district, the project has been designed on the Mediterranean Revival style present in the historic district. Shaped parapets, barrel tile roofs, arched entrances, stucco exterior, and arched wing walls are a few of the architectural elements present in the project. A combination of roof types (gable, hip, shed and flat) also break- up the continuous façade along ESE 1st Avenue] to add interest to the project and break- up the style as required by the Defray Beach Design Guidelines': "The project includes three distinctive elements. First, the townhouse type units that sit along SE 1st A venue. This portion of the building is kept at three stories in height, with Planning and Zoning Board Staff Report First Avenue Townhomes - Conditional Use Requests Page 2 the objective of matching the required building heights on the OSSHAD district across the street. The design of the project forfeits the allowable fourth story along [SE 1st Avenue] in order to be contextual to the OSSHAD district". "The second element is a five-story condominium structure, which sits directly behind the townhouse units. These five stories taper down along the building ends, reducing the building height along the ends to four stories. This is done in an attempt to be contextual with what can potentially be four-story neighboring buildings. In addition, the fifth story is broken down three times along the building, in order to further reduce its massing and scale': "The third distinctive element of the project is the plaza level, which divides [the] three- story townhouses [from] the five-story structure. The plaza level includes lush planters to visually screen the residential units, private teffaces, and a pool deck. The pool deck is accessible from the second floor of the five-story structure. Other building amenities include an exercise room and a library". J]!~~~': -~~~ :.": .:. ":'; . .':".": "::"'è1JÑDlTiQ_'lsE~NÃtŸS·IS ~~.~" ." . ." " " ... " ... , . . h" " .;..' .. "" ..:.' 'Þ.-'o'"lt!' t .. ..4 REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of CBO, which are consistent with one another. Pursuant to LOR Section 4.4.13(0) (15), multiple-family dwelling units, excluding duplexes, are permitted through the conditional use approval process at a density greater than 30 units per acre on property located south of NE 2nd Street and north of SE 2nd Street, subject to the standards and limitations of LOR Section 4.4.13(1). As discussed later in this report, positive findings can be made with respect to the referenced performance standards; thus positive findings can be made with respect to FLUM consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Orainaae: Preliminary drainage plans indicate that drainage will be accommodated via exfiltration trench. There are no problems anticipated in accommodating on-site drainage. Based upon the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its' conclusion that &&The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LOR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for Planning and Zoning Board Staff Report First Avenue Townhomes - Conditional Use Requests Page 3 each unit. A total fee of $23,000 will be required of this development for parks and recreation purposes. Schools: The Palm Beach County School District must approve the development proposal for compliance with the adopted level of Service for School Concurrency. Verification from the Palm Beach County School District is pending and a written finding of approval from the School District is attached as a condition of approval. Solid Waste: The four (4) existing single-family dwellings that are to be demolished generate 7.96 tons of solid waste per year. The proposed 46 residential units will generate 23.92 tons of solid waste per year (46 units x 0.52 tons = 23.92 tons), thus resulting in an increase of 15.96 tons of solid waste generated per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a positive finding with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC and OSSHAD. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement has been submitted indicating the generation of 29 AM peak hour trips and 33 new PM peak hour trips. Water and Sewer: Water service is proposed via a service lateral connection to the existing eight inch (8") water main located within the SE 1st Avenue right-of-way. Sewer service is proposed via a service lateral connection to the existing eight inch (8") sanitary sewer main located within the adjacent alley to the east. Fire protection is proposed to be provided via an existing fire hydrant located at the northeast corner of SE 1st Avenue and SE 1st Street; however this hydrant along can not provide adequate fire protection for the development as portions of the property will be further than 300' from its location [ref.: lOR Section 6.1.10(B) (2) (b)]. Thus, it is attached as a condition of approval that at least one additional fire hydrant is provided to serve this development. It is noted that a hydrant may need to be provided along the alley in order to provide adequate protection to the five-story condominium building. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to these levels of service standards, subject to the outlined conditions. CONSISTENCY: Compliance with peñormance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5{E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use applications are noted: Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. Planning and Zoning Board Staff Report First Avenue Townhomes - Conditional Use Requests Page 4 The property is developed and contains four (4) single-family dwellings. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed residential development. The development has been designed with the height limitations of the adjacent Old School Square Historic Arts District (OSSHAD) in mind by placing the three-story town homes toward the west side of the property and the five-story condominium building toward the east side of the property. The three-story structures are consistent with the height limitations of the OSSHAD district and should not overwhelm development within the district. Additionally, the residential development will be complimentary with nearby commercial developments and provide a customer base for the businesses on a year-round basis, which will provide further economic stability for the downtown area. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area': The proposed development will help to fulfill this stated land use need by providing 46 additional dwelling units within the downtown area, and is therefore consistent with this policy. Future Land Use Element Obiective C-4: The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective: Policy C-4.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: [J Deletion of inappropriate uses; [J Incentives for locating retail on the ground floor with office and residential use on upper floors; [J Accommodating parking needs through innovative actions; [J Incentives for dinner theaters, playhouses, and other family oriented activities; [J Allowing and facilitating outdoor cafes; [J Incentives for mixed use development and rehabilitation; [J Elimination of side yard setback requirements; and [J Allow structural overhang encroachments into required yard areas. The development proposal consists of the demolition of four (4) nonconforming single-family dwellings within the CBD and the construction of 46 multiple-family residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural venues and parks. They will interact on a regular basis with the storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will become major participants in, and contributors to, the downtown community. The First Avenue Townhomes development proposal is consistent with Future Land Use Element Policy C-4.1 as it will facilitate the continued rehabilitation and revitalization of the CBD zoning district. Planning and Zoning Board Staff Report First Avenue Townhomes - Conditional Use Requests Page 5 Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Given the potential impacts the proposed residential development will have on the surrounding road network and the location of a Palm Tran bus stop at the southeast corner of SE 1st Avenue and SE 1 st Street (immediately to the north), it is appropriate that the development contribute toward the provision of a bus shelter at this location. Thus, it is attached as a condition of approval that a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to certification of the site plan for the development. Subject to this condition of approval being addressed, the development will comply with Transportation Element Policy A-1.3. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal has accommodated a bicycle parking facility (i.e. bike rack) on site. While it is anticipated that residents of the development will keep their bicycles within their garages and/or units, the provision of a bicycle parking facility has been made for guests along the sidewalk adjacent to the parking garage entrance from SE 1 st Avenue. Based upon the above, the development will comply with Transportation Element Policy 0-2.2. Open Space and Recreation Element Policy A-3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc. and there are other cultural and recreational opportunities located in the downtown that are not readily available to residents of suburban apartment complexes. However, the proposed development does provide some recreational facilities to its residents, such as a swimming pool and an exercise facility . Some of the recreational, cultural and open space opportunities located in proximity to the First Avenue Townhomes development include: Veteran's Park, which includes a large playground and recreational area; the Municipal Beach, the City's Tennis Center, and the Old School Square Cultural Center. As playground areas are located close by and other facilities that can be utilized by children, such as the pool, the intent of this policy will be met. Based on the above, it is appropriate to waive this requirement to provide these services entirely on site. Houslna Element Obiective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Houslna Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and Planning and Zoning Board Staff Report First Avenue Townhomes - Conditional Use Requests Page 6 shall be required to provide three (3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill projects having fewer than 25 units. This project will not be restricted to occupancy by adults only. However, it is acknowledged that downtown dwellings are not typically occupied by households with children. This complex will primarily accommodate young and middle-age professionals. The development will provide a mix of one, two, three and four-bedroom units. Thus, the development proposal meets the requirements of Housing Element Policy 8-2.2. Housina Element Policy B-2.6: Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. In order to help stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area is discouraged. The development proposal is consistent with Housing Element Policy 8-2.6 as it provides the desired type of residential development within the C80. Housina Obiective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Houslna Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the residents of this development will aid in the economic stability of the downtown area. However, the introduction of additional residential dwelling units will also likely improve the safety of the area by introducing more nighttime activity and more "eyes" to observe what is happening in the area, which should be a deterrent to criminal activity. While the development proposal will result in additional 29 AM and 33 PM peak hour trips onto the surrounding roadway network, the number of daily trips generated will not negatively impact the area. 8ased upon the above, the development proposal will be consistent with Housing Policy A-12.3. REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT: Structures in the C80 may generally be no more than 48' high, unless conditional use approval is granted to exceed this standard to a maximum of 60'. Height is measured from the crown of the road to the top of a flat roof, or to the midpoint of a pitched roof. The proposed residential development has a mixture of flat and pitched roofs with the maximum height measuring 58'-4". It is noted that the request for the increase in height pertains only to the five-story condominium structure as the three-story townhouse structure meets the requirements of LOR. Additionally, the development application was submitted prior to the adoption of the text amendment (January 4, 2005) pertaining to the creation of a 150' buffer where an increase to the height limitations could not be requested when adjacent to a zoning district which has a maximum height limit of 35'. Planning and Zoning Board Staff Report First Avenue Townhomes - Conditional Use Requests Page 7 Pursuant to LDR Section 4.3.4(J) (4) (b), the City Commission may approve an increase in height to a maximum height of 60' pursuant to the processing of a conditional use request and based upon a finding of compliance with each of the enumerated criteria listed below. (i) That the structure is to be located in one of the following geographic areas: (9) Area "I" - all property within the Central Core portion of the CBD (Central Business District). The subject property is zoned CBD and is located west of the Intracoastal Waterway. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48', except for the following situati~~s: (1) An increase in intensity is allowed when the increase from 48' to 60' is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in intensity is only for the added residential use area; The proposed structure consists of four (4) levels of residential dwelling units above a ground floor parking garage. Thus, the requested increase in height is to accommodate residential uses on the top floor of the structure, which is consistent with this criterion. (iii) That the increase in height is based on or will result in one or more of the following: (1) A demonstrable need that, in order to accommodate the nature of a particular use or a particular matter or type of construction, a greater than normal space between floors or height of story is necessary; (2) That 75% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; or (3) That for each foot in height above 48', an additional building setback of two feet (2') is provided from the building setback lines which would be established for a 48' tall structure. The additional setback is required from all setback lines. The development proposal meets criterion #2, above, as approximately 96.9%) of the total ground floor area of the condominium structure has been devoted to parking and/or vehicular traffic circulation. A finding of compliance with the enumerated criteria listed above can be made to support the request to allow the proposed residential structure to exceed the standard 48' height limitation to a maximum of 58'-4". LDR Section 4.4.13(1) - Periormance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 30 dwelling units per acre in the Central Core. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of LDR Planning and Zoning Board Staff Report First Avenue Townhomes - Conditional Use Requests Page 8 Section 2.4.5{E) and other applicable standards of the Comprehensive Plan and land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. The proposed development consists of 46 residential dwelling units on a 1.18 acre parcel of land, which results in a density of 38.8 dwelling units per acre. The development is located in the CBO zoning district, which allows the residential density to exceed 30 units per acre subject to conditional use approval. The analysis with respect to LOR Section 4.4.13(1) and other relevant section of the LOR is provided below. (2) The applicable peñormance standards for development exceeding 30 units per acre within the Central Core are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. The proposed residential development is consistent with this performance standard. The townhomes, which front SE 1st Avenue, incorporate several differing window and door shapes, three (3) differing balcony styles, window mullions, decorative shutters and variations in roof forms, all of which provide interest to the elevations and offer relief to the building mass. Based upon the above, the intent of this performance standard has been achieved. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. Development of a portion of the ground floor perimeter adjacent to street rights-of-way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. The development proposal does incorporate a parking garage on the ground level. The garage is located behind (east of) the townhomes and therefore is not visible from SE 1st Avenue within the exception of the entrance. The side and rear elevations of the parking garage have been designed with decorative openings consistent with the architecture of the development as well as with colors and materials compatible with the balance of the elevations. However, modifications are necessary to fully blend the elevations together. It is attached as a condition of approval that the openings at the center of the side elevations are closed and that architectural treatments are provided so that blank walls are not provided. The openings are consistent with the location of the principle drive aisle within the parking garage; therefore the opening is a concern with regard to vehicle headlights shining onto adjacent properties as well as noise. With regard to the rear elevation, the fifth opening from the south end of the building has not been designed in a manner consistent with the balance of the rear elevation openings and must be redesigned. Additionally, the proposal includes metal panel garage and refuse enclosure doors. The metal doors are inconsistent with the materials on the balance of the structure and should be replaced with wood doors. Based upon the above and subject to the conditions of approval being addressed. the intent of this performance standard has been achieved. Planning and Zoning Board Staff Report First Avenue Townhomes - Conditional Use Requests Page 9 (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 250/0 of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The development proposal includes 16 townhomes units and 30 condominium units (46 units total). While the townhomes are all three-bedroom dwelling units, the units still provide the multi-level style desired by this performance standard. The condominiums provide the desired mix of one, two, three and four-bedroom dwelling units with six (6) different floor plans. In total, there are 20 one-bedroom dwelling units ranging in size between 910 and 1,209 square feet; six (6) two-bedroom dwelling units that are 1,694 square feet each; 18 three-bedroom dwelling units ranging in size between 1,516 and 1,717 square feet; and two (2) four-bedroom dwelling units that are 2,114 square feet each. Based upon the above, the intent of this performance standard has been achieved. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. Examples of some features that could be incorporated to meet this standard are: freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building(s); pedestrian amenities such as benches, shaded walkways, and decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of building(s); focal points such as public art, water feature/fountain, courtyard or public plazas designed to connect different uses along a continuous pedestrian walkway; or a combination of similar features that meet the intent of this standard. The two halves of the development have been designed with a consistent Mediterranean Revival architectural style. While the parking area of the development is located beneath the buildings, thus limiting the projects ability to incorporate some of the suggested features into its design, the project does provide a common landscaping along SE 1st Avenue. Additionally, the two halves of the development are unified through the "plaza level", where the town homes and condominium each have access to the swimming pool and the large raised planters. The "plaza level" provides the development an internal focal point whère the residents will be able to interact with one another. Based upon the above, the intent of this performance standard has been achieved. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and/or amenities. The development proposal has made provisions for a swimming pool, an exercise room, a library, and covered parking spaces. Based upon the above, the intent of this performance standard has been achieved. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas Planning and Zoning Board Staff Report First Avenue Townhomes - Conditional Use Requests Page 10 adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). The townhouse dwelling units fronting on SE 1 st Avenue have direct access to the public sidewalk system from their front doors. The condominium dwelling units will also have convenient access to the public sidewalk via a paver brick walkway leading from the parking garage lobby to through the landscape area adjacent the SE 1st Avenue entrance to the public sidewalk. The SE 1st Avenue streetscape will be enhanced through the provision of ten (10) on- street parking spaces with associated landscape nodes, and the installation of a paver brick sidewalk within the right-of-way. While decorative light poles have been indicated at the developments SE 1st Avenue entrance, no street lighting has been indicated on the plans. Light poles and fixtures consistent with those along East Atlantic Avenue should be installed adjacent to the subject property along SE 1 st Avenue where they do not presently exist and/or to replace inconsistent light poles and fixtures, and is attached as a condition of approval. Based on the above and subject to the attached condition of approval being addressed, the intent of this performance standard will be achieved. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development proposal consists of only enough parking to satisfy its own demands; thus no opportunity is provided to share parking with adjoining properties. However, the development proposal does provide for ten (10) parking spaces within the SE 1st Avenue right-of-way. Based upon the above, the intent of this performance standard will be achieved. (h) Projects fronting on Atlantic Avenue, NW I SW 5th Avenue, NE 1st Street or SE 1st Street contain nonresidential uses on the ground floor. At least 75% of the suñace area of the front street wall{s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. The subject property does not have frontage on Atlantic Avenue, NW I SW 5th Avenue, NE 1st Street or SE 1st Street. Therefore, the development proposal is not subject to the above performance standard. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. If necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. The subject property does not contain any existing native vegetation worthy of preservation. However, via the use of raised planters, the project does provide landscaping on the "plaza level" that demonstrates innovative design and are located in Planning and Zoning Board Staff Report First Avenue Townhomes - Conditional Use Requests Page 11 such a way that each dwelling unit within the development, as well as the common areas, receives the benefits provided by the landscaping. The "plaza level" also provides the development an internal focal point where the residents will be able to interact with one another. The landscape plan includes the provision of 22 interior shade trees when none are required and 32 native trees when only 2 are required. Only 382 square feet of native vegetation is required, however 3,500 square feet of native vegetation is to be provided. Further, the landscape plan includes the provision of several trees/palms that exceed the minimum height requirements (i.e. 14' Pigeon Plum trees, 16'-18' Green Buttonwood trees, and 18'-20' Montgomery Palms). Of the nine (9) performance standards contained in LOR Section 4.4.13(1), the development proposal complies with six (6) outright and can achieve compliance with two (2) additional performance standards when the attached conditions of approval are addressed. The remaining performance standard is not applicable based upon the location of the subject property. However, given the level of achievement with the performance standards it is appropriate to grant the requested increase in density, subject to the attached conditions of approval being addressed. LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zonina: Central Business District (CBD) Central Business District (CBD) Central Business District-Railroad Corridor (CBD-RC) Old School Square Historic Arts District (OSSHAD) The development proposal will significantly enhance the aesthetics of the subject property unifying the parcels under a single development. Further, the neighborhood and the downtown as a whole will benefit by the inclusion of new residential dwelling units. Use: North South East West Vacant Retail and Office Retail, Repair and Contractor's Offices Single-Family Dwellings Increase in Heiaht: The increase in building height over the standard 48' will not be detrimental to the surrounding neighborhood. As discussed previously, the conditional use for the increase in height only applies to the five-story condominium building and not the three-story townhomes that front SE 15t Avenue. The condominium building is set back approximately 69' from SE 1 st Avenue, thus the structure will not loom over the adjoining OSSHAD zoned single-family dwellings, which have a lesser height restriction of 35'. There will not be an adverse impact on the abutting properties to the north and south as the north and south ends of the building have been stepped Planning and Zoning Board Staff Report First Avenue Townhomes - Conditional Use Requests Page 12 back leaving a 46'-6" building (50' to top of parapet) abutting the property lines. The properties to the east will also not be adversely impacted as a similar development scenario would be possible given the zoning and separation from zoning districts with lesser height requirements. Increase in Densitv: The stability of the downtown area will be significantly enhanced by the addition of the 46 residential dwelling units that will patronize area businesses and contribute to the long term revitalization of the downtown. They will help to create and sustain a demand for goods and services within the downtown area, such as clothing stores and food markets, which will enhance commercial rents and property values. As discussed previously, the development proposal is located within the TCEA. Traffic in the downtown area has increased significantly since the mid-1990's when the revitalization began to take off and it has not at all deterred people from visiting the Central Business District. Stop and go traffic and congested sidewalks are indicative of successful, healthy downtowns, and tend to attract more people and greater investment in the area. Trips associated with this residential development will principally occur during the AM and PM peak hours, and will not be substantially higher than that of the current uses. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E) (5) for the conditional requests pertaining to an increase in building height to a maximum of 60' (58'-4" proposed) and to allow a density in excess of 30 units per acre (38.8 du/ac proposed). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the conditional use requests, a site plan in substantial compliance with the submittal requirements for a site plan application was submitted and has been reviewed by staff. If the conditional uses are approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the site plan, the following analysis is provided: Buildina Setbacks: Pursuant to LDR Section 4.4.13(F) (3) (i), building frontage and setbacks for properties fronting on streets other than Atlantic Avenue or A-1-A shall comply with Table 4.4.13-2 of the LDR. The development proposal is consistent with the requirements of this table as it pertains to "Other Rights-of-Way" (SE 1st Avenue). Parkina Reauirements: Pursuant to LDR Section 4.4.13(G) (1) (e), the parking requirements for one, two and greater bedroom dwelling units within a multiple-family structure located within the CBD are to be provided as follows: Base Parking: One-Bedroom: Two-Bedroom or Greater: 1.25 spaces / unit 1.75 spaces / unit 0.50 spaces / unit 0.30 spaces / unit 0.20 spaces / unit Guest Parking: For the first 20 units For units 21 - 50 For units 51 and above The development proposal consists of 46 residential dwelling units, 20 of which are one- bedroom dwelling units and the remaining 26 are two-bedroom dwelling units or greater. Based upon the above, the development proposal requires 88.3 (89) parking spaces. The Planning and Zoning Board Staff Report First Avenue Townhomes - Conditional Use Requests Page 13 development proposal includes the provision of 89 parking spaces; thereby meeting the requirement. Compact Parkinq: Pursuant to LOR Section 4.6.9(C) (1) (g), up to 30%) of the required parking for any use may be designated for compact cars. The development proposal includes 17 compact parking spaces located within the parking garage. This represents approximately 19.1 % of the total spaces, thus meeting the requirement. Handicapped Accessible Parkina: Pursuant to LOR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act, two percent (2%) of the parking spaces serving the development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the 89 parking spaces provided, the development must provide a minimum of two (2) handicap accessible parking spaces, both of which have been provided. On-Street Parkina: Although not counted toward meeting the parking requirements for the project, ten (10) public parking spaces are being provided by the developer within the SE 1 st Avenue right-of-way. Although available to the general public, these spaces should help meet the shorter term parking requirements of residents and guests of the project. A maximum time limit of two (2) hours during the daytime should be imposed by the City to prevent long term parking. Liahtina: A photometric plan has been submitted for the development proposal; however it is not consistent with the requirements of LOR Section 4.6.8 with regard to maximum or average illumination levels. A photometric plan consistent with the requirements of LOR Section 4.6.8 must be submitted during the site plan review process and is attached as a condition of approval. Also, as noted previously, it has been attached as a condition of approval that light poles and fixtures consistent with those along East Atlantic Avenue are installed adjacent to the subject property along SE 1st Avenue where they do not presently exist and/or to replace inconsistent light poles and fixtures. . Dedication of Riahts-of-Wav: SE 1st Avenue: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for SE 1 st Avenue is 60' and only 40' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right-of-way width. The City Engineer and DSMG have reviewed the request for a reduction in right-of-way width and have determined that a reduction in right-of-way width to 50' would be sufficient for this section of SE 1st Avenue. Based upon the above, a dedication of five feet (5') of right-of-way is required and has been depicted on the proposed development p1ans. It is attached as a condition of approval that the dedication of five feet (5') of right-of-way for SE 1st Avenue is made as part of the associated plat for the development. Planning and Zoning Board Staff Report First Avenue Townhomes - Conditional Use Requests Page 14 Allev: Pursuant to LDR Section 5.3.1 (D) (2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1 (D) (3), additional right-of-way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. Such a determination shall be advanced by a recommendation from the City Engineer. The authority for requiring such additional right-of-way shall rest with the body having the approval authority of the associated development application. The currently dedicated alley right-of-way is 16' with a paved width of approximately 14'. The development proposal will provide back-out parking spaces and garbage pick-up off the alley. The City Engineer and DSMG have determined that the width of the alley should be expanded to a width of 20', which is consistent with the widths provided with recent redevelopment proposals. Therefore, a dedication of two feet (2') from the subject property is required from this development and has been depicted on the site plan. It is noted that additional pavement east of the eastern right-of-way line will be required with this development and this has been attached as a condition of approval. Plat: As the development proposal includes the dedication of right-of-way for SE 1st Avenue and the adjacent alley, as well as the combination of several parcels of land, a plat must be processed and recorded prior to issuance of a building permit and is attached as a condition of approval. tBJt.~:- ~".: '.: .... ~. :. ~·~~~rt~REŸrÉ~;EiVl'è"Ti:ï6·":-R·"'S~¡.t~:~;-{':·ff: :t::~.:· jI''''I.. . -. ...... ~..!...........·I"!",,,· -. ~4P" -. ._ ... .... . ."':" . ..: "~I . ." :. .:.... Community Redevelopment AQencv: At its meeting of January 13, 2005, the Community Redevelopment Agency (CRA) reviewed the development proposal and recommended approval of the conditional use requests. Downtown Development Authority: At its meeting of January 10, 2005, the Downtown Development Authority (DDA) reviewed the development proposal and recommended approval of the conditional use requests. Site Plan Review and Appearance Board (SPRAB): If the conditional use requests are granted, a site plan application addressing the outstanding technical comments would need to be approval by the SPRAB. Final action on the site plan will rest with the SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: o Delray Beach Chamber of Commerce o President's Council o Progressive Residents of Delray (P.R.D.D.) Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report First Avenue Townhomes - Conditional Use Requests Page 15 The proposed conditional uses are to allow for a residential structure having a height in excess of 48' (58'-4" proposed) and to allow for a density in excess of 30 units per acre within the CBO (38.8 du/ac proposed). As described in this staff report the request for additional height meets with the criteria established in LOR Section 4.3.4(J) (4) (b), and the increase in density above 30 units per acre is supportable as the project meets the majority of the applicable Performance Standards found in LOR Section 4.4.13(1) and can meet the balance of the Performance Standards provided the attached conditions of approval are addressed. The provision of additional residential dwelling units within the downtown area will further the long term revitalization and stabilization of the CBO. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LOR. Positive findings can be made with respect to LOR Section 2.4.5(E) (5) regarding compatibility of the proposed development with the surrounding properties regarding the requested increases in building height and density. It is noted that pursuant to LOR Section 4.4.13(1) (1), despite the fact that the project meets the performance standards, the Board may deny the application for increased density if the Board does not agree that the proposed changes are compatible in terms of building mass and intensity of use with surrounding development. ~ ~,"P"~~:'.~,~~~''''':'~''''. ~~"!'~..... .....:~ ,..._~~~.. -. .......~,~...-:" .! .i~:··-".:.,~:.~,~·"·-~ - ,.".<.;': ;:...~.....::-' ~~ I;RrtJ\lIYE,:,,,,CTIONS :: ·1 A. Continue with direction. B. Move a recommendation of approval of the conditional use requests to allow for a building height in excess of 48' (58'-4") and a density in excess of 30 units per acre (38.8 du/ac) for First Avenue Townhomes, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use requests to allow for a building height in excess of 48' (58'-4") and a density in excess of 30 units per acre (38.8 du/ac) for First Avenue Townhomes, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(1), and Chapter 3 of the Land Development Regulations. . - ·\)MMÊÑLfËQ~ÄëtïõN')· ~:'.. -..... ....""'- By Separate Motions: o Move a recommendation of approval of the conditional use request to allow for a building height in excess of 48' (58'-4") for First Avenue Townhomes, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), and Chapter 3 of the Land Development Regulations; o Move a recommendation of approval of the conditional use request to allow for a density in excess of 30 units per acre (38.8 du/ac) for First Avenue Townhomes, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.4.13(1), and Chapter 3 of the Land Development Regulations; Planning and Zoning Board Staff Report First Avenue Townhomes - Conditional Use Requests Page 16 With said approvals to be subject to the following conditions: 1. That the outstanding technical comments listed in Appendix "A" are addressed prior to site plan approval; 2. That the Palm Beach County School District approves the development proposal for compliance with the adopted Level of Service for School Concurrency and that written verification of such is provided from the Palm Beach County School District; 3. That at least one additional fire hydrant is provided to serve this development and meet the separation requirements of LOR Section 6.1.1 O(B) (2) (b); 4. That a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to certification of the site plan for the development for the provision of a Palm Tran bus stop shelter at the corner of SE 1st Street and SE 1st Avenue; 5. That the openings at the center of the side elevation~ are closed and that architectural treatments are provided so that blank walls are· not provided; 6. That the fifth opening from the south end of the building's rear elevation is designed in a manner consistent with the balance of the rear elevation openings; 7. That metal panel garage and refuse enclosure doors are replaced with wood doors; 8. That light poles and fixtures consistent with those along East Atlantic Avenue are installed adjacent to the subject property along SE 1st Avenue where they do not presently exist and/or to replace inconsistent light poles and fixtures; 9. That a photometric plan consistent with the requirements of LDR Section 4.6.8 is submitted during the site plan review process; 10. That a dedication of five feet (5') of right-of-way for SE 1st Avenue is made as part of the associated plat for the development; 11. That a dedication of two feet (2') of right-of-way for the adjacent alley is made as part of the associated plat for the development; 12. That additional pavement east of the eastern right-of-way line of the alley is provided; and 13. That a plat is processed and recorded prior to issuance of a building permit. Attachments: Appendix "A", Location Map, Site Plan, Floor Plans, Architectural Elevations, and Building Section Staff Report Prepared by: Robert G. Tefft, Senior Planner Planning and Zoning Board Staff Report First Avenue Townhomes - Conditional Use Requests Page 17 I~"t..,..:-.- ~-!~. \:'__~.~~.-:"t"'~~:~·~!~í~':.pu-PE·N-D' ·I··~X-"'¡'w";~·· ~?"~. . ~.1r.I. "._... f':,\ .. oo. ..: II':" ..:.0;..........: _ ..... .1 .... II· -~. . .. =".~ .- ;,.. . -, . - 1. Pursuant to LOR Section 2.4.3(8) (8), depict the approximate locations of aboveground and underground utilities including water, sewer, drainage, power, gas, telephone, and cable television; poles and guy wires, transformer boxes, etc. The plan shall also identify the disposition of all such utilities. The development plans indicate that the existing power poles within the abutting alley will be relocated; however the final location has not been indicated. 2. Pursuant to LOR Section 2.4.3(8) (14), depict the manner in which all utility services are to be provided to the site and structures on site. 3. Pursuant to LOR Section 2.4.3(F) (4), provide a composite utility plan that depicts the location of all existing and proposed utilities (water, sewer, power, telephone, gas, cable, and drainage). The composite plan shall be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the composite utility plan. The composite plan shall also address the responsibility for relocation of existing services and installation of new services. 4. Pursuant to LOR Section 4.6.9(0) (3) (c) (1), 50' of stacking distance is required between the alley right-of-way and the first parking space andlor aisleway within the parking garage. A stacking distance of only eleven feet (11 ') has been provided. 5. The overall roof plan (sheet A260) depicts the location of the rooftop alc units for 29 of the 30 condominium units, and no alc units for any of the townhomes. The site plan (sheet A101) does depict the location of the ground level alc units for the two interior end units. Revise the plans as necessary to depict the locations of all alc andlor other mechanical equipment proposed. Please be advised that no such equipment is permissible within the front yards [ref.: LOR Section 4.6.18(8) (14) (v) (3)]. 6. Provide weir as per drainage calculations at Manhole-4. 7. Provide signed and sealed calculations indicating that existing lift station and force main which collects waste from proposed site has sufficient volumetric and pumping capacity. Also, confirm that downstream gravity sewer mains have sufficient capacity. 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Delroy Beach, FL Norman & Janet Richardson 7601 Canal Drive lake Worth, Fl 33467 February 15, 2005 Dear Councilmembers of the City of Delray: We are the owners of 124 and 130 SE 2nd Avenue, which sit directly behind the First Avenue Townhome project. We attended the January 24th Planning and Zoning meeting, and we were pleased with the developer's proposal. We feel that this area is long overdue for redevelopment, and if the first developer to venture into our block wants a few extra feet and units to make the project feasible, we do not see why this should be an issue. It is vital that we bring more residents to the downtown area if we are going to have sustainable commerce in the city. Sincerely, Norman and Janet Richardson ¿z.~ I¿~~ ./ / lâ'~// ,r ./ ~/~ ~~~J~~ Z\ \"3 \D!5 ~ ~~.f\ 02/14/2005 15:10 9549229246 Mond.y. Febr".ry 1.. :l1,Ar,) S-uti tJM PTIFM .-y ,-llr" ~ 1-4u0-c4,",U p~..-,n C;harles & Manlyn Stem 128S W.c",piUi Willow \Va>' HOll)/woodl l'L 33019 (954) 92S·] 80S F-=t.'tnaas)' 14.2005 Dear City C"owt.;il !vlemben: \\' ~ Øf": lh~ owners of 1 J8 through I S8 SE 211C A vc.nu~. OUI' pn)p~s"tj~ &it diNctly bebind the Hn;T A,'enue T"wnbomes commUlu1y propos~d by Hem"'. Cr.aig De\!elopn,~nt. We atç GlIniliar with thi~ pr(~':4:t. and W~ ~uppon it~ approval, Many of Lh~ prop~1.~s on tbi~ ~trf.et ore \~ or In a tct.ate of disrepair. A project of this ca.1ibe.r will greatly improve th~ lQ(\k of our block, and it will be a cat;tlyst for fùrther ndcveloprn~nt in the area. S~þÞ -7J/~~ Charl~~ and Mari)yn S1tm ~à=':&:'~ ..)~ ~~ -z\ \5\OS ~C\ . '{\ CITY COMMISSION DOCUMENTATION 0/\ »f1 FROM: lOR PLANNER CTOR OF PLANNING AND ZONING TO: THRU: .11 SUBJECT: MEETING OF FEBRUARY 15,2005 CONSIDERATION OF A WAIVER REQUEST TO LAND DEVELOPMENT REGULATION (LDR) SECTION 4.4.15 (F) (3) FOR CONGRESS PARK OFFICE CONDOMINIUM. PURSUANT TO LDR SECTION 2.4.7(B) (5). BACKGROUND I ANALYSIS On January 12, 2005, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan, landscape plan, and architectural elevations associated with the construction of a 2-story 20,385 sq.ft. professional office building to be known as Congress Park Office Condominium. The Board also reviewed one (1) waiver request associated with the development proposal and has forwarded a recommendation of approval to the City Commission. Waiver Findinas: Pursuant to LOR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or (d) Ooes not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. LDR Section 4.4. 15 (F) (3) - Deve/oøment Standards: Pursuant to LOR Section 4.4.15 (F) (3), any free standing structure shall have a minimum floor area of 4,000 sq.ft. and shall be architecturally integrated with other structures within the overall Planned Office Center; and shall have direct access to and from other portions of the POCo The proposed architectural elevations are not architecturally integrated with other existing structures in the office park. The applicant has requested that a waiver be granted to LOR Section 4.4.15 (F) (3). The following is an analysis of that request: The proposed office building is a stand alone structure and is fronting Congress Avenue. Because the building is located on an out-parcel at the isolated northeast corner of the office park and is not separated from Congress Avenue by a parking lot the proposed structure is more a part of Congress Avenue streetscape. The closest building is Building "E" located approximately 400' feet to the south of the proposed office building separated by a 255 spaces parking lot. ASSESSMENT Granting the requested waiver will enhance the architectural appearance of Congress Avenue streetscape. With the proposed office building immediately adjacent to Congress Avenue and located 400' feet away from the existing structures the building is part of the urban and architectural profile of Congress Avenue. Therefore granting the requested waiver will not have an adverse affect on the neighboring area, create an unsafe situation, or diminish the provision of public facilities. ~ß City Commission Documentation - Meeting 02/15/05 Congress Park Office Condominium: Waiver of LDR Sections 4.4.15 (F) (3) Page 2 The Site Plan Review and Appearance Board (SPRAB) considered the requested waiver and concluded that the proposed office building should be considered a stand alone structure not to be architecturally integrated with other existing structures in the office park. The Board also concluded that given the conditions under which this waiver was being requested, it was reasonable to believe that the waiver would be granted elsewhere under similar circumstances. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. RECOMMENDED ACTION Move approval of the request for waiver to LDR Section 4.4.15 (F) (3) that the proposed free standing office building shall not be architecturally integrated with other existing structures in the office park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(8) (5) of the Land Development Regulations. Attachments: Location Map, Elevations, and Site Plan w w > <{ ::J I Z f- ............À ~ W ., > « SHAW TRUCKING RINKER MA TERIALS STOR- ALL CONDO DELRA Y BEACH MUNICIPAL GOLF COURSE DR. ANDRES WAY SOUTH COUNTY ADMINISTRA TlVE COMPLEX o () Tri-Rail ~ N CITY OF DELRA Y BEACH, FL PLANNING &: ZONING DEPARTMENT CONGRESS PARK CONDOMINIUMS 210 CONGRESS PARK DRIVE - - DIGITAL BASE MAP SYSTEM -- MAP REF. 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II~) \ . ¡ u~ c:! · -1:; L ~ .'_ ~. ~! \;=' sv-': 11)1 I " '=7 .- ~ ~_ -':' ~ ¡ '. ---- ~.~_ __ ~ : \ .\ ¡ '\'" I ;:0 !;¡! ., ;11, .... v'\{::<\ û. / _.m.'..~.~ ;.._~ ¡~....'.~~~/ ;.¡.'~"_/\I'" :~ :._ .7 '-:Y ~ '\ ~?, :U777/t - -------lJ-- ------J J¡- ¡ -' - ~.~,.-' .,. <. h """J ~t /,! >- I" ~:øøff- - /~~ : :<./¡<~~iJ..r;', r· n ~ / .!../' - {r'#"" c ,:~:"::..~::::' ~-_. .~_::_~/ ~ / . i ~ - -. -- =>~=-----==- ;.. ~ I II~ i ~, ¡ . ~€~ ]kfr ¡ i __---- ij :..--- }> E Z G' (j) .-.J G / :..=J I ! I· . ~ 1= I· i I I ¡ -----..-.---.-- A PROPOSED OFFICE BUILDING FOR: i I CONGRESS PARK I ~s "!~£>MI~~..g Œi.AAY IIEÀa\ R.. PALM IÐCH CQJf'JY i ~~~(5) ¡- I f!~ ~ š'5 i~ ]'''.1'- II. i. 0 2 m 0 E » ~ m (J) -4 <P -4 I - m rn rn r r r m m m I~ -( '< ~~ ~~ ~:::! ~- ~- ~. 0 :0 .() ~2 ~2 ~ 2 ~ .·0.. .~c :tru ~ "'-...",:,. <P o c --f I m r m ~~ ¡ - ~O '2 ...~ ~~ I: I þ.! ... ~ , 5J! .~ r\ ... II I iJ ::i ; ~ I i ~. . 01 " "- g I I I A PROPOSED OFFICE BlLDINQ FOR: I CONGRESS PARK CONDOMINIUMS 210 c::c:JIIIIQÆBI ,.ÞB:, DfIIIE 0CIØIœB rM«. NORIH CEl.MT ~ R.. f'ÞI,M EM:H CQMY .' 1~11~~~(~ '1 I~ ~o - '11 _ ~ I I TO: THRU: FROM: SUBJECT: CÎTY COMMISSION DOCUMENTATION DAVI~~E~'C YMANAGER PAUL b~LlNG, DI TOR OF PLANN~G ~ND ZONING SCOTT PAPE, SENI R PLANNER A.rtr:r~ MEETING OF FEBRUARY 15, 2005 CONSIDERATION OF AN EXTENSION REQUEST OF THE CONDITIONAL USE APPROVAL TO ESTABLISH A SELF SERVICE STORAGE FACILITY AND A WHOLESALE STORAGE FACILITY KNOWN AS SAFE AND SECURE PURSUANT TO LDR SECTION 2.4.4(F). THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY. APPROXIAMTEL Y 890' SOUTH OF GULFSTREAM BOULEVARD (2512 NORTH FEDERAL HIGHWAY). BACKGROUND The subject property consists of a portion of Lot 13 and a portion of Lot 14 of the Delray Beach Estates plat and contains 1.80 acres. At its meeting of April 15, 2003, the City Commission approved an amendment to the Land Development Regulations to add "Self Service Storage Facilities" as a conditional use in the GC (General Commercial - North Federal Highway Overlay District) along with specific development requirements. At its meeting September 9, 2003, the City Commission unanimously approved the conditional use to establish a self-service storage facility and a wholesale storage facility. The 4-story 140,324 square foot structure will contain 127,129 square foot self service storage facility, 926 square feet of attendant self service storage office space, 5,810 square feet of retail floor, 5,459 square feet of warehouse/storage area, and 1,000 square feet of attendant warehouse office area. At its meeting of December 17, 2003, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan application for the proposed development. The conditions of approval have been addressed and the site plan has been certified. The site plan approval is set to expire on June 17, 2005. The applicant has submitted a site plan approval extension request that is scheduled for the SPRAB meeting on March 9, 2005. The conditional use approval is set to expire on March 9, 2005 and an 18-month extension is now requested. Additional background information and a full analysis of the original conditional use request can be found in the attached staff report dated August 18, 2003. EXTENSION ANALYSIS Pursuant to LDR Section 2.4.4(F)(1), extensions may be granted to a previously approved development application, pursuant to the following: <1e City Commission Documentation Meeting of February 15, 2004 Extension Request of the Safe and Secure Self Service Storage Facility Conditional Use Page 2 LJ A written request for an extension must have been received by the City at least 45 days prior to the expiration date; LJ The letter must set forth the basis and reason for the extension; LJ The extension shall be considered by the same body which granted the original approval; and LJ The extension, if granted, shall be for 18 months unless otherwise stated. Additionally, pursuant to LDR Section 2.4.4(F)(3), when an extension is requested for a project on which construction has not commenced, the project shall be evaluated pursuant to the Land Development Regulations in effect at the time of consideration of the extension request and shall comply with such current requirements. The letter of request (copy attached) was submitted by the applicant in a timely manner. The following is an excerpt from the applicant's narrative that provides the basis and reason for the extension: II.. .the project has been delayed due to a number of external factors beyond our client's control. For example, contractors and trade have been unavailable for bidding and working on the project. The two (2) recent hurricanes have made this situation even more difficult. As well, the storms have required my client to turn his attention to processing and completing insurance claims and away from new construction. All permits have now been applied for and we expect that twenty-five percent (25%) of the construction will be completed by the Expiration Date". While there have been several modifications made to the LDR's since approval of the conditional use (most notably the Downtown Design Guidelines), these changes do not affect the subject property. Given this factor the original findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan can be made with this extension request and staff is recommending approval. RECOMMENDED ACTION By motion, approve the request for an extension of the conditional use approval for a self service storage facility and a warehouse/storage facility for Safe and Secure, by adopting the findings of fact and law contained in the attached staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.4(F), and Chapter 3 and Section 2.4.5 (E)(5) of the Land Development Regulations with said approval to be valid for an additional 18 months (expiring September 9, 2006). Attachments: Applicant's Narrative P & Z Staff Report of August 18, 2003 (-i¡¿ Hie, WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer MICHAEL R. HARRIS L.L.M. (In Taxation) December 17, 2004 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Request for Extension Our File No.: PUGA004 Dear Paul: Pursuant to Section 2.4.4(f) of the LDR's please consider this letter a written request for an extension for the Conditional Use and Site Plan Approval for the project known as Safe and Secure. The basis and reason for the extension is that the project has been delayed due to a number of external factors beyond our client's control. For example, contractors and trade have been unavailable for bidding and working on the project. The two (2) recent hurricanes have made this situation even more difficult. As well, the storms have required my client to turn his attention to processing and completing insurance claims and away from new construction. All permits have now been applied for and we expect that twenty-five percent (25°t'o) of the construction will be completed by the Expiration Date. I understand the extension, if granted: shall be for eighteen (18) months. Please advise me of all respective dates. Thank you very much for your assistance in this matter. " Ve~ tru :YOU~ ( ~~\ ì , \ ì \ ..' \ . '. ~ \\.J ¡,\J Mi~~el S. Weiner MS\Ñ:ek cc: Mr. Anthony Pugliese Mr. Paul Talley Jason S. Mankoff, Esq. RECEIVED DEC 1 7 _ PLANNING & ZONING PUGAOO4. Request for ExtensIOn. Dee 14.2004 PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- August 18,2003 IV. B. Conditional Use Request to Allow the Establishment of a Self Service Storage' Facility and a Wholesale Storage Facility for Safe and Secure (Quasi-Judicial Hearing). MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner......................................... Tri-Ed Properties, lLC Applicant.................................... The Pugliese Company Agent.......................................... Weiner & Aronson, P.A. I Miller land Planning Consultants, Inc. location... .... . ........ . . . .............. . .... Located on the west side of North Federal Highway, approximately 890 feet south of Gulfstream Boulevard. Property Size.............................. 1.80 Acres Future land Use Map................ GC (General Commercial) Current Zoning............................ GC (General Commercial) Adjacent Zoning................North: AC (Automotive Commercial) East: GC (General Commercial) South: GC (General Commercial) West: CF (Community Facilities) Existing land Use...................... Vacant Proposed land Use.................... Conditional use request to allow the establishment of a self service storage facility and a wholesale storage facility. Water Service............................. Connection available via an 8" water main, located within Old Dixie Highway. Sewer Service............................. Connection available via an 8" sewer main, located within Old Dixie Highway. 1\C 1l."'~ \,\oo\... þ.. LI. SC \-\\Gf' FOO T8ALL FIELD IV. B. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a self service storage facility and a wholesale storage facility for Safe and Secure, pursuant to Section 2.4.5(E). The subject property is located on the west side of North Federal Highway, approximately 890' south of Gulfstream Boulevard (2512 North Federal Highway). The subject property consists of a portion of Lot 13 and a portion of Lot 14 of the Delray Beach Estates plat and contains 1.80 acres. On August 23, 1989, the City approved the annexation of lot 14, which is currently vacant. ; The City Commission approved the annexation of Lot 13 at its meeting of March 22, 1994. Lot 13 contains a 1,929 square foot building that was built 1948 as a motel, a landscape nursery, a 1,008 square foot single family residence, with a 192 square foot garage. At its meeting of April 2, 2002, the City Commission abandoned the eastern 20' of this site along Dixie Highway subject to the reservation of a utility easement over the entire area and the dedication of the eastern 10' of Lots 13 and 14 for Federal Highway right-of-way. At its meeting of April 15, 2003, the City Commission approved an amendment to the land Development Regulations to add "Self Service Storage Facilities" as a conditional use in the; GC (General Commercial - North Federal Highway Overlay District) along with specific development requirements. Two conditional use applications have been submitted for the subject property. The first is to establish a self service storage facility. The second application is to establish a wholesale ~ storage facility along the west side of the building that also maintains commercial floor area along Federal Highway for the retail sale of goods. These two conditional use applications are now before the Board for action. .~~ '.h..."-:: ~~!.~;,~. ¡:.'." ~-'odi:.. ~.' 7 ( ~' . ~ f:~~...~. ~.o.~:')¡!¥.;-..'_c -:,1':-.. -~.;:~.~._i.. '!Co':': - -~'" ....~~ - " "'ffj"!6" ..~'. tsf S¡n~..R:t,P~. .~lz . ..'B'fi.- The development proposal includes the following: o Demolition of three existing structures; o Construction of a 4-story 140,324 square foot structure that consists of 127,129 square: foot self service storage facility, 926 square feet of attendant self service storage office space, 5,810 square feet of retail floor, 5,459 square feet of warehouse/storage area, and 1,000 square feet of attendant warehouse office area; o Construction of 50 parking spaces along the east, south and west sides of the building; P & Z Board Staff Report Safe and Secure - Conditional Use Request for Self Service'Storage Facility and Warehouse/storage Page 2 o Construction of 5 covered loading spaces along the south side of the building; and, o Installation of associated landscaping and refuse storage areas. The hours of operation for the wholesale/storage uses, retail, and self service storage facility will be 5:00 a.m. to 9 p.m. Monday through Sunday. ~ ~ .... ~ < A J ~~"'~ ~ -t-V--- - #'&...... ~ ",:¡ - "" :: <,;' ý-'--" - ¡ ~ ',. -" " ¡ » .< ~T' _", ~j 'r'"~ <. .;f-'¡~}i~p~^'¡;'H,1ttiVJ'.~rJ·%J, l~j~"~:;; " J,' ~\ ; , <:"'. ~,' . " ~ ':1 ~.<.-._~ ~ "'-...."'~~ .u..~·~""'~';';~~"~Á~~~~....£~",~",:~<',,'">~~.;.s.:::Eti:L:_>.4~~'-~"-<>c;..-<=~~~~ J~,,^,,"....., "'~.............~ ~~~~~>-o«",-i<...-"",-",~~~",~w..~~...--"" _~~",...0'-1J CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - l.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, 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 consistency with the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. With the rezoning action, positive findings were made with respect to Concurrency, Comprehensive Plan Consistency, Future land Use Map, and Compliance with land Development Regulations and are discussed below. 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 General Commercial Future land Use Map and Zoning Map designation. Pursuant to the lOR Section 4.4.9(G)(2)(a)(2)&(3), the wholesaling, storage and distribution of products and materials and self service storage facilities are allowed a~ conditional uses in the North Federal Highway Overlay District. lOR Section 4.4.9(G)(2)(b)(1), states that wholesaling, storage and distribution of products and materials must operate in conjunction with a permitted service or retail use that is located on the premises. This will require all wholesale/storage uses proposed along Dixie Highway to be operated in conjunction with the service or retail uses occupying the bays along Federal Highway. The applicant acknowledges this connection and, therefore, a positive finding can be made with respect to consistency with the land use map designation. The North Federal Highway Redevelopment Plan indicates that light industrial uses are appropriate in the redevelopment area when they are operated in conjunction with a permitted service or retail floor area. Therefore, the proposed warehouse/storage use along the west side of the building must maintain a connection with the floor area along the east side of the building in order to be considered an allowed use (conditional use). 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. P & Z Board Staff Report Safe and Secure - Conditional Use Request for Self Service Storage Facility and Warehouse/storage Page 3 Water and Sewer: Preliminary water and sewer plans have not been provided with the submittal of the conditional use application. However, the following is noted: o Water service currently exists to the site via a service lateral connection to an existing 8" main located along Dixie Highway. o Sewer service exists to the site via a service lateral connection to an existing 8" main along Dixie Highway. o The survey of the property does not indicate the presence of a fire hydrant on or near the property. The conceptual plan does not indicate the provision of a new fire hydrant. -The provision of adequate fire protection will be addressed during the site plan review process. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. The 140,324 square foot commercial development will have an insignificant impact on all public services and was anticipated tor this property and was factored into the plan. Thus, a positive finding with respect to this level ot service standard can be made. Traffic: A traffic study has been submitted that indicates the 140,324 will generate 731 average daily trips onto the surrounding road network. The proposed development will generate 73 pm peak hour trips. The traffic generated by the proposed development will not lower the level- ot-service below the existing Level-ot-Service which is "C." There is adequate capacity on Federal Highway and the surrounding roadway network to accommodate the additional trips. Prior to issuance of a building permit a letter must be received from the Palm Beach County Traffic Engineering Division which states that the development proposal meets the Palm Beach· County Traffic Performance Standards Ordinance. There are no problems anticipated with meeting this level of service standard. Based upon the above, a positive finding can be made with respect to traffic concurrency. Solid Waste: Trash generated each year by the mixed-use development will be 379.56 tons per year. The self storage/warehouse generates 5.2 tons per square foot per year [132,588 sq.ft. x 5.2/2,000 = 344.73 tons]. The office area generates 5.4 tons per square toot per year [1,926 sq. ft. x 5.4/2,000 = 5.2 tons]. The retail area generates 10.2 tons per square foot per year [5,810 sq.ft. x 10.2/2,000 = 29.63 tons]. The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level at service standard. P & Z Board Staff Report Safe and Secure - Conditional Use Request for Self Service Storage Facility and Warehouse/storage Page 4 Drainaae: As noted above, conceptual engineering plans have not been submitted with the conditional use applications. It is anticipated that the majority of the storm water retention will be through exfiltration trenching. At this time, there are no problems anticipated complying with South Florida Water Management District or lake Worth Drainage District requirements. Thus, positive findings with respect to this level of service standard can be made. The drainage retention facilities will be further analyzed during the site plan review process. Parks and Recreation: Park and dedication requirements do not apply to nonresidential uses. Thus, there will be no impact on this level of service standard. Schools: School concurrency does not apply to nonresidential uses. There will be no impact on this level of service standard. CONSISTENCY: Compliance with peñormance 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. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Future land Use Element Obiective A-1 - Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Phvsical Considerations As noted in the background section of this report, the southern portion of the property .. contains existing buildings that were previously used as a hotel and residence. The northern portion of the property is vacant. The proposed development will be consistent with this objective. Complementary With Adiacent land Uses The North Federal Highway corridor contains a mix of uses including retail, office, office-light industrial, and residential. The proposed retail and wholesale/storage portions of the P & Z Board Staff Report Safe and Secure - Conditional Use Request for Self Service Storage Facility and Warehouse/storage Page 5 proposed development will be complementary to the commercial uses along North Federal Highway. Fulfills Remainina Land Use Needs The proposed redevelopment of the property will eliminate under utilized property along the North Federal Highway corridor. The retail associated with the development proposal will generate some" patronage and provide limited activity to this area of the City. Future land Use Element Policy A-2.3 - Development of remaining vacant properties shall occur in a manner, which is consistent with and complementary to adjacent development regardless of zoning designations. This policy shall be implemented through the review process associated with platting and site plans. Provided the conditions of approval relating to the building elevations and provision of additional building frontage adjacent to the public right-of-way are addressed the proposal will be consistent and complementary with adjacent commercial developments. Future land Use Element Policy C-1.4 states that North Federal Highway is identified as a blighted area. The City Commission at its meeting of March 16, 1999 adopted the North Federal Highway Redevelopment Plan. The goals are to provide economic stimulation and investment in the area and the creation of jobs. The construction of the mixed use facility will provide economic investment in the area. The retail and warehouse/storage will add to the employment base of the North Federal Highway area. Based on the above, the proposed development meets limited portions of the North Federal Highway Redevelopment Plan. Transportation Element Obiective A-2 (Policy A-2.2) - Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate right-of-way of adjacent streets. Such dedication shall also include sufficient right-of- way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Right-of-Way Identification Map. As noted in the background section of this report, the eastern 20' of Dixie Highway was abandoned subject to the reservation of a utility easement over the entire area and the dedication of the eastern 10' of the property for the ultimate right-of-way for Federal Highway. It is noted that the utility easement needs to noted on the plans and that any improvements in this area will be addressed during the site plan review process. 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. P & Z Board Staff Report Safe and Secure - Conditional Use Request for Self Service Storage Facility and Warehouse/storage Page 6 The property is bordered by the following zoning designations and uses: Direction Zonina Uses North AC Schwerin Automotive West CF Atlantic High School South GC Budget Inn East GC Vacant Commercial The establishment of a self service storage facility and warehouse/storage facility will not have a negative effect on the stability of the neighborhood nor will hinder development or redevelopment of nearby properties. The establishment of the retail uses will provide some stimulation to the surrounding commercial uses. The proposed development will replace an existing use (landscape contractor) that has provided limited stimulation to the economy of the North Federal Highway area for many years. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: If the Conditional Use is approved, pursuant to LDR Section 2.4.5(E)(4) a site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, "Technical Items" were identified which are attached as Exhibit "A." Most of the items relate to site plan issues. These items have been transmitted to the applicant and will need to be addressed with the site plan modification submittal. The following regulations relate to the proposed self service storage facility. Special Landscape Setback: Pursuant to LOR Section 4.3.4(H)(6)(b )(2), a 10' special landscape area shall be provided along Federal Highway. The special landscape area shall not be required between the front . building edge and the ultimate right-of-way where storefronts face the roadway and no parking or vehicular circulation areas are provided between the building and the right-of-way. However, the body acting upon the development application may require that foundation plantings, street trees or other landscape features be installed in front of the building to add interest and provide relief from the building mass. The conceptual plan provides for 14' of pervious area between the property line and the colonnade. However, the bike rack and paver blocks encroach into the required special landscape setback. The balance of the frontage is noted as a parking area and the required 10' special landscape setback has been provided. The bike rack and pavers need to be removed from the special landscape setback and that foundation landscaping and vertical elements be provided for the four story building and is attached as a condition. Parking: Pursuant to LOR Section 4.4.9(G)(2)(c)(2)(c), parking shall be provided at the rates set forth in Section 4.6.9 for the permitted service, office and retail uses and for self-storage uses, P & Z Board Staff Report Safe and Secure - Conditional Use Request for Self Service Storage Facility and Warehouse/storage Page 7 parking shall be at a rate of 1 parking space per 100 storage units or portion thereof, including: (a) a minimum of 3 loading spaces for the self-service storage facility that must be striped and signed to limit the time for loading and unloading to 1 hour; and in addition (b) 3.5 spaces for each 1,000 square feet of accessory office use associated with the self-storage use. Notwithstanding the above, a minimum of 5 parking spaces other than loading spaces shall be provided in connection with the self-storage use. The following table identifies the required parkin.g associated with the individual uses for the mixed use project: Retail Self Service Stora e Office Self Service Stora e Ba s Warehouse Office Warehouse/Stora e Total 5,810 s . ft. 926 s . ft. 900 ba s 1 ,000 s . ft. 5,459 s . ft. 4.5/1,000 s . ft. 3.5/1,000 s . ft. 1/100 ba s 3/1,000 S . ft. 1/1,000 S . ft. Required Parking Parking S aces rovided 26.15 3.24 9 3 5.46 Use Floor Area Parking Ratio The proposed development requires 47 parking spaces and 50 have been provided. Open Space: Pursuant to lOR Section 4.3.4{K), the minimum open space in the GC (General Commercial) zoning district. The conceptual plan indicates that 25.08% open space will be provided including grass and unstabalized pavers. Pursuant to Appendix A of the land Development Regulations, open space is defined as all areas of natural plant communities or areas replanted with vegetation after construction, such as: revegetated natural areas: tree, shrub, hedge or ground cover planting areas; and lawns. Water bodies cannot be used to calculate open space areas. Consequently, the conceptual plan must be revised to eliminate the unstabalized pavers and that a minimum of 25% open space is provided and is attached as a condition of approval. Front Building Setback: Pursuant to lOR Section 4.4.9{F){3){a), parcels shall have a minimum front setback of 5' measured from the ultimate right-of-way line. The maximum setback shall be 15', unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. The development proposal consists of a 14' front setback to the colonnade. Additionally, in order to meet the intent of this requirement and the North Federal Highway Redevelopment Plan, at least 50% of the retail bays (building frontage) along the east side of the building should be located adjacent to Federal Highway without a parking area separation and this is attached as a condition of approval. Furthermore, the width of the columns of the colonnade is approximately 3.5' wide and l' deep. The columns should be more symmetrical to provide a sense of depth and is attached as a condition of approval. P & Z Board Staff Report Safe and Secure - Conditional Use Request for Self Service Storage Facility and Warehouse/storage Page 8 Terminal Landscape Islands: Pursuant to LÓR Section 4.6.16(H)(3)Ü), each row of parking must be terminated by a landscape island. This landscape island has not been provided for the parking tier along the east side of the building. A condition of approval is attached that the required terminal landscape island is provided for this parking tier. Self Service Storaae Facility Special Reaulations (North Federal Hiahwav Overlav District): Building Height: Pursuant to LOR Section 4.4.9(G)(2)(c)(2)(b), no building shall exceed 48' in height. Pursuant to LOR Section 4.3.4(J)(1), building height is measured from grade to the highest finished roof surface of a flat roof or to the mean level between eaves and ridge for gable, hip or gambrel roofs. Pursuant to LOR Section 4.3.4(J)(2)(b), for buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. The height of the proposed building needs to include the mean elevation of the hip roofs not the finished roof. Furthermore, the grade needs to be established from the average mean elevation of the crown of Federal Highway and Old Dixie Highway. The mean elevation needs to be noted on the building elevation. Given these standards, the propo~ed building exceeds the maximum building height. A condition of approval is attached that the elevations are revised so the building does not exceed the maximum height. Lot Area: Pursuant to LOR Section 4.4.9(G)(2)(c)(1), the minimum lot area for self service storage facilities is 1.5 acres and maximum lot area is 3 acres. The property subject to the development proposal complies with this requirement since it consists of 1.80 acres. Outdoor Bay Access: Pursuant to LOR Section 4.4.9(G)(2)(c)(2)(a), outdoor bay type access to individual self storage units that face a street is prohibited. The exterior loading access points shall be designed in such a way to minimize sight lines from adjacent roads. The proposed development complies with these requirements. There is no direct outdoor access to individual storage bays. The access is internal to the building. The proposed loading bays are located on the south side of the building and underneath an overhang. These loading bays will not be noticeable from the adjacent roads. Additional Uses: Pursuant to LOR Section 4.4.9(G)(2)(c)(2)(d), at least 2,500 square feet of ground floor area shall be devoted to at least one additional principal retail or service use without limiting the foregoing. The additional principal uses may be eating and drinking establishments, retail or personal service. The proposed development complies with this requirement as 5,810 square feet of retail floor area will be provided. P & Z Board Staff Report Safe and Secure - Conditional Use Request for Self Service Storage Facility and Warehouse/storage Page 9 Limitation of Wholesale/Storage Facilities: The following are the specific requirements associated with wholesale/storage facilities in the North Federal Highway Overlay District: ~ Pursuant to LDR Section 4.4.9(G)(2)(b )(2), the wholesale/storage facility must maintain a commercial façade along North Federal Highway, with the light industrial aspect of the business oriented toward Dixie Highway. The conceptual plan indicates that the wholesale/storage facility will be located along the west side of the building. As noted previously, the wholesale/storage facility must maintain a relationship with commercial floor area along Federal Highway and is attached as a condition of approval. ~ Pursuant to LDR Section 4.4.9(G)(2)(b)(3), the wholesale/storage facility must operate within an enclosed building, with no outside storage. The conceptual plan indicates that the proposed use will operate within the proposed structure. ~ Pursuant to LDR ~ection 4.4.9(G)(2)(b )(4), overhead doors must be oriented away from adjacent rights-of-way, except where existing, or where the approving body determines that it is not feasible to comply. The conceptual plan complies with this requirement since there are no overhead doors oriented toward Dixie Highway or Federal Highway. ~ Pursuant to LDR Section 4.4.9(G)(2)(b)(5), a landscape buffer consisting of a 4'-high hedge and trees planted 25' on-center must be provided along Dixie Highway. The conditional use application does include a landscape plan in order to determine compliance with this requirement. A condition of approval is attached that the required landscaping be provided and addressed during the site plan application process. Limitation of Self Service Storage Facilities: The following are specific requirement associated with self service storage facilities in the North Federal Highway Overlay District: ~ Pursuant to LDR Section 4.4.9(G)(2)(c)(3)(a), activities not related to the rental or lease of self service storage units shall not be conducted within the self service storage facility area, unless specifically permitted through the conditional use process. The applicant has not proposed any other use for the self service storage facility not related to the rental or lease of the units. Any additional uses in this area of the building will require a conditional use modification. ~ Pursuant to LDR Section 4.4.9(G)(2)(c)(3)(b), except as otherwise provided in subsection (c), no business or activity other than self storage shall be conducted from any self storage unit in the facility. Examples of prohibited uses include, but are not limited to the following: the servicing, repair and/or restoration of automobiles, boats, recreational vehicles, lawn mowers and the like; moving and self storage companies; cabinet making P & Z Board Staff Report Safe and Secure - Conditional Use Request for Self Service Storage Facility and Warehouse/storage Page 10 and wood working (whether personal or professional); personal hobbies and arts and crafts; and any other activity unless specifically permitted through the conditional use process. The application does not request any such businesses or activity. Therefore, a conditional use modification would be necessary to operate any such uses in the future. ~ Pursuant to LOR Section 4.4.9(G)(2)(c)(3)(c), except as otherwise provided in this subsection (c), there shall be no electrical power provided to, or accessible from, any individual self storage units. This includes the provision of lighting fixtures to the interior of a self storage unit, unless specifically addressed in the conditional use approval. The use of portable generators is also prohibited. A condition of approval is attached that prohibits the provision of electrical power and lighting to individual storage units and portable generators. ~ Pursuant to LOR Section 4.4.9(G)(2)(c)(3)(d), the use or storage of any hazardous materials in the self service storage facility is prohibited and is attached as a condition of approval. ~ Pursuant to LOR Section 4.4.9(G)(2)(c)(3)(e), the terms and conditions of these limitations must be clearly expressed in all self storage rental or. leasing contracts, as well as conspicuously displayed in plain view on a sign no smaller than l' by 2' in the leasing office at the facility and is a condition of approval. On-Site Manager: Pursuant to LOR Section 4.4.9(G)(2)(c)(4) & (5), an on-site manager shall be employed at the facility during all hours of operation. Customers of the self service storage facility may not access individual self storage units before 5:00 am or any later than 9:00 p.m. Hours of operation may be further restricted when it is deemed that morning and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In no circumstance shall customers of any self service storage facility have 24 hour access to their self storage unit(s). A condition of approval is attached that an on-site manager be employed at the facility during the hours of operation, which cannot be before 5:00 a.m. or later than 9:00 p.m. and that customers can only access the facility during these times. Special Landscape Requirements: Pursuant to LOR Section 4.4.9(G)(2)(c)(6), in addition to all applicable landscape requirements and other special provisions pursuant to the individual zone district, a minimum ten foot (10') landscape buffer shall be required adjacent to Federal Highway and Dixie Highway and a minimum five foot (5') landscape buffer shall be required along all property lines that do not abut a roadway. As noted previously, the bicycle racks encroach into the required landscape area along Federal Highway and also along Dixie Highway. The condition of approval mentioned previously will also include the relocation of the bike rack along Dixie Highway. The required 5' landscape strip has been provided along the north and south sides of the property. P & Z Board Staff Report Safe and Secure - Conditional Use Request for Self Service Storage Facility and Warehouse/storage Page 11 Outdoor Storage: Pursuant to LOR Section 4.4.9(G)(2)(c)(7), outdoor storage of boats and vehicles and truck rental is prohibited and is attached as a condition of approval. Architecture: Pursuant to LOR Section 4.4.9(G)(2)(c)(8), all self service storage facility buildings must comply with the following architectural standards: ~ Building facades visible from the public right-of-way shall have the appearance of a service and/or retail building through the use of doors, windows, awnings, and other appropriate building elements. The building is a contemporary architectural design. The front elevation contains two towers and a mansard with standing seam metal roof. The towers contain decorative brackets and the mansard contains outriggers. The building contains balconettes with decorative brackets. The colonnade also contains a standing seam metal roof with exposed beams. As noted previously the columns need to be more symmetrical to provide a sense of depth. It is noted that the north and west elevations are copies of the south and east elevations. Therefore, they do not accurately depict. the correct elevations. These elevations will be considered during the site plan review process. The architectural style and use of features represented on the south and east elevations need to be provided on the north and west side of the building and is attached as a condition of approval. ~ Exterior building material shall be stucco or a similar material. The proposed building complies with this requirement since it will be finished with stucco. ~ Buildings that can accommodate two or more stories shall be designed where facing a street to have the appearance of a multi-story building through the use of windows" doors, awnings, canopies or other appropriate building elements. The proposed building has accomplished this design standard by providing faux windows, balconettes, sliding doors, and canopies. The four-story building has the appearance of a three-story structure. ~ Building facades facing a public right-of-way must have a 15°1<> minimum transparency consisting of windows that provide visibility from the public right-of-way from the interior. The conceptual plans do not provide the data to determine compliance with this requirement. Therefore, a condition of approval is attached that the information is provided with the subsequent site plan application to determine compliance with this requirement. ~ A self service storage facility shall not be located within a radius of 1,000 feet of another existing storage facility. The nearest self service storage facility is located north of the northwest corner of Federal Highway and Gulfstream Boulevard within the jurisdiction of Boynton Beach, well outside of the 1,000 foot separation requirement. P & Z Board Staff Report Safe and Secure - Conditional Use Request for Self Service Storage Facility and Warehouse/storage Page 12 , ' ~~=~£~ ~c.~~.~~~ ~= .. ~ _,_ ~_~_ _ "~"~~~__~'_ ~~~~~ ~~ ~ '~__, «~~_ =,=__~{~~~ :J, ~, ;'; >:~:o~ 'c~~_~_~_~~_~ The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Community Redevelopment Aaencv At its meeting of· July 31, 2003 the CRA reviewed and recommended approval of the conditional use request, subject to the following conditions: 1. Future signage should be compatible with the building's architecture and should be located on the site plan clear of all safe sight corners. 2. Show turning radii for largest truck that will be utilizing the site and how it will access the loading areas for the self-service storage use. 3. Verify with SW A that dumpster size is sufficient for the proposed uses. Location of dumpster needs to be accessible to service vehicles. Turning radius of the vehicles would not be accommodated within the 24' aisle. 4. Loading for the warehouse/storage tenant will need to be accommodated (depending on the items to be stored). Provide explanation for what types of activities and function of the business. The double doors which will likely be used for moving larger items into the space are not connected to the parking, loading or service areas. 5. A minimum of 500k of the retail bays should be pulled up to the setback line (1 more 926 sf bay) pursuant to the CRA's Board recommendation on the conditional use application for the self service storage facility. 6. Detail floor plans including interior partitions and corridor layout needs to be provided at time of SPRAB application. Note that the southern retail bays may need additional exits (via a rated corridor). This may affect the size or amount of bays. 7. Site lighting should be upgraded to be consistent with the building's architecture. Decorative lighting should be considered instead of concrete poles or cobra light fixtures. 8. Utility easements and ultimate right-of-way dimensions should be indicated. 9. Proposed on-site detention or retention (or alternative) should be indicated. 10. Indicate in the Conditional Use application and site plan that the retail uses fronting on Federal Highway will not be ancillary uses to the SSSF but will be other retail and/or personal service uses as represented at the May 22, 2003 CRA meeting (i.e. deli, barber shop, nail salon, specialty restaurant, professional office, not retailing of packaging supplies, vehicle/truck/hitch rental, sales or installation of hitches, etc.). 11. Landscape design should help the height transition to pedestrian scale. Site Plan Review and Appearance Board: If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The site plan must address the concerns raised through the conditional use petition, and address the listed "T echnicalltems" (Exhibit A). Adiacent Municipalities Notice of the conditional use has been provided to the Town of Gulf Stream and the City of Boynton Beach. A response has not been received. P & Z Board Staff Report Safe and Secure - Conditional Use Request for Self Service Storage Facility and Warehouse/storage Page 13 Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: o Kokomo Key o La Hacienda Homeowners Association o Seacrest Homeowners Association o North Palm Trail Homeowners Association o PROD o President's Council Public Notice: Formal public notice has been provided. to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. ~,- ~ '_"d'. '. ... _..~=c1.L .~>.d'i, .:~>'*; ii~~~:~~~~~ll:_~J '~,^~~:l~~~,.,_::~~ ;_!:Z~~~,:~~ :':':.'~ ~~~ .~~:~~_:': f . .. ,..=~~"",L=.. ..'^~~. - =; The proposed conditional use requests for Safe and Secure to allow a self service storage facility and warehouse/storage facility is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan. The "Technical Items" will be addressed with the site plan modification submittal. Positive findings with respect to LOR Section 2.4.5(E)(5) (Conditional Use Findings) can be made provided the conditions of approval are addressed. The proposed redevelopment of the subject property will enhance a blighted piece of property along the North Federal Highway corridor and will be compatible with the adjacent uses. 1. Continue with direction. 2. Recommend approval of the conditional use request for a self service storage facility and a warehouse/storage facility for Safe and Secure based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the conditional use request for a self service storage facility and a warehouse/storage facility for Safe and Secure based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, that the proposed use will hinder development or redevelopment of nearby properties. P & Z Board Staff Report Safe and Secure - Conditional Use Request for Self Service Storage Facility and Warehouse/storage Page 14 L~~,~_ ~~.-~.~_~~_~~_~:~~~=~~~:./ "\~,~~~ ~ ~~'I ~::::=J;~~::_:f~~~~s:"~_,__=~~~ __~~=~~~~~~~ Recommend to the City Commission approval of the conditional use request for a self service storage facility and a warehouse/storage facility for Safe and Secure, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5{E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That a site plan modification be submitted which addresses the "Technical Items" attached in Exhibit "A"; 2. That the warehouse/storage use on the west side of the building be operated only in conjunction with a service or retail use along the east side of the building; 3. That a landscape buffer consisting of a 4'-high hedge and trees planted 25' on-center must be provided along Dixie Highway and addressed during the site plan application, process. 4. That prior to issuance of a building permit a letter must be submitted from the Palm Beach County Traffic Engineering Division which states that the development proposal meets the Palm Beach County Traffic Performance Standards Ordinance. 5. That the bike rack and pavers be relocated out of the special landscape setback and that foundation landscaping and vertical elements be provided for the four story building along Federal Highway and Old Dixie Highway; 6. That the conceptual plan be revised to eliminate the unstabilized pavers from the open space calculation and that a minimum of 25% open space is provided; 7. That a minimum of 500/0 of the eastern building frontage comply with the required building setback along Federal Highway; 8. That the columns be symmetrical to provide depth; 9. That the elevations are revised to conform with a maximum building height of 48'. 10. That the provision of electrical power and lighting to individual storage units and portable generators is prohibited; 11. That the use or storage of any hazardous materials in the self service storage facility is prohibited; 12. That the terms and conditions of the self service storage facility limitations must be clearly expressed in all self storage rental or leasing contracts, as well as conspicuously displayed in plain view on a sign no smaller than l' by 2' in the leasing office at the facility . P & Z Board Staff Report Safe and Secure - Conditional Use Request for Self Service Storage Facility and Warehouse/storage Page 15 13. That an on-site manager be employed at the facility during the hours of operation, which cannot be before 5:00 a.m. or later than 9:00 p.m. and that customers can only access the facility during these times. 14. That the outdoor storage of boats and vehicles and truck rental is prohibited. 15. That the building facades along Federal Highway and Dixie have a 15% minimum transparency consisting of windows that provide visibility from the public right-of-way from the interior. 16. That the required terminal landscape island is provided for the parking tier along the east side of the property. Attachments: o Exhibit A o Sketch Plan Report prepared by: Scott Pape. Senior Planner P & Z Board Staff Report Safe and Secure - Conditional Use Request for Self Service Storage Facility and Warehouse/storage Page 16 - 1 , - - 1:ryy't::;!:_~:;:~ /~ : y ~- ~ - 'c:" '" :~ ~~~ ~ __~ ~ ~ ~~'~_~y_ ~ _~ _L__~ _ __~~_ _~_~~ _2~~0P_>~~~~~~ ~:_~,,~~ ~~4~~~~<;:~:¿~~~~~~:L-~~~~~ ~~~~~~~~x,,~~h~_ ~ y____ ~~~~<~_~ 1. That a detail of the dumpster enclosure is provided that demonstrates compliance with LOR Section 4.6.6(C)(1) with the site plan application. 2. That a photometric plan is provided that demonstrates compliance with LOR Section 4.6.8 with the site plan application. 3. That a 6' by 24' maneuvering area is provided for the dead-end parking bay along the east side of the property. 4. That a minimum 12' clearance is provided for the covered loading spaces per LOR Section 4.6.1 O(D). 5. That a landscape plan is provided that demonstrates compliance with LOR Section 4.6.18 with the site plan application. 6. That a note is added to the site plan that indicates all service utilities will be placed underground per LOR Section 4.6.8. 7. Site lighting must be provided in compliance with LOR Section 4.6.8. The lighting locations and fixture details must be provided on the site plan and landscape plan as well as the illumination requirements outlined in the above code section. The light poles cannot exceed 25' in height to the top of the fixture and a photometric plan is required to ensure compliance. 8. The locations of the AlC units and mechanical must be indicated on the plans and screened accordingly. 9. That a conceptual engineering plan be provided for paving, grading, water and sewer with the site plan application. 10. That the unpaved portions of the adjacent rights-of-way shall be landscaped with sod and irrigated. 11. Future signage should be compatible with the building's architecture and should be located on the site plan clear of all safe sight corners. 12. Show turning radii for largest truck that will be utilizing the site and how it will access the loading areas for the self-service storage use. 13. Verify with SWA (Solid Waste Authority) and BFI (Browning Ferris Incorporated) that dumpster size is sufficient for the proposed uses. Location of dumpster needs to be P & Z Board Staff Report Safe and Secure - Conditional Use Request for Self Service Storage Facility and Warehouse/storage Page 17 accessible to service vehicles. Turning radius of the vehicles would not be accommodated within the 24' aisle. 14. Loading for the warehouse/storage tenant will need to be accommodated (depending on the items to be stored). Provide explanation for what types of activities and function of the business. The double doors which will likely be used for moving larger items into the space is not connected to the parking, loading or service areas. 15. Detail floor plans including interior partitions and corridor layout needs to be provided at time of SPRAB application. Note that the southern retail bays may need additional exits (via a rated corridor). This may affect the size or amount of bays. 16. Site lighting should be upgraded to be consistent with the building's a rcnitecture. Decorative lighting should be considered instead of concrete poles or cobra light fixtures. 17. Utility easements and ultimate right-of-way dimensions should be indicated. 18. Proposed on-site detention or retention (or alternative) should be indicated. 19. Indicate in the Conditional Use application and site plan that the retail uses fronting on Federal Highway will not be ancillary uses to the SSSF but will be other retail and/or personal service uses as represented at the May 22, 2003 CRA meeting (i.e. deli, barber shop, nail salon, specialty restaurant, professional office, not retailing of packaging supplies, vehicle/truck/hitch rental, sales or installation of hitches, etc.). 20. Landscape design should help the height transition to pedestrian scale. 21. That the correct elevations of the north and west sides of the building are provided with the site plan application. . N ill! ft~ § ~i¡ifU~~ .-Þ- '~G ; J ¡a ~i~ 1'- FJJ a,§ .,.Ir i as I-~ § 1t- ~~ I~ Xli! - iil!i¡JI;'= <:) Q t- "i=' II~ ã f11¡1~ ~ ~ ~ ~ ~t :0 ~¡ _I s; <:) !!2 ~i 11~~!il;ð ~ :a.. ~ ,,~oJJ> "11'1<0'$ t- ~I'~ §' ; "III !) 0 ~~f, , I ¡i i~ 'tJ ~ ~ '·1 I -if §§¡... 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(561) 368 - 71911 r AX (561) 368 - 6776 E"-III....:~ I.~ II J llJJ..~~EAM_.._.._.._ß.lliCrRD ,- ". ... ;§(' I ~~§r ~/J GULF SlREAM DRIVE C Ii ~,~ iT \~M J ,~ : ÆNNIS COURTS 1\C 1\"~~ y\OO\" ~d SC y\\GP FOOTBALL FIELD V~d J~l J 22ND SlR. N.E. -I I I I J~ N£ 2ST 111 êI --- ~ L¿jl I <fl f J--J / "----I Nl ;--1--- t-- ~ ~ _L--- ~ó W rrJd §j~/,1 N.E. ~ i 5 x w 3ë Õ I I I J I / ( r" ~-~ []lL -g - -(3 - .. .¡.-- 'V~~~ · ~ w ~. ~-- · :;) · TANGERINE WAY .:( - . ../ . II ).... ~ & ~ ó w ..: "" ~ Ii ~ 1'- '!-G ,~ rARY WAU< . .0/ .11-- I W žf- W > .:( RTON VOLKS ..- ·0 .; / Iii BOR TON VOLVO I, II 1;/ / LO~fL~~~_IN :: M.S.A. 1RACT I >= "" II :r "" II ,.".._ ¿~ m m SlIlIllIlr "-"-"-J I KOKOMO ~ §ill \..~ þ} ~ ¿o mJIJK~{[ ... t::::::§ r--- 31 III II ill ill 11111 . ~ III Þ1t= g IIII I II J=t~¡- ! ~A~ \ Lu ¡ BLj'¡ I : l, ~ \\\\\\~ \ I I I AVE. THE ESTUARY J I I EASTVlEW -- LECEND -- SAFE & SECURE SELF STORAGE CONDITIONAL USE NORTH FEDERAL HWY. SUBJECT AREA - MUNICIPAL BOUNDARIES "^'l ,,# # V '---' ,...- 1"'- SUPPLEMENTAL INFORMATION PCN#: 12-43-46-04-08-OQO.0141I 12-43-4EHJ4-08-000-0130 lL APPROXIMATE ACREAGE: 2.15 ABRIDGED LEGAL DESCRIPTION: REFERENCE: PLAT BOOK 21, PAGE 13 OF PAlM BEACH COUNTY ZONING: GC (GENERAL COMMERCiAl) FLUM: GC (GENERAL COMMERCIAl) \ EXISTING LAND USAGE; VACANT WITHIN TRAFFIC ANALYSIS ZONE: #531 WITHIN CENSUS TRACT: #64.01 PLANNING ~ ZONING DBPARTJlBNT N W+E S LONG-RANGE DlYISION DIGITAL BASE-IlAPPING ~ GEOGRAPHIC INFOIUlATlON SYSTEM JlAP REFERENCEI: L11690 -- AUGUST 2003 -- V~~~ ~ -0 :.......: ~ J:' ~ ~ (.¡ ~4y V>~~ RE: CITY COMMISSION DOCUMENTATION DAV~AR¡EN~I~ ANAGER PAUL ~G, ~IRE R ~OF PLANNING AND ZONING MEETING OF FEBUAR '5,2005 APPEAL OF THE PLANNING AND ZONING DIRECTOR'S INTERPRETATION REGARDING THE ACCEPTANCE OF RENAISSANCE INSTUTUTES CONDITIONAL USE APPLICATION. 8ßt I TO: FROM: SUBJECT: BACKGROUND On July 2, 2004 a Conditional Use application was received by the Planning and Zoning Department to allow the establishment of a residential licensed service provider (residential drug treatment facility) in buildings "0", "E" and "F" in the Fairways in the Green subdivision (2101 Lowson Blvd). The application was severely deficient with respect to basic information and was not accepted for processing (see attached letter of July 9, 2004). Five months later on December 1, 2004 the application was resubmitted. An application sufficiency review was again conducted and the application was found to be lacking key information necessary for the analysis of the request, deemed incomplete and not accepted for processing (see attached letter dated December 8, 2004). These deficiencies related to basic information including a copy of last recorded warranty deed and certified surveys. The application also lacked specific information germane to the conditional use request including plans showing the location of the required 10% common space floor area for the residents required pursuant to LDR Section 4.3.3(D)(2)(b) and a demolition plan for the kitchen facilities required pursuant to LOR Section 4.3.3(D)(2)(a). On December 15, 2004 the City Clerk received an appeal of the Director's decision to reject the application as incomplete. The appeal letter does not appear to dispute the fact that the application is incomplete with respect to the basic application requirements and lack of plans addressing the common open space identified in the letter of December 8, 2004. The appeal focuses on the requirement that in order for the application to be complete the applicant must also provide a demolition plan to show the kitchen facilities will be removed. LOR Section 4.3.3(0) (3) (a) requires the removal of the kitchens and information with respect to the future disposition of the space is essential to the review of the conditional use request. LOR Section 4.3.3 (D) (2) (a) states: Individual rooms or suites shall, in no case, have kitchen facilities available for the preparation of food. The applicant's appeal (see attached letter of December 15, 2004) is based on the notion that this is an apartment and therefore is not a "suite". This notion fails to recognize that the two are not mutually exclusive. In fact the Webster's New World Dictionary (Second College Addition) defines a suite as; "a group of connected rooms used as a unit, such as an apartment", q~ City Commission Documentation Meeting of February 15, 2005 Appeal Renaissance Institute Page 2 This LOR Section 4.3.3 (D)(2)(a) as written applies to not only individual rooms but also groups of rooms i.e. suites whether they be called apartments, condominiums, time share units, etc. Given the above this appeal should be rejected and the applicant should submit the necessary information to constitute a complete application RECOMMENDED ACTION Deny the appeal of the Planning and Zoning Director's interpretation regarding the acceptance of Renaissance Institutes Conditional Use application. Attachments: P&Z letter of July 9, 2004 P&Z letter of December 8, 2004 Appeal letter of December 15, 2004 Survey of property " *>- [ITY DF DELIAY BEA[H OURAY BEACH ~ All-America City , III I! 1993 2001 100 N.W. 1st AVENUE . DELRAY BEACH FLORIDA 33444 561/243- 7000 **VIA FAX** July 9, 2004 Mr. Robert N. Hartsell Panza, Maurer & Maynard, P.A. 3600 N Fderal Highway Ft.. Lauderdale, FL 33308 RE: Renaissance Institute - Conditional Use Application This letter is provided to inform you of the status of the request for conditional use approval to allow the establishment of a residential licensed service provider facility within Buildings "0", "E" and "F" in the Fairways on the green subdivision. Upon receipt, the application was reviewed for sufficiency and was noted to be deficient with respect to the following required submission items: · A copy of the last recorded warranty deed for the property and a title certificate from an attorney-at-law or title company certifying the current fee simple owner of record. The certificate shall list all easements, mortgages and encumbrances of record. · Complete Page 7 "Affidavit" of the application. · The survey must be certified, please ensure that signed and sealed copies of the survey are provided. · Traffic information addressing the trips to be generated by the proposed use. . Pursuant to LOR Section 2.4.3(A)(3), when an application is executed on behalf of a corporation or business entity, documentation must be provided which demonstrates that the corporation's representative is authorized to act on behalf of the corporation. The attached Certificate of Corporation may be used to satisfy this requirement. . Pursuant to LOR Section 4.3.3(0)(3)(a) "Special Requirements for Specific Uses - Residential Licensed Service Provider Facility, individual rooms or suites shall, in no case, have kitchen facilities available for the preparation of food. Provide a demolition plan which shows how the kitchen facilities will be removed. THE EFFORT ALWAYS MATTERS @ Pnnted on Recycled Paper To: Robert N. Hartsell Re: Renaissance Institute - Conditional Use Application Page 2 · Pursuant to lOR Section 4.3.3(D)(2)(b) "Special Requirements for Specific Uses - Residential licensed Service Provider Facility, at least 10% of the total floor area shall be devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts, wherein a variety of recreational or therapeutic activities may occur. Please provide 5 copies of a floor plan which is dimensioned and indicates square footages for those areas to be devoted to common recreational/therapeutic activities. The floor plan shall also include a typical layout of a residential unit with dimensions and square footages. The floor plan must clearly show the proposed use that will replace the kitchen area. · The narrative description of the proposed use shall indicate the maximum number of residents to be accommodated at this facility and the number of apartments within each building as well as the activities which will be undertaken as part of the conditional use request. The application as submitted is severely deficient with respect to critical information necessary to conduct a full analysis of the request. The items identified above must be submitted in order for the application to be deemed complete and accepted for processing. The application is not accepted for processing, thus the processing fee will be refunded. The submission deadline date for the next available Planning and Zoning Board meeting (September 20, 2004) is August 6, 2004. If I can be of further assistance please do not hesitate to contact me at (561) 243-7044. Sincerely, ~~~ Paul Doring, AICP Director of Planning and Zoning Department C: Project File [IT' OF DELHA' BEAEN DELRA Y BEACH f .. 0 . . n " _ 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444·561/243-7000 " II t! Revised 1993 2001 @ Printed on Recycled Paper **VIA FAX** December 8, 2004 Mr. Michael S. Weiner Weiner & Aronson, P .A. 102 North Swinton Avenue Delray Beach FL 33444 RE: Fairways on the Green - Conditional Use Application This letter is provided to inform you of the status of the request for conditional use approval to allow the establishment of a residential licensed service provider facility within Buildings "0", "E" and "F" in the Fairways on the Green subdivision. Previously a conditional use application (received on July 2, 2004), was submitted. The application was not accepted for processing due to the lack of required information and plans as stated in my letter dated July 9,2004. On December 1, 2004, the Planning and Zoning Department received a submittal packet which included copies (not certified) of the survey, a traffic statement, the LLC Resolution of the owner of the property, mailing labels and the processing fee. While these items do address some of the outstanding items, the submittal of the plan documents pursuant to Pursuant to LOR Section 4.3.3(D)(3)(a) and 4.3.3(D)(2)(b), have not been received. These items are essential to the analysis of the request and thus it is impossible· for staff 10. conduct their technical compliance review. The following items must be provided in order for the application to be deemed complete and accepted for processing: · Pursuant to LOR Section 4.3.3(D)(3)(a) "Special Requirements for Specific Uses"-Residential Licensed Service Provider Facility, individual rooms or suites shall, in no case, have kitchen facilities available for the preparation of food. Provide a demolition plan which shows how the kitchen facilities will be removed. THE EFFORT ALWAYS MATTERS To: Michael S. Weiner Re: Fairways on the Green - Conditional Use Application Page 2 · Pursuant to LOR Section 4.3.3(D)(2)(b) "Special Requirements for Specific Uses"-Residential Licensed Service Provider Facility, at least 1 0% of the total floor area shall be devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts, wherein a variety of recreational or therapeutic activities may occur. Floor plans dated 1984 were provided of the buildings but such plans do not address the above requirement. Please provide 5 copies of a floor plan which is dimensioned and indicates square footages for those-areas to be devoted to common recreational/therapeutic activities. The floor plan shall also include a typical layout of a residential unit with dimensions and square footages. The floor plan must clearly show the proposed use that will replace the kitchen area. · A copy of the last recorded warranty deed for the property and a title certificate from an attorney-at-law or title company certifying the current fee simple owner of record. The certificate shall list all easements, mortgages and encumbrances of record. · The survey must be certified, please ensure that signed and sealed copies of the survey are provided. The above noted items must be submitted in order for the application to be deemed complete and accepted for processing. Therefore, the processing fee is being returned (check # 4056 enclosed). The submission deadline date for the next available Planning and Zoning Board meeting (February 28, 2005) is January 7, 2005. If I can be of further assistance please do not hesitate to contact me at (561) 243-7044. V~I -.' Paul DOrling~ Director of Planning and Zoning Department Enclosure: Check # 8541 C: Susan Ruby, City Attorney Department Correspondence File Project File Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com REC~Vet;' .p.;¡,. DEC 1 , 200It . PLANNING & ZONING WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Cark House 102 North Swinton Avenue Delray Beach.. Florida 33444 MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF KERRY D. SAFIER OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board CertIfied Real Estate Lawyer December 15, 2004 Via Hand-Deliverv . j Ms. Barbara Garito, City Clerk ! City of Delray Beach 100 N.W. 1st Avenue Detray Beach, Florida 33444 Re: Appeal of Administrative Interpretation Our File No.: CARF002 Dear Barbara: We respectfully request a formal appeal of an administrative interpretation by the Director of Planning and Zoning, Mr. Paul Darling. The administrative interpretation to which we are referencing is in relation to the Conditional Use request for Fairways on the Green. Pursuant to land Development Regulation ("LOR") Section 2.4. 7(E)(1), an appeal may be made of an administrative interpretation. The appeal of an administrator shall be appealed to the Board for which such power has been granted. All such actions are appealable unless an appeal is expressly prohibited. An Appeal may be made by an aggrieved party. Pursuant to LOR Section 2.4.7(E)(2), an appeal by an aggrieved party must be made in writing, directed to the City Clerk, and must provide the following information including the appropriate processing fee. This is that appeal. If a processing fee is owed, please contact us and it will be paid immediately. 1. Identification of the Action Which is Being ADDealed The action being appealed is an administrative interpretation of LOR Section 4.3.3(0)(3)(a) in relation to "Special Requirements for Specific Uses" - Residential Licensed Service Provider Facility (the "Ordinance"). 2. Identification of Who Took the Action and When it Was Made The action was taken by the Director of Planning and Zoning, Mr. Paul Dorling. The action was to deny acceptance and processing of the Conditional Use Application. O:\CARF002\Letter to Garito.Dee 15 2004.rtf Ms. Barbara Garito December 15, 2004 Page 2 3. The Basis of the Appeal The basis of the appeal is that by virtue of the Director's decision, the Director is usurping the authority vested in the Planning and Zoning Board and the City Commission for the City of Delray Beach, Florida. The decision of the Director is that in order for the application to be deemed complete the applicant must provide a demolition plan to show that kitchen facilities will be removed. However, removal of kitchen facilities must be from individual rooms or suites. The applicant is not submitting a conditional use asking that individual rooms or suites be converted. The applicant's application applies to apartments. Appendix " A" of the Land Development Regulations of the City of Delray Beach, Florida defines "apartment" as a type of dwelling unit, occupied by tenants, and located within a multiple family dwelling. It is not an individual room or suite. In addition, if the interpretation of the Ordinance were broad enough to cover apartments, the Ordinance would be in violation of the Fair Housing Act and the Americans with Disabilities Act. Regardless of what the Director may believe is the appropriate response to these particular arguments, it is not up to the Director to decide them. Questions such as these must be presented to the appropriate reviewing board and then to the City Commission for the purposes of supplying an answer in an appropriate quasi-judicial proceeding. To do otherwise would be to deny the applicant due process. 4. The Relief Beina Souaht The relief being sought is that the Conditional Use Application be considered and that the request be processed accordingly. The matter should be directed to the Planning and Zoning Board for consideration and review and then to the City Commission. 5. The Name of the Appellant and the Appellant's Interest in the Matter Weiner and Aronson, P .A. is the agent for the applicant. Caron Foundation of Florida doing business as .Renaissance Institute of Palm Beach, Inc. is the tenant of the property subject to the Conditional Use request and is an affected party. An appeal of an interpretation by an administrator is to be to the Board for which such power has been granted. In this instance, the Planning and Zoning Board has power only to recommend; the City Commission has the power to grant or deny Conditional Uses. Accordingly, the appeal lies with the City Commis,sion and we hereby request that the appeal of the administrative interpretation be placed upon the n convenient City Commission Agenda. 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Et:CI- t~:<'! ëlall; ãä ~ ?:~i §~i i;J :lgC ,.,..1 ~iil ili ~ÞI ä (. r f'1 Cì J> r ~ ÌìÌ ~ =:t CJ ~ lr) §S ~ ~ ~ i =r~ ï :¡ J ~! D ...(!3 ~Ui¡¡¡~ .. "'N" !II titl= N :i:lè;:l!! ~-1 ~š~ tit ~:! 11"" ..~ Ii¡ ~ D ~ ! < ~ ~ !iI ~ ~ Community Improvement Memo From: David Harden, City Manager Lula Butler, Director, Community Improvement tØ To: Date: February 9, 2005 Re: R.A.C.E. Relations Initiative - Phase I Final Report & Recommendations ITEM BEFORE THE COMMISSION: Consider approval of the final report representing Phase I and some of Phase II of the R.A.C.E. Initiative, authorized by the City Commission as received from the contracted consultant, Samuel E. Mathis, Jr., Diversity Business Strategist and Advisor. The report is inclusive of specific recommendations that should be addressed by the Commission under the section "Concluding Recommendations." Mr. Mathis will be presenting the report and recommendations to the Commission. BACKGROUND: The City Commission approved the consultant agreement with Sam E. Mathis, Jr. in the amount of $25,000 for services related to the development and implementation of a "Race Relations Dialog and Strategy" for the City at the November 2, 2004 regular meeting. The agreement provided for a scope of services with specific outcomes identified under Phase I, "Defining Challenges" and Phase II "Task Force Development." Sam has completed the first phase and this report satisfies the first part of Phase II, creating a problem statement resulting from Phase I. The agreement requires him to assist in the development of and criteria for establishing the proposed Collaborative Team as recommended in this report. RECOMMENDATION: Staff is recommending approval of the final report and recommendations as proposed by the consultant. We are also recommending they proceed with developing the criteria for and establishment of the Collaborative Team by April 30, 2005. LB:DQ Ü\t r 1 , , l L.:J I , 1 r f . ¡, r , ¡ l ¡ [I Relationships between Authorities Citizens and Experts (R.A.C.E.) [I r f i í '- i Presented by Samuel E. Mathis, Jr. Diversity Business Strategist and Advisor r ' ì l ¡ f! II r T II In association with Robert Schwartz of Con-census™ February 2005 f' ¡ ¡ li r, ij Delray Beach b.ftd AlI-lmñaCIIJ , 1111.' 1993 2001 [J [I J , , ¡ ,-j r J r _J Project Team and Contacts ~ - f - ~ Many people from varied backgrounds contributed to this report. Very important initiatives and work in the city of Delray Beach has taken place to establish a foundation for this project. The completion of this report will launch future work efforts thanks to the unquantifiable past and current contributions and sacrifices of Delray Beach citizens and community leaders. The R.A.C.E. initiative represents progress and a commitment to continuous improvements in the area of race relations. ;¡ : I THE PROJECT TEAM - ¡ Ms. Lula Butler Community Improvements Director City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 CIDirector@ MvDelravBeach.com 561-243-7203 r , . ! , , : l' Mr. Samuel E. Mathis, Jr. Diversity Business Strategist and Advisor 295 NE 5th Avenue, #23 Delray Beach, Florida 33483 Mathis618 @ aol.com 561-573-8860 J , , ¡ J : I :r J J J J Mr. Robert C. Schwartz Vice President Con-Census TM 744 Gypsy Lane Pittsburgh, Pennsylvania 15228 panimaae @ adelphia.net www.Con-Census.com 412-877 -8526 r j j ~ Relationships between Authorities Citizens and Experts (R.A.C.E.) TABLE OF CONTENTS . r ¡ 1 EXECUTIVE SUMMARY BACKGROUND . r ¡ - , The National and Local Community......................................................................... .........3 A Changing Delray Beach............................... ........ .......... ..............................................................4 Delray Beach Race Related Events.............................................................. ........... .... ....6 A Commitment to Continuous Improvement......................................................................9 J : I SCOPE OF WORK r , ¡ d Phase I - Defining Challenges........................................................................................ 9 Phase II - Collaborative Team Development...................................................................... 9 METHODOLOGY rP [ , Demographic Analysis................................................................................................1 0 Anecdotal Insights.. ....................................................................................................1 0 l ¡ l i DEMOGRAPHIC ASSESSMENT r, ¡ d A Changing Nation.......................................................... ............................... ...... ..... ..11 Delray Beach, Palm Beach County and Florida....:......................................................... ..14 rJ d STAKEHOLDER ASSESSMENT Interviews............................ ......... ................................. ...................... ..... .............. ..15 : r l j J J J Question 1 Summary and Verbatim Responses .............................................................. .18 Question 2 Summary and Verbatim Responses.............................................................. .25 Question 3 Summary and Verbatim Responses ...............................................................28 Question 4 Summary and Verbatim Responses............................................................. ..31 Public Forum............................................................................................................ .34 CONCLUDING RECOMMENDATIONS....................................................................... ...35 r _ i Anticipated Benefits................... ........................ ....................................................... .38 APPENDIX 1 - Public Forum #1...................................................................................39 APPENDIX 2 - Public Forum #2................................................................................ ...49 J J J ¡ ~ T~,n CITY OF DELRA Y BEACH " f ¡ i Relationships between Authorities, Citizens and Experts (R.A.C.E.) Presented by Samuel E. Mathis, Jr. Diversity Business Strategist and Advisor January 2005 r f l ~ r J ~1 EXECUTIVE SUMMARY r ! 1 In 2002 the Delray Beach City Commission established a three-year goal of "Community Unity" . To that end, the Relationship between Authorities, Citizens and Experts (R.A.C.E.) initiative, a proactive approach to identifying key issues of concern and developing plans to address them, was established. According to many top black and white business and civic leaders positive and sometimes challenging issues regarding race are addressed daily in management of the city's affairs. It is the objective that the work presented in this document will result in further proactive actions as recommended. This report clarifies the current issues regarding race and provides focus for a solutions-oriented response. In American history, race has been a divisive factor as political and economic interests sought to respond to transitions in public policy. The evolution of segregation, integration and affirmative action has at times resulted in contention at both the national and local levels. These social engineering efforts and aggressive public policy have resulted in many advances. Despite many accomplishments, efforts to address today's race disparities in areas such as education, economic gains and employment have further polarized communities when not managed properly. This can lead to a "do not touch" approach to critical issues forcing civic leaders to maneuver below the surface in efforts to administer effective initiatives and strategies in diverse communities. The chance of successful and effective reconciliation of race-related issues is substantially diminished when not done proactively. Race, ethnicity, religion and other differences have contributed to the vibrant community that has made Delray Beach a city that is the pride of South Florida. But that hasn't always been the case. In the early 1980s, Delray Beach was known for its high crime rate and a place to exit Interstate 95 for illegal drugs. Fortunately, past and current administrations along with civic and business leaders were determined to revitalize East Atlantic Avenue, West Atlantic Avenue and adjacent neighborhoods. Delray has a rich history of grassroots efforts that have worked to maintain unity and many successful initiatives that contributed to two time recognition as an All-America City. A climate conducive to the collaborative proactive work recommended in this report is in part made possible due to the efforts of many dedicated community leaders. Men Against : r : , l 1 r , l ¡ r ., d r , d r , I 1 : , d :I - , 1 f ~ -j f J 1 © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 1 - r ~ , . f 1 , . Destruction - Defending Against Drugs and Social disorder (MAD DADS), the Village Foundation, Expanding and Preserving our Cultural Heritage (EPOCH), ROOTS and Soul of Delray with many other organizations (see page 6) have all contributed to a vibrant diverse community. The city is now experiencing a renaissance that has resulted in dramatic improvements along East Atlantic Avenue. A revival must also embrace West Atlantic Avenue and its many residences. , 1 ~ f t l l r , This R.A.C.E. initiative report includes two assessments. The Demographic Assessment points to trends that offer opportunity for Delray Beach to leverage its growing diverse population. For instance, the percentage of the black population far exceeds that of the comparable representation in Palm Beach County and the state of Florida 1. In addition, Delray Beach's Asian population more than doubled2 in the last 10 years. Also, the rercentage of Haitians in Delray Beach is one of the highest in the United States. The Stakeholder Assessment reveals a community proud of its accomplishments and growth. Regardless of race, people love Delray Beach and want to see it continue to succeed. The individual interviews and public forums that helped direct this report were lively and well attended. Both represent the contined belief in a collaborative approach to governance that has been a cornerstone for Delray Beach. ~ f ¡ ì f r lÍ q l 1 L ~ r , l i r r This report concludes with recommendations and next steps to establish accountability for actions so that the concerns expressed result in further education, communication and change management for a better Delray Beach. L ¡ , , . Á r, .1 :I -I J J r 1 1 1 1 U.S. Census Bureau, Census 2000 2 U.S. Census Bureau, Census 1990/2000 3 Dr. Bob Maquire, Haitian Program, Trinity University, Washington, D.C. © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 2 - · ., BACKGROUND ~ The National and Local Community · ~ The United States has a rich history of race and ethnicity. Some aspects of America's past are celebrated and other parts expose wounds that are topics of continued dialog today. Huge disparities still exist as research reports assess the economic, education, health and social conditions of various groups. Understanding the demographics, lifestyles and attitudes of racial and ethnic groups is of vital importance to business leaders and policy makers as proactive initiatives are launched. The uniqueness of the Delray Beach community has resulted in its two-time recognition as an All-America City. However, in many ways, it shares the same concerns of a number of communities throughout our state and nation. Leaders in business and government want to capture the strength that diversity brings while overcoming the obstacles that frequently plague communities. - .. , r ! ~ J r f _ 1 , t ¡ l . r , Delray Beach has a history of collaboration and reconciliation in the area of race relations. According to city documents4, prior to the arrival of white settlers, black settlers had already purchased land, built a one-room schoolhouse and obtained a teacher for their new school. By 1901, an equal number of blacks and whites comprised what was then Delray Beach. Since its early days, the African American community has historically been a part of the culture and governance of the city and has consistently maintained representation on the City Commission. - ; r ! · i r y í L 1 .i Delray Beach's recent history includes establishing a chapter of MAD DADS in 1991. The organization later became the Village Foundation helping youth develop the qualities needed to become responsible citizens and to protect and maintain a safe environment for their families and neighbors. The Village Foundation was instrumental in race being part of the dialog as the Delray Beach Master Plan process made significant progress in 2000. Its presence is still evident in the community today. EPOCH continues to archive and treasure the African American history of South Palm Beach County and Delray Beach. The ROOTS Cultural Heritage and the Soul of Delray showcase the cultural arts that are ever present in the African American community. Organizations that have focused on commerce and business development in the black community also have found a place in Delray Beach. The Center for Technology, Enterprise & Development (TED Center) has a focus on supporting minority businesses and economic development. Additionally the Delray Merchant's Association was established to support merchants east and west of Swinton Avenue to overcome the barriers that separate the business community. r , ¡ , i r f ¡ l! - T i r J j r J 4 Downtown Delray Beach Master Plan 2002 © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 3 - f j r , i ¡ l ~ African Americans are not the only black influence in Delray Beach. Only 700 miles separate South Florida from Port-au-Prince, Haiti. Between 1956 and 1985 the United States issued more than 1 million entry visas to Haitians. Many of these were the literate and affluent citizens of which an estimated 500,000 established permanent residence in the United States. In the late 1970s and early 1980s, political turmoil in Haiti forced an estimated 80,000 Haitian people to find a new life in South Florida. Many left the island due to the decline of agriculture as a source of income. Throughout 1981, approximately 1,000 arrived in South Florida every month. Many of these immigrants settled in Delray Beach. The city became home to many hard working Haitian immigrants due to the Dust- Bowl-like conditions of Haiti's farmland. Today, Delray Beach has become a primary link in a process that demographers call"chain migration", a system built on the family and friendship ties that draw more refugees to a certain location. Delray Beach is what the Bronx, New York was to earlier generations of Irish, Italian and Jewish immigrants5. Delray Beach's current population is very conservatively estimated to be 100/0 Haitian6. ~ . ~ r , r , I l i ;1 r , d f ! l! A Changing De/ray Beach I ,J Delray Beach has experienced tremendous change over the last few decades. In the early 1980s it was a city that struggled economically and suffered many of the ills of a declining community. It did offer some of the most inexpensive housing in close proximity to farmland that needed labor. According to some local historians the Haitian immigrant population and African American land owners actually helped stabilize portions of the community during those tough times. Fast forward to today, the downtown is now the pride of the community with residents and visitors from afar seeking the relaxing beaches, shops and excellent restaurants that line East Atlantic Avenue. In the midst of prosperity, however, it is apparent that segregation does exist in Delray Beach as in many communities throughout the United States. Neighborhoods and schools are the most visible indicators of this reality. Though the cause of these separate worlds is beyond the scope of this R.A.C.E. initiative, it is important to note that it does shape perceptions and realities that some, more than others, must deal with daily. Several civic facilities have existed on West Atlantic and have recently been joined by the Atlantic Grove residential, office and retail development, which was successfully completed in 2004 just west of the Delray Beach Tennis Center. Additionally the new Library is under construction and scheduled to open in the fall of 2005 two blocks west of Swinton on West Atlantic Avenue. Numerous collaborative attempts and outreach have occurred to assure the development of an inclusive Downtown Delray Beach Master Plan. The visions and plans articulated are becoming a reality for both East and West Atlantic. Changes have been long anticipated by many as plan reviews, forums and committees have contributed in attempts to assure community collaboration throughout the development process. The historic, social and political r , l ¡ p d r, l i r , Î ¡ d ~ I J , I j J J J 5 Tim Collie, Sun-Sentinel, 12-7-03 6 Dr. Bob Maquire, Haitian Program, Trinity University, Washington, D.C. © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 4- · r r ~ · . significance of West Atlantic Avenue to the African American community is an important factor as the gateway to Delray Beach receives a new face. ~ · . The table on the following three pages highlights some key race relations and community milestones for Delray Beach. Current and past administrations, civic and business leaders and citizens have placed a high value on assuring that community unity grows with the many other facets of revitalization in Delray Beach. l ~ r , I l 1 ~I ~ I r r l i r ., u [ ! J r r · i r, l! ry j :I J J f .j I I © 2005 The Chrismon Group R.A.C.E. - Samuel E. 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(þ(þ ~:m ëêi> W.c f/) ~ o .~ û) .c(þ j~ C.c 0- .~ 0 CU- =õ m~ -E á}.- .9:5 "'00) (þc .~ 'E ....as ~O) ë~ S ~02 ~eE 5 0) E o~o -0020 (þ~o .5 EË SECU £8;( "'0 C as "8 .E c.i "ëñ ~ E .c 0) ~ e £ ãS ~ "5 o c cu +:: °æ J: (þ £ (þ ãi ..0 (þ ~~ ë (þ E (þ > õ > .5 ~ 02 ~ E E o o jen .ê ~ §ë 00. (þc :S.2 ~E CUc .s~ "O(þ ~ã. 0~.5 :g~ ~~ -æ > ~ (þ u. ~ ~ "5"ri 0.æ c c as (þ ~~ J: -æ ::J c c « -g "'0 C .... .2 ~ ãicu "'0- CC ~ e:! ~~ ....c ~o .c+:: 1:::CU «- oC cu(þ ~~ ã. .E - ~ ü: C") o o C\I ~ o C\I o f/) ·s ~ oð t) .Õ) (þ !! û5 f/) a.f/) ~~ eow ~~ cOO o~ Eow oê êi> I ðë5CD (þ .c . 1-" 1.0 - g~ C\lãi @~ LLi ã> ~ E cu C/) LLi U <i. Ii c 1 · ¡ r 1 · . A Commitment to Continuous Improvement in Race Relations ; , In November 2004, the Delray Beach City Commission unanimously approved the R.A.C.E. initiative in an effort to make progress toward its goals of community unity as adopted in 2002. Progress in the area of race, ethnicity and other differences should continue to set Delray Beach apart as an All-America City seeking ways for diversity to be a catalyst for an even greater community. An objective of the R.A.C.E. initiative is to set forth ongoing activity and accountability for sustainable progress in the area of race relations. The history of race relations in our country supports the notion that a proactive approach to looking deep into the underlying systematic and personal issues surrounding race is more effective. Many communities and institutions have not taken action in this arena until faced with a pending crisis. To delay action until prompted by strife, public pressure or pervasive media has proven to be very ineffective, costly and damaging to the reputation and harmony of a community. The ultimate goal of this initiative launched by the City of Delray Beach is to improve relationships among people of different races as the city grows. It is an acknowledgement of a commitment to continuous improvements in the administration of public policy, community relations and communications as they relate to issues affecting ethnic communities. ~ i. l r , ¡ L 1 r , d : I r , ~ i r , · 6 SCOPE OF WORK ~ :r · j , , .1 The R.A.C.E. initiative includes three phases of work. Phase 1 will help define the challenges faced by the community. Phase 2 will develop plans and recommend initiatives to address these challenges. Phase 3 will include certain processes, organizational and resource requirements, and accountabilities to meet defined objectives. Phase 1 and 2 follow. r, .1 Phase 1 - Defining Challenges 1 ! I I · Collect, review and analyze readily available demographic data for a Demographic Assessment Report. · Conduct 25-30 individual and small group interviews for the collection and analysis of anecdotal information to compile a Stakeholder Assessment. · Co-facilitate two public forums for a public response to key issues concerning race relations. - r 1 Phase 2 - Collaborative Team Development t ¡ ¡ j · Create a draft problem statement resulting form Phase 1. · Advise and facilitate the planning and development of a formal community collaborative team to respond to the work of Phase 1. Consultant will assist with establishing objectives for the initial meeting of the collaborative team. 1 © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 9 - J r T I I r 1 ¡ i J. METHODOLOGY ~ Demographics Analysis ¡ < ) T i The United States Census Bureau was used for the source of information in the demographic assessment. Various comparisons to prior census, geographic areas and race categories are presented to assist in the analysis of the future implications for Delray Beach, Florida. I . 1 : ¡ Anecdotal Insights ¡ I r J l L Delray Beach is fortunate to have many people that have made a significant investment of time, effort and energy to the community and once again, volunteered to make this R.A.C.E. initiative possible. The initial list of people to be interviewed was developed with the assistance of the City of Delray Beach's Office of Community Improvement. Additional names were added to assure further diverse insights as the interview process progressed. In total, 30 adult residents of Delray Beach were interviewed -- 20 blacks and 10 whites with diversity in age and gender. All of the interviews solicited responses to the same four questions and ranged from 30 to 60 minutes in length. Each person interviewed had opportunities for additional comments regarding race relations in Delray Beach. Every effort was made not to lead or suggest responses to the questions while encouraging honesty and candor. All of the interviews were conducted by Samuel E. Mathis, Jr. [ ! r , u, ~ ! d r! d The collection of anecdotal responses was not a scientific survey to provide a quantifiable weighted value to specific concerns. It should not be assumed that the concerns are those of the entire community but they do provide a context for which future work is to be conducted. r , l i , ¡ ¡ i The public forums were scheduled and publicized by the Office of Community Improvement for the City of Delray Beach facilitated by Samuel E. Mathis, Jr. A methodology was developed and delivered by Robert C. Schwartz of Con- census 1M. The methodology utilizes technology in soliciting and posting responses to questions, then engaging the audience in a comparative ranking process. This method allows for hundreds to participate in posting and prioritizing issues to be addressed. Audience input, passive or assertive, was captured in a democratic fashion resulting in a collaborative session with documented outcomes. In all, two public sessions were conducted in order to reach as many people as possible. The first session, held December 13, 2004, included 121 participates (approximately 63 white and 58 black). The second session, held on January 13, 2005, included 83 participates (approximately 35 white, 40 black and 8 other). r , [ l i , j , J J 1 j © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 10- f .., · i DEMOGRAPHIC ASSESSMENT ~ A Changing Nation - demographic review < ~ , ; Our nation has embraced desegregation, civil rights legislation and continued debates regarding the administration of public policy and resources to assure that the promise of America becomes the practice of America. Dramatic shifts in the racial composition and the associated economic implications have impacted communities and institutions throughout our country. According to the Securities Industry Association, U.S. Census Bureau 2000 Report, the multiethnic (non- white) population represents 24.9% of the U.S. population. This was an increase from the less than 20% multiethnic population in 1980. Projections indicate a continued increase of the multiethnic population to 33.30/0 in 2010 and the white population declining to 50% of the U.S. population by the year 2040. · i f 1 ! .. . ~ i [ J [I r! l i Shift in U.S. Demographics o d 90.00/0 80.0% 70.0% 5 60.0% ~ .!! 50.0% &. 40.0% ~ 30.0% 20.0% 10.0% 0.0% II White I. Multiethnic . q i ' l .. r, d rY : J U 1980 2000 2010 Year - Past and Projected 2040 r , , I d Source: Securities Industries Association, U.S. Census Bureau · ! j J j The term "minority" is no longer an appropriate description for ethnic groups in 48 of the nation's 100 largest cities. In 1990, whites comprised more than 50% of the population in 70 cities. According to The Brookings Institutions Center on Urban and Metropolitan Policy, whites are now only a majority in 52 of the nation's 100 largest cities. Each racial category introduces various unique opportunities for communities throughout this country to address long-held systems, attitudes and behaviors that will inhibit the successful administration of public policy. These pending shifts in the population also provide positive opportunities for growth and community enrichment. , j , I · ¡ © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 11 - < ì I · , f r · l u.s. Population by Race ~ · 1 ~ . Hispanic, 12.5% ~ T ¡ J. . f 1 ~I [I [ I Source: u.s. Census Bureau, Census 2000 r l' In 1950, the multiethnic workforce represented 7.60/0 of the total workforce. By the year 2000, the multiethnic or non-white worker had exceeded 150/0 of the workforce7. Looking ahead, by 2020, multiethnic workers are projected to surpass 300/0 of the total workforce according to the Hudson Institute, a public policy research organization. q l À d r , ¡ d As the structures that define Delray Beach change, the people are changing as well. A comparison of the 1990 and the 2000 U.S. Census Bureau Reports for the city reflect a population growth of more than 27% in that 1 Q-year span. It should be noted that for 2000, the Census Bureau considers Hispanic to be an ethnicity rather than a race. All respondents were asked to identify themselves as Hispanic or non-Hispanic as well as designating a race. r r , d :1 :I J -, j I I I 7 u.S. Labor Department © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 12 - f" , I . . 190 to 100 % Increase by Groups for Delray Beach, FL ~ i i Am Ind Black White Female Male Total < 1 Other Hispanic As ian Pac f1 r I i ¡ :1 f' t 1 0% 20% 40% 60% 80% 100% 120% 140% Source: U.S. Census Bureau, Census 1990 & 2000 [ I r r l j When comparing population gains in 1990 and 2000, the greatest percentage increase was in Delray Beach's Asian community at more than 1150/0. It is important to note that the Asian category includes seven sub-categories with over 400/0 Asian Indian. The state of Florida, Palm Beach County and other municipalities throughout our region have become home for many Haitian immigrates as cities continue to seek credible method of measuring the current and potential impact. Delray Beach introduced various initiatives in preparation for the most recent census to dramatically improve new immigrant participation. P' ~ .. [ ! u :1 :I :I J J I I I © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor -13- f t I , 1 f f , l Delray Beach, Palm Beach County and Florida · , It is also important to note several distinctions in the population of Delray Beach when compared to Palm Beach County and the state of Florida. While the black or African Americans represent 13.10;0 of the county and 14.6% of the state, Delray Beach's black or African American population is significantly higher at 26.6%. Those designating themselves as Hispanic of any race were 12.6% and 16.8% for the county and state respectively. On the other hand, Delray Beach's Hispanic population was only 70;0. ~ · . ~ i f f t 1 ;1 Year 2000 - % of Population by Group r r Black . Delray o Florida I . PB County Multirace [ I Other r f i i tis pan Ie As ian Pac Amer Ind d White Female r ! d Male 0.0% 20.0% 40.0% 60.0% 80.0% 100.0% r , · i Source: U.S. Census Bureau, Census 2000 r , J J J J I 1 I © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor -14- , j f , , . . STAKEHOLDER ASSESSMENT f 1 The Stakeholder Assessment included interviews and public forums as methods of collecting community perceptions regarding race relations in Delray Beach. As mentioned in the section on methodology, this was not a scientific survey to provide a quantifiable weighted value to specific concerns. The responses gathered should not be considered the concerns of the entire community, but a context for which future work is to be conducted. Interviews and Public Forum Responses The following questions were posed to each of the subjects and at the public forums: Question 1 What are the key concerns regarding race relations in Delray Beach? Question 2 (interviews only) What are the factors for improving race relations in the City of Delray Beach? Question 3 What can organizations, institutions and city government do to help resolve the race issues in Delray Beach? Question 4 What would you tell other individuals they could do to help resolve the race issues in Delray Beach? Public Forum Only Question 5 What separates us as a community? Question 6 What criteria would define a successful R.A.C.E. meeting (public forum)? Question 7 In a racial context, drawing from personal experience, what frustrates you the most? Question 8 What issues from the December 1:jh meeting would you like to look at deeper? Question 9 In a racial context, what factors are key considerations concerning education? f , . . i ¡ f1 , í ì. i ¡ ¡ r , l 1 r 1 ~ ¡ r , . .. : ! " ~ , r 1 , 1 .1 - i ) I I , J r i © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 15 - I f , T 1 Questions 1, 3 and 5 were asked at the first public forum. Questions 4, 6, 7, 8 and 9 were posed to the attendees at the second. A report for each meeting (see appendix) was developed by Robert C. Schwartz of Con-census™ who also facilitated the sessions. The sessions effectively identified issues and provided a ranking based on the perceived level of importance by the participants. Many of the concerns were consistent with the findings in the interviews and are grouped into eight focus areas. · Attitudes, Feelings and Behaviors · Public Policy and Administration (Community Redevelopment Agency, Schools, Police, etc.) · East and West Atlantic Development · Haitian Community Issues · Inclusion / Representation · Housing · Communication · Economic Development Attitudes. Feelinas and Behaviors Race, gender and other differences among people produce a wide range of personal feelings. A person's stereotypes and notions of inferiority and superiority lead to conscious and subconscious behaviors that can influence other individuals and at times groups of people based on these differences. Intentional or unintentional behaviors can result in undesired and nonproductive consequences if perceived as being racist. As progressive leaders and communities seek to navigate the vast nuances of social, economic racial differences, efforts to understand and address these attitudes and feelings will result in greater collaboration. Public Policv and Administration (CRA. Schools. Police. etc.) Organizational development, management, strategies and governance initiatives once deployed assumes an understanding of the people that are being served. With the best intentions, strategies and public policy are established with the best interest of the community in mind. Due to the changes taking place in communities throughout the United States, what worked yesterday may not work today in a multicultural environment. Social, political and business institutions must revisit their missions relative to various groups and their contribution to the collective good of the community as a whole. East and West Atlantic Development The change taking place along Atlantic Avenue in Delray Beach is the pride of many. Regardless of race, social status or geography of residence, many people are excited about this positive transformation. Conversely, a number of citizens fear that change will result in a loss of property and cultural heritage. To many, it I < . r , J. L 1"1 i 1 : I ~ ! r r l ¡ r f l 6 [ ~ l . , r " ~ 'T , 1 - r r ¡ I I f ! ) , 1 © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 16- , j · ì r , , j also represents threatening growth, control and change with the benefit going to a few powerful people. Haitian Community Issues Anyone living in Delray Beach must take notice of the Haitian community and its many influences. In fact, Delray Beach is known as "the land of opportunity" to many people in Haiti who have connections to family and friends here. Haitians are a significant part of Delray Beach's future. Issues of cultural understanding and language surface due to the many recent immigrants populating Delray Beach. The ability to proactively embrace Haitian immigrants and facilitate the growth of that segment of the community will again showcase Delray Beach as a truly unique American city. Inclusion / Recresentation People can sometimes feel excluded from the community unification process. This sense of exclusion is not always due to race, gender or the other conventional affinity groups. Initiatives to allow for diverse citizen involvement and input have been a cornerstone of the culture in Delray Beach. Representation is also approached in a very pragmatic manner. People want to know that others like them "have a seat at the table". Housing Due to the increasing property values in Delray Beach, it is inevitable that people will leave the community seeking more affordable housing. Many have acknowledged that Delray Beach is distinctive when compared to neighboring communities due to its perception of economic diversity. This attribute has its roots in the availability of a variety of housing options in the community. This is embraced in the context of race due to the current economic and housing disparity that appears to exist between blacks and whites in the city. Communication · . ~ r r l 6 , I · 1 · r i - I ¡ I f ¡ ) An effective method of providing news and timely information on various initiatives to the citizens of Delray Beach is imperative to the success of this project. Additionally, the communications back to the leaders and policy makers is just as important. Because of the various diverse segments of the community, a number of vehicles could be instrumental in establishing this vital two-way communications exchange. Economic Develocment Segments of the business community that have historically been disenfranchised could be a viable avenue for new business growth in Delray Beach. A wide array of products and services are needed to support a diverse community. In many cities throughout the country revitalization has been successful when paired with business growth opportunities for people that live in those communities. r j I I © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis. Jr. - Diversity Business Strategist & Advisor - 17- , 1 f" 1 ì , ~ r j QUESTION 1 What are the key concerns regarding race relations in Delray Beach? The top three listed in the order of priority as determined by the attendees of the public forum. 1. Education/Schools 2. Prejudice (racism) 3. Affordable Housing Summary Trust and respect for the concerns of others, indifference regarding issues of race, and cultural awareness of the African American, Hispanic and Haitian cultures in Delray Beach are key concerns. Previous attempts to address these concerns directly where discontinued. Additionally many residents are not aware of the process of implementing the SW /NW Neighborhood Plan. This has fueled the impression in the African American community that the Downtown Master Plan is not consistent with the previously understood plan and the Citizen Design Workshop. Concern about the sustainability and viability of the various African American initiatives (Village Foundation, EPOCH, ROOTS, Soul of Delray, etc.) was shared by many. The alignment of these cultural initiatives with other similar strategies supported by the City of Delray Beach is desired. The ability for the black community to own homes and businesses in Delray Beach is a fleeting dream due to the increasing investments required. Appropriate African American and Haitian representation throughout city departments and elected positions is anticipated. Verbatim Interview Responses to Question 1 What are the key concerns regarding race relations in Delray Beach? Attitudes, Feelings and Behaviors - People (both black & white) that always look for something wrong or have a hidden agenda. - Past efforts at improving race relations have failed. Having all the whites admit to being a racist did not seem to be very productive. - Mistrust is an issue. - Need a safe space to work these issues out without it getting too personal. - Individual racism. Cultural sensitivity on both sides needs to occur. Stereotypes have been reinforcing in all communities. Those in control that deny people access to opportunity because of their race are racist. - Bias and prejudice. - Must learn how to deal with differences. - People are disrespected once they put a hand out to help those in need of assistance with various projects. - Top officials and city administrators wear mask on their face. You never see the real them. They say one thing and then do another. When questioned, substantive answers are provided. L1 í ì '- i f r , .. r -, I [ 1; : t f l ~ I r , t r r L ; : I . i - r . i - f 1 -r 1 I T l j T ¡ i 1 1 © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 18 - í f f 1 " 1 I I What are the key concerns reaardina race relations in Delrav Beach? - Mistrust. Leaders have not shown interest for years and now they want to show concern. - No attempt has been made to understand the unique needs of the black community. There has been a rush to judge without taking a close look at what the real issues are. - It is not an issue with most people. They accept the problems that exist as the status quo. They just go along with it and are afraid to do anything. Prejudice is an issue but people do not see it that way. They subconsciously pre-judge people and situations. - Artificial boundaries exist in Delray. East and West Atlantic is a good example. The boundary is moving further west of Swinton. - Artificial boundaries are made by the older people in the community easier. Younger people do not adhere to them as easy. - Trust. This is not a new problem. It has been very bad in the past; it has improved a lot, but currently seems to be eroding a bit. The perception is that things are slipping due to interest in all the new development. - Mistrust is due to cultural misunderstandings among people that are just different. The mayor has a good heart and wants to do the right thing. Not sure about the others. Some are not sure about the mayor. - Many liberal minds think we are doing well and should leave the issue alone. - Whites feel there is not credit or recognition being given for the things that are being done right or attempts to do things better. Have a desire and made attempts to do more with blacks but it has backfired. - No major issues exist today. - Good intentions on the part of the white community and its leaders will sometimes backfire as a result of a lack of understanding. - Not sure if race is an issue. - Must look beneath the surface for racist beliefs and activities. - Race relations are not an issue today. Relationships are much better than they were years ago. - It is not fashionable to be racist today so much of it is very subtle and hidden. Public Policy and Administration - Fair practices in hiring and for promotions within city government. City employees have complained that they have been passed for promotions and advancement opportunities. - Employment discrimination among city employees has been claimed by some. - Hispanic representation at higher levels throughout the city is needed. " ¡ !..--1 -; i- ¡ ~ ~ r r ¡ '- k ;¡ r , ~ 1 , ! l i r f l . ~ l' ¡ . 1 - r .1 - T 1 r ¡ 1 , 1 1 © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor -19- < 1 i I . 1 f f I l' I i What are the key concerns regardina race relations in Defrav Beach? - CRA hiring a consultant to provide direction for EPOCH is a slap in the face. EPOCH is very capable of running their business. This has not been done for any of the white non-profit organizations. - Job availability, education, crime, etc., needs to be addressed by authorities. - Institutional racism is a problem. The system and the way things have been done has been a part of the problem. Must look at why so much disparity occurs between the races and acknowledge that even though it is not intended, the system contributes to it. - Social and recreational opportunity is lacking for young blacks in the community. - The ability for the black community to do what is required once funds are allocated has not been proven. - Process for awarding city construction projects is not clear. Seems like the same people get picked. - They (blacks) want the money but not help with assuring the funds are used most effectively. - Budget allocations (City and CRA/CBG) for EPOCH have not been fairly administered compared to what is being done with other non-profits. Inequities in treatment of various initiatives. City has not captured the real strength of the African American heritage that exists here. It will not be the community that it can be until this is done. Other initiatives important to the city get the resources needed. - No clear channel of leadership in the black community. - The church and the underground women's networks works sometime and other times not. - A lot of competition among groups at the expense of the community. - Concern about various community activist getting paid (unofficially) or benefiting as a result of their role. - Village Academy was supposed to be providing a level playing field for our youth. - No leaders identified as in the past to speak up regarding issues that the community is faced with. - CRA process to assist the community falls short. - Inequitable treatment of various agencies. - Equal care and maintenance of the alleys in the black areas of town. - Additional focus on the schools in the city. They are becoming more segregated due to white families going to private schools. - The entertainment that is offered on East Atlantic attracts a certain type of people. People that are most likely to be attracted are white. - Other initiatives have been started and failed. Someone must be accountable to keep it going. Continuity must be built-in and fined tuned along the way. , i ~ í r ¡ l i f T ¡ ¡ "- . rl [] f1 i! r , t .. p l. rr d r, II r, ~ j J I , ¡ j I ¡ © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 20- ~ 1 · .. '" r · 1 What are the key concerns reaardina race relations in Delrav Beach? 4 J I J I I j - School boundaries have created a lack of pride and division in the community. East and West Atlantic Development - Economic growth in the African American community. Money is coming into the community but little of it benefiting the people that live there. - The perception is that blacks are being pushed out of the community by developers. - There is not a plan for the people that are being displaced. - Fear of the community. Fear of displacement. - Gentrification has become a race issue. Property values are going up and people will move out. The property will be taken and the history of black Delray Beach is lost. - Fear of CRA taking the property. - The business community is segregated. The city must seek to get brand name chain stores or white businesses on West Atlantic and black businesses should be located on East Atlantic. - Unequal development and attention between East and West Atlantic. - Development of West Atlantic cannot happen without displacing the people that live there. - East of Swinton still looks a lot better, cleaner and safer than west of Swinton. Many black businesses that were once on Atlantic Avenue are no longer there. This was our land and now we are losing it. - Fear of being displaced due to development and not being able to remain in Delray Beach. - Fear that increased property taxes will not allow many to remain if not displaced. - Fear that growth and development will diminish the quality of life for the residence. - Fear that historically significant structures west of Swinton will not be preserved as others throughout the community have. - The development of West Atlantic is a key concern. East and West Atlantic should not look any different. There is currently a big difference in the two environments. - West Atlantic has had a rough past and now that improvements are being made the people that live there are being kicked out. - Lack of understanding between developers/business people and the community. Blacks in the area will fall victim to the change taking place. - Certain policies are not allowing blacks to maintain a historic district in Delray Beach. - Citizen comments and thoughts are solicited then the actual plans turn out different. The current development plans for West Atlantic is not what was © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 21 - · .. ¡ r t 1 f f ! t ~ ; I :1 y 1 II f , l. ~ ! I ' li q l i [1 r f LÌ f 1 . ¡ f r 1 l r i What are the key concerns regardina race relations in De/rav Beach? discussed (no buildings over two stories, no development beyond certain distance to the north and south of West Atlantic, etc.). - Excited about the changes in Delray but feel that there is nothing (clubs, entertainment, markets) on W. Atlantic for them. The consensus was, liThe white man and his money are taking overll. Haitian Community Issues - lack of Haitian representation. Should be representation at all levels in every institution. - Police department really needs to understand the Haitian community better. The entire perspective of corporal punishment is different. More representation on the police force would help overcome that obstacle. - Things need to be done to empower the Haitian community. - Little representation in important city positions. - The African American against Haitian is a problem. - Better dialog with the Haitian community. It is an untapped resource. There is a significant population in the community that does not have Haitians plugged in. - Haitian communities west of 95 get along well with everyone. - Haitians feel left out in the affairs of the community. Translation is one thing but understanding is another. - There are not initiatives to unite the Haitian and the African American communities. Should focus on the common history of both cultures. - Haitian radio, 980 AM is a great way to reach that community. Inclusion / Representation - Separation. Conflicting opinions are not received well. If it does not feel good, it is overlooked, avoided to move to the next thing. - Established black leaders that are attempting to do the best they can to resolve issues for the community by working with city government. - Black people outside the "established black leadersll look at government with mistrust. They put up barriers to slow progress. - People (gatekeepers) have been unofficially been appointed to keep the natives calm. The gatekeepers have benefited, and white privilege has been maintained as a result. - The method of community growth has not been inclusive. - IITheyll choose the leaders to represent the black community. Once they do not go along with the program the leader is dethroned. - In the midst of all of the growth in Delray all people must feel like they are moving forward and no part of the community is being neglected. Housing, crime, education issues must be addressed. ~ . , ¡ < ~ f r ! i ; 1 r , i 1 ~ r II r , l . [ r l1 r r d [I :I -1 J J f J ¡ I © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 22- f 1 , 1 f 1 I , 1 ~I :I What are the key concerns reaardina race relations in Delrav Beach? - There are some city-sponsored activities with no white representation and some with no black representation. This is not good for the city. - Diversity in key leadership positions in the city is needed. - Needs to be a IIgo to personll in city government for resolution of issues relative to diversity. - Representation of various citizens group to facilitate the process. - Should be more representation of minority managers and higher in various city departments. - Needs to be additional African American voices in what is being done. - Should be more black involvement in the city's economic development efforts. CRA may not be doing the outreach required to be inclusive of the black community. Housing - Integration of neighborhood housing needs to be successful in order to impact the schools and the way people socialize. - Integration of neighborhoods. Implementation of workforce and affordable housing projects. Housing segregation has been accepted as part of the status quo. Not only housing but schools, churches and social circles are segregated. - Must preserve the neighborhoods. Should acknowledge the depletion of black ownership (Black Flight). Property values could force people out. As values increase, owners will opt to sale to developers and others. - A big negative for the entire community is the condition of Carver Estate affordable housing development. We must do something about the quality of life and safety issues there. - Property values in the SW are higher than a lot of people thought they were. - Many Hispanics work in Delray Beach but cannot afford to live here. Communication .!:..-1 ¡- f ¡ i ) f , ¡ .. L :1 [I ¡ t i 1 r r ; l j, { ! l í r r l } r, d , ! I _i - Having information about who is in charge is a big problem. - Information about the decision-making process regarding funding of various initiatives is a problem. - No vehicle to educate and communicate issues. The Community land Trust could offer a solution. - lack of communication is a key factor. Economic Development - Fear the economic advancement in the city has not and will not include the black community. , 1 , J f j © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 23- 1 r .. r , l r r What are the key concerns reaardina race relations in Delrav Beach? . i 4 - Need more minority-owned businesses in the city. Current efforts (T.E.D. Center) have not been successful or very effective. They have been a waste of money. The NW/SW 5th Ave revitalization will not be what it can be without a vibrant minority business community. - Minority participation should be included in the growth and development of the city. This must be a part of the equation. < ~ r r . l : ! [I [ I [I f r l~ t¡ r, l i rl II [I J :I J .I I j © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 24- r 1 , 1 f 1 :.....1 QUESTION 2 What are the factors for improving race relations in the City of De/ray Beach? InterView question only I Summary Acknowledge the need to have constructive dialog and development tools for successful team building in a multicultural community. Perceptions of the real and artificial barriers between races are passed from generation to generation but are improving. Many felt that the city has initiatives in place that few take advantage of. Once policies and processes of city government are effectively communicated, people must seek to use the system to their advantage and get involved. Delray Beach should continue to offer culturally enriching activities for the entire community and seek ways to encourage people to cross the "color divide". In addition to art and culture, youth/adult sports activities can be instrumental in getting people to know each other. Verbatim Interview ResDonses to Question 2 What are the factors for improving race relations in the City of Delray Beach? Attitudes, Feelings and Behaviors Constructive and honest dialog about the issues. - Forgiveness should be offered and accepted. - Positively embrace the past so that we can all get on the same page as we move forward. - Acknowledge that feelings are real. Do not underestimate or diminish how people feel. - Must learn to trust each other. - Leave personal feelings at the door. Race and religious issues need to be addressed to make real progress. - Make sure that the white community understands the unintended impact. - Must keep trying in the face of resentment. Seek to understand the process and work within it. - "Soft skills" should be developed to improve an individual's ability to work with people regardless of the differences. Public Policy and Administration - Determine what the root cause of many our problems and then make changes to correct them. - Continue to provide culturally enriching activities for the entire community. Should set goals to make all of activities more diverse in their audience participation. Whites should go the west and blacks to the east to seek events and activities to attend. - A voice for the black/Haitian communities should be established. - Improvements at Pompey Park have been good. . . L i f ., t j; I r , ¡ [ ¡ r, ~ 1 ff l ¡ r r I . ~! l i r T d r , ¡ l . f r l ~ , t r j r ¡ ! f t j; , I j © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 25- 1 ... , : ¡ J J l What are the factors for imorovina race relations in the City of De/rav Beach? - A voice for the black community is needed. There is no one that seems to represent the dominant interest of that segment of the community. They need a voice expressing concern. - This current process executed should address many of the problems. Delray Beach is on the right track. Seems like things could happen faster. - Continue to have a diverse city commission and boards of directors throughout the city. - The commission as a whole should hold meetings with various ethnic groups to increase awareness of the issues. - Leaders and other citizens should visit neighborhoods they do not normally visit so they could better understand what the issues are. - Must get to know each other. Various community and neighborhood associations are a good way to do that. - The "Pot Luck" dinners sponsored by the city are great but they do not seem to be reaching many people. - Should identify opportunities to "naturally" bring people together. People have common interest that will transcend race, economic disparities and other differences. - People need to be equipped and empowered to build their communities. - Level of involvement at the city staff level is good. - Everybody should be included in all phases of community involvement. - Young people must get more involved. - Find a significant event to point to changes being made to demonstrate that people care. Work on barriers that are separating the communities. Should benchmark other communities to see what they are doing. - Jobs in the community are needed so people can afford to stay. - Code enforcement is not sensitive to the unique conditions and cultural implications in the community. - Alberta McCarthy and Lula Butler are doing a good job in getting people involved. - The outreach to welcome mixed involvement in the various festivals in the city is good. - Involve entire community at large in an education process for "Community Unity" . - Be proactive. - The recommendations coming forth from this process must embrace the concerns of the community. - Sports can be promoted and supported as a common ground for everyone to come together. - Start teaching kids early to respect all people. - The cultural arts should bring the community together. Music and the arts will breakdown barriers. . j, ~ . , ì " í f f .. j; : I ;1 : , i i p l ~ r! lj r , t d r, d I J © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 26- f T I . . f , What are the factors for improving race relations in the City of Delrav Beach? , . - Old School Square should seek to be more diverse in its activities. It can be a place for ALL of the community to come together. East and West Atlantic Development - Development of a plan for those that are to be displaced by the West Atlantic changes. - Chamber of Commerce should take the lead in attempting to stimulate business development west of Swinton. - Look at how the dollars are being spent to really grow West Atlantic. Inclusion / Representation - More diverse representation on boards will help make things better. - Identifying key representatives of the black community. Communication f 1 i i f r . i l ¡ f' II r' , I- ti , [ j - Provide proactive and creative initiatives to reach and communicate with the community. Provide an effective vehicle and method of communicating. - Should work to "showcase" with a PR campaign all of the right things or good things that are happening in Delray regarding race relations. Good faith efforts to communicate. More working sessions, brainstorming, etc. with appropriate authorities involved. - Develop a way to know who, how, and what to getting progress underway. - Building trust = better communications. - Better and more deliberate communications. - Get people on the same agenda. - Keep the community informed about what is going on. Economic Development - Economic stimulation will help generate businesses in the community, property ownership and jobs. - Minority businesses on Atlantic Avenue will help. - Subsidies and assistance must be built in or else it will not happen. Blacks are not starting at the same point and cannot be expected to participate. Access to capital and other resources is critical. - Black-owned businesses should be supported to help them be successful. - The TED Center has helped minority businesses get started in the right direction. It is a good resource that others should take advantage of. r , , . ¡ \ l .. p l ~ r , l i q II :I J 1 I I © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 27- , T I . I f r , l QUESTION 3 What can organizations, institutions and city government do to help resolve the race issues in Delray Beach? The top three listed in the order of priority as determined by the attendees of the public forum. 1. Empower black land-owners to develop rather than sell 2. Build respect 3. Work with community organizations ~ '- l r r i i L 1 Summary Organizations must reach out to each other for the common good of the community. Must look beyond their independent agendas and interest that at times work to create division and wasted resources. It is perceived that many groups in the African American community are competing with each other and should work to clarify their unique functions within the community. Institutions should be inclusive and look at what they do to exclude certain people. Various agencies and organizations should work to assure diversity in their leadership ranks. Community development corporations can participate in the revitalization of West Atlantic Avenue. Old School Square is a great place to bring the community together. Businesses should offer contributions and in-kind support for effective community initiatives. They should also be encouraged to invest and grow on West Atlantic Avenue. Schools can work to facilitate training younger people how to function in a multicultural environment. f r 1 i f , i 1 f r ¡ .I. 6 , , r , l k r 1 l i Verbatim Interview Responses to Question 3 What can organizations, institutions and city government do to help resolve the race issues in Delray Beach? [1 Attitudes, Feelings and Behaviors , i - Must come together for a sense of ownership of the issue. - Must be honest with each other about our concerns. - Organizations are not reaching out to each other. This breeds a lack of knowledge and understanding of the various functions of different organizations throughout the city. - Leaders in institutions must be willing not to have all the answers. - Must enter into a learning mode. - All institutions should work to bring people together. A lot of self-interest among the various groups. - All groups and organizations should work together and broaden their perspective to include the entire community. - People bring their personal baggage into the policy-making process. - Organizations should come together. There is strength in unity. Groups should come together as a united front with certain issues defined that they can support. : f ¡ d J " f J r j J © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 28- J < T . ! ~ 1 What can organizations. institutions and city Government do to helD resolve the race issues in Delrav Beach? ~ - Act as advocates for the right change. Public Policy and Administration J.. }. r 1 - Initiatives must be done through the institutions and organizations. They are of vital importance. - Cannot resolve the problems. This is a beginning. - Open up the process to get feedback and various perspectives. - City has done a lot, now the community needs to respond. - Donlt neglect the Hispanic and Haitian communities. - Community Child Care Center is a huge success in the community. The business community heavily supports it. - The public school system is a good avenue for people to mix but many avoid it by placing their kids in private schools. Be inclusive. Should belong to the Chamber, TED Center, minority business outreach efforts should be improved. - Without a defined process we have nothing. Must be willing to do business differently. Do an honest assessment and understand what is currently being done by all to maintain the current construct. Many non-profits do not understand the problem. Self-serving interest will maintain the status quo. - Fraternities and sororities can play a more active role in improving the community. EPOCH is a success and should be built as a focal point on NW 5th Ave. - Old School Square should be used more to draw the community together. - All should get involved. Blacks should focus on learning the process. - African American ministers can play an important role but they do not live in the community and most do not respond to concerns. - Old School Square, Spady Museum, Roots, etc., all need to be economically stable for them to be successful. - The library and Old School Square in the center of the city present a challenge for the facilities and service to address the needs of everyone. - Non-profits should get the help that is needed to be more effective. - Churches need help and direction. - Too many groups attempting to do the same thing. This creates confusion on both sides (black and white). Groups are pulling each other down and need to clean up their act. Businesses, churches and non-profit organizations should be viewed as a common ground for all of the community. - Leaders in the community need to be seen supporting all segments of the community. f r ,¡ ~ : I f f L i r r . } I. ) r , i. ~ r , L ~ q d r f l ì r , ! L 1 r J r i , j , 1 © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 29- p I j , ì . 1 f , What can oraanizations. institutions and city aovernment do to helD resolve the race issues in Delrav Beach? ~ , 1 - Businesses must give (money and leadership) back. They must provide funding and support for various projects to improve the community. Schools (public) have made a lot of progress. Train the younger people to be ready to take charge and provide leadership. - Moving the Roots Festival to Old School Square was a good thing. ~ 1 ~ r ~ i f , ~ I East and West Atlantic Development f' L 1 - Empower CDCs to get more involved in the development of West Atlantic. - Must get creative and form investment groups to maintain some type of economic stability in the black community. The organizations should come together for a common good. r , i í Inclusion / Representation , r .1 - All organizations should establish policies that require them to be inclusive. - Should insure black participation in all activities. - Economic disparity has led to some elitist perspectives. - They can focus on formal networking opportunities with topics of interest to everyone. - CRA must have subsidies for proposed businesses. Its board is mostly white. - Should challenge organizations to diversify their ranks and find blacks that are willing and have the time to participate. - EPOCH board member stepping down due to pressure from the city. He was not liked by the commissioners. r , l . r ., l ) r r , ~ : I Communication r i - Improve communications. Tell the story right. Everybody wants the best for the community and their families. - Community groups should stay on top of the issues that impact their city. i ¡ Economic Development f ¡ j¡ - The city should encourage creative approaches to business success in the minority community. r 1 ! © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 30- r ¡ j , . r · > ,. 1 , . QUESTION 4 What would you tell other individuals they could do to help resolve the race issues in Delray Beach? The top three listed in the order of priority as determined by the attendees of the public forum. 1. Vote 2. Respect and cooperate with each other 3. Shared responsibility to integrate and promote respect in our government ~ · t f 1 · i Summary f r ~ 1 Everyone must be willing to be a part of the solution by increasing their awareness of the issues. People should seek to understand by educating themselves, asking questions and listening. This is best done by knowing and getting involved with all types of people. Citizens should be advocates for making change take place in their home, social life, churches, schools, businesses and other institutions. r i l £ r r i i Verbatim Interview Responses to Question 4 What would you tell other individuals they could do to help resolve the race issues in De/ray Beach? r , l . r , Attitudes, Feelings and Behaviors l ! I - Must be motivated to solve the problem. - Should have a willing disposition. - Continue self improvement and cultural competency. - Leave your comfort zone, walk in someone elsels shoes for better understanding of the issues. - African Americans must get involved. Must know what the role of various institutions and agencies are. - Seek to understand the cultural implications and start working on them in the High Schools. - Government - Leave baggage at the door in order not to reinforce the negative. - White organizations - Instead of being critical and dissecting things that have not gone well, embrace it in order to learn how to lead to changes for the better. - Minorities-Acknowledge that the feelings are real, work on the reasons behind those feelings. Ask what needs to be done to improve the situation. Need to seek to hear all of the voices. Many are unheard and have given up. They must be reached for progress to occur. - The city belongs to you (blacks) and you should participate in it all. Old School Square is yours. - Tolerance r , d r r l ¡ L L r 1 r j r ¡ j¡ r f j © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 31 - 1 " r r f What would YOU tell other individuals they could do to helD resolve the race issues in Delrav Beach? ~ l - Have good listening skills - Multicultural skills should be required for all city employees. All should be taught the "spirit of Delray" ... we are all one community ... we believe in diversity. - Be open and honest, listen and seek to understand. - Everyone must become introspective and make a decision that racism needs to be eliminated. This may mean that each of us may need to change. - Too late to change or say anything to the old people. - Start with the children. Provide ways for them to intermingle and get to know each other. - Avoid stereotyping. - Seek to get involved and mingle with people that are not like you. - Walk in other people's shoes. Take interest. Be informed. Participate. - Need to get to the root of how I feel, what triggered it and why I feel the way I do. - Volunteer in civic activities. - Both blacks and whites should cross over the race barrier and get plugged in based on their interest. - People should take note of how many people they mix with that are not like them. - People need to acknowledge their own bias without trying to defend themselves. - Get involved. Don't just sit on things that concern you. - Do not be judgmental. Listen before drawing a fast conclusion. - Do what is needed, not what is wanted. - Tolerance, acceptance, overcome misconceptions and stereotypes. Learn to trust. - Spend time with the other side. Get others together to talk and know each other. - Each person should do a self-assessment of where they are. If they are not happy, they cannot help anybody else. - You have to be a friend to find a friend. Compromise and work as a team. - Should treat each other with respect. - People should be judged on who they are and not what they are. - Black people should take more of a leadership role. - Take time to get involved. - Deal with sensitivities around the issue of race. - Work together. " ! r , , 1 , r L i J , r ¡ " ~ " j. " ~ " r i J 1 , ¡ j f j , 1 r 1 r I i r , ~ © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 32- j r f 1 1 · , What would yOU tell other individuals they could do to helD resolve the race issues in Defrav Beach? ~ · j - Accept help when it is offered. - Listen, communicate, educate. People must see this as more than race but as a human issue. Race problems arise when people do not articulate the issues appropriately. - Get involved in a positive way. All of the activities in the city should have diverse involvement. - It always comes back to the individual. How they think, feel and deal with their perceptions of people around them. - Must respect each other. , ¡; r r , 1 : I : I Public Policy and Administration r r r - Visit other (white/black) churches. - Social events and activities should work to be diverse. This will eventually open opportunities for people to open their homes to people that are not like them. - Schools can be a part of the solution. l . r r l ~ r r · L ! · ¡ J I I T j r i ì 1 ¡ 1 © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 33- 1 j f r T i Public Forum Questions Only The public forums included the following questions that were not a part of the individual interviews. The top three responses are listed in the order of priority as determined by the attendees of each session. Reports by Con-census TM in the appendix include further details and insights from the public forums. Question 5 What separates us as a community? 1. Culture 2. Race 3. Education Question 6 What criteria would define a successful R.A.C.E. meeting? 1. Honesty 2. Participation 3. Feeling of accomplishment Question 7 In a racial context, drawing from personal experience, what frustrates you the most? 1. People not taking personal responsibility 2. Highlighting the worst conditions (negative) to appear as norm 3. Different strokes for different folks (double standards) Question 8 What issues from the December 13'h meeting would you like to look at deeper? 1. Education 2. Economics 3. Housing Question 9 In a racial context, what factors are key considerations concerning education? 1. Family and community involvement 2. Quality public education for all 3. High quality instructional (teacher)diversity & funding of schools The Stakeholder Assessment is an introduction to some of the concerns of those interviewed and in attendance at the two public forums. The show of concern and responses are evidence that race relations are an issue to be addressed in Delray Beach in 2005. Though Delray Beach is unique in many ways the concerns presented through the R.A.C.E. initiative are shared by many cities throughout the United States. Acknowledgement of these and other related concerns represent an important progress and a step towards resolution for Delray Beach. J t w . . f , [ L i f T L i [ I [ I r , , ï d p l i rr li q l ¡ : I r J i d : I , J r ! j I j © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 34- < 1 . i f , 1 i CONCLUDING RECOMMENDATIONS , f ! Immediate Action Staff and elected officials should develop a plan that includes a time table, with appropriate assignments in response to these recommendations. An approach that considers alignment and integration with current or paused initiatives warrants review. This could be an opportunity for a renewed start with new clarity by revisiting existing values, functions and commitments. Dedicated Accountability for Continuation of Project A staff position should be established with primary responsibilities for monitoring and providing leadership to address the issues identified in this document. A person with strong cultural-insights, conflict resolution experience and project- management competencies needs to be appointed for this position at a level reporting directly to the city manager to focus on resolutions and further investigate efforts as needed. Proven experience in diversity management should be required and an advanced degree is an additional advantage. This person will oversee the city's diversity or inclusion strategy. As a change- management function, this role should have new requirements as successful progress is made. This may not need to be a permanent position but one that requires a dedicated, full-time effort through a specific time period for the successful delivery of all recommendations in this report. Appropriate transferable skills of this leader to other administrative areas should be considered as successful integration of accountabilities occurs. Change Management - Avoid New Programs The launch of additional new work should be structured with both start and dates. These dates can be flexible but should be aggressively targeted in order to maintain focus. As a proactive initiative, it is critical that it does not get off course due to distractions and crisis that will surface in the future. Additional work must be done that will result in specific actions executed for changes in the way things get done (processes), who is responsible for getting them done (accountability) and the appropriate resources (funding, eliminating duplication and structure). Programs are frequently subject to starts and stops and rarely influence organizational systems of process, accountability and resource issues that contributed to the circumstances that are being addressed. Adopt an Administrative Strategy for Diversity City government should adopt an administrative strategy for embracing the changing demographic of its workforce and the community for which it serves. This approach should consider the City of Delray Beach employment function and the workforce climate, training and representation as it relates to race, gender and other differences. Other functions such as citizen engagement, vendor/supplier relations (purchasing and contract compliance), community 4 ¡ " ) " i f f i 1 f f í ! ! , i 1 f J ~ ¡ r , l } p d r r , l ¡ r , . ! c , ¡ J l i r 1 r i r j © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 35- j < 1 · 1 r , < . outreach and delivery of services should be considered as an overall diversity strategy. !.J Experts, Professionals and Best Practices , . The acronym R.A.C.E. is more than a branding for communication purposes. The relationship between authorities, citizens and experts is critical. Our city leaders and key staff (authorities) have engaged citizens through the stakeholder assessment included in this report. Experts (people with dedicated proven experience) in specific areas should be engaged as actions for execution of changes are considered. Proven methods used by other cities successful in addressing similar concerns should be considered, as well. f r · ¡ : ¡ : I Definition of Issues r , Today race relations in our country are complex, yet we have made great strides' in Delray Beach because of a proactive approach. It is apparent that race relations have been heavily centered on the African American community due to the historical significance and numerous issues that have recently impacted the community (see chart on page 6). Eight key focus areas evolved from the R.A.C.E. process. Expert attention with the consideration of the race implications as acknowledged in this report should be given to these areas stated below. f f i 1 l .Ii r" : I Key Focus Areas (see page 16 for explanation of each area) · Attitudes, Feelings and Behaviors · Public Policy and Administration (CRA, Schools, Police, etc.) · Haitian Community Issues · Inclusion/Representation · Housing · Communication · Economic Development d r , · i r r ,1 Collaborative Team Development f I Core Team Community participation has been a part of the Vision 2000 and the Downtown Master Plan initiatives. It is important for this R.A.C.E. initiative, as well. An approach that considers alignment and integration with current or paused initiatives should be considered. It must have an appointed leader accountable for its progress and completion of recommendations for changes in accountability, resources and processes. The Core Team is responsible for delivering concrete actions for execution in response to the issues addressed in this report. The team should be a diverse group of participants that have expressed commitment to positive resolution of related issues in the past and have invested personal time to that end. In addition to the R.A.C.E. report, the I ~ I j I © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 36- , j , 1 f , . . Core Team should take advantage of other available resources such as staff and administrative support to ensure the success of its efforts. Sub-GrouDs The focus areas provide an approach for further research and specific attention that will require collaboration via sub-groups at various levels. Periodic engagement of appropriate additional insights will be critical for delivery of credible actions for execution. Interest, passion, expert knowledge and experience in the specific focus areas should be criteria for participation at this critical stage. !:...1 I '- ~ f f ¡ 1 Core Team and Sub-Group Participants :I r r i 1 Citizens These individuals may be volunteers from all walks of life. Diversity in race, age, tenure in the city, social status and perspectives should be considered. Current processes, structures and accountabilities for garnering citizen participations should be a factor. Community neighborhood associations, non-profits and current advisory boards may be sources for willing participants. f' ~ 1 , r . i Authorities and EXDerts Current funding (local, county, state and non-profit) for activities in the key focus areas should identify current initiatives to be investigated further as accountabilities and resources are being considered. Authorities and experts currently doing work in race relations and the specific focus areas should be engaged in some manner to avoid duplication of efforts. This may include a review of the viability, success and credibility of various initiatives and their effectiveness in accomplishing their stated missions. r , L . r , , j Collaborative Team Outcomes . r f j The objective of the R.A.C.E. initiative was to garner community perceptions and identify areas of concern regarding race relations in Delray Beach. This provides a foundation for a plan to develop solutions, plans and accountabilities into current or revised organizational structures. The Collaborative Team should deliver a set of actions for execution that will sustain short and lona-ranae manaaement attempts to attain desired results and continuous improvements in the area of race relations. 'Y r j , 1 Proceed with Caution and Diligence r ~ Attempt to maintain community unity at all cost. Positive solution-oriented initiatives were the overwhelming desire of all that were engaged in this project. People have pride in their community and want unity. Delray Beach is fortunate to have citizens and leaders that are open to talking about issues and working on solutions. Constructive conflict should be embraced as a means to collaborative compromise and resolution. .i I I © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 37- , 1 - ¡ r J - . Unity Doses a threat to some concerns. A polarized community provides a fertile environment for some individuals and groups that seek out attention and influence above real solutions and unity. On the other hand, disagreement and conflict in pursuit of what is in the best interest of the entire city should be welcomed in order to reach the optimum outcome. Personal interests must not supersede the greater good of the community. ~ 1 . , '- t .L î Courage is reQuired bv authorities and citizens. Long-held traditional alliances and fear of change must be considered in order to get beyond the obstacles and barriers regarding race that exist in our country and local community. Things must be done differently in order to get different results. f J : I r r l1 AQQressivelv confront tOUQh issues. Issues that have the potential of dividing a community exist in most cities. Specific emphasis will vary based on timing, political climate, personalities and agendas of leadership and key community stakeholders. 'Wedge" or divisive issues must be identified and addressed proactively. Formal collaborative position statements must be developed in an effort to maintain the greatest level of community unity. r , II Anticipated Benefits r r l ~ - " ¡ J · Execution of this initiative will represent an additional administrative effort to make progress toward the city's adopted goal of "Community Unity". · Implementation of a strategic plan approach will allow and encourage participation and open dialog while considering sensitivities that frequently accompany issues of race. · Establishment of a positive proactive posture will be instrumental as progress toward objectives is achieved and communicated. The reputation as a community that embraces diversity and welcomes a variety of people will be sustained. · Acceptance of solutions and improvements that are not typically considered due to division within communities will position Delray Beach for greater future accomplishments. r r d r r , j . r ,1 **** I I I r j , ¡ i © 2005 The Chrismon Group R.A.C.E. - Samuel E. Mathis, Jr. - Diversity Business Strategist & Advisor - 38- r i ( 1 _ 1 r -r ¡ , ~ w . 1 . p I < ! f , ¡ ! 1 j : I ~ I r r d r ~ APPENDIX 1 l . r l' d r 1 .1 : I " , J I , 1 r ! r .â r ! - 39- I , 1 , i ,. f f r ~~ í\ 'C~f'~ œd on-census- . l ~ , }. l ~ r r I 1 © 2004 Robert C. Schwartz in association with Samuel E. Mathis, Jr. Diversity & Community Affairs Strategist n · I , } DEBRIEFING NOTES 12/13/04 R.A.C.E. Mtg.: r r , 1 r General Statistics: Attending to Vote: 121 (roughly 63 White, 58 Black) Matrices Developed: A.) What Separates Us as a Community? S.) What are our Key Concerns regarding Race Relations in Delray Beach? C.) How can Institutions, (Non-Profit, Corporate, Government), best solve the Issues of Racism and Prejudice? Actual Matrices: See Attached Individual Matrix statistics: See Attached Total number of factors: 42 Total time to list factors: 23 min, 28 see Total number of comparisons: 286 Total time to for group to compare: 58 min, 35 see Average time per comparison for group to compare: 12.3 seconds Total number of Coin Flips: 4 Total time during all matrices: 1 hour, 22 minutes Total time start to finish: 1 hour, 30 minutes , r · j, · r .1 r i .., ¡ ! J 1 I r ~ , ! - 40- I , 1 , > r } - ~ ..¿VI4I ~ n ~~ ~Con-censur , ¡ ~ ;- ; , . ! ¡ l ~ r r l 1 © 2004 Roben c. Schwartz in association with Samuel E. Mathis, Jr. Diversity & Community Affairs Strategist :1 r ¡ Signi"cant Observations: · "Conflict Resolution Without Confrontation" The anticipation was that there would be much more polarization. The potential was there in the audience, but the process did not promote editorialism, and, in fact divisive negative factors ("deception, fea(") presented were continually relegated to the bottom of the list by the majority of those present In fact all three matrices evidence initial factors falling in prioritization, supplanted by later entries (voices of reason?). · "Empower black land-owners to develop rather than sell" To us, a stunning revelation. The majority of the audience was white. It was the 14111 item listed but came out a clear 111' This should be publicized because it directly reveals distortion in prior perception supplanted by the reality of true public opinion. It is a very visible initiative worthy of immediate response. · "Culture" .. .came out 11 in the initial Vlhat Separates Us" matrix. This can become a major asset in the drive to unite the community. · "Swinton" A rallying call that fell to the bottom of the lists. Perhaps it is more symbolic than a major factor (remember the front page picture?). · "Education" A positive indication (it scoring so high in all the lists). This bodes well for the future and suggests a rather clear application of assets. r f ¡ f . , , _ 1 -1 1 J I , ¡ 1 1 r j r ! - 41 - 1 . T f '1 r r ¡ L j; .7I4a ~ ( ) t ........... ....,., ~ Con-census· , 1 ~ , " -r J © 2004 Robert C_ Schwartz in association with Samuel E_ MathisJ J,- Diversity & Community Affairs strategist ~ · "Government of, by, and for the people" In our opinion, the evening synchronized perfectly with several of the thrusts of the Otis White articles in that it positioned the government as an ultimate "facilitator-. It was open and honest and to the point It set in motion a thinking process that perceptibly changes the atmosphere. · "Birthdays" Not as important, but curious, was the fact that 213 of the audience was born in the second half of the year. · "Negatives" · I should have enlarged for viewing the final matrix results of the two matrices with many factors · I should have made it clearer which of the two factors being compared actually won in each case_ I did not realize that one person in the audience (at the back) was blind. My hearing wasn't too good in that environment, so when he said to "repeat the names of the factors" I thought he said 'why are you repeating the names._." So, in essence, the deaf was misleading the blind_ '! L ., i f ; ! , ¡ i f . I · Recommendation That the Con-CensusTM part of the R_A_C.E_ initiative be expanded to include groups all throughout the city: HOAs, churches, schools (engage young people), civic associations. business groups, etc. We can discuss all sorts of ways to accomplish this. i ¡ I r i Sincerely, Bob & Cheryl Schwartz, Con-Census TM Div. Pan:lmage. Inc. 561-999-9653 j - 42- , I j ~ , · i .:J ~ ~ f , · i ;". C r , · ! ! i j í , I I I I ( . ~ r ~ 1 r , l . rr li >. C'. ('t) E! ~ "o::t ãi 'c ::s C ~ E q ~ E 0 l ) ~. CJ II) C'G C C'G - rIJ 0 .e .... ra '¡;S : , ~ ø ø Ü ~ Q) , ¡ E 81 (j) Q) l , '[ ~ i! Q) 1i tn c.. ... ~ 't"'" 0 n:I tI.I tf~..", ~ :I fi ~ c ::~'" ..,~'" UJ ~ ð ;...." ~ cj -,: 1û "' < c C: ~~i 0 .c 8 ci :æ ~ c, LU Z Z LU , i :::J 0 0 ....J Z ~ ~ .... w ..:( U) ~ > u UJ 0 ::J j ...J 0 ¡ j j J r 1 r f f Q .:< g, ~ ~ I ~ I CJ: ~ ~ , J I ¡:o > h .;) fn r ~ "tJ .Q. (1) .. ~ ~ I ~ r \II f aI I ]. 'C I:') l' ii ø ï ¡:, ñ ~ CD = .B 'C i i t g = f 1 = i i ~ j .. 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LÜ Ž :Z LÜ :::) 0 0 ...J Z ~ ¡::: ..... ~ en t= (,) LU r 0 :;:) ...J " } f J I f i r r I 0 ~ S- o!( J I I III [ 0 I I I 5' I ::D c ;r. > ¡ h ~ :I. tn ~ i :ï I III B 1 Q. I J ~. t I: 8 ~ t iI Ii " i II I f f Q: I I:r ! n "' 1 E. '8 If IS: III f ¡ J .. J f Ii i' L I c CI CI CI CI CI CI CI CI CI CI CI CI CI I i £::I L I II I CI c c c c c c 0 c 0 c c I f' c 0 c c }CI 0 CI C 0 c L I ~ I c 0 c c c CI c c c c .þ. f ' CD ; i .. j , 0 Q 0 0 Q C 0 0 Q 0 I 9 1 0 Q 0 0 c 0 0 G ¿ j i G 0 0 0 0 0 0 ~ 1 I t j 0 0 0 0 0 CI C CI C 0 c I ~ 0 0 0 0 , 1 j ¡ ¡ j 0 0 0 f 1 t j .,. 1 , . G i t L. 1 ' ¡ r 1 I , i ,- # i i 4 l ~ r i l i : I : I r f l! it APPENDIX 2 , . r1' J . r , . . , 1 :r r r j r j T I ì , ! - 49- f J r f . ¡ r , , Â ~~ &' còß:èêßšus· - , ~ f r ; j. : I : ¡ r i ,1 @ 2005 Robert C. Schwartz in association with Samuel E. Math;sl Jr. Diversity & Community Affairs Strategist DEBRIEFING NOTES 1/13105 R.A.C.E. Mtg.: f . General statistics: Attending to Vote: 83 Matrices Developed: A.) What Criteria would define a successful R.A.C.E. Meeting? 8.) In a racial context, drawing from personal experience, what frustrates you the most?"? C.) What would you tell other individuals they could do to help resolve the race issues in Delray Beach? D.) Order of 'Drill-Down' from December 13 Meeting (Education, Housing, Economics, Business Opportunities) E.) In a racial context, what factors are key considerations concerning Education? , f , . _1 y ! -1 ~ I I Actual Matrices: See Attached Individual Matrix statistics: See Attached Summary of statistics: See Attached + Be/ow , ¡ i Total number of factors: 52 Total time to list factors: 30 min, 25 see Total number of comparisons: 283 Total time to for group to compare: 45 min, 24 see r 1 r ~ f I I - 50- ~ , f i- ~ ........ ~C~cêmus~ . 1 ~ . . ¡ í f , I '- ¡ iI ~I © 2005 Robert C. Schwartz in association with Samuel E. Mathis, Jr. Diversity & Community Affairs Strategist rr d Average time per comparison for group to compare: 10.0 seconds Total number of Coin Flips: 1 Total time during all matrices: 1 hour, 16 minutes Total time start to finish: 1 hour, 30 minutes Total Personal Choices: over 23,000 r, II r , l ~ r ¡ j Significant Observations: · "The Audience" We anticipated a larger crowd. We were impressed with the decorum of those who attended. There were no catcalls nor was any disrespect exhibited. The stressing of cno open mike' caused the first comment during the first (Criteria) matrix of, "a microphone for people to speak", but as the process unfolded that person (and all attending) realized that "an open mike" was unnecessary. What they really wanted was for their ability to be heard, and that wish was completely fulfilled. · "Criteria" They absolutely want an environment of honesty and ability to participate. It was also heartening to know that their expressed wish for 1he ability for people to vent their frustrationsft was shortly to be satisfied in the very first Matrix of the evening. A cell phone going off provided a humorous additional entry that surfaced throughout the event. q d r 1 l 1 r , f l ~ J , L j I , j - 51 - j f f I · 1 f' f ~ r ~~ &' coo:èëñsus~ · ~ ~ · . ¡ 1 f' T ¡ · j :1 :1 © 2005 Robert C. Schwarlz in association with Samuel E. Mathisl Jr. Diversity & Community Affairs Strategist , i The most significant aspect of the Criteria Matrix was the ability at the end of the Con-Census TII process to get feedback from the audience based upon their own list of requirements for a successful A.A.C.E. session. This proved very successful and also defused those that would otherwise fault the meeting for not having met expectations that were never supposed to be embraced in the first place (like: "Why didn't we discuss solutions?"). · "Frustrations" In our opinion, Priorities 11 (not taking personal responsibility), 14 (lack of progress), IJ8c (too much study and not enough action), and 111 (not doing things decently and in order) all relate to the same thing: a disconnect between what the public at large requires and their perception of the reality that exists. Many processes rely on confidentiality to achieve honesty. We feel that these only temporarily empower the individuals involved, but might break down when recommendations made differ from the ones put forth by the person being interviewed. In any group conflict situation one ultimately has to come down on one side or the other, automatically causing disenfranchisement (and resentment) on the part of those not championed. This could breed distrust and cause people to label results 'dishonest'. And the simplest way for people to live with the frustration is to attribute it to some conveniently obvious difference like race. ~ r í t i r , li rr l i r , , d r r II r1 ! c} I Priorities 12 (highlighting worst conditions to appear as the norm), 15 Oudging all by one) and even 1113 (presumptions) might be related to perceptions that the press is indeed ianning the flames of conflict" to sell more papers. The key here is honest communication. In order for governments to truly be £of, by, and for the people'the public must have information that they can rely on that has some sense of reality. And that is the purpose of the A.A.C.E. program. r j , [ ¡ j , ~ l - 52- f , 4. ~ ~~ iF) ~ """ &Con-censusœ ~ < . .l j. ,- f ¡ t 1 r I @ 2005 Robert C. Schwartz in association with Samuel E. Mathis, Jr. Diversity & Community Affairs Strategist r f l i Priorities 12 (double standards). 16 (dishonesty), 117 ('you people), #8a and 8b (distrust. condescensiont fI9 (being underestimated), and #12 (stereotypes) highlight a perceived atmosphere of basic prejudice. These are areas ripe for sensitive and educational initiatives. [I . 1 · "What to tell individuals" This rounds out the original "4 Questions" and the audience rose to the occasion. Priorities 11 (vote), 15 (good citizenship), and 112 (attend the meetings) highlight a general belief that solutions will be in the area of governmental thrusts. Prioñties 12 (respect and cooperate with each other). 14 (acceptance of others), #6 (be considerate of others). 17 (be open-minded and think for yourself). and #9 (say what you mean and mean what you say), suggest truly personal behaviors and mind-sets that ultimately will prove most meaningful in turning the tide of racism. r r I ; l i r r d r T , r , ¡ l i : I I · The 'Drilling Down' of December 13th The audience was ready for the 'Bonus Question' and we decided to address one of the "key concerns" as expressed in the December 13111 meeting. So we had them prioritize quickly (2 minutes) which of four to 'drill down into': Education Economics Housing Business Opportunities Predictably. they chose, Education. (Interestingly, Business Opportunities was a fourth priority in both R.A.C.E. sessions_ I r j r j f j - 53- f 1 I < l < 1 ~~ ..... .--.. &' còß:èëñsur ~ < j. , .. ( r t 1 : 1 :1 © 2005 Robert C. Schwartz in association with Samuel E. Mathis Jr. Diversity & Community Affairs Strategist r ., l . Within the framework of Education (in a racial context). the public began to posture solutions: Establishing proactively empathetic climates concerning all individuals was the primary theme of the prioritization: #1 Family and Community involvement (thereby appreciating the subtle nuances between people that could strongly affect the outcome of educational testing and programs. This is echoed later by Priority 12 quality public education for mL IS opportunities (equal). 16 accessibility. III relevance. #8 expectations, and #9 advocate for culturally sensitive testing. If listened to, these are clear initiatives which, if concentrated on and communicated would go a long way towards improving community perception regarding advances in race relations in Delray Beach. f r I i i f , l . r r i d r 1- J · Additional Important Notes emerging from January 14th Debriefing Meeting: (attended by Lula Butler, Sam Mathis~ & Robert and Cheryl Schwartz) Agreement to Combine Factors: This is a phenomenon usually occurñng only in non-confrontational Con- Census™ sessions (HR, etc.). At one point the number of factors listed by those participating set the stage for a long comparison phase. Members of the audience themselves volunteered to combine several pairs to speed up the process. This type of cooperation. originating with those present, is symptomatic of the very changes that R.A.C.E. is trying to achieve. Potential Disruption (overheard): One group present was prepared to upset the non-confrontational tone of the meeting. They stalled during the initial "Criteria" matrix (since it was really benign and quite logical to all), and they completely backed off when the next question related directly to racially-driven frustrations. r 1 d r r d r - . r ¡ j r 1 J - 54- < r , ~ f r f 1 . ~~~ " ~ ìIII ~§ & COltCenSUS~ f , . ~ , . .. i ~ .. : I : I © 2005 Robert C. Schwartz in association with Samuel E. Mathisl Jr. Diversify & Community Affairs Strategist · 1 How can anybody fault an honest and open participation that thñves on the ability for people to vent? If they try, they succeed only in turning off the very constituency that fuels their power. Harmony triumphs. · Recommendation Nearly the same as before: That the Con-Census™ part of the R.A.C.E. initiative be expanded to include groups all throughout the city: HOAs. churches, schools (engage young people), civic associations, business groups, etc. A comment overheard, "We're preaching to the choir', suggests exactly that we should preach to the choir... and the choir should grow larger and larger until it is all-inclusive. r r l L r r · . , 1 · , f · . I I Finally, we were given a submittal to the city regarding the December 13th session which sort of sums up the dilemma. It cries out for government understanding of the "general will" [of the public] and then calls for a "representative forum" saying the "individual citizens and sub- groups attending these meetings do not speak for the population". BIG MISTAKE. Those attending are the population. As soon as a 'representative forum' is selected it breeds suspicion and distrust among all those who are not a part of it and sets up the very adversarial relationships that have gone on for decades. Only the climate of openness and speedy. honest, resolutions that Con- Census TM achieves will change this perception. · f 1 -1 ~ r I j Sincerely, Bob & Cheryl Schwartz, Con-Census™ Div. Pan:lmage7 Inc_ 561-999-9653 , ¡ i j - 55- f r ~ i f , ~ ~ e co ~ ,.. N ~ Q ~ Q .. Q Q LI) c:o .-4 0 ~ ~ 'It' Ln .... 0. 0. ~ i I' 0 N In 0 0 ~ LI) C) ö ö ö ¿; èê c: f r Ln III .- 0 0 .... ¡ ~ ....... CD J L M .-4 .-4 CD ;:;. ...... .... :æ f} , I It) ¡ 1 Lt) tD .-4 " 0 roO 2: 2: M ~ ~ .-4 0. 0. 0 ...c 0 0 N i ~ 0 0 0 Q 0 N : I ö 0 ö ö òi èò .. U1 Ll1 (W) 0 Q t;r Pt ,... fool "" ~ r r ...... ...... .... .... ~ i 1 'It' CIO .... \0 0\ 0 ; J: ::£ ca .... 'It 0\ LI) 0 0. 0. ::::J M N 0 \0 .-4 CD c: .-4 .-4 0 C"~ .... M ca r , 0 0 0 0 CD CD .., l ¡ Ll1 LI) ~ 0 E ...... 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Q) ~ "E l 'cr c: 8 ~ ns 0: ~ >. 1i '0 Q) 1 ~ ~ AI ~ Ü '- ; ~ ~ ('Ø 0 ) ¡:: ~ ü a::: Ž Ž UJ UJ -' 0 0 I- ::) ¡::: ¡::: z ~ en LU UJ > (,) ::::) 9 0 ~ ~ j 1 r f ! i ("') ~ '< C' sa. ':Ii 0 I ~. (1) ~ :r 0 '< f I i' ~ I) n I/) ':::T I I f :::0 >- f . '~n . n ~ rn ~ ,:I~;> "D õ 'I') ! I!! I. < Õ' III ~ ~I· .., I) I c:¡ 'C !& ~. ,1i ~ -'! f ~ II t ê -!:' ' ~ I I J 0 0 0 , 0 0 0 0 0 I I 0 L I 8 ... i1 0 0 0 0 0 0 0 0 y < ¡ L w . 0> I 0 0 0 0 0 0 , ' 0> I & . S w 0 0 0 0 t; 0 0 . 1 011 :ä. ~ ¿ j i! I 0 0 0 I 0 0 ~ , 1 I. ¿ j S 0 0 0 0 ... ... r; I: UI 011 8 ii 0 0 0 ... ... ... ~ 1 i j ... 0 ... ... ... ... ... f · t t j ... ... ... ... ... ... ... f t ... ... .... .... ! , G 1 ' t j r < ; t > Date: February 9, 2005 Ci'-. Agenda Item No. ~ t AGENDA REQUEST Agenda request to be placed on: _X_ Regular _ Special _ Workshop Consent When: February 15,2005 Description of Agenda Item: R.A.C.E. Relations Initiative - Phase I Final Report and Recommendations Ordinance/Resolution Required: Yes G Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: (if applicable) City Manager Review: Approved for agenda:@/ No eM Hold Until: j Agenda Coordinator Review: Received: Action: Approved / Disapproved ~ Community Improvement Dept. Memo From: David Harden, City Manager Lura Butler, Director, Community Improvement ,jþ February 11 , 2005 Agreement between the City/Community Redevelopment Agency and JEG Associates To: Date: Re: ITEM BEFORE THE COMMISSION: Consider approving the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency for services with Joe Gray of JEG Associates for the period of March 1, 2005 through February 2006. The agreement governs services associated with the implementation of projects associated with the Southwest Area Neighborhood Plan. The total cost is $70,000. The CRA is providing $40,000 with the remaining balance being funded from year two of the MacArthur Grant. BACKGROUND: The City received a two-year grant in the amount of $150,000 from the MacArthur Foundation in support of implementing the Southwest Area Neighborhood Redevelopment Plan. The grant is paid in two annual amounts of $75,000 and covers the period of November 3, 2003 through November 2005. This agreement is effective from March 1, 2005 through February 2006. The CRA is providing the additional dollars that extend beyond the grant period for services associated with establishing the Community Land Trust Program and the involvement of the consultant with specific redevelopment projects. I have attached a copy of the annual report which highlights the accomplishments for the first year of the grant. RECOMMENDATION: Staff is recommending City Commission approval of the Interlocal Agreement between the City and the CRA and JEG Associates, Inc. as presented in support of the Southwest Area Neighborhood Redevelopment Plan. qF INTERLOCAL CONSULTING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, COMMUNITY REDEVELOPMENT AGENCY AND JEG ASSOCIATES. INC. THIS INTERLOCAL AGREEMENT is made this _ day of 2005 by and between the CITY OF DELRA Y BEACH, a Florida municipal corporation (hereinafter referred to as "City"), the COMMUNITY REDEVELOPMENT AGENCY, a community redevelopment agency created pursuant to Fla. Statute, Chapter 163, (hereinafter referred to as "CRA") and JEG ASSOCIATES, INC. (hereinafter referred to as "Consultant"). WIT N E SSE T H: WHEREAS, the City and the CRA are committed to the economic development of the City of Delray Beach, which is enhanced by the development of neighborhood plans; and WHEREAS, the City, the CRA and Consultant are desirous to enter into a consulting agreement wherein Consultant will provide professional consulting services and assist with the implementation of the Southwest Neighborhood Plan; and WHEREAS, the CRA shall provide payment to the City in order to assist the City with financing the services of Consultant, as set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Peñormance. The Consultant shall perform all services with the highest level of professional skill and competence and shall complete all services in an efficient and timely manner. 3. Duties. Consultant's duties are as follows: (a) Consultant shall provide consulting services which shall include, but not be limited to the following tasks: 1. Provide information updates and technical support related to SWNRP projects and issues to WATT and other neighborhood and community organizations. 2. Provide technical support related to organization planning, operations and capacity building to WATT. 3. Facilitate community meetings, workshops, and presentations related to SWNRP projects, plans and issues. 4. Publish quarterly WATT newsletter. 5. Assist in planning and implementation of SWNRP public relations projects and events. 6. Coordinate organization of Delray Beach CL T in accordance with plan established by Burlington Assoc. 7. Coordinate planning, design, and construction activities for the following projects: S.W. 15th Avenue parks/greenway; Bi-Lo/9th Avenue Workforce Housing/Mixed Use development; Assist with land acquisitions on as-needed basis. The Consultant also agrees to perform and accomplish the required tasks within the timeframes outlined in Exhibit "A" to this Agreement. b. Additional services may be agreed upon, in writing, from time to time. 2 4. Term. This Agreement shall commence on March 1, 2005 and shall expire one (1) year from the date of execution of the agreement. This Agreement may be terminated by either party with thirty (30) days advanced written notice. 5. Compensation. During the term of this Agreement, the Consultant shall be paid a total amount of Seventy Thousand Dollars ($70,000.00) in twelve (12) equal monthly payments during the effective date of this Agreement, payable upon Consultant's submission of an invoice to the City. If the Agreement is terminated, the City shall only be responsible to compensate Consultant for fees billed up to the date of termination. Of the Seventy Thousand Dollars ($70,000.00) to be paid to Consultant, the City shall be responsible for Thirty Thousand Dollars ($30,000.00) and the CRA shall pay the City the remaining Forty Thousand Dollars ($40,000.00) to help pay for the second year of services offered by JEG Associates, Inc. The CRA shall pay to the City Forty Thousand Dollars ($40,000.00) within seven (7) business days of the City's request for payment. 6. Relationship of the Parties. The parties intend that the Consultant, performing services specified in this Agreement, shall act as an independent contractor and shall not be deemed an agent, legal representative, joint venturer, partner, employee or servant of the City or the CRA for any purpose. Consultant shall have sole control of the work and the manner which it is performed. Consultant shall be free to contract for similar services to be performed for other entities or persons while under contract with the City and the CRA. Consultant is not entitled to participate in any pension plans or other benefits provided by the City or the CRA. 3 7. Compliance with Law. Consultant shall comply with all applicable laws, rules and regulations, including, but not limited to applicable worker's compensation, employer liability, Fair Labor Standards Act, and other federal, state, county and municipal laws, ordinances, rules and regulations, as may be applicable. 8. Taxes. Consultant shall be responsible for all federal, state or local taxes of any kind which Consultant now or hereafter shall be liable for or required to pay either on its own behalf, on behalf of his employees, or on behalf of the City or the CRA or otherwise, and shall pay all penalties and interest thereon. 9. Assianment. This Agreement is a personal service contact. An assignment of the duties to be provided under this Agreement shall require the prior written consent of the City and the CRA. 10. Indemnification. Consultant shall indemnify, defend and save the City and the CRA, its officers, employees and agents harmless from any and all taxes, penalties and interest, that is claimed to be due, and claims, liability, and causes of action arising out of the willful, intentional or negligent performance of the duties covered by this Agreement by Consultant or his officers, agents or employees, and Consultant shall pay all claims and losses in connection with the performance of this contract, including taxes, interest and penalties including, but not limited to, all costs, judgments and attorney's fees at the trial or appellate levels. 11. Insurance. Consultant shall, at his own expense, provide forms of insurance and amounts of insurance as may be required by the Risk Manager for the City and/or CRA. 4 12. Notices. All notices shall be effective when mailed at the following addresses: JEG Associates, Inc.: Joe Gray, President 5702 Normire Drive Orlando, FL 32839 Community Redevelopment Agency: Diane Colonna, Director 20 N. Swinton Avenue Delray Beach, FL 33444 City of Delray Beach: David Harden, City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 13. Governina Law: Venue. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida 14. Non-Discrimination. Consultant shall not discriminate on the basis of age, religion, race, sex, marital status or handicap in the performance of this Agreement. 15. Non-Exclusive. The provision of the services provided for herein is non- exclusive. The City and the CRA may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City and/or the CRA desires to do so. 16. Entire Aareement: Modifications. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions or previous writings between the partied. No waiver, alteration, or modification of any of the 5 provisions of this agreement shall be binding unless in writing and duly execute by the parties. 17. Upon full execution of this Agreement, this Agreement (less attachments) shall be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Form: City Attorney Witnesses: COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Title: Print Name: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument , 2005 by title of officer or agent) of acknowledging), a behalf of the corporation. was acknowledged before me this _ day of (name of officer or agent, (name of corporation (state or place of incorporation) corporation, on He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida 6 Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF JEG ASSOCIATES, INC. By: Print Name: Title: The foregoing instrument was acknowledged , 2005 by title of officer or agent) of acknowledging), a behalf of the corporation. before me this _ day of (name of officer or agent, (name of corporation (state or place of incorporation) corporation, on He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida 7 Exhibit IIAII JEG Associates, Inc. - Scope of Services JEG Urban Planning Associates, Inc, shall provide consulting services which shall include, but not be limited to the following tasks and which shall be completed within the specified timeframes: TASKS OUTCOMES TIMEFRAME Provide information updates and technical Enhanced stakeholder Monthly/As Requested support related to SWNRP projects and issues knowledge of plans, I to WATT and other neighborhood and projects and activities. community organizations. Provide technical support related to Active grassroots As Requested organization planning, operations and capacity participation in building to WATT neighborhood and community civic activities. Facilitate community meetings, workshops, Enhanced stakeholder Quarterly/As Requested and presentations, related to SWNRP projects, knowledge of plans, plans, and issues. projects and activities. Publish quarterly WATT newsletter Enhanced stakeholder Quarterly knowledge of plans, projects and activities. Assist in planning and implementation of Increased community As Requested SWNRP public relations projects and events. awareness of SWNRP project milestones. Coordinate organization of Oelray Beach CL T Formation of CL T I in accordance with plan established by operations plan and Burlington Assoc. governance structure-- CL T staffed and Operational 8 Months Coordinate planning, design, and, construction Projects will be TBO for individual projects activities for the following projects: SW 15th compatible with Avenue parks/greenway; Bi-Lo/ 9th Avenue SWNRP concepts and Workforce Housing,/Mixed-Use development; priorities. Projects will Assist with land acquisitions on as-needed be completed on time basis. I and within budget Date: February 11, 2005 Agenda Item No. qF AGENDA REQUEST Agenda request to be placed on: _X_Regular _ Special _ Workshop Consent When: February 15, 2005 Description of Agenda Item: Interlocal Agreement Between the City of Delray and the Community Redevelopment Agency with lEG and Associates Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~ r-:.R' ~ -=-_ City Attornev Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available~ yes\No (is Funding Alternatives: (if applicable) Account # & Description: City Manager Review: Approved for agenda@ No ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved fÃ [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE ... AI "-IcaClty " III! 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090· FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM 1993 DATE: February 8, 2005 TO: City Commission David Harden, City Manager ~-~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: I-net Aareement with Adelphia The attached agreement provides that Adelphia shall provide fiber optic service to the City facilities listed in the Agreement. This Agreement will be for the same length as the proposed cable franchise agreement ( the cable franchise agreement will be on the March 1, 2005 City Commission agenda) and could also be terminated by the City, without penalty, if the cable franchise is terminated. The City will pay a one time fee to Adelphia of $750.00 per location in order to bring the fiber into the building (total amount $9,725.00). The City will pay a monthly fee of $395.00 per site for the fiber optic service. (total amount $5,135.00 per month). In the event this agreement is terminated due to a breach of the agreement by the City during the first 3 years, the City will be responsible for the balance of the monthly recurring charge for the 10 year term. Thereafter, if the agreement is terminated due to a breach by the City, a percentage of the remaining balance will be due. Our office requests that this item be placed on the February 15, 2005 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk qc; DEDICATED CAPACITY AGREEMENT This Dedicated Capacity Agreement (the "Agreement") is made and entered into as of the _ day of , 2005 (the- "Effective- Date" which shaH- be- on or after the date of the execution and written acceptance of the renewal of the Cable Television Franchise to Adelphia Communications Corp. or any subsidiary thereof) by and between the City of Delray Beach, Florida, a municipal corporation with its principal offices located at 100 NW 1 st Avenue, Delray Beach, FL 33444 ("City") and Adelphia Cable Partners, LP, a Delaware limited partnership doing business as Adelphia Cable Communications ("Adelphia") for itself, its subsidiaries and affiliates that provide digital fiber optic telecommunications transmission capacity. Adelphia and City are the parties to this Agreement and may be referred to individually as "Party" and collectively as "Parties." A. Adelphia desires to provide, and City desires to obtain and use, a specific amount of unlit digital fiber optic telecommunications transmission capacity (the "Adelphia Service") between the locations (the "Locations") more particularly described on the Service Description included in Exhibit A., which is attached and incorporated in this Agreement by this reference. B. City acknowledges that it will be responsible for providing all electronics, equipment and services required on its side of the demarcation points at the Locations in order for it to "light" the Adelphia facilities; the Adelphia Service is not "lit" and Adelphia makes no undertaking under this Agreement to do so as part of the Adelphia Service. C. The Parties acknowledge that this Dedicated Capacity Agreement is not an Indefeasible Right of Use ("IRU") Agreement, but is intended to provide City only with access to the Adelphia Service for a limited time under the terms and conditions set forth below. 1 IN CONSIDERATION OF THE FOREGOING RECITALS AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES TO THIS AGREEMENT AGREE AS FOLLOWS: 1. The Adelphia Service, Facilities and Access. (a) Service and Facilities. Subject to and in accordance with the terms and conditions of this Agreement, Adelphia will provide the facilities necessary to provide City with the Adelphia Service (the "Facilities"). Provision and use of, the Adelphia Service in the amounts and at the Locations shall be in accordance with the terms and conditions set forth in this Agreement. City shall have the right to use capacity on the Facilities only up to the amounts specified in Exhibit A; the Adelphia Service provided under this Agreement is not "burstable." If any time City wishes to use capacity at any Location in excess of the amounts specified in Exhibit A, it must place an order with Adelphia for additional capacity, which must be accepted by Adelphia before any such usage occurs. Should Adelphia determine, through use of Audit Equipment (as defined below) or otherwise, that City has exceeded the capacity specified in Exhibit A, Adelphia may, at its sole discretion, invoke any of the terms under this Agreement. (b) City Use of Adelphia Service. City may connect its network or facilities with the Facilities at City' sole cost, at the connecting points designated in Exhibit A. Adelphia shall provide a fiber connection to an Adelphia owned and installed patch panel in the computer/telecommunications room, designated by the City in each location listed on Exhibit A. City shall then be responsible for providing all electronics and required equipment and services on its side of the demarcation identified at the Locations to "light" the Facilities and utilize the Adelphia Service for City's intended purposes. City shall be responsible for all costs to connect its network or facilities with the Facilities and to "light" or otherwise utilize the Adelphia Service. City may use the Adelphia Service for City's business, including, but not limited to, the transport of City content, for any lawful purpose. City shall take all reasonable precautions against, and shall assume liability, subject to the terms of this Agreement, for any 2 damage caused by the negligence of City to the Facilities or other fibers or portions of the facilities or equipment used or owned by Adelphia. City shall at all times comply with all applicable laws and regulations. Adelphia reserves the right to terminate the Adelphia Service and/or suspend affected Adelphia Service, if Adelphia determines that City use does not conform with the requirements set forth in this Agreement or the City causes technical interference that impedes Adelphia's ability to provide Adelphia Service to City or others or receives notice from anyone that such use may violate applicable laws. Adelphia's actions or inaction under this Section shall not constitute review or approval of City's use. Adelphia will provide notice to City before taking action under this Section. (c) Adelphia Inspection and Audit Rights; Use of Monitoring and Bandwidth Governors. (i) City acknowledges that Adelphia may audit City's use of the Facilities, as further provided in this Section. During the term of this Agreement and for a period of three (3) years thereafter, City shall allow Adelphia or its professional advisors access to and the right to examine, audit, inspect and copy its records and any documents and other items related to the Adelphia Service. City shall provide assistance to interpret such data if requested by Adelphia. Such examination shall provide Adelphia with complete information regarding City's use of the Adelphia Service. City sites shall be available for inspection and review at any reasonable time by representatives of Adelphia. Upon prior written notice and accompanied by City employees, Adelphia or its designee may enter the Locations to perform physical audits of City usage of the Adelphia Service and Facilities. Notwithstanding anything to the contrary, any and all auditing and monitoring of the system by Adelphia shall be limited to the auditing and monitoring solely of the City's use of transmission capacity and shall not include any auditing, monitoring or access by any other means of the content of any transmissions. 3 (ii) In addition, no more than four (4) times each year during the Term of this Agreement, Adelphia may request that an officer of City certify that City's usage of the Facilities and Adelphia Service comply with the terms and conditions outlined in this Agreement, including the capacity restrictions set out in Exhibit A. . (iii) City shall prepare, maintain and preserve all records compiled by City in connection with City's use of the Adelphia Service. The records shall be retained for a minimum of one (1) year from the termination or completion of this Agreement. (iv). City further acknowledges that at any time during this Agreement, without notice to City, Adelphia has the right, but not the obligation, to install and maintain monitoring and usage governing equipment (the "Audit Equipment") on the Facilities used to provide the Adelphia Service provided that such equipment monitors only usage of capacity and does not monitor or record the content of any transmissions. In addition, if required by Adelphia, such Audit Equipment may be placed on site(s) of City at the Locations and City grants Adelphia a license to install and operate such Audit Equipment on the Locations. Any such installation of Audit Equipment on a City sites at a Location shall be undertaken only after prior reasonable written notice to City and approval of the location by the City, which shall not be unreasonably withheld. A City representative shall be present while the installation is taking place. (d) Public Rights of Way; Access to City Property. Adelphia owns and operates the Facilities. Adelphia acknowledges that City has no obligation to assure or guarantee Adelphia the necessary connections to public streets, utilities or adjacent buildings that may be necessary for the provision of Adelphia Service to the Locations. Notwithstanding the foregoing, (i) in areas owned or controlled by City, City shall provide Adelphia access necessary for the operation of Facilities and (ii) City shall cooperate with Adelphia, at Adelphia's expense, in obtaining any third party permits, easements or agreements necessary for Adelphia to provide Adelphia Service to City under this Agreement. 4 2. Payment and Revenue. (a) Charges for Adelphia Service. In exchange for the provision of the Adelphia Service, City shall pay the amounts listed on Exhibit A (the "Service Charges"). Except as otherwise agreed to on Exhibit A, Adelphia shall bill in advance the Service Charges for all Adelphia Service to be provided during the ensuing calendar month. All bills for Adelphia Service provided to City by Adelphia are due within thirty (30) days of receipt. If any portion of the undisputed amounts of the payment has not been received by Adelphia forty five (45) days after the bill date, or if any portion of the payment is received by Adelphia in funds which are not immediately available to Adelphia, then a late payment penalty shall be due Adelphia. The late factor shall be the maximum amount allowable by law, but not more than 1.5 % per month or 18% annually. (b) Taxes; Costs. All payments provided in this Agreement are exclusive of any sales, use, gross receipts, excise, import or export value added or similar taxes or duties (the "Taxes"). As of the Effective Date of this Agreement, the City is tax exempt. If during the Term of this Agreement, the City's tax exempt status changes, the parties shall negotiate in good faith an increase in the payments made to Adelphia to account for Taxes. 3. Facilities Ownership. The Facilities shall be and remain the property of Adelphia during the Term. City shall use reasonable care to avoid damaging the Facilities during the Term and agrees not to alter, modify, sell, license, lease, assign, encumber, relocate, move or tamper with the Facilities except in the case of an emergency whereupon the City may take any actions permitted pursuant to its police powers and the authority granted by the laws of the state of Florida. City shall not use the Adelphia Service or any Facilities in a way that violates Adelphia's interests in its trademarks, trade names, copyrights, or other proprietary rights. 4. Confidentiality. Each Party acknowledges that Confidential Information may be disclosed to the other Party during the course of this Agreement. Each Party agrees that it will 5 take reasonable steps during the Term and for a period of one year following expiration or termination of this Agreement, to prevent the duplication or disclosure of Confidential Information of the other Party, other than by or to its employees, agents or affiliates with a specific "need to know" such Confidential Information. "Confidential Information" means all business or technical information of the disclosing Party that is not generally known to the public and that derives value from not being generally known, whether such information is disclosed orally or in writing. Confidential Information may include any software, content, documentation, flow-chart, logic diagram, design proposal, screen shot, screen shot concept, algorithm, device, compilation of information, method, technique, or process. Notwithstanding the foregoing, either Party may disclose Confidential Information without the consent of the other Party, to the extent such disclosure is required by law, including Florida Statutes Ch. 119, rule, regulation or government or court order. 5. Compliance with Laws and Regulations. Adelphia agrees to comply with all applicable laws, ordinances, rules and regulations of any governmental entity or agency having jurisdiction with respect to the Facilities or the provision of the Adelphia Service. City agrees to comply with all applicable laws, ordinances, rules and regulations of any governmental entity or agency having jurisdiction with respect to the Locations. City represents and warrants that its use of the Adelphia Service and the Facilities shall comply in all material respects with applicable government codes, ordinances, laws, rules, regulations and restrictions. 6. Representations, Warranties and Indemnification. (a) Adelphia Warranties. Adelphia warrants that (i) it possesses all authorizations, approvals, consents, licenses, permits, certificates and other rights and permissions necessary to permit Adelphia to install, operate, and offer the Adelphia Service at the Locations, and (ii) it currently has and will maintain property insurance and commercial general liability insurance in amounts specified in the City's generally applicable cable television ordinance. 6 (b) City Warranties. City warrants that it is an incorporated municipality under the laws of the state of Florida and as such, has the authority to enter into this agreement. (c) General Warranties. Each Party represents and warrants to the other Party that: (i) such Party has the full right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (ii) the execution of this Agreement by such Party, and the performance by such Party of its obligations and duties hereunder, do not and will not violate any agreement to which such Party is a party or by which it is otherwise bound; (iii) when executed and delivered by such Party, this Agreement will constitute the legal, valid and binding obligation of such Party, enforceable against such Party in accordance with its terms; and (iv) such Party acknowledges that the other Party makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement. (d) No Additional Warranties. NEITHER PARTY MAKES ANY, AND EACH PARTY HEREBY SPECIFICAllY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ADElPHIA SERVICE OR THE FACiliTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABiliTY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. (e) limitation on liability. UNDER NO CIRCUMSTANCES Will EITHER PARTY BE liABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBiliTY OF SUCH DAMAGES), ARISING FROM BREACH OF THE AGREEMENT, THE USE OR INABiliTY TO USE THE ADElPHIA SERVICE, OR ARISING FROM ANY OTHER PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT liMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR lOST BUSINESS 7 (COLLECTIVELY, "DISCLAIMED DAMAGES"); PROVIDED THAT EACH PARTY WILL REMAIN LIABLE TO THE OTHER PARTY TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED BY A THIRD PARTY AND ARE SUBJECT TO INDEMNIFICATION PURSUANT TO THIS SECTION. EXCEPT AS PROVIDED IN THIS SECTION, (I) LIABILITY ARISING UNDER THIS AGREEMENT WILL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES, AND (II) THE MAXIMUM LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID UNDER THE AGREEMENT. (f) Indemnity. Adelpia shall defend, indemnify, save and hold harmless the City and its officers and employees from any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees ("Liabilities"), resulting from Adelphia's material breach or alleged material breach of any duty, representation, or warranty of this Agreement. The foregoing obligation shall not apply to any such claim to the extent that it is based on or arises out of (a) any other technology, software or materials provided by, incorporated or distributed by City hereunder, in which case City shall indemnify Adelphia hereunder; (b) the combination, operation or use of the Facilities with hardware, data, content or software not supplied by Adelphia; or (c) modifications to the Facilities if the modifications were not made by Adelphia; (d) use of the Facilities in a manner not contemplated by the documentation. City shall defend, indemnify, save and hold harmless Adelphia from any and all Liabilities resulting from City's willful, gross, negligent, or criminal acts related to a material breach of this Agreement to the extent permitted by law. (g) Claims. If a Party entitled to indemnification hereunder (the "Indemnified Party") becomes aware of any matter it believes is indemnifiable hereunder involving any claim, action, suit, investigation, arbitration or other proceeding against the Indemnified Party by any third party (each an "Action"), the Indemnified Party will give the other Party (the "Indemnifying 8 Party") prompt written notice of such Action. Such notice will (i) provide the basis on which indemnification is being asserted and (ii) be accompanied by copies of all relevant pleadings. demands, and other papers related to the Action and in the possession of the Indemnified Party. The Indemnifying Party will have a period of thirty (30) days after delivery of such notice to respond. Notwithstanding the foregoing, the Indemnifying Party shall respond to such notice promptly enough to provide the Indemnified Party a reasonable time to respond to any legal process or to comply with applicable law or the rules of a legal proceeding in the event that the Indemnifying Party elects not to defend such Action. If the Indemnifying Party elects to defend the Action or does not respond within the requisite period, the Indemnifying Party will be obligated to defend the Action, at its own expense, and by counsel reasonably satisfactory to the Indemnified Party. The Indemnified Party will cooperate, at the expense of the Indemnifying Party, with the Indemnifying Party and its counsel in the defense and the Indemnified Party will have the right to participate fully, at its own expense, in the defense of such Action. If the Indemnifying Party responds within the required period and elects not to defend such Action, the Indemnified Party will be free, without prejudice to any of the Indemnified Party's rights hereunder, to compromise or defend (and control the defense of) such Action. In such case, the Indemnifying Party will cooperate, at its own expense, with the Indemnified Party and its counsel in the defense against such Action and the Indemnifying Party will have the right to participate fully, at its own expense, in the defense of such Action. Any compromise or settlement of an Action will require the prior consent of both Parties hereunder, such consent not to be unreasonably withheld or delayed. 7. Compliance with Usage Restrictions; Liquidated Damages. Excess Usage - Adelphia Remedies. Should Adelphia determine that City has used capacity on the Facilities in excess of the amounts specified for use by City in Exhibit A ("Excess Usage"), Adelphia shall provide notice to City requiring that such Excess Usage 9 cease immediately. Upon receipt of such notice, City shall immediately cease use of such Excess Usage. After the City's receipt of such notice, Adelphia may take the following action: (a) Not less than thirty (30) days following the notice in (i) above, and if the City has not ceased the Excess Usage, Adelphia may invoice City for liquidated damages for the Excess Usage. The Parties agree that any Excess Usage by City may cause loss and damage to Adelphia, the amounts of which will be extremely difficult or impossible to measure. Therefore, the Parties agree that if such excess usage is not the subject of a dispute and the rate for such actual Excess Usage shall be no more than two (2) times the rate that Adelphia charges to the City under the terms of this Agreement. The Parties understand and agree that the terms of this Section 7(a)(ii) describe liquidated damages that City shall pay to Adelphia as a result of the Excess Usage by City and do not constitute a penalty. (b) In the alternative, Adelphia may terminate the Agreement for material breach. 8. Term and Termination. (a) Term. The term of this Agreement shall be as set forth in Exhibit A. (b) Termination for Breach. This Agreement may be terminated by either Party prior to its expiration if any of the following events of default occurs: (i) the other Party materially fails to perform or comply with this Agreement or any provision hereof; (ii) the other Party becomes insolvent or admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors; or (iii) a petition under any bankruptcy act, receivership statute, or the like, as they now exist, or as they may be amended, is filed by the other Party; or if such a petition is filed by any third party, or an application for a receiver of the other Party 10 is made by anyone and such petition or application is not resolved favorably to such Party within sixty (60) days. A non-defaulting Party may terminate the Agreement under (i) above thirty (30) days after written notice of termination clearly titled "Notice of Default" and referencing this contract is given by the non-defaulting Party to the defaulting Party and the defaulting Party's defaults have not been cured within such thirty (30) day period. Termination under (ii) and (iii) above shall be effective upon notice. The rights and remedies provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. In the event a non-defaulting Party in its discretion elects not to terminate this Agreement, such election shall not be a waiver of any and all claims of that Party for such default(s). Further, the non-defaulting Party may elect to leave this Agreement in full force and effect and to institute legal action against the defaulting Party for specific performance and/or damages suffered by such Party as a result of the default(s). (c) Early Termination Liability. In the event this Agreement is terminated due to breach of this Agreement by City, City shall be obligated to pay, in addition to any already accrued liabilities under this Agreement, an early termination fee as set forth below. Termination during the first three (3) years - 100% of monthly recurring charge for balance of ten (10) year term Termination during year 4 - 70% of monthly recurring charge for balance of ten (10) year term Termination during year 5 - 600/0 of monthly recurring charge for balance of ten (10) year term Termination during year 6 - 500/0 of monthly recurring charge for balance of ten (10) year term Termination during year 7 - 40% of monthly recurring charge for balance of ten (10) year term 11 Termination during year 8 - 30% of monthly recurring charge for balance of ten (10) year term Termination during year 9 - 200/0 of monthly recurring charge for balance of ten (10) year term Termination during year 10 - 100k of monthly recurring charge for balance of ten (10) year term City shall pay any Early Termination Liability, to be paid monthly as if contract was still in effect. Notwithstanding the above, in the event Adelphia's Cable Franchise with the City is terminated by Adelphia during the term of this Agreement, the City shall have the right to terminate this Agreement upon thirty (30) days notice to Adelphia with no liability. (d) Return of Information. Upon the expiration or termination of this Agreement, each Party will, upon the written request of the other Party, return or destroy (at the option of the Party receiving the request) all Confidential Information, documents, manuals and other materials specified by the other Party unless retention of such materials is required by applicable federal, state or local law or regulation. 9. Notices. Any notice, approval, request, consent, authorization, direction or other communication under this Agreement (except routine operational communications or where otherwise specified) will be given in writing and will be deemed to have been delivered and given for all purposes (i) on the delivery date if delivered by confirmed facsimile; (ii) on the delivery date if delivered personally to the Party to whom the same is directed; (iii) one business day after deposit with a commercial overnight carrier, with written verification of receipt; or (iv) five business days after the mailing date, if sent by U.S. mail, return receipt requested, postage and charges prepaid, or any other means of rapid mail delivery for which a receipt is available. 12 In the case of notice to Adelphia, such notice shall be provided to: Attention: Legal Department Adelphia Cable Communications 5619 DTC Parkway Greenwood Village, CO 80111 Forward Copies to: Attention: SVP of Operations Adelphia Cable Communications 1100 Northpoint Parkway, Suite 100 West Palm Beach, FL 33407 Forward Copies to: Attention: Director of Commercial Data Adelphia Communications 1 North Main Street Coudersport, P A 16915 In the case of City, such notice shall be provided to: David Harden, City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 With a copy to: Susan Ruby, City Attorney City of Delray Beach 200 NW 1st Avenue Delray Beach, FL 33444 10. Intellectual Property. Each Party retains all Intellectual Property Rights in all of its property, including, but not limited to trade names, trademarks, service marks, symbols, identifiers, formats, designs, devices, identifiers, or proprietary products, services and information owned by each Party. 11. Miscellaneous. 13 (a) Governing Law. This Agreement shall be governed by the laws of the United States of America and the State of Florida without regard to Florida's conflict of laws principles and each Party to this Agreement submits to the exclusive jurisdiction of, the state and federal --~ ~ -- ----- --- courts sitting in Palm Beach County, FL and each Party waives any jurisdictional, venue, or inconvenient forum objections to such courts (b) Entire Agreement. This Agreement is the entire agreement between the Parties and is not intended to confer and does not confer any rights or remedies upon any person or entity other than the Parties to this Agreement. This Agreement sets forth the entire understanding and agreement of the Parties concerning the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements related thereto. (c) Assignment. Adelphia may assign this Agreement to any successor in interest to Adelphia's cable television franchise agreement with the City as approved by the City, in whole, upon written notice to City. Adelphia may assign this Agreement to an unaffiliated party that is not a successor in interest to the cable television franchise agreement only with the prior written consent of the City, which shall not be unreasonably withheld. City may assign this Agreement only with the prior written approval of Adelphia, which shall not be unreasonably withheld. (d) Transfer of Adelphia Service. The Adelphia Service is solely provided for use by City. City may not transfer the Adelphia Service to another person or location without Adelphia's prior written consent. (e) Remedies. Except where otherwise specified, the rights and remedies granted to a Party under this Agreement are cumulative and in addition to, and not in lieu of, any other rights or remedies which the Party may possess at law or in equity. 14 (f) No Implied Waiver. The failure of a Party to insist at any time upon the strict performance of any covenant or agreement herein or to exercise any option, right, power of remedy contained in this Agreement shall not be construed as a waiver or a relinquishment thereof for the future. Any waiver must be in writing and signed by the Parties. (g) Severability. In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provision is held invalid by a court with jurisdiction over the Parties to this Agreement, (i) such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect. (h) No Offer. This Agreement does not constitute an offer by Adelphia and it shall not be effective until signed by both Parties. (i) Relationship of Parties. The Parties to this Agreement are independent of each other. Neither Party is an agent, representative or employee of the other Party. Neither Party will have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party. This Agreement will not be interpreted or construed to create an association, agency, joint venture or partnership between the Parties or to impose any liability attributable to such a relationship upon either Party. (j) Excuse. Neither Party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence. (k) Survival. Any payment obligations accrued prior to termination or expiration, and any other provision which, by its nature or express terms should survive, will survive the completion, expiration, termination or cancellation of this Agreement. 15 (I) Amendment. No change, amendment or modification of any provision of this Agreement will be valid unless set forth in a written instrument signed by the Party subject to enforcement of such amendment, by a duly authorized officer or employee. --- ------ (m) Further Assurances. Each Party will take such action (including, but not limited to, the execution, acknowledgment and delivery of documents) as may reasonably be requested by any other Party for the implementation or continuing performance of this Agreement (n) Counterparts; Facsimile. This Agreement may be executed in counterparts, each of which will be deemed an original and all of which together will constitute one and the same document. This Agreement, and written amendments hereto, may be executed by facsimile. (o) Consents; Approvals. Where an activity under this Agreement shall be subject to one Party's prior consent or approval, any and all such approvals, consents shall not be unreasonably withheld or delayed. (p) Injunctive Relief. The Parties acknowledge and agree that, notwithstanding any other provisions of this Agreement, breach of the provisions of this Agreement by a Party shall cause the other Party irreparable damage for which recovery of money damages would be inadequate and that the non-breaching Party may therefore seek timely injunctive relief to protect its rights under this Agreement in addition to any and all remedies at law. {q} Condemnation. If the whole or substantially the whole of the Facilities should be taken for any public or quasi-public use, by right of eminent domain or otherwise or should be sold in lieu of condemnation, then this Agreement shall terminate as of the date when physical possession of the Facilities are taken by the condemning authority. If less than the whole of the Facilities used to provide the Adelphia Service is taken, and in Adelphia's reasonable judgment, it can no longer provide the Adelphia Service as a result of such condemnation, Adelphia may elect to terminate this Agreement and all of its obligations not yet accrued upon thirty (30) days written notice to City. 16 (r) Force Majeure. Neither Party shall be liable to the other for any loss or damage to any property or person occasioned by act of God, public enemy, injunction, riot, strike, --- -- -- --- - - -- -- -- --- insurrection, war, court order, requisition, or order of governmental body or authority or by any other cause beyond the reasonable control of either Party, except as otherwise specifically provided in this Agreement. WHEREBY, the Parties execute this Agreement as of the Effective Date. ADELPHIA CABLE PARTNERS, LP "ADELPHIA" ADELPHIA COMMUNICATIONS CORPORATION "CITY" CITY OF DELRAY BEACH , FLORIDA By By Name (Print) Name (Print) Title Title Date Date 17 EXHIBIT A 1. NAME AND ADDRESS OF SPECIFIED LOCATIONS City Hall- 100 NW 1st Ave Delrav Beach FL 33444 Fire Station #2 - 35 Andrews Ave. Delrav Beach FL 33444 Fire Station #3 - 651 Linton Blvd. Delrav Beach FL 33444 Fire Station #4 - 4321 Lake Ida Rd. Delrav Beach FL 33444 Fire Station #5 - 4000 German Town. Delrav Beach FL 33444 Fire Station #6 - 3614 S Ocean Blvd. Delrav Beach FL 33444 Delrav Beach Golf Course - 2200 Hiahland Ave. Delrav Beach FL 33444 Ocean Rescue - 340 S. Ocean Blvd. Delrav Beach FL 33444 PomDev Park - 1102 NW 2nd St. Delrav Beach FL 33444 Veterans Park - 802 NE 1 ST Teen Center- 505 SE 5th Ave Delrav Beach FL 33444 Lake View Golf Course -1200 Dover Rd. Delrav Beach FL 33444 Delrav Swim and Tennis - 2350 Jaeaer Dr. Delrav Beach FL 33444 2. SERVICE DESCRIPTION Adelphia will provide 1 Gbps of unlit digital fiber optic telecommunications transmission capacity between the following locations in a point-to-point configuration: 18 A Location Z Location Capacity City Hall 100 NW 1st Ave 1 Gbps Fire Station #2 35 Andrews Ave 1 Gbps - - - - - ----- -~ --- - Fire Station #3 651 Linton Blvd 1 Gbps Fire Station #4 4321 Lake Ida Rd. 1 Gbps Fire Station #5 4000 German Town 1 Gbps Fire Station #6 3614 S.Ocean Blvd 1 Gbps Delrav Beach Golf 2200 Highland Ave 1 Gbps Ocean Rescue 340 S. Ocean 1 Gbps PomDev Park 1102 N W 2nd St 1 Gbps Veterans Park 802 N E 1 St 1 Gbps Teen Center 505 SE 5th Ave 1 Gbps Lake View Golf Course 1200 Dover Rd. 1 Gbps Delrav Swim and Tennis 2350 Jaeger Dr. 1 Gbps -~ - -- --~------ ------ 3. PRICE SCHEDULE For the unlit digital fiber optic telecommunications capacity connection(s), described above, the amount of nine thousand seven hundred and fifty dollars ($ 9,725.00) is payable upon contract execution. The MRC amount shown below is payable every month beginning on the date that the City accepts the Acceptance form (Exhibit B) for such location(s), for a total of $5,135 per month for 1 Gbps. The City may elect, on thirty (30) days prior written notice to Adelphia, to 19 increase the capacity to 2 Gbps at any or all of the sites listed below for a MRC of $671.00 per site, or increase to 3 Gbps for a MRC of $864.00 per site. ---- --- - --- --~--~-~ ------- - - --- - - - ------ --- - - ---- --~ - 10 Year Term A Location Z Location Capacity MRC NRC City Hall 100 NW 1st Ave 1 Gbps $395.00 $750.00 Fire Station #2 35 Andrews Ave 1 Gbps $395.00 $ 750.00 Fire Station #3 651 Linton Blvd 1 Gbps $395.00 $ 750.00 Fire Station #4 4321 Lake Ida Rd. 1 Gbps $395.00 $ 750.00 Fire Station #5 4000 German Town 1 Gbps $395.00 $ 750.00 Fire Station #6 3614 S.Ocean Blvd 1 Gbps $395.00 $ 750.00 Delrav Beach Golf 2200 Highland Ave 1 Gbps $395.00 $ 750.00 Ocean Rescue 340 S.Ocean 1 Gbps $395.00 $ 750.00 Pomcev Park 1102 N W 2nd St 1 Gbps $395.00 $ 750.00 Veterans Park 802 N E 1 St 1 Gbps $395.00 $ 750.00 Teen Center 505 SE 5th Ave 1 Gbps $395.00 $ 750.00 Lake View Golf Course 1200 Dover Rd. 1 Gbps $395.00 $ 750.00 Delrav Swim and 2350 Jaeger Dr. 1 Gbps $395.00 $ 750.00 Tennis $ $ TOTAL 5,135.00 9,750.00 4. TERM. The term of the Agreement (the "Initial Term") shall be ten (10) years from the Effective Date. After the Initial Term, the Agreement may be renewed for additional periods upon mutual agreement (each period a "Renewal Term"), unless terminated by either Party 20 pursuant to this Section. At the end of the Initial Term or any subsequent Renewal Term, the Agreement shall be automatically renewed for successive one-month periods unless either Party gives the other ninety (90) days prior written notice of its intent to terminate the -- - - ---- - -- -- --- - - ---- --- --- -- -- ----- -------- Agreement. Such monthly renewal periods shall be upon the same terms and conditions as those contained herein,. The Initial Term, any Renewal Terms and any extension periods are referred to collectively at times in this Agreement as the "Term." 5. INSTALLATION TIMELINE. Adelphia will provide a project timeline at the beginning of the project giving timelines for construction and installation of the service. Adelphia will make all best and reasonable efforts to complete project installation within ninety (90) business days of contract execution. 6. FUTURE SITES. Future sites may be added to this dedicated capacity network for a monthly recurring charge of three hundred and ninety-five dollars ($ 395.00) per month beginning on the date that the City accepts the Acceptance form, plus any construction costs associated with building and terminating fiber into the new location. Upon request for service, Adelphia will conduct a physical site survey and determine the cost of the project. Those costs will be given to City. If agreed upon, City will pay non-recurring charges before construction begins. 21 EXHIBIT B CERTIFICATE OF FINAL ACCEPTANCE In accordance with the terms and conditions of the Adelphia Commercial Service Agreement, --- -- -- - - - ---- -- ---- - --~ - ---- --- ----- -- ------ --- - -~--~--~-- ,2005, between ("Company") and dated ("Adelphia"), the undersigned Company's Representative hereby certifies: The Adelphia Service as furnished, delivered, and installed at the Specified Location{s) described below appears to conform to the specifications and other requirements set forth for the Adelphia Service in the Agreement, as of the date this form is signed below. Therefore, the Certificate of Final Acceptance is granted by the Company for the Specified Location(s) described below under the terms and conditions of the Agreement. This Certificate is being issued for the following Specified Location(s): A LOCATION Z LOCATION By Name (Print) Title Date 22 Fiber Ootie CoDDediODs a-Net A2J"eemeDt) CommeDu The MIS Division has been focused on improving network inftastructure for the past five (5) years as stated in the MIS Enterprise Technology Plan. This internal network inftastructure is essential in order for all departments to continue to maintain and improve upon their efficiency and the quality of their services provided to City residents and businesses, other City departments, and their internal operations. Phase L Hanhrire CODDedÏon to all City sites There are several advantages to connecting all City sites with hardwire (fiber optic lines). For example: · MIS would be able to backup all operating systems and files on a daily basis ftom a centralized point which is an essential part of our disaster business recovery plan. We have current problems with DSL sites (Golf Course, Lakeview Golf Course, Weed and Seed and several fife stations) which cannot be backed up remotely from MIS. · MIS would be able to "push out" changes to software and security updates to all systems from a central location without having to independently modify software on each individual piece of equipment. This is an important workload efficiency savings characteristic of our present MIS operations. AU remote PC's on DSL and wireless must be modified independently. · MIS plans to implement Citrix where software will reside on a central server in MIS and not on individual PC's. This allows for software upgrades on a centralized basis. Presently, this is not possible on DSL and wireless sites due to the bandwidth. · MIS would improve overall system security as compared to wireless and DSL connections. A fiber optic line network connection is considered "trusted" versus either a wireless is considered "semi-trusted" and a DSL connection which is considered ''untrusted''. · MIS would be able to improve (reduce) the number of Help-Desk requests for service that are inherent in any DSL or wireless connection. We currently experience problems with weather conditions, line-of-sight interference, and DSL carriers· that bring down systems for maintenance. · MIS would be able to standardize and significantly improve its transmission speeds bandwidth capacity to all sites which would allow for the transfer of large files such as GIS files, CAD drawings, building plans, pictures, and other files. For example, we experience problems with Weed & Seed transfer of large Power Point files to City Hall. We cannot currently use RecTrac software to its full capability since we don't have the bandwidth within the system to outlying Parks & Recreation facilities. · MIS cannot take an inventory of their hardware (on-line) if the hardware is connected on DSL. We therefore must send personnel out to these locations and take a physical inventory. ~\~\O~ ~ ~~.~ · With a hardwire fiber-optic inftastructure in place, MIS has the capability of installing wireless nodes that attach to the fiber optic lines for a City-wide wireless inftastructure that would be used for mobile data communications The best hardwire fiber optic network to our remote City sites would preferably be an underground fiber owned by the City. However7 the cost of this would be prohibitive at this point. The next best alternative would be to lease existing fiber from Adelphia Cable using the I-Net Agreement which provides a cost of $750 installation cost per site and a recurring monthly charge of $395 per site. These costs are very favorable compared to other governmental entities in our area. Phase n. Wireless lWiMax) Mobile Data Communications Within the next few years, alternative technology improvements to wireless systems will be presented to the City Manager and the City Commission in our Enterprise Technology Plan to allow for improvements to both our hardwired fiber network and our current cellular mobile data communications. A wireless "mesh" network, for example, when used in conjunction with our hardwired fiber optic network, has distinct advantages over our present cellular network as outlined below: · Wireless nodes utilizing WiMax (802.16) will have a 30-mile radius coverage area and thus will require a minimum number of nodes compared to current line- of sight wireless nodes. This technology encompasses cellular wireless capabilities which can be utilized within building structures. · Wireless "mesh" would be designed in a ring topology whereas the current hardwire fiber optic lines are designed in a star topology. The ring topology would compliment the star topology with a "self-healing" feature which will minimize downtime in event of a fiber break. · Police and Fire could transmit training programs to remote sites (fire stations, sub-stations) without requiring personnel to leave their locations · Wireless network will allow for field operations and crews to have access to on- line network for system input and output while in the field o City-wide Police and Fire data transmission on licensed frequèncy o Building inspectors can update permit data real-time from the field and contractors can access permit data as part of e-govemment programs o Code Enforcement and Parking citations and information can be prepared and updated in the field o Public Works, Environmental Services and Meter Readers have ability to directly input field data and update files o City could have additional field applications such as kiosks, cameras, and remote monitoring and sensory operations · The City presently pays $52 per cellular wireless card for over 150 laptop units at an annual cost of $93,600. If we incorporated our inspectors and other field personnel into this technology, we would have in excess of 200 cards or an annual cost approximating $125,000. Our wireless "mesh" network would not require these monthly fees for cellular cards and the City could save these costs. Financial Considerations 1) Adelphia will charge the City $9.750 in non-recurring one-time installation costs for the 13 sites and $61.620 in annual costs ($5,135/month) which is $395.00 per month per site for 13 sites that are to be connected to the fiber optic network at a rated capacity of IGbps (1 gigabit = 1 billion bits per second). The City has a capability of adding future sites at these same costs. The contract is for ten (10) years. 2) The City has the possibility of saving over $loo~OOO annually in cellular wireless cards if a City-owned wireless "mesh" technology is utilized. 3) Adelphia offer to connect 13+ sites at a fixed one-time cost of $750 and a recurring monthly cost of $395 per month is lower than other entities. · Broward County- monthly cost of $840 to $2,020 per site · Hollywood- monthly cost of $533 (+ $1.0 million in fixed cost) · Palm Beach County- $8,000 fixed cost per site · Boynton Beach- $13,000 per month for 11 T -1 lines · FiberNet (FPL)- $5,000 to $6,000 per month on 36 month contract per site · BellSouth- "Cannot match Adelphia's offer" · The present cost of a T 1 line, which is 1.5 megabits (1/60th of 1 gigabit) is $695 per month compared to our $395 per month Technical Considerations 1) Adelphia I-Net agreement will allow the City to lease 1 Gbps (1 gigabit or 1 billion bits per second) bandwidth to 13 City sites not presently served with fiber optic lines for a period of ten (10) years. This bandwidth is expandable per the agreement to 3Gbps. The current speeds of our sites is as follows: · Fire Station 4 (DSL- 384k) · Fire Station 5 (DSL- 384k) · Fire Station 6 (DSL- 384k) · Delray Municipal Golf Course (DSL- 384k) · Lakeview Golf Course (DSL- 384k) · Fire Station 2 (Wireless- 1 OMbps) · Fire Station 3 (Wireless- 1 OMbps) · Ocean Rescue Headquarters (Wireless- 10Mbps) · Pompey Park (Wireless- 10Mbps) · Veteran's Park (Wireless- IOMbps) · Teen Center (Wireless- 1 OMbps) · Delray Swim and Tennis Center (not presently connected) We would recommend approval of the Adelphia I-Net Agreement as the best, most cost- effective solution at this time that will address most of our technical concerns and allow this City be move forward with a state-of-the-art MIS operation for the next 10 years. -' REVIEW OF PROPOSED I-NET AGREEMENT FOR THE CITY OF DELRAY BEACH OVERVIEW The City of Delray Beach is negotiating an agreement for an Institutional Network (I-Net) from Adelphia, concurrently with an agreement for Adelphia's cable franchise. Obtaining a telecommunications network, such as an I-Net, for local govemment use through the telecommunications franchise process is a common way for munidpalities to address some of their wide area telecommunications needs, although the technical and financial aspects of such agreements can widely vary. This review focuses on the use of the proposed I-Net agreement for addressing the wide area telecommunications needs of the City. The findings from the review of the proposed agreement and a recommendation to the City of Delray Beach follow. FINANCIAL ASPECTS Adelphia has proposed a network which is finandally attractive. For each City site connected to the network there is a non-recurring cost of $750 and a monthly recurring cost of $395. These costs are substantially lower than similar type service from other providers, such as BellSouth. As one example, BellSouth provides a service called -Native Mode LAN Interconnection (NMLI) Ethernet Service", providing drcuits at Ethernet speeds of 10 Mbps, 100 Mbps and 1 Gbps (the same bandwidth or capacity as the Adelphia offering). Monthly recurring cost for such service by another local government, Broward County, ranges from $840 to $2,020 per site. More relevant is the City of Hollywood. Several years ago the City of Hollywood entered into an agreement with AT&T/Comcast to provide services via a fiber optic network to 29 sites, at the same bandwidth or capacity that Adelphia is offering. The nonrecurring installation cost for Hollywood's netwoJ1( was $1,000,000, with the monthly cost per site of $533. Both the non-recurring and recurring costs being offered by Adelphia are Sinopoli and Associates Technology Expertise, Innovative Solutions 'ÀYá\O~ ~ ~~.~ City of Detay Beach Review of Proposed I-Net Agreement 2 substantially less than the marketplace and less than what other cities are paying. ALTERNATIVES The alternatives to the Adelphia offering are either to lease similar services from another provider or for the City to proQJre or install its own its fiber optic network. Leasing similar services from another provider are more expensive, as evidenced by BellSouth's pricing for other government entities. Long term, ownership of the network is the most advantageous approach for municipalities, and several municipalities in the state have their own networks or are in the process of procuring their own networks. If the City were to build a fiber optic network, it would require significant funding for a capital project. There is the possibility that the City could procure existing fiber optic cable within the City limits. However, aside from the local incumbent service providers (Adelphia and BeIlSouth), the other private telecommunications networks within the City have very sparse fiber optic assets deployed. Those that do exist are not necessarily in convenient locations or are not installed in a way for easy interconnection of City facilities. The opportunity for the City to acquire fiber optic cable from another provider is slim, would not cover all City sites, and would require significant capital investment by the City to complete a citywide network. TECHNICAL ASPECTS The I-Net agreement allows the City to use the network for transmission speeds up to 1 Gbps. The technical way this provision of service is structured is a little unusual. In a traditional provision of telecommunications service, the service provider will manage the capacity only up to what a customer has procured. For example, if a customer procures "DSL" service from BellSouth, BellSouth provides a "DSL- connection, that is the cable to the customer and the electronics on the cable to provide the DSL connection. Sinopoli and Associates Technology Expertise, Innovative Solutions city of Delray Beach Review of Proposed I-Net Agreement 3 In the I-Net agreement, Adelphia is essentially providing fiber optic cable between the City sites (dark fiber), but requiring the City to only use the fiber optic cable to a certain capacity. Adelphia does not have any electronic equipment connected to the cable to monitor its usage, therefore, the burden shifts to the City to certify its usage of 1 Gbps for every site every 90 days. Adelphia can also audit the City's network to verify usage. With Adelphia providing the cable and the City providing the electronics, one has to question why there are any bandwidth limitations on the City for the use of the cable. ~ {Pfj " ~.j The proposed network is a "star' topology, with fiber optic cable from each City site back to the City's Network Operation Center. A "ring" topology would provide more reliability and redundancy in the network. However, Adelphia is utilizing its current fiber optic deployment in Delray Beach, which is in a star topology. Installing a ring topology would require a significant capital investment by the City, and should probably be examined, if and when the City decides to build or obtain its own network. There is nothing in the agreement addressing specific repair times for the fiber optic cable, if, for example, the cable was cut. However, there are several factors that could mitigate such a long tenn outage. First, the fiber optic cable being used for the City is physically installed alongside cable that provides Adelphia's retail cable television services to subscribers, resulting in considerable incentive for Adelphia to respond to outages. Also, the fiber optic cable through Adelphia would supplement the sites where the City already has fiber optic cable, which include critical facilities such as City Hall, Police Headquarters and Fire Sinopoli and Associates Technology Expertise. Innovative Solutions . Cly of Delray Beach Review of Proposed I-Net Agreement 4 Headquarters. Finally, current and future wireless services provide an altemative means of communication during an outage. One additional issue is the ability of the City to increase capacity of the networX over the 10 year period of the agreement. There is a provision within the agreement to allow the City to double or triple the capacity of the networX over the agreement, with a concomitant increase in monthly recurring charges. Technology trends and marketplaces do not necessarily improve at such linear rates. For example, Ethernet, which is a technical networX standard, has gone from 10 Mbps to 100 Mbps to 1,000 Mbps (1 Gbps), with technical advances every 5-7 years. The standards for 10,000 Mbps (10 Gbps) are being finalized, and standards beyond that are already being developed. It would seem that such recognition of technology trends over the time period of the agreement would be reasonable and advantageous for the City. RECOMMENDATIONS · Despite the technical imperfections, we strongly recommend that the City of Delray Beach move forward with a proposed I-Net agreement. The cost of services is very attractive, and a higher speed networX is integral to the technology infrastructure needed by the City. · The City should install the networK in stages. Installing the network in stages would allow for a smoother installation, where a site or a smaller group of sites are installed and accepted before addressing other sites. · The City's installation of the I-Net should consider city-wide and specific site applications, standardization that could affect networK management and networK cost efficiencies, and the deployment of a complementary wireless network. Sinopoli and Associates Technology Expertise, Innovative Solutions ", City of Delray Beach Review of Proposed I-Net Agreement 5 · Municipal telecommunications networks are a combination of wired and wireless networks that typically compliment each other. The City has substantial personnel out of any office and in the field. Communications between these mobile personnel and their department offices, specifically with data communications, would improve their efficiency and provide more responsiveness to their delivery of services. The I-Net agreement obviously addresses the wired network needs, with a City wireless network remaining to be addressed. · Over the term of the I-Net agreement, the City of Delray Beach should look at every opportunity to install its own fiber optic cable. Many construction projects (sewers, roads, etc.) offer opportunities to install fiber optic cable or cable conduit at low cost. Cooperative agreements with schools or the County or other govemment units having similar needs, would share costs, reduce cost to the City, and are also opportunities for the City to own its own fiber optic cable. The City's objective should be to have an owned network in place by the time the I-Net agreement expires. · The City has created an Enterprise Technology Plan for technology, which compared to similar plans from similar municipalities, is well prepared. A high speed City network appears to be integral to other elements of the plan, and a foundation for meeting many of the objectives and goals of that plan. The City needs to consider the effect that a high speed network will have on other technology initiatives. Sinopoli and Associates Technology Expertise, Innovative Solutions -Adelphia 0 Delray Beach Proposal 5 year pricing 10 year pricing MRC NRC MRC NRC $ 495.00 $ 750.00 $ 395.00 $ 750.00 $ 495.00 $ 750.00 $ 395.00 $ 750 00 $ 495.00 $ 750.00 $ 395.00 $ 750.00 S 495 00 $ 750.00 $ 395.00 S 750.00 $ 495.00 $ 750.00 S 395.00 S 750.00 $ 495.00 $ 750.00 S 395.00 S 750 00 $ 495.00 $ 750.00 $ 395 00 $ 750.00 $ 495.00 $ 750.00 $ 395.00 $ 750.00 $ 495.00 $ 750.00 $ 395 00 $ 750.00 $ 495.00 $ 750.00 $ 395.00 $ 750.00 $ 495.00 $ 750.00 $ 395.00 $ 750.00 $ 495.00 $ 750.00 S 395.00 $ 750.00 $ 495.00 $ 750.00 $ 395.00 S 750.00 $ 495.00 $ 750.00 $ 395 00 $ 750.00 14t1¡t.. ørMI!1 '!It MN:et 11'.)1 tnltr M'~!'I! ~!t-u.. Date: October 11th, 2004 Location: City Hall Fire station # 2 Fire station # 3 Fire station # 4 Fire station # 5 Fire station # 6 Delray beach Golf Course Ocean Rescue Pompey Park Veteran's Park Teen Center Delray Tennis cen Lake View Golf Course Delray Swim & tennis Service Description: Dim capacity solution limited to 1 GIG per location. Fiber built to the customer DEMARC at each location. Customer provides own equipment. Note: 10 GIG connection $2,592.00 per circuit /Iocation. MRC = Monthly Reoccurring Charge NRC = Nonrecurring Charge Solution Presented by: Bill Krajcirik Adelphia Commercial Services Account Executive office: 216-689-2034/ cell: 330-554-7588 bill.kraiciriktmadelohia.com Confidentiality Notice & Disclaimer: This proposal, and any attachments hereto, contains privileged and confidential information Intended only for the use of the persons to whom the sender intended to address this message. If you are not the intended recipient, you are hereby notified that reading, copying, distributing, or disclosing the information transmitted by this message is strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender immediately and delete the message and attachments from your system. Furthermore, any contractual terms included or discussed In this email or attachments hereto are for discussion purposes only and are subject to final review and approval by Adelphia Communications Corporation, and therefore do not constitute an offer or acceptance of such terms. z\15\ œs ~__C1, ~ MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER"~ AGENDA ITEM # 9- \-\ - REGULAR MEETING OF FEBRUARY 15. 2005 SERVICE AUTHORIZATION #lel/KIMLEY-HORN AND ASSOCIATATES. INCe/MIKE MACHEK BOY SCOUT PARK TO: SUBJECT: DATE: FEBRUARY 11, 2005 This is before the Commission to approve Service Authorization No. 1.1 to Kimley-Horn and Associates, Inc. in the amount of $44,500.00 for consulting services for the Mike Machek Boy Scout Park Project. Funding is available from 380-4150-572-63.25 (2004 G.O. Bond/Boy Scout Park). Recommend approval of Service Authorization No. 1.1 to Kimley-Horn and Associates, Inc. in the amount of $44,500.00 for the Mike Machek Boy Scout Park Project. S:\City Clerk\agenda memos\ServiceAuth.#l.l Kimley-Hom.Mike Machek Boy Scout Park.02.1S.0S City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www.mydelraybeach.com TO: David T. Harden, City Manager FROM: Richard C. Hasko, P .E., Environmental Services Director ~ SUBJECT: MIKE MACHEK BOY SCOUT PARK DATE: February 11, 2005 Attached is Service Authorization #1.1 from Kimley-Hom & Associates, Inc., amending Service Authorization #1 for consulting services in conjunction with the development of The Mike Machek Boy Scout Park on Lake Ida Road. Service Authorization #1 was previously approved in the amount of $29,924, and included site planning services, neighborhood meeting attendance, and preliminary design activities such as site surveying. Service Authorization #1.1 extends the consultant scope of services to include preparation of documents adequate for site plan approval (SPRAB) as well as final plans and specifications for bidding and construction of the project. Fees for the stated scope total $44,500. Architectural services for the proposed restroom facility on this site are excluded from the scope of work. Since the restroom facilities being designed for Lake Ida Park and Intracoastal Park meet the requirements for the Boy Scout Park as well, we have received pennission from the consultant for those projects to incorporate those plan documents in the Boy Scout Park program (letter attached). Total consulting fees for the project including this proposal are $74,424 and the current estimated cost of proposed improvements is $570,000. Funding for this agreement is available in Parks & Recreation Bond Fund account #380-4150-572- 63.25. Please place this item on the February 15, 2005 special agenda for consideration by Commission. Cc: Joe Weldon, Parks & Recreation Director Randal Krejcarek, P .E., City Engineer Jill Skaggs, P.E., Assistant City Engineer, Program Administraton CURRIE · SOWARDS · AGUILA · ARCHITECTS Robert G. Currie, AlA - .....- --"- ~""--,",,.....- """'~~"" ""- ""-"'""'-~---~"""--';,~""""""''''''''--- ~ --- ,,--- - - -- -".-<, ¿:,-.--'" Jess M. Sowards, AlA José N. Aguila, AlA February 10, 2005 Mr. Dick Hasko 400 South Swinton Avenue Delray Beach, Florida 33444 Re: Toilet Facility at Macheck park Dear Dick: Following our conversation of earlier today, this will serve a formal confirmation that our firm will provide permit and construction documents to be used by the City for construction of a toilet facility at Macheck (Boy Scout) park at no cost to the City. we agreed that the toilet facility to be used will be a re-use of the ones we will be developing for the Lake Ida Park project and the Intracoastal (F.LN.DJ Park. The City will provide a geotechnical report and foundation recommendation so we can confirm structural design conditions, and any site plan approvals requirements, other than some colored graphics will be by others. We are glad to offer this assistance as we are close friends with Richard Macheck, and we are always willing to assist the City whenever we can. Please let me know if this is acceptable. Sincerely, CURRIE SOWARDS AGUILA ARCHITECTS ~ José N. Aguila, AlA principal FORMERLY ROBERT G. CURRIE PARTNERSHIP. INC.' AlA FLORIDA FIRM OF THE YEAR 2000 I :} 4- !'f 0 r t h... a st Fir.. l A... t" nUl . f) " It.t Y B f" a r h _ F 10.-.<1 d .3:'i 44- 4 . 56 I - 276 -4 q 5 I . Fax:; 6 t ·24.3 -8 t 84- . A A 0 00 2 2 7 1 ,. w"'...urri~ðrc.rom .,e;.. ítc." ~ CONSULTING SERVICE AUTHORIZATION DATE: February 10, 2005 SERVICE AUTHORIZATION NO. 1.1 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE. TITLE: PREPARATION OF CONSTRUCTION DOCUMENTS AND CONSTRUCTION ADMINISTRATION SERVICES FOR BOY SCOUT HUT NEIGHBORHOOD PARK 1. PROJECT DESCRIPTION The City of Delray Beach (City) passed a $24 million Parks Bond Program to finance improvements to the City's parks, library and Old School Square. The first assignment presented to the Kimley- Horn and Associates team ( Consultant) was to prepare a schematic site plan, and coordinate with the local community for the proposed improvements to Boy Scout Hut Neighborhood Park located on Lake Ida Road. The schematic site plan was completed and presented to City Council in a workshop on January 11, 2005. The second assignment for the Consultant will be to prepare construction documents suitable for public bidding, and assist in the bid and award process. The site plan as approved by the City Council includes an estimated $500,000 in improvements including a perimeter asphalt walking trial, vita course, playground, pavilion, landscaping and irrigation, restroom improvements, site furniture, entry feature sign, decorative fence, and the possibility of a pedestrian crossing. The city will use a standard restroom building designed by others, therefore architectural services are not included in this proposal. Building plans and specifications will be provided by the City for incorporation into the contract documents. 2. SCOPE OF SERVICES This work authorization includes the preparation of construction documents, assist in the bid and award process and provides construction administration support services. 1.0 PREPARATION OF CONSTRUCTION DOCUMENTS Utilizing the schematic site plan repaired as part of the fITst assignment, the Consultant will develop a construction plans and specifications package suitable for public bid. The package will include items identified in the Preliminary Opinion of Probable Construction Cost prepared by the Consultant and dated November I, 2004. These improvements include the general site clearing and grading, pedestrian paths, pavilion, playground/tot lot, vita course, landscaping and irrigation, site furniture, pavement markings, decorative fencing and entry feature signage. In addition, the City has decided to add a free standing restroom building to the project. Construction documents for the building will be provided by others. The construction plans package should generally include the following information: · Site Plan · Geometric Control Plan · Paving and Grading Plan · Pavement Marking Plan and Details · Paving and Grading Details · PavilionIPlayground Details · Entry Feature and Decorative Fence Details · Site Furniture and Vitacourse Details · Tree Relocation and Demolition Plan · Landscaping Plan · Landscaping Notes and Details · Irrigation Plan · Irrigation Notes and Details · Architectural Building Plans (by others) · Building Structural Plans (by others) · Plumbing Plan and Isometrics (by others) · Plumbing Details and Schedules (by others) · Mechanical Plan (by others) · Electrical Site Plan · Building Electrical Plan (by others) · Building Lighting Plan (by others) · Electrical Notes Details and Schedules (by others) The Consultant will submit documents for review to the City at the following stages: · 60% plans and specification outline · 90% plans and specifications · 100% (Final) plans and specifications 2 The Consultant will provide an Engineer's Opinion of Probable Cost with the 90% and 100% (Final) submittal packages. The consultant will meet once with City staff after each submittal to review and discuss City comments. The drawings will be developed in a 24" x 36" fonnat and also printeà in 11" x 17" format. Final (l00%) drawings and documents shall also be submitted in electronic format (pdf files). The Consultant will use City front end documents to cover the advertising and contractual procedures. Survey performed as part of Service Authorization No.1 will be used during the design phase. Deliverables: · 60% Submittal: o 10 sets of 11" x 17" Construction Drawings o 10 copies of Outline Specifications · 90% Submittal: o 10 sets of 11" x 17" Construction Drawings o 10 sets of Technical Specifications o One copy of Engineer's Opinion of Probable Construction Cost · Final (100%) Submittal: o 10 sets of24" x 36"" Construction Drawings o 10 sets of Technical Specifications o Final copy of Engineer's Opinion of Probable Construction Cost o CD with PDF electronic files of final plans and specifications 2.0 BID AND AWARD SUPPORT SERVICES The Consultant will assist the City in the bidding process including: · Attendance at the pre-bid conference · Respond to questions and issue addendum during the bid process (if needed) · Review bids, prepare summary spread sheet and make recommendation regarding award. · Attendance at bid opening 3.0 PERMITTING It is anticipated that site plan approval as well as building permits will be required for this project. The Consultant will prepare a site plan approval package and submit package on 3 behalf of the City for review and approval. Additionally, the Consultant will assist the successive bidder in obtaining necessary building permits. 4.0 CONSTRUCTION PHASE SERVICES Once the project has been awarded the Consultant will attend one pre-construction conference. This will complete the scope of Construction Phase Services. Deliverab les: · Bid Documents- One set to City for distribution · Permitting sets- 10 sets (signed and sealed) · Construction sets- One set to City for distribution · Addenda- As needed · Pre-bid meeting record- 20 sets 5.0 SERVICES NOT INCLUDED This authorization does not include the following task: · Construction Phase Services other than those described here-in · Design of Pedestrian Signal · Design of Boy Scout Monument (To be designed and installed by others) · Palm Beach County Health Department Permits · Building Construction Documents 6.0 INFORMATION PROVIDED BY THE CITY In addition to providing site access assistance, the City shall provide the Consultant with a current electronic version of the ITont end portion of the contract documents including bond, insurance and other language. III. BUDGET The Consultant will provide the basic services described in this scope of services for the lumps sum amount of $44,500 as shown in the attached staff hour estimate. This fee 4 includes $ 39,392 of labor and $ 5,108 of expenses. The lump sum amount does not include any allowance for Additional Services. The fee break down is as follows: Total $32,000 $10,000 $2.500 $ 44,500 Prime Consultant- Kimley-Hom and Associates- Landscape Architecture - KHA Site Electrical Engineer IV. COMPLETION DATE 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. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK 5 Approved by: CITY OF DELRA Y BEACH: Date: Mayor Attest: Approved as to Legal Sufficiency and Form KIMLEY-HORN AND ASSOCIATES, INC: Date: By: (Seal) Witness Witness Attest: BEFORE ME, the foregoing instrument This _ day of of2005 was acknowledged by On behalf of the Corporation and said Person executed the same ftee and voluntarily For the person there-in expressed. Witness my hand and seal in the County and State aforesaid this day of 2004. Notary Public State of Florida My Commission Expires: 6 Agenda Item NO.~ AGENDA REQUEST Date:Februarv 9.2005 Request to be placed on: Regular Agenda X Special Agenda Workshop Agenda When: Februarv 15. 2005 Description of item (who, what, where, how much): Staff reauests Commission approval of Service Authorization #1.1 for Kimley-Horn & Associates. Inc.. in the amount of $44.500 for provision of consulting services for development of the Mike Machek Boy Scout Park on Lake Ida Road. Previously approved Service Authorization #1 for $29.924 provided site plan development and preliminary design services. This agreement will provide preparation of documents adeauate for site plan approval (SPRAB) as well as final plans and specifications for bidding and construction of the proposed improvements. Excluded from this project design scope is the architectural design of the proposed restroom facility. A similar facility is being designed for the Lake Ida Park project and those plans will be used for this proiect as well. Funding for this agreement is available in Parks & Recreation Bond account #380-4150-572-63.25. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Service Authorization #1.1 to KimleY-Horn Department head signature: ~,.., B ~ 2.../ (. oS Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r~ on an items involving expenditure of funds): Funding available:~O ¿bL Funding alternatives: Account No. & Description: 3Ø() -4/~7J -G7 Z, 63 - 25 Account Balance: $ 3/~ 575". 06 (if applicable) City Manager Review: . =-...5$ Approved for agend~O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: CITY MANAGER AGENDA ITEM # q I - REGULAR MEETING OF FEBRUARY 15. 2005 CONSULTING AGREEMENT / ALEKSANDER GROUP. INC. AND TPC FROM: DATE: February 11,2005 This is before Commission to consider approval of a consulting agreement with Aleksander Group, Inc. and TPC for additional lobbying services to assist the City with State grants. The Aleksander Group and TPC will joindy represent the City before the Legislative and Executive Branches in Florida related to funding and regulatory issues. The agreement is from March 1, 2005 through May 30, 2005 and the City agrees to pay $5,000.00 per month. After May 30, 2005, the agreement will proceed on a month-to-month basis. Recommend approval of a consulting agreement with Aleksander Group, Inc. and TPC for additional lobbying services. S:\City Clerk\agenda memos\Aleksander Group 2.15.05 P7k~fD~~· !JOI ~ ~ r¡laIM !JOOO ~@'PaIm{jf~ 319L!JtJ401 661-671-1921 Email: Sebastian@aleksandergroup.com of; Øv1 2-02-05 The Honorable Jeff Perlman, Mayor City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, FL 33444 Re: Retainer Agreement with the Aleksander Group and TPC Dear Jeff: Bill and I enjoyed meeting with you this morning and we appreciate your interest in the Aleksander Group and TPC. As we discussed, we are interested in providing governmental consulting services to the city of Delray Beach. We are committed to providing the highest level of service in furtherance of your goals and make the following proposal: The Aleksander Group and TPC propose to jointly represent Delray Beach before the Legislative and Executive branches in Florida related to funding and regulatory issues. In addition, as part of our scope of service, we will regularly keep you advised of important issues concerning Delray Beach and provide you relevant articles, analyses and governmental announcements. We will always be available to advance Delray Beach interests. In exchange for these services, Delray Beach will agree to pay the Aleksander Group and TPC a total of $5000.00 per month beginning March 1, 2005 thru May 30, 2005. The Aleksander Group will send an invoice on the first day of each month and payment is due by the end of each month. Thereafter, this agreement will proceed on a month-to-month basis and may be terminated by either party with 30 days written notice. In addition, only PRE-APPROVED costs directly attributable to the performance of this work will be billed along with the monthly retainer, and may include travel, entertainment, and other expenses incurred on the city's behalf. Also, you will agree to complete any forms necessary to comply with lobbyist registration and gift or expenditure disclosure requirements under Florida law that may arise as a result of our representation of Delray Beach during the term of this contract or after its termination should reporting periods overlap. The above reflects our discussion and our proposal. If you are satisfied and agree to contract, please sign two originals of this agreement and return one for our files. Also, please sign the enclosed client information form and lobbyist authorization forms and return those with the original of this agreement. I appreciate your attention to this matter and look forward to working with you. Please contact me if we can assist Delray Beach in any way. Sincerely, Sebastian Aleksander William Pfeiffer For Delray Beach Date Enclosures MEMORANDUM SUBJECT: MAYOR AND CI1Y COMMISSIONERS CITY MANAGER~ AGENDA ITEM # q~ - REGULAR MEETING OF FEBRUARY 15. 2005 APPOINTMENT TO THE CODE ENFORCEMENT BOARD TO: FROM: DATE: FEBRUARY 11, 2005 The Code Enforcement Board currendy has a vacancy for an alternate member to serve an unexpired term ending January 14,2007. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following have submitted applications and would like to be considered: John Bennett Attorney (also applying for Nuisance Abatement Board) Gerry F ranciosa Law Enforcement (also applying for the Education Board) Pearl Markfield Elrod Realtor (also applying for Nuisance Abatement Board) Samuel Resnick Engineer/ Architect/ Code Administrator (currendy on the Board of Adjustment) Stanley Watsky Insurance Agent A check for code violations and/or municipal liens was conducted. N one were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made Commissioner Levinson (Seat #3) for an alternate member serving an unexpired term ending January 14,2007. Recommend appointment of one (1) alternate member to the Code Enforcement Board for an unexpired term ending January 14,2007. "'¥~ .µ!=t! 'mì! 199.3 . -2001'- Pleas /£)-/-¿)~ i?eJ:l'ed ~ /\ CITY 0', ~~''-R4Y, B,EACH IIOARD ME"BER APPLICATION Zone j . aeo'J c&ee~e Gf . th (oD · inf e tYPe or pant e I~ ' ounatlon: t. Last Name:"B6V~Err' ::Name -;:To HAl 'N.L c- w. 2. Home Addiess: ' 'City Õe£~7 K~ ' State . r?J.P·Codè 137 S~ItA,~ A/F ~ 73Y" 3. Legal Residence: 'City State Zip Code, S'~? 4. PrinåpaJ Business Address: 'Cìt' State Zip Code > . Al/A (/&"-'d ~~~ ) - - 5. Home Phone: B~smess Phone: E-Mail'Aadiess: CcU'Phone: Fax: 2 -;¡L(-gKbD - c.;-J; b=.,^of dc.l(':1@~.úlI l...}/4- -8160 2=}'-I - ?1-S-~ 6. Are you a registered voter? l[.so. wbue·are you registered? yes -:P&-~7 ?i~ 7. What Board(s)'ue you intereSted in serving? Please 1iit'ilfQJder ólprcfèrmœ: " Ala.;, "-~¡'lJo),,( Æ,{vi1~ ¿¿,~c-: I) 13ð6.-~ ðf- t1J1Jwk.,~1- ~ AI' w~~ c..... ,4~~~ Kðei. r? 8. Ust aU CitfBoards'on'which you arc currently serving Or hive pteViousJy ICrYcd: (pJaseiDdude dateS) ";Pi .1-1 r J {;<Ár¿;j¡<-s !?Jk: ~ (WJ I). 11Š-(~ lPlD ~hn~ ~tf;-:ift.f-/ l4:J1-oì- 9. EducaåozW qualifications: ., "- ß,A. (w/ hn;l.. "-4'n~) S~h. n..rvc- c./~; Zl. Õ. ~/Z.J~Vk. U"'..J~ ~ . ~Ic-- .. LL.µ. {/h,V¿ Y'J;t, 4- U C:;!..J Ìr '~r~ 10. List any rdated'professional' cmUications and licenses which you bold: J'J1L¿o~ / zj",..¡ k- d ~ ¿. L:::,/r L ~ Z?c::ö-/ , ~ ~- 11. Give your present. or most '~t employer. and position: ~ UJ. NA-VYj S-nrf¥- ;1VlXrc.<- ;dDVð~ ~~./hA)í;c' A//JVfl'1... ¡,{,ø:(l&: ~~:/'Q"; / 12. Desaibc experiences, skiDs or bowJedge which quaJify, you' to laVe on tbjs board: (PJcasè auxh . btief lCIWDe) ~, æ~d~ J'heteby cenîly mat all the above: lWemenu are uue. and] t¡ree aød UDderaand that any ~ of maœria1 £aas contained in this appJiadon may cause forfeituœ upon my.part Q( any ~,I may receive. 9:--~ ~ (9G/-o~ () ?4-0'3 . 51 . roRE DATE ~ Note: Tlûs application wiD remain on file in the City Clerk's O~ mmfJlt'ears. ' &om the date it Was' #.", . submitted. It will be the .pp1icant~s responsibility 1O~l&t~'amcnt-"ap~tion,ia on file. . ~1'ION OCT .·1 2003 ¿¿I ~ I. qj- "-ITV r'..1 s=~K JOHN C. W. BENNEIT 137 SEABREEZE AVENUE DELRAY BEACH, FL 33483-7017 .. COMMUNITY ACTMTIES: Beach Property Owners' Association (Trustee 1999-present; Vice President 2001,2002) Progressive Residents of Delray (PROD)(Director 1999-present; Vice President 2000; President 2001-02 E.P.O.C.H. (Director since 2002) Chamber of Commerce (Member, Local Government Issues Committee) School Advisory Committee, Atlantic Community High School (member 1999-2003; Bylaws Committee Chair 2002-03) PROFESSIONAL EXPERIENCE: 1995-present, retired attorney (U.S. Navy Judge Advocate) 1974-1995, naval officer with a variety of assignments involving law and policy 1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL EDUCATION: Formal: LL.M., Law & Marine Affairs: University of Washington 1981 J.D.: Georgetown University Law Center (Editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 Continuing: Leadership Delray Beach 2002 PROFESSIONAL AFFILIATIONS: District of Columbia Bar (Inactive) American Bar Association American Society of International Law SPECIAL QUALIFICATIONS FOR SPECIFIC BOARDS NEIGHBORHOOD ADVISORY COUNCIL: · Active for past several years in the affairs of my neighborhood association (Beach Property Owners' Association) · Active for past several years in broader issues of concern to neighborhoods throughout the City through membership on Board of Progressive Residents of Delray (PROD) · Aware of concerns of business community through service on Local Government Issues Committee of the Greater Delray Beach Chamber of Commerce BOARD OF ADJUSTMENT & NUISANCE ABATEMENT BOARD: · Extensive experience during my Navy career with applying regulations to specific cases. · Thorough familiarity with due process requirements for imposition of criminal and civil sanctions: developed while representing criminal accuseds and administrative respondents, prosecuting on behalf of the Government, and advising adjudicatory authorities. · Adjudicated innocence or guilt and determined appropriate penalties in a number of minor criminal cases. FROf'1 : GER-SH t FA>< t 10. : 5612660746 06/:10'~ ~~E 11:09 F_~ 561 243 3174 (11~ CLEKK Jun. 10 2003 09: 44PJ'1 P1 \\{,; u v ~ ",¥~~P! 'Ifm 1993 2001 CITY OF ~ELRA Y BEACH BOARD MEMBER APPLICATION 2- 3. N.L Please 1. Last N~ .. Principal Bu&incu Mdrcu: City State Zip Ccxic s. Home Pho~ 5/1 ),{i ob of 6_ Ate YO" 2 rcgistered votet? Busina,Phonc.; B-MaD Addret$: 7. ndy JCr\'În¡ Of b2~ pm~ous1y Cef\"cd: (please itWw:!c 10. List an)' rmtcd pro{~$$Ìon2J cmüations 2nd lice.n¡cs which You hotd: 12. D..aibc apa:ic1\ccs. ski11a Of knmvJedF .mch you to Il:E'Vt on Ibis board: (PIeuc aaach a bàd resmne) that II1J INaIGtll:ZÐeAt 0 ~œr:W &as I I II12r zec¿,."'t. ~3 ~pplia.don ~ rema1n on file in the City Qem's Office a period of 2 yean from me date if "as sub ·tœd_ It will be the 2ppliCllnt's responsibiJity to ena\U'C mat a ear:c:m; çp1icaüoD js 0:1 file:. atCI1Ta.a.&.~wt'UCA11OIi RECEIVED JUN 1-1 2003 CITY CLERK p~LRf' ': I~AFt! .....** AlI-Amllrlca c; "111. - 1993 .2001 - -1.t?¿lk,,- '7-;j,()5' CITY Of ~ELRA Y BEACH BOARD MEMBER APPLICATION ~ L t2-o '¡) 7. 8. N.L 75b C!-A- (2~ìo 11 State FL Zip Code ~W 'J1j 9. Educational qualifications: II I G-I-I S?c. h C;> ð siåon: 12. Describe experiences, skills or bowJedge which qualify you to ICfYC on this board: (pJease auac:h . bud resume) Note: This application will remain on file in the Ç\~,~or a period of 2 years from the date it was submitted. It will be the applicant', ~ly ill B1šure that a eutrent application is on ñJe. Jal'Ya.IU~11OPf Ol/ 1·j/ IOU4 11: 11 1"AA. RESUME FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER (14 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimilJion dollar producer) PRESIDENT: MERRITT PARK HO~ OWNER'S ASSOCIATION (4 yrs) BOARD ME1v.1BER PROGRESSIVE RESIDENTS OF DELRA Y (2 YEARS) ME:MBER S'W/NW REDEVELOPMENT TASK FORCE (FROM INCEPTION} PRESIDENT BEAUfIFICATION COMl\1IITEE FOR THE NW/SW REItEVELOPrvŒNT TASK FORCE) MEMBER DELRA Y LOOP a.CO-MAN.A.GED TROLLEYS FOR OPENll'fG DAY EVENT b.WORKEI) ON CLEAN-UP COl\1JvlITIEE DAY BEFORE OPENll'fG . OF LOO]t>-PICKlNG UP GARBAGE IN SWINW SECTIONS c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCEMENTS OF THE FOLLOW ING WEEKS OPENING CEREMONIES 1\ŒMBER FUND RAISING COMM.ITfEE FOR THE MILAGRO CENTER ~ 002/002 CITY OF DELRAY llEACH Lb:k AIrn:.j£l1.!j BOARD MEMBi!R APPLICATION .J-d9-t?~ State Fl. State Please or tint the followin information: 1. Last Name: ~ , 2. Home Address: f. f>~ ~ c.ù l?,1t& ~-tt'.Q.:r 3. Legal Residence: .::; ..e 4. Principal Business Address: ?Q.~-e... Home Phone: v.d State Zip Code Business Phone: SaH1~ E-Mail Address: Cell Phone: ~t.4l4.~q~3 Fax: -- 7. ~ \. Te Pla"1 A.-dILL ßJ.. 8. List all City Boards on whiçh you are currently serving or h ~ø u 9. tJ~ -:S Co~ I hereby certify that all the above statetnents aLe true> ao.d I agree ao.d understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of ~ appointment I may receive. ,i/euc4 ~~ Zoó4- DATE Note: is apphcation will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ~sure 1hat a current application is on file. B\CrrVCLERKIBOARDW'PL1CATJON Samuel Resnick 2835 SW 13th Street Dekay Beach, Fl. 33445 Ph# 561.330.8419 Resmne of Samuel Resnick 1. Education a) Graduated :trom City College of New York in Aug. 1949 with a Bachelor of Civil Enginering Degree. b) Completed various courses in Building Code Administration and code analysis. Theses courses were given by Building Officials and Code Administrators, International. (BOCA) 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut, New York, New Jersey, and Vennont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass., Vennont, Delaware, Pennsylvania, and the National Council Architectural Review Board. c) Certified as Chief Building Official by State of Connecticut in 1979. 3. Organizations a) Was member of State of Connecticut Codes and Standards Committee fÌom 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at NorwaJk State Technical College. c) Member of the construction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction fÌom 1995 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official. d) June 1957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 1957- (except for two years in u.S. Navy and three years in enginering school) worked for various architectural and engineerinEfirms. 'Á6~ þ-:.:r~~:{::"x:;¡;; :'!i'¡¿ê:;::i~,::;:;;';::::- i'" ,0 ß~.]o·X OFF(CE OF THE MAYOR FRl~NK J" ESPOSITO} MAYOR , . Peb~ary 21f 199.5 ''¡'o·Whò''.I"t :May còncern: ~i$.l.'ttèi- is bY.y of introd:ilction to a very fine architect:-ènyineer fro1\! 'Rorwalk, COI\n~ctìcutl S~uel Resnick. 'SQ\'xetired from the City in 1986' after 8 years of. sèrvice as the Director"of ..th~'~epart1Dent of Code Entorcmø.ent.. -rn 1991 he:vas_bir~'back-to the..C9dè- -En~o~_~ent officeðs ,a consultant for 3, 1:/2 'ýe~$< (Q¢1:~~r~:.1,.-_·1991:to'H~réh :>1·) .' ".199·5~·l"-o<·- n During . this"" ti.ltna~', Sam's' "dutiesI' in' addition -. to' "beiñg--" '-ñi)f'-' ~~,è~nsultðntl vera as .follows:: . . 1.. . ~aly!;ed' the', '~perlition of. the Departm~t ~f· Code' Enforcemet\t.· and ' ., -U$isted 'the ,D.irector of Code ÐtforcEmlent in BU,ildinq Codé , :i.nt.erpr·etatlons", ' , , . , 2. ,City 'COordina.tor for the-American -with Disabì1.it:ÿ Ac't (Ãl)A).. .SurveYed 'a,ll city buildingsf" including ·schoo1.s~ for comp1.iarice' with ADA. --Alsöf p-rèpa:red thè Trðnsition Plans Sharinq 1Uèthods and costs to comply with . ADA.. . , -~~ .' ;J .... )tayor#s LiaisQn to the Norwalk School ':auildirt9 Committee wherein all. comaittèe 11\eetì~gs were attended. . ' 4q, City' representàtive for the construction of the Concert- Hall at City, Hall and 'repair of water da'maye a't.Rowayton School.. ,. -5.. .·Code and cost analysis of· various school alterations and aQc:iition work.. :: SQ. ,'is l'icensèd .in. ·criririeèt.iout'ï New· Ýork ~nd F¡orida' 'as a rEjqistered " archil:eòt, . and, in' C:onnécticuti' New ,.York, 'New JerSèY and F~()rida' ~s- ~~ ~.:~p~ò.~~~~~t~~~~_, .~Jlgi~e~_:..··', He: _ is' ......held:._ ,ìn.,-·~. hi9h,:,'^- reg~:>,. by -thoSQ'...:-ï:n .,~bis.~" :-'professi~nal f~e1d'- and the c~ty ~ .'.~ . , , , :;'sbì hð.s'bee.n ari.·asset ·'t.ó,'Nó~lk~ We are sorÌ:y.to seê: hi- l~Vè but we,.wisþ· < him, well in his hew hOlRê statè' of :Flórida.. It is with pride that· t :qive this -.~ lètter' of r>&co1U.m'endation', to a :man· óf· SaíD.#s. 'cäli):jer~' Be 'wi11 be an:'àsset to ~ ,any orqanir;ation. wi~ Whom .he beoo:m~s assòciàted\1> .. . .. .' . __________ PO$T OF.F't~~ aòx $1:l5.. 1~5- ËAST AVENU€ NORWALK, ct (}6856~S125' -,:-JE"..EPHONf; Z03·854~i1G1 ......~-.-.-..--..................~-----..4......_......._'--.,-......4~__.... v~__~__,..............----_~ ORRAY BEACH .,...... ::Tn :)U-('aV: ~ -6 -gO-éD .........** all-AmerIca, 'tilt 1993 2001 CITY 0' DELRA Y BEACH - BOARD MEMBER APPLICATION . information: ,v v-:> ~ ,/)v- M.I. 3. City S~e Zip Code 1-"'-- :? ~ !..Î' State Zip Code 2. 4. City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: tL I cf fl>ó 6. Are you a registered voter? '" £' $ If so, where are you registered? 7. ~'hat Board(s) are you interested in serving? Please list in order o{pre{erence: 6-0 ()¿; C(J r_ 8. List all City Boards on which you are curr~e~ or have previously served: (please include dates) ~6""~ L ~ "....../ '- I.J I ~ ¿~¿L 9. Educational qualifications: I,i..! =-~. 10. List any related professional certifications and licenses which . lVl. c- é ¡;z L-/7 /. ~ : /' V I).-f;>~ ~ 11. Give your present, or most recen(t employer, and position: .-......... ð l=__ 12. Describe experiences, skills or knowledge which quaJify . - - J¡-, I hereby ceråfy that aD the above statements are trUe, and I agree and understand that any misstatement of matetÏ21 facts contained in dús application ay cause forfeiture upon my part of any appoinunent I may receive. . tA~~ 3 SJGNAroRE DA1E Note: This ap . cation will remain on file in the City aerk's Office R~~es from the date it was submitted. It will be the applicant's responsibility to ensure that it current ãpPlication is on file. JUN 3 0 2003 1'aTY~ CITY CLERK MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER t'Jt1 AGENDA ITEM # 9. \Z..- REGULAR MEETING OF FEBRUARY 15.2005 APPOINTMENT TO THE EDUCATION BOARD SUBJECT: DATE: FEBRUARY 11, 2005 Ms. Lisa Shaheen has given her resignation from the Education Board due to her running for office creating a vacancy for a regular member with an unexpired term ending July 31, 2005. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individuals have submitted an application and would like to be considered for appointment: Bonnie Clark Gerry Franciosa Philip Friedman James Houck Linda Leib Nicholas Loeb (also applying for Code Enforement Board) (also applying for Nuisance Abatement Board) (currendy on Board of Construction Appeals) (also applying for Nuisance Abatement Board) (also applying for Nuisance Abatement Board) Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2). Recommend appointment of one (1) regular member to the Education Board for an unexpired term ending July 31, 2005. Lisa Shaheen 3415 Lakeview Blvd. Delray Beach, FL 33445 January 20,2005 RECEIVED JAN 2 ~ 2005 CITY CLERK Chevelle D. Nubin City Clerk City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Ms. Nubin, I hereby tender my resignation from the Delray Beach Education Board in order to run for the office öf City Commissioner Seat #1. My resignation is effective immediately. It was an honor and a pleasure to serve on the Education Board over the past year and a half. I will continue to remain active in educational issues facing our community, and if I am successful in my bid for office, I will continue to work toward the continued success of our schools. Sincerely, ~5LL- Lisa Shaheen Cc: Janet Meeks, Education Coordinator Florida Department of State, Division of Elections DELRAY BEACH ftO.'OA ***** ;¡¡ii! 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION Please e or rint the followin information: 1. Last Name: 2. Home Address: c:>2-7 3. Legal Residence: M.1. , ' I. Zip Code B t¡t¡ ~ Zip Code \.' 1, h It 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: ~II~' ~/-~7~-OI 0 . 6. Are you a registered voter? E-Mail Address: Cell Phone: Fax: +rud egistered? 7. ~ Slon·c... ~~(',"b Boards on which yo are currently serving or have previously served: (please include dates) . Q . \)~ C-\J~ 11. c:::::: C'\. rb l t.n n CL. -+ ~ I hereby certi that all the above statements are true, and I agree and understand that any miss atement of material facts co:tai~~ this :!PRlicati"n ma)!: ca~f:å;ure upon my ~ :; a~pointment~y receive. r \ '0'\- P '-) n rf\aJ ~ _(\I\..SL~ / / 'f / ~OC::> S- SIG t. ~ DATE' t- t'\^\sL ~ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYCLERK\BOARD\APPUCATION H eattll Cell t/,fe ()j'Tivoli 5 Pine Street, Tivo{i, NY /258) (51 /4) 757·5555 Ðu(i«frrd fo de ~('t1t(11ç. (lire! Ad«<r(i;r<r(Ù)#1 o( (hc 'ì<lÆo(( P(7f<JO#1 - -. .---_. September 1998 To \Vhom It may concern; I'm writing to introduce Ms. Bonita Clark. Ms. Clark is an expert Rolfer and Cranial Sacral Therapis! who has practiced in my health center for one year. It has been my experience that her ability to release fascial restrictions has enhanced the longevity of my patients we)) being. It has been my pleasure to work with her professionally. She has been an asset to both myself, and the patients we have jointly cared for. Her work has fascilitated spinal adjustments to be stabalized longer with less cronlcity. She would be an asset in any professional health sit~tion, and greatly missed at Altematives- Heatth Centre ofTivoli. Please feel free to contact my office for any other infonnation ,or questions you might have. Sincerely t ~k Leonora Connell RN, DC. (914) 757-5555 '. .... . - . ." _. ~ 4.. to. . _ . August 24, 1999 '. I , . . 01, Dear Bonita, 4 , ." .. . . This. letter is to thank you for the healing you have brought to me. Living with Multiple Sclerosis during an acute exacerbation is difficult. Traditional massage and physical therapies often cause more pain as muscles are contracted and rigid. Your use of a combination of Cranio -Sacral, Reiki, Rolting and massage techniques has brought a great deal of relief and healing. I have healed not only physically, but emotionally and spiritually as well. I commend you on your professionalism and dedication to the healing arts. ~t\,pest. a~~i/O/ /;Zá¢~ Marti Aldrich Middletown, RI . . f r- . ~.-.. - .- . c , . ~URÅ ^R~.~~.~!R~~.~.~. :·.,·...~~URA .. J-.--- __ .... Conventions Publicity Portraits Annual Reports Slide Presentation BONNIE P H 0 r 0 G CLARK R A P E R H DYNAMIC - PROMPT EFFICIENT 202-347-6960 436 M S T R E E T N. W, WAS HI N G TON, DC 20001 æ ~ ~ « ...J u« 0 '" ~ '" . "- ~ M aJO- .." ..~. '" ~ . .. ~ ~........- - ~ . ~#. ~ .. ..... . . - - ~ ~ - . -~ ~ -0.. ~ ~ -". ... - ~ ..... .. ." - . .- . , ,0- . -...... ... .. . I _ _.' .... '" ..' /.... _I' ....·:·...·1-.· n- .. .- .. ..........: .. "- ,".'" .. - - .. .. ......... -.... _:.. -- .. .. --- -. -." ;1' I I Î !~ ! 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":;, ~' t·~~ . ....~: .: ~, · ; ~.~-( ::, :.:: s.:~ ~_ ' , .... ,.. " ··l · ~~"'~:'~~C4 :..-: ,¡... .. :\ .,~. :;'. ..~ ... ., ... .. '. '. :'. " . :~.~ i · /~.~.; _.' ."..:. ...... ,- '.. ~ ."'. , '. . , .' . . II! (to. 012·'. -. - I' i . ..: 0.. ~ . .~ . :.~ , '. .. ... I .\ . ; '. . I . .~). .:~ :~ .. . I r '.' : ~ .! .'... ..,,,,, ........ ~ · ~ .... ., \; !-. ~ - !'- ..-: ::s I.. _ :~ ~ .:..:::.;~.~ .¡".; }f '. . ,. .:~~: ;"'V o '. :".. .... .' :~ ., '. ·..t...· ......' .' ~;. ~. , . I '.: ;~~ .. .:~' ( : . '.' .: :. ::. ~¡ . , . 1 .' . :,:'~: J~"': 4 ". : ;):~ll ; .{ '.' :'\ .' '.! ..: .... t:.... .", ..- .... [~-' ~ 'dJ FRO'1 : GER-SH I --. - 06/10."03 TCE 11:OSt FAX 561 243 3174 FH:-< Ita. : 5612660746 CITY CLERK Jun. 10 2003 09: 44PN P1 ~: vv;. ",y~~?! 'iiM 1993 2001 CITY OF ~ELRA Y BEACH BOARD MEMBER APPLICATION 1. 2. 3. 1Ll 4. Pånapal BIJ&ÎftaI Mdress: City State Zip Codc 5. Home Pho~ Sl / ),(i ob Or 6_ Ate yo\a 2 registered vQtC%? Busina. Phone; E-MaD Add.ten: 7. Whao; Board(s) arc you ulIClcstcd . nd.y Jcn'Ïn¡ or haw: pft'~ous1y cervcd: (pjease iDcJu.dc 9. 10. ~St 2n)' rmtt:d pro{~~siDrW cm1ications 2nd licenses which you hold: 12. D.aibc cxpai=ccs.. KiJJa or knøwJedp which qualify you to lCtVe on this boud: (P1eüc mach a båd re~l1ame) ~pplicaåon wij] remain Oft ãle ÌÐ W City Oerk', Of6ce ~ pcDod of 2 yean from the date ir was sub "ttat It wi1J be th~ 2pplic:ant·' le$pOnsibiJity to enaurc that a ctD:%cm Ipplica.uon i~ 0:1 Sr;. .cJTT~~~11OÞi RECEIVED J U N 1 -1 2003 CITV CLERK ~, 'Illt 1993 2001 .f?",q / I.:, r / /jr¡Q nc ; .j '" -:J'¿:J-OS DURAY BEACH ....... ........ CITY OF DELRA Y BEACH -SOARD MEMBER APPLICATION information: 2. etA 3. Legal Residence: ~ ~o~ 4. Principal Business Address: r:D~Je N City State Zip Code E-Mail Address: Cell Phone: Fax: 7. 8. e currendy setving or have previously served: (please include dates) N0,AJ e.- 9. :\'~n..N :5 c40 1 10. List any related professional certifications and licenses which you hold: Note: 'This application will remain on file in the City Clerk's Office for 9~~ßf¡~ from the date it was submitted. It will be the applicant's responsibility to ensure ~~'Iþ~on is on file. ~( µ,</.ø.S'. MAY 30 2003 sarv~TION "I","" ~, ¡::RK -p~\ \\.~ ~-~d~dA'\.~ .. '7 ~O A-\ \4~ ils- ~(4.~ ~a.:ry ~ &:2\ ~ß\{ç.-3 ~(þl -;).. 7(p -~(}..O 7 S'-'C.4-~ÐtO . "B.A. I'" .f:CoI'\1:øh\/c.:::=. - H-c,.~Cø )\~) . N~ ~~Ct l-r?r Ie¡" ~ 1\1\~...4. <&~ ~C»ooJ '(\'~ I N~o~ Ct~ {q~ JNo(t.k ~\e.t\lce.. !tt¡ (,,s-- /C¡6'iS (,{.,N..ø(ù ~~Cø~~oN ~ T~ ~~\.~1- 1C¡~~-/97-;- L.euefl- ~(l.ø~~ - g~ . TA-)( ~~\t911~+ 1C¡7~- (q'i8'" Ct~ Uvl.Jeß/~~I~ Ib-st S.}~U¡\J\l/~1 ~ 'D-.~ (" ~"JfW~9-( Bid It,I. \I~'-/ I (9~S-(~7t> ^l~ì'9n.(¿Iù-~ClNJ.~JG~- . "~\reJ2 tÑ-{-t.1i!.- c~kt'-{l..~ - Lutrs . ~ (V.~~ S-I (~"''i\tJe {J (a1 ~ ~s..,N~( 0Ph~ ~~h . )¿eJt \ eD4te- / <^.~ 'j ~ .J ~ ~ODv\] co\l~ÑO OR1tAY BEACH ....... (fðferÍy ~ r . ð-9'-¿J(b ._*** qui! 1993 2001 CITY Of ~E~'RA Y _EACH BOARD MEMBER APPLICATION Name ~ ~yilc...s City~ 1 tT7.-.~ ) \,~:€ Ci t'J . .' E-L£W City State FL State FL State ~.L~ Zi2 Code ~?1-~ Zip Code J>3+ Zip Code . é)tJ~. 2. HomeAddress:3 (ó3 ~4 L.~~M 3. Legal Residence: : ::S7~3 . .s, ~C-E:::-Wð(jÇ> PL_ . 4. Principal Business Address: 5. . Home Phone: Business Phone: ~/- i3~b"73~ Fax: r ) 9. Educaáo~ gualifications: ~ \ . l:t.\-f fE-L.é:> e. ðÇ C' ( ( {j)~~~ 12. Desaibe experiences. skills or bO\VJedge whi~ qualify you to' Serve on this board: (pJeUe attach a brief resume) I hereby cetáfy th2t all the above statements Jre tme. and I agtee.and undentànd that any D1ÍsstltMDrnt of mataW bctS con' . ae lica . y cause forfeiture upon my part of any appoinunent I Ø12Y receive. ~/5¡:~ DATE' / Note: '1ñis application will remain on file in the City aq:l¡'µ)ffi@! fV~ of 2 years from the date it was submitted. It will be the applicant's responsibilitylih~t a current application is on file. Þ iff 6œi¡ 1.3i MAR 0 9 2004 ~1ION "" "f"V i""..' s: R K All-AllledcaCity " III! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION / :;f#//ÆJ tW ð'l?- '!JR· DELRAY BEACH I'tO.'DA ***** 1. 2. 3. 4. City State Zip Code 5. Business Phone: Cell Phone: Fax: 9. 11. I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts con . d in this applic ·on may cause forfe· e upon my part of any appointment I may, receive. RECEIVED DA DEC Note: This application will remain on file,in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's respoeÞlú'f (?;l.~at a current application is on file. s\CITYCLERK\BOARDWPUCATION All-AmeñcaCity , , II J! 1993 2001 \J- ~- OlP 'ü~ ~ ~~c CITY OF DELRA Y BEACH OCt 0 ~/v~Ö BOARD MEMBER APPLlCATIONC11'y ß <'UUI C~~}?k" DELRAY BEACH 'I.O..OA ***** infonnation: LOEB 2. Home Address: / rJ I J o /8 I\lnais5a.r1ú.. N()..Y 3. Legal Residence: 0"t1./>1l. aJ abovf" 4. Principal Business Address: 2.2!f G¡/adt-j Rd· ~u;k 226A. Name N /C Hðl-A 5 City /xlí¿t Jlcath City MI. State Fl- State ~ Code 33183 Zip Code PL Zip Code Jg43 City 80m Rd:h 1'\ State 5. Home Phone: Business Phone: E-Mail Address: (}mlo~b@ ctot - [4"'^ Cell Phone: 3/ ð .gg 4 . ~4'¿S- Fax: 5Þ/. 2.65·3170 5&,1-241- "3'171 6. Are you a registered voter? YES 7. Bata/,()? fotU/ .~. List all City Boards on which you are currendy serving or have previously served: (please include dates) ) NONC 9. Educational qualifications: ßIJCIIEl/J¡¿ ()F SCI/3ÝC~ /Iv f1/1NAIJFf1ENT I . ANA 1\JC£ h!l-Jl)tL 10. list any related professional certifications and licenses which you hold: (Jfit<TÌFI£o · (!.tVi '(JLi FFt' 11. Give your present, or most recent employer, and position: N¡tH-olÁt-S LoFB INï£1..NATÌONIJ- L I fKø"f)~/ LeD 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) SEE A1fA (}I£lJ R.eSUNE· I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in tlùs a licat:Ïo y cause forfeiture upon my part of any appointment I may receive. lði6 ~c./ DATE -¡- Note: This application will remain on file in the City Clerk's Office for a period 'of 2 years &om the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. s\CITYCLBRK\BOARD\APPUCATION Nicholas M. Loeb mnloeb@aol.com 2255 Glades Road - Boca Raton, Florida 33431 suite #2?-3A.. (310) 384-6425 PROFESSIONAL EXPERIENCES 2002 - Present Nicholas Loeb International Boca Raton, Florida President and Chief Executive Officer Los Angeles, California · Founded a real estate company to purchase and remodel properties. Have already remodeled and sold five homes. 1997 - 2002 International Production Company Los Angeles, California President and Chief Executive Officer · Incorporated and managed a company in the ~ televisiOn, and media industty. Develope4 and produced major motion pictures. · Secured financing of $500~ developed, produced, cast, OQÿlni:re<t managed and sold the award-winning feature ~ The Smo/œrs7 to MG~ which has grossed over $5 million to date. Quincy Jones served as Executive Producer, and Dominique Swain {Lolita)7 and Thora Birch (American Beauty) starred in the film. · Produ~ organizecL manage<L secured financing and setup several episodes of an award-winning documentary; The Living Century, with the Independent Documentary Association. Barbara Streisand served as Executive Producer, and PBS has aired the show. · Assisted in casting, scouted locations, and raised funding for the independent feature ~ Absinthe. Summer 1997 Primary Colors Los Angeles, California Production Assistant · Secured movie set, and provided and organized extra actors for the feature film starring 10hn Travolta and Emma Thompson directed by Mike Nichols. Developed necessary materials and contracts for actors and film management. , Summer 1996 Universal Studios Universal City, California J Corporate Development, Motion Picture Finance (Internship) · Set up databases to produce information as requested on genres by categories for gross sales. Assisted the motion picture group with analyzing financial data. Scouted and researched actors for future Universal projects. EDUCATIONAL ACTIVITIES 1994-1998 Tulane University A.B. Freeman School of Busines~ Bachelor of Science in Management; Concentration in Finance · On-Campus Orientation Coordinator · Division 1 Track; Javelin New Orleans, Louisiana OUTSIDE ACTMTIES AND INTERESTS · Council of Trustees for the Republican Party of Palm Beach County · Member of the Boca Raton and Delray Beach Chambers of Commerce · President of the Republican Club of Delray and Highland Beaches · Centre Kids Committee for Center for the Arts at Mimer Park · MSBL/MABL Baseball Player; South Florida League · Deputy Sherifl: Los Angeles County Sheriff Department · Board Member, LOs Angeles Sheriff's Star Organ¡7~tion (LASSO) · Vice Cbainnan, Sonoma Loeb Wines · Mèntber, Host Committee to "Starbright Foundation" I . Member of the "Nicholas Committee" to support the New Yorkers for Children (NYFC) · Member of the Escada Heart Committee · Volunteer Wrestling ~ Santa Monica High School · Member, Screen Actors Guild MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CITY MANAGE~ SUBJECT: AGENDA ITEM # '\ L_ REGULAR MEETING OF FEBRUARY 15.2005 APPOINTMENT TO THE NUISANCE ABATEMENT BOARD DATE: FEBRUARY 11,2005 The Nuisance Abatement Board has a vacancy for a regular member to serve an unexpired term ending March 31, 2005 and a vacancy for a regular member to serve an unexpired term ending March 31, 2006. Ms. Eileen Marks and Ms. Greta Britt are both alternate members and wish to become regular members. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisance on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. The following have submitted applications and would like to be considered for appointment: See Exhibit "A" attached A check to confirm all are registered voters was completed. All are registered with the exception of Kenneth Kaltman. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5) for a regular member serving an unexpired term ending March 31, 2005 and Commissioner Costin (Seat #1) for a regular member serving an unexpired term ending March 31, 2006. Recommend appointment of two (2) regular members to the Nuisance Abatement Board for unexpired terms ending March 31, 2005 and March 31, 2006. John Bennett Greta Britt Pearl Markfield Elrod Philip Friedman Kenneth Kaltman Linda Leib Nicholas Loeb Eileen Marks Bryce Newell Arline Sherman NUISANCE ABATEMENT BOARD EXHIBIT "A" Retired Attorney Psychologist (incumbent) Realtor Realtor/Financial Aid (also applying for the Education Board) Financial Manager Assistant Office Manager (also applying for the Education Board) Real Estate (also applying for the Education Board) CSR/Banking (incumbent) Senior Account Executive/Manager Physical Therapy Manager CITY ~f;:,P~~'-~~' 'EACH .' - ,OARD M:INI:I,R:.4piPLI.CATI,O.N £ -,' ' Zone J . àeŒl1~e~e l;/c -'I 19,9.3 . -2001-- Pleas . tbtiD . infj /ð-/-éJa' -1?ri:l'edA#¡ ~, '. ' , e IYÞe 01: Qnnt e ol~ ,:p~t1øn: '1. Last Name:"Bt::N~Er-r"- ,~ ~Naíne -;:ToH-Al 'M.L c- w. ,'2. Home Adaress: . -ref .. . . ::State i'~ G)d¡ ',- ty Õ6-~/ &-~ ,': r,. e /3'7' s~/ú~ /J./Ç ~ 73Y~ '3. Legal'Residence: "utt . , 'State Zip Coer " . c. S~? -.4. Plincipar~usine~s' .Aâdress: ~~' "State 'z.iþC04c > .- r-· /:,.- AJ/A (!kla-"d a.~C:j) .- -~ ·5. Home Ph~: B~ess Phòne: &M21l~s: : Ce1I'Phone: 'Pax: 2, 7''-I-gK6o - (.;.f; ~ðfdðr~~ao{-t.I~ LJIlf -81 b 0 2-::¡'4-?LS"~ '6. Are you a regist~~d votér? . -I(\~,Q~ wbere~Uc:Jóu'regi$ter~?' . yes' .. -:P£-?.~7·?i~ :.,: 'What: BoUd(s)· an' yòu' intereSted in serving? P1éasc ~~iÌí<;èijdq;~þíifâénèe: ~ '¡Ílt:Z-i, ,,~¡,~,( ~vt1~ Lð~c..f I) 13Ð6..~ Df ~wk.,~1- Aílu.!~ c... /J~iÄ,~ Kðei;;'¡ . l ~ ·8. tist a1i CitfBoards"on"wJUéh )~u are éuncntly serving or-·h.vc·prm~;sërVed: (p1eue:iDdUde da~) µhni.J G"ctt/;d lUlL ~ (2.0-:> l)¡ L1i(~ lPlD ~hn~ ~ ...-:ftt.«--- ÚJò 1-0"2.. 9. EducaåonaJ qualï:6caåons: - ~Ll~LJK. UA/~~ ~ ß,A. (W/ hr~l. J,~~) S~h. hus'YC- G./~ ~ J. ~ : .~~ LL.p( (/h,1Æ. Þ'J7 t, 4- . . J L.J ~.J Ît '~f~ 1:0. List any related professìonár.~Catioßs and 1icerises~_ch you hé>ld: " l'nû- L~ 75,1Jk-d- ~L L::>Ir., L ~ zj>c=..../ , F -. 11. Give your:~~J'e$Cnt, or mosfre.cent; employer, and pOsition: sa U.S. NA-VYj S7J1-~ -;!v¡x·..:>C· ,M)v()~ ~,.,~IK A/AJV,ð2.-· 6,n¿; ~C;¡~,.J / J'2. 'Desaibe expéríœces_.aJdJ1s oi:bowJedge ~ quaJily.~yØû;tó>aaVe oo"djis ~ (pJcuc' ~ . bti~ íuûme) æ-/Þcl.oI. " ~ .' . , I'hereby ecråfy, wraD-thë abOVe suiemcnu' an tnie.- and:ll¡l'Cè:aøa '~~~~'II1Y mØJÍI~mt ofml~!J1 &as coauained 'in ~ appliapon may ca~e lorfeituteç(m my .~,~{aqy,~~t~i may receive. ~4-_~ , t9c..1-()~ f) 'ld-o'3 J)4TE , sr. : _ rollE ' .> Note: 1bis appliCation will reriWn on file in the:City Ðeijè1s Ø~:fflaaftlrars frOm·the Øate it'was' }ê'. ' .submitted. It will be the .pp1icant-s zespomibility,tá CDI~Èåt~-curn;nraM1lšcationi~ on·$e. . ~1IDN OCT "., 2003 {"ITV '" t:Dti JOHN C. W. BENNEIT 137 SEABREEZE AVENUE DELRAY BEACH, FL 33483-7017 ;- COMMUNITY ACTIVITIES: Beach Property Owners' Association (Trustee 1999-present; Vice President 2001,2002) Progressive Residents of Delray (PROD)(Director 1999-present; Vice President 2000; President 2001-02 E.P .O.C.H. (Director since 2002) Chamber of Commerce (Member, Local Government Issues Committee) School Advisory Committee, Atlantic Community High School (member 1999-2003; Bylaws Committee Chair 2002-03) PROFESSIONAL EXPERIENCE: 1995-present, retired attorney (U.S. Navy Judge Advocate) 1974-1995, naval officer with a variety of assignments involving law and policy 1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL EDUCATION: Formal: LL.M., Law & Marine Affairs: University of Washington 1981 J.D.: Georgetown University Law Center (Editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 Continuing: Leadership Delray Beach 2002 PROFESSIONAL AFFILIA TIO NS: District of Columbia Bar (Inactive) American Bar Association American Society of International Law SPECIAL QUALIFICATIONS FOR SPECIFIC BOARDS NEIGHBORHOOD ADVISORY COUNCIL: · Active for past several years in the affairs of my neighborhood association (Beach Property Owners' Association) · Active for past several years in broader issues of concern to neighborhoods throughout the City through membership on Board of Progressive Residents of Delray (PROD) · Aware of concerns of business community thr:ough service on Local Government Issues Committee of the Greater Delray Beach Chamber of Commerce BOARD OF ADJUSTMENT & NUISANCE ABATEMENT BOARD: · Extensive experience during my Navy career with applying regulations to specific cases. · Thorough familiarity with due process requirements for imposition of criminal and civil sanctions: developed while representing criminal accuseds and administrative respondents, prosecuting on behalf of the Government, and advising adjudicatory authorities. · Adjudicated innocence or guilt and determined appropriate penalties in a number of minor criminal cases. DElRAY BEACH ~ . ftJllIIIcII¡; '~llt 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION RËCË/VËO JAN 2 8 2005 CITY CLERK ,J<hJ infonnation: ùQ.. · 1. 2. 3. 4. Principal Business Address: 5. Home Phone: Business Phone: ¡{}f-I- E-Mail Address: Cell Phone: !J~ Fax: ~_ ___",-«.~ _... i_ ~- 8. List all City Boards on which you are currendy servin or have previously served: (please include dates) . t y related professional certifications and licenses which you hold: eJ' r~ G I hereby certify that all the above statements are true, and I e and understand that any misstatement of material acts contained in this application may cause forfeiture upon my part of any appointment I may receive. Ô~~ &~ ~ÎtýlhorJ ~0/JMS SIGNAWRE 'IE Note: This application will remain on file in the City Clerk's Office for a period of 2 years &om the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. s\CITYCLERK.\BOARD\APPUCATION -;¡p~/kr ?"~J.-()5 DflRAY BEACH .,..... ....** AlI-Amertca, 'tllt 1993 2001 CITY Of DELRA Y BEACH BOARD MEMBER APPLICATION Please e or rint the (0110· infomution: t. Last Name:j1J f1-f2K ~ L i2-o '0 2. ...Home Addr~s: ¡/Y. .-- ~ I 30 ~ ~W ¡,c-SI r-JY Z- 3. Lep Residence: . S A-Ja? 2- 4. Princi~a1 ,usiness Address: City í) State Zip Code 3011 '( /Jilt. (;) if ~ 1- ~ ð bCl-fl- (<:A- 10 /1 F L 6?:' t¡ ':31- 5. Home Phone: Business Phone: E-Mail Ad ess:kh 1 Cell Phone: Fax: 6bl ;)¡C) Ç-7/7 5 b I 70;).. 7 ?;>O() i3 J1/l ~ I ~CJ)?1 6b t7ó-;). 73()D 661 D79 871b 6. Are you a registered voter? 'i t£- S If so, where arc you registered? z: J IZ-IJ 7. \\'hat Board~ are you interested in serving? Please list in order of preference: I~ D R---¡::::L:þ ék n-L-I n ~ J-A-/Ub ~ 0unn State FL State M.L 8. 9. Educational qualifications: ¡-J- I G-I-I ç:ChÓð 10. List any related professioruù certifi . ons and licenses w . ch you hold: 2-41-:- 12. Desaibe experiences, skills or knowJedgc which qualify you to serve on this board: (pJease attach . brief resume) d-å Y ¡:ZS ~ A ~A-L-TJ ~ fl-'i5 !IliP¡2¡í7f1< Ihf}-~ ~~ Zf-~~ HJ?¿Iv. ~LD¿;~r) J hereby certify dut all the above ItJltements are true, and J agree and undemand that any misstatement of materi21 factS con . cd in dús app'liation ma cause ÍI rfciturc upon my part of anË ~unent I may receive. I ' RECEIV) - ,;2 3 - 0 "3 SIGNATIJRE JUL 24 2003 DATE Note: This appliaåon will remain on file in the ç¡~I~or a period of 2 years from the chte it was submitted. It will be the applicant's respoMih!1ily ìtI mšure that a current application is on file. l'CITYaDJC~TION 02/13/2004 17:11 tAX IffJUU;¡:/UU;¡: RESUME FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NA1ìONAL ENQUIRER NEWSPAPER (14 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT:: MERRITI PARK HO:ME OWNER'S ASSOCIATION (4 yrs) BOARD MElvffiER PROGRESSIVE RESIDENTS OF DELRA Y (2 YEARS) MEMBER SYWfNW REDEVELOPMENT TASK FORCE (FROM INCEPTION} PRESIDENT BEAUTIFICATION COMJ\.1I1TEE FOR TIlE NW/SW REIÞEVELOPMENT TASK FORCE) ME:t\.ffiER D]~LRA Y LOOP a.CO-MAN.L\GED TROLLEYS FOR OPENIN"G DAY EVENT b.WORKE}) ON CLEAN-UP CO~TTEE DAY BEFORE OPENIN"G OF LOOJt>-PICKlNG UP GARBAGE IN SWfNW SECTIONS c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCEMENTS OF THE FOLLOW ING WEEKS OPENIN"G CEREMONIES ?\œ:MBER FTJND RAISING COMMITfEE FOR THE MILAGRO CENTER ~l¥':B~ft1 bad All-Alœricac; 'tllt 1993 2001 f}"f'q I kr / r:/,¡a.nC ~ ,.. ~ ð -:fCJ-OS CITY OF DELRA Y BEACH -SOARD MEMBER APPLICATION information: 2. r¿)~Je N ~ 3. Legal Residence: ~ l7-~o~ 4. Principal Business Address: City State Zip Code E-Mail Address: Cell Phone: Fax: 6. 7. 8. e currently serving or have previously served: (please include dates) NO AJe- 9. ~~fLN :5 c4~ 1 !Y4.9\r\¡~ .~ 10. List any related professional certifications and licenses which you hold: Note: 'This application will remain on file in the City Qerk's Office for a 'period of þp¡s from the date it was submitted. It will be the applicant's responsibility to ensure ~~~~on is on file. Kl1'YCUU~TION MAY 3'0 2003 ~I..-v ~I t=RK -p \... \ \ \. (' \-h., e.d. '^"'~ <7 ~o A-\ \4Nv9J'1~ ~(1..\.~ . ~~ ~ P\ ~ß\{¥"3 ~G:,l -;)..7(p -~(}..D 7 S\4.C4..~ctO _ ':B.A. I"" .f:Co~h\IC.~ - ~~Cø )\~) . Nv-v ~"ú..Ct ~ Ie;" ~ Þ'J\~.A-. <bk«.N <£C»oo} '(\'j€A- I N~o~ C\ ~ (qr;,s- .wC!:'a..k e.xru-\e.t\lce- It:; G,,s-- lez6~ Gl.AhØÑ ~~Cø~trhoÑ ~ TcOr-~ ~~\.~+ IC¡~r--/97-;- L-eUefl- ~(UD~~ - g~ . TA-')( ~\ql t ~-t- 177~-/q'lg" Cl~ l.L-vLJeß/~~>,~ ../bs I S.}~U¡tJ\\J~1 4¡ ÌÀ~ (" ~I\J 19JJ~\'9-! (fccÅ L,\ \l~'-/ I (<7 ~S - I<=} 'it> ^l.vÑì'9n.{¿^>-~~MI'Y\a,~- ~~\re.i. tÑft.Il.-("~k~~~- UMs . -=b rv-~~ S-, (~fð9J..l.e {J {cÙ \ ~S--N~( ~~ ~~k . K-eJT \ ~~ / ~~ 7 v-e.s .J ~ +-cø~~ co\l~Ño 7~6-2ØØ4 1Ø:12AM FROM NCS 561 330 7648 P.2 OURAY BEACH ~ AI"~CI; 'tilt 1993 2001 7-¿-Ó~ ~QIlC(tJ fhart~eý CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION Please rint the followin information: 1. Last Name: C~"-''Cm~ 2. Ho e Address~ \ _ \ : c\ DB NCU'\"~ ..:>w,.~,~ 3. Le~l Residence: t Ñt ~ ~-\.t.L\.:' 4. Principal Business Address: ~s-~ Name .-- \-.(,~ ~~ ~ City D~\.. City (.." t~ City r\ 6" S- ~ {}u-e~~ ~ 't..c.At E-Mail Address: M. 1. g~~ 8- State Zie Code 53'1 3~~V( Zip Code State FL- State 5. HOlne Phone: ~(- ¿~ -{,7JI 6. Business Phone: \S~ fL Cell Phone:J1j ( Fax: n ( 17Ó-\.f IS~ · I ~ ~<:.SOAlJ~ (6 M. '13ö -70 Y'-I If so, where are you registered? s~'t33 7. W'þ~t H03rd(s) are you Ïnteýfsted io ~J"rrñf\g? PleaseJist in ordeJ:....Of preference: ~ .s ~('~ 1'\-6~~"'"\ '~(}--fl..-I~ 8. List all City Boards on which von are currently serving or have previously served: (please include dates) 9. Educational qualifica\Íons: N\.\oJ ~~ \.. \- ~ 'f '^St-vt~ Fe ~A-ti c -Q 10. List any related píts~o~ certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 12. Describe experiences, skills or knowledge which qualify you to se.rve on this board: (please attach a brief re.swne) ~ ~~ ove statements are true, and I agree and understand that any misstatement of material facts . (1 may canse fOrfeitu[~ upon my part of any apPOìntm""~ 'G1~e7:1 DATE Note: This application will remain on me in the City C~erk's Office f~..2t¡rio.d~~years from the date it was submitted. It will be the applicant's responsibility to ens~~~lication is on file. S\cITYCL£RK\80ARD\ArpUCA TION JUl - -6 2004 ~ITV CLERK 7-06-2004 10:13AM 1994- present - 1982-1994 - 1978-1982 - 1965- 1978- 1961-1965 - NASD Exams - FROM NCS 561 330 7648 P.3 Kenneth T. Kaltman National Compliance Services 355 NE 5th Avenue DelïdY Beach, FL 33483 National Compliance Services - Manager and Field Auditor National Regulatory Services - Sales and Compliance The Securities Group - Senior Partner/ Trading and Compliance Lehman Brothers - Senior Vice Presiden~. "Trading - established London and Tokyo office for Lehman New York Institute of FinancelUniversity of Tampa Series 63, Series 7, Series 24 All-AmeñcaCity , t II J! 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION I :J/M/1JiJ 1Js/~ ~R· DELRAY BEACH .1.0.'04 ***** information: 1. 2. tLk-- ßL V 3. --- 4. City State Zip Code Business Phone: Fax: c; FL. 11. I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts cont· d in this applic ·on may cause forfeo e upon my part of any appointment I may: receive. RECEIVED DEC This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's respoCiÞlh¥ ~l.rG..:QKhat a current application is on file. s\CITYCLERK\BOARD\APPUCA TlON DA Note: ***** All-AmeñcaCity ~ , II J! 1993 2001 '\J- ~- 0(0 'ü~ ~ /:¡ ~C~ CITY OF DELRA Y BEACH °C¡ 0 /v~() BOARD MEMBER APPLlCATIO~/),y 9 ¿OO, C~~~~ DELRAY BEACH 'I.Oa.DA information: 1. LOEB Name N /CHIJ1-!I5 City /)clí¿t &ath City MI. 2. Home Address: / t? I J (¡) /8 ~'tlla¡$SCll)tL Wt1-Y 3. Legal Residence: Stlm£ aJ abovc, 4. Principal Business Address: 22~ tiladlJ Rd· ~uìk 22dA. State F¿ State Zip Code 33183 Zip Code PL Zip Code J343 J City BOCtl !ltxh JI\ State 5. Home Phone: Business Phone: E-Mail Address: nmlo(b@ etol ·u~ Cell Phone: -31 () ',j7g 4 . ~4-¿S- Fax:: f5l, ¡. 265·3170 5&, 1 . 2-41 . ~171 6. Are you a registered voter? YES 7. If so, where are you registered? PAi/1 B'ElJcll err: , BU{áf¡O¡1 .load ~. List all City Boards on which you are currendy serving or have previously served: (please include dates) NON~ 9. Educational qualifications: ßI1{//ElðR-- OF SC":rJC~ ¡Iv f1/lNAfJFf1ÐJT I . Rf\JAi\JC£ hll-1OfL 10. List any related professional certifications and licenses which you hold: (}l3fl-TÌFtÐ:> · f!-tVÎ þ(}Li ðFFi(£fL 11. Give your present, or most recent employer, and position: Nfl:ifoL--A~ l()cB lNïFt-NATÎONH L I fKø"/JEf\.fI/ LeD 12. Describe experiences, skills 01' knowledge which qualify you to serve on this board: (please attach a brief resume) SEE" A1TAlH£J) R.5:5UNE . I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this a licatio y cause forfeiture upon my part of any appointment I may receive. /t)¡;£~~ DATE -¡- Note: This application will remain on file in the City Clerk's Office for a period 'of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. s\CITYCIERK\BOARD\APPUCATION Nicholas M. Loeb mnloeb@aol.com 2255 Glades Road - Boca Raton, Florida 33431 suite #223A.. (310) 384-6425 PROFESSIONAL EXPERIENCES 2002 - Present Nicholas Loeb International Boca Raton, Florida President and Chief Executive Officer Los Angeles, California · Founded a real estate company to purchase and remodel properties. Have already remodeled and sold five homes. 1997 - 2002 International Production Company Los Angeles, California President and Chief Executive Officer · Incorporated and managed a company in the ~ televisi~ and media industry. Devel0pe4 and produced major motion pictures. · Secured financing of $500~ developed, produced, ~ or~ managed and sold the award-winning feature ~ The Smolœrs, to MGM, which has grossed over $5 million to date. Quincy Jones served as Executive Producer, and Dominique Swain (Lolita), and Thora Birch (American Beauty) starred in the film. · Produ~ organized, manage<L stcured financing and setup several episodes of an award-winning documentary, The Living Century, with the Independent Documentary Association. Barbara Streisand served as Executive Producer, and PBS has aired the show. · Assisted in casting, scouted locations, and raised funding for the independent feature film, Absinthe. Summer 1997 Primary Colors Los Angeles, California Production Assistant · Secured movie set, and provided and organized extra actors for the feature film starring 10hn Travolta and Emma Thompson directed by Mike Nichols. Developed necessary materials and contracts for actors and film management. Summer 1996 Universal Studios Universal City, California Corporate Development, Motion Picture Finance (Internship) · Set up databases to produce information as requested on genres by categories for gross sales. Assisted the motion picture group with analyzing financial data. Scouted and researched actors for future Universal projects. EDUCATIONAL ACTIVITIES 1994-1998 Tulane University A.B. Freeman School of Busines~ Bachelor of Science in Management; Concentration in Finance · On-Campus Orientation Coordinator · Division 1 Track; Javelin New Orleans, Louisiana OUTSIDE ACTIVlTŒS AND INTERESTS · Council of Trustees for the Republican Party of Palm Beach County · Member of the Boca Raton and Defray Beach Chambers of Commerce · President of the Republican Club of Delray and Highland Beaches · Centre Kids Committee for Center for the Arts at Mimer Park · MSBL/MABL Baseball Player; South Florida League · Deputy Sherïfl: Los Angeles County Sheriff Department · Board Member, LOs Angeles Sheriff's Star Organization (LASSO) · Vice Chairman, Sonòma Loeb Wines · Mèntber, Host Committee to "Starbright Foundation" I . Member of the "Nicholas Committee" to support the -New Yorkers for Children (NYFC) · Member of the Escada. Heart Committee · Volunteer Wrestling Coa~ Santa Monica High School · Member, Screen Actors Guild DELRAY BEACH .~..... .**.* All-Amllrlca c; 'Illt 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION ..-.//-1-01 C5o/l!n()k~ infotm2åon: 2. Home Address: .2 () 3. Legal Residence: . ¿.A-/!/ é ~ame £/¿Ç¿C~ Ci Õ¿-¿ City M. I. Zip Cody 3 J Zip Code 4. City State Zip Code E-Mail Address: Cell Phone: Fax: - Lð ¡¡t) ~.tJ "'- 8. List aU ut}' BoardS on" which )'ou ue- turrcntl)· sen-ing or have previ'ousl)' ierved: (please include dates) 9. 10. List any related professional certifièaåons and licenses which you hold: ~ 12. Desë:ribe experiences, skills or knowledge which qualify you to lerve on this board: (please attach. brieCresume) ., hereby c~fy ~~ an the ~bove Iþ:temèl)ts áre ttu~~~ J ~ and ~dentmd that 'any JDÎsst2tement oC matcriaJ {actS . .~ tbis71;:;;/ ause rorkitUtt upóiì my part of any appoinanmt ~ 7¡~ SJGNAlURE DA1E ? / (~ Note: This. a~plica~qn.wïµ r~ ~~ ~e.in·.thé.Ci~ .<?erk'.s.~f~ct f0f;J~f.JÞA fr~m the date it was subnutted. It will be the applicant·s rcspons1bility to ensure thál1 ~dif ~ppJïcatï:on 15 on tile. , . 1'CI'TYQ.EJUt\80~AT1ON NOV - 7 ?OO? CITY CLERK rfñr 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION (}t¿w¡;f E¢' ;Lld5-' O~Y8EA.CH .- to:. t - /þ .. ...*'**'* S 6. h.I} €.. 4. P.rincipal Business Addr~ss: City ;17 M.L State Zip Code rl .3 J c¡ Y Sane Zip Code: State: Zip Codt: Plé2Se é or rint the folio infonna.tÍ.on: 1. Last Name: AJ I ewel 2. Home Address: ;;?. g Q ÆJ E ;J.,.) ¡ A Ue. 3. L.ëgal Residencé:: Name ßì Cê- City J1 veJIí Æ5ea-cft City 5. Hon1e Phone: ~a #-/1 4¿ Business Phon~: E-Mail Address: Cd! Phone:: Fax: .l6f J 78- '3otF 6. Axe you a registered voter? ej bn€uJef/1 Æ4,fMa:~l (r¡I)8t¡]-33f/ If so, where are you registered? ~,ft í. What Board(s) "Ie you ínt~estðd in servi.a.g? Please list in order of preference: ~/aÞ¡ ~/' /1 8. List all L<Aj Zen J'/l C1 /Õv4./j ty_~~~~ ?~~~ch y ro:é cun:e"~~y serving 0 I. /;'tJr(øe¡J /J ¡ V;~.f C(;~/ic/ I S ,"Æ- ,4et:~ Î-Ptll'e 2.ve pr~viously served: lea~~ in~lud~ .~t~) " - 9. Educa.tional quilific-ations: A·A. /Æ .~~l List any rdat~d professional certificarions and licenses which you hold: 11. Give your presen~ or mOSt receot emploYff~ a.nd posicion: / I_ DC- . J f r e /" ,- Æe..a / tc í 12. DescnDe experiences, skills or knowledge which qualify you to 5.erve on this board: (please attach a brief resume) /ê~O-/~ __ I htttby ctrtify that cill th~ abovt statements are tIUe~ and I agree and undcrstand that any misst-"\ttménc of material faces ~n~~~ ~JY ~use forfei;;~;, ~~~ny apPo"'tm~ ¡;;i;eive- ;JGN~ . JAN 0 5 2005 DAn{ Note: This application will remain ?fi file in the City ~le~~ gffice for a period of 2 years from ch~ date it was submitted. Ie '\,till b~ thE: applicant's .eþ-¡;¥i1ßi,r~~w:e d1.at a C1J.1Ient application is on file. S"CITYClEU\BO~A1tLtC.~TION .-(I·...t üc- ~ ) .:.-,,-..-.: f IP,- .-.'::-T-T-¡ TÜ':" y·P-I '::....JnT 11...rIT..It-II~n.I,-n ....1-1 Bryce NeweR 2&ONE 2M Ave4 De1rav Beach. FL 33444 Home. (561) 21&-3068 Cell (561) &43-3311 E-mail bnewelll@hotmail.com PROFILE Marketing and saJes executive with 6 years of high level outsíde sales experience~ with a proven track record in developing new business &D.d driving revenue in leading edge technologies. Strong anal)'tical, c;reativc, and communication skIlls developed through assigmncnts in strategic planning,. marlcetíng communicariQIIS., product launchcs, and training. Excellent leadership abilities demo.DStraled by delivffing results through highly motiva1ed and imaginative teams. ProfDSional £:J:pe'¡ence FDN Communiations; West Palm Beach.,. FL Senior Acœant Executive 4/04-Prescnt Provjde daIa products and servíces. to business throughout: Florida and Georgia. Primary focus on international multiple location corporations relying on high use data transport. In the top running foe rookiè of the 2114 half of the year award. McLeodUSA; 0akbr001.; IL Senior Account Executive 3/03-2/04 Mid-Market telecommunications sales position ín greater Chicago land area. My responsibï1ity is to acquire new Business only. Services consis( of. PRl's. II·s. VPN"s. Frame Relay and Wireless. Typical month inc1udes running approximately IS new appointments, resulting in 4 to 6 ordeIS ranging ftom S500 to S3000_ OearOne Communications; W e$nnon~ IL Senior Account M31\ager 1102-12/02 Videoconferendng Speda1ist pos.ition. brought on fo esrablish marlcet s.hare in Chicago. Company provid~ end-t<>-end solutions for vtdeo. audio and web conferencmg scIYÍccs. Primary customer focus is Fortune 1000 and Higher Education market. TaDdber~ LLC; Chicago, II.. Rc~oœl M~ 8/01--6/02 Responsible for selling TANDBERG Videoconferendng equipment to Educatíon and Medical Agencies. Partnered with consultants and system integnrocs to provide the customer with a complete solution. Current territory consistS of Illinois, Indiana ànd Wisconsin. InV'æ1V; Chícago~ II, Business Develotmlent Manae:~r 10/97· 7/01 W orlced with equipment dealers~ system integrators and telecommunication companies to develop new accounts. Increased company revenue by 20°Æ. by creating a partnersbip progratIL Developed worlcing n~Jationsbìps with system. integrators. equipment manufacrores and telecommunication companies. Consulted with IT and Telecom Directors on Videoconferencin.g services. CSC Office Automation; Rolling Meadows~ IT.. Maior Account Manager 2196-9/97 EDUCATION 1991..1993 1993~1995 A.A... Business Management,. College ofDupage~ Glen Ellyn,. IL BS~ Business Admjnistratio~ Loyola University_ Chicago. IL ç-n·~ qç-: ) .:'IYI.-.: uec .-';;' T .-T.- I T ')1:" 'Y'p..J -:'·I-.IíIT I ~·nn.ll-tl..II..ln-1 1'tJ¡1.J All-AmeñcaCity , , II ,! 1993 2001 ¡Pht/5'Ï1af ~r~[ J ;¿¡t7/7~/ CITY OF DELRAY BEACH ~£~ J¿ BOARD MEMBER APPLICATION t'/. '/ ~ 7 DELRAY BEACH 'Loa.o'" ***** Please rint the follo· information: 1. Last Name: SHéA.~AN 2. Home Address: 31 g S- JJ. \At, tj S-r: 3. Legal Residence: ~~~ 4. Principal Business Address: Name ÆI?L.iN IE. City MI. Þ. Zip Code -- City State Zip Code - - 11.* 5. Home Phone: - Business Phone: E-Mail Address: Cell Phone: Fax: ¡J ¿( I~t!. e ~. List all City Boards on w . h you are currently serving or have previously served: (please include dates) , E., Sre.o tJti I- I hereby certify tHat all tHe above statements are e, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. /fn~:"'1 . J9.~~ RECEiVE() .~ JAN 102005 Il:!ð.J DA Note: This application will remain- on file in th~Çity-f=lerk'd t{ffice for a period of 2 years &om the date it was submitted. It will be the applicant's ~bìÍsi~¿ 'ensure that a current application is on file. S\CITYCLBRK\BOARD\APPUCATION ~ Community Improvement Memo From: David Harden, City Manager Lula Butler, Director, Community Improvement Lib To: Date: February 11 , 2005 Re: Community land Trust Steering Committee ITEM BEFORE THE COMMISSION: City Commission consideration and approval of the Community Land Trust (CL T) Steering Committee as recommended by the Community Redevelopment Agency. It is recommended that the CL T Steering Committee consist of the following: · 1 City Commissioner · 1 CRA Board Member - Brenda Montague with Frank Wheat as the alternate · 1 Housing Authority Board Member · Community Improvement Director, Lula Butler · CRA Director, Diane Colonna · Delray Beach Housing Authority Director, Dorothy Ellington · CRA/DBHA Attorney, Robert Federspiel Joe Gray of JEG Associates will take the lead in following through on the steps outlined in the CL T Development Plan. He will be major staff support for the project. BACKGROUND: The CRA contracted with Mr. John Davis of Burlington Associates to conduct a study regarding the feasibility of a land trust in Delray Beach. He concluded that we do have the infrastructure and need for a land trust and provided to the CRA a Development Plan for its implementation. The CRA, by its actions at their regular meeting on February 10, moved forward on the first three steps in the Development Plan of: (1) securing consent from the boards to proceed with planning a CL T; (2) create a CL T Planning Committee and (3) secure staff support for the CL T planning process. The Commission will need to designate the Commission appointee. The Development Plan is attached for your reference. RECOMMENDATION: Staff is recommending City Commission approval of the Community Land Trust Steering Committee as recommended by the CRA Board and appoint the Commission representative. LB:DQ Attachment 9M Meeting Date: Agenda Item: February 10,2005 1 '" Summary '" DISCUSSION WITH HOUSING AUTHORITY BOARD RE: CL T The Board of the Oelray Beach Housing Authority (OBHA) has been invited to this meeting of the CRA in order to hear a presentation from John Davis of Burlington Associates regarding the establishment of a Community Land Trust (CL T) for Delray Beach. Mr. Davis conducted a study last year for the CRA regarding the feasibility of a land trust in Del ray , and outlined the attached CL T Development Plan for its implementation. OBHA and CRA staff have met several times in recent months to discuss the possibility of working together on the CL T. Both agencies are involved in the creation and/or provision of affordable housing, and both own land that could be used to get the trust started. Mr. Davis will cover some of the basics of CL Ts for the benefit of board members who are not fully familiar with the concept, and will go over the next steps that need to be taken by the CRA and DBHA. Following the discussion it would be appropriate for the CRA and DBHA boards to discuss the first three steps in the attached Development Plan: 1 ) To secure consent from the boards to proceed with planning a CL T 2) Create a CL T Planning Committee 3) Secure staff support for the CL T planning process It is recommended that the CL T Steering Committee consist of the following: · 1 City Commissioner · 1 CRA board member · 1 Housing Authority board member · Community Improvement Director Lula Butler · CRA Director Diane Colonna · OSHA Director Dorothy Ellington · CRA/OBHA Attorney Robert Federspiel Joe Gray of JEG Associates, Inc. will be in attendance at the meeting. Mr. Gray's contract with the City, which is partly funded by the CRA, calls for him to take the lead in following through on the steps outlined in the CL T Development Plan. He will in essence be the major staff support for the project as outlined in Step 3. Recommended Action: Following the presentation and discussion, give formal consent to moving forward with the OSHA on the CL T Development Plan, and appoint a CRA representative to serve on the CL T Steering Committee. Submitted By: Diane Colonna. Exec. Director = = ~ ~an ..... = == ~M E= c..- o Q.. ~< ~ I ~ ~ ~ = ~ = ~ ¡ u~ .. ..c ~ ~ = =0 ~ ~ = rI.) ~= =.: ..ø. ~ ~ ~ C'-. CD CD C'-. .~ ~ e "'0 e o 0 e u r-- bO ..J C'-. . == Ut/}C CD t/} C ..c8~ ~O:l.. t/} 6.. E-< 8 bO~ .~ C U "'0 . a CD Bã73 ~õ..§ r.. ~ 2 CD ..... '"~ - :> ~ CD ..... L.. = ..c bO CD fIJ 0.5 t/} fIJ ..... t/} 0 ~"E6'; ...,.-¡ ~ "'0 CD ~ 0 C ..... ~ ..c CD.5 ~..c"'OO ~ ~ §: CD ~ ~ '- Q.. 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S ~ .~ ~ o .~ Co) õ ~ 8- Co) tI) u 8 rn ø.. .š ... ~ ~ (I) "0 = (I) - (I) ~ > 'r:: ø... e :$ cß § r/}..r:: =~ (I)....J §u . - C+-.4 § ~ 8'õ¡) Q) ~ ~ 1:: U 0 ~ e .. -f' Date: February 11, 2005 Agenda Item No. ~ AGENDA REQUEST Agenda request to be placed on: _X_ Regular _ Special _ Workshop Consent When: February 15,2005 Description of Agenda Item: Community Land Trust Steering Committee Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~ ~. City Attorney ReviewIRecommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Ñ\~ ~ Funding Available: Yes / No Funding Alternatives: Account # & Description: (if applicable) City Manager Review: Approved for agenda@/ No:::II Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved vI< W\ ME.MORANDUM TO: David T. Harden, City Manager FROM: ~bert Barcinski, Assistant City Manager DATE: February 14, 2005 SUBJECT: AGENDA ITEM # ~ ~ CITY COMMISSION MEETING FEBRUARY 15.. 2005 FUNDING REOUEST - FIRST NIGHT INTERNATIONAL CONFERENCE, APRIL 9-13.. 2005 ACTION City Commission is requested to authorize funding in an amount not to exceed $5,000.00 as part of our commitment to host the First Night International Conference and authorize staff to request funding from the Downtown Development Authority (DDA) and the Community Redevelopment Agency (CRA). Funding is available in the First Night Account as well as approximately $7,000.00 in the City Commission Event Contingency Account. BACKGROUND At the City Commission Meeting of October 19, 2004, the Commission accepted an invitation to host the First Night International Conference to be held in Delray Beach on April 9-13, 2005. At the time of approval, Ms. Ferrer felt she could raise, through sponsorships, the $10,000.00 required to be underwritten as the local sponsorship requirement, as well as an additional $5,000.00 that would be needed for Host City expenses. It now appears that we can get the sponsorships needed to cover the $5,000.00 cost for host expenses but not the $10,000.00 sponsorship. The Committee is requesting that the Commission agree to fund up to $5,000.00 of the sponsorship costs and authorize staff to request a $5,000.00 match from the CRA as we did for the Historic Trust Conference last year and another $2,500.00 from the DDA to ensure that all Host Committee costs are covered. RECOMMENDATION Staff recommends consideration of approval of the funding request of up to $5,000.00 from the City with $2,500.00 to come from the City Commission Event Contingency Account and $2,500.00 to come from the First Night Account Fund. Commission is also requested to authorize staff to request funding of up to $5,000.00 from the CRA and $2,500.00 from the DDA. File: agenda memo. replacement. vehicles.Ol.22.04 Page 1 of 1 Barcinski, Robert From: Marjorie [Marjorie@delraybeach.com] Sent: Thursday, February 10, 2005 3:53 PM To: Barcinski, Robert Subject: FW: Fla Historic Trust Importance: High Bob, Attached is the information regarding the funding of the Historic Trust Conference last year. The CRA evidently contributed $5,000 at the City's request to split the $10,000 sponsorship level. The normal application for CRA funds for special events does not allow this amount. Since the First Night Event is the City's, I feel that the sponsorship could come from the City, CRA and DDA at a lower level. The smaller sponsorships that I might be able to raise would pay for the City Spree event - tent rentals, entertainment, etc. The JV probably will need to raise $5,000 for that night alone. The Mayor and rest of the committee agreed to this conference partly because of the visibility for Delray Beach, but thinking that Office Depot and Borton Volvo would partner with us. Neither sponsor has signed an agreement for this year at this time. Please let me know what to do next. Thanks Marjorie -----Original Message----- From: Bright, Lisa [mailto:Bright@ci.delray-beach.fl.us] Sent: Wednesday, February 09, 2005 12:30 PM To: Marjorie; selma@delraybeach.com Subject: Fla Historic Trust Importance: High Marjorie, Attached it the agenda item used to receive sponsorship dollars. If you need anything else -let me know, Lisa Lisa Bright Delray Beach CRA 20 N Swinton Ave Delray Beach, 33444 561.276.8640 561.276.8558 Fax lbright@delraycra.org *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 2/14/2005 --- ~ a..... "-- (\~)' . ~ _ MYDELRAYBEACH.COM City of Delray Beach Administrative Services Memorandum TO: David T. Harden, City Manager FROM: ~Obert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item -- City Commission Meeting October 15,2004- Host/First Night International 2005 Conference. DATE: October 15,2004 Action: City Commission is requested to accept an invitation to be the host City for the First Night International Annual Conference proposed to be held Saturday, April 9 to Wednesday, April 13, 2005 and accept the responsibilities of the host City. Backeround: Delray Beach has seen selected by First Night International as a site for their annual conference, which will be held April 9-13, 2005. We need -to fonnally accept the invitation and agree to assume the responsibilities of the host City. Attached is an e-mail Marjorie Ferrer has received concerning the event along with a list of host City responsibilities. The Mayor and I met with Marjorie, Bill Wood, Joe Gillie and Marjorie's staff today to review our responsibilities and discuss them with the First Night staff. Ms. Ferrer is confident that she can find sponsors to underwrite the $10,000 local sponsorship requirement. Based on the other requirements, I am guessing that we many need to raise an additional $5,000 - $10,000 to pay for local artists to perfonn during the conference and for transportation. The proposed location ~or the conference is the Marriott. Recommendation: Staff recommends acceptance of the invitation to host the First Night International conference April 9-13, 2005 and accept the host committee responsibilities. 9~ MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # \0 Å.. - REGULAR MEETING OF FEBRUARY 15.. 2005 ORDINANCE NO.7-OS (SECOND READING/SECOND PUBLIC HEARING) TO: FROM: DATE: FEBRUARY 11, 2005 This Ordinance is before Commission for second reading and second public hearing for a City initiated amendment to Land Development Regulations (LDR) Appendix "A", Section 4.3.4(K), "Development Standards Matrix", and Section 4.4.6, "Medium Density Residential (RM) District", modifying the development standards in conjunction with the implementation of the Southwest Area Neighborhood Redevelopment Plan. In order to realistically accommodate densities up to 24 units per acre for workforce housing within the r~cendy adopted Southwest Neighborhood Overlay District, the RM (Medium Density Residential) zoning district development standards must be modified. The proposed amendment reduces the current setback requirements as follows: · Reduces the front and side street setbacks from 25' (1 & 2 story) and 30' (3 story) to 15' · Reduces the side interior setback from 15' (1 & 2 story) to 10' and from 30' (3 story) to 15' · Reduces the rear setback from 25' to 10' The amendment provides a definition of "porch" and will allow front porches to extend 5' into the setback. The required setback for a garage, carport, or porte-cochere will be 20' when the entrance faces a street or alley. The balance of the structure will maintain a 10' setback. On January 24, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. One member of the public spoke in support of the amendment, but felt the requirement to provide 20' setbacks behind the garage doors adjacent to the alley was excessive. They also felt the front porch should be able to extend 7.5' into the front setback rather than 5' and the porch should be able to occupy more than 50% of the property frontage. The 20' setback for garages will prevent people from parking in a substandard area and encroaching into adjacent travel lanes. Limiting the porches to 5' will ensure that there is adequate area for landscaping and utilities, and that additional articulation is provided on the elevations facing the street. The Board voted 5-0 to recommend that the request be approved as proposed by adopting the findings of fact and law contained in the staff report, finding that the request will further the Goals, Objectives, and Policies of the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment Plan, and meets the criteria set forth in Land Development Regulations (LDR) Section 2.4.5(M) (Amendment to Land Development Regulations). At the first reading on February 1,2005, the City Commission passed the Ordinance No. 7-05. Recommend approval of Ordinance No. 7-05 on second and final reading. S:/City Clerk/Agenda Memos/Ord 7-05 Modtfymg RM Zoning for SW Area Redevelopment.02.15.05 TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAV@ ~R!!N' IT)' MANAGER PA~~DORLI , I TOR OF PLANNING AND ZON JEFFREY A. COST 0, ASSISTANT PLANNING DIRE MEETING OF FEBRUARY 1,2005 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS MODIFYING RM (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT DEVELOPMENT STANDARDS IN CONJUNCTION WITH THE IMPLEMENTATION OF THE SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN. ~ I BACKGROUND In order to realistically accommodate densities up to 24 units per acre for workforce housing within the recently adopted Southwest Neighborhood Overlay District, the RM (Medium Density Residential) zoning district development standards must be modified. The proposed amendment reduces the current setback requirements as follows: · The front and side street setbacks will be reduced from 25' (1 & 2 story) and 30' (3 story) to 15'; · Reduces the side interior setback from 15' (1 & 2 story to 10' and from 30' (3 story) to 15'; · Reduces the rear setback will be reduced from 25' to 10'. The amendment provides a definition of "porch" and will allow front porches to extend 5' into the setback. The amendment includes a provision that requires a 20' setback for a garage, carport or porte- cochere when the entrance faces a street or alley. This is to ensure there is adequate room for guest/residents to park in the driveways, without vehicles encroaching into the right-of-way. This requirement would continue to allow the balance of the structures to maintain a 10' setback. Parking in the front yard is discouraged unless there is no dedicated access to the side or rear of the property. Also, when parking is provided in the rear on-street parking must be provided. Positive findings can be made with respect to LDR Section 2.4.5(M)(5), as the proposed text amendment will further the Goals, Objectives, and Policies of the Comprehensive Plan, and the Southwest Area Neighborhood Redevelopment Plan. Additional background and a detailed analysis of the text amendment are provided in the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 24, 2005. There was a member of the public who supported the amendment, but felt the requirement to provide 20' setbacks behind the garage doors adjacent to the alley was excessive. They also felt the front porch should be able to extend 7.5' into the front setback rather than 5' and that the front porch should be able to occupy more than 50% of the property frontage. Without a required 20' setback for garages we would find that the minimum 10' setback would be provided encouraging people to park in this substandard area and encroaching into adjacent travel lanes. The regulations concerning the porches, limiting them to 5', are to ensure there is adequate area for landscaping/street trees and utilities, and that additional articulation is provided on the elevations facing the street. The Board voted 5-0 (Kincaide absent), to recommend to the City Commission approval of the proposed amendment as proposed by adopting the findings of fact and law contained in the staff report. \ \:)1\ City Commission Documentation Meeting of February 1, 2005 LDR Amendment - RM zone district regarding Southwest Neighborhood Overlay District Page 2 RECOMMENDED ACTION Move to approve the amendment to the Land Development Regulations Appendix "A", Section 4.3.4(K) (Development Standards Matrix) and Section 4.4.6 RM (Medium Density Residential) zoning district regulations by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on February 15, 2005. Attachments Proposed Ordinance & Planning & Zoning Board Staff Report of January 24, 2005 OElRAY BEACH ~~A.ÃÌ ifiir 1 ')')J ~UUI PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT DEL RAY BEACH ~4iIt..:~ ;¡¡¡r l'.;y ¡ :>001 MEETING OF: JANUARY 24, 2005 AGENDA ITEM: IV.G. CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPENDIX "A" (DEFINITIONS), SECTION 4.3.4(K) (DEVELOPMENT STANDARDS MATRIX) AND SECTION 4.4.6 RM (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT REGULATIONS MODIFYING THE DEVELOPMENT STANDARDS IN CONJUNCTION WITH THE IMPLEMENTATION OF THE SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a city-initiated amendment to the Land Development Regulations Appendix "A", Section 4.3.4(K) (Development Standards Matrix) and Section 4.4.6 RM (Medium Density Residential) zoning district regulations modifying the development standards in conjunction with the implementation of the Southwest Area Neighborhood Redevelopment Plan, pursuant to LOR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND I ANALYSIS Background: At its meeting of June 3, 2003, the City Commission adopted the Southwest Area Neighborhood Redevelopment Plan, which establishes a blueprint for the revitalization and stabilization of the area generally bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. The Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. IV.G. Planning & Zoning Board Memorandum Staff Report LOR Amendment - RM regulations regarding Southwest Neighborhood Overlay District Page 2 Within the Northwest Quadrant sub-area, a goal is to provide significant redevelopment with both ownership and rental opportunities for residents with a mix of incomes and lifestyles. During the development of the Neighborhood Plan, it was acknowledged that incentives are needed to attract the redevelopment activity anticipated by the plan and accommodate the desired mix of housing. It was also acknowledged that any potential increases in density (greater than the current maximum of 12 units per acre) would only occur for the area north of SW 2nd Street, which is currently zoned RM (Medium Density Residential) and allows multiple family development. This area serves as a transition from the higher intensity commercial area along West Atlantic Avenue and the single family zoned area south of SW 2nd Street. In order to implement directives of the Plan, on October 19, 2004, the City Commission approved Comprehensive Plan Amendment 2004-2 which included text changes to the Residential Medium land use description to allow increases in densities between 12 and 24 units per acre in an overlay district in the area north of SW 2nd Street, between 1-95 and Swinton Avenue, south of the West Atlantic Avenue commercial area. Concurrent with the Comprehensive Plan amendment an ordinance was being formulated to create a density bonus program requiring the provision of workforce housing (consisting of very low income, low income and moderate income households) for increases in density within the overlay district. The accommodation of workforce housing is also consistent with the adopted Southwest Area Neighborhood Redevelopment Plan. At its meeting of December 6, 2004, the City Commission adopted the FamilylWorkforce Housing ordinance. The ordinance includes the creation of three overlay districts in which density bonuses are awarded for the provision of workforce housing. The three districts include the Southwest Neighborhood Overlay District, Southwest 10th Street Overlay District, and Carver Estates Overlay District. The goal of each of the Districts is to provide opportunities for existing residents to remain in the area and assure that as development occurs an affordable workforce housing component is included. In the Southwest Neighborhood Overlay District, the density bonus program would allow additional density above 12 units to the acre to a maximum of 24 units per acre, as a conditional use based upon provision of workforce housing units. Within the Carver Estates and Southwest 10th Street Overlay Districts, a maximum of 12 units per acre is allowed where developments substantially meet the existing performance standards as well as provide a minimum of 20°¡Ó workforce housing units. Per the adopted FamilylWorkforce Housing Ordinance, the workforce housing units are to be compatible in exterior design, appearance, construction and quality of materials and contain comparable HV AC systems and appliances as the proposed market units.. I n order to accommodate the allowed densities within the Southwest Neighborhood Overlay District, the RM (Medium Density Residential) zoning Planning & Zoning Board Memorandum Staff Report LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District Page 3 district must be modified to allow as a conditional use a development to increase density above 12 units per acre up to 24 units per acre. The amendment modifies certain development standards so that 24 units per acre can be accommodated. Current RM zone district development standards are more suburban than urban in character, which could not accommodate the increases in density to accommodate the desired type of workforce housing. Thus, the amendment proposes reducing the current setback requirements as follows: · The front and side street setbacks will be reduced from 25' (1 & 2 story) and 30' (3 story) to 15'; · Reduces the side interior setback from 15' (1 & 2 story to 10' and from 30' (3 story) to 15'; · Reduces the rear setback will be reduced from 25' to 10'. In addition, the proposed amendment provides a definition of "porch" and will allow front porches to encroach 5' into the front or side street setback. The amendment includes a provision that requires a 20' setback for a garage, carport or porte-cochere when the entrance faces a street or alley. This is to ensure there is adequate room for guest/residents to park in the driveways, without vehicles encroaching into the right-of-way. Parking in the front yard is discouraged unless there is no dedicated access to the side or rear of the property. Also, when parking is provided in the rear on-street parking must be provided. Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. A review of the goals, objectives and policies of the City's Comprehensive Plan were conducted and the proposed amendment furthers the following policy as well as the adopted Southwest Area Neighborhood Redevelopment Plan. Future Land Use Element Policy C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic A venue on the north, SW 1 dh Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint Planning & Zoning Board Memorandum Staff Report LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District Page 4 for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. REVIEW BY OTHERS Community Redevelopment Agency At its meeting of January 13, 2005, the CRA Board reviewed and recommended approval of the proposed text LDR amendment. West Atlantic Redevelopment Coalition: At its meeting of January 12, 2005, the WARC Board reviewed the proposed LDR text amendment. The consensus of the Board was to support the LDR amendment. Courtesy Notices: Courtesy Notices were provided to the following Civic Associations: . PROD (Progressive Residents of Delray . President's Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Move to recommend to the City Commission approval of the attached amendment to the Land Development Regulations Appendix "A", Section 4.3.4(K) (Development Standards Matrix) and Section 4.4.6 RM (Medium Density Residential) zoning district regulations by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. 3. Move to recommend to the City Commission denial of the attached amendment to the Land Development Regulations Appendix "A", Section 4.3.4(K) (Development Standards Matrix) and Section 4.4.6 RM (Medium Density Residential) zoning district regulations by adopting the findings of Planning & Zoning Board Memorandum Staff Report LOR Amendment - RM regulations regarding Southwest Neighborhood Overlay District Page 5 fact and law contained in the staff report and finding that the request is in consistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION Move to recommend to the City Commission approval of the attached amendment to the Land Development Regulations Appendix "A", Section 4.3.4(K) (Development Standards Matrix) and Section 4.4.6 RM (Medium Density Residential) zoning district regulations by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: Proposed Ordinance ORDINANCE NO. 7-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE ORDINANCES, BY AMENDING SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX"; SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" AND APPENDIX "A", "DEFINITIONS", IN ORDER TO IMPLEMENT PROVISIONS OF THE SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN REGARDING DENSITY AND USES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on January 24, 2005, and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.4, "Base District Development Standards", Subsection 4.3.4.(K), "Development Standards Matrix", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: tn .... (J æ .... tn ë C) z Z o N cl ¡:: Z W C (j) W 0:: I- Z w ffi ffi :. ~ ~ ~ ~ Œ: Œ: ~ ~ ~ It) N ~ ~"':' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o£. jjj :z: 0 Œ: g ~ 0 X ~ W ~ w 5 ~ II) ~ co Œ: N Œ: æ ¡¡: ~ Z M Z ~ ;'h z ~ ::i: w 11. Œ: ::) ~ ::) ::) æ w ::i: C/) C/) ::) ::) z ~ ¡ It) ~ ~ ~ ~ It) ~ ~ It) ~ It) ~ It) It) ~ ~ It) N N N N It) N N Œ: - N 3 ~ êJ It) ~ æ 5 "':' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ It) ü5 ~ ... £. CD ,... ,... ~ ,... ò ,... ~ 3E ~ I- ~ W ~ w 5 "':' It) ~ ~ ~ ~ 0 ~ ~ It) It) It) ~ ~ ~ ~ It) II) ü5 ~ ... £. N N N N N N II) N I- êJ ~ ~5- It) It) It) ~ It) It) It) It) It) It) ~ It) 0 It) It) Œ: £. .., .., .., N N N N N N N N N 11. ... N N :. ZW~I- ::I š! 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That Section 4.4.6, "Medium Density Residential District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4.4.6 Medium Densitv Residential (RM) District: (A) Purpose and Intent: The Medium Density Residential (RM) District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre, except within the Southwest Neiahborhood Overlav District where the maximum density is twenty-four (24) units per acre. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Within the Southwest Neiahborhood Overlav District. the Southwest 10th Street Overlav District. and the Carver Estates Overlav district. the actual density is also based upon the development's abilitv to complv with Article 4.7 (FamilvlWorkforce Housina). Further, the Medium Density Residential District provides for implementation of those objectives and policies contained within the Housing Element of the Comprehensive Plan which call for accommodating a variety of housing types. (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RM) District as a permitted use: (1 ) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structures. (4) An abused spouse residence with twelve (12) or fewer residents. (5) Group Homes, Types 1 and 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (7) Pocket parks. (8) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (HH). (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, swimming pools, and home occupations. (2) Family day care pursuant to restrictions set forth in Section 4.3.3(T) (Child care, up to five children). (3) Home tutorial services subject to the restrictions set forth in Section 4.3.3.(KK). (4) Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (5) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis (6) structure. Guest cottages, only when accessory to a single family detached (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District. (1) Adult congregate living facilities and continuing care facilities. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (3) Child care and adult day care. (4) Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH). (5) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. (6) homes. Convalescent homes, homes for the aged, nursing homes, and rest (7) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (8) Single family detached residences in zero lot developments. (9) Yacht club with facilities. (10) Dock master facilities when associated with a multi-family development which has a marina. (11) Private beach clubs with attendant recreational, dining, and related accessory facilities within the area lying south of Atlantic Dunes Park and east of State Road A1A. (12) Multiple family residential development may exceed twelve (12) units per acre. UP to a maximum of UP to twenty-four (24) units per acre within the Southwest Neiahborhood Overlay District defined in Section 4.5.9. subiect to the provisions of Section 4.4.6(1). Article 4.7. and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neiahborhood Redevelopment Plan. (E) Review and Approval Process: (1) Single family and duplex uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and which otherwise comply with applicable use restrictions. (2) Multiple family uses and structures must be approved by the Site Plan Review and Appearance Board pursuant to the provisions of Section 2.4.5(F), 2.4.5(H), and (I). (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.5(J) or (K), as applicable. (4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (F) Development Standards: (1 ) The provisions for the R-1-A District shall apply for single family detached dwellings. (2) The development standards as set forth in Section 4.3.4 shall apply for duplex and multi-family development. except as modified herein. (3) Southwest Neiahborhood Overlav District Development Standards: The followina development standards apply in the Southwest Neiahborhood Overlay District as defined in Section 4.5.9: (a) Setbacks: (D Front: 15' (iD Side (street): 15' Wi) Side (Interior): 1 and 2 stOry - 10' 3 stOry - 15' (iv) Rear: 10' (b) Setbacks for Garaaes, Carports and Porte-Cocheres: Garaaes. carports and porte-cocheres must have a minimum 20' setback when the entrance faces a public street or alley. (c) Porch Encroachments: Front porches may extend 5' into the front or side street setback and cannot OCCUpy more than 50% of the buildina frontaae and cannot be enclosed in any manner. (G) Supplemental District Reaulations: In addition to +the supplemental district regulations--as set forth in Article 4.6. the followina supplemental district reaulations shall apply in the RM zone district. (1) Southwest Neiahborhood Overlav District: The followina supplemental district reaulations shall apply in the Southwest Neiahborhood Overlay District as defined in Section 4.5.9: (a) Parkina in the front yard is discouraaed. No parkina shall be allowed in the front yard unless there is no dedicated access to the side or rear of the property. (b) When aaraaes are provided in the side or rear yards. on-street parkina must be Drovided. (H) Special Reaulations: (1) A minimum density of six units per acre is established for duplex and multiple family housing projects within this district. Density may exceed the base of six (6) units per acre only after the approving body makes a finding that the project has substantially complied with performance standards as listed in 4.4.6(1). In no event shall a development's total density exceed 12 units per acre. except within the Southwest Neiahborhood Overlay District. The density for a specific RM development may be further limited by a numerical suffix affixed to the designation and shown on the zoning map (i.e. RM-8 limits the density to eight units per acre). To seek a density greater than allowed by the suffix, it is necessary to rezone the property. (2) Notwithstanding the above, a duplex may be situated upon a platted lot pursuant to Section 4.3.4(1)(3)(b) (3) Recreational areas shall be required for all new rental apartment developments, and of owner occupied developments which have homeowner associations that must care for retention areas, private streets, or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. Projects having fewer than twenty-five (25) units may be exempted from this standard where it is determined by the approving body that it is not practical or feasible to comply. (4) The height of accessory structures shall not exceed the height of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. (5) The floor area of an accessory structure shall not exceed 40% of the floor area of the principal structure. (6) Density Bonuses. Density bonuses may be granted as a Conditional Yse--to eligible properties governed by regulations set forth in Chapter 4, "Zoning Regulations", "FamilylWorkforce Housing" as discussed below: (a) Southwest Neiahborhood Overlay District: Density bonuses above 12 units per acre may be aranted as a Conditional Use to eliaible properties within the Southwest Neiahborhood Overlay District defined in Section 4.5.9. subject to the reaulations set forth in Chapter 4. "Zonina Reaulations". "Family/Workforce Housina". (b) S.W. 10th Street and Carver Estates Overlay Districts: Within the S.W. 10th Street and Carver Estates Overlay District defined in Section 4.5.10 and 4.5.11. in addition to the performance standards listed in Section 4.4.6(1). increases to a project's density beyond six (6) units per acre is subject to the reaulations set forth in Chapter 4. "Zonina Reaulations". "Family/Workforce Housina". (I) Periormance Standards: (1) These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exists into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 250/0 of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 250/0_or more; and a hedge, wall or fence is provided as a visual buffer between the properties. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. (2) It is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. (3) For vacant property that is proposed for rezoning to RM with a density suffix, the approving body must made a finding that the proposed density is appropriate based upon the future land use map designations of surrounding property as well as the prevailing development pattern of the surrounding area. Section 4. That Appendix "A", "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: ADDendlx A - Definitions Porch -A covered but unenclosed Droiection from the main wall of a buildina that may or may not use columns or other around SUDDorts for structural DurDoses. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_. MAYOR ATTEST: City Clerk First Reading Second Reading CITY COMMISSION DOCUMENTATION oA tlM I TO: THRU: FROM: SUBJECT: DAVW~~~ N MANAGER PAUrðÕRLrNG, DIR 'OR OF PLANNING AND ZONING ~ JEFFREY A. COST 0, ASSISTANT PLANNING DIRECTOR () MEETING OF FEBRUARY 15,2005 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE lAND DEVELOPMENT REGULATIONS SECTION 4.4.5 Rl (lOW DENSITY RESIDENTIAL) ENACTING PERFORMANCE STANDARDS TO MITIGATE THE IMPACTS OF ADDITIONAL DENSITY FROM A BASE DENSITY OF 3 UNITS PER ACRE TO A MAXIMUM OF 6 UNITS PER ACRE. ~ BACKGROUND The current development standards for the RL (Low Density Residential) zoning district provide for a range in densities from a minimum of three (3) units per acre to a maximum of six (6) units per acre. To exceed the base density for duplex and multiple family housing projects, a determination by the Local Planning Agency (Planning and Zoning Board) that the resulting development is harmonious with adjacent properties and does not adversely affect areas of environmental significance or sensitivity is currently required. This language is vague and somewhat arbitrary, and can create difficulties in its implementation. The RL district also states that multiple family uses and structures must be approved by the Site Plan and Appearance Board, which conflicts with the requirement stated above, as it relates to the review process. The proposed amendment would create a set of 7 performance standards that must be met in order to increase density beyond the minimum, which is intended to lessen the impact of the additional density. In addition, the standard for recreational amenities has been amended to require that facilities be provided for children of all ages. Positive findings can be made with respect to LDR Section 2.4.5(M)(5), as the proposed text amendment will further the Goals, Objectives, and Policies of the Comprehensive Plan. Additional background and a detailed analysis of the text amendment are provided in the attached Planning and Zoning Board staff report. REVIEW BY OTHERS Plannina and Zonina Board: The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 24, 2005. There was no public testimony regarding the proposal. The Board voted 5-0 (Kincaide absent), to recommend to the City Commission approval of the proposed amendment by adopting the findings of fact and law contained in the staff report. Community Redeveloøment Aaencv: At its meeting of January 27, 2005, the CRA Board reviewed and recommended approval of the proposed text amendment. Historic Preservation Board: At its meeting of February 2, 2005, the Historic Preservation Board reviewed and recommended approval of the proposed text amendment. RECOMMENDED ACTION Move to approve the amendment to the Land Development Regulations Section 4.4.5 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on March 1, 2005. Attachment: Planning & Zoning Board Staff Report of January 24, 2005 \()ß DURAY lEACH ~~~'';~ ;¡¡re t<J9J 2001 P.L:~NNING AND ZONING BOARD MEMÖRANDUM STAFF REPORT DElIIAY lEACH ~4i.''';~ .......CIIr 'Im! 1<j<JJ 1001 MEETING OF: JANUARY 24, 2005 AGENDA ITEM: IV.F. - CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.5 RL (LOW DENSITY RESIDENTIAL) ENACTING PERFORMANCE STANDARDS AND PROVIDING FOR RECREATIONAL AREAS FOR MULTI-FAMILY DEVELOPMENTS TO MITIGATE THE IMPACTS OF ADDITIONAL DENSITY FROM A BASE DENSITY OF 3 UNITS PER ACRE TO A MAXIMUM OF 6 UNITS PER ACRE. ( ....... ..~ .... -. .. ... . t. " II' . -_!.....:.._!:: -...-.. .-. - . - .. . . . ITEM B~F·ORE-T.U~ BOÄRD" ....- ~~. -. -~- ..--- '~~."- _...-~~-~~] - . - . - ..-.. The item before the Board is that of making a recommendation to the City Commission regarding City-initiated amendment to LOR Section 4.4.5 regarding the RL (Low Density Residential) regulations, pursuant to LOR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. (. -~"~"... . . -¡ ;: -"-- -----------=-----..---.- BACKGROUND AND ANAL y'SIS .------.. .. - -----.. .- - - ----- ------- ----. -- _____.____._~_ .1 The current development standards for the RL (Low Density Residential) zoning district provide for a range in densities from a minimum of three (3) units per acre to a maximum of six (6) units per acre. To exceed the base density for duplex and multiple family housing projects, a determination by the Local Planning Agency (Planning and Zoning Board) that the resulting development is harmonious with adjacent properties and does not adversely affect areas of environmental significance or sensitivity is currently required. This language is vague and somewhat arbitrary, and can create difficulties in its implementation. The RL district also states that multiple family uses and structures must be approved by the Site Plan and Appearance Board, which conflicts with the requirement stated above, as it relates to the review process. It is noted, per LOR Section 2.4.6(H), in historic districts or designated historic site, the approving body will be the Historic Preservation Board. The proposed amendment would create a set of performance standards that must be met in order to increase density beyond the minimum. The standards are intended to lessen the impact of the additional density by requiring measures to control traffic speeds and volume, reduce the overall mass of the structures through better design, and ensure compatibility with adjacent development through increased setbacks and buffers, when a development is immediately adjacent to a residential zoning district having a lower density. In addition, the standard for recreational amenities has been amended to require that facilities be provided for children of all ages. IV.F. Planning & Zoning Board Memorandum Staff Report LDR Amendment - RL Zoning District Performance Standards Page 2 The standards will be applicable to all future projects subject to the RL zoning standards, ",,- and to existing projects that are proposing to add new units. Smaller infill type projects J may be exempted from some of the standards, but should comply with those that are feasible to implement. The performance standards provide for a more objective means of determining the appropriate density of a project. This LOR amendment is similar to the amendment approved by the City Commission in 1998, where- performance standards for the RM (Medium Density Residential) zoning district were adopted. The RM zoning district provides for a range in densities from a minimum of six (6) units per acre to a maximum of twelve (12) units per acre. In order to exceed the base density I a finding must be made by the approving body (in most cases, the Site Plan Review and Appearance Board), that the development proposal substantially complies with the performance standards. . - . Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The proposed ordinánce provides clarification and an objective means to determine the density and compatibility of development with the surrounding properties. A review of the goals, objectives and policies of the City's Comprehensive Plan were conducted and the following goal, objective and policy support the proposed text amendment: FUTURE LAND USE ELEMENT: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINA TEL Y RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. ) Obiective A-1 Property shall be developed or redeveloped, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations; is complementary to adjacent land uses; and fulfills remaining land use needs. HOUSING ELEMENT: Policv 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 shalf be modified accordingly or denied. --) Planning & Zoning Board Memorandum Staff Report LOR Amendment - RL Zoning District Performance Standards Page 3 L __ __-~_ _____ ___ ___._. . ____ .__ _ ___ -_ REVíì:W ·BY OTHERS .. ..-..--------" ---..... .----- ..-.. ----- -.-....--- --_.~ Historic Preservation Board: The HPB will review the text amendment at their meting of February 2, 2005. Their recommendation will be provided to the City Commission. Community Redevelopment Agency The CRA Board will review this item at their January 27th meeting. The Board's recommendation will provided at the City Commission meeting. Courtesy Notices: Courtesy Notices were provided to the following Civic Associations: . PROD (Progressive Residents of Delray . President's Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. L_ _ . __ .__ ... _.:__.. __. _ . .._______ _....:.~~ T§~N~!~-,/E A~1jb~~_ _--__I 1. Continue with direction. 2. Move to recommend to the City Commission approval of the attached amendment to the Land Development Regulations (LDRs) Section 4.4.5, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. 3. Move to recommend to the City Commission denial of the attached amendment to the Land Development Regulations (LDRs) Section 4.4.5, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. -----.-.--- I .. . .-- .~._'; ..". ~. . RECOMMENDATION - ..---.-.------------- ------.----. .... ------.--- By motion, recommend to the City Commission approval of the attached amendment to LOR Section 4.4.5 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: Proposed LOR Amendment Map showing RL zoned properties Planning & Zoning Board Memorandum Staff Report LDR Amendment - RL Zoning District Performance Standards Page 4 ORDINANCE NO.to-05 ) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTION 4.4.5(A), "PURPOSE AND INTENT", TO CLARIFY THE APPLICABLE COMPREHENSIVE PLAN SECTION; AMENDING SUBSECTION 4.4.5(H), "SPECIAL REGULATIONS", PROVIDING A MEANS TO INCREASE DENSITY IN THE RL DISTRICT AND TO PROVIDE FOR RECREATIONAL AREAS FOR MULTI-FAMILY DEVELOPMENTS; ENACTING SUBSECTION 4.4.5(1), "PERFORMANCE STANDARDS", TO MITIGATE THE IMP ACTS OF ADDITIONAL DENSITY BOTH INTERNAL AND EXTERNAL TO THE SITE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on January 24 and voted _ to _ to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.317 4( 4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has detennined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and ~) WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.5, "Low Density Residential (RL) District", Subsection 4.4.5(A), "Purpose and Intent", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (A) Purpose and Intent: The Low Density Residential (RL) District provides a residential zoning district with flexible densities having a base of three (3) units per acre and a range to six (6) units per acre. Further, the Low Density Residential District provides for ) implementation of provisions of Housing Element Goal Area "GB" of the Comprehensive Plan Planning & Zoning Board Memorandum Staff Report LOR Amendment - RL Zoning District Performance Standards Page 5 and, more specifically, Policy GB-2.1 which calls for providing sites for single family detached and low density planned residential development. Section 3. That Section 4.4.5, "Low Density Residential (RL) District", Subsection 4.4.5(H), "Special Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (H) Special Re!!Ulations: (1 ) ¿^~ minimum density of three units per aere is established f-or duplex and multiple family housing projects ".vithin this District. Density may Ø1eceed the base of three (3) units per acre only upon a determination by the Local Planning .t^~gency that the resulting development is harmonious ".vith adjacent properties and does not adversely aff-ect areas of enyiromnental significance or sensitiyity. Ho......;ever, the maximum density shall not exceed six (6) units per aere. (1) A minimum density of three units per acre is established for duplex and multiple family housing projects within this district. Density may exceed the base of three (3) units per acre only after the approving body makes a finding that the project has substantially complied with performance standards as listed in 4.4.5(1). In no event shall a development's total density exceed six (6) units per acre. The density for a specific RL development may be further limited by a numerical suffix affixed to the designation and shown on the zoning map (i.e. RL-5 limits the density to five units per acre). To seek a density greater than allowed by the suffix~ it is necessary to rezone the property. (2) Notwithstanding the above, a duplex may be situated upon a platted lot pursuant to Section 4.3.4(I)(3)(b). (3) The height of accessory structures shall not exceed the height of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. (4) The floor area of an accessory structure shall not exceed 40% of the floor area of the principal structure. (5) Recreational areas shall be required for all new rental apartment developments~ and of owner occupied developments which have homeowner associations that must care for retention areas. private streets~ or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers: features such as a basketball court~ volleyball court and open playfields are appropriate for older children. A pool and clubhouse~ unless specifically designed for children~ is not considered to meet this requirement. Projects having fewer than twenty-five (25) units may be exempted from this standard where it is determined by the approving body that it is not practical or feasible to comply. Section 4. That Section 4.4.5, "Low Density Residential (RL) District", Subsection 4.4.5(1), "Performance Standards", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: Planning & Zoning Board Memorandum Staff Report LOR Amendment - RL Zoning District Peñormance Standards Page 6 (I) Pedormance Standards: '\ t I (1) These standards shall apply to all site plans approved subsequent to March 1. 2005. and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond three (3) units per acre~ the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example~ if a project meets or exceeds all of the standards~ and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations. the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments~ multiple entrances and exists into the development; and similar measures that are intended to minimize through traffic and keep sµeeds within the development at or below 20 m.p.h. (b) Buildings are placed throughout the development in a manner that reduces the ) overall massing~ and provides a feeling of open space. (c) Where immediately adjacent to residential zoning districts having a lower density. building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge~ wall or fence is provided as a visual buffer between the properties. (d) The development offers a varied streetscape and building design. For example~ setbacks are staggered and offset~ with varying roof heights (for multi-family buildings~ the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies~ arches. porches~ courtyards; and design elements such as shutters~ window mullions~ Quoins~ decorative tiles~ etc. ( e) A number of different unit types~ sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one.. two and three ) bedroom units with varying floor plans. Single family housing (attached and __ Planning & Zoning Board Memorandum Staff Report LDR Amendment - RL Zoning District Performance Standards Page 7 detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. (0 The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist.. new areas which provide open space and native habitat are created and incorporated into the project. (g) The project provides a convenient and extensive bicycle/pedestrian network. and access to available transit. (2) It is acknowledged that some of the above referenced standards may not be entirely applicable to smalL infill type residential projects. For those types of projects.. the ultimate density should be based upon the attainment of those standards which are applicable.. as well as the development's ability to meet or exceed other minimum code reQuireme~ts. (3) F or vacant property that is proposed for rezoning to RL with a density suffix. the approving body must made a finding that the proposed density is appropriate based upon the future land use map designations of surrounding property as well as the prevailing development pattern of the surrounding area Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the vaiidity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_. ATTEST MAYOR City Clerk First Reading Second Reading MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CITY MANAGER p;J(). AGENDA ITEM # \O~ - REGULAR MEETING FEBRUARY 15.. 2005 ORDINANCE NO.8-OS (AMENDING CHAPTER 96.. "FIRE SAFETY AND EMERGENCY SERVICES") TO: SUBJECT: DATE: FEBRUARY 11, 2005 This ordinance is before Commission for second reading and public hearing to amend Chapter 96 "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", by enacting a new Subsection 96.16(B)(6), to clarify that prior verification of flte alarms is prohibited. At the first reading on February 1,2005, the City Commission passed Ordinance No. 8-05. Recommend approval of Ordinance No. 8-05 on second and final reading. S:\City Clerk\agenda memos.Ord 8-05 Fire Alann Prohibiting VerfiC1ation..02.15.05 ~ [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 2()() NW I q AVE!\TE· DELRAY BEACH. FLORIDA 33444 TLLEPHO'\;E 56 ]í24~-7()l)()· FACSI\'1ILE 5(Í 1/27R-4755 , , III! DATE: 1993 TO: 2001 DElRA Y BEACH tI.e.d All-America City Writer's Direct Line: 561/243-7091 MEMORANDUM January 19, 2005 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Fire Code Ordinance Recently our alarm code ordinance was amended to provide verification of police alarms only. Chief Koen and Chief Adams asked that we also amend the fire code section of the ordinances to expressly state that fire alarms shall not be verified. Please place this ordinance on the next City Commission agenda. ~ SAR:ci Attachment Cc: Chief Kerry Koen, Delray Beach Fire Department Assistant Fire Chief Bill Adams, Delray Beach Fire Department ,* ORDINANCE NO. 8-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY ENACTING A NEW SUBSECTION 96.16(B)(6), TO CLARIFY THAT PRIOR VERIFICATION OF FIRE ALARMS IS PROHIBITED; PROVIDING, A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Fire Department desires to amend the fire code to clarify and expressly state that the recent amendment to Chapter 101, "Fire Alarms" of the Code of Ordinances precludes verification of fire alarms, especially in light of certain permissive language in NFPA code sections in Section 7 - 7.1 .1 ; and, WHEREAS, in furtherance of public safety, it is imperative that the additional language amending the NFPA shall expressly provide that pre-verification of fire alarms is prohibited. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", subsection (B), is amended by enacting a new sub- section 96.16(B)(6) to read as follows: (6) Section 7-7.1.1 is amended to include the followina lanauaae: Remote monitorina locations shall not be permitted to verify fire alarm sianals prior to reportina them to the Fire- Rescue department. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. ATTEST: PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2005. City Clerk MAYOR First Reading Second Reading 2 ORD NO. 8-05 CITY COMMISSION DOCUMENTATION Of( 11 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR OF COMMUNITY IMPROVEMENT Lf6 JANET MEEKS, EDUCATION COORDINATOR MEETING OF FEBRUARY 15, 2005 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 6.3.3 SIDEWALK CAFES BACKGROUND The initial ordinance establishing Sidewalk Cafés was adopted by the City Commission in 1990 as part of the City's Land Development Regulations (LOR's). The ordinance was designed to permit and encourage the use of both public and private sidewalks located within the Central Business District for outside dining. Most of the cafes have been established along the East Atlantic Avenue corridor. Downtown Delray has become very successful with an exciting and diverse mix of high-end restaurants growing from just a few sidewalk cafes in the early 1990's to 145 in January 2005. With the renaissance and growth of downtown Delray Beach, the need to manage this amenity, while protecting the charm and pedestrian-friendly atmosphere of the downtown, has become increasingly more challenging. The Clean and Safe Committee recommended that the Sidewalk Café Ordinance be revised with applicable sections changed to strengthen requirements to mitigate the issues and concerns identified in their studies of the downtown area. Additional background and a detailed analysis of the text amendment are provided in the attached Planning and Zoning Board staff report. REVIEW BY OTHERS Plannina and Zonina Board: The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 24, 2005. Several members of the public spoke on this issue. Most were supportive of the changes, but asked for clarification of what the language meant. The Board voted 5-0, (Kincaide absent), to recommend that the City Commission approve the proposed amendment by adopting the findings of fact and law contained in the staff report. RECOMMENDED ACTION Move to approve the amendment to the Land Development Regulations, Section 6.3.3 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on March 1, 2005. Attachment: Planning & Zoning Board Staff Report of January 24, 2005 \êXA DHRAY BEACH ~~...,.;.. ;¡¡¡r 1 'J<J 2001 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT DELRAY BEACH ~ AJ.AnlricaCity 'IIW 1<J<J'j 20UI MEETING DATE: JANUARY 24, 2005 AGENDA ITEM: IV.B. - CITY-INITIATED LDR AMENDMENT TO SECTION 6.3.3 SIDEWALK CAFES. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations Section 6.3.3 Sidewalk Cafes, pursuant to LDR Section 2.4.5(M)(5). Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND I The initial ordinance establishing Sidewalk Cafés was adopted by City Commission in 1990 as part of the City's Land Development Regulations (LDR's). The ordinance was designed to permit and encourage the use of both public and private sidewalks located within the Central Business District for outside dining. Most of the cafes have been established along the East Atlantic Avenue corridor. Downtown Delray has become very successful with an exciting and diverse mix of high-end restaurants growing from just a few sidewalk cafes in the early 1990's to 145 in January 2005. With the renaissance and growth of downtown Delray Beach, the need to manage this amenity while protecting the charm and pedestrian-friendly atmosphere of the downtown has become increasing more challenging. The Clean & Safe Committee established by the Downtown Development Authority (DDA), was organized to address the cleanliness, maintenance standards and overall appearance of the area. The Committee consisted of business and property owners, and City staff from various departments, who met over the past 12 months and identified a number of concerns and undesirable conditions. Some of the major issues were related to sidewalk cafés as follows: · The surface of most of the sidewalks were dirty. The frequency of pressure cleaning was inadequate for the amount of traffic and services being provided. · Restaurant owners were routinely in violation of their liquor license requirements. · Encroachment of tables and chairs into the required 5' pedestrian pathway had become routine. · Sidewalk cafés were being established without City approval. · Expansion of café service areas beyond the approved boundaries was widespread. IV.B Planning and Zoning Board Staff Report LDR Amendment -Sidewalk Cafe Ordinance Page 2 · The public consumption and sale of alcoholic beverages in particular along the East Atlantic Avenue corridor was a growing concern Sidewalk Cafés are a highly desired amenity which have been a tremendous draw for customers into the downtown and an important revitalization tool. While there continues to be strong support to encourage outside dining within the CBD, the Committee recommended that the Sidewalk Café Ordinance be revised with applicable sections changed to strengthen requirements to mitigate the issues and concerns identified. The proposed changes were reviewed at staff level and the Clean & Safe committee. After some modifications five (5) local restaurant owners with sidewalk cafés were invited to a meeting at City Hall where the proposed changes were presented. The business owners were supportive of the changes and felt that they were reasonable and fair. However, they weren't sure if the fee should be based on the number of seats, tables or by square footage of the café area. Staff agreed to do some additional research and consideration of the most appropriate method of assessing the permit and annual renewal fee which is discussed below under the Analysis. ~ ANAL YSIS ~ Fees: Currently the code requires a flat permit fee of $50 which is renewable each year for any size sidewalk café. Our research found that most Cities required additional parking for outdoor dining areas and a fee assessed on either a per seat or square foot basis for cafés established on the public right-of-way. Staff felt that it was too difficult to charge on a per seat or table basis as restaurants frequently change the seating arrangements based on the number of people being seated (2, 4 or 6 tops); that the number of tables may be increased during a special event or decreased during the summer months when business is slower. It was determined that the most equitable method of assessing the new fee is by square footage. The square footage for this purpose is inclusive of both the public and private sidewalk areas since the City does not require additional parking for the expanded service area. Staff is therefore recommending a $3 per square foot fee be assessed for each area applied for use as a sidewalk café, minus the 5' clear pedestrian path. The fee would be renewable each year. For example, a small ice cream shop with 100 square feet of sidewalk café area (accommodates 1-2 tables) assessed at $3 per square foot would be charged a permit fee of $300. A large restaurant with 560 square feet (which may accommodate up to 15 tables) would be charged a permit fee of $1,680. Planning and Zoning Board Staff Report LDR Amendment -Sidewalk Cafe Ordinance Page 3 Reaulations: Pedestrian Path and Barriers - New language is provided to clarify that the 5' pedestrian path must be clear of obstacles at all times and maintained parallel to the street. A sidewalk café shall not directly abut the on-street parking, if possible to avoid safety issues and conflicts between vehicles and tables. In addition, sidewalk cafés must be segregated from the pedestrian pathway with a barrier or demarcation of owner's choice. This would help to ensure that the 5' pathway is kept clear and the tables and chairs are being maintained within the approved area of the sidewalk café. Also a "No Table Zone" has been established at intersections to provide adequate space for pedestrians and access to the handicap ramps at the intersection. Signs - Menu board signs will be allowed as part of the sidewalk café permit that does not require additional approval from the Site Plan Review and Appearance Board or the Historic Preservation Board as applicable. These signs must be placed immediately in front of the business and within the permitted sidewalk café area. Portable signs shall be prohibited except as allowed under Grand Opening Portable Signs [LDR Section 4.6.7(E)(3)(d)]. Cleanliness - Language has been added to require the permittee to be responsible to clean the sidewalk surface at least once a week or more frequently if needed. Liability - A section has been added which provides for penalties and violations. The permittee will receive three warnings in which fines will be assessed. However, after the third violation notice, the sidewalk café permit will be terminated and cannot be renewed for six months. This is a very stiff penalty and should help with enforcement issues. REQUIRED FINDINGS LDR Section 2.4.5(M)(5). Amendment to the Land Development Reaulations, FindinQs: In addition to the provisions of Section 1.1.6{A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. Future Land Use Element Objective C-4: The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of '~ City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective. Future Land Use Element Policv C-4.1: The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: Planning and Zoning Board Staff Report LDR Amendment -Sidewalk Cafe Ordinance Page 4 o deletion of inappropriate uses o Incentives for locating retail on the ground floor with office and residential use on upper floors o Accommodating parking needs through innovative actions o Incentives for dinner theaters, playhouses, and other family oriented activities o Allowing and facilitating outdoor cafes o Incentives for mixed use development and rehabilitations o Elimination of side yard setback requirements o Allow structural overhang encroachments into required yard areas The proposed changes to the Ordinance helps to better facilitate and manage sidewalk cafes that is an amenity that continues to help with the revitalization of the CBD and therefore furthers the Goals, Objectives, and Policies of the Comprehensive Plan in accordance with LDR Section 2.4.5(M)(5). REVIEW BY OTHERS ~ Downtown Development Authority (DDA): The proposed amendment was reviewed by the DDA at its January 10, 2005 meeting. The DDA recommended approval of the proposed changes but requested that the Ordinance be revised to clarify how the 5' pedestrian pathway was to be measured and if tables could be placed adjacent to a travel lane. West Atlantic Redevelopment Coalition (WARC): The proposed amendment was reviewed by W ARC on January 12, 2005 and recommended approval of the amendment with a recommendation that new businesses be exempt from paying the permit fee for one year to allow the businesses time to get established. Community Redevelopment Agency (CRA): The proposed amendment was reviewed by the CRA on January 13, 2005 and recommended approval of the amendment and did not support WARC's recommendation. However, if WARC's recommendation is considered, that it only applies to the West Atlantic Avenue corridor. Community Input Meeting: Staff held a community input meeting regarding the amendment on January 19, 2005. The meeting was attended by a five business owners, and two residents. While they were not opposed to the pressure cleaning requirement, they noted it is a big expense for a smaller operator. The residents voiced concerns with allowing tables to be placed along the curb adjacent to parked cars based on safety Planning and Zoning Board Staff Report LDR Amendment -Sidewalk Cafe Ordinance Page 5 issues. The business owners requested that the size of the menu board on a free standing easel be changed to allow a sign face of 2' x 3' as this was a standard size in the industry. No one voiced concerns with the proposed new permit fee The attached Ordinance was revised to address the OOA concerns to clarify the language regarding the 5' pathway and where the tables and chairs are to be placed. The size of the menu board was changed to the larger size to accommodate the wishes of the business owners. In addition, the date for the provisions of this section to be effective was changed from April 1 st to July 1, 2005 to allow more time for the existing owners to comply. ALTERNATIVE ACTION I 1. Continue with direction. 2. Recommend to the City Commission approval of the proposed text amendment to LOR Section 6.3.3 Sidewalk Café by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LOR Section 2.4.5 (M) (5). 3. Recommend to the City Commission denial of the proposed text amendment to LOR Section 6.3.3 Sidewalk Café by adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LOR Section 2.4.5 (M) (5). RECOMMENDED ACTION II Recommend to the City Commission approval of the proposed amendment to LOR Section 6.3.3 Sidewalk Cafe by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LOR Section 2.4.5 (M) (5). Attachments . Proposed Ordinance ORDINANCE NO. 5 -05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 6.3.3, "SIDEWALK CAFÉ", TO PROVIDE FOR A PERMIT WITH AN APPLICATION FEE AND A FEE PER SQUARE FOOTAGE OF SIDEWALK CAFÉ SPACE, RENEWALS, APPLlCABLILITY, REQUIRED INFORMATION, PROCESSING, GEOGRAPHIC LIMITATION, REGULATIONS REGARDING USE, DESIGN AND MAINTENANCE, LIABILITY AND INSURANCE; PENALTIES; DENIAL, REVOCATION AND SUSPENSION OF PERMIT, JURISDICTION OF CODE ENFORCEMENT BOARD, AND APPEALS, PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City has permitted sidewalk cafes to be located in certain areas of the City; and, WHEREAS, the City desires to modify the Land Development Regulations governing sidewalk café ordinances in order to provide for the public health, safety, and welfare of the residents of the City and its visitors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 6.3, "Use and Work in the Public Right-of-Way", is hereby amended by amending Section 6.3.3, "Sidewalk Café" as follows: Section 6.3.3 Sidewalk Cafe: A sidewalk cafe is a group of tables aM with chairs aAå permitted docor3tivo 3nd 3CCOSSOry dovicos associated articles approved by the City situated and maintained upon the sidewalk and used for the consumption of food and beverages sold to the public from an adjoining business. Sidewalk cafes are allowed only when in compliance with this Section. (A) Permit and Fees Required: It shall be unlawful for any person to establish a sidewalk cafe at any site unless a valid permit to operate a sidewalk cafe has been obtained for that site, from the City pursuant to this Section. The permit shall be requested issued on a form '.'thich Sh311 bo provided by the City of Delray Beach. Engineer upon roquost. No permit shall be issued until all the requirements of tHe this Section have been met. Permits shall not be transferable. 1. Each permit shall be effective for one year, from January 1st until December 30th. Any permit application received after JulX 1st will pay one-half of the cost of the permit fee and the permit shall expire December 30 h of the same year. 2. The sidewalk café application fee is one hundred dollars ($100.00). The permit fee is $3.00 per square foot of approved sidewalk café space. 3. Renewals of a Sidewalk café permit and payment of fees must be submitted and approved on or before October 1st of each year. (8) Applicabilitv: The provisions of this section shall apply to all existing and proposed sidewalk cafes effective July 1, 2005. loc3ted 'Nithin 3 stroot right of v/ay. HO\4Jovor, side'N3lk cafes 'Nhich axist 3S of July 1, 1998, sh311 h3'1e 90 d3Ys to comply '}lith the pro\'isions of this section, including tho roquiremant to obt3in 3 pormit. (C) Reauired Information: In addition to the required permit application and permit fee, the following must be provided at the time the application is submitted or renewed: (1) A copy of a valid occupational license; and description of use. (2) A sketch plan of the area between the store front and vehicular travel surface, drawn to a minimum scale of 1" = 1 0' which shows: (a) The sidewalk café area includinq square footaae and dimensions: Wßù The store front and all openings (doors, windows); {91í£l The location of curb, sidewalk, and any utility poles, fire hydrants, landscaping, or other items, within the right-of-way and private property, between the curb and the store front includinq dimensions; ~@ The location of any of the above items which are within six feet (6') of the ends of the proposed use area; and the location of parking spaces (or use of the street) adjacent to the proposed use area; ~Í!Ù Clear delineation of the boundary between private property and the right-of-way includinq dimensions; ~ill Delineation of "clear pedestrian pathways" and "clear dist3ncøs" "No Table Zones" as required by Subsection (F) (5): 2 ORD. NO. ~!9..l Proposed location of chairs, with tables, and other private features such as but not limited to hostess stands. umbrellas. etc.; Mí.hl Proposed location of sidewalk café barriers as reauired bv Subsection (F) (7); Mill Photographs and/or manufacturer brochures depicting the chairs, tables, umbrellas, menu boards and loaos. and other private features including, but no limited to, lighting to be used in the proposed sidewalk cafe area. ill If the Permittee intends to use property in front of an adiacent business. the permittee must submit a notarized statement from the adjacent business owner(s) indicatina the adiacent business owner has allowed the use of the sidewalk in the front of their businesses), on a form acceptable the City. (3) Proof of Insurance and a Hold Harmless Agreement in a form acceptable to the City Attorney. (D) Processina: The permit application includina the Reauired Information as reauested in Subsection (C) above shall be submitted to the Community Improvement Department for processina. The City Enginoer sh311 rovie'tI tho pormit 3pplic3tion for compli3nco 'Nith this Soction 3nd sh311 issuo permits 3ccordingly. Tho 3ction of tho City Enginoor m3Y be 3ppo31od pursu3nt to Section 2.4 .7(E). Appeals shall be aoverned bv Section 2.4.7(E). (E) GeoaraDhic Limitation: A permit for a sidewalk cafe may be issued within those zoning districts which allow restaurants, subject to any limitations or restrictions of the particular district. (F) Reaulations Governina the Use. Desian. and Maintenance of a Sidewalk Cafe: (1) A sidewalk cafe shall only be established in conjunction with a legally established restaurant and/or takeout food store, where the food product is prepared, processed, or assembled on the premises (for example: deli, ice cream store, sandwich shop). (2) A sidewalk cafe may only be established in front of the business and such businesses immediately adjacent to the business with which the sidewalk cafe is associated. Tho sido'''.'3Ik c3fó opor3tor must rocoi'Jo the pormission, in 3 form 3ccept3blo to tho City, from ndj3cent businosso8 boforo ost3blishing tho side'N3lk C3ro in front of such 3dj3cent businsssos. The sidewalk café shall not be established adjacent to a travel lane or on-street parkina. unless there is no abilitv to establish a sidewalk café adjacent to the storefront. in which case a sidewalk café may be located adiacent to a traffic lane or street parkina as lona as a five foot clear 3 ORD. NO. pedestrian path is provided. However, a sidewalk café may be established adjacent to a landscape node. (3) Alcoholic beverages may be consumed at a sidewalk cafe. (4) The use of the tables and chairs at a sidewalk cafe shall be only for the customers of the business with which the sidewalk cafe is associated. (5) /\ clo~u p3th'.v3Y, p3r3llo1 '.vith tho ~troot, 'Nith 3 minimum \vidth of five feet (5') ~h311 be maint3ined for through pede~tri3n tr3ffic. ^ gro3tor 'Jlidth m3Y bo roquired 3~ 3 condition of 3ppro'l31. ~@ .'\ cls3r di~t3nce 'A'ith 3 minimum of five foot (5') ~h311 bo providod fr:om 3ny 3l1ey, cro~~\..(3Ik, fire hydr3nt, or ~imil3r ~itu3tion. ^ gro3tor cl03r di~t3nco m3Y bo roquired 3~ 3 condition31 of 3pprov31. Sidewalk café operators shall maintain a clear pedestrian path of a minimum of five feet (5') at all times. The five foot (5') clear pedestrian path shall be parallel to the street and/or allev. In the event a five foot (5') clear pedestrian path adjacent to the curb is interrupted bv street furniture, trees, tree Qates or similar impediments, then the sidewalk café operator may provide for a five foot (5') clear pedestrian path commencina from the edae of the impediment closest to the buildinQ facade for a distance of five feet (5') towards the buildinQ. In areas of hiaher pedestrian traffic or activity or if conditions are such that additional clearance is required to assure safe pedestrian travel. additional clear space shall be required. A clear pedestrian path areater than five feet (5') may be required on sidewalks with an adjacent traffic lane. (6) A "No Table Zone" is hereby established. No sidewalk café tables or chairs shall be located within the "No Table Zone". The "No Table Zone" is that area located at the intersections of Atlantic Avenue with any side street. within fifteen feet (15') of the extended curb line. The fifteen feet (15') will be measured perpendicular to the street from the extended curb. For non-Atlantic Avenue intersections, the "No Table Zone" shall be ten feet as measured above. (7) The sidewalk café area is to be seQreQated from the pedestrian pathway bv means of barriers such as planters, railinas or other similar moveable fixtures or other clearlv visible demarcation. The barrier shall not be located within the required clear pedestrian path. t+1 illJ. In addition to previously approved business signs, the sidewalk cafe may have one of the following 3dvertising signs: (a) A wall mounted menu board siQn that does not exceed three square feet (3 SQ.ft. ). (b) A free standinQ easel or art object that does not exceed five feet (5') in heiaht that holds a menu board with a sian face not to exceed four square feet (-1 sa.ft. 2 ft. x 3 ft. ). (c) LOQOS upon table umbrellas. 4 ORD. NO. manu b03rds on the t3blos 3nd logos upon t3blo umbroll3s. These Hems free standina easel or art object must be placed immediatelv in front of the business in the permitted sidewalk café area. These sians shall not require further Site Plan Review and Appearance Board approval and are an exemption to requirements with the City's sign code. Portable sians shall be prohibited except as allowed in Section 4.6.7(E)(3)(d) Grand Openina Portable Siqns. ~ m.1 Use area and/or seating capacity realized through a sidewalk cafe use and contiguous outdoor dining areas shall not invoke provisions of the zoning code as they pertain to parking or other matters. (Qj í1Q1 Food may be carried to tables by patrons or served by a table waiter. Food shall not be prepared in the sidewalk cafe area. ~ í11l Hours of operation shall be the same as the associated businesses. (11) Tho pormit m3Y bo suspendod upon 'Nritten notico of the City M3n3ger or his.'hor dosigne8 of tho sidov.'3lk c3f-é, 3nd romov31 m3Y bo ordored by tho City \'.'hon rop3irs nocessit3to such 3ction. The City h 0\\(0'10 r, m3Y immodi3toly remo'lO or reloc3tod 311 or p3rts of tho sido'N3lk c3fó or ordor s3id romov31 or roloc3tion in omorgoncy situ3tions, 'Nithout \\(ritton notice. (12) T3bles, ch3irs, umbrolla, 3nd any othor objocts provided \A.'ithin 3 side~N3lk cafó Sh311 bo m3int3inod in 3 cl03n 3nd 3ttr3ctivo m3nnor 3nd sh311 bo in good rop3ir 3t 311 timos, onsuring 3 tidy 3nd n03t 3ppe3r3nce. T3blos 3nd ch3irs sh311 bo movod insido tho building, st3ckod ne3tly 3g3inst tho building, 3t close of 03ch businoss d3Y. (12) The area covered bv the permit. includina the sidewalk. curb and cutter immediatelv adjacent to it. shall be maintained in a clean. neat. attractive and orderlv manner at all times and the area shall be cleared of all debris and stains on a periodic basis durina the day and aaain at the close of each business day. ensurinq a tidy appearance. The permittee shall also be responsible to pressure clean the sidewalk surface on which the sidewalk café is located at least once a week or more frequentlv. if needed and pick up all litter and debris includina litter and debris in the landscaped areas adjacent to the sidewalk café area under permit. (13) No tables. chairs, or any other part of sidewalk cafes shall be attached. chained, or in any manner affixed to any tree, post. sian or other fixtures, curb or sidewalk within or near the permitted area. (G) Liabilitv and Insurance: (1) Prior to the issuance of a permit, the applicant shall furnish a signed statement that the permittee shall hold harmless the City, its officers and employees and shall 5 ORD. NO. indemnify the City, its officers and employees from any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. (2) Permittee shall furnish insurance and insurance certificate and maintain such public liability, food products liability, and property damage insurance from all claims and damages to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than one million dollars ($1,000,000) for bodily injury, and property damage respectively, per occurrence. Such insurance shall name the City, its officers and employees as additional insureds and shall further provide that the policy shall not terminate or be canceled without thirty (30) days written notice to the City. (H) Penalties for Violations. In addition to the remedies provided in Section 6.3.3(1). the followinq penalties will be imposed upon the issuance of a written notice to the permittee shall be aiven as follows: 1st violation - a written warninq 2nd violation - UP to $100 fine 3rd violation - UP to $175 fine (I) Denial. Revocation. or Suspension of Permit: Removal and Storaae Fees: Concurrent Jurisdiction of the Code Enforcement Board-:-; Emerqencies: (1) The City Manager or his/her designee may deny, revoke, or suspend a permit of any sidewalk cafe in the City if it is found that: (a) Any necessary business or health permit has either been suspended, revoked, or canceled or has lapsed. (b) The permittee does not have insurance which is correct and effective. (c) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal or modification of the sidewalk cafe, in order to avoid danger to the health, safety or general welfare of pedestrians or vehicular traffic. (d) The permittee has failed to correct violations of this subchapter or conditions of permitting within three (3) days of receipt of written notice of same. (e) If the permittee receives more than three (3) Code Enforcement violations in a 12 month period from the issuance of its permit for non- compliance to this Section, the permit shall be terminated and no refunds 6 ORD. NO. of the permit application fee shall be qranted. The pemitee may not receive a new permit for six months. (2) The City may remove or relocate or order the removal or relocation of tables and chairs and other vestiges of the sidewalk cafe and a reasonable fee charged for labor, transportation, and storage, should the permittee fail to remove said items within thirty-six (36) hours of receipt of the written notice from the City Manager or his/her desianee ordering removal or relocation. However, in the event of an emergency, no written notice of relocation or removal shall be given and relocation and/or removal shall commence immediately. (3) 6.3.3 ill, below. The permittee may appeal the order of the City Manager pursuant to Section (4) The Code Enforcement Board shall have concurrent jurisdiction over violations of this subchapter, but may only assess fines for noncompliance with the requirements of this subchapter. (5) The sidewalk café permit may be suspended upon written notice of the City Manaqer or his/her desianee and removal may be ordered bv the City when repairs necessitate such action. (6) In addition, the City may immediatelv remove or relocate all or parts of the sidewalk café or order said removal or relocation in emerqencv situations, without written notice. In an emerqencv or upon the issuance of a hurricane warnina or notification of another weather emerqenCV bv the county, the permittee shall forthwith place indoors all tables, chairs, and other eauipment located on the sidewalk. Failure to complv shall result in violation of this subsection which shall result in the issuance of a fine not to exceed $500.00. (J) Appeals: (1 ) Appeals of the decision of the City Manager or his/her designee shall be initiated within ten (10) days of a permit denial, revocation or suspension, or of an order of removal or relocation, by filing a written notice of appeal with the City Manager. (2) The City Manager shall place the appeal on the first available regular City Commission agenda. At the hearing on appeal, the City Commission shall hear and determine the appeal, and the decision of the City Commission shall be final and effective immediately. (3) The filing of a notice of appeal by a permittee shall not stay an order of the City Manager or his/her designee regarding the suspension, revocation or denial of the permit, or the relocation or removal of the vestiges of the sidewalk cafe. Vestiges of the sidewalk cafe shall be removed as set forth in this subchapter, pending disposition of the appeal and the final decision of the City Commission. 7 ORD. NO. (4) Appeals from the decision of the Code Enforcement Board shall be to the circuit court and not to the City Commission. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective April 1, 2005. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2005. MAYOR ATTEST: CITY CLERK First Reading Second Reading rev. 1-20-05 8 ORD. NO. Page 1 of 1 Jon Levinson From: Sent: To: Cc: Subject: Robert Sparvero 2/13/20059:04 PM Alberta Perry McCarthy; Jeff Perlman; Jon Levinson; Patricia Archer Bob Victorin Cafe Ordinance The Beach Property Owners' Association supports approval by the City Commission of the proposed changes to the Cafe Ordinance which were recently endorsed by the Planning and Zoning Board. Thank you for your consideration. Bob Sparvero Bob Sparvero rps l@earthlink.net ~\~ ~\L~ ht W~ ~\Z 1\ Z \ \5 \ 0-.:5 2/14/2005 Date: February 9, 2005 Agenda Item No. \~1\ AGENDA REQUEST Agenda request to be placed on: _X_ Regular _ Special _ Workshop Consent When: February 15, 2005 Description of Agenda Item: Consideration of an Amendment to the Land Development Regulations, Section 6.3.3, Sidewalk Cafes Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval d'~' Department Hea SIgnature: ~ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: ( if applicable) City Manager Review: Approved for agenda: @ / No t1ivI\ Hold Until: (/ ' \ Agenda Coordinator Review: Received: Action: Approved / Disapproved .r ôA tM [11' DF DELIAY BEA[H CITY ATTORNEY'S OFFICE ... rqjr 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090· FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM 1993 DATE: February 8, 2005 TO: City Commission David Harden, City Manager bl-~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Cable Ordinance No. 10-05 The Commission adopted Ordinance 18-03 in July of 2003 that repealed Chapter 93, "Cable Television" and replaced it with a new and updated ordinance regarding cable television. At this time we are submitting Ordinance No. 10-05 which repeals Chapter 93 and replaces it, in its entirety, with a new and updated Chapter 93. Although, there were some minor changes to the ordinance the major reason for repealing and replacing the entire ordinance was to allow it to appropriately mesh with the proposed franchise agreement with Adelphia. A few of the minor changes provided by the proposed ordinance are as follows: - defined "I nstitutional Network" minor increase in fees for renewals, transfers or modifications of the franchise minor increase in fines regarding compliance with customer service requirements such as the time allowed to respond to a call, missed appointments, disconnect service, etc. This ordinance was drafted by the City's outside cable counsel, lIa Feld, Esq. of Leibowitz & Associates. Adelphia has reviewed this ordinance and agreed to its final form. lIa Feld, on behalf of the City, has negotiated a new franchise agreement with Adelphia and that agreement will be placed on the March 1, 2005 City Commission agenda. Our office requests that this item be placed on the February 15, 2005 City Commission agenda for first reading. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk \&8 ORDINANCE NO. 10-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING AND REPLACING CHAPTER 93 TO BE REFERRED TO AS "THE CITY OF DELRAY BEACH CABLE TELEVISION ORDINANCE"; REPEALING ORDINANCE NO. 18-03 IN ITS ENTIRETY; PROVIDING A CODIFICATION CLAUSE; PROVIDING FOR AUTHORITY FOR CABLE TELEVISION SYSTEMS TO OPERATE, CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE RIGHTS-OF-WAY OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING PROCEDURES, REQUIREMENTS, AND FEES RELATING TO CABLE TELEVISION TO REFLECT CHANGES IN APPLICABLE LAW TO BETTER ENSURE THAT USE OF CITY STREETS BY CABLE SYSTEMS SERVES THE PUBLIC INTEREST; PROVIDING FOR CUSTOMER SERVICE REQUIREMENTS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, because of the enactment of certain amendments to the Communications Act of 1934 and amendments thereto including, but not limited to, the Telecommunications Act of 1996, judicial decisions, revisions to federal Communications Commission rules, revisions to State of Florida Statutes, and changes and developments in cable television technology, business, and services, the scope and substance of municipal regulatory authority over cable television franchises has been modified; and WHEREAS, Adelphia Cable Partners, L.P. and National Cable Acquisition Associates, L.P., subsidiaries of Adelphia Communications Corporation ("Adelphia") are the holders of non-exclusive cable television rranchises and said Franchisee has requested renewal of its Franchises; and WHEREAS, the City may detennine that award of additional cable television Franchises are in the public interest; and WHEREAS, the City Commission of the City of Delray Beach, Florida, deems it necessary to amend the City Code of the City of Delray Beach, Florida, by amending the Ordinance to take into account the afore-described changes and developments and to better ensure that use of City Streets by cable systems serves the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, THAT: Section 1. Chapter 93, "Cable Television" of the Code of Ordinances of the City of Delray Beach is hereby repealed in its entirety and replaced by a new Chapter 93, "Cable Television" to read as follows: Section 93.01 Short Title. This Ordinance shall be known and may be cited as The City of Delray Beach Cable Television Ordinance. Section 93.02 Definitions. For the purpose of this Ordinance, the following tenns, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and ''will'' are mandatory, and "may" is pennissive. Words not otherwise defined herein or in any Franchise Agreement that might be granted hereunder shall be given the meaning set forth in the Communications Act of 1934, as amended, 47 V.S.C. § 521 et seq., and as hereinafter amended (collectively the "Communications Act"), and, if not defined therein, their common and ordinary meaning. (a) "Access Channel" means any channel on a Cable System set aside without charge by the Franchisee for public, educational and/or local governmental use. (b) "Affiliate" means any person who owns or controls, is owned or controlled by, or is under common ownership or control with a Franchisee. (c) "Applicant" means any person submitting an application as defined herein. (d) "Application" means any proposal, submission or request to (1) construct and operate a Cable System within the City; (2) sell, assign or otherwise transfer a Franchise or transfer control of the Franchisee; (3) renew a Franchise; (4) modify a Franchise; or (5) seek any other relief from the City pursuant to this Ordinance, a Franchise Agreement, the Cable Communications Act, or other applicable law. An Application includes an Applicant's initial proposal, submission or request, as well as any and all subsequent written amendments or supplements to the proposal and relevant correspondence. ( e) "Basic Cable Service" or "Basic Service" means any service tier which includes the retransmission of local television broadcast signals, and public, educational, or governmental Access Channels. (t) "Communications Act" means the Communications Act of 1934, and amendments thereto including, but not limited to Cable Communications Policy Act of 1984, 47 V.S.C. § 521 et seq., and the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460, and the Telecommunications Act of 1996 as those Acts may hereinafter be amended. (g) "Cable Service" means (a) the one-way transmission to Subscribers of (i) video programming service; or (ii) other programming service, and (b) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service, or as otherwise permitted under applicable federal and state law. (h) "Cable System," "Cable Television System," or "System," means any facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple Subscribers within the City. Such term does not include (i) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (ii) a facility that serves Subscribers without using any public rights-of-way; (iii) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title IT of the Communications Act of 1934, 47 D.S.C. § 201 et seq., except that such facility will be considered a cable system to the extent it is used in the transmission of video programming directly to Subscribers unless the extent of such use is solely to provide interactive on demand service; (iv) an open video system that complies with Section 653 of the Telecommunications Act of 1996; and (v) any facilities of any electric utility used solely for operating as an electric utility system. The foregoing definition of "Cable System" shall not be deemed to circumscribe the valid authority of the City to regulate the activities of any other communications system or provider of communications services or facilities as permitted by applicable federal or state law. (i) "City" means the City of Delray Beach, Florida, a municipal corporation of the State of Florida, in its present incorporated fonn or in any later reorganized, consolidated, enlarged or reincorporated fonn. (j) "Control of a Franchisee or Applicant" means possession of the ability to direct or cause the direction of the management or policies of a Franchisee or Applicant, or the operation of a Franchisee's Cable System, either directly or indirectly, whether through ownership of voting securities, by contract or understanding, or in any other manner. (k) "Fair Market Value" means the price that a willing buyer would pay to a willing seller for a going concern but with no value allocated to the Franchise itself. (1) "FCC" means the Federal Communications Commission or any successor governmental entity thereto. (m) "Franchise" means the non-exclusive right granted by the City to a Franchisee in a Franchise Agreement to construct, maintain and operate a Cable System to provide Cable Services under, on, and over Streets, roads and any other public ways, rights-of-ways, or easements within all or specified areas of the City. The tenn does not include any license or pennit that may be required by this Ordinance or other laws, ordinances or regulations of the City for the privilege of transacting and carrying on a business within the City or for disturbing or carrying out any work on any Street (n) "Franchise Agreement" means a contract entered into in accordance with the provisions of this Ordinance between the City and a Franchisee that sets forth the tenns and conditions under which the Franchise will be exercised. (0) "Franchise Area" means the entire area within the legal boundaries of the City and such other areas as may hereinafter be annexed or incorporated by the City or, alternatively, that area designated in a Franchise Agreement. (P) "Franchisee" means any person granted a Franchise pursuant to this Ordinance who has entered into a Franchise Agreement with the City. (q) "Gross Revenues". As of the effective date of this Ordinance, the provisions of this definition are preempted pursuant to the Communications Service Tax Ch. 202, Florida Statutes and will remain preempted until such time as applicable law changes. Should applicable law change so as to allow the City to calculate Franchise fees as a percentage of Gross Revenues, Gross Revenues shall mean, unless prohibited by applicable federal or state law, or as otherwise provided in a Franchise Agreement, all revenues recognized according to generally accepted accounting principles (GAAP) generated by the Franchisee from the operation of the Cable System to provide Cable Services in the City. Notwithstanding anything to the contrary contained in this subsection, Gross Revenues include, but are not limited to, fees charged Subscribers for Basic Service; fees charged Subscribers for any optional, premium, per-channel or per- program service; fees charged Subscribers for any tier of service other than Basic Service; installation, disconnection, reconnection and change-in-service fees; late fees; leased access fees; and shall include the following services to the extent such services are considered Title VI services according to applicable law: revenue from Cable Service converters, Cable Service remotes, or any other Cable Service equipment rentals; revenues from cable guides; revenues rrom leases of the Cable System; advertising revenues allocable to the City based on a percentage of Subscribers in the City divided by the Subscribers in the Cable System (such percentage shall then be multiplied by the total advertising revenue of the cable system to detennine the allocable Gross Revenue stemming from advertising); and revenues from home shopping channels or other sources allocable to the City, provided that where certain home shopping channel or other such revenue is allocable to more than one franchise area due to common zip codes, the Franchisee shall allocate the percentage of revenue to the City that is equivalent to the percentage of the Subscribers of the City divided by the total Subscribers for the allocable rranchises within the zip code. Unless prohibited by applicable law, Gross Revenues shall be the basis for computing the Franchise fee imposed pursuant to Section 93.17 hereof. Gross Revenues shall not include revenues received from programmers and used by Franchisee to market, promote or advertise a programming service; any revenue received by Franchisee for payment in connection with PEG Access or facilities as required by Section 93.16 hereof; any taxes or fees on services furnished by the Franchisee that are imposed upon any Subscriber or user by the state, Palm Beach County, City or other governmental unit and collected by the Franchisee on behalf of such governmental unit and that the Franchisee passes on in full to the applicable~. authority. However, it is hereby expressly provided that Franchise fees shall be included in the calculation of Gross Revenues. Further, Franchise fees shall not be paid on Subscriber deposits unless and until such deposits are applied to a customer account for services rendered. (r) "Institutional Network" means a communications system constructed, or operated by the Franchisee for the City, the transmissions on which are generally available only to, and intended to be sent and received by, persons other than residential cable Subscribers generally. (s) "Interconnection" means the electronic connection of two or more cable systems for the purpose of sharing Access Channel programming. (t) "Law" means all duly enacted and applicable federal, state, County and City laws, ordinances, codes, rules, regulations and orders. (u) "Leased Access Channel" means a channel designated in accordance with Section 612 of the Communications Act, 47 U.S.C., § 532, for commercial use by persons unaffiliated with the Franchisee. (v) "Overbuild" means a Cable System constructed to serve Subscribers in an area of the City actually served by an existing franchised Cable System. (w) "Person" means any individual, corporation, partnership, association, joint venture, organization or legal entity of any kind, and any lawful trustee, successor, assignee, transferee or personal representative thereof, but shall not mean the City. (x) "Service Tier" means a category of Cable Service provided by a Franchisee and for which a separate charge is made by the Franchisee. (y) "State of the Art" shall mean that level of technical performance, equipment, components and cable services (without reference to the content of the cable service) which has been developed and demonstrated to be generally accepted and used in the cable industry, excluding "tests" involving new products offered for one year or less. Nothing herein shall be construed to require a Franchisee to employ any specific transmission technology or to carry any particular programming services. (z) "Street or Streets" means the surface, the air space above the surface and the area below the surface of any public Street, highway, road, boulevard, concourse, driveway, freeway, thoroughfare, parkway, sidewalk, bridge, tunnel, park, waterway, dock, bulkhead, wharf, pier, court, lane, path, alley, way, drive, circle, easement, or any other public right-of-way or public place, including public utility easements dedicated for compatible uses, or any other property in which the City holds any kind of property interest or over which the City exercises any type of lawful control, and any temporary or permanent fixtures or improvements located thereon, as may be ordinarily necessary and pertinent to construct and operate a Cable System. (aa) "Subscriber" means any person who lawfully receives Cable Service delivered over the Cable System. Any person who lawfully receives Cable Service but is not billed on an individual basis shall not be considered a Subscriber for the purpose of rate notification. (bb) "Subscriber Base" means the total number of residential and commercial Subscribers within the City. For purposes of calculating Subscribers under bulk contracts, the Franchisee shall count each individual unit served as one Subscriber. Franchisee may use any lawful and reasonable equivalency measures provided it uses such measures uniformly for all franchise areas served by the Cable System, or as provided for in a Franchise Agreement. (cc) "System Malfunction" means any Cable System equipment, facility or signal failure or malfunction that results in the loss of satisfactory service on one or more channels to one or more Subscribers. A malfunction is major if it affects two hundred (200) or more Subscribers. (dd) "Transfer of a Franchise" means any transaction in which (1) any ownership or other interest in a Franchisee or its Cable System is transferred ITom one person or group of people to another person or group of people so that control of a Franchisee or control of Franchisee's Cable System is transferred; or (2) the rights and/or obligations held by a Franchisee under a Franchise Agreement are transferred or assigned to another person, group of people or entity. A transfer shall be considered "pro forma" only when it involves a transfer to a person, group of people or business entity that is a wholly owned or controlled affiliate or subsidiary of the Franchisee or Franchisee's parent entity and shall not result in a change in the ultimate parental control or ownership of the Franchisee. (ee) "Two- Way Capability" means the incorporation into a Cable System of all appropriate design and engineering characteristics and features so that two-way transmission, including, but not limited to, addressability, over the Cable System can be implemented and activated. (ff) "Video Channel or Channel" means a portion of the electromagnetic ITequency spectrum which is used in a Cable System and which is capable of delivering a television channel, including the associated audio signal, as television channel is defined by the FCC by regulation or otherwise. Section 93.03. Intent and Purposes. (a) It is the intent of the City and the purpose of this Ordinance to promote the public health, safety, and general welfare by providing for the grant of one or more Franchises for the construction and operation of a Cable System within the City; to provide for the regulation, to the extent provided for by law, of each Cable System within the City in the public interest; to provide for the payment of fees and other valuable consideration by a Franchisee to the City for the use of Streets by its Cable System; to promote the widespread availability of quality Cable Service to City residents and businesses, the City, and other public institutions; to encourage the development of cable and other communications technology and Cable Systems as a means of communication between and among members of the public, City businesses, the City, and other public institutions; to promote competitive cable rates and Cable Services; to promote the safe and efficient use of City Streets; to enhance and maximize the communicative potential of Streets used by Cable Systems; and to encourage the provision of a diversity of information sources to City residents, businesses, the community, the City, and other public institutions by cable technology. (b) Recognizing the continuing development of communications technology and uses, it is the policy of the City to encourage experimentation and innovation in the development of Cable System uses, services, programming and techniques that will be of general benefit to the community to the extent all such experiments and innovations are consistent with applicable laws. Section 93.04. Grant of Authority, Franchise Required. (a) Ordinance. The City may grant one or more Franchises in accordance with this (b) No Person may construct or operate a Cable System over, on, or under public Streets in the City without a Franchise granted by the City, and no Person may be granted a Cable Television Franchise without having entered into a Franchise Agreement with the City pursuant to this Ordinance. (c) Unless otherwise authorized by applicable law, any Franchise granted pursuant to this Ordinance is solely for the provision of Cable Service. Nothing herein shall (i) have the effect of authorizing, prohibiting or conditioning a Franchisee's provision of other services as may be permitted by applicable federal or state law; or (ii) waive any right of the City, if any, to require a Franchisee to obtain other authorizations, licenses, permits or registrations as the City may require under applicable federal or state law. Section 93.05. Franchise Characteristics. (a) A Franchise authorizes use of City Streets for installing cables, wires, lines, optical fiber, underground conduit, ducts, conductors, amplifiers, vaults, and other facilities as necessary and pertinent to operate a Cable Television System within a specified area of the City, but does not expressly or implicitly authorize the Franchisee to provide service to, or install cables, wires, lines, underground conduit, or any other equipment or facilities upon private property without owner consent (except for use of compatible easements pursuant to Section 621 of the Communications Act, 47 D.S.C. § 541(a)(2», or to use publicly or privately owned conduits without a separate agreement_ _ with the owners. (b) A Franchise is non-exclusive and will not expressly or implicitly preclude the issuance of other Franchises to operate Cable Systems within the City, or affect the City's right to authorize use of City Streets to other persons to operate Cable Systems or for other purposes as it determines appropriate. (c) All privileges prescribed by a Franchise shall be subordinate to any prior lawful occupancy of the Streets, and the City reserves the right to reasonably designate where a Franchisee's facilities are to be placed within the Streets. Such designation may include, but not be limited to, consideration of the availability of space in the rights of way. (d) No transfer, whether by sale, assignment or change of control of a Franchise shall occur without the prior consent of the City and unless application is made by the Franchisee, and City approval obtained, pursuant to Section 93.24 hereof and the Franchise Agreement. (e) A Franchise granted to an Applicant pursuant to this Ordinance to construct, operate and maintain a Cable System within the City, shall be deemed to constitute both a right and an obligation on the part of the Franchisee to provide the services and facilities of a Cable System as required by the provisions of this Ordinance and the Franchise Agreement. The Franchise Agreement shall constitute all of the terms and conditions of the Franchise that are finally negotiated and agreed upon by the City and Franchisee. (f) Notwithstanding anything to the contrary, in the event that Franchisee, its parent, Affiliate or subsidiary elects to offer to Subscribers video programming services through any means or method not included within the definition of a Cable System, including, but not limited to, all "open video systems", Franchisee shall remain subject to all terms and conditions of the Cable Television Franchise granted pursuant to this Ordinance. Section 93.06. Franchisee Subject to Other Laws; Police Power; No Waiver. (a) A Franchisee shall at all times be subject to and shall comply with all applicable federal, state and City laws. A Franchisee shall at all times be subject to all lawful exercise of the police power of the City, the eminent domain power of the City and any other powers granted the City by the Constitution of the State of Florida. (b) Subject to applicable law, except as may be specifically provided in this Ordinance or under the terms of a Franchise Agreement, the failure of the City, upon one or more occasions, to exercise a right or to require compliance or performance under this Ordinance or a Franchise Agreement shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance. Section 93.07. Interpretation of Franchise Terms. (a) The provisions of this Ordinance shall apply to all cable Franchises. (b) The provisions of this Ordinance shall, throughout the term of a Franchise, apply to a Franchise Agreement as if fully set forth in the Franchise Agreement, and the express terms of this Ordinance shall prevail over conflicting or inconsistent provisions in a Franchise Agreement unless such Franchise Agreement expressly provides otherwise. (c) Except as to matters which are governed by federal law or regulation, a Franchise Agreement will be governed by and construed in accordance with the laws of the State of Florida. Section 93.08. Applications for Grant, Renewal, Modification or Transfer of Franchises. (a) A written Application shall be filed with the City for (i) grant of an initial Franchise; (ii) renewal of a Franchise in accordance with Section 626 (a-g) of the Communications Act, 47 U.S.C., § 546; (iii) modification of a Franchise Agreement; (iv) transfer of a Franchise; or (v) any other relief from the City pursuant to this Ordinance or a Franchise Agreement. (b) Unless prohibited by applicable law, to be acceptable for filing, a signed original of the Application shall be submitted together with five (5) copies, and shall be accompanied by the required Application filing fee as set forth in Subsection 93.08(i) hereof, conform to any applicable request for proposals, and contain all reasonably required information. All Applications shall include the names and addresses of persons authorized to act on behalf of the Applicant with respect to the Application. The City Manager may waive submission of certain information required herein upon request of the Applicant for good cause shown. (c) All Applications accepted for filing shall be made available by the City for public inspection. Where said Application contains information designated in writing by the Applicant as proprietary, the City shall not make such information available to the public to the extent it is permitted to keep the information confidential pursuant to applicable law. (d) An Application for the grant of a new Franchise may be filed pursuant to a request for proposals issued by the City on an unsolicited basis. The City, upon receipt of an unsolicited Application, may issue a request for proposals. If the City elects to issue a request for proposals upon receipt of an unsolicited Application, the Applicant may submit an amended Application in response to the request for proposals, or may infonn the City that its unsolicited Application should be considered in response to the request for proposals, or may withdraw its unsolicited Application. An Application which does not confonn to the requirements of a request for proposals may be considered non- responsive and denied on that basis. (e) An Application for the grant of an initial Franchise, a transfer or change of control or a renewal shall contain, at minimum, the following infonnation unless expressly waived in part by the City or as otherwise provided in a Franchise Agreement: (1) Name and address of the Applicant and identification of the ownership and control of the Applicant, including: the names and addresses of all Persons with ten percent (10 %) or more ownership interest in the Applicant, including the names and addresses of parents or subsidiaries holding such ownership interests directly or indirectly; the persons who control the Applicant; the names and addresses of all officers and directors of the Applicant; and any other Cable System ownership interest in excess of ten percent (10%) of each named Person (other than the officers and directors of the Applicant); provided that for an Application for a renewal of a Franchise, the infonnation regarding Cable System ownership shall be provided upon written request of the City. (2) An indication of whether the Applicant, or any Person controlling the Applicant, or any officer, director or Person with five percent (5%) or more ownership interest in the Applicant, has been adjudged bankrupt, had a cable or telecommunications Franchise or license revoked, or been found by any court or administrative agency to have violated a security or antitrust law, or to have committed a felony, or any crime involving moral turpitude; and, if so, identification of any such Person and a full explanation of the circumstances; (3) A demonstration of the Applicant's technical, legal and financial ability to construct and/or operate the proposed Cable System, including identification of key personnel to the extent known; (4) For an Application for an initial Franchise, or when requested in the case of a transfer or a renewal, a statement prepared by an independent certified public accountant regarding the Applicant's financial ability to complete the construction and operation of the Cable System proposed; (5) A description of the Applicant's prior experience in Cable System ownership, construction and operation, and identification of communities in Florida (or if Applicant does not own any systems in Florida, identification of the twenty (20) largest franchise areas served by Applicant or its Affiliates) which the Applicant or any Person controlling the Applicant or having more than a five percent (5%) ownership interest in Applicant has, or has had, a cable Franchise or license or any interest therein; (6) Identification of the area of the City to be served by the proposed Cable System, including a description of the service area's boundaries; (7) A description of the services and physical facilities prop~sed, or it! . the case of a transfer or renewal, any changes to the current physical facilities, including channel capacity, performance characteristics, headend, and access facilities; upon request, the Applicant shall make information on technical design available for inspection; (8) Where applicable, a description of the construction of the proposed Cable System, including an estimate of plant mileage and its location, the proposed construction schedule, a description, where appropriate, of how services will be converted from existing facilities to new facilities, and information on the availability of space in conduits including, where appropriate, an estimate of the cost of any necessary rearrangement of existing facilities; (9) If Applicant is currently operating a Cable System within the City, a description of the existing Cable System and capacity and the operator's plans to upgrade the Cable System, if any; (10) If Applicant or Applicant's parent, or any subsidiary or Affiliate of Applicant is currently operating a SMATV System within the City, a list of all such locations; (11) F or an initial grant or in the case of a renewal or transfer and upon written request of the City for informational purposes, the proposed rate structure, including projected charges for each Service Tier, installation, converters, and other equipment or services, and the Applicant's ownership interest in any proposed Cable Services to be delivered over the Cable System; (12) An Application for a renewal shall also include a demonstration of how the Applicant's proposal will reasonably meet the future cable-related needs and interests of the community, including a description of how the proposal will meet the needs described in any recent community needs assessment conducted by or for the City; (13) Upon written request of the City and for information purposes only, a description of any non-cable telecommunications services offered or proposed to be offered by the Applicant or its parent, Affiliate or subsidiary in Palm Beach County. (14) Pro fonna financial projections for the first five (5) years of the Franchise tenn, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules. In the case of a transfer, such pro forma financial plan shall be provided if the transferee or its parent is not a publicly traded company. (15) If an Applicant for an initial Franchise proposes to provide Cable Service to an area already served by an existing cable Franchisee, the identification of the area where the overbuild would occur, the potential Subscriber density in the area which would encompass the overbuild, and the ability of the Streets to. ªçconun.odate'ID___._ _ additional System; (16) Upon written request of the City, any other information as may be reasonably necessary to demonstrate compliance with the requirements of this Ordinance and information that the City may reasonably request of the Applicant in a timely manner that is relevant to the City's consideration of the Application; and (17) An Affidavit or declaration of the Applicant or authorized officer certifying the truth and accuracy of the information in the Application, acknowledging the enforceability of Application commitments, and certifying that the proposal meets all federal and state law requirements. (f) An Application for modification of a Franchise Agreement shall include, at minimum, the following information: (1) The specific modification requested; (2) The justification for the requested modification, including the financial impact of the requested modification on Subscribers and others, and the financial impact on the Applicant if the modification is approved or disapproved; (3) A statement whether the modification is sought pursuant to Section 625 of the Communications Act, 47 U.S. C., § 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 D.S.C. § 545; (4) Any other information necessary for the City to make an informed determination on the Application for modification; and (5) An Affidavit or declaration of the Applicant or authorized officer certifying the truth and accuracy of the information in the Application, and certifying that the Application is consistent with all federal and state law requirements. (g) An Application for renewal of a Franchise shall comply with the requirements of Section 93.23 hereof. (h) An Application for approval of a transfer of a Franchise shall comply with the requirements of Section 93.24 hereof. (i) Unless prohibited by applicable law, to be acceptable for filing, an Application shall be accompanied by a filing fee in the following amount, as appropriate: (1) For a new or initial Franchise: $ 25,000 (2) For renewal of a Franchise: $ 20,000 (3) For a transfer of a Franchise (other than a pro fonna transfer): $ 5,000 (4) F or a pro fonna transfer of a Franchise $ 1,000 (5) For modification of a Franchise Agreement pursuant to 47 D.S.C. § 545: $ 1,000 (6) For any other relief: $ 500 The purpose of the filing fee is to deftay a portion of the City's cost in processing an Application. The filing fee is therefore intended to be a charge incidental to the awarding or enforcing of a Franchise within the meaning of Section 622(g)(2)(D) of the Communications Act, 47 D.S.C. § 542(g)(2)(D), and may not be deducted from the Franchise fee imposed in a Franchise Agreement or credited against any tax, including, but not limited to, the Florida Communications Service Tax (Ch. 202.FLStat) or any substitute tax or fee, unless required by applicable law. Section 93.09 Grant of Franchises. (a) The City may grant a cable Franchise for a period not to exceed fifteen (15) years plus such extensions as may be approved by the City to serve the City. (b) In evaluating an application for a Franchise, the City may, if applicable, and if required by applicable federal or state law, shall consider, among other things, the following factors: the Applicant's technical, financial, and legal qualifications to construct and operate the proposed System; the adequacy of the proposed construction arrangements, facilities, equipment, and services based on the public convenience, safety and welfare; the Applicant's experience in constructing and operating cable systems and providing Cable Service in other communities. In the case of an initial grant, the City shall also consider the economic impact upon private property within the Franchise Area; the public need for such Franchise, if any; the capacity of public rights-of-way to accommodate the Cable System; the present and future use of the public rights-of-way to be used by the Cable System; the potential disruption to existing users of the public rights-of-way to be used by the Cable System and the resultant inconvenience which may occur to the public; the financial ability of the Franchise Applicant to perform; and whether the proposal will meet reasonably anticipated community needs and serve the public interest. Evaluation by the City shall not be based on the content of the programming the Applicant proposes to provide. (c) The City shall hold a public hearing to consider an Application or Applications, the Applicant(s) shall be given at least ten (10) days prior notice of the hearing and shall be given an opportunity to be heard. Based upon the Application(s), the testimony presented at the public hearing, any recommendations of the City Manager or staff, and any other infonnation relevant to the Application(s), the City shall decide by resolution whether to grant or deny a Franchise Application. ------~-~- ---- (d) As a condition precedent to the grant of a Franchise, the Applicant shall file an acceptance of the Franchise accompanied by any and all bonds, certificates of insurance or other obligations as required in a Franchise Agreement no later than the date of the City Commission's consideration of the grant or denial of the application. This period may be extended for good cause by the City. If the acceptance is not filed with the City by the above-referenced date, or if the period is not extended by the City, the Commission may delay consideration of the Application or deny the Application. The City may, at its option, grant the Applicant a short-tenn extension(s). The grant of such a short tenn extension( s) will not confer on the Applicant the right to an automatic acceptance, transfer, modification or renewal. In the case of a transfer, the City shall grant an extension to this requirement as long as the Franchisee keeps such insurance, bonds or other surety in place until thirty (30) days after the transaction related to the transfer closes and the transferee has provided its insurance, bonds or other surety in place within thirty (30) days following such closing. ( e) Unless prohibited by applicable law, Applications for the grant of an initial Franchise, a Franchise renewal, a Franchise Agreement modification, or a Franchise transfer may be subject to a processing fee in addition to the filing fee in an amount not to exceed the reasonable and justifiable out-of-pocket costs to the extent that the filing fee does not cover the costs incurred by the City in considering the Application, including consulting and legal costs. Prior to the date of the resolution approving or denying the Franchise Agreement or modification or transfer thereof by the City Commission, the City shall notify the Franchisee of the estimated amount of any processing fee and its method of calculation. This processing fee is therefore intended to be a charge incidental to the awarding or enforcing of a Franchise within the meaning of Section 622(g)(2)(D) of the Communications Act, 47 U.S.C. § 542(g)(2)(D), and may not be deducted from the Franchise fee imposed in a Franchise Agreement or any federal or state tax and shall not be passed through to Subscribers as a separate line item unless required by applicable law. Section 93.10 Commencement of Service. Any Franchisee commencing initial construction of a Cable Television System after the effective date of this Ordinance shall commence construction within one year of the effective date of the Franchise Agreement and shall complete construction so as to offer service to all dwellings within the Franchise Area in compliance with the requirements of a Franchise Agreement, but in no event later than two (2) years from the effective date of the Franchise Agreement unless an extension is granted by the City for good cause shown. Section 93.11 Insurance; Surety; Indemnification. (a) A Franchisee shall maintain, and by its acceptance of the Franchise specifically agrees that it will maintain, throughout the entire term of the Franchise_ including any renewals thereof, the following liability insurance coverage insuring the City to the extent applicable and the Franchisee: worker's compensation and employer liability insurance to meet all requirements of Florida law and commercial general liability insurance with contractual coverage with respect to the construction, operation and maintenance of the Cable System, and the conduct of Franchisee's business in the City, in the minimum amounts of $1,000,000 per occurrence, for bodily injury or death, broad form property damage liability, and insurance to cover inftingement of copyrights. (b) All insurance policies shall be with insurance companies authorized to do business in the State of Florida and such companies shall have a minimum Best's rating of A-I, or an equivalent rating. The City may require coverage and amounts in excess of the above minimums where necessary to reflect changing liability exposure and limits or where required by law. (c) A Franchisee shall keep on file with the City certificates of insurance evidencing the above insurance coverage and evidencing that the City, its officers, boards, commission, commissioners, agents and employees are listed as additional insureds on the general liability policy. If a claim is filed such that the City claims insurance coverage, Franchisee shall immediately respond to all reasonable requests by the City for information with respect to the scope of the insurance coverage. (d) All general liability insurance policies shall provide that any cancellation or reduction in coverage shall not be effective unless thirty (30) days' prior written notice thereof has been given to the City. A Franchisee shall not cancel any required insurance policy without submission of proof that the Franchisee has obtained alternative insurance satisfactory to the City which complies with this Ordinance. ( e) A Franchisee shall, at its sole cost and expense, indemnify, hold hannless, and defend the City, its officials, boards, commissions, commissioners, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses arising out of the willful or negligent acts or omissions of the Franchisee or its officers, agents, employees or contractors relating to construction, maintenance or operation of its Cable System, and the conduct of Franchisee's business in the City; provided, however, that Franchisee's obligation hereunder shall not extend to any claims caused by the willful misconduct or negligence of the City, its officials, boards, commissioners, agents or employees, or to claims arising from Franchisee's provision of Access Channels for public, educational and/or governmental use pursuant to a Franchise granted hereunder, to the extent such claims relate to programming and content on such channels, over which Franchisee has no editorial control nor exercises administrative control. This provision includes, but is not limited to, the City's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings, and claims arising out of copyright inftingement or a failure by the Franchisee to secure consents from the owners, authorized distributors, or providers of programs to be delivered by the Cable System, claims arising out of Section 638 of the Communications Act, 47 U.S.C. 558, and claims against the Franchisee for invasion of the right of privacy, defamation of any. Perso~ firm 01'-- corporation, or the violation or infringement of any copyright, trade mark, trade name, service mark or patent, or of any other right of any Person, fmn or corporation. If any such claim arises, the Franchisee shall have the obligation and duty to defend the City and any other indemnified party hereunder; provided, however, Franchisee may not agree to any settlement of claims affecting the City without the City Attorney's approval. If the City Attorney finds that separate representation to fully protect the interests of the City is necessary, Franchisee shall consult with the City Attorney on counsel that is acceptable to the City Attorney. If Franchisee is unwilling or unable to select counsel acceptable to the City Attorney, whose acceptance shall only be withheld for good cause shown, Franchisee shall pay all actual and reasonable expenses incurred by the City in defending itself with regard to any action, suit or proceeding subject to this indemnification. The City's expenses shall include all out of pocket expenses, attorney's fees and costs of the City attorney or assistants, or any City employees, outside attorneys or other agents. Notwithstanding the foregoing, Franchisee shall not be required to indemnify the City pursuant to this Ordinance or a Franchise Agreement for actions relating to public, government and education access programming decisions outside of Franchisee's control or for the City's use of the Cable System or the use of public, government and education Access Channels, facilities or funding. Section 93.12. Security Fund. (a) The franchisee at its sole expense shall post and keep posted with the City a cash security deposit or non-revocable letter of credit or a surety bond in a fonn and in an amount approved by the City to be used as a security fund to ensure the franchisee's faithful perfonnance of and compliance with all tenns and provisions of this Chapter, the franchise agreement and other applicable law, compliance with all orders, pennits and directions of the City, the payment by the ftanchisee of any claims, liens, fees, or taxes due the City which arise by reason of the construction, operation or maintenance of the system, and to indemnify the City against all losses that it may suffer in the event the franchisee fails to comply with any tenn or provision of this Chapter, the franchise agreement or other applicable law. The security fund shall remain in effect for the full tenn of the Fanchise plus, at minimum, an additional six (6) months thereafter. The exact fonn and amount of the security fund as set forth in a ftanchise agreement shall be an amount necessary to protect the public, to provide adequate incentive to the franchisee to comply with this Chapter and the franchise agreement, and to enable the City to effectively enforce compliance therewith. The ftanchise agreement shall provide for the procedures to be followed with respect to the security fund. (b) The Franchisee and its surety shall be jointly and severally liable. (c) The fonn and conditions of the bonds and the surety shall be acceptable and satisfactory to the City and surety shall be a nationally recognized surety company acceptable to the City, listed on the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies" as published in circular 570 (amended) by the Audit Staff, Bureau of Government Financia.19pe.ra!ion~,_lJ~S._Tr~_~ury pe~~~nj:LªlLÞQI!º~__~h;lll b~ pJªced____ - with sureties with a Best Rating of no less than A-VII. Bonds shall be executed and issued by a resident agent, licensed and having an office in Palm Beach, Dade, Broward or Martin Counties, Florida, representing such corporate sureties. If the franchisee is a partnership, the bond should be signed by each of the individuals who are partners; if a corporation, the bond should be signed in the correct corporate name by duly authorized officer, agent or attomey- in- fact. There should be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts in the franchise. (d) If the surety on any bond furnished by franchisee is declared bankrupt or becomes insolvent or its right to do business is tenninated in the State of Florida or it ceases to meet the requirements of paragraph B, franchisee shall within ten (10) days thereafter substitute another bond, surety or cash deposit which must be in confonnance with paragraph (c). (e) The security fund shall be maintained at the amount specified in a franchise agreement, even if amounts have to be withdrawn and replenished pursuant to subsection (g). (f) If the franchisee fails to pay the City any compensation within the time fixed herein, fails to pay any fines, fails to repay the City within ten (10) days any damages, costs or expenses which the City is compelled to pay by reason of any act or default of the franchisee in connection with the franchise, or fails, after fifteen (15) days' notice by the City of failure to comply with any provision of the franchise agreement which the City reasonably detennines can be remedied by demand on the security fund, the City may immediately withdraw the amount thereof: with interest and any penalties, from the security fund. Upon such withdrawal, the City shall notify the franchisee of the amount and the date thereof. (g) Within thirty (30) days after notice to it that any amount has been withdrawn from the security fund deposited pursuant to subsection A above, the franchisee shall pay to, or deposit with, the City a sum sufficient to restore such security fund to the amounts specified in subsection A, whatever the case may be. Failure to replenish the security fund shall subject the franchisee to penalties. However, replenishment is without prejudice to the franchisee's right under Section 93.25 to contest the validity of the City's withdrawal of money from the security fund. (h) The rights reserved to the City with respect to the security fund posted pursuant to this Section are in addition to all other rights and remedies the City may have under this Chapter, the franchise agreement, or at law or equity, and no action, proceeding or exercise of a right with respect to such security fund shall affect any other right or remedy of the City. (i) The portion of the security fund deposited pursuant to this Section necessary to compensate the City for damages and costs sustained shall become the property of the City in the event that the franchise is canceled or terminated by reason of the default of the franchisee. The franchise~, however,. shall be ent!.!l~(i.t() t~e retl!m of sUGh securit~_.. fund, or portion thereof less any amount in dispute, without interest, as remains on deposit with the City six (6) months after the expiration of the term of the franchise, provided that there is then no outstanding default on the part of the franchisee. Section 93.13. Construction Bond. (a) A franchise agreement shall provide that, prior to any cable system construction, upgrade, rebuild or other significant work in the public rights-of-way, a franchisee shall establish in the City's favor a construction bond in an amount specified in the franchise agreement or other authorization as detennined by the City to ensure the franchisee's faithful perfonnance of construction of the cable system, upgrade, rebuild or other work in the public rights-of-way. (b) The fonn and conditions of the bonds and the surety shall be acceptable and satisfactory to the City and surety shall be a nationally recognized surety company acceptable to the City, listed on the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies" as published in circular 570 (amended) by the Audit Staff: Bureau of Government Financial Operations, U.S. Treasury Department, all bonds shall be placed with sureties with a Best Rating of no less than A-VII. Bonds shall be executed and issued by a resident agent, licensed and having an office in Palm Beach, Dade, Broward or Martin Counties, Florida, representing such corporate sureties. If the franchisee is a partnership, the bond should be signed by each of the individuals who are partners; if a corporation, the bond should be signed in the correct corporate name by duly authorized officer, agent or attorney-in-fact. There should be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts in the fÌ'anchise. (c) If the surety on any bond furnished by franchisee is declared bankrupt or becomes insolvent or its right to do business is tenninated in the State of Florida or it ceases to meet the requirements of paragraph B, fÌ'anchisee shall within ten (10) days thereafter substitute another bond, surety, or cash deposit which must be in conformance with paragraph (b). (d) In the event a fÌ'anchisee subject to such a construction bond fails to complete the cable system construction, upgrade, rebuild or other work in the public rights-of-way in a safe, timely and competent manner in accordance with the provisions of the fÌ'anchise agreement, then there shall be recoverable jointly and severally fÌ'om the principal or surety of the bond, any damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the fÌ'anchisee, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. The City may also recover against the bond any amount recoverable against the security fund pursuant to Section 93.13 where such amount exceeds that available under the security fund. (e) The franchise agreement may specify that ßi~!y (60) da.~_é!~er çompletiC>Il___ _ of the cable system construction, upgrade, rebuild or other work in the public rights-of- way and payment of all construction obligations of the cable system, the franchisee may eliminate the bond or reduce its amount unless the City has made a demand against the deposit or notified franchisee of a potential claim and requested maintenance of the security. However, the City may subsequently require the reestablishment of or an increase in the bond amount for any subsequent construction, upgrade, rebuild or other work in the public rights-of-way. (f) The construction bond shall be subject to the approval of the City's Risk Manager and the City Attorney, and shall provide that: "This bond may not be canceled, or allowed to lapse, until ninety (90) days after receipt by the City, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew." (g) The rights reserved by the City with respect to any construction bond established pursuant to this Section are in addition to all other rights and remedies the City may have under this Chapter, the franchise agreement, or at law or equity, and no action, proceeding or exercise of a right with respect to such bond shall effect any other right or remedy of the City. Section 93.14. Minimum Facilities and Services. (a) The following minimum requirements for facilities and services apply to all Franchises granted by the City. The City may require in a Franchise Agreement that a Franchisee exceed these minimum requirements where it detennines, under circumstances existing at the time of the application, that the additional requirements are necessary to meet the City's future cable-related needs and interests or to serve the public interest. (1) Any Cable System constructed, upgraded, reconstructed, or rebuilt after the effective date of this Ordinance shall have a minimum capacity of 750 MHz or the equivalent thereof available for immediate or potential use. A Franchise Agreement may provide for a larger minimum capacity requirement. (2) The City shall require in a Franchise Agreement that a Franchisee provide Access Channels, facilities and other support for public, educational and/or governmental use, which may include, but not be limited to, provision of an Institutional Network. (3) The City may require any Cable System operating pursuant to a Franchise to cablecast City Commission meetings live to all Subscribers. (4) by federal law . A Cable System shall provide leased access channels as required ~- - - -- --~ - - - (5) Uriless otherwise provided in a Franchise Agreement, a Franchisee shall provide no less than one service outlet per location and one on-line access connection to all City buildings (regardless of whether such facilities are owned or leased by the City) and all public schools within its Franchise Area not already served by another franchised cable operator at no cost to the City or school involved, and shall charge not more than its time and material costs for any additional service outlets or equipment provided to such facilities. (6) A Franchisee shall design its Cable System to allow the City to interrupt Cable Service in an emergency to deliver necessary information to Subscribers subject to federal, state and County priority. Franchisee shall, at minimum, meet all FCC requirements for emergency alert systems. (7) A Franchisee shall transmit all imbedded signals, including closed circuit captioning information for the hearing impaired and audio signals for the visually impaired. (8) Standard installation shall consist of a drop, not exceeding one hundred twenty-five (125) feet from the cable plant to the nearest entry point of a Subscriber's residence. Residential drops in excess of one hundred twenty-five (125) feet may be charged according to the Franchisee's rate schedule. (b) Except for Cable Systems in operation on the effective date hereof pursuant to Franchises initially granted or renewed in areas annexed by the City subsequent to said initial grant or renewal, a Franchise Agreement shall require that a Franchisee make Cable Service available to every dwelling within the City of Delray Beach or as otherwise provided in a Franchise Agreement. If the City annexes any new areas after the date of this Ordinance, Franchisee shall be required to provide Cable Service at standard installation rates to such areas subject to this Ordinance and any Franchise granted hereto. Notwithstanding anything to the contrary, a Franchisee shall not be required to provide Cable Service to any area already served by a franchised cable operator. (c) In the event a Franchisee lawfully operating in a Franchise Area that is less than the entire City desires to provide service to an area of the City already being served by a franchised cable operator, then the Franchisee wishing to expand service shall agree to construct and operate its Cable System on terms no more favorable and no less burdensome than those pursuant to which the existing operator is subject. (d) A Franchisee shall interconnect its PEG Access Channels with the PEG Access Channels of any adjacent cable systems owned by or affiliated with Franchisee if such interconnection is technically and economically feasible. Upon the written request of the City and as required in a Franchise Agreement, Franchisee shall interconnect its PEG Access Channels to any or all other Cable Systems operating within the City for the purpose of transmitting PEG programming if (i) such interconnection is technically feasible, (ii) the other operator(s) of such Cable Systems Qpera,tillg within the_ City paY8------- for the cost of the interconnection and (iii) such other operator(s) provide funding for PEG access equivalent to the amount provided by Franchisee. ( e) A Franchisee shall locate each government Access Channel on the same channel number throughout the City. (f) In an initial or renewal fi'anchise granted pursuant to this Ordinance, a Franchisee shall agree to maintain that level of technology to its Cable System to satisfy the State-of-the-Art requirement, as defined in Section 93.02(y) herein subject to qualifications, conditions, and terms that may be expressly identified in a Franchise Agreement. (g) Pursuant to the procedures set forth in Section 93.25, failure to comply with any part of this Section 93.14 may result in the imposition of liquidated damages in the amount of Two Hundred Fifty Dollars ($250) per day per violation or as otherwise provided in a Franchise Agreement. Section 93.15. Technical Standards. (a) Any Cable System within the City shall meet or exceed the technical standards of the FCC or other applicable federal or state technical standards, including any such standards as hereinafter may be amended or adopted. Antennas, supporting structures, and outside plant used in the Cable System shall be designed to comply with all generally accepted industry practices and standards and with all federal, state, County, City and/or utility laws, ordinances, rules and regulations. (b) All construction, installation and maintenance shall comply with the National Electrical Safety Code, the National Electric Code, and all local codes, laws and accepted industry practices, and as hereinafter may be amended or changed. (c) At the times required by FCC rules, the Franchisee shall perform at its expense proof of performance tests designed to demonstrate compliance with the requirements of this Ordinance, the Franchise Agreement, and FCC requirements. Upon request, the Franchisee shall provide the proof of performance test results promptly to the City. The City shall have the right to inspect the Cable System facilities during and after their construction to ensure compliance with the requirements of the Franchise Agreement, this Ordinance, and FCC standards. A Franchisee has the right to be present at all such inspections. (d) The City may require an annual proof of performance test, or other tests as specified in a Franchise Agreement or applicable law or regulation, to be performed promptly upon request and at the expense of the Franchisee. The Franchisee shall provide the test results to the City within thirty (30) days of completion. (e) A Franchisee shall not design, install or operate its_ facilities in ~ manner that will interfere with the signals of any broadcast station, the facilities of any public utility, the Cable System of another Franchisee, or individual or master antennas used for receiving television or other broadcast signals. Section 93.16. Access Channels and Facilities. (a) It is the purpose and intent of the City to require that all Franchisees provide Access Channels, facilities, equipment and support sufficient to meet the needs and interests of the community in light of the costs thereof with respect to public, education and government activities as set forth in this Section 93.16. (b) A Franchisee granted a Franchise pursuant to this Ordinance shall provide to the City, a grant for PEG capital support, as set forth in a Franchise Agreement. (c) A Franchisee shall provide a minimum of one Access Channel and facilities dedicated to the exclusive use of the City and such other capital support for public, educational and/or governmental use as required in a Franchise Agreement. A Franchisee shall provide at minimum one return line for each Access Channel then used by the City to the headend, as technically necessary for the operation of Access Channels referred to herein or as otherwise required by a Franchise Agreement. The City may increase the number of PEG Access Channels to a number not to exceed three, so long as a threshold use requirement is met for each Channel beyond the first the City then utilizes. In order to request a second PEG Access Channel, the existing PEG Access Channel must be programmed at least six hours per day with non-repetitive, locally produced programming, Monday through Friday, for a minimum of six consecutive weeks. Character-generated programming shall not be included for purposes of calculating the programming requirement. Once the threshold is met and a second Access Channel given, the first Access Channel must maintain the threshold requirement. After attaining the threshold requirement, if the first Access Channel fails to meet the threshold for four consecutive months, the second Access Channel may be reclaimed by Franchisee upon sixty (60) days written notice. Under no circumstances shall the City lose the right to its first Access Channel. (d) During the Franchise tenn, the Franchisee shall provide, as specified in a Franchise Agreement or otherwise agreed to, such equipment, facilities, technical and capital support as the City Commission may detennine is useful for the production and cable casting of programming on the public, education and government channels. ( e) As may be required in a Franchise Agreement or otherwise agreed to, a Franchisee shall tape or cablecast live events held in the City as may be designated by the City. (t) An Application for an initial grant, renewal or transfer of a Franchise may, or at the City's request shall, include proposals for the provision of an Institutional Network interconnecting City, educational institutions and/or other public facilities as designated by!!t~__çj!y--,_ _ _ _ _~n _________ ___ _________ -- (g) An Application for an initial grant, renewal or transfer of a Franchise may, or at the City's request shall, subject to Section 93.14(d), include a proposal for the interconnection of Franchisee to any or all other Cable Systems operating within Palm Beach County for purposes of providing or sharing PEG Access Channels. Where applicable, an Applicant shall include in the Application a statement outlining the status of the interconnection of its Cable System to any and all Cable Systems operating within Palm Beach County. (h) A Franchise Agreement may provide for additional capital grants in lieu of or in addition to some or all of the facilities, equipment, and services referenced in this Section. (i) The facilities, equipment, monetary grant and all other support to be provided by a Franchisee and as set forth in a Franchise Agreement constitute capital costs that are required by the Franchise to be incurred by Franchisee for public, educational or government access facilities within the meaning of Section 622(g)(2)(C) of the Communications Act, 47 V.S.C. § 542(g)(2)(C), and such grant does not constitute a Franchise fee or tax within the meaning of the Communications Act, state law, City code or a Franchise Agreement. The City shall use the facilities, equipment, monetary grant and all other support to be provided by Franchisee hereunder in a manner consistent with Section 622(g)(2)(C) of the Communications Act. Section 93.17. Franchise Fee. (a) As of the effective date hereof: the State of Florida Communications Service Tax, (F.S., Ch. 202), prohibits the obligations imposed on a Franchisee in this section and this Section 93.17 is severable from this Ordinance and has no effect on the remaining valid portions of this Ordinance. However, if state or federal law allows the City to impose the requirements of this section, the City expressly reserves the right to do so. (b) If permitted by applicable law, a Franchisee, as compensation for the privilege granted under a Franchise pursuant to this Ordinance for the use of the City's Streets to construct and operate a Cable System, shall pay to the City a Franchise fee in an amount up to a maximum of either (i) five percent (5%) of the Franchisee's Gross Revenues derived from the operation of its Cable System within the City during the term of its Franchise; or (ii) in the event the Communications Act or other applicable law is amended to permit the City to assess a Franchise fee of a greater amount than that specified in (i) above, the Franchisee agrees to pay to the City the new amount after a public hearing in which the public and Franchisee are given an opportunity to comment on the impact of the higher fee. In no event shall a Franchisee pay a Franchise fee greater than the maximum permitted by applicable law. (c) A Franchis~e. sl!all paYuthe françht~_f~~c1u~.Jº. th~_ ç~YºI) ~Lq!larterlL___ basis. Payment for each month shall be made to the City not later than forty five (45) calendar days after the end of each calendar month. (d) A Franchisee shall file with the City within sixty (60) days after the expiration of each calendar year or portion thereof during which its Franchise is in force, a financial statement setting forth the computation of Gross Revenues used to calculate the Franchise fee for the preceding year or portion thereof and a detailed explanation of the method of computation. The statement shall be certified by a duly authorized corporate officer. The Franchisee will bear the cost of the preparation of such financial statements. (e) Subject to applicable law, any acceptance by the City of any Franchise fee payment shall not be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the City may have for additional sums payable. (f) The Franchise fee payment is not a payment in lieu of any other tax, fee or assessment, subject to applicable law. (g) If permitted by applicable law, the City, or its representative, may from time to time but not more than once in any twelve (12) month period, and upon reasonable notice, inspect, audit any and all books and records of the Franchisee relevant to the determination of Gross Revenues and the computation of Franchise fees due, and may re-compute any amounts determined to be payable under the Franchise. In the case of any Franchise granted, renewed, modified or transferred on or after the effective date hereof the cost of the audit will be borne by the Franchisee if, as a result of the audit, the City determines that the Franchisee has underpaid the Franchise fees owed in an amount equal to or exceeding two percent (2%) of the Franchise fees actually paid. A Franchisee shall make all books and records necessary to satisfactorily perform the audit readily available to the auditors in Palm Beach County for inspection and copying. (h) In the event that a Franchise fee payment is not received by the City on or before the due date set forth in Subsection (c) above, or is underpaid, any Franchisee granted an initial Franchise, renewal, modification or transfer on or after the date hereof shall pay a late charge of eighteen percent (18%) per annum of the amount of the unpaid or underpaid Franchise fee payment; provided, however, that such rate does not exceed the maximum amount allowed under Florida law. Any interest and! or late charges paid by Franchisee is intended to be a charge incidental to the enforcing of a Franchise within the meaning of Section 622 (g)(2)(D) of the Communications Act, 47 D.S.C. § 542(g)(2)(D), and may not be deducted from the Franchise fee imposed by this Ordinance or any Franchise Agreement. (i) Unless prohibited by law, when a Franchise terminates for whatever reason, the Franchisee shall file with the City within ninety (90) calendar days of the date it ceases operations in the City, a financial statement, audited by an independent certified public accountant and certified by_the Franchisee's chief. or otber duly. autho_rized _____ financial officer, showing the Gross Revenues received by the Franchisee since the end of the previous fiscal year. Adjustments will be made at that time for Franchise fees due to the date that the Franchisee's operations ceased. Section 93.18. Reports and Records. (a) The Franchisee shall submit reports to the City quarterly according to the following schedule: January through March are due on or before April 25, April through June are due on or before July 25, July through September are due on or before October 25 and October through December are due on or before January 25 of each year or as otherwise provided in a Franchise Agreement. The quarterly report shall include, but not be limited to: (1) Number of homes passed, number of cable plant miles, number of new installs, number of disconnects and net result of new installs and disconnects. (2) Telephone reports, broken down by quarter, indicating the number of calls received, number of calls abandoned, number of calls receiving a busy signal and percentage of total calls for which a busy signal was received. (3) A summary by quarter for the number of standard installations performed within seven days, number of unplanned service interruptions, the hours in which planned service interruptions have occurred, number of unplanned service interruptions by duration, number of service interruptions responded to within 24 hours, number of other service problems responded to within 36 hours, preventative measures to reduce or eliminate service interruptions and any other information that may be reasonably required to monitor the Franchisee's compliance with this Ordinance. A Franchisee may comply with the requirements of this subsection by providing to the City a copy of the actual written complaint and/or service interruption logs maintained by Franchisee. (4) Unless prohibited by applicable law, revenue information, including, but not limited to number of Subscribers for each type of Cable Service offered, and the Gross Revenue from all sources attributable to the operations of the Cable System by the Franchisee in the City, stating separately by category each source and the amount of revenue attributable thereto. As of the date of this Ordinance, the obligations imposed on Franchisee in this section to provide an annual financial statement are prohibited by the State of Florida Simplified Communications Service Tax, F.S., Ch.202, and this obligation is severable from this Ordinance and has no effect on the remaining valid provisions hereof. However, if state or federal law allows the City to impose the requirements of this section, the City expressly reserves the right to do so. (b) Within six (6) months of the close of its fiscal year, the Franchisee shall provide an annual report to the City that includes the following information: -- ---~---------------~------------ (1) A summary of the activities of the previous year in development of the Cable System, including as pertains to Cable Services, initiated or discontinued policy changes enacted during the previous year, number of cable Subscribers for each tier or type of Cable Service or Cable product (including gains and losses), homes passed and miles of cable distribution plant in service. The summary shall also include a comparison of any construction, including Cable System upgrades, during the year with any projections previously provided to the City, as well as rate and charge increases and/or decreases for the previous fiscal year. (2) The web-site addresses to the Franchisee's ultimate parent annual report and 10-K as filed with the SEC, and all filings made with the State of Florida under the Communications Services Tax Simplification Law. Unless prohibited by applicable law, to verify Franchise fee payments, Franchisee shall provide, upon written request, an annual financial report to include a statement of sources of revenues for the Franchise Area. The statement shall be audited if Franchisee has audited statements prepared in its nonnal course of business. If not, the statements shall be certified by the chief financial officer of the Franchisee. The financial report shall include notes to the financial statements that specify all significant accounting policies and practices upon which it is based. As of the date of this Ordinance, the obligations imposed on Franchisee in this section to provide an annual financial statement are prohibited by the State of Florida Simplified Communications Service Tax, F.S., Ch. 202, and this obligation is severable from this Ordinance and has no effect on the remaining valid provisions hereof. However, if state or federal law allows the City to impose the requirements of this section, the City expressly reserves the right to do so. (3) Where applicable, a copy of updated maps depicting the location of all trunk lines and feeder lines and associated devices in the City to the extent such locations have changed. Upon request of the City, such maps shall be provided in digitized fonn at the expense of the Franchisee. (4) A summary of written subscriber or resident complaints, identifying the number and nature of complaints and their disposition. Where complaints involve recurrent Cable System problems, the nature of each problem and the corrective measures taken shall be identified. More detailed infonnation concerning complaints shall be submitted upon written request of the City, subject to Franchisee's obligation to maintain Subscriber privacy in accordance with federal law. (5) Upon written request, and if not otherwise provided, a summary of the number of unplanned service interruptions, the hours in which planned service interruptions have occurred and the number of unplanned service interruptions by duration, including preventative measures to eliminate reoccurrence. (6) Upon written request, if the Franchisee is a corporation, a list of officers and members of the board of directors; the officers and members of the board of directors of any parent corporation; and if the Franchisee or parent corporation stock or ownership interests are publicly traded, (icopy ()fitsIrlostr~~~p.télIl1lual report. ___ _____ (7) Upon written request, if the Franchisee is a partnership, a list of the partners, including any limited partners, and addresses; and if the general partner is a corporation, a list of officers and members of the board of directors or the corporate general partner and the officers and directors of any parent corporation; and where the general partner or parent corporation ownership interests are publicly traded, a copy of its most recent annual report. (8) Upon written request, a list of all people holding five percent (5%) or more ownership or otherwise cognizable interest in the Franchisee pursuant to the Communications Act and 47 C.F.R. 76.501. (9) A copy of the rules and regulations of the Franchisee applicable to Subscribers of the Cable System. (10) A report on the number of senior citizens, economically disadvantaged or disabled Subscribers receiving any rate discounts and the amount of any such discounts for specific Cable Services if Franchisee offers separate rates or discounts for those categories of Subscribers. (11) A report on the number of multiple dwelling buildings and units therein receiving Cable Service under bulk agreements. (12) A full schedule and description of services, service hours and location of the customer service office of the Franchisee or offices available to Subscribers, and a schedule of all rates, fees and charges for all Cable Services provided over the Cable System. (13) Upon written request, a report on the number of total Subscribers served by the Franchisee in the Cable System, with a breakdown by the types of Cable Services received by Subscribers. (14) Upon written request, a copy of any filing made to the FCC pursuant to Equal Employment Opportunity Council requirements. (c) Upon each written request by the City made not more than once annually, a Franchisee shall within 45 days of receipt of the request, provide the following documents to the City, without regard to whether the documents are filed by the Franchisee or an Affiliate: (1) If not otherwise available, annual financial report of the Franchisee or its parent or any Mfiliate of Franchisee that controls Franchisee and issues an annual financial report. - --------- -------- (2) Copyright filings reflecting the operation of the Cable System. (3) Any pleadings, petitions, applications, communications, reports and documents (collectively referred to as "filings") submitted within the previous twelve (12) months by or on behalf of the Franchisee to the FCC, SEC or any state or federal agency, court or regulatory council that may directly and adversely impact the operation of the Franchisee's Cable System in the City or that may adversely impact the rights or obligations of the City under this Ordinance or the Franchise Agreement and any and all responses, if any, to such filings. (4) Any and all notices of deficiency, forfeiture or documents instituting any investigation, civil or criminal proceeding issued by any state or federal agency regarding the Cable System, Franchisee or any Affiliate of Franchisee, provided, however, that any such notice or documents relating to an Affiliate of the Franchisee need be provided only to the extent the same may directly and adversely affect or bear on operations of the Franchisee in the City. For example, a notice that an Affiliate that has a management contract for the Cable System located in the City was not in compliance with the FCC's EEO requirements would be deemed to affect or bear on operations in the City. (d) The Franchisee shall, upon written request, furnish to the City such additional reports as a Franchisee may prepare as a customary business practice with respect to its operations of the Cable System, which in the City's discretion are reasonable and necessary for the administration and/or enforcement of this Ordinance. ( e) A Franchisee shall provide the City, within thirty (30) days of filing or receipt of any petition or filings with any federal, state, or local agencies or courts, which may, in the reasonable judgment of the Franchisee, adversely impact the construction, operation or maintenance of Franchisee's Cable System, affect City and/or Subscribers regarding this Ordinance or a Franchise Agreement, including, but not limited to, any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy. In any administrative or legal proceeding in which Franchisee is a party, which in the reasonable judgment of Franchisee adversely impacts the construction or operation of its Cable System in the City, Franchisee shall provide a copy of any filed document that is available for public dissemination, upon written request of the City, within five (5) days. To the extent the City desires and may properly participate in the proceeding, Franchisee agrees that it will not oppose any necessary extension or tolling of time that may allow the City's participation in such matter. However, the Franchisee may oppose or object to any extension of time that exceeds the period of time used by Franchisee to provide a copy of the requested filing to the City. (f) A Franchisee shall make a complete set of books and records available for inspection and audit by the City in Palm Beach County, for purposes of ascertaining compliance with this Ordinance and the Franchise Agreement, subject to Subsection (h) below. Such inspection and audit shall be upon reason_ able notice and d~~g_n~~~!_~__ -- --- --- --- ------ business hours. - U U -- __u__ - ----- (g) Any materials requested by the City which are deemed proprietary and confidential by Franchisee shall be made available for review and inspection by the City at a location in Palm Beach County (but not copying or removal, unless otherwise required by federal or state law, including but not limited to the public records law of the State of Florida). The City shall accord all books and records that it inspects under this Section the degree of confidentiality such books and records are entitled to under federal and state law. A Franchisee's books and records shall not constitute public records, except to the extent required by federal and state law. To the extent a Franchisee considers any books or records that it is required to produce to be confidential or otherwise protected from public disclosure, Franchisee shall designate which documents it views as protected and provide a written explanation to the City of the legal basis for Franchisee's claim of protection. Section 93.19. Customer Service Requirements. (a) A Franchisee shall maintain all parts of its Cable System in good condition and in accordance with standards generally observed by the cable television industry. Sufficient employees shall be retained to provide safe, adequate, and prompt service for all of its Subscribers and facilities. (b) Cable System Office. Unless this requirement is expressly waived or modified by a Franchise Agreement, a Franchisee shall maintain a Subscriber service center located within the City, which shall include a place where Subscribers may pay their bills, pick up and return converters or other equipment and initiate installations or other action with respect to Cable Service. This service office shall be open during Normal Business Hours, as defined below, which as of the effective date of this Ordinance, are from 8:00 a.m. to 5:30 p.m., Monday through Friday, and 9:00 a.m. to 1 :00 p.m. on Saturday. (c) Telephone Availability. Franchisee shall maintain a publicly-listed local, toll- free telephone number and employ a sufficient number of telephone lines, personnel and answering equipment or service to allow reasonable access by Subscribers and members of the public to contact the Franchisee on a full-time basis, twenty-four (24) hours per day, seven (7) days per week including holidays. Knowledgeable, qualified Franchisee representatives will be available to respond to Subscriber telephone inquiries, Monday through Friday from 8:30 a.m. to 8:00 p.m.; and on Saturday from 8 :30 a.m. until 5 :00 p.m. With respect to those calls received during the hours which Franchisee is not required to provide qualified Franchisee representatives under this subsection, an answering machine or service capable of receiving and recording service complaints shall be employed. Franchisee shall comply with the telephone answer time standards set forth in Subsection (d) below. (d) Franchisee shall answer all Subscriber service and repair telephone calls made under . Nonnar ö¡}erating-ConcHtions, --as· defined bclow, willlli1 -tlûity - (30) seconds, ---- -- including wait time and within an additional thirty (30) seconds to transfer the call. Under Nonnal Operating Conditions, Subscribers shall receive a busy signal less than three (3) percent of the time. These standards shall be met no less than ninety (90) percent of the time under Nonnal Operating Conditions, measured on a quarterly basis. ( e) Franchisee must meet each of the following standards no less than ninety- five (95) percent of the time under Nonnal Operating Conditions as measured on a quarterly basis: (1) Standard installation work shall be perfonned within seven (7) business days after an order has been placed except in those instances where a Subscriber specifically requests an installation date beyond the seven (7) business day period. "Standard" installations are up to one hundred and twenty-five (125) feet from the existing distribution System. If scheduled installation is neither started nor completed as scheduled, the Subscriber will be telephoned by an employee of the Franchisee the same day. If the call to the Subscriber is not answered, an employee of the Franchisee shall telephone the Subscriber the next day; (2) Excluding conditions beyond the control of the Franchisee, the Franchisee will respond to service interruptions promptly and in no event later than twenty- four (24) hours after the interruption becomes known. Other service problems will be responded to promptly and in no event later than forty-eight (48) hours after the problem becomes known. All service interruptions and service problems within the control of Franchisee will be corrected within seventy-two (72) hours after receipt of a complaint; (3) The appointment window alternatives made available for installations, service calls, repairs, and other installation activities will be either a specific time, a four-hour time block during Nonnal Business Hours, or at the election and discretion of the Subscriber, "all day;" (4) Franchisee may not cancel an appointment with a Subscriber after the close of business on the business day prior to the scheduled appointment; and ( 5) If, at any time, an installer or technician is running more than 30 minutes late for a scheduled appointment, an attempt to contact the Subscriber will be made and the appointment rescheduled as necessary at a time which is convenient for the Subscriber. (f) For purposes of this Section 93.19, the term "Normal Business Hours" shall mean those hours during which most similar businesses in the community are open to serve Subscribers, which as of the effective date of this Ordinance, are from 8 :00 a.m. to 5:30 p.m., Monday through Friday, and 9:00 a.m. to 1 :00 p.m. on Saturday, or as otherwise defined by the FCC. In aIr cases, NormaTI3usméss Hours- shaIfinclilrle- either--- - some evening hours at least one night per week or some weekend hours. The tenn "Normal Operating Conditions" means those service conditions which are within the control of the Franchisee, or as otherwise defined by the FCC. Those conditions which are not within the control of the Franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the Franchisee shall include, but are not limited to, special promotions, pay-per-view events, rate increase, regular peak or seasonal demand periods, and routine maintenance or upgrade of the Cable System. (g) Disconnection. (1 ) Voluntary Disconnection. a. A Subscriber may terminate service at any time. b. A Franchisee shall promptly disconnect any Subscriber who so requests from the Franchisee's Cable System. No period of notice prior to voluntary termination of service may be required of Subscribers by any Franchisee. So long as the Subscriber returns equipment to Franchisee's service center located in the City or makes available to Franchisee to pick up within three (3) business days of the disconnection, no charge may be imposed by any Franchisee for such voluntary disconnection or for any Cable Services delivered after the date of disconnection request. c. A Subscriber may be asked, but not required, to disconnect the Franchisee's equipment. d. Any security deposit and/or other funds due the Subscriber shall be refunded on disconnected accounts after the converter has been recovered by the Franchisee. The refund process shall take a maximum of forty-five (45) days from the date disconnection was requested to the date the Subscriber receives the refund. (2) Involuntary Disconnection. If a Subscriber fails to pay a monthly Subscriber or other fee or charge, the Franchisee may disconnect the Subscriber's service outlet; however, such disconnection shall not be effected until forty-five (45) days after the date on which the applicable monthly bill was sent to the Subscriber and advance written notice of intent to disconnect to the Subscriber in question. The notice of delinquency and impending tennination may be part of a billing statement provided that the message is in bold or large type or other similar manner designed to bring the information to the Subscriber's attention. If the Subscriber pays within forty-five (45) days after the date on which the applicable monthly bill was sent and after notice of disconnection has been given, the Franchisee shall not disconnect. After disconnection, upon payment by the Subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the Franchisee shall promptly reinstate Cable Service. Franchisee reserves the right to deny Cable Service to any Subscriber who has been repeatedly disconnected for nonpayment of such services to the extent such rights are consistent with applicable state and federal law . (3) With respect to any disconnection, whether requested or involuntary,ã-Prancliìsee snaIr complY-willi -t1ie-rules-ãIia--reguläfiOns--ortñe-FCC-änã--~-n applicable law regarding ownership, sale, removal and abandonment of home wiring. (h) Franchisee shall intentionally interrupt service only for good cause and for the shortest time possible. Franchisee shall use its best efforts to insure that such interruptions shall occur only during the hours of 1 :00 a.m. to 6:00 a.m. Franchisee shall maintain a written log for all intentional service interruptions. (i) Franchisee shall notify the City Manager or designee immediately if a service interruption affects two hundred (200) or more Subscribers for a time period greater than four (4) hours. (j) Franchisee shall cause all its field employees to wear a picture identification badge indicating their employment by Franchisee. This badge shall be clearly visible to the public. (k) A Franchisee shall develop written procedures for the investigation and resolution of all Subscriber or City resident complaints that are received by the City. Such procedures shall be submitted to the City Manager or designee. A Subscriber or City resident who has not been satisfied by following the Franchisee's procedures may file a written complaint with the City Manager or designee who will investigate the matter and in consultation with the Franchisee, as appropriate, attempt to resolve the matter. A Franchisee's perfonnance in resolving Subscriber and resident complaints in a fair and equitable manner will be considered in connection with the Franchisee's renewal application. Franchisee shall maintain a complete list of all complaints received during the previous twelve (12) months from Subscribers that required a service call and were not resolved within seven (7) days of receipt and the measures taken to resolve them. This list shall be compiled on a quarterly basis and, if such unresolved complaints exist, submitted to the City upon request. In providing such infonnation, Franchisee shall be obligated to protect Subscriber privacy in accordance with federal law . (1) Franchisee shall pennit the City Manager or designee to inspect and test the Cable System's technical equipment and facilities upon reasonable notice which shall be not less than seventy-two (72) hours except in the case of an emergency, as detennined by the City Manager or designee. (m) Franchisee shall abide by the following requirements governing communications with Subscribers, bills and refunds: (1) Each Franchisee shall provide to Subscribers written infonnation in each of the following areas at the time of installation, or at least once annually, and at any future time upon request by the Subscriber: a. How to use the Cable Service; b. Installation and service maintenance policies; c. The products and services offered; d. Prices and service options; e. CfÚumeC posiiions--or-programming-camed ---on--the -- Cable---- - System; f. The Franchisee's procedures for the receipt and resolution of Subscriber complaints and the Franchisee's address and telephone number to which complaints may be reported if not otherwise provided. g. The telephone number and address of the City's office designated to handle cable television complaints and inquiries; h. The availability of a "lock-out" device; i. The Franchise's information collection and disclosure policies for the protection of a Subscriber's privacy. (2) In addition, each Franchisee shall provide written notice in its monthly billing, at the request of the City Manager, of any City meeting regarding requests or applications by the Franchisee for renewal, transfer or modification of its license. The City Manager shall make such a request in writing, with reasonable notice prior to the mailing of any billing by Franchisee, such that Franchisee's regular billing cycle shall not be interrupted. To the extent that any notice requested by the City would exceed the messaging limitations of the Franchisee's billing system and would thus cause the Franchisee to print and insert a separate document into the bill, the City may be requested to pay printing costs and incremental postage expenses for such notice. (3) Franchisee's bills will be clear, concise and understandable. (4) Refund checks will be issued promptly, but no later than the earlier of forty- five (45) days or the Subscriber's next billing cycle following the resolution of a refund request, or the return of the equipment supplied by the Franchisee if Cable Service is terminated. (5) Credits for service will be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. (6) A Franchisee shall provide Subscribers, the City Manager, and the City Commission with at least thirty (30) days' advance written notice of any changes in rates, charges, channel lineup, or initiations or discontinuations or changes of Cable Services offered over the Cable System if such change is within the control of the Franchisee, and in accordance with FCC regulations. (n) A Franchisee shall, upon an affected Subscriber's request, provide a pro-rated 24-hour credit to the Subscriber's account for any period of four (4) hours or more within a 24-hour period during which a Subscriber experienced an outage of service or substantial impairment of service, whether due to a Cable System malfunction or other cause. (0) Billing. (1) The Franchisee's ~r~~_~ill!!l~__~!a~e:I!l~I!!!\ª~r _~ ~ew ~ ~i!l~!ªJlaJiº!!_ºL______ ~ service change shall be pro-rated as appropriate and shall reflect any security deposit. (2) The Franchisee's billing statement must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (3) The Franchisee's billing statement must show a specific payment due date. Any balance not received by the due date may be assessed a late charge consistent with applicable law. The late charge will appear on the following month's billing statement. a. Franchisee shall provide reasonable notice to the City and Subscribers of the amount of any processing fees for late payments and the manner of imposing such fees. Any late fee that may be imposed shall be in an amount and manner consistent with applicable state and federal law. Late charges on unpaid bills shall not exceed Five Dollars ($5.00). Such fee shall be deemed to represent the Franchisee's reasonable administrative costs, and in no event shall exceed eighteen percent (18%) per annum on the unpaid balance or the maximum amount of interest allowed by law. If a Subscriber disputes a bill on or before the due date, the Franchisee shall waive a late fee during the period until a final resolution of the dispute is agreed upon between the Franchisee and the Subscriber. b. Subscribers shall not be charged a late fee or otherwise penalized for any failure by the Franchisee, its employees, or contractors, including failure to timely or correctly bill the Subscriber, or failure to properly credit the Subscriber for a payment timely made. (4) The Franchisee must notify the Subscriber that he or she can remit payment in person at the Franchisee's office in the City and infonn the Subscriber of the address of that office. (P) Alteration of Service. Except as incident to an upgrade or rebuild of the Cable System, a Franchisee may not substantially alter the Cable Service being provided to a Subscriber (including by re-tiering, restructuring a tier or otherwise) without the express affirmative permission of such Subscriber, unless it complies with this subsection. (1) If a Franchisee wishes to alter the Cable Service being provided to a Subscriber (including by re-tiering, restructuring a tier or otherwise) in such a way that the Subscriber will no longer be able to obtain the same package of Cable Services then the Franchisee must provide the Subscriber with thirty (30) days' notice of such alteration, explain the substance and the full effect of the alteration, and provide the Subscriber the right within the thirty (30) day period following notice, to opt to receive any combination of Cable Services offered by the Franchisee. (2) Except as provided herein or under applicable federal, state or local law, no charge may b-è made ror àny Cable servlce--i5r producf-wmcli-tlie S-uDscnDer----- has not affirmatively indicated, in a manner separate and apart from payment of the regular monthly bill that the Subscriber wishes to receive. (q) Franchisee shall certify in writing to the City as of January 1 st and July 1 st of each year, based upon internal due diligence by the Franchisee, that to the best of Franchisee's knowledge it is in substantial compliance with the standards set forth in this Section 93.19, said certification to be made as of a date within thirty (30) days of January 1st and July 1st. At the request of the City, for reasonable cause including but not limited to discrepancies between the reports provided to the City and the certification required herein, the Franchisee shall submit such documentation, as may be required, to demonstrate Franchisee's compliance with this Section 93.19. This documentation shall be submitted within thirty (30) days of the Franchisee's receipt of the City's request. (r) Notwithstanding anything to the contrary, Franchisee shall not incorporate within any bulk residential subscriber contract the term of the Franchise granted by the City as the length of the term of a bulk contract(s) Franchisee shall make available to all residential bulk Subscribers the same level of service provided to Franchisee's residential Subscribers in the City, including, but not limited to, the requirements of Section 93.19 herein, unless the parties to the bulk contract have expressly agreed otherwise in writing. (s) Responsibility for the administration of this Ordinance and any Franchise granted pursuant to this Ordinance, and for the resolution of all complaints against the Franchisee regarding the quality of service, equipment malfunctions, and related matters, is hereby delegated to the City Manager or his designee, who is empowered, among other things, to settle, or compromise any controversy arising from operations of the Cable System by Franchisee, either on behalf of the City or any Subscriber, in accordance with the best interests of the public. In cases where requests for service have been ignored or in cases where the service provided is alleged to be in non-compliance with this Ordinance or a Franchise Agreement, the City Manager or his designee shall have the power to require the Franchisee to provide service consistent with the terms of the Franchise, if in the opinion of the City Manager or his designee such request for service is reasonable. Any person aggrieved by a decision of the City Manager, including the Franchisee, may appeal the matter to the City Commission for hearing and determination. The City Commission may accept, reject or modify the decision of the City Manager. No adjustment, settlement, or compromise, whether instituted by the City Manager or by the City Commission, shall be contrary to the provisions of this Ordinance or any Franchise issued pursuant to this Ordinance and neither the City Manager nor the City Commission, in the adjustment, settlement, or compromise of any controversy shall have the right or authority to add to, modify or delete any provision of the Ordinance or of the Franchise Agreement, or to interfere with any rights of Subscribers or any Franchisee under applicable federal, or state law or private contract. (t) The City Manager or designee shall have the authority to assess fines for violations of this Secffo1Ì 93.19iri accoi-âance -wìtli--the·schedule·seCûut-1)-èlow· or as --~- otherwise provided in a Franchise Agreement. The fines listed are to be assessed on a per violation basis with each day of a continuing violation constituting a separate violation, except for those customer service standards set forth in Subsections (d) and (e) above which are measured on a quarterly basis. With respect to such standards that are measured on a quarterly basis, the fines for such violations shall be assessed on a quarterly basis as follows; $5,000 per quarter if the Franchisee falls below such standards by 10% or less; $10,000 per quarter if the Franchisee falls below such standards by 20% or less and $15,000 per quarter if the Franchisee falls below such standards by 25% or more. For example, if Franchisee has answered the telephone standards set forth in Subsection (d) on a quarterly basis 75% of the time, instead of the 90% required herein, the quarterly fine shall be $10,000. Prior to assessing any fines set forth in the schedule below, the City Manager or designee shall following the procedures set forth in Section 93.25 of this Ordinance. SCHEDULE OF FINES Single Violation of: Maximum Fines (a) Section 93.19 (a), hereof. $ 500.00 (b) Section 93.19 (b), hereof. $ 500.00 (c) Section 93.19 (c), hereof. $as detailed above (d) Section 93.19 (d), hereof. $as detailed above (e) Section 93.19 (e)(1-5), hereof. $ as detailed above (f) Section 93.19 (g)(1-3), hereof. $ 250.00 $ 350.00 $ 350.00 $ 350.00 (g) Section 93.19 (h), hereof. (h) Section 93.19 (i), hereof. (i) Section 93.19 (j), hereof. G) Section 93.19 (k), hereof. $ 500.00 (k) Section 93.19 (m)(l-5), hereof. $ 250.00 ------~ - - --------- - -------- ----- (1) Section 93.19 (m)(6), hereof. $ 500.00 (m) Section 93.19 (n), hereof. $ 250.00 (n) Section 93.19 (0), hereof. $ 250.00 (0) Section 93.19 (P), hereof. $ 250.00 (P) Section 93.19 (q), hereof. $ 250.00 (q) Section 93.19 (s), hereof. $ 250.00 (1) Prior to assessing a fine, the City Manager or designee shall consider any justification or mitigating factor advanced in Franchisee's written response, including, but not limited to rebates or credits to the Subscriber, a cure or commencement of a cure of the violation, and the payment of any penalty to Palm Beach County for the same violation. The City Manager or designee may, after consideration of the response of the Franchisee, waive or reduce any proposed fine. (2) Subsequent to the notice of proposed fine to Franchisee and consideration of the Franchisee's response, if any, and after following the procedures set forth in Section 93.25 hereof, the City may issue an assessment of fine. Any fine will commence as of the date of the written notice specifying the violation at issue. The fine shall be paid within thirty (30) days of written notice of assessment to the Franchisee. The City may enforce payment of the refund or fine in any court having jurisdiction or if Franchisee challenges the assessment in a court of competent jurisdiction, within thirty (30) days of a final non-appealable decision that the assessment is valid. This fine shall constitute liquidated damages to the City for the violation and the City may enforce payment of the fine in any court having jurisdiction. It is the intent of the City to determine fines as a reasonable estimate of the damages suffered by the City and/or its Subscribers, whether actual or potential, and may include without limitation, increased costs of administration, enforcement and other damages difficult to measure. (3) Any Person who intentionally files a false complaint against a Franchisee shall be subject to a fine, payable to the City, in the amount of$50 for the first violation and $100 for each subsequent violation. (4) Intentional misrepresentation by a Franchisee in any response to a notice of proposed refund and/or fine shall be grounds for revocation of the Franchise. (5) In addition to complying with the customer service standards set forth in this Ordiiiarice-or -1i1- any - Fiáiicmselssuea-pursuanT1o---thìS-- Otâîhance~a--- - - Franchisee shall comply with all customer service standards applicable to Cable Systems of the FCC and any other applicable law governing the operations of the Cable System within the City. If during the term of any Franchise granted pursuant to this Ordinance, the FCC modifies the customer service standards applicable to Franchisee, the City may modify this Ordinance to reflect any such new customer service standards. (u) The City expressly reserves the right to consider violations of the customer service requirements in evaluating any renewal, modification or transfers of any Franchise Agreement. (v) The City and Franchisee recognize that the customer service standards set forth in this Section 93.19 reflect the current operating procedures of Franchisee. If Franchisee's current operating procedures change during the term of any Franchise granted pursuant to this Ordinance, the City agrees to meet with Franchisee to discuss appropriate modifications to such standards and to consider such reasonable modifications to the standards set forth herein as requested by a Franchisee to reflect any such new operating procedures. Upon request of the Franchisee, the City shall also discuss with Franchisee the need to continue such regulation in light of the competition that Franchisee may face in the provision of Cable Services to Subscribers and to consider such reasonable modifications to the customer service standards set forth herein in light of the competitive environment. Notwithstanding anything to the contrary, Franchisee shall be obligated to comply with this Section 93.19 unless modifications are agreed upon by the City and Franchisee in writing. Section 93.20. Subscriber Privacy. (a) A Franchisee shall at all times protect the privacy of all Subscribers to the full extent required by Section 631 of the Communications Act, 47 U.S.C. § 551 and state law. (b) Unless otherwise permitted by federal or state law, neither the Franchisee nor its agents or employees shall, without the prior and specific written authorization of the Subscriber involved, sell, or otherwise make available for commercial purposes the names, addresses or telephone numbers of any Subscriber or Subscribers, or any information which identifies the individual viewing habits of any Subscriber or Subscribers. Section 93.21. Discrimination Prohibited. (a) No Franchisee in its rates or charges, or in the availability of the services or facilities of its Cable System, or in any other respect, may unlawfully discriminate against any Subscriber, potential Subscriber, or group of Subscribers or potential Subscribers; provided, however, that a Franchisee may offer promotional or discount rates to certain, but not all, Subscribers for a limited time without violating the provisions of this Section 93.21. A Franchisee shall not deny, delay, or otherwise burden service or discriminate ag-ainst Sub-scribe-is ör~us-ers- öh -tlie-basis-of age;~race;--creeâ,--FétìgìÖff,-cotoî-;-~---- ~ sex, handicap, national origin, marital status, or political affiliation, except for discounts for senior citizens, the economically disadvantaged or handicapped that are applied in a uniform and consistent manner. A Franchisee may also offer bulk discounts to multiple dwelling buildings to the extent such discounts are otherwise permissible by law. (b) A Franchisee shall not deny Cable Service to any potential Subscriber because of the income of the residents of the area in which the Subscriber resides. (c) The Franchisee shall comply with federal, state and local laws and regulations governing equal employment opportunities, as the same may be from time to time amended. Section 93.22. Use of Streets. (a) Any pavements, sidewalks, curbing or other paved area taken up or any excavations made by a Franchisee shall be done under the direction of the City under permits issued for work by the proper officials of the City, and shall be done in such manner as to give the least inconvenience to the inhabitants of the City. A Franchisee shall, at its own cost and expense, and in a manner approved by the City, replace and restore any such pavements, sidewalks, curbing or other paved areas in as good a condition as before the work involving such disturbance was done, and shall also make and keep full and complete plats, maps and records showing the exact locations of its facilities located within the public Streets, ways, and easements of the City. (b) Except to the extent required by law, a Franchisee shall, at its expense, protect, support, temporarily disconnect, relocate, or remove, any of its property when required by the City by reason of traffic conditions, public safety, Street construction, Street resurfacing or widening, change of Street grade, installation of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of municipal or public utility improvements; provided, however, that the Franchisee shall, in all such cases, have the privilege of abandoning any property in place. (c) A Franchisee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting same, and the Franchisee shall have the authority to require such payment in advance, except in the case where the requesting person is the City, in which case no such payment shall be required. The Franchisee shall be given not less than five (5) calendar days' advance notice to arrange for such temporary wire changes. (d) A Franchisee shall have the authority to trim the trees or other natural growth upon and overhanging the Streets so as to prevent the branches of such trees :trom coming in contact with the wires, cables and other equipment of the Franchisee, except that, at the option of t~e_C_ity~ _~~~ 'trimming may be done by it or under its supervision and direction at the expense of the Francmsee.---- --- ( e) A Franchisee shall use, with the owner's pennission, existing underground conduits or overhead utility facilities whenever feasible. Copies of agreements for use of conduits or other facilities shall be filed with the City as required by the Franchise Agreement or upon City request. (f) All wires, cable lines, and other transmission lines, equipment and structures shall be installed and located to cause minimum interference with the rights and convenience of property owners. The City may issue such rules and regulations concerning the installation and maintenance of a Cable System installed in, on, or over the Streets, as may be consistent with this Ordinance and the Franchise Agreement. (g) All safety practices required by law shall be used during construction, maintenance and repair of a Cable System. A Franchisee shall not place facilities, equipment or fixtures where they will interfere with any gas, electric, telephone, water, sewer or other utility facilities, or obstruct or hinder in any manner the various utilities serving the residents of the City of their use of any Street or any other public rights-of- way. (h) A Franchisee shall, at all times: (1) Install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the City's Building Code and Electrical Safety Ordinances and any other applicable Building or Electrical Safety Code, and in such manner that they will not interfere with any installations of the City. (2) Keep and maintain in a safe, suitable, substantial condition, and in good order and repair, all structures, lines, equipment, and connections in, over, under, and upon the Streets, sidewalks, alleys, and public ways or places of the City, wherever situated or located. (i) On Streets where both electrical and telephone utility wiring are located underground, either at the time of initial construction of a Cable System or at any time thereafter, a Franchisee's cable shall also be located underground at the Franchisee's expense. Between a Street and a subscriber's residence, a Franchisee's cable must be located underground if both electrical and telephone utility wiring are located underground. If either electric or telephone utility wiring is aerial, a Franchisee may install aerial cable except where a property owner or resident requests underground installation and agrees to bear the additional cost of such installation over and above the cost of aerial installation. G) In the event the use of any part of a Cable System is discontinued for any reason so as to result in Franchisee's failure to provide service to any portion of its Franchise Area for a continuous period of twelve (12) months, or in the event such System or ~ropel"!l has been installed in any Street without complying with the requirements of this· OrdinanceOi- a Fiaiichisé- Agreemenf,òr-llie--Fráficmse--ñas-oeen---- terminated, canceled or expired, the Franchisee, within thirty (30) days after written notice by the City, shall commence removal from the Streets of all such property as the City may require. (k) The City may extend the time for the removal of Franchisee's equipment and facilities for a period not to exceed one hundred eighty (180) days, and, thereafter, such equipment and facilities may be deemed abandoned. (1) In the event of such removal or abandonment, the Franchisee shall restore the area to as good a condition as prior to such removal or abandonment. Section 93.23. Renewal of Franchise. Renewal shall be conducted in a manner consistent with Section 626 of the Communications Act, 47 U.S.C., § 546. The following additional requirements, unless in conflict with applicable law, shall apply: (a) Upon completion of the review and evaluation process set forth in Section 626(a)(I)(2) of the Communications Act, 47 U.S.C., § 546, should that process be invoked, the City shall notify the Franchisee by certified or registered mail that it may file a formal renewal application in the fonn of a renewal proposal. The notice shall specify the information to be included in the renewal Application and the deadline for filing the Application, which shall be no earlier than thirty (30) calendar days following the date of the notice. (1) The Application shall comply with the requirements of Section 93.08 hereof, to the extent applicable to franchise renewals and provide the specific information requested in the notice or such other infonnation as is reasonably designated by the City in the notice requesting a fonnal renewal proposal. If the Franchisee does not submit a formal renewal Application by the date specified in the City's notice to the Franchisee given pursuant to this subsection, which shall in no event be less than 120 days, the City may take such action as appropriate under law. (2) Upon receipt of the formal renewal Application, the City shall publish notice of its receipt and make copies available to the public. The City, following prior public notice of no less than ten (10) days, may hold one or more public hearings on the renewal Application. (b) After the public hearing(s) on the renewal Application is held, the City Commission may either award a Franchise pursuant to a request for proposal, and thereby renew the Franchise; or only after a public hearing, properly noticed, pass a resolution that makes a preliminary assessment that sets forth the grounds that the Franchise should not be renewed. ( c) If a preliminary assessment is made that a Franchise should not be renewed,· at the request ûfThe Fiancmsee-o¡,··on-ífs ownImtIatiVe, tlleCîtywIlI commence _____n. a proceeding in accordance with Section 626(c) of the Communications Act, 47 V.S.C., § 546(c) to address the issues set forth in Section 626(c)(I)(A)-(D) of the Communications Act, 47 V.S.C., § 546(c)(I)(A)-(D). Any denial of a proposal for renewal that has been submitted in compliance with 47 V.S.C. § 546(b) shall be based on one or more adverse findings made with respect to the factors described in 47 V.S.C. § 546(c)(1)(A)-(D), pursuant to the record of proceedings under 47 V.S.C. § 546(c). The City shall not base a denial of renewal on a failure to substantially comply with the material terms of the Franchise under Section 546( c )(1 )(A) or on events considered under Sec- tion 546(c)(I)(B) unless the City has provided the Franchisee with notice and opportunity to cure, or in any case in which it is documented that the City has waived its right to object, or the Franchisee gives written notice of a failure or inability to cure and the City fails to object within a reasonable time after receipt of such notice. (d) Any request to initiate a renewal process or proposal for renewal not submitted within the time period set forth in Section 626(a) of the Communications Act, 47 V.S.C., § 546(a), or submitted within such time frame and the parties agree that the informal process shall be first initiated, shall be deemed an informal proposal for renewal and shall be governed in accordance with Section 626(h) of the Communications Act, 47 D.S.C., § 546(h). The City may hold one or more public hearings or implement other procedures under which comments from the public on an informal proposal for renewal may be received. Following such public hearings or other procedures, the City Commission shall determine whether the Franchise should be renewed and the terms and conditions of any renewal. If the City Commission grants a renewal Application, the City and the Franchisee shall agree on the terms of a Franchise Agreement, pursuant to the procedures specified herein, before such renewal becomes effective. ( e) If renewal of a Franchise is lawfully denied, the City may acquire ownership of the Cable System or effect a transfer of ownership of the Cable System to another person upon approval of the City Commission pursuant to Section 547 of the Communications Act. The City may not acquire ownership of the System or effect a transfer of ownership of the Cable System while an appeal of a denial for renewal is pending in any court pursuant to the Communications Act, 47 V.S.C. § 546(e). (f) Ifrenewal of a Franchise is lawfully denied and the City does not purchase the Cable System or approve or effect a transfer of the Cable System to another Person, and no appeal to a court is pending, the City may require the former Franchisee to remove its facilities and equipment at the former Franchisee's expense. If the former Franchisee fails to do so within a reasonable period of time, the City may have the removal done at the former Franchisee's and/or surety's expense. Section 93.24. Transfers. (a) No transfer, sale or assignment of any interest in a Franchise shall occur without prior City approval, which shall not be unreasonably withheld. (b) An--Appi1cation--for~~a-trinsfer:--sare--or-assTgnment-óf -anyîiiteresrora-~---- Franchise shall meet the requirements of Section 93.08 hereof: and provide complete information on the proposed transaction, including, but not limited to, details on the legal, financial, technical and other material and lawful qualifications of the transferee, and on the potential impact of the transfer on subscriber rates and service. Except in the case of a pro forma transfer as defined herein, the Application shall provide, at a minimum, the information required in Section 93.08 or such other information as is specified in a Franchise Agreement in lieu of the information required in Section 93.08. Upon written request, the Applicant shall provide to the City as additional information any and all written information, other than the information required to be provided by this Ordinance and the Franchise Agreement, that has been provided to Palm Beach County in connection with the transfer if such information is relevant to the City. The City hereby reserves the right to request such additional information as it may reasonably require to consider the Application, however, such requests shall not have the effect of tolling the 120 day automatic approval period provided by federal law. However, nothing herein shall be deemed a waiver of the City's right to deny approval of a transfer within the 120 day period. (c) The Application process shall not include any pro forma transfers, as defined herein, that are related solely to any restructuring, recapitalization or refinancing which does not change the effective control of the Franchisee or to any mortgages and pledges of Franchisee's securities, but shall require proper notice to the City pursuant to the terms of the Ordinance or the Franchise Agreement. (d) In making a determination on whether to grant an Application for a transfer of a Franchise, the City Commission shall consider the legal, financial, technical and other lawful and material qualifications of the transferee to operate the Cable System; whether the incumbent cable operator is in substantial compliance with the material terms of its Franchise Agreement and this Ordinance and, if not, the proposed commitment of the transferee to cure such noncompliance; and whether operation by the transferee would adversely affect Cable Services to Subscribers. The City Commission shall not unreasonably withhold approval to any such transfer. (e) No franchise transfer Application shall be granted unless the transferee, if the Franchise holder, agrees in writing to abide by and accept all terms of this Ordinance and a Franchise Agreement, and to assume all obligations and liabilities of the previous Franchisee, whether known or unknown. If such transferee will not be the holder of the Franchise, such transferee will sign an acknowledgement ensuring compliance by the Franchisee with the Franchise Agreement and this Ordinance. The City shall certify to Franchisee, upon request, all issues of Franchisee's performance that are known and pending. (f) Subject to applicable law, approval by the City of a transfer of a Franchise does not constitute a waiver or release of any of the rights of the City under this Ordinance or the Franchise Agreement, whether arising before or after the date of the transfer. --- -----~- ~- --- - ---- ---- - - ~---- - --~---- -----~---- - (g) Pursuant to the procedures set forth in Section 93.25, failure to obtain the consent of the City with respect to this Section 93.24 may result in the imposition of liquidated damages in the amount of one thousand five hundred dollars ($1,500) per day for failure to receive such consent of the City for a transfer or change of control; provided, however, that no such liquidated damages shall be owed if the City's denial of consent is unlawful or unreasonable. Section 93.25. Franchise Violations. (a) In addition to any other remedies available at law or equity, the City may apply anyone or combination of the following remedies in the event a Franchisee violates a provision of this Ordinance or a Franchise Agreement after following the procedures set forth in Subsections (d-h) below. (1) Impose liquidated damages in an amount of not less than Two Hundred Fifty Dollars ($250) per day or part thereof per individual violation, or as otherwise expressly provided in this Ordinance or in a Franchise Agreement. Payment of liquidated damages by the Franchisee will not relieve the Franchisee of its obligation to comply with the Franchise Agreement and the requirements of this Ordinance, provided, however, that cure of the alleged violation and payment of liquidated damages pursuant to this section shall be considered full and final resolution of the alleged violation and may not be considered as an event of noncompliance for such period. (2) Revoke the Franchise pursuant to the procedures specified in Section 93.26 hereof. (3) In addition to or instead of any other remedy provided herein, the City may seek equitable relief from any court of competent jurisdiction. (b) In detennining which remedy or remedies are appropriate, the City shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations and such other matters as the City detennines are appropriate to the public interest. (c) Failure of the City to enforce any requirements of a Franchise Agreement or this Ordinance shall not constitute a waiver of the City's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. (d) If the City (or the City Manager or designee with respect to Section 93.19 of this Ordinance) believes that Franchisee has failed to perform any obligation under this . Ordinance or a Franchise Agreement or has failed to perfonn in a timely manner, the City shall notify Franchisee in writing, stating with reasonable specificity the nature of the alleged default. Franchisee shall have thirty (30) days from the receipt of such notice to: -(ff- - - Respond -to the -CitY,-contestiiig--ffie-crtY's- assertIon lliaflf défawr----- has occurred, and requesting a meeting in accordance with Subsection ( e), below; or (2) Cure the default (except Franchisee shall have ninety (90) days with respect to customer service standards measured on a quarterly basis); or (3) Notify the City that Franchisee cannot cure the default within the thirty (30) days (or ninety (90) days where applicable), because of the nature of the default. In the event the default cannot be cured within the applicable time frame, Franchisee shall promptly take all reasonable steps to cure the default and notify the City in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City shall set a meeting in accordance with Subsection (e) below to determine whether additional time beyond the time specified above is indeed needed, and whether Franchisee's proposed completion schedule and steps are reasonable. (e) If Franchisee does not cure the alleged default within the cure period stated above, or by the projected completion date under Subsection (d)(3), or denies the default and requests a meeting in accordance with (d)( 1), or the City orders a meeting in accordance with Subsection (d)(3), the City shall set a meeting to investigate said issues or the existence of the alleged default. The City shall notify Franchisee of the meeting in writing and such meeting shall take place no less than thirty (30) days after Franchisee's receipt of notice of the meeting. At the meeting, Franchisee shall be provided an opportunity to be heard and to present evidence in its defense. (f) If, after the meeting, the City detennines that the Franchisee has corrected the violation or promptly commenced correction of such violation after notice thereof from the City and is diligently proceeding to fully remedy the violation, or that no violation has occurred, the proceedings shall tenninate and no penalty or other sanction shall be imposed. (g) If, after the meeting, the City detennine that a violation exists and that Franchisee has not corrected the same in a satisfactory manner or did not promptly commence and diligently process to correct the violation, the City may: (1) Impose penalties and/or liquidated damages in accordance with Subsection (a) above and withdraw such amount from the security fund required in this Ordinance or a Franchise Agreement as monetary damages; (2) Recommend the revocation of this Franchise pursuant to the procedures in Section 93.26 below; or (3) Recommend any other legal or equitable remedy available under J . this Franchise or any applicable law. (h) If the City (or the City Manager or designee in the case of fines assessed in accordanc~ wjtlLSection 93.19 of this Ordinance) elects to assess liquidated damages in ----- - ------ ----- - - --- - - - --- --- -- - ------- -------~ accordance with this Section 93.25, then such electlon-shalrbarihe-CífjTrom mstltüffi1g--- revocation proceedings for a period of one hundred twenty (120) days. Thereafter, if the Franchisee remains in non-compliance with the requirements of this Ordinance or a Franchise Agreement, the City may institute revocation proceedings against the Franchisee in accordance with the provisions of Section 93.26 below. (1) Notwithstanding anything to the contrary, any fines/liquidated damages imposed herein shall be calculated as accruing from the date of written notice to the Franchisee of the violation. (2) The detennination as to whether a violation of this Franchise has occurred shall be within the discretion of the City Commission, provided that any final detennination may be subject to appeal to a court of competent jurisdiction under applicable law. Section 93.26. Revocation. (a) The City may revoke and rescind all rights and privileges associated with a Franchise in the following circumstances, each of which represents a material breach of this Franchise: (1) If Franchisee fails to perform any material obligation under this Ordinance or in a Franchise Agreement between under the City and Franchisee; (2) If Franchisee willfully fails for more than forty-eight (48) hours to provide continuous and uninterrupted Cable Service; (3) Subscribers; or If Franchisee practices any fraud or deceit upon the City or (4) If Franchisee willfully makes a material misrepresentation of fact in the Application for or negotiation of a Franchise, a renewal or a transfer. (b) Prior to forfeiture or termination of the Franchise, the City shall give written notice by certified mail to the Franchisee of its intent to revoke the Franchise. The notice shall set forth the exact nature of the noncompliance. If within thirty (30) days following receipt of such written notice from the City to the Franchisee, the Franchisee has not cured such violation or breach, or has not entered into a written agreement with the City on a program to cure the violation, or has not demonstrated that the violation is incurable, or has filed a written response to the City demonstrating that no violation has occurred, the City t I 1 , may then seek a termination of the Franchise by the City Commission in accordance with this subsection. (c) _ __A!ty_~!"()~~~~ng ~~eI' the subsection above shall be conducted by the City Commission and open to the public. FIincmsee-ih3:Iroe-iffordeaãf least-t1ûny(30y-days---- prior written notice of such proceeding. (1) At such proceeding, Franchisee shall be provided a fair opportunity for full participation, including the right to be represented by legal counsel, to introduce evidence, and to question witnesses. A complete verbatim record and transcript shall be made of such proceeding and the cost shall be shared equally between the parties. The City Commission shall hear any Persons interested in the revocation, and shall allow Franchisee an opportunity to state its position on the matter. (2) Within ninety (90) days after the hearing, the City Commission shall determine whether to revoke the Franchise and declare that the Franchise is revoked and the security fund forfeited; or if the breach at issue is capable of being cured by Franchisee, direct Franchisee to take appropriate remedial action within the time and in the manner and on the terms and conditions that the City Commission determines are reasonable under the circumstances. If the City determines that the Franchise is to be revoked, the City shall set forth the reasons for such a decision and shall transmit a copy of the decision to the Franchisee. Franchisee shall be bound by the City's decision to revoke the Franchise unless it appeals the decision to a court of competent jurisdiction within one hundred twenty (120) days of the date of the decision. (3) Franchisee shall be entitled to such relief as the Court may deem appropriate. ( 4) The City Commission may at its sole discretion take any lawful action which it deems appropriate to enforce the City's rights under the Franchise in lieu of revocation of the Franchise. (d) If the City revokes a Franchise, or if, for any other reason, a Franchisee abandons the Cable System, terminates or fails to operate or maintain service to its Subscribers for a period of thirty (30) days, the following procedures and rights are effective: (1) The City may require the former Franchisee to remove its facilities and equipment at the former Franchisee's expense. If the former Franchisee fails to do so within a reasonable period of time, the City may have the removal done at the former Franchisee's and/or surety's expense. (2) The City, by resolution of the City Commission, may acquire ownership, or effect a transfer of the Cable System, in accordance with Section 627 of the Communications Act. , f, , (3) If a Cable System is abandoned by a Franchisee, the City may sell, assign or transfer all or part of the assets of the System. ( e) Where the City has issued a Franchise specifically conditioned in the Franchise UAgreementupon U fhe-- comprefioii-ofConstrucfIon~~ System upgraâe-- or other specific obligation by a specified date, failure of the Franchisee to complete such construction or upgrade, or to comply with such other specific obligations as required may result in revocation of the Franchise, unless the City, at its discretion and for good cause demonstrated by the Franchisee, grants an extension of time. (f) No adverse action against a Franchisee may be taken by the City pursuant to this section except as consistent with the procedures set forth in this section or as otherwise provided by applicable law, including a noticed public hearing at which the Franchisee is given an opportunity to participate. Section 93.27. Continuity of Service Mandatory. (a) It is the right of all Subscribers to receive all available services from the Franchisee as long as their financial and other obligations to the Franchisee are satisfied. (b) In the event of a termination or transfer of a Franchise for whatever reason, the Franchisee shall ensure that all Subscribers receive continuous, uninterrupted service regardless of the circumstances. The Franchisee shall cooperate with the City to operate the System for a temporary period following termination or transfer as necessary to maintain continuity of service to all Subscribers. The temporary period will not exceed six (6) months without the Franchisee's written consent. During such period, the Cable System shall be operated under such terms and conditions as the City and the Franchisee may agree, or such other terms and conditions that will continue, to the extent possible, the same level of service to Subscribers and that will provide reasonable compensation to the cable operator. (c) In the event a Franchisee fails to operate the System for seven (7) consecutive days without prior approval of the City or without just cause, the City may, at its option, operate the System or designate an operator until such time as the Franchisee restores service under conditions acceptable to the City or until a permanent operator is selected. If the City is required to fulfill this obligation for the Franchisee, the Franchisee shall reimburse the City for all costs or damages resulting from the Franchisee's failure to perform. Additionally, the Franchisee will cooperate with the City to allow City employees and/or City agents access to the Franchisees' facilities and premises for purposes of continuing System operation. Section 93.28. Rates. (a) At such time as federal law permits rate regulation, the City reserves all rights to implement and impose such regulation, and may do so by amendment to this Ordinance, by separate ordinance, by amendment to a Franchise Agreement, or in any other lawful manner. (b) ~º1l}!!lgjJ:l~ !hi~ Ü!'~!:I!ance shall prohibit the City from regulating rates for cable services to the full extent permltfe(fbylaw~---~-- ~------- --- - _m_____ (c) Should a Franchisee desire to change any rate or charge, it shall comply with all laws with respect thereto. (d) Notwithstanding anything to the contrary, a Franchisee shall provide to the City Manager notice of any and all changes to all Subscriber rates no less than thirty (30) days prior to the effective date of such change. Section 93.29. Performance Evaluation. The City may conduct periodic, but not more than. once during any twelve (12) month period unless for specific cause, performance evaluations of a Franchisee as the City determines is necessary. A Franchisee shall cooperate with these evaluations reasonably and in good faith. If the City implements a survey of cable Subscribers in connection with a performance evaluation, the City may require a Franchisee to distribute the City's questionnaire to its Subscribers at the City's expense, provided that the Franchisee shall have the right to review the questionnaire prior to its distribution by Franchisee. Upon request and upon reimbursement of the City's copying costs, the Franchisee may inspect or receive copies of all responses. Section 93.30. Administration. (a) The City Manager, either directly or through a duly appointed designee, shall have the responsibility for overseeing the day-to-day administration of this Ordinance and Franchise Agreements. The City Manager or designee shall be empowered to take all administrative actions on behalf of the City, except for those actions specified in this Ordinance that are reserved to the City Commission. The City Manager or designee may recommend that the Commission take certain actions with respect to the Franchise. The City Manager or designee shall keep the City Commission apprised of developments in cable and provide the City Commission with assistance, advice and recommendations as appropriate. (b) To the extent permitted by federal and state law, the City Commission shall have the sole authority to regulate rates for cable services, grant Franchises, authorize the entering into of Franchise Agreements, modify Franchise Agreements, renew or deny renewal of Franchises, revoke Franchises, and authorize the transfer of a Franchise. Section 93.31. Force Majeure. · l . .. In the event a Franchisee's performance of or compliance with any of the provisions of this Ordinance or the Franchisee's Franchise Agreement is prevented by a cause or event not within the Franchisee's control, such inability to perform or comply shall be deem~º e_x_çu~~~ ~cL~~ _ ~~I!~!!~~S or sanctions shall be imposed as a result thereof; provided, however, that Franchisee-uses- aIr practlcaólemems·to- expeâîIîõtisIy~- . cure or correct any such inability to perform or comply. For purposes of this Ordinance and any Franchise Agreement granted or renewed hereunder, causes or events not within a Franchisee's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes, loss of utility service not as a result of any action or inaction by Franchisee and restraints imposed by order of a governmental agency or court (unless such order is procured at Franchisee's behest). Causes or events within Franchisee's control, and thus not falling within this section, shall include, without limitation, Franchisee's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of Franchisee's directors, officers, employees, contractors or agents. Section 93.32. Applicability . This Ordinance shall be applicable to all cable Franchises granted, renewed, modified or transferred on or after the effective date hereof, and shall apply to all cable Franchises granted prior to the effective date of this Ordinance, to the full extent permitted by state and federal law . Section 93.33. Municipal Cable System Ownership Authorized. (a) To the full extent permitted by law, the City may acquire, construct, own and/or operate a Cable System. (b) Nothing in this Ordinance shall be construed to limit or expand in any way the ability or authority of the City to acquire, construct, own and/or operate a Cable System to the full extent permitted by law. Section 93.34. Reservation of Rights. (a) The City reserves the right to amend this Ordinance as it shall find necessary in the lawful exercise of its police powers. (b) The City reserves the right to the extent permitted by applicable law to exercise the power of eminent domain to acquire the property of the Franchisee's Cable System. Nothing herein is intended to restrict or expand such rights as granted by the Constitution and laws of the State of Florida. (c) The City shall at all times have the right, upon reasonable notice and during normal business hours, to examine and copy a Franchisee's records and to inspect a Franchisee's facilities to the extent needed to monitor a Franchisee's compliance with 1 ¡ and performance under this Ordinance and the Franchisee's Franchise Agreement. However, the City shall not copy any records that have been identified as confidential and proprietary pursuant to Ch. 119 Florida Statutes. - - -- ---~-- ---------~-~ --~-~-~-~--- ~---- -- Section 93.35. Notices. All written correspondence between the City and Franchisee shall be delivered via hand delivery, certified mail or such other means so as to provide a return. receipt. Notice to the Franchisee shall be deemed effective upon written receipt. Notice to the City shall be effective upon written receipt by the City Manager. Section 2. Repeal of Conflicting Ordinances. Ordinance No. 18-03, in its entirety, and all pre-existing ordinances or resolutions or parts thereof conflicting or inconsistent with the provisions of this Ordinance are hereby repealed; provided, however, that nothing in this Ordinance shall be interpreted or construed to terminate or revoke the grant and subsequent amendment of Cable Television Franchise by City Ordinance No. 18-03, until or unless the aforesaid ordinances are superseded or repealed and a Franchise Agreement is entered into or renewed pursuant to this Ordinance. Section 3. Severability. If any part, section, subsection, or other portion of this Ordinance or any application thereof to any Person or circumstance is declared void, unconstitutional or invalid for any reason, such part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Ordinance, and all applications thereof not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City declares that no invalid or prescribed provision or application was an inducement to the enactment of this Ordinance, and that it would have enacted this Ordinance regardless of the invalid or prescribed provision or application. Section 4. Inclusion in the Code of Ordinances. It is the intent of the City of Delray Beach that specific authority is hereby granted to codify this Ordinance. The provisions of this Ordinance shall become and be made a part of the Code of Ordinances of Delray Beach, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "Ordinance" may be changed to "section," "Ordinances," or any other appropriate word or phrases in order to accomplish such intention. Section 5. Effective Date. This Ordinance shall take effect and be in force immediately upon its passage and adoption. PASSED AND ADOPTED in regular session on second and final reading on this the <i~of ,2005. .. \ ATTEST City Clerk First Reading Second Reading MAYOR City Of Delray Beach Department of Environmental Services M E M 0 RAN ~ D u M www.mydelraybeach.com FROM: David T. Harden, City Manager Richard C. Hasko, P.E., Environmental Services Director ~ TO: SUBJECT: CONSTRUCTION DELIVERY METHODS DATE: February 8,2005 As with many municipalities, our process for implementing capital infrastructure construction has traditionally been the Design/Bid/Build (DBB) method. The project is designed either in house or by a consultant, construction documents are published for solicitation of competitive bids, and a contractor is awarded the construction contract generally on a low bid basis. While this process has generally worked well in the implementation of our capital program, we do, on occasion, experience problems with contractors selected on the predominant basis of price. These issues usually relate to adequacy of resources to perfonn the work, experience in perfonning the work or financial condition of the finn. In view of this, and at the direction of Commission, we have investigated alternative methods of construction delivery. Two other methods currently in use by governmental agencies are Design/Build (DB) and Construction Manager (CM) at Risk. Under the Design/Build method, a design criteria package is prepared and advertised to solicit contractors to bid the work. The design criteria package basically describes the characteristics and parameters of the project, and the categories by which the contractor will be selected which are not limited to or predominantly based on price. There are no plans, specifications or bid documents prepared. Bidder responses are then reviewed by a selection committee similar to the process by which we select professional consultants. The successful contractor will be selected on the basis of qualifications to perfonn the work and not exclusively "low bid". Subsequent to contract award, the contractor is responsible for preparation of construction documents and, of course, the actual project construction activities. The CM at Risk method is similar to Design/Build in that the Construction Manager is selected on the basis of qualifications and not price. The successful contractor takes an active role in the preparation of construction documents, either working closely with the professional consultant, or perfonning value engineering activities if the plans are completed at the time of contracting. In addition to a negotiated contract administration fee, the CM enters into an agreement with the City to construct the project for a Guaranteed Maximum Price (GMP). The City pays only the actual construction cost of the project up to but not exceeding the GMP. If costs exceed the GMP, the contractor absorbs the overage. \ ~c.. A comparison of these three common project delivery methods indicates the following: · The traditional Design/BidIBuild method in most cases will probably result in the lowest project cost. This is, however, totally dependent on the quality of the contractor winning the bid. Some contractors will intentionally or through lack of experience, underbid projects. While their bid will appear to represent the best value, they will submit change orders and extras over the course of the project which will inflate the final project cost and, sometimes amount to more than other bids originally submitted for the work. There can also be other problems as previously described with contractors that cannot dedicate adequate resources to the project to complete it in a timely manner or are not financially viable. To a large extent, these issues can be minimized or avoided through the use of a prequalification process which staff is currently working to develop. · The Design/Build option offers the benefit of time savings in that the City does not have to include the eight to ten week advertising and bidding components of the traditional Design/Bid/Build process. Project cost is not the deciding parameter in selecting the contractor. Contractor selection is based on additional criteria and qualifications. Projects constructed using the DesignJBuild method can be cost effective relative to the value of the construction, however, the City sacrifices a good deal of control over the project. As long as the contractor conforms to the parameters detailed in the design criteria package and meets all building code requirements, he is free to specify such materials and construction methods as will benefit his profit margin. There remains the potential for change orders using this method as well if the City requires modifications during plan preparation and review that were not addressed in the design criteria package. Project costs may be maintained or reduced at the sacrifice of quality. · The CM at Risk option provides the best opportunity for the City to ensure a quality project by a quality contractor. Contractor selection is made exclusively on the basis of qualifications so there is no opportunity for underbidding to get the work. In addition, the participation by the CM in the design phase of the project has the effect of incorporating constructibility considerations into the planning process. This can ultimately result in cost savings when the construction project commences. This process has the benefit of providing the City with a guaranteed maximum cost for the project. Since the CM will be conservative in his estimating, this method can appear a bit more expensive, however, remember that the City will only pay the actual construction cost. There can also be a time savings realized using this option since the contractor solicitation process can occur simultaneously with plan preparation. Finally, because of the requirement for the CM to provide a GMP, the potential for change orders is greatly reduced. In conclusion, it may not be practical to implement alternate delivery methods for many of our underground infrastructure projects because of the nature of the work and relatively small magnitude of the projects. There may, however, be an application for the Design/Build or the CM at Risk methods in the context of vertical improvements such as the Old School Square Garage or perhaps even some of the City's planned parks projects requiring a variety of trades for construction of the improvements. Cc: Susan Ruby, City Attorney Brian Shutt, Asst. City Attorney [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE Da:d ;¡¡jr 1993 ß1 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM DATE: February 4, 2005 TO: City Commission David Harden, City Manager ~~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Ordinance No.9-OS. Construction Manaaer at Risk The attached ordinance amends Chapter 36 of the Code of Ordinances to provide that the City may use a Construction Manager at Risk contract on construction projects. The construction manager at risk contract is with an entity that replaces the general contractor. The CM at risk works for a fee with the City and its architect/engineer while developing a design. The CM at risk shall then provide the City with a guaranteed maximum price for the entire project. The CM at risk shall be selected by the City based on its qualifications. Our office requests that this item be placed on the February 15, 2005 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Richard Hasko, Director of Environmental Services ORDINANCE NO. 9-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", SECTION 36.05, "BIDDING PROCEDURES", CLARIFYING THE USE OF CONSTRUCTION MANAGEMENT AT RISK CONTRACTS; AMENDING SECTION 36.11 "DEFINITIONS", PROVIDING FOR THE DEFINITION OF CONSTRUCTION MANAGEMENT AT RISK CONTRACTS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission wishes to clarify the purchasing procedures regarding the use of Construction Management at Risk Contracts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH AS FOLLOWS: Section 1. That Chapter 36, "Finance; City Property Transactions", of the Code of Ordinances of the City of Delray Beach, Florida, Section 36.05, "Bidding Procedures", be and the same is hereby amended to read as follows: Sec. 36.05. BIDDING PROCEDURES. (A) Specifications. In the case of sealed competitive bidding for any purchase of, or to cover any contract for, the acquisition of goods, services, or structures, and regardless of the anticipated whole cost, the City shall furnish to each bidder a uniformly equal description, specification, or plan, together with specifically stated alternatives thereto, which will cover all aspects of type, kind, character, quality, or quantity of, and the maximum allowable time for the delivery of the goods, or the completion of the contract for which bids are invited. Furthermore, in the case that emergency requirements may render time, as such, to be of the essence of the contract, those original specifications (available to all bidders) shall contain a formula which evaluates time in terms of dollars per calendar day or fraction thereof, which may be properly used in effecting a determination of the lowest competent bidder, and which shall be the basis for the calculation of any penalties to be assessed against the contractor in a final settlement for his failure to meet the previously established completion time schedule. Where possible, specifications shall be those in general use in an appropriate trade or industry, and shall be referred to by name and title (as in the case of the standardized specifications issued by the American Society for Testing Materials). (B) Deposits, Penalty Bonds. Bidders may be required to make those deposits as may be deemed requisite to cover the cost of any plans or specifications; these deposits being redeemable upon application of the bidder when the plans and specifications are returned in acceptable order. Bidders may also be required to post penalty bonds as may be deemed necessary to protect the City fully in an eventuality as the inability of the vendor or contractor properly to fulfill the terms of the purchase order or contract for any and every reason. (C) One-Price, Cost-Plus, and Dollar Amount Bids and Construction Management at Risk Contracts. Invitations to bid shall define the nature of the bid in terms of these categories as a one-price bid, a cost-plus bid, cost-plus fixed fee bid, construction management at risk contract or a dollar amount as it may be determined by a stated formula (but only one category shall be defined in the invitation). (1) In the case of a one-price bid, the whole cost to the City shall be inclusive of all cost and expense elements as engineering, legal, or technical consultation fees, job- preparation expense, insurance premiums, shipping charges, stand-by time, and the living or traveling expenses of job personnel (although a detailed schedule of all costs and expenses shall not be required to be disclosed in the case of a one-price bid), together with a schedule of proposed terms of payment and any allowable discounts. (2) A cost-plus, ór any sliding scale, bid may be invited with the concerted approval of the City Manager and the Director of Environmental Services in the case of a proposed project for which reasonable cost or expense estimates do not appear feasible (as in the case of a project involving possible removal of unknown quantities of concealed rock). Under this circumstance, the bid shall set forth the total of all of the details of determinable costs and expenses together with schedules of the variable cost elements as unit-costs, per diem costs, and the like, as are required by the bid invitation. ill A construction management at risk contract shall be with a person/firm/company ("CM") that replaces the general contractor and works for a fee with the City and its architect/engineer through the design phase to contain the budget and schedule. The CM shall provide a guaranteed maximum price for the entire proiect and shall manage the contractor( s) for quality and schedule. The CM shall be selected by City based upon the qualifications of the CM as it pertains to the proiect that is to be constructed. Section 2. That Chapter 36, "Finance; City Property Transactions", of the Code of Ordinances of the City of Delray Beach, Florida, Section 36.11, "Definitions", be and the same is hereby amended to read as follows: Sec. 36.11. DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Change order. A written order or agreement signed and issued by the City, directing the vendor or contractor to make changes to the purchase of supplies, equipment, services or construction. 2 Construction Mana~ement at Risk Contract. Is a contract for the construction of a City proiect whereby the person/finn/company ("CM") that has entered into the contract with the City manages construction of the proiect by contractors and provides services such as estimating, scheduling, constructability review. and value engineering. Generally. the CM acts in a fiduciary capacity toward the City and the CM's compensation is limited to a guaranteed maximum price as defined in a contract and pavrnent of a management fee. Contract modification. Any written alteration in specifications, delivery point, rate of delivery, period of perfonnance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. Design-build firm. An individual, association, partnership, corporation, or other legal entity which: (i) Is certified under F.S. § 489.119 to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or (ii) Is certified under F.S. § 471.023 to practice or to offer to practice engineering; certified under F.S. § 481.219 to practice or offer to practice architecture; or certified under F.S. § 481.319 to practice or to offer to practice landscape architecture. Design-build contract. A single contract with a design-build finn for the design and construction of a public construction project. Design criteria package. Concise, perfonnance-oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient infonnation so as to pennit design-build finns to prepare a bid or a response to a request for proposal, or to pennit the City to enter into a negotiated design-build contract. The design criteria package shall specify perfonnance-based criteria for the public construction project, including, but not limited to, the legal description of the site, survey infonnation concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions of utilities, stonnwater retention and disposal, and parking requirements, as may be applicable to the project. Design criteria professional. An individual, association, partnership, corporation, or other legal entity who holds a current certificate of registration under F .S. Ch. 481, to practice architecture or landscape architecture or a finn who holds a current certificate as a registered engineer under F.S. Ch. 471, to practice engineering and who is employed by or under contract to the City for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 3 Section 4. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. final reading. That this ordinance shall become effective upon its passage on second and PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 2005. MAYOR ATTEST: City Clerk First Reading Second Reading 4 Message Page 1 of 10 Hasko, Richard ____~_____,_____~,________~______,_______________,_"""___,,__,___""'__'_H_'__'H'~'h"'___""__H'_""'''''''__~____ From: Ruby, Susan Sent: Friday, January 21, 2005 1 :39 PM To: Shutt, Brian; Hasko, Richard Subject: Emailing:08.htm .___ ' ,II . I' , . f.,. Fe(jeto¡ Hlgr-ì,^,OY Ärjq)I'1 shot1on TFHRC Home I FHWA Home I Feedbti ~- ~ ~~..---- P b ,. R d j¡"allil'm};' drr,/npml'fltt ¡If fì:d~TIÚ ;ì;~:'~' '" "', . U , C 0 a s JflKIt~'.H 'W¡I'·¡~".l'rf)J:,..mt, ani ~~-Li.J I'f'H'û{( It ami u. hn(fl(tJ(~ - !~ 'If: I. ~ '. -...! ARTICLES DEPARTMENTS July/August 2004 . Vol. 68 . No.1 July/August 2004 Guest Editorial Along the Road Internet Watch Communication Product Updates Training Update Conferencesl Special Events Calendar Megaproject Procurement: Breaking from Tradition by Gerald Yakowenko Looking beyond design-bid-build to find another project delivery method that's right for the megaproj ect. Previous Issues Su bscri pti ons Public Roads Home Many factors determine the success of a major project. But one factor that is increasingly important is the selection of the best and most appropriate project delivery method or combination of methods-the system that sets the contractual arrangements for project design, construction, and in some cases, operations and maintenance. It is vital that megaproj ect managers establish an acquisition strategy early in project development because of the direct bearing on both the management's organization of roles and responsibilities and risk ownership allocation between the public and private sectors. UHS C!eatlve ,'maglng GrvlJpÆarlJ1 Tech The future Miami Intermodal Center, shown here from above, is the first major transportation project to use the construction manager-at-risk approach to project delivery. Although contracting agencies historically have required the use of the traditional project delivery method known as "design-bid-build," the tide is shifting. More innovative project delivery methods are finding their way into transportation 2/8/2005 Message Page 2 of 10 construction projects and changi ng how major projects are carried out. Under the traditional design-bid-build approach, the contracting agency, or its designated engineering cons ultant, designs the project and prepares the construction contract documents. The construction contract then is bid publicly and awarded to the lowest responsive bidder. Over time, some in the industry have raised concerns about the efficiency of this contracting method in terms of project cost, schedule, and productivity. In response, the Federal Highway Administration (FHW A) initiated an experimental program in 1990, called the Special Experimental Project No. 14 (SEP-14) Innovative Contracting Practices. This experimental program enables States to evaluate nontraditional contracting methods that are not in full compliance with FHWA's contracting policies but provide an open, competitive procurement. Under SEP-14, project owners seeking Federal aid may apply for approval to use nontraditional construction contracting techniques-methods of award other than the lowest responsive bid-to implement value-oriented procurement processes. Project Delivery Methods Several public agencies have applied nontradit ional project delivery methods to major projects in the United States by using this new flexibility in contracting practices. Two such methods are "design-build" and "construction manager-at- risk." Each of these delivery methods offers certain advantages and disadvantages in comparison with the traditional design-bid-build method. However, the appropria te use of a particular method will depend on many factors, including the project budget, schedule, risk allocation, the contracting agency's level of expertise, and the ability of the owner to define the scope of work clearly. No single project delivery strategy is appropriate for all major projects, and contracting agencies should consider the merits of each method in relation to their project needs. (See "Key Considerations in Selecting Project Delivery Methods".) Key Considerations in Selecting Project Delivery Methods There is no one-size-fits-all delivery method for every project. In selecting a project delivery system that is right for a project, owners should gauge the level of complexity and uniqueness of the project, and maintain an appropriate level of control. Below are some key factors to consider: · Size of Project. The more complex and costly a project, the greater the need for professional management and advice. · Owner Capabilities. Realistically assess in-house capabilities in evaluating project procurement methods and construction management capabilities. · Time Considerations. If the project needs to be constructed in a severely compressed timeframe, methods adaptable to fast-track construction should be considered, but also weighed against the increased cost and risk of fast tracking. · Likelihood of Changes. If the scope of work cannot be defined adequately or if requirements are likely to change considerably during the project, this factor should be evaluated against the potential cost of such changes. · Risk Allocation. The contracting agency should perform a study to 2/8/2005 Message Page 3 of 10 assess the appropriate allocation of risk associated with all phases of the project development process and the costs associated with this allocation. Although many owners have some experience in using design-build, this is a relatively new delivery system for most transportation agencies. Design-build uses a single contract for both the design and construction of a project. From the owner's perspective, the concept of having one firm responsible for both design and construction is appealing. On the other hand, the construction manager-at- risk method provides the contracting agency with the services of a construction management firm that will typically provide recommendations for the project schedule, budget, and constructability during the design phase. In addition, the contracting agency and the construction manager typically agree on a guaranteed maximum price for the construction of the project and then the construction manager becom es responsible for issuing subcontracts and managing all construction, just as a prime contractor would under the traditional design-bid-build method. Both alternatives allow construction to start as the design proceeds and can reduce project cost and duration. FDOT. Dfstm:;1 Sv(/ Earth Tech This panoramic photo shows the future site of the rental car facility that will be one component of the MIC project in Miami- Dade County, Fl. The facility represents work that will be completed under the first contract packag e, using the construction manager-at-risk delivery method. Sticking to Tradition The traditional design-bid-build method is the most popular project delivery system. It is intended to minimize risk to the contractor by defining all of the construction requirements in the plans, specifications, and contract documents. In this method, the project owner may contract with a consulting engineering firm to design the complete facility and prepare t he contract documents. The contracting agency then solicits bids and awards a construction contract to the lowest respons ive bidder. Because of its wide use and acceptance, the traditional des ign-bid-build system is well understood with well-established and clearly defined roles for the contracting agency and the contracting industry. The design-bid-build method was used in the Nation's first megaproject, Boston's Central ArterylTunnel (CAIT or the "Big Dig") Project. Managed by the Massachusetts Turnpike Authority, the project now totals $14.6 billion and is in its 13th year of construction. The Big Dig's major com ponents include: . Replacement of the 6-lane elevated highway with an 8- to 10-lane underground ex pressway directly beneath the existing road, culminating at its northern limit in a 14-lane, 2-bridge crossing of the Charles River. . Extension of Interstate 90 (the Massachusetts Turnpike) from its former terminus south of downtown Boston through a tunnel beneath South Boston and Boston Harbor to Logan Airport. "When the preliminary engineeri ng on the Big Dig started in the 1980s, the 2/8/2005 Message Page 4 of 10 Massachusetts Highway Department had strict bidding requirements governed by Massachusetts law," says Carl Gottschall, project administrator at FHWA's Massachusetts Division Office. "Design-bid-build was our only option for project delivery-but that's not to say that it wasn't the right one." è- C;: ~ ~ t a. E .:: œ Å ~ :::) s: tJ ~ o .OJ ~ The Central Artery/I-93 in Boston, shown here, carried 190,000 vehicles per day, two and half times its original capacity. The Central Artery/Tunnel Project which replaces the elevated highway with a tunnel is the Nation's first transportation megaproject. The project team is using the traditional desig n-bid-build method of delivery . Located in the downtown of an old city, the Big Dig is "one of the most technically difficult and environmentally challenging infras tructure projects ever constructed," says Gottschall. Over time, the project's scope, cost, and schedule expanded considerably from original estimates, and the environmental review process took roughly 10 years. Inflation also added a considerable amount to the project cost over the more than 20-year period it is taking to complete the project. Given the value of the properties that were in the paths of the new roads, project development engineers worked not only with environmental and other oversight and permitting agencies, but also with community groups, businesses, and political leaders to create consensus on how the project could, should, and would be built. "Overall, I think that design-bid-build was the most cost-effective project delivery method, given that the project was so large and complex," says Gottschall. "Building such infrastructure within a dense urban core-where extensive changes in project scope were inevitable-would have made it almost impossible to pin down a price upfront." Michael Lewis, director of the design unit for the CAIT project, agrees: "Design- bid-build provided the owner with flexibility to modify the project in response to environmental, political, and community issues." He adds, "A contractor would 2/8/2005 Message Page 5 of 10 have found it very difficult to react to such intrusions." Despite the greater rigidity of that approach, design-bid-build provided enough room to expedite the project schedule and allow innovative design. The Massachusetts Turnpike Authority was successful in im plementing a value engineering program for various phases of the project development. Innovations were proposed and evaluated based on merit (that is, cost, schedule, and quality). In addition, value engineering change proposals, submitted by construction contractors, also contributed to improved quality and cost savings. "Still," says Lewis, "while design-bid-build didn't close the door on innovation, there may have been opportunities for additional innovat ion using alternative project delivery systems." According to Lewis, certain segments-such as those that were particularly challenging from a technical perspective-could have benefited from a different style of delivery. Likewise, since the interface between design and construction was so important, increased collaboration between the design and contracting communities might have led to more efficient solutions. Lewis notes that other project delivery methods require less hands-on management by the owner and less mediation of the disputes that often arise between des igners and constructors. "Overall, design-bid-build was the right solution for the project as a whole," says Lewis, "but we would have benefited if the whole spectrum of delivery options had been available to us to use on individual project components with unique challenges." Another Option: Design-Build With the design-build project delivery method, the project owner selects an organization to com plete both design and construction under a single contract. Specifically, once the contracting agency identifies the end result parameters and establishes the design criteria, the prospective design-builders develop proposals that optimize their construction abilities. The contracting agency then typically conducts a best value analysis, based on cost and technical factors, such as design quality, timelines, and management capability. Once the contract is awarded, the design-builder becomes responsible for completing the design and all construction at the contract's fixed price, usually on alum p sum basis. The design-build contracting method enabled the contractor for Utah's 1-15 project to incorporate innovative building techniques such as mechanically stabilized earth (MSE) walls, like the one shown here. MSE walls afforded flexibility, 2/8/2005 Message Page 6 of 10 given the expected amount of settlement under embankments and fills. Design-build enables owners to fix total project costs earlier in the project development process and may simplify and expedite project administration because des ign and construction are completed by a single entity. By fostering collaboration between designers and contractors, construction knowledge can be incorporated into design. Additionally, by giving the contractor more flexibility in the selection of design, materials, and construction methods, this method allows the design-builders to provide innovation in the preliminary design. The first major project to seek and win SEP-14 approval to use design-build was the Interstate 15 Corridor Reconstruction Project (1-15 Project) in Salt Lake City, UT. This $1.59 billion project included the reconstruction and expansion of 27 kilometers (17 miles) of interstate, 144 bridges, and 3 major interchanges. Originally, a consulting firm hired by the Utah Department of Transportation (UDOT) estimated that the project would require betw een 8 and 10 years to construct using the design-bid-build contracting method. Six years later, in January 1996, after opinion surveys had indicated that the public preferred timelier construction (with more traffic disruption in less time rather than less traffic disruption over more time), and after Salt Lake City had been awarded the 2002 Winter Olympic Games, UDOT decided to use design-build instead. "Utah needed to shorten the overall project duration and also hoped to promote innovation and improved performance," says Michael Morrow, field operations engineer at FHWA. "Design-build appeared to be the only contracting tool to get the job done." UDOT provided proposers with "30-percent plans"-meaning that the entire job was designed to the 30-percent draft stage-which included alignment of the 1- 15 Project and extensive geotechnical investigations. This work enabled UDOT to identify conflicts with utilities and railroad s and determine the additional right- of-way clearances that would be needed. The agency selected the team whose proposal was considered to be the best value. "The best value selection process allowed UDOT to select the proposal that would create the most long-term value for its constituency," says Thomas Warne, former executive director of UDOT during the construction of the 1-15 Project and current president of a management and marketing consulting firm. "The process creates an environment where contractors provide additional or enhanced work products for an equal or lower price." In 1997, after the State obtained almost 400 right-of-way clearances and passed special legislation to use design-build, the project was awarded to a joint venture design-build firm. To provide appropriate design services for the 1-15 Project, the contractor subcontracted with more than 20 other firms to provide specific portions of the design services. To expedite construction, the contractor used a fast-track process that allowed partially completed design plans and specifications to be released for construction. The design-builder also was able to incorporate more innovative approaches into design and construction than would have been used under the traditional project delivery system. 2/8/2005 Message Page 7 of 10 .t;: ~ R" c: h ¡;: ~ ~ è ?' r An artist's rendering of the central station at the future Miami Intermodal Center shows a train passing through on the Earlington Heights Extension of Miami's Metrorail. The center links bus lines, Tri-Rail (commuter rail), and Amtrak®, along with Metrorail. Early in the planning process, the architect, engineers, contractor, and owner (FDOT) agreed on the budget, schedule, quality, and other factors-like the type of metal to use in the roof of the train station-to avoid unexpected surprises once the project is underway. "Design-build unleashed the creativity of the contractor to use construction methods previously not considered," says UDOT Executive Director John Njord. The company improved the seismic design criteria, for example, "and used new techniques to accelerate, reduce, or eliminate settlement," says Njord. In the end, the 1-15 Project was completed ahead of schedule and under budget. Use of design-build instead of design-bid-build saved the public an estimated 60 million vehicle hours of delay between 1996 and 2010. "For the 1-15 Project, design-build was clearly the right choice," says Njord. "UDOT gained a higher level of respect from the public by completing the work ahead of schedule and under budget." Although design-build was right for the 1-15 Project, it is not necessarily right for every project. Some projects, such as those with major unknow ns in scope, unresolved environmental or permitting issues, or third party concerns that are not resolved, may not be suitable candidates for design-build. "Design-build isn't for every project," says Warne. "But where there are schedule issues, opportunities for innovation, or cost concerns, design-build may be the delivery system of choice. " The design-build project delivery method currently is available as an approved method for all contracting agencies in the Federal-Aid Highway Program. New regulations released by FHWA in December 2002 now allow the use of design- build contracting for transportation infrastructure projects. FHW A's final rule on design-build contracting, which was required by the Transportation Equity Act for the 21 st Century (TEA-21), was published in the December 10, 2002, Federal Register. TEA-21 defined "qualified projects" as those whose total estimated costs exceed (1) $5 million for intelligent transportation system projects and (2) $50 million for all other projects. In the final rule, FHW A allows contracting agencies to use design-build for nonqualified projects under SEP-14, and the FHWA division offices are delegated this approval authority. 2/8/2005 Message Page 8 of 10 Construction Manager-at-Risk A third project delivery method, construction manager-at-risk (CM@Risk) is widely used in the vertical building industry but seldom used in transportation projects. In the CM@Risk delivery system, the construction manager prov ides advisory assistance to the owner prior to construction and also acts as a general contractor during construction. In the preliminary design phase, the manager offers advice on schedule, budget, and construction. The agency chooses a construction manager using qualifications-based selection procedures. Choosing a manager typically takes place at the same time or shortly after the contracting agency selects the consulting engineerin g firm, which will perform the project design. During the design phases of the project, the construction manager represent s the interests of the owner, providing valuable recommendations on constructability and cost reduction opportunities. When the design is partially complete (typically 50 to 90 percent), the construction manager submits a guaranteed maximum price to the owner and warrants that the project will be built at a price not to exceed that figure. The construction manager ass urnes the risk of meeting that price by functioning as a general contractor and subcontracting most, if not all, of the construction work. Because a commitment is made to the contractor earlier in the process and because the contractor assumes more risk than under traditional methods, upfront costs may be higher in comparison with the bid price of a traditional contract. Also, the contractual relationship between owner, designer, and construction manager can become strained once construction begins when the manager shifts from a professional advisory role of construction manager to the contractual role of general contractor. The first major project in which the construction manager-at-risk approach was implemented was the Florida Department of Transportation's (FDOT) Miami Intermodal Center (MIC) in Miami-Dade County. The MIC is a $1.35 billion multi modal center for the Miam i International A irport and includes: · A four-story rental car facility with spaces for approximately 6,500 vehicles, fleet storage capacity of approximately 3,500 vehicles, fueling and washing facilities, and customer service facilities. · A MIC "core" consisting of facilities to accommodate a bus depot, Tri-Rail (commuter rail), patron parking, an MIC-MIA connector station, Amtrak, Metrorail, and employee services. · Roadway improvements, including drainage, lighting, and MIC terminal access roadways. "With construction manager-at-risk, FDOT was able to select the construction manager on qualifications-based criteria, not just cost," says Kouroche Mohandes, FDOT's MIC program manager. "This provided FDOT with the widest latitude to coordinate quality horizontal and vertical construction, which the MIC required." The State agency selected construction manager-at-risk so that it could receive constructability input, uphold the project schedule, and control budget and costs. With CM@Risk, FDOT was able to form a project team early in the process and in a partnering env ironment, since the construction manager's advisory role fosters a more team-oriented approach. "By incorporating the contractor's perspective and input into planning and des ign decisions, we can reach early agreement on project features to expedite construction," says Andrew DeTizio, major projects engineer at FHWA's Florida Division. "This also helps improve project quality and contain costs." 2/8/2005 Message Page 9 of 10 After being granted SEP-14 approval to use CM@Risk, FOOT selected a construction management company in May 2001. Construction is packaged into several separate guaranteed maximum price contracts, the first two of which are now underway. Because the MIC is just getting started, any successes or lessons that may be learned from FOOT's experience with CM@Risk are not yet known. "Ultimately, construction manager-at-risk fosters teamwork between the architect/engineer, construction manager, and FOOT," says DeTizio. "We expect this teamwork to result in a better final product." Approval from FHWA's headquarters on SEP-14 is necessary for using the CM@Risk delivery mechanism. Since the selection of a construction manager (and ultimately the firm that provides construction services) is qualifications- based, FHWA requires contracting agencies to evaluate this technique under SEP-14. CM@Risk has applicability for vertical buildings and also may be appropriate for other types of transportation projects, such as intelligent transportation system projects. Additional Resources · "Briefing FHW A Initiatives to Encourage Quality Through Innovative Contracting Practices Special Experimental Projects NO.14 - (SEP-14)" www.fhwa.dot.gov/programadmin/contracts/sepa.htm · Utah State University's "Innovative Contracting" Web site www.ic.usu.edu · "AASHTO Joint Technical Committee on Design-Build" Web site http://design.transportation.org/dbreferences.htm I Going Forward The Big Dig, 1-15, and MIC megaprojects illustrate the diverse scenarios that warrant variations in project delivery methods. "It's an understatement to say that managing the design and construction of a megaproject is a very challenging undertaking," says FHWA's Deputy Administrator J. Richard Capka. "The management and synchronization of a vast and complicated array of sequential and concurrent activities require a great deal of innovative planning to determine how the work will be packaged for the private sector team mem bers to deliver. " Having the flexibility to select from a variety of contracting tools provides owners with an opportunity to tailor design and construction to specific project needs and constraints. Although a major projec t's delivery method may not be the sole contributor to success, it is key to the efficient and effective integration of public and private sector talent in a manner that postures the project for ultimate success. Gerald Yakowenko is the leader for the Contract Administration Group in the Office of Program Administration at FHWA Headquarters. For more information, contact Gerald Yakowenko at 202-366-1562 or gerald. vakowenko@fhwa.dot.ç¡ov. 2/8/2005 Message OFHWA 2/8/2005 Page 10 of 10 Other Articles in this issue: Megaproiects - They Are a Different Breed Great Expectations BuildinQ Public Trust The life Cycle Continuum From HiQhways to Skyways and Seaways - the Intermodal Challenge ReducinQ Uncertainty AccountinQ for MeQaproiect Dollars Megaproject Procurement: Breaking from Tradition SharinQ Experiences and lessons learned A Well-Conceived Plan Will Pull It All Together July/August 2004 . Vol. 68 . No.1 TFH RC Home I FHW A Home I Feedback United States Department of Transportation - Federal Highway Adm inistration