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03-15-05 Agenda Reg ~ ~ City of Delray Beach Regular Commission Meeting ~"( .... o~ (i."" (~::F a ........:. .1: ~ . (., ~4~ ~~ ==::J Tuesday. March 15. 2005 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. 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. The City will furrush auxiliary aids and servtces to afford an individual with a dlsability an oppOrtunity to participate in and enjoy the benefits of a service, program, or activ1ty conducted by the City. Contact Doug Randolph at 243- 7127, 24 hours prior to the event m order for the City to accommodate your request. Adaptive listerung devices are avaJ.lable 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: . March 1, 2005 - Regular Meeting . March 10, 2005 - Special Meeting 6. PROCLAMATIONS: A. Commending multiple medal winners - Delray Beach 2005 Senior Games B. Recognizing the 86th Year Anniversary of the American Legion - March 18, 2005 C. Fair Housing Month - April 2005 7. PRESENTATIONS: A. "Spotlight on Education" - Carole Crilley, Principal of Orchard View Elementary School B. Cornell Park Presentation - Abbas Zackria, Robert Walters Architect C. Proposed Miracle League Baseball Diamond at Miller Park - Joe Weldon, Director of Parks and Recreation 8. CONSENT AGENDA: City Manager Recommends Approval. A. FINAL SUBDIVISION PLAT APPROVAL/HIGHLAND GROVE ESTATES PLAT: Approve the subdivision plat for Highland Grove Estates, a proposed 13 unit townhouse development, located on the northwest comer of Old Germantown Road and Palm Cove Boulevard. B. FINAL SUBDIVISION PLAT APPROVAL/ATLANTIC PALMS PLAT: Approve the subdivision plat for Atlantic Palms (AKA Carlson Black Replat), a proposed 45 unit, fee-simple, townhouse development, located on the south side of West Adantic Avenue, approximately 140' east of Whadey Road. C. RESOLUTION NO. 11-05: Approve Resolution No. 11-05 assessing costs for abatement action required to remove nuisances on twelve (12) properties throughout the City. D. RESOLUTION NO. 12-05: Approve Resolution No. 12-05 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 326 S.W. 8th Street. 03-15-2005 - 2 - E. HOLD HARMLESS AND LANDSCAPE MAINTENANCE AGREEMENTS/ TROPIC ISLES TOWNHOMES: Approve and accept a hold harmless agreement and a landscape maintenance agreement associated with the Tropic Isles Townhomes Project, located at the northwest comer of Avenue "H" and Frederick Boulevard. F. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of a funding agreement in the amount of $16,000.00 with sub-recipient New Innovations under the Weed & Seed program for FY 2004-2005. Funding is available from 115-2126-521-31.90 (Special Projects Fund/Weed and Seed Grants/Other Professional Services). G. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements in the total amount of $21,862.00 with two (2) sub-recipients (Delray Youth Vocational Charter School and Children Learning After School Sessions, Inc.) under the Weed & Seed program for FY 2004-2005. Funding is available from 115-2126-521-83.01 (Special Projects Fund/ Weed and Seed Grants/Other Grants/ Aid). H. RESOLUTION NO. 15-05: Approve a resolution requesting program modification funding from the Palm Beach County Emergency Medical Services (EMS) Grant Award program and authorize acceptance of grant funding in the amount of $26,015.23. 1. Approve contract award to Zoll Medical Corporation in the amount of $17,366.00 for the purchase of the Auto Pulse Resuscitation System. 2. Approve contract award to Southeastern Emergency Equipment in the amount of $8,649.23 for the purchase of an Advanced Life Support Mega Code Kelly Manikin. I. LICENSE AGREEMENT /CAFFE LUNA ROSA: Approve a license agreement with Caffe Luna Rosa and associated dashboard passes for the use of parking spaces in the Gleason, Sandoway, and Ingraham Parking Lots. Caffe Luna Rosa is located at 34 South Ocean Boulevard. J. AGREEMENTS/BELLSOUTH/MEGALINK CIRCUITS: Approve two (2) agreements between the City and BellSouth Telecommunications, Inc. for Bellsouth Megalink Service in the annual amount of $24,061.80 for a period of forty-nine (49) months to provide interoperability between the Tri-City system and the Palm Beach County systems for public safety users and selected non-public safety users. Funding is available from 001-2113-521-41.10 (General Fund/Telephone Expense). K. CLEAN AND SAFE BUDGET: Approve the Clean and Safe Budget as presented at the March to, 2005 Workshop Meeting. L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 28, 2005 through March 11, 2005. 03-15-2005 - 3 - M. AWARD OF BIDS AND CONTRACTS: 1. Various bid awards in the amount of $285,907.00 via the Florida Sheriffs' Association Contract #04-12-0823 and the State of Florida Contract #070-700- 05-1 for the replacement of twelve (12) City vehicles. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 9. REGULAR AGENDA: A. NEIGHBORHOOD ACTION PLAN/CHATELAINE STRATEGIC TASK TEAM (STT): Consider approval and adoption of the Chatelaine Strategic Task Team Neighborhood Action Plan presented by Lula Buder, Director, Community Improvement; Janet Meeks, Education Coordinator; and Jayne King, President, Chatelaine Homeowners' Association. B. RESOLUTION NO. 14-05: Consider approval of Resolution No. 14-05 authorizing the Community Redevelopment Agency (CRA) to acquire fee simple tide by gift purchase or eminent domain for property needed for the Carver Square Neighborhood Plan. C. RESOLUTION NO. 13-05: Consider approval of Resolution No. 13-05 authorizing the Community Redevelopment Agency (CRA) to acquire fee simple tide by gift purchase or eminent domain for property needed for the Southwest Neighborhood Plan. D. CONTRACT EXTENSION AND AUTHORIZATION/BILL PLUM: Consider approval of a contract extension and authorization for payment to Bill Plum in the amount of $15,883.00. Funding is available from 380-4139-572-39.10 (2004 Bond Fund/Other Professional Services/NeIghborhood Parks). E. LETTER REGARDING ALZHEIMER'S PROPERTY: Consider approval of a letter restating interest in the acquisition of the Alzheimer's property, setting forth prices and proposals. F. SETTLEMENT AGREEMENT /BOWMAN: Consider approval of a setdement agreement between the City and William E. Bowman, Jr. in the amount of $3,519.26. Staff recommends acceptance. G. AWARD OF CONTRACT /MORGAN ROOFING, INC.: Consider approval of a contract award to Morgan Roofing, Inc. in the amount of $142,987.00 for the Old School Square Re-roofing Project; and waive the requirement that the bonds be issued and executed by an agent with an office in Palm Beach, Dade, Broward, or Martin counties. Funding is available from 334-6112-572-46.12 (General Construction Fund/Old School Square Roof Repair). 03-15-2005 - 4 - H. FIFTH AMENDMENT /BLOCK 77 CONTRACT /COMMUNITY REDEVELOPMENT AGENCY: Consider approval of the Fifth Amendment to the Block 77 Contract between the Community Redevelopment Agency (CRA) and Block 77 Development Group, L.c. to provide for an extension payment to the CRA in the amount of $764,200.00 and extend the closing time to September 29,2005. 1. APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY COMMITTEE: Appoint one member to the Boca Raton Aviation Advisory Committee for an unexpired term ending May 31, 2006. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). J. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint three (3) regular members and two (2) alternate members to the Nuisance Abatement Board for two (2) year terms ending March 31, 2007. Based upon the rotation system, the appoIDtments will be made by Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), and Commissioner Levinson (Seat #3). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 11-05 (SECOND READING/SECOND PUBLIC HEARING.): City initiated amendment to Land Development Regulations Section 2.4.4 (E) , "Expiration of Approvals", to provide for a longer expiration period for Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, and Preliminary Subdivision Plats. B. RESOLUTION NO. 8-05/CONTRACT FOR SALE AND PURCHASE OF PROPERTY /1700 LAKE IDA ROAD: Consider approval of contract to sell City owned property, 1700 Lake Ida Road, and Contract for Sale and Purchase between the City and Crossroads Recovery Foundation, Inc. (CRC) in the amount of $1,000,000.00; and approve Resolution No.8-OS. C. ORDINANCE NO. 6-05 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR) 4.4.5 "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. 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. 03-15-2005 - 5 - 12. FIRST READINGS: A. ORDINANCE NO. 12-05: An ordinance amending Chapter 95, "Emergency Management", Sections 95.05 through 95.13 to provide an updated ordinance regarding emergency management. If passed, a public hearing will be scheduled for April 5, 2005. B. ORDINANCE NO. 18-05: An ordinance amending Chapter 35, "Employee Policies and Benefits", subheading "Retirement Plan", Section 35.097, "Retirement Income; Basis, Amount, and Payment", of the City Code of Ordinances to provide for an option of a 3% multiplier. If passed, a public heanng will be scheduled for April 5, 2005. C. ORDINANCE NO. 19-05: An ordinance amending Chapter 35, "Employee Policies and Benefits", subheading "Retirement Plan", Section 35.089, "Definitions", of the City Code of Ordinances to provide for a revision in the definition of "Credited Service". If passed, a public hearing will be scheduled for April 5, 2005. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: MARCH 11, 2005 03-15-2005 - 6 - CITY COMMISSION CITY OF DELRAY BEACH. FLORIDA REGULAR MEETING - TUESDAY. MARCH 15.2005 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 8. CONSENT AGENDA: N. RESOLUTION NO. 16-05 AND RESOLUTION NO. 17-05: Approve Resolutions No. 16-05 and No. 17-05 stating the City's intent to participate in a dispute resolution proceeding with Palm Beach County and if there is no success, authorize a petition to the Board of County Commissioners of Palm Beach County challenging the financing of the County Dispatch Service with countywide revenues. O. KEY TO THE CITY: Approve presenting Mary Robinson, former President of Ireland, with a Key to the City. ******************************************************************************** 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. MARCH 1. 2005 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, March 1,2005. 1:. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor JeffPerhnan Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan Ruby, City Attorney Chevelle D. Nubin, City Clerk Mayor Perlman stated he would like to offer a moment of silence for the sadness that has engulfed the community and asked that everyone pray for the family of Jerrod Miller and the family of Officer Adam Rosenthal who suffered a terrible loss last weekend as well. Mayor Perlman stated it is his hope that we continue to communicate with one another and that we continue to strive for answers in the truth in a peaceful spirit of collaboration and unity. He stated while these are tragic events that cannot be undone or changed, they do offer opportunities to learn and come together as a community and it is his further hope to do so. 2. The opening prayer was delivered by Reverend Ron Arflin with Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was gI ven. 4. AGENDA APPROVAL. Mayor Perlman requested that Item 8.E., Bioloeical Monitorine Activities of the Consent Agenda be moved to the Regular Agenda as Item 9.A.1. Mayor Perlman noted the addition of Item 8.K. Contract Addition (Chanee Order No. 2)/Asphalt Consultants. Inc.. to the Consent Agenda by addendum. He stated there is additional information for Item 9.A., I-Net Aereementl Adelphia Cable Communications and a revised franchise agreement for Item 10.B., Franchise Al!:reement/ Adelphia Communications Corp. 03/01/05 Mr. Levinson 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. Costin noted a correction to page 5 of the Minutes with regard to the ex parte communications for Item 9.A. (Conditional Use RequestlFirst Avenue Townhomes) and stated he had a meeting with Mr. Weiner. Mr. Levinson moved to approve the Minutes of the Regular Meeting of February 15, 2005 as amended, 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: 6.A. Recoenizine and commendine Tom Kwiatek AdministrationlRecreation Division - Parks and Recreation Department Emplovee of the Year for 2004. and Jo Waeenhals - Ocean Rescue Division and Jesse Melendez - Parks Maintenance Division as Parks and Recreation Top Emplovees of the Year 2004 Mayor Perlman read a proclamation hereby recognizing and commending Tom Kwiatek, Parks and Recreation Employee of the Year 2004, Jo Wagenhals and Jesse Melendez, Parks and Recreation Top Employees of the Year 2004 on ajob well done for the Parks and Recreation Department and the City of Delray Beach. Joe Weldon, Director of Parks and Recreation, accepted a $100 check and a plaque for Jo Wagenhals. Mr. Weldon presented a $100 check and a plaque to Jesse Melendez and a $300 check and a plaque to Tom Kwiatek. 6.8. Recoenizine Lucille and Johnnie Jones' 75th Weddine Anniversary Mayor Perlman read and presented proclamation hereby congratulating Lucille and Johnnie Jones on their 75th Wedding Anniversary. Mr. and Mrs. Jones came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. Old School Square Parkine Garaee Presentation. PGAL/Eliopoulos Richard Hasko, Director of Environmental Services, gave a brief PowerPoint presentation regarding the features and elevations for the Old School Square Parking Garage. He stated the parking will have a total of 538 parking spaces and 100 square feet of retail space. - 2 - 03/01/05 Mrs. Archer expressed concern that if Old School Square has use of the facility they are going to block off the area for tour buses, etc. which requires blocking off the exit/entrance. She stated if there is not a secondary entrance or exit there is no way for people to get in to park. Mr. Hasko stated they have the ability to control access for the loading area and for the park. Mr. Hasko stated the secondary access was essentially going to be an exit only. Mrs. Archer stated before a layout is approved she feels the City needs to talk to a large group that has used this (i.e. Nancy Stewart). Mr. Hasko briefly explained the analysis of the costs for Option #10. He stated the entire garage including the site work is estimated to cost approximately $7.5- $8.5 million; the retail shell space is estimated to cost approximately $1.5-$1.7 million; the restrooms are estimated to cost approximately $350,000-$400,000. He stated the overall structure is a little over $220,000 square feet and is estimated to cost approximately $9-$10.5 million. With regard to Mrs. Archer's concern regarding the accommodation for a tour bus in the area near the entrance, Mr. Costin asked if there is enough maneuverability to accommodate a bus in this area. Ian Nessler stated there is enough room to accommodate a bus; however, Mrs. Archer's concern has been discussed with Mr. Gillie and depending on how many buses and tractor trailers pull into this area, there could be an issue with congestion and service ability. Mr. Nessler stated although one or two vehicles could turn around easily in this area if there are a multitude of service vehicles this could become an issue. He suggested that staff talk to some of the stakeholders to see exactly how many service vehicles with be coming through during major events. Brief discussion continued between Nancy Stewart and the Commission. It was the consensus of the Commission that staff meet with Joe Gillie, Nancy Stewart, and the stakeholders to discuss this issue and move as expeditiously as possible for the construction of the Old School Square parking garage. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF RIGHT-OF-WAY DEED/136 N.E.tST AVENUE: Approve and accept a right-of-way deed associated with the Ferrara Duplex, located at 136 N.E. 1st Avenue. 8.B. AMENDMENT TO THE 2002 SUBGRANT AGREEMENT/STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES: Approve an amendment to the 2002 Subgrant Agreement with the Florida Department of Financial Services to accept a light duty rescue vehicle valued at $69,587.00 and Hazardous Materials Sustainment Funds in the amount of $10,363.91 for equipment replacement, instrument testing, and calibration. - 3 - 03/01105 S.C. SERVICE AUTHORIZATION NO. 04-01/HAZEN AND SAWYER. INC.: Approve Service Authorization No. 04-01 to Hazen and Sawyer, Inc. in the amount of $22,932.00 for the design and preparation of construction documents for adding an additional lane on N.E. 4th Street between N.E. 5th Avenue and N.E. 6th Avenue. Funding is available from 448-5461-538-65.31 (Storm Water Utility Fund/N.E. 4th Street - N.E. 5th Ave. to N.E. 6th Ave.). S.D. RESOLUTION NO. 7-05: Approve a resolution to set the public hearing date for the Seacrest/Del-Ida Special Assessment District Final Assessment Roll. The caption of Resolution No. 7-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING CERTIFYING THE FINAL ASSESSMENT ROLL FOR THE SEACREST/DEL-IDA SPECIAL ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 7-05 is on file in the City Clerk's office. ) S.E. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.1. S.F. EXPANDED SEA TURTLE MONITORING ACTIVITIES: Approve expanded Sea Turtle Monitoring Activities in association with the upcoming beach renourishment activity in the amount of $38,750.00 per year through the year 2007. Funding is available from 332-4164-572-34.90 (Beach Restoration Fund/Other Contractual Services). S.G. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $17,000.00 to allow the applicant to secure new financing. S.H. SITES SURVEY/GAl CONSULTANTS. INC./OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD): Consider approval to proceed with the Old School Square Historic Arts District (OSSHAD) Sites Survey Task and approve an agreement with GAl Consultants, Inc. in the amount of $15,000.00. Funding is available from 001-2511-515-31.90 (General Fund/Other Professional Services). - 4- 03/01/05 8.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 14, 2005 through February 25,2005. 8.J. AWARD OF BIDS AND CONTRACTS: 1.:. Purchase award to Florida Bullet in the amount of $17,030.50 for the purchase of ammunition for training, new hire and annual qualifications, and mandatory tactical training for the Police Department. Funding is available from 001-2111-521-52.20 (General Fund/General Operating Supplies). 2. Bid award to Red Wing Shoe Store at an estimated annual cost of $31,900.00 via the City of Pompano Beach Bid #H-24-05 for the purchase of safety shoes for City Employees. Funding is available from various departments' operating expense budgets. 3. Purchase award to Clarke Waste Systems, Inc. in the amount of $25,050.00 for the purchase of an Applied Green Machine Sidewalk Sweeper Model 424 RS. Funding is available from 119- 4144-572-64.90 (Beautification Trust Fund/Other Machinery/Equipment). 8.1(. CONTRACT ADDITION (CHANGE ORDER NO. 2)!ASPHALT CONSULTANTS.INC. (ADDENDUM): Approve a Contract Addition (Change Order No.2) between the City and Asphalt Consultants, Inc. in the amount of $91,065.00 for additional services associated with the replacement of an existing water main as part of the NW/SW 5th Avenue Beautification Project. Funding is available from 442-5178-536- 65.83 (Water & SewerlRenewal/Replacement/NW/SW 5th Avenue). Mr. Costin moved to approve the Consent Agenda as amended, seconded by Mrs. Archer. 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.A.1. BIOLOGICAL MONITORING ACTIVITIES: Approve Biological Monitoring Activities to be conducted by Coastal Planning and Engineering in the amount of $192,817.00 in association with the upcoming beach renourishment activity. Funding is available from 332-4164-572-31.30 (Beach Restoration Fund/Engineering! Architect). Paul Dorling, Director of Planning and Zoning, stated he requested that this item be pulled from the Consent Agenda because some things have transpired since this item was placed on the Agenda. He stated this biological monitoring is in conjunction with a renourishment project that will occur in the next three weeks which will be paid for 100% by the Federal Government. The proposed fee for this task is - 5 - 03/01/05 $192,817. Funds for this item are available in the Beach Restoration fund and these costs are 100% reimbursable from a combination of Federal, State or County governments. Mr. Dorling stated the Anny Corp of Engineers has been successful in getting the Department of Environmental Protection (DEP) to drop some of the monitoring requirements so that the required monitoring would be approximately $90,000 instead of $192,817. With those required monitoring numbers the City could still expect a 100% reimbursement (50% County and 50% state). However, Mr. Dorling presented a scaled down version which includes some additional tasks which protects the City in case there is some damage to the reef. Mr. Dorling stated those are going to be over and above those requirements the State has waived at this point. He stated the consultant with Coastal Planning and Engineering (CPE) is present to discuss if the City should take those additional monitoring tasks to provide protection. These tasks would equate to an additional $40,000.00 bringing the mid-range up to approximately $130,000.00 for this task. Mr. Dorling stated since it is not required monitoring, the State cannot commit to providing a reimbursement portion of that; however, the County is willing to contribute 50%. Therefore, the potential impact to the City would be the additional task cost in the amount of $20,000.00. Richard H. Spadoni, Senior Vice President of Coastal Planning and Engineering, Inc. stated the project is going to be accomplished under the existing pennits and the State has now waived those requirements. In the interest of the City, Mr. Spadoni suggested that the City do a pre-construction investigation of the reef and document the condition of the reef and do a post-construction documentation of the reef after all the dredge equipment has left. He stated the reason he has suggested this is because sometimes if something occurs in tenns of any physical damage they would have the documentation to demonstrate whether or not it was a project related impact. Mr. Spadoni stated staff may wish to consider a pre-construction and post construction monitoring event so that there is documentation of the reef prior to the construction, after the equipment is gone and it would be very conclusive in tenns of whether or not the project had any affect on the reef. Mr. Costin asked if the culpability lies with the City or the dredging company. Mr. Spadoni stated the City is listed as the pennittee on the pennits; however, where problems have occurred the culpability is passed on to the dredge contractor who fined to make reparations for the damage. The City Manager stated it is prudent to do the additional monitoring. Mr. Levinson moved to approve the amended amount of $130,000.00 to include approximately $120,000.00 out-of-pocket to the City of Delray Beach with the balance to be recovered from the State and County grants for Biological Monitoring activities, 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. -6- 03/01/05 At this point, the time being 7:04 p.m. the Commission moved to Item 9.A. 9.A. I-NET AGREEMENT/ADELPHIA CABLE COMMUNICATIONS: Consider approval of an agreement with Adelphia Cable Communications to provide fiber optic service to City facilities. Joseph Safford, Finance Director, addressed three areas of concern regarding the I-NET agreement per the direction of the City Commission. The first area of concern is the issue for mission critical sites; the second area of concern is a ten (10) year contract vs. a five (5) year contract; and the third area of concern is that staff has no concern in the ten year period relative to expansion capability. Furthermore, Mr. Safford stated the ten (10) year contract rate is $395.00 per month and he too would be concerned about the rapid decrease in technology over a ten year period if the City were to pay close to the market rate today. However, he stated the current market rate for a 1 gigabit fiber optic site is approximately $2,500-$3,000 per site per month. Therefore, staff recommends the ten (10) year commitment at $395.00 per month. Mr. Levinson moved to approve the 5 year agreement at $495.00 per month with Adelphia Cable Communications. Motion failed due to a lack of a second. Prior to the vote, brief discussion followed between the Commission and staff. Mr. Costin moved to approve to a 10 year agreement at $395.00 per month with Adelphia Cable Communications, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - Yes. Said motion passed with a 3 to 2 vote, Commissioner Archer and Commissioner Levinson dissenting. At this point, the time being 7:16 p.m. the Commission moved to the Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. 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. Prior to consideration of passage of Ordinance No. 10-05 on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 10-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REPEALING AND REPLACING CHAPTER 93 OF THE - 7 - 03/01/05 CITY CODE TO BE REFERRED TO AS "THE CITY OF DELRA Y BEACH CABLE TELEVISION ORDINANCE"; 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; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (The official copy of Ordinance No. 10-05 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 these are the small changes in the ordinance itself governing cable television. Ila Feld, Attorney with Leibowitz & Associates, stated the ordinance is the regulatory ordinance for the issuance of cable television franchises in the City of Delray Beach and essentially establishes minimum standards pursuant to which any franchise would be granted. She stated based on some comments received recently, some minor revisions have been made. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 10-05, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 10-05 on Second and FINAL Reading, 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. 10.B. FRANCHISE AGREEMENT/ADELPHIA COMMUNICATIONS CORP.: Consider approval of a Franchise Agreement with Adelphia Communications Corp. which will renew the City's cable franchise with Adelphia for a ten (10) year - 8 - 03/01/05 period. Prior to consideration of passage of this item, a public hearing has been scheduled to be held at this time. The City Attorney stated this is the franchise agreement and resolution that authorizes the signing of the franchise agreement. Ila Feld, Attorney with Leibowitz & Associates, briefly discussed the significant tenns of the franchise agreement. Mayor Perlman declared the public hearing open. Michael Ligouri, General Manager for Adelphia, 6109 Branchwood Drive, Lake Worth, encouraged the Commission to pass the cable franchise agreement and looks forward to continuing to provide new products and services and being a contributing member of the community. There being no one from the public who wished to address the Commission regarding the franchise agreement, the public hearing was closed. Mr. Costin moved to approve the Franchise Agreement with Adelphia Communications Corporation, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 3 to 2 vote, Commissioner Archer and Commissioner Levinson dissenting. Mrs. Archer moved to approve Resolution No. 10-05, 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. to.C. 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. Prior to consideration of passage of Ordinance No. 5-05 on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 5-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING SECTION 6.3.3, "SIDEWALK CAFÉ", OF THE LAND DEVELOPMENT REGULA TIONS, TO PROVIDE FOR A PERMIT WITH AN APPLICATION FEE AND A FEE PER SQUARE FOOTAGE OF SIDEWALK CAFÉ SP ACE, RENEWALS, APPLICABLILITY, REQUIRED INFORMATION, PROCESSING, GEOGRAPHIC LIMITATION, - 9- 03/01/05 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 SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 5-05 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. Lula Butler, Director of Community Improvement, stated with this ordinance staff is amending Section 6.3.3 of the LDR's. At its meeting of January 24, 2005, the Planning and Zoning Board held a public hearing regarding this item and recommended approval. Mrs. Butler reviewed the following proposed changes: (1) a change in the fees going from $50.00 a year to $3.00 per square foot depending on the size of the sidewalk café for each business, (2) have a five foot pedestrian path that will be parallel to the street and that there will not be tables except in places where they do not have any other choice directly abutting the on-street parking; provides for a "No Table Zone" at intersections and provides for better safety of the sidewalk café tables, (3) provides for menu boards and signs to be within the boundaries of the sidewalk cafés, (4) merchants are responsible to pressure clean the sidewalk surface at least once a week, (5) provides for fines and ratification of the pennit where the pennittee will receive three warnings in which fines will be assessed and after the third violation notice, the sidewalk café pennit will be tenninated and cannot be renewed for six months. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 5-05, the public hearing was closed. Prior to the vote, Mayor Perlman commended the staff for the hard work they did on this ordinance and also reiterated that staff reviews these fees on a regular basis. Mr. Costin inquired about the cooperation. Mrs. Butler stated staff has been working with each of the businesses to help them understand how this ordinance is going to affect them and noted most operators are very amenable to it. Mr. Levinson commended Darcy Tyson, Code Enforcement Officer, for having a great working relationship with the merchants. - 10- 03/01105 Mrs. Archer moved to adopt Ordinance No. 5-05 on Second and FINAL Reading, 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. to.D. ORDINANCE NO. 6-05 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR) 4.4.5 "Low Density Residential (RL) District", enacting perfonnance 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 15, 2005. Prior to consideration of passage of Ordinance No. 6-05 on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 6-05 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 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 IMPACTS OF ADDITIONAL DENSITY BOTH INTERNAL AND EXTERNAL TO THE SITE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 6-05 is on file in the City Clerk's office.) The City Attorney read the caption ofthe ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter ofthe City of Delray Beach, Florida. - 11 - 03/01/05 Paul Dorling, Director of Planning and Zoning, stated 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 detennination 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. The proposed amendment would create a set of 7 perfonnance standards that must be met in order to increase density beyond the minimum, which is intended to lessen the impact of the additional density. Positive findings have been made with respect to LDR Section 2.4.5(M)(5), as the proposed text amendment will further the Goals, Objectives, and Policies ofthe Comprehensive Plan. At its meeting of January 24,2005, the Planning and Zoning Board held a public hearing regarding this item and recommended approval of the proposed text amendment. At its meeting of January 27,2005, the Community Redevelopment Agency (CRA) recommended approval of the proposed text amendment and at its meeting of February 2, 2005, the Historic Preservation Board (HPB) recommended approval of the proposed text amendment. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 6-05, the public hearing was closed. Mr. Costin moved to approve Ordinance No. 6-05 on First Reading/First Public Hearing, seconded by Ms. McCarthy. 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. to.E. ORDINANCE NO. 11-05 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to Land Development Regulations Section 2.4.4(E), "Expiration of Approvals", to provide for a longer expiration period for Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, and Preliminary Subdivision Plats. If passed, a second public hearing will be scheduled for March 15, 2005. Prior to consideration of passage of Ordinance No. 11-05 on First Reading/First Public Hearing a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 11-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 2.4.4(E), "EXPIRATION OF APPROVALS", SUBSECTION 2.4.4(E)(2), - 12 - 03/01/05 "CONDITIONAL USES, SITE PLANS, LANDSCAPING PLANS, ARCHITECTURAL PLANS, PRELIMINARY SUBDIVISION PLATS", TO PROVIDE FOR A LONGER EXPIRATION PERIOD, PROVIDING FOR APPLICABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-05 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 pursuant to LDR Section 2.4.4(E)(2), approvals for conditional uses, site plans, landscaping plans, architectural plans and preliminary subdivision plats have been limited to an eighteen (18) month duration unless a different period is specifically stated in conditions of approval. Due to many economic, permitting, and construction factors, it has become more difficult to establish a project during the eighteen (18) month period. The proposal is to amend the current regulation to lengthen the time frame to establish a project for an additional six (6) months, from eighteen (18) months to twenty-four (24) months. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. At its meeting of February 28, 2005, the Planning and Zoning Board considered the proposed text amendment and recommended approval. Mayor Perlman declared the public hearing open. Bob Sparvero, 200 MacFarlane Drive, Delray Beach, representing the Beach Property Owners' Association (BPOA), expressed concern over the automatic retroactivity and feels it compromises the ability to implement the new design guidelines for the CBD (Central Business District) in some instances. He stated since this is going to be the major project that residents will see on Atlantic Avenue east of the Intracoastal, it is important to the residents that this project be built in the best way possible. The new design guidelines are a major public policy effort to improve the building in the CBD to make it more consistent with the character of the neighborhood in which it is being built. He stated if someone has a hardship of their own doing he does not agree that they should receive an extension. Mr. Sparvero urged the Commission to delete the retroactivity provision from the ordinance. There being no one from the public who wished to address the Commission regarding Ordinance No. 11-05, the public hearing was closed. - 13- 03/01/05 Prior to the vote, Mr. Costin asked if there is an approval in place. Mr. Dorling stated the applicant has a current approval for the project. Mrs. Archer asked if there are any other projects that will be affected. Mr. Dorling stated there are other projects that may be affected and stated the design guidelines were approved in June. Therefore projects that were approved ten months prior and forward would be coming up for approval for extension if they have not been established yet. Brief discussion between the Commission and staff followed regarding Worthing Place. Mrs. Archer moved to approve Ordinance No. 11-05 on First ReadinglFirst Public Hearing, 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. to.F. ORDINANCE NO. 9-05: An ordinance amending Section 36.05 of the City Code, "Bidding Procedures", clarifying the use of Construction Management at Risk Contracts; amending Section 36.11 "Definitions", to provide that the City may use a Construction Manager at Risk Contract on construction projects. Prior to consideration of passage of Ordinance No. 9-05 on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 9-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING SECTION 36.05 OF THE CITY CODE, "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 SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 9-05 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. - 14- 03/01105 Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 9-05, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 9-05 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. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manae:er's response to prior public comments and inquiries. With regard to a prior concern expressed by Mr. Franciosa about the maintenance, landscaping, and irrigation of the Caring Kitchen, the City Manager stated when he initially made the inquiry with the Parks and Recreation Department, the lease the City had with the American Legion stated they were responsible for landscaping and irrigation. The City Manager stated the new agreement that was adopted in October provides that the City is responsible for the irrigation. He stated Juanita Bryant of the Caring Kitchen has indicated that if the City repairs the irrigation (which has now been done), the Caring Kitchen would take care of maintaining the landscaping. The City Manager stated the irrigation was repaired on February 14thl15th and the new landscaping can be installed and will be maintained. 11.B. From the Public. 11.B.1. Patrick Glover. speakine: on behalf of the Carver Estates Youth Proe:ram and concerned citizens of Delray Beach. stated there are some serious issues in Delray Beach that need to be addressed, solved, and handled as soon as possible. He stated innocent citizens (African American youths in particular) are being killed in the hands of law enforcement that are put here to serve and protect. He urged the Commission to re-evaluate the procedures of the Delray Beach Police Department from top to bottom. Mr. Glover stated this is the third murder (Jerrod Miller) in six months (two African Americans and 1 Caucasian). He stated the homes in Carver Square have been neglected for over 15 years and commented that the lights along Atlantic Avenue from S.W. 5th Avenue west are off. He expressed concern that people are being treated like they are isolated and segregated. I1.B.2. Cynthia Ridley. 137 S.W. 12th Avenue. Delray Beach. stated she has lived in Delray Beach for thirty years and has helped this community grow. She expressed sadness over the shooting and stated this used to be a community where everyone could sleep. However, Ms. Ridley feels this is no longer happening in the City of Delray Beach and she expressed concern over the safety ofthe children. - 15 - 03/01/05 I1.B.3. Ben Bryant. 203 S.W. 14th Avenue. Delrav Beach. part of MAD DADS of Greater Delray Beach and MAD DADS of Greater Boynton Beach, stated not all Police Officers are bad; however, he feels this is an incident that is becoming all too familiar among African American youths. Mr. Bryant stated when the Police Department is called when there is trouble, the African American community expects to be treated the same as anyone else would be treated in the community. He urged the Commission to meet and speak with the community regarding this issue. 11.B.4. Al Williams. 734 E. Chatelaine Boulevard. Delrav Beach. stated he has spent most of his life in the Southwest community in Delray and has seen Delray Beach go from a small town to a much larger one. He stated over the years he has seen the Police Department go through several changes going from not being warm to the African American community to somewhat of a working relationship. However, Mr. Williams stated he is now starting to see some regression not only in the Police Department but in the entire City of Delray Beach. He stated the culture of the City appears to disregard the needs of the African American community. Mr. Williams urged the City to re-evaluate where we stand and work towards true positive change for all the residents of Delray Beach. 11.B.5. Willie Potts. Jr.. 634 Ane:ler Drive. Delrav Beach. suggested that there be a Citizen Advisory Board to "police" the Police. He stated things need to be changed in the Police Department by starting at the top. 11.B.6. Kareem Thompson. 1599 S.W. 8th Avenue. Bide:. #1 - Apt. #102-B. Delrav Beach. stated he has worked in the community for the past ten years to make sure the youth are taken care of and are proud of the City where they live, in particular the ChoirN outh that held the All American City by singing and praising the City of Delray Beach. Mr. Thompson invited everyone to the National Association for the Advancement of Colored People (NAACP) South County Branch meeting being held on Saturday, March 5, 2005 at Pompey Park Recreation Center at 9:00 a.m. to address the concerns of the community regarding the shooting. 11.B.7. Samantha Daceus. 623 S.W. 6th Avenue. Delrav Beach. stated with regard to the shooting she would like an explanation as to how the Police Officer was in danger. At this point, the time being 8:03 p.m. the Commission moved to Item 9.B. of the Regular Agenda. 9.B. WAIVER REOUEST/3725 LONE PINE ROAD: Consider a waiver request to waive Land Development Regulations (LDR) Section 6.1.4(C)(2), "Maximum Width", to allow an increase in driveway width at 3725 Lone Pine Road. (Quasi- Judicial Hearing) Mr. Costin declared a conflict of interest and stepped down from the dais. - 16- 03/01/05 Mayor Perlman read into the record the procedures for a Quasi-Judicial Hearing for this item. 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 #2005-130 into the record. Mr. Dorling stated the subject property is located on the north side of Lone Pine Road approximately I, I 00 feet west of Davis Road and is zoned RR (Rural Residential). The LDR's currently require a maximum driveway width of 24 feet and the applicant is requesting a waiver. The City Engineer and Development Services Management Group (DSMG) reviewed and supported the request. Therefore, staff recommends approval based upon the positive findings of Section 2.4.7(B)(5) ofthe LDR's. Mr. Levinson moved to approve the request of waiver to LDR Section 6.1.4(C)(2) to increase the driveway width (maximum of 46 feet) for 3725 Lone Pine Road, 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 Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.C. REQUEST TO LEASE PARKING SPACES/CAFFE LUNA ROSA: Consider a request from Caffe Luna Rosa to lease forty (40) parking spaces at a rate of $30.00 per space per month in the Gleason, Sandoway and Ingraham Parking Lots; and authorize staff to draft an agreement and create dashboard passes. Caffe Luna Rosa is located at 34 South Ocean Boulevard. Scott Aronson, Parking Management Specialist, stated this item is before the Commission as an approval in "concept" and if approved, the license agreement will be brought back to the Commission on March 15, 2005. He stated Caffe Luna Rosa located at 34 South Ocean Boulevard has held a Parking License Agreement with the City to operate a four (4) space valet queue on the south side of Atlantic Avenue just west of Ocean Boulevard (SR AlA) since 1999. The queue's operating hours are 11:00 a.m. through 2:00 a.m. seven days per week. Mr. Aronson stated the applicant previously had approximately 35 spaces he leased from the Old Spanish River Resort. When the Residence Inn was developed, the applicant lost those 35 parking spaces. Mr. Aronson stated having daytime hours, there are very few businesses in the area that they can lease spaces from as the other valets do because most of the businesses need their own parking. The owner of Caffe Luna Rosa has requested to lease 40 spaces at the City's Sandoway and Ingraham lots as well as the Gleason Street Lot which the City leases from the First - 17 - 03/01/05 Presbyterian Church. Mr. Aronson stated there is a far greater utilization of this 38 space lot by the public and if approval is granted the spaces available for the valet in this lot should not exceed 25% of the total spaces or 9 spaces. The Sandoway Lot would be used to accommodate the balance, up to 22 spaces, leased to the Restaurant. Mr. Aronson stated one of the proposals to the request is that none of the spaces will be reserved. Staff recommends charging $30.00 per space per month. Spaces in all ofthe lots are not to be coned off or reserved in any other fashion. He stated Bob Victorin, the new President of the Beach Property Owners Association, appeared before the Parking Management Advisory Board (PMAB) in support of the request with the condition that the closing time of the lot would not be extended past the current 8:00 p.m. and that no cars arriving at the queue will be parked in Sandoway or Ingraham Lot after 5:00 p.m. The PMAB also requested that Mr. Marincola use the lease premises that he has on Andrews Avenue first (Gleason Lot) and then the Sandoway or Ingraham Lot. Mr. Costin asked if these provisions are amenable to Mr. Marincola. Mr. Aronson stated these conditions have been discussed with Mr. Marincola and he agrees to these conditions. At its meeting of February 17, 2005, the Development Services Management Group (DSMG) supported the request contingent upon the support of the BPOA. At its meeting of February 22, 2005, the Parking Management Advisory Board (PMAB) discussed the request and recommended approval on the conditions outlined in the staff report. Mr. Costin moved to approve the request from Caffe Luna Rosa to lease forty (40) spaces at a rate of $30.00 per space per month limited to a maximum of 9 spaces in the Gleason Street and Ingraham Lots with the remaining 22 spaces in the Sandoway Lot and direct staff to draft the agreement and create the dashboard passes to be presented for approval at the City Commission meeting of March 15, 2005, 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. 9.D. AGREEMENT/R&S INTEGRATED PRODUCTS AND SERVICES. INC.: Consider approval of an agreement with R&S Integrated Products and Services, Inc. in the amount of $22,995.00 for the EasyAgenda Software including support and upgrades. Funding is available from 001-1411-512-66.10 (General Fund/Software) and 001-1411-512-46.90 (General Fund/Other Repair/Maintenance Costs). The City Manager briefly discussed the EasyAgenda software package for the paperless Agenda. He stated the Commission will be able to move an Item from the Consent Agenda to the Regular Agenda if they choose to do so. The EasyAgenda publishes a smart PDF which produces the Agenda itself similar to a Table of Contents and the Agenda backup. The format will allow a user to move directly from item to item - 18 - 03/01/05 or the items on the Regular Agenda or Public Hearing items at any time during the meeting. In addition, the Commission will be able to make notes on the Agenda items during review over the weekend or during the meeting. The Commission will only need to be trained regarding the use of Adobe and opening and maneuvering through the Agenda package. Staff does not plan to use the voting results or minutes modules; these options are free for the City if we choose to use them later. Staff does not feel these options are currently necessary due to the fact that we do Agenda results and the Commission approved the digital recording system on January 18, 2005. Mr. Costin moved to approve the agreement with R&S Integrated Products and Services, Inc. for the EasyAgenda Software in the amount of $22,995.00, 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.E. PURCHASE AWARD/PROSYS INFORMATION SYSTEMS: Consider approval of a purchase award to ProSys Infonnation Systems in the amount of $487,977.00 via Florida State Contract #250-000-03-1 for the purchase of 133 Panasonic CF-29 replacement laptops. Funding is available from 334-6112-521-64.11 (General Construction Fund/Computer Equipment). Joseph L. Schroeder, Police Chief, recommends the purchase of the harden laptops because they more beneficial and durable for the Police Department. Mr. Levinson stated since these laptops will all be purchased at the same time they will all expire at the same time. He suggested that staff start a sinking fund for these laptops. Mr. Costin asked if there is a maintenance agreement with the manufacturer. Major McCollum stated at this point staff is only taking about the hardware so there are no licensing fees but there is a warranty fee with each unit. Mr. Costin moved to approve the purchase award to ProSys Infonnation Systems for the purchase of 133 Panasonic CF-29 replacement laptops, seconded by Mr. Levinson. 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.F. AMENDED AND RESTATED AGREEMENTillELRAY MERCHANT'S ASSOCIATION/SOUL OF DELRAY: Consider approval of the amended and restated agreement between the City and the Delray Merchant's Association for the repayment of funds owed to the City for the 2002 Celebrate the Soul of Del ray Event. Mayor Perlman passed the gavel to Vice Mayor McCarthy and left the dais. - 19 - 03/01/05 Robert A. Barcinski, Assistant City Manager, stated this item was discussed and agreed to at the City Commission Workshop meeting of February 8, 2005 regarding the repayment of funds to the City of Delray Beach for the Soul of Delray event from 2002. He stated this would change the payment date for the 2004 event to May 21, 2005 and the 2005 event to May 21,2006. Mr. Barcinski stated Mr. Wideman has requested that staff change the date from May 21, 2005 to June 21, 2005 and May 21, 2006 to June 21, 2006. Mr. Costin moved to approve the amended and restated Agreement between the City of Delray Beach and the Delray Merchant's Association (DMA) with the change in date from May 21, 2005 to June 21, 2005 and May 21, 2006 to June 21, 2006 for the repayment of funds, seconded by Mr. Levinson. 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.G. CUL TURAL LOOP COMMUNITY CHAIR PROJECT: Consider approval of the Cultural Loop Community Chair Project and installation of the chairs on City owned property. Robert A. Barcinski, Assistant City Manager, stated staff is seeking Commission approval for the Community Chair Project and installation of the chairs on City owned property. On behalf of the West Atlantic Redevelopment Coalition (W ARC), Rosalind Murray is requesting approval to place some of the chairs on the grass area south of the City Attorney's office, on the southeast comer of Fire Station Headquarters and in Worthing Park and S1. Paul's Episcopal Church. Mr. Barcinski stated staff is still in the process of designing a system to anchor the chairs so that they cannot be stolen but can still be removed when needed. Mr. Levinson stated he feels that Worthing Park may be problematic because of the Green Market and because of the future construction of Worthing Place. He suggested the chairs be pennanently tied down so that the chairs do not have to be removed every Saturday. Mrs. Archer moved to approve the Cultural Loop Community Chair Project with staffs recommendations, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Vice Mayor McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. At this point, Mayor Perlman returned to the dais. 9.H. AL TERNA TE SITE/CITY STORAGE FACILITY: Environmental Services staff will present an alternate site for the City's storage facility. Richard Hasko, Director of Environmental Services, distributed a handout to the Commission and gave a brief presentation regarding an alternate site for the City's storage facility. He stated there are other issues besides replacing the site at Lake Ida that will have to be addressed and noted the Water & Sewer Fund would bear this cost and not the General Fund. - 20- 03/01105 The City Manager stated Boca Raton is not meeting the timelines in the agreement for the Fire Training facility and therefore one-half million dollars is available. The City Manager stated that Chief Koen suggested that the money be used to purchase the train depot site for storage needs and training needs. The City Manager stated with the one million from the Lake Ida site and the half-million committed to give to Boca for participating in their site, the City would have the money to purchase the train depot. Mr. Levinson asked how this will affect the budget for providing the training classes for just the City of Del ray Beach. Brief discussion between staff and the Commission followed. The City Manager stated he will get more information on this. The Commission concurs that this is great and directed staff to do some site planning. 9.1. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) regular member to the Board of Adjustment for an unexpired term ending August 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner Costin (Seat #1). Mr. Costin moved to appoint Lisa Shaheen to the Board of Adjustment (BOA) as a regular member for an unexpired term ending August 31, 2005, 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. 9.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). Mr. Levinson moved to appoint Samuel Resnick to the Code Enforcement Board as an alternate member for an unexpired term ending January 14, 2007, seconded by Mrs. Archer. 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. 9.1(. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority for an unexpired term ending July 1, 2005. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he wished to appoint David Beale as a regular member to the Downtown Development Authority (DDA). Mr. Costin so moved, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - 21 - 03101/05 - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) At Large Representative to the Neighborhood Advisory Council for an unexpired term ending October 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Ms. McCarthy moved to appoint Marilyn Kennedy as an at-large representative to the Neighborhood Advisory Council for an unexpired term ending October 31, 2007, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 1 vote. 9.M. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint two (2) alternate members to the Nuisance Abatement Board for unexpired terms ending March 31, 2005. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3). Mrs. Archer moved to appoint Kenneth Kaltman as an alternate member to the Nuisance Abatement Board for an unexpired term ending March 31,2005, seconded by Ms. McCarthy. 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. Mr. Levinson moved to appoint Philip Friedman as an alternate member to the Nuisance Abatement Board for an unexpired term ending March 31, 2005, 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.N. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) regular member to the Parking Management Advisory Board to represent the Atlantic Avenue and State Road AlA corridors lying east of the Intracoastal Waterway for a term ending January 31, 2006. Based upon the rotation system, the appointment will be made by Commissioner Archer (Seat #2). Mrs. Archer moved to reappoint Jorge Ramos as a regular member to the Parking Management Advisory Board for a term ending January 31, 2006, seconded by Ms. McCarthy. 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. - 22- 03/01/05 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manae:er The City Manager asked the Commission how they would like him to address the comments and concerns expressed by the public this evening. He stated this is a very difficult and tragic situation; however, he has complete confidence in the Police Chief and feels he is handling it the best way he can. The City Manager stated with regard to the shooting, there is currently a criminal investigation going on to determine whether the actions of the officer were criminal in nature and whether he should be charged criminally. Once this is finished, the City starts its process to determine whether they violated City rules, departmental policies, etc. and whether they should be disciplined by the City even though they may have not been found criminally liable. The Florida Department of Law Enforcement (FDLE) does the investigating and will turn the results over to the State Attorney's office and the State Attorney's office can either take it to a grand jury, file charges themselves, or they can decide that charges are not warranted. 13.B. City Attornev The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mrs. Archer Mrs. Archer echoed comments expressed by the City Manager and stated the hands of the Police Chief are tied as to whether he can say or do anything at this point. She expressed concern that because of that there is no real release of information and there is a lot of speculation going on. She expressed concern that the City cannot get out the appropriate information and would like to see if there is anything that can be done to see that the appropriate information is getting out and that members of the community feel they are being heard. 13.C.2. Mr. Costin Mr. Costin stated this is a most unfortunate event and he leaves this to the Mayor to continue the good work he has been doing in trying to reach out to the community and calm the waters. 13.C.3. Ms. McCarthv Ms. McCarthy stated there was a funeral for Mr. William Young last Saturday at St. Paul AME and he was very instrumental in facilitating situations for the City of Delray Beach. - 23 - 03/01/05 She stated this has been a very intense 72 hours and there is a process that has to be followed and adhered to. She encouraged keeping some of the valid information throughout the community and through the Neighborhood Association Presidents and the organizations that they have. Ms. McCarthy stated she applauds those people who are putting in the time to make certain that the contacts through the City have been able to get that information. 13.C.4. Mr. Levinson Mr. Levinson reiterated comments expressed by the rest of the Commission and stated any time there is loss of life in a community it is tragic particularly those who die in an unnatural time. He stated not only does the City have the responsibility to gather the appropriate facts and urge the Florida Department of Law Enforcement (FDLE) and the State Attorney to work as quickly as possible to get a full story but at the same time he hopes the community will not jump to conclusions without knowing all the facts. He hopes to work with the community to urge them to allow all the facts to be gathered so that resolutions, suggestions, and a course of action can be plotted which addresses the specific information. Secondly, Mr. Levinson stated there is a Federal Credit Union on West Atlantic Avenue in Mr. Wideman's building and suggested that something be placed in the CDBG Target Area to provide people information regarding eligibility. He extended kudos to the Fire Department for raising $12,000 at a charity auction last Thursday benefiting the American Cancer Society. He stated the Fire Department and City employees continually volunteer and do great things for other organizations as well. Lastly, Mr. Levinson stated he will not be able to attend the meeting on Saturday; however, he hopes the appropriate City staff will attend the meeting so that this process can be explained and possible timeframes can be laid out. 13.C.5. Mavor Perlman Mayor Perlman stated he will be in Washington tomorrow with Bob Hagel and will be available on his cell phone for those that need to contact him. Secondly, he stated he will be meeting with the U.S. Conference of Mayors to discuss what the latest is regarding the CDBG issues. He stated the Fair Housing Center of the Palm Beaches expressed a desire to have their annual meeting during Fair Housing Month in Delray Beach. Mayor Perlman stated he suggested that they look into holding the meeting at the Golf Course and inquire about a non-profit rate. He suggested that someone can help Brahm Dubin negotiate a cost per plate. - 24- 03/01105 With regard to the shooting, Mayor Perlman stated he and Chief Schroeder will be attending the meeting on Saturday at 9:00 a.m. which was organized jointly with the NAACP. Mayor Perlman stated while he is pleased to attend the meeting on Saturday, he feels when people meet in large groups it tends to diminish the effectiveness of the communication because it tends to become too emotional very quickly and then the meeting does not become very productive. Mayor Perlman stated Chief Schroeder and the Major will make themselves available to meet with small groups individually in people's homes ifthis is what it takes. He expressed concern over people questioning the sincerity of the City Administration and Leadership in the context of the R.A.C.E. Relations initiative and redevelopment of the Southwest or West Atlantic Avenue. Mayor Perlman stated there is a two-way communication that needs to happen and people need to connect as human beings. Mayor Perlman expressed concern that with some people no matter how much infonnation is provided it is not going to change their perspective. He stated as painful as these things are there are opportunities even in the biggest tragedies and the opportunity here is for dialogue, one-on-one connection and communication. Mayor Perlman stated something positive can come out of even the worst tragedies where you can still find some life lesson and a way to move forward and unify people. There being no further business, Mayor Perlman declared the meeting adjourned at 9:05 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the infonnation provided herein is the Minutes of the Regular City Commission Meeting held on March 1, 2005, which Minutes were fonnally approved and adopted by the City Commission on City Clerk - 25- 03/01105 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. - 26- 03/01/05 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTI MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS \ST NAME-f'IRST NAME-MIOOLE NAME é:,j7/ /<J J?DBE~r /"?4o L MAlUNG ADORESS 36 /V-E- sIJ AV'E ~ CITY "±>EL~.¡ ~ /3EAc:;--/ DATE ON WHIQi VOTE I ð COUNTY -;Po ß - a OTtER LOCALAGENCY ~ a APPOINTIVE WHO MUST FILE FORM 88 This fann Is for use by any person serving at the county, city. or other IocalleveJ 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 conftict 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 greaUy 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 \ person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which nures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- _ ¡ure 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-if'Haw, 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 assembty the nature of your interest in the measure 00 which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this foon with the person responsible for recoo:fing the min- utes of the meeting, who should incorporate the fonn 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 )y you or at your direction. -J= 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 inftuence the decision) with the person responsible for recording the minutes of the meeting, who will Incorporate the foon in the minutes. (Continued on other side) ~~,~ œ FORM 88 . EFF. 1/2000 PAGE 1 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 vòte occurs with the person responsible for recording the minutes of the meeting, who must incorporate thé forrìt in the minutes. A copy of the fonn must be provided immediately to the other members of the agency, and the form must be read publicly ~t the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. ~ CJ B £ .K T ? . ¿;'f 7/ ~ . hereby disclose that on þJ /? ~ c..,,£ / ,- .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, 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. (b) The measure before my agency and the nature of my conflicting Interest In the measure Is as follows: ~"' ~7~-p./~, ~~ '}'-/3 ,by , which r 3A~¿- Date FUed 4~~/~ Signature ..--" 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. 112000 PAGE 2 , SPECIAL MEETING MARCH 10, 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, March 10,2005. 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 Mayor Perlman called the meeting to order and announced that it had been called for the purpose of considering the following item: 1. MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the results of the March 8, 2005 First Nonpartisan Election. Mr. Costin moved to approve the cumulative totals for each candidate for Commission Member/Seat #3, including all of the regular, absentee and provisional votes as presented, and that it is hereby declared, based upon the above and foregoing results, that Jon Levinson is elected as Commission Member/Seat #3 for a two year term commencing on the 31st day of March, 2005, and ending in accordance with the City Charter, 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 5-0. 2. RESOLUTION NO. 9-05: Consider approval of Resolution No.9-OS authorizing the City to purchase property located at 80 Depot Avenue to provide land for the City's storage facility; and Contract for Sale and Purchase between the City and Trackside Brothers, LLC in the amount of $1,575,000.00. Susan Ruby, City Attorney, stated thts item involves the 80 Depot Road property and stated Bill Plum was present. She stated this was before Commission for acceptance of the offer, to make a counter-offer or total rejection of the offer. Mr. Levinson stated he thinks it is definitely worth moving ahead and asked whether grant monies could be obtained for the purchase and/or operation of the facility. Chief Koenstated he will explore obtaining grant monies. Mayor Perlman stated he wanted to commend Chief Koen for coming up with a very innovative idea. Mr. Levinson moved to approve Resolution No.9-OS, seconded by Mr. Costin. 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 5-0. 3. ALTERNATIVE WATER SUPPLY GRANT APPLICATION/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Authorize staff to submit a grant application to the South Florida Water Management District (SFWMD) in the amount of $300,000.00 for alternative water supply funding. Mr. Costin moved to authorize the Mayor to sign the appropriate documentation for the alternative water supply grant application, seconded by Mr. Levinson. 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 5-0. 4. CONTRACT AWARD/ROSSO PAVING & DRAINAGE. INC.: Approve a contract award to Rosso Paving & Drainage, Inc. in the amount of $149,947.50 for the illstallation of concrete slabs, sidewalks, and curbs for the Bus Shelters Project. Funding is available from 334-3162-544-65.70 (General Construction Fund/Bus Shelters). Dick Hasko, Environmental Services Director, gave an overview of the item and stated staff will come before the Commission with a bid award next month for the bus shelters themselves and is hoping to have everything done by September. Mr. Costin asked how will the sites for the bus shelters be selected and if there are any priority sites. Mr. Levinson asked what the time frame was for the bus shelters and if we are still in the reasonable range for concrete work where we were before regarding pricing. Mrs. Archer moved to approve the contract award to Rosso Paving & Drainage, Inc. in the amount of $149,947.50 for the installation of concrete slabs, sidewalks, and curbs for the Bus Shelters Project, 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 5-0. Mayor Perlman declared the Special Meeting adjourned at 6: 1 0 p.m. City Clerk A TrEST: MAYOR 2 March 10, 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, March 10, 2005, which Minutes were formally approved and adopted by the City Commission on March 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 March 10,2005 WHEREAS, the City of Delray Beach Parks and Recreation Department is dedicated to enriching the quality of life for community members by providing meaningful recreational opportunities in exemplary park environments; and WHEREAS, the Parks and Recreation Department held the 16th Annual Delray Beach Senior Games from February 11, 2005 through February 18,2005 for participants over 50 years young; and WHEREAS, there were II athletic events, to wit, golf, tennis, track and field, swimming, health walk, basketball skills, bowling, lawn bowling, bridge, shuffleboard, and table tennis; and ' WHEREAS, the Delray Beach 2005 Senior Games were designated an official regional qualifying site for the 2005 Florida State Senior Games; and WHEREAS, there were 300 contestants in the 2005 Senior Games, 13 of whom won 4 or more medals: ~ Herbert Furash - 10 medals in swimming (7 gold and 3 silver); ~ Loring Holmes - 10 gold medals in swimming; ~ Ed Rangel - 6 medals (1 silver and I bronze in basketball skills; 1 gold, 2 silver, and I bronze in track and field); ~ Justin Langnser - 5 medals (1 gold and I silver in basketball skills, 1 silver in golf, and 2 gold in track and field); ~ Robert Spaulding - 5 gold medals in swimming; ~ Vivian Stirpe - 5 medals (3 gold in swimming, I gold in table tennis, and I gold in track and field); ~ Raymond Lebowitz - 5 medals in track and field (4 gold and I silver); ~ Raymond Bowles - 5 medals in swimming (4 gold and 1 silver); ~ Kevin Doyle - 5 medals in track and field (3 gold and 2 silver); ~ Fred Henderson - 4 medals in swimming (3 gold and 1 silver); ~ Jose "Tony" Santana - 4 medals in track and field (2 gold, I silver, and 1 bronze); ~ Abe Ulanoff - 4 medals in track and field (3 gold and I silver); ~ George Van Spronsen - 4 medals ill swimming (2 gold and 2 silver). NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim that Raymond Bowles, Kevin Doyle, Herbert Furash, Fred Henderson, Loring Holmes, Justin Langsner, Raymond Lebowitz, Ed Rangel, Jose "Tony" Santana, Robert Spaulding, Vivian Stirpe, Abe Ulanoff, and George Van Spronsen are to be commended for their many triumphs in this competition, and for their spirit and enthusiasm. 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 March, 2005. JEFF PERLMAN MAYOR 01< 1 {.gf\ Date: March 3, 2005 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: March 15, 2005 Description of Agenda Item (who, what, where, how much): Request issuing a Proclamation signed QY the Mayor honoring multiple medal winners in the 2005 Senior Games. City Attorney Revi !Recommendation (if applicable): Department Head Signature: Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @ I No Hold Until: Initials: ~ , Agenda Coordinator Review: Received: PROCLAMATION WHEREAS, the City of Delray Beach Parks and Recreation Department is dedicated to enriching providing meaningful environments; and the quality recreation of life for opportunities community members by in exemplary park WHEREAS, the Parks and Recreation Department held the 16th Annual Delray Beach Senior Games from February 11, 2005 through February 18, 2005 for participants over 50 years young; and WHEREAS, there were 11 athletic events, to wit, golf, and field, swimming, health walk, basketball skills, bowling, bridge, shuffleboard and table tennis; and tennis, bowling, track lawn WHEREAS, the Delray Beach 2005 Senior Games were designated an official regional qualifying site for the 2005 Florida State Senior Games; and WHEREAS, there were 300 contestants in the 2005 Senior Games, 13 of whom won 4 or more medals, to wit as follows: ~ Herbert Furash - 10 medals in swimming (7 gold and 3 silver); ~ Loring Holmes - 10 gold medals in swimming; ~ Ed Rangel - 6 medals (1 silver and 1 bronze in basketball, 1 gold, 2 silver and 1 bronze in track and field); ~ Justin Langnser - 5 medals (1 gold and 1 silver in basketball skills, 1 silver in golf, and 2 gold in track and field); ~ Robert Spaulding - 5 gold medals in swimming; ~ Vivian Stirpe - 5 medals (3 gold in swimming, 1 gold in table tennis, and 1 gold in track and field) ; ~ Raymond Lebowitz - 5 medals in track and field (4 gold and 1 silver) ; ~ Raymond Bowles - ~ Kevin Doyle silver) ; ~ Fred Henderson - 4 medals in swimming (3 gold ~ Jose "Tony" Santana - 4 medals in track and silver, and 1 bronze) ; ~ Abe Ulanoff 4 medals in track and field (3 gold and 1 silver) ; ~ George Van Spronsen silver) . 5 5 medals in swimming (4 gold and 1 silver); medals in track and field (3 gold and 2 and 1 silver); field (2 gold, 1 4 medal in swimming (2 gold and 2 .. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim that Raymond Bowles, Kevin Doyle, Herbert Furash, Fred Henderson, Loring Holmes, Justin Langsner, Raymond Lebowitz, Ed Rangel, Jose "Tony" Santana, Robert Spaulding, Vivian Stirpe, Abe Ulanoff and George Van Spronsen are to be commended for their many triumphs in this competition, and for their spirit and enthusiasm. IN WITNESS WHEREOF, official seal of the City day of March, 2005. I have hereunto set my hand and caused the of Delray Beach, Florida, to be affixed this 15th Jeff Perlman MAYOR ~ WHEREAS, the American Legion is an organization of United States Veterans of War dedicated to the concept of a continuing service to God and Country; and WHEREAS, the Congress of the United States chartered the American Legion in 1919 shortly after World War I; and WHEREAS, the American Legion has achieved a position of high esteem through its active pursuit of programs of service designed for the benefit of community, state, and nation; and WHEREAS, the United States Veterans Bureau, forerunner of the Veterans Administration (subsequently the Department of Veterans Affairs) was created in 1921 as a result of efforts by the American Legion; and WHEREAS, the American Legion also authored the first draft of the Serviceman's Readjustment Act, popularly known as the GI Bill of Rights, passed by the U.S. Congress in 1944; and WHEREAS, the American Legion's primary mission is to hdp American veterans and their families, as well as American children and youth and they will cdebrate their 86th Anniversary, March 15-17,2005. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of March 15 through March 21, 2005 as AMERICAN LEGION BIRTHDAY WEEK in the City of Delray Beach, Florida, and call upon all citizens, business firms, and organizations to join in paying tribute to the good works of the American Legion. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City ofDelray Beach, Florida, to be affixed this 15th day of March, 2005. JEFF PERLMAN MAYOR lQß OJ¡Ol!~005 1~:34 'SEll '2734:: 31 ROB','t I W)3LOIlI PA'"E 131 A",,¢ric~" ~5iDH Mi1tOt1- M\ierøPO$f 6$ t)~1T~\i Bu.cJ.t, f1orib~ Tuesday, March 01, 2005 TO' City C leJ1< Delray Beach. FL FAX 243-3774 TEL FROM Scott Schley. Commander American Legion Post 65 TEL 274-8214 RE: Commission meeting of 15 March 2005 I am requesting a moment at the beginning of the Commission Meeting to announce the 86th anniversary of American Legion in the United States. which is on March 18th, 2005. Post 65 WIll celebrate by having a celebratory dinner on Saturday 19 March 2005, 5:00 - 8:00PM. All are welcome to participate. In the past MaYQr David Schmidt had given a proclamation to Post 65. It would be appreciated if Mayor Jeff Perlman would do the same. Please advise if this is possible - contact: Scott Schley, Commander 274-8214 Thank you. ,,<" ,,'" ."'\ . \ ¡'oti-' \",þ.R \\ ~ '., ~...~ Vt-' (J<\ '. ~ WHEREAS, although Equal Housing Opportunity is a right guaranteed to all Americans under Tide VIII of the 1968 Civil Rights Law, the struggle against discrimination in housing continues; and WHEREAS, each year since the enactment of the National Fair Housing Act, the federal government designates April, the anniversary month of that law, as Fair Housing Month; and WHEREAS, on this the 37th Anniversary, the City of Delray Beach is pleased to join in that designation, since it provides an opportunity for all Americans to rededicate themselves to the principles of freedom of housing choice and to reacquaint themselves with the rights and responsibilities that are theirs under the law; and WHEREAS, since fair housing is consistent with the principle of equality and justice for all - principles upon which our nation was founded - we all need to share in the fight to ensure fair housing is a reality for all residents; and WHEREAS, the Fair Housing Center of the Greater Palm Beaches provides fair housing education and outreach services for the City of Delray Beach. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim April, 2005 as FAIR HOUSING MONTH in the City of Delray Beach, Florida, and urge, all citizens to join the efforts to reaffirm fair housing opportunities for all people. 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 March, 2005. JEFF PERLMAN MAYOR vt 4 (gC- ! Enforcement. Education & Legal Support ServIces FAIR HOUSING CENTER OF THE GREATER PALM BEACHES 1300 West Lantana Road· Suite 200· Lantana, FL 33462 VOIce: 561-533-8717· Toll Free: 1-877-910-FAIR· Fax: 561-533-8163 e-mail: jhcpalmbeach@cs.com · web-site: www.jairhousingflorida.com February 11,2005 . ¡ .1 !- Mayor Jeff Perlman City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 FEB I 7 ÎOllj i_ _} " , Dear Mayor Perlman, It is that time of the year again when cities and local municipalities in Palm Beach County show their support for Fair Housing. Throughout our nation, every city and county has been encouraged by our federal government to acknowledge and support the celebration ofthe Fair Housing Act. As you know, April is National Fair Housing Month and we are encouraged that we can count on your continuing support as we ask you to enact a proclamation supporting the Fair Housing Act,just as the City of Delray Beach has done in the past. To help your city do its part, we have enclosed a copy of the proclamation you signed in 2004 to assist you. Please note the changes that will need to be made on this year's proclamation: . This year is the 37th anniversary of the Fair Housing Act . The date needs to be changed from April 2004 to April 2005 BECAUSE OF YOUR CONTINUING SUPPORT IN FAIR HOUSING, I WANT TO INVITE YOU TO JOIN YOUR FELLOW GOVERNMENT OFFICIALS AT THE FOURTH ANNUAL FAIR HOUSING MONTH CELEBRATION LUNCHEON, WHERE WE INTEND TO RECOGNIZE YOUR CONTRIBUTION TO THIS VERY IMPORTANT STRUGGLE. For your immediate planning infonnation, the luncheon will be held on Friday, April 22, 2005 at 11 :30 a.m. Additional infonnation will be provided soon. Any financial contribution to support this fair housing recognition in your community would be greatly appreciated. (See attached.) Our office will be contacting you soon to confinn your participation. If you have any questions or need any additional infonnation, please do not hesitate to contact me at (561) 533-8717. YZHOUSing, Vince L. Larkins President & CEO A MEMBER OF THE NATIONAL FAIR HOUSING ALLIANCE ,- - .... .~ '-~ -. - ---:, ...} " . ~~~ ~~ ( J-~~:¿: ~(~~'... --~:- '-If .,:;!. .:1: -'¡~ ,.' . , . J-p .t"'f.~ ~ [ITY DF DELRAY BEACH ~.,- ,. , . . '- " . _ ~"i~~ ~~< - l~: ~-~~_:~~,' , ..-..~:!J,:~-_...~-~............_':._~~~~...;a;,,",-.:.~ ~- . OElRAY BEACH. ftORIÖA 33«. . 56112.3-7000 OØ&U' I(A(H .'~ All AMdcICIIr 'I liE 100 N W. 151 AVENUE PROCLAMATION ,...., WHEREAS. although Equal Housing Opportunity is a right guaantecd to all Americans under Tide VIII of the 1968 Civil Rights Law. the sttuggle against discriminaåon in housing conånues; and WHEREAS, each yeu: since the enactment of the Naåonal Fair Housing Act, the fcderal government designates April., the anniversary month of that law, as Fair Housing Month; and 81f'k WHEREAS. on this the MJb Annive.rsuy, the City of Dehay Bach is pleased to join in that designaåon. since it provides an opportunity for all Amerians to rededicacc themselves to the principles of freedom of housing choice and to reacquaint themselves with the rights and responsibiliåes that are theú:s U11der the law; and =- WHEREAS, since fair housing is consistent with the priacipJe of equality and justice for all - principles upon which o\tt nation was fowuicd - we &:Il need to share in the fight to ensure fair housing is a reality for all residents; and WHEREAS. the Fair Housing Center of the Greater Palm Beaches provides fair housing educaåon and outreach services for the City of Deltay Beach. NOW, THEREFORE, I, JEFF PERLMAN. Mayor of the City of Delray Beach. Horida, on behalf of the City Commission do hereby proclaim April 2001 as 5 ~ FAIR HOUSING MONTH in the City of Delray Beach, Horida. and urge, all àrizens to join the efforts to reaffinn fair housing opportuniåes for all people. IN WITNESS WHEREOF. I have hereunto set my hand and caused the Official Seal of the Ciry of Delra)' Beach. Rorida, to be affixed this W-day'Uf April. 2001. ~ ~. --.- ~~.;.,' ./~y~ J . .ls.j ........ .... f; : '" .. ~"..~ -.... ~ ~ ~ # -6..; .., .'" ..~ .. 1I .... ~ _ ~ . \.. ~"'''., ~~- - .'. ~~\io ~,1 . . . ~....~ ". ,-.., ~ ~.!iIII ~ .....":_ ... FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. F~ 2005 4rd ANNUAL FAIR HOUSING MONTH CELEBRATION LUNCHEON SPONSOR CAMPAIGN DRIVE Mission Statement The Fair Housing Center of the Greater Palm Beaches (FHC) is dedicated to ensuring equal and affordable housing opportunities for all people by promoting culturally diverse communities through open housing and the elimination of all barriers to that goal. NAME DATE ENTITY TITLE ADDRESS CITY STATE ZIP TELEPHONE FAX E-MAIL Bronze Sponsor $1000 + Û Silver Sponsor $2000 + Û $3000+ C Major Sponsor $4000 + Û Other $ C Please return tbis form to tbe: Fair Housing Center of the Greater Palm Beaches 1300 West Lantana Road, Suite 200 Lantana Florida, 33462 [IT' DF DELRAY BEA[H DElRAY BEACH F l 0 It I () A. tdtd AII.AmericaCity 100 N W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 561/243-7000 , 'II'! 1993 2001 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Cornell Park DATE: March 3, 2005 As we discussed, attached please find a site plan and cost estimates for Cornell Park. I would like to make a presentation to City Commission on March IS, 2005. Parks and Recreation Attachments cc: Carolanne Kucmerowski Agenda Coordinator JW: cp Ref:dhcornell * Printed on Recycled Pape' THE EFFORT ALWAYS MATTERS ~ß CORNELL PARK CITY OF DELRAY BEACH PROBABLE CONSTRUCTION - COST ESTIMATE PARK ELEMENT AREA UNIT COST/S.F. CONSTRUCTION ASPHALT PARKING ASPHALT JOGGING TRACK SITE AMENITIES, Benches, bike racks, etc. 4,415 S.F. $4.50 'S.F. 7,635 S F. $2.25 S.F. SOD/IRRIGATION BUDGET 75,010 S.F. $1.75 S.F. $19,867.50 $17,178.75 $5,000.00 $131,267.50 $15,000.00 $188,313.75 Bollards SUBTOTAL GENERAL CONDITIONS 10% $18,831.38 TOTAL CONSTRUCTION COST $207,145.13 DESIGN FEES CONTINGENCY ALLOWANCE 12% $24,857.42 $20,714.51 10% $252,717.051 TOTAL PROJECT COST Prices based on February 2005 Construction Cost Phase 2 Construction Playground Equipment Playground Surfacing (1) Shade Shelter Sidewalk Landscape ~ trees and shrubs Design, general conditions, contingency 3,900 S.F. $5.00/S.F. $50,000.00 $36,000.00 $20,000.00 $19,500.00 $100,000.00 $50,000.00 3,600 S.F $10.00/S.F. Phase 2 Estimate $275,500.00 n n ::; 0 '< .. ::t 0 == - C "'U II .. ~ .. II ~ '< CD II .. () ;r ... õ .. a: II tn :¡ m II: )Þ tn -I m :III 'V s~ ."z . I{ t)! ::c o g ~ ~ Ci .., rn ª~ ~~ ~> ..... ~Ii z.. ~B ~:¡!e ids :21'!l = ci!!" ~im "o~ IB' ~ i 61 'I' ij¡1 =1 I . h I ~ , Ii I ..... !ig is ! ¡¡ I ~U I ~ !. i ~ ~ S , I ~ n..o... I = iê=- I' go~ "0 , tz I ì I ..I' j I . t _....01'____ ; I ~J~~--.:"______________________ I I L____ ___ ~""";;------___\__--~ , i I I ¡ ·llì I E'!I I ,'. J ¡:j¡ ! II~ . ~ ~ ~i Wil (þ · ~ ~ia ~ :¡ I; ì ~I!~ i m " II ¡ 1I;;i ¡ . III filii :II ~ Z a' tD Ii) . .~~. z r' aa_ 0 . " ... p m å (þ !B ~ g] EI ~ @] 13 ~ @ @] ~ 18 (þ ¡~ ~; I n¡ ~ i ~ ¡2 ~i ifil ;1 18 :¡ m Aè I h~ \! i I I- I, al " 3' Ii I ~i ii MI Ii ... ~~ I ~¡I i . II ~I~ I z II I ., ii Ii 1 . ~ ~~ ~~~ I .. m Xx J I iiiï;. , hi 0( ~~ . z .- . IS 0 ... it I ... I m (þ Date: March 3, 2005 AGENDA ITEM NUMBER:~ AGENDA REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: March 15, 2005 Description of Agenda Item (who, what, where, how much): Request approval to make a presentation. to City Commission on Cornell Park. D.epartment Head .,~ Z) ,~ SIgnature: . \ City Attorney Review/~commendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @ I No Initials: ~.. Hold Until: Agenda Coordinator Review: Received: [IT' DF DELIA' BEA[H DELRAY BEACH , lOR I ') A tdtd All-America City 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 , 'II'! 1993 2001 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Miracle League DATE: March 3, 2005 Attached please find information concerning a proposed Miracle League baseball diamond at Miller Park for physically and mentally challenged children. I would like to make a presentation to City Commission at the March IS, 2005 meeting. 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I:: o ¿: ~ o >- "-' o Q) ..c: "-' >- .CI 1:J Q) "-' co I:: o ï:J (J) CO ~ ï:J I:: CO 1- Q) "-' I:: Q) U 6 ...... ~ (l) S o ~ I ('¡) ;::! of.¡ ro ('¡) ---<I ('¡) ---< . CJ C'd I-< ] ('¡) ;:j 0.0 C'd ('¡) :1 ---< CJ ro I-< ~ S o <.:! C!) o ~ o ~ o ,.D ;:j u ~ ...... o j f 1- .Q I:: Q) (J) >- "-' I:: :J o U "-' (J) CO W Q) J:: "-' ..... o J:: .µ :J o (J) .!!1 Q) ~ (J) Page 1 of2 Weldon, Joseph -----~----- ~____________________________R_______________ From: Collette [collette.reams2@verizon.net] Sent: Tuesday, October 26,20046:41 PM To: Weldon, Joseph Cc: Ric Carlson Subject: Re: Miracle League Information Hi Joe, There is (J ".:a..Jirade bUJ!,1Ue it ' O1'ga-mmtimf in 6.,,1 that you can srïbscribe tQ. æ,fl-, lut[J:.~/} f}l.Jfj,t'" mira¡: 'ël£l1J!jI.e. coml We are a Rotary Club in liJtle j\(c.:rwœ, WA: lhmjlJSt kl¡ld o[..fftlJ'ted o.n (1M!" own 5 )"e't.l1'S ago, We liitlW apiece . that 111£ Ge.rlrg,f4 j'¡,.liracle League did Of1 HBO andþJ$'f WtmJ ' ,'i,;;f!h thm lde(t It.,. tOQ~ \j,',¡::tJ .:se~Jed by ala'''!Gl Rntmy (,1tlb there, but J¡a$ tak.en (J'J!'J a life olf!~fJ t.nm {)wsiik of/he ßotw..v C11{h_ We LV;£:' d~O~n~nt in iÌY.it we Jufl(hais~ at - -- du~ gra&.~I'QfJts level, 00 ail of the registFtniorf/¡n~nnrarlt."'t: ami actually r~m the groneiS' out'šehres. We work very C!ose{v'with our Parb Ik.pt. (J,t( fat" äl; (priority) schfJduUng (i.r}leldo¡ 1f-'Jtlwm 1m} rj"ï~; harf¡'ftl'l~ fiw dbal}Md persc"Jn.s (ie, .ifjf~p"S ¡niX; tlugoofs, rafs:ed base.\] and lm'1g l1.,mb ta.~p.om the p{u!dng J¡()I.~"tJ ~'Ve ntlVe mtr own logo that we came up with. We were feeling pressure from the orgainization above to stop using the "Miracle League" name unless we paid our dues. We're still undecided about that one. Does that make us a bit rebellious? <wink> We are just about to break ground on our special field We have 1 0 acres donated by our city and will deed the stadium back to them once finished I am including Ric Carlson in this reply, as he is our construction supervisor and can better answer any construction/materials questions you may have. I will tell you, it's a blast! Best of luck, :0) Collette --- Original Message ---- From: Weldon. Joseph To: collette. reams2@verízon.net Sent: Tuesday, October 26,20048.51 AM Subject: Miracle league Information 10/27/2004 I>ate: March 3, 2005 AGENDA ITEM NUMBER: \ ~ AGENI>A REQUEST Request to be placed on: _Consent Agenda ..LRegular Agenda _Workshop Agenda _Special Agenda When: March 15, 2005 I>escription of Agenda Item (who, what, where, how much): Request approval to make a presentation to City Commission on a proposed Miracle League baseball diamond at Miller Park for physically and mentally challenged children. City Attorney Rev e IRecommendation (if applicable): 0.~ I>epartment Head Signature: Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: Account Number I>escription Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: &/ No Initials: rl Hold Until: Agenda Coordinator Review: Received: TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAW.. ~~~' TY MANAGER PAJL"'tfõRLIN ,DI 'TOR OF PLAN.1NING ~D ZONING NGUYEN TRAN, SE OR PLANNER 1~4P'-- MEETING OF MARCH 15, 2005 * * * CONSENT AGENDA * * * APPROVAL OF A FINAL SUBDIVISION PLAT FOR A 13-UNIT, FEE-SIMPLE, TOWNHOUSE DEVELOPMENT KNOWN AS HIGHLAND GROVE ESTATES, LOCATED ON THE NORTHWEST CORNER OF OLD GERMANTOWN ROAD AND PALM COVE BOULEVARD. f&1 BACKGROUND The subject property consists of two (2) unplatted lots totaling 1.67 acres and contained two (2) single family residences which have been demolished. The property has a Future Land Use Map designation of Medium Density Residential and is zoned RM-8 (Medium Density Residential, 8 units per acre). On August 11, 2004, the Site Plan Review and Appearance Board approved a Class V Site Plan and Landscape Plan associated with the construction of a 13-unit townhouse development on the site. On December 20, 2004, the Planning and Zoning Board approved a Preliminary Plat and recommended approval of the final plat for Highland Grove Estates. Additional background and a complete analysis of the request is found in the attached Planning and Zoning Board report. PLAT DESCRIPTION The development proposal consists of three (3) two-story buildings constructed on lots that range in size from 35.55 feet to 49.20 feet wide by 63.62 feet to 93 feet deep. In addition, the development will have a common recreational area consisting of a swimming pool with deck, tot lot, rest rooms and trellis area. Vehicular access will be taken from Old Germantown Road onto a privately dedicated internal access tract shown as Tract "A" Tract "A", also named Highland Groves Drive, has been dedicated to the Homeowners Association for ingress-egress, parking, drainage and utility purposes and incorporates a "T" turnaround feature at the end. Tract "B" has been dedicated for landscape and buffer purposes while Tracts "C" and "0" have been dedicated for drainage and open space purposes. Tract "E" is dedicated for recreational purposes and a bus shelter easement has been provided at the southeast corner of the site adjacent to Old Germantown Road. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board considered the proposed plat at their meeting of December 20, 2004. After reviewing the staff report, the Board voted 5 to 0 (Mark Krall and Diane Borchardt absent) to approve the preliminary plat and to recommend to the City Commission approval of the final plat of Highland Grove Estates. All technical items have been satisfactorily addressed. RECOMMENDED ACTION Move approval of the request for final plat approval for Highland Grove Estates, by adopting the findings of fact and law contained in the Planning and Zoning staff report of December 20, 2004, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. Attachments Location Map, Reduced Survey and Reduced Plat Planning and ZOning Board staff report of December 20, 2004 S IPlannlng & ZonmglBOARDSICITY COMMISSIONIHlghland Grove Estates-Plat doc ~f\ »V ~\\U; ~ Vy I LAKEVIEW GREENS CONDO ~~ i~1 -t~ SW . 15TH I I ~ o « o n:: ;! ORCLE V1 ::> " ::> < i TOWN HOMES I LINTON (U ~ ~ <- ~ r 0- ..... N r-- ~ V1 ST ............. ............ CANAL L-36 B 0 U LEV A R 0 II sA/I\! ~ \. Ç)Ç;- "'ê/? "'- '\ DRII~"vA/1\'. ) 9;-'r- 'C 'Do c,,,'i' SPANISH ( ~ WELLS Q'?-\* '? ~( I ( ~ ~ SAN JUAN DR -' CD SUMMIT ~S I 0.. ~ DEL RAY ,,*,'Í" ~~D 3 OSS = ( r "<,, ~ 'OUm"NO:' - "" ~TA1"1 / AT _ ~ - 0 --............ AI r0WA¡ CROSSWINDS ~= / ¡ ~ [5::: - ~ · /"- ""m«>..; ~ ~r-_~ I \ I --g \ \ X I 1/ I \- -- g - CALABRIA W~Y - - I ¡ S W 23RD LN ~l~: Ì\-- SW 24TH LN~/>'" I I \ I /- p-- ./ ~ ~ « - z o a:: w > I- m CD « "" d-~' \ ""- U _ f---- SAN REMO WI Y ,;::~ "NO' ." I \ I! 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MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant...... .................. Highland Grove Estates, LLC Agent...... ............... ...... ........ ....... John Cyr, Southpoint Development Location...................................... Northwest corner of Old Germantown Road and Palm Cove Boulevard. Property Size.............................. 1.67 Acres Future Land Use Map................ MD (Medium Density, 5 -12 Units/Acre) Current Zoning............................ RM - 8 (Multiple Family Residential - Medium Density, 8 Units/Acre) Adjacent Zoning................North: RM (Multiple Family Residential - Medium Density) East: PRO (Planned Residential) South: A (Agricultural) West: RM - 8 (Multiple Family Residential - Medium Density, 8 Units/Acre) Existing Land Use...................... Vacant Proposed Land Use.................... Construction of a 13-unit, townhouse development with two-car garages, swimming pool, tot-lot, rest rooms, trellis area, parking and associated landscaping Water Service............................. Available via installation of an 8" water main within the internal access tract which will connect to an existing 8" water main in Old Germantown Road. Sewer Service............................. Available via installation of an 8" sewer main within the internal access tract which will connect to an existing 8" sewer main in Old Germantown Road. o « o n:: LAKEVlEW GREENS .CONDO n:: w > o o iE ... .... .. CALABRIA WAY ð Q: ~ w -' U 0: Ü .. 5 ;0 ãi m .. Q: V.A. I' '0 ITEM BEFORE THE BÖÂRD' '-I The item before the Board is that of approval of a combined preliminary/final plat for a 13-unit fee simple townhouse development known as Highland Grove Estates. The subject property is located at the northwest corner of Old Germantown Road and Palm Cove Boulevard. This plat is being processed pursuant to LOR Section 2.4.5(J), Major Subdivisions. ~ BACKGROUND ~ The subject property consists of two (2) unplatted lots totaling 1.67 acres and contained two (2) single family residences which have been demolished. The site was annexed into the City in 1988 with an initial zoning designation of Agricultural Residential Transitional (ART). The ART zoning designation was applied as a holding zone for properties annexed into the City in order to allow the existing agricultural uses being conducted on the properties to continue. With the citywide rezoning and adoption of the LOR in October of 1990, the property was rezoned to Agriculture (A). At its meeting of December 15, 2003, the City Commission approved a request to rezone the property from A to RM-8 (Medium Density Residential, 8 uta). The density suffix was applied to ensure compatibility with the adjacent residential uses. At their meeting of August 11, 2004, the Site Plan Review and Appearance Board (SPRAB) granted site plan approval for three (3) two-story buildings containing a total of 13-units on the subject property. The plat currently before the Board is required for townhouse type developments and was listed as a site plan condition of approval by SPRAB. I PROJECT/PLAT DESCRIPTION - I The proposed development consists of 13 dwelling units located on a 1.67 acre site, for an overall density of 7.78 units per acre. The proposal includes the construction of three (3) two-story buildings with three and four bedroom units. All units will include a two car garage and individual driveways. The units range in size from 2,953 square feet to 3,013 square feet and the development will have a common recreational area consisting of a swimming with deck, tot lot, rest rooms, and trellis area. The lots range in size from 35.55 feet to 49.20 feet wide by 63.62 feet to 93 feet deep. All lots will take access from a privately dedicated internal access tract (Tract "A") off Germantown Road named Highland Groves Drive. This access tract will be utilized as a private street, for parking, drainage and utility purposes and incorporates a "T" turnaround feature at the end. Tract "B" is being dedicated for landscape and buffer purposes and will contain a bus shelter easement. Tracts "C" and "0" are being dedicated for drainage and open space purposes and Tract "E" is dedicated for P&Z Board Staff Report Highland Grove Estates - Plat Page 2 Recreational purposes. All Tracts will be dedicated to the Homeowner's Association and will be maintained by the Homeowner's Association when formed. J' , ><.>, ~- .:,; ~~' PLAT ANÂLVSIS' , .' ..... C "I ' ,. ~ Æ : ~:~_ Pursuant to Section 3.1.1 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 in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the land Development Regulations. SlØion 3.1..a1..1A) - Future land Use MaD: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future land Use Map. The subject property has a Future Land Use Map designation of Medium Density (MD), and is zoned Medium Density Residential-8 units per acre (RM-8). Pursuant to LDR Section 4.4.6(8) (3), within the RM zoning district, multiple family structures with a maximum density of twelve (12) units per acre are allowed as a permitted use. However, the subject property is limited to eight (8) units per acre based upon the affixed numerical suffix. As the proposed density is 7.78 units per acre, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 @ - Concurrency: Pursuant to Section 3.1.1 (B) Concurrency as defined pursuant to Objective B-2 of the Future land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ~ Water service will be provided to the site via installation of an 8" water main within the internal access road (Tract "A") which will connect to an existing 8" water main within Germantown Road right-of-way. ~ Sewer service will be provided to the site via installation of an 8" sewer main within the internal access road which will connect to an existing 8" sewer main within Germantown Road right-of-way. ~ Fire protection is proposed to be provided by two fire hydrants. One at the northwest corner of the property and the other at the southeast corner of the site adjacent to the entrance. P&Z Board Staff Report Highland Grove Estates - Plat Page 3 The addition of 13 multiple family units will have minimal impact on water and sewer demands as it relates to this level of service standard. The adopted Comprehensive Plan states that the City's Water Treatment Plant and South County Regional Wastewater Treatment Plant have adequate treatment capacity for the City at build- out based upon the current Future Land Use Map designations. Streets and Traffic: The applicant has submitted a traffic statement which indicates that the proposed 13 unit development will generate 9 AM and 10 PM peak hour trips. The traffic statement submitted also indicates that the proposed multi-family development will increase the Average Daily Trips (ADT) by 71 trips. This is based upon the difference between the 20 ADT from the previously existing two single family homes and the 91 ADT to be generated by the proposed thirteen (13) unit town home development. A copy of the traffic statement has been transmitted to Palm Beach County for acceptance. A letter from the Palm Beach County Traffic Division indicating that the project meets the Traffic Performance Standards of Palm Beach County has been received. Therefore, positive findings with respect to this level of service standard can be made. Parks and Recreation Facilities: The proposed 13 residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. Pursuant to LDR 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 each unit. A total fee of $6,500 will be required of this development for parks and recreation purposes. Solid Waste: The proposed thirteen (13) residential units will generate 6.76 tons of solid waste per year (13 units x 0.52 tons = 6.76 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021. DrainaGe: Drainage will be accommodated on site via an exfiltration trench system located within the internal access tract and across Lots 1-5, 8, 9, 12 and 13. There should be no impact on drainage as it relates to this level of service standard. Schools: The applicant has submitted the required letter of Concurrency Determination to the Palm Beach County School District and the City has received an approved letter of Concurrency from the Palm Beach County School District. Section 3.1.1 © - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the peñormance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. P&Z Board Staff Report Highland Grove Estates - Plat Page 4 As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 @ - Compliance with the land Development Reaulations: · lDR Section 4.3.3(0)(2) (Plat Reauired): Each townhouse, or townhouse type, development shall be platted with a minimum designation of the interior street system as a tract. When the dwelling units are to be sold, each unit must be shown on the plat. The plat depicts each unit as a separate lot and an internal access tract has been dedicated for access purposes. The submitted plat meets all other requirements. · lDR Section 6.1.3(B)(2)(Sidewalk Desian Reauirements): Pursuant to LOR Section 6.1.3(B)(2), 5' wide sidewalks must be constructed within the street right-of-way (or easement or tract) and must be constructed adjacent to the right-of-way (easement or tract) line. The applicant has requested that a waiver be granted to this requirement that would reduce the required 5' wide sidewalk to a four foot (4') wide sidewalk to be constructed along the east side of the interior street and another waiver request to eliminate the required 5' wide sidewalk along the west side of the interior street. The Site Plan Review and Appearance Board recommended approval of these waivers at their regularly scheduled meeting of August 11, 2004. These waivers are scheduled to be considered for approval by the City Commission on January 4, 2005. · lDR Section 5.3.1 (Riaht-of-Wav Dedication): Pursuant to LOR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width Germantown Road is 80' and 80' of right-of-way currently exists. Based upon the above, no additional right-of- way dedication is required. · lDR Section 6.1.2(mí!)(Pavement Width): Pursuant to LOR Section 6.1.2(B)(3), the required pavement width for a local street is 24'. The development proposal provides a 22' wide asphalt drive aisle width. Pursuant to LOR Section 6.1.2(C), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. P&Z Board Staff Report Highland Grove Estates - Plat Page 5 The City Engineer and the Fire Marshal have reviewed the request to reduce the pavement width from 24' to 22' and are in support of the reduction as long as vehicles are not parked anywhere within this 22' wide access tract. Positive findings were made within the SPRAB report of August 11, 2004, but was inadvertently left out of the motion for a formal recommendation of the request for a waiver to LDR Section 6.1.2(B)(3). Therefore, the Planning and Zoning Board is is being requested to make a formal recommendation of approval to the City Commission for a waiver to LDR Section 6.1.2(B)(3) to reduce the pavement width from 24' to 22'. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan were conducted with the Site Plan and all applicable objectives or policies along with a discussion on how they are addressed is attached as Appendix "C". I TECHNICAL ITEMS , Technical comments from the Planning & Zoning Department, Environmental Services Department, and Fire Department, are attached as Appendix "B", and must be addressed prior to scheduling of the plat for City Commission consideration. REVIEW BY OTHERS This project proposal is not within the geographical area requIring review by the Historic Preservation Board (HPB), the Community Redevelopment Agency (CRA) or the Downtown Development Authority (DDA). Courtesy Notices: A courtesy notice has been sent to the following associations and civic organizations: l] Progressive Residents of Delray (P.R.O.D.) l] Presidents Council l] Rabbit Hollowe HOA Assoc. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION I The development proposal to construct 13 fee-simple townhouse units is consistent with the Zoning and Future Land Use Map designations for the subject property. Positive findings can be made with regard to Concurrency and Comprehensive Plan consistency, as well as LDR Section 3.2.3 (Standards for Plat Actions). The plat and P&Z Board Staff Report Highland Grove Estates - Plat Page 6 engineering plans will require several technical modifications, as listed in "Appendix B" - Technical Items section of this report, before it can advance to the City Commission. I ALTERNATIVE ACTIONS , A. Continue with direction. B. Move a recommendation of approval to the City Commission of the request for a Final Plat approval for Highland Grove Estates, 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 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition; and, By Separate Motion: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 6.1.2(B)(3) to reduce the minimum pavement width for an interior road from 24' to 22'), by adopting the findings of fact and law contained in the Site Plan Review and Appearance Board Staff Report of August 11, 2004, 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 Land Development Regulations. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Move a recommendation of denial to the City Commission of the request for a Final Plat approval for Highland Grove Estates, based upon a failure to make positive findings of fact and law contained in the staff report, and failing to make positive findings that the request and approval is consistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. STAFF RECOMMENDATION I I Move a recommendation of approval to the City Commission of the request for a Final Plat approval for Highland Grove Estates, 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 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat P&Z Board Staff Report Highland Grove Estates - Plat Page 7 Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: . That all comments under the "Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action; and, By Separate Motion: . Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 6.1.2(B)(3) to reduce the minimum pavement width for an interior road from 24' to 22'), by adopting the findings of fact and law contained in the Site Plan Review and Appearance Board Staff Report of August 11, 2004, 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 Land Development Regulations. Attachment: · Appendix "A" · Appendix "B" · Appendix "C" · Location Map · Reduced Survey · Reduced Plat · Reduced Site Plan S:\Planning & Zoning\BOARDS\P&Z BOARD\Highland Grove Estates-Plat.doc P&Z Board Staff Report Highland Grove Estates - Plat Page 8 APPENDIX A STANDARDS FOR PLA T ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable X Meets intent of standard Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable X Meets intent of standard Does not meet intent c. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. P&Z Board Staff Report Highland Grove Estates - Plat Page 9 Not applicable Meets intent of standard X Does not meet intent G. 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 the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. 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. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler 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. Not applicable Meets intent of standard X Does not meet intent P&Z Board Staff Report Highland Grove Estates - Plat Page 10 APPENDIX B TECHNICAL COMMENTS I The following comments must be addressed prior to scheduling the plat for City Commission: Planninø & Zoninø Deøartment Comments Technical: 1. The City has not received responses from utility companies (FP&L, Adelphia Cable & BellSouth) concerning any necessary easements. The Final Plat cannot proceed to City Commission until ALL responses have been received. 2. Please provide a recorded copy of the Articles of Incorporation (through Florida Department of State, Division of Corporations) on the formation of the name of the Homeowner's Association (Highland Grove Estates, LLC) which is to accept the perpetual maintenance obligation of all common areas. 3. Provide a copy of the Declaration of Covenants, Conditions and Restrictions for the development (Homeowner's Association Documents). Plat: 1. Tie plat to a section corner. 2. Please correct the Vicinity Map to reflect the correct plat location. 3. Remove the extra "s" in Grove~ in all references to "Highland Grove Estates" as a matter of consistency. 4. Replace the "0" in "ONEOQUARTER" with an apostrophe located within the fourth paragraph under the dedication section. 5. Add "Parking, Drainage and Utility Purposes" to the dedication language for Tract "A". 6. Add "Open Space" to the dedication language for Tracts "C" and "D". 7. According to the Paving, Grading and Drainage Plans (Sheet C-4) and the Site Plan, a Bus Shelter Easement is shown to be located at the Southeast corner of the site. A 10' x 30' Bus Shelter Easement will need to be shown on the Plat. 8. Provide language for the Bus Shelter Easement. The language should dedicate the easement to the City of Delray Beach and state that the maintenance obligation will be the Homeowners Association until a shelter is constructed. Once the shelter is constructed, the City will maintain the shelter P&Z Board Staff Report Highland Grove Estates - Plat Page 11 structure only while the HOA maintains the remaining easement area. (Please contact Scott Aronson, Parking Management Specialist for additional information 243-7286) 9. Language needs to be provided for the Lift Station Easement (L.S.E.) under the dedication section. 10. Language needs to be provided for the Sanitary Sewer Easement (S.E.) under the dedication section. 11. Bearing reference stated under Surveyors Notes section needs to be corrected to reflect the correct compass direction (S.E.). 12. Mortgagee's Consent section list SUNTRUST Bank as the Mortgage Holder but seal circle shows Colonial Bank. Please correct this discrepancy. 13. Correct plat name under City Approval Block section. 14. Provide Area Calculations in Square Feet for all Lots and Tracts being created. 15. Provide Distance and Bearings for the Centerline of 10' wide Drainage Easement located on Lots 1 through 5. 16. Provide Distance and Bearings for the Centerline of the Southerly extension of the 10' wide Drainage Easement located on Lots 8 & 9. 17. Label the Drainage Easement as "Centerline 10' Drainage Easement" located on Lots 12 & 13. 18. A Water Easement is needed to cover the fire hydrant located on Tract "D" near the southwest curve of the hammerhead turnaround. 19. Minimum measurements for a 90 degree turnaround feature must be 90 feet in length and 20 feet in width. The City's fire department stated that they would accept 20 feet in width on the western end and tapering down to 14 feet in width at the eastern end by 90 feet in length down the centerline. For more information, please contact Bill Adams, Fire Marshal or Harvey Greenberg, Plan Reviewer-Fire Dept. 20. Please show P.C.P.'s on the centerline of Highland Groves Drive with an appropriate symbol and add to abbreviations legend. 21. Additional comments may follow after re-submittal. Landcape Comments from Robert A. Kussner. Landscape Inspector: . There area a number of very desirable trees on this site. The applicant is obligated to save as many of them as possible. Some of the trees may need to be relocated into a holding area during the construction and incorporated P&Z Board Staff Report Highland Grove Estates - Plat Page 12 into the landscape toward the end of the project, if they cannot be preserved in place. The tree survey shall provide the location of the Australian pines and identify the unknown trees, because they will need to be included in the tree removal permit. Environmental Services Deøartment Comments Plat: 1. Provide coordinates on all P.R.M. 2. Provide digital copy of approved plat in format per City of Delray Beach Engineering. 3. Please revise dedication language to match City of Delray Beach Standard dedication language. 4. Add dedication language for sewer and lift station to be dedicated to the Homeowners Association. 5. Tie Plat to a section corner. 6. Provide a detailed description of how each of these comments has been addressed with next submittal. 7. Additional comments may follow upon provision of requested information. Technical Comments: 1. All improvements in right - of - way should be within property boundary and not overlap on adjacent properties. 2. Health Department permits are required for this project. Provide copies of the water permit and sewer permit. 3. Indicate on the Engineering plans enough existing site grades, provide existing grades at least 5' on to adjacent property and proposed site grades to show how required storm water will be retained. 4. Provide a typical cross section from building to adjacent right-of-way and adjacent property at all property lines. Pay particular attention to grade differential from proposed site to existing adjacent properties and show the existing grades on adjacent property. 5. Provide certified exfiltration trench test results. 6. Provide 6 inch deep sodded swale adjacent to all roadway pavement within the public rights-of-way. Please indicate swale on plans. 7. Parking layout and striping need to follow City of Delray Beach standards. Provide standard City of Delray Beach parking stall detail. P&Z Board Staff Report Highland Grove Estates - Plat Page 13 8. Trees can be located within site triangles as long as clear trunk is 3 to 6 feet. 9. Provide current City of Delray Beach standard construction details. Remove non-City details from Plans. i.e.: park stall detail. 10. Add any necessary hydrants per fire department requirements. 11. Please explore the possibility of water main being looped, if system can not be looped provide automatic flushing system on water main. 12. Please remove irrigation meter from the plans. No irrigation from City water - west of 1- 95. 13. Provide signed and sealed calculations indicating that lift station and force main have sufficient capacity. 14. Provide details on proposed lift station. See City of Delray Beach Standards. 15. Provide 12 foot water easement over water main. 16. Provide per LDR Section 2.4.3 (F) (4), a composite utility plan that show 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 address the responsibility for relocation of existing services and installation of new services. 17. A plat will be required. No building permit will be issued until the plat is recorded. 18. A certified engineer's estimate will be required for water and sewer improvements. A 110% surety and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for Completion of Required Improvements is required. This agreement can be obtained at www.mydelraybeach.com. For additional information see Section II of the City of Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will be required. 19. Provide two copies of a Pollution Prevention Plan. Prior to and during construction of all sites, the permitee shall implement and maintain all erosion and sediment control measures included in the required Pollution Prevention Plan. For projects over One (1) Acre in size provide a copy of FDEP Notice of Intent. 20. Provide a detailed description of how each of these comments has been addressed with next submittal. 21. Provide a detailed description of how each of these comments has been addressed with next submittal. P&Z Board Staff Report Highland Grove Estates - Plat Page 14 S, "",-J , ' 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. The subject property previously contained two single family homes. Both single family homes have been demolished and the property is currently a vacant lot. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed multiple family townhouse development. The Housing Element of the Comprehensive Plan calls for the provision of infill housing as well as the development of property to provide a variety of housing types. This development proposal fulfills these needs. Housing Element Policy A-12.3 - In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The subject property is adjacent to residential zoning districts to the north, east, and west (RM, PRD, RM-8) and agriculture zoning to the south. To the northeast (Spanish Wells and the Crosswinds Apartments) are multifamily developments while to the west is a single family subdivision (Valencia Court) zoned RM-8. The development proposal has accordingly increased and enhanced the landscaping required along the perimeter of the development to provide a meaningful separation between these residential districts and the proposed development. The development will not increase noise, odor, or dust. Based upon the Palm Beach County Trip Generation Rates the trips generated for the development will be 91 total daily trips, (4 trips per hour which are considered a minor traffic flow). Based upon the above, the proposed development will not negatively impact the stability of the adjacent residential areas. 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. Pursuant to 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 P&Z Board Staff Report Highland Grove Estates - Plat Page 15 through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. As a Palm Tran bus stop already exists at the southeast corner of the site, it was considered appropriate that a bus shelter easement be provided. The provision of a bus shelter easement is required and has been indicated on the plan. 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. The development proposal includes recreational facilities such as a swimming pool, trellis area, and tot lot. The tot lot is appropriate for toddlers, and the swimming pool is appropriate for children and adults. Taking into consideration the configuration of the site, and the fact that, fewer than 25 units are being proposed, the recreation area provided is considered appropriate. Based upon the above arguments, compliance with the above regulation has been achieved. Open Space and Recreation Element Policy B-1.3: New developments shall provide central focal points at entries and landscape buffers along the external (arterial, collector) streets which service them. The proposed landscape plan does include a landscape buffer along the external street (Old Germantown Road). This landscape buffer includes 5 Conocaprus trees planted at twenty (20') of center. A focal point (Landscape Island) at the entry of the development is also being provided. The focal point includes: a relocated Lychee tree (24" caliper) planted at the northern edge of the landscape island and six Yellow Cassia planted at 12' on center. It is suggested that some shrubs/groundcovers are provided within the landscape island, which will enhance the focal point, and this is attached as a condition of approval for the site plan/landscape plan. HousinQ Element Objective 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: Housina 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 shall be required to provide 3 and 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. P&Z Board Staff Report Highland Grove Estates - Plat Page 16 All of the thirteen (13) proposed town homes provide three (3) and four (4) bedrooms within three (3) two-story buildings. The residential development is designed to accommodate families with children. Such goal is accomplished by providing a townhouse product that has a two car garage, large room sizes, appropriate recreational facilities including a swimming pool and a tot lot, and differing floor plans that could appeal to different age groups and household sizes. Consequently, the proposed development is consistent with this housing policy. ¡ ~ I ,;; ~ ~ ¡ ! ~ !~ I I ~ ~3 '-_ ~!;; t: D ii m j ~ nn ~ ¡¡ ¡;1 = P .. __ flUI n I Ii Pi ~IHI II II ; 511 ~ I H II h § ~ -H II ., i. ~ ~ ! I ~ " ! gl i i ~ ~ i" I ! !III I ¡ I II i I ; I r H ¡ ~m I ¡¡III I I ~ III Is I ~m Ii U iå $ ~õ O-f i~ I~ ~~ H? ið 1m ,g Ii 1 -f ~.- ~O zO i:> .... Ô Z ." ~ Z ~ ~ n Q . m ~" ~ ~ ;v f i:' ~ » ~ :~~ » l z -. 0 ~~2 0 ï I'V ~ z ¡;; r~ _m ;." 11.- ,,> Z ~lJu n I ~~~ ~11)- ~ lt0-'\l) Oþll>~~ ~ :> i ~ 1 ! ! . ~ . ii'-. ~n = , i! I ~ïfa - ¡:i ~o;:- - · I~ i ê~§ - ¡ 1'1 Mg!: r:: I \>õg ... ..; m :;~~ ~: Ui ~~ U ...., i.. ::; c ~ r> ii:i tII"''-'; ,,\1 f:5 .~ ~a 13 ª~! :: Ef ~ fI) - ~ -0 î r CITY COMMISSION DOCUMENTATION DA~/ EN, ITY MANAGER PAUL DORLlNG, DI TOR OF PLANN)NG A~ ZONING NGUYEN TRAN, SE R PLANNER 1~ MEETING OF MARCH 15,2005 * * * CONSENT AGENDA * * * APPROVAL OF A FINAL SUBDIVISION PLAT FOR A 45-UNIT, FEE-SIMPLE, TOWNHOUSE DEVELOPMENT KNOWN AS ATLANTIC PALMS (A.K.A. CARLSON BLACK REPLAT), LOCATED ON THE SOUTHSIDE OF WEST ATLANTIC AVENUE, APPROXIMATELY 140' EAST OF WHATLEY ROAD. ,ft\ TO: THRU: FROM: SUBJECT: BACKGROUND The subject property consists of two (2) platted lots previously approved for medical and professional offices (Chambers Medical Offices) that were never constructed. The subject property has an extensive land use history and the following are the most recent land use actions regarding the subject property. At its meeting of February 3, 2004, the City Commission approved a request to rezone the property from POC (Planned Office Center) to RM-9 (Multiple Family Residential-9 units per acre) to accommodate a townhouse development on the 5.044 acre site. At its meeting of May 12, 2004, the Site Plan Review and Appearance Board granted Site Plan approval for a 45-unit townhouse development on the subject property. On May 17, 2004, the Planning and Zoning Board approved a Preliminary Plat and recommended approval of the final plat for Carlson Black Replat (a.k.a. Atlantic Palms). Additional background and a complete analysis of the request is found in the attached Planning and Zoning Board report. PLAT DESCRIPTION The proposed plat consists of a 45-lot, townhouse type development to be constructed on lots that range from 23 33' to 28.67' wide by 88 19' to 118.56' deep. The development will consist of two and three-story units in six separate buildings (6-8 units per building). In addition, the proposal involves the construction of recreational facilities including a tennis court, community swimming pool with deck, clubhouse, tot-lot and garden. Vehicular access is provided by a dedicated, internal looped access tract, Tract "A", which has an access point on West Atlantic Avenue. Tract "A" IS dedicated to the Homeowner's Association as a private street for ingress-egress, drainage and utility purposes. Tract "B" is dedicated for recreational and parking purposes while Tracts "C" through "I" are dedicated for open space and drainage purposes. In addition, a 1 0' x 30' bus shelter easement has been provided at the northwest corner of the site. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board considered the proposed plat at their meeting of May 17, 2004. After reviewing the staff report, the Board voted 4 to 0 (Charles Walker, Joseph Pike and Jess Sowards absent) to approve the preliminary plat and to recommend to the City Commission approval of the final plat of Carlson Black Replat. All technical items have been satisfactorily addressed. RECOMMENDED ACTION Move approval of the request for final plat approval for Carlson Black Replat, by adopting the findings of fact and law contained In the Planning and Zoning staff report of May 17, 2004, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. Attachments Location Map, Reduced Survey and Reduced Plat Planning and ZOning Board staff report of May 17, 2004 S IPlannlng & ZOnlnglBOARDSICITY COMMISSIONICarlson Black Replat doc <66 - - >- œ: DELRA Y WEST c( PLAZA t- - ...J - - I ::¡¡ JEFFERSON ~ - 1ttII1_ - ...J - « œ: I- - - e- f- f--- Jall_ll'ia - - [_"I n ~ =fTttt~i /'>.... ~;¡! / I ì i~ I rANtl I TRAILS END PLAZA KFC CANAL L -33 ? // DELRA Y SQUARE PLAZA = OL/ 001 ~UBUX WASHINGTON FIRST MUTUAL UNION \ If). ~ A T L ANT I C I-ItWi _ - - - ~ ~ ~~ 0 I--- II:: WE S T I--- I--- - ROAD - I--- t;- I--- ~_ <>: I- I--- ~ I--- UNCOlN ROAD - :I: t- ESTATES DRIVE \ ~ t-- ::> o _____ ( (/) ~mL "');;)~ ELL WOOD UKIVl DRIVE ~III I \\\\\ I-- r -{IN~~ QßLYL- - -- ;:¡;: ~ /' v/ Q'V / /'°V/ ",V;¡:::: n: ./ /v V /v ~ ./ ;:¡; "- /' Çv /' //' - i¡¡¡- /' :::-- /' I§ ;:; /':::>----::/ /' <11/ ./ /' 1-'::./ /' v./ / V./ / '--- - -'0 ~ e- f-- f-- f-- -c. 1--1- :1¡ ~ ¡:: o :¿ 2 :::¡ « ~ ~ o --J --J ý ~ ~<;: '«u Q--J 0'« Qu !J)èS l..J ::¿ AVENUE 1-12 :<;:Q: :::J'« OQ U !J)O - I- Q:::J '« NA nONS BANK "-' > 0:: C> ~ ~ \ I I I--- f--- I--- ))--- ~ M--- .þoJ ~ I I--- I--- 'ANAl I _~4 ~~~ :=:~ œa£I~~~ ~~- "-' f---- ~ - ~ -- LECEND -- ATLANTIC PALMS - PLAT-- SUBJECT AREA I '! 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Combined Preliminary/Final Subdivision Plat Approval for Carlson Black Replat, a Proposed 45-Unit Townhouse Development, Located on the South Side of West Atlantic Avenue, Approximately 140 Feet East of Whatley Road (Quasi-Judicial Hearing). MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant..................... .... Agent......................................... . Location..................................... . Property Size.... ..... ..... ........ ........ Future Land Use Map................ Current Zoning............ ................ Adjacent Zoning..... ...........North: East: South: West: Existing Land Use...................... Proposed Land Use.................... Water Service... ........ ......... ......... Sewer Service.............. .......... ..... B.C. Properties & Investments, L.L.C. Larry Carlson Located on the south side of West Atlantic Avenue, approximately 140 feet east of Whatley Road. 5.04 Acres TRN (Transitional) RM-9 (Medium Density, 9 units I acre) P~C (Planned Office Center) P~C (Planned Office Center) & A (Agriculture) PRO (Planned Residential) GC (General Commercial) & Unincorporated Palm Beach County Enclave (Country Club Acres Subdivision). Vacant Construction of a 45 unit townhouse development with associated recreation facilities, parking and landscaping. Installation of an 8" water main within the interior looped road that will connect to an existing 8" water main within the West Atlantic Avenue right-of-way as well as an existing 8" water main within the Sherwood Forest Drive right-of-way. Installation of an 8" sewer main within the interior looped road that will connect to an existing 8" sewer main within the West Atlantic Avenue right-of-way [ ----, ~ ;::1 a ð ....ì t--~ ::> <:<1:: « ::>« i ~ 8a.. 5'! !!!~ a c::> ::II <:( ~ ~ð C-J 0« 8ï !2 i e ~ AVE. I ! w. / ~ i \ , \ IV. A. I ~.~.~ '" . ,M' ~ I' t.~.~~ I· : I.~A¡".."" .. 'P". ... ".i\". .. ITEM BEFORE THE BOARD· ... .="~ -. "..;. The item before the Board is that of approval of a preliminary plat and certification of a final plat for a 5.044 acre, 45-lot townhouse development to be platted as Carlson Black Replat (a.k.a. Atlantic Palms). The subject property is located on the south side of West Atlantic Avenue, approximately 140' east of Whatley Road. This plat is being processed pursuant to LOR Section 2.4.5(J), Major Subdivisions. .;:~~~.\~~. ~.." :. 'I : .. .. ~I.'. "." .. '.~"..".." .. "'" c· ··....r· .... "... .".1' .......:. ."f- ..... .. ~..... . ',", 'BAéKGROUND :. ';;' :'~:,I;' .¡;~(~, ". II~ On December 12, 1989, the subject property was annexed into the City and assigned the Planned Office Center (PaC) zoning designation. At its meeting of July 14, 1999, the Site Plan Review and Appearance Board (SPRAB) approved a site plan for the subject property that consisted of 76,314 square feet of medical and professional offices. At its meeting of November 2, 2001, the City Commission approved a 2-lot minor subdivision named Carlson/Black Plat and was subsequently recorded in Plat Book 93, Pages 58-59. The offices were never constructed. On September 5, 2003, the applicant submitted an application to rezone the subject property to Medium Density Residential- 11 units per acre (RM-11) in order to develop a multiple-family residential project. The City Commission considered the first reading of the rezoning ordinance at its meeting of January 6, 2004. The applicant requested that the application be withdrawn without prejudice and the City Commission approved a waiver to LOR Section 2.4.5(0) (6), which prohibits the City Commission from considering another rezoning application for six (6) months. The applicant subsequently modified their rezoning request to reflect RM-9 and at its meeting of February 3, 2004, the City Commission approved the rezoning. On May 12, 2004, The Site Plan Review and Appearance Board approved a site plan for a 45-unit townhouse development to be known as Atlantic Palms on the subject property. The plat currently before the Board is required for multi-family/townhouse type developments. ~~:·~l;aw " .. ..,y: '. ~ Io,t! ' .. :t.' I. . ·5..·. , -rPCÄT~:t~l~SC'~'P1'lqN ~. . '~S:" ... : ··.~I:."" ".i... The proposed plat consists of a 45 lot subdivision located on a 5.044 acre site having an overall density of 8.92 units per acre. The townhouse structures will be developed on lots that range from 23.33' to 28.67' wide by 88.19' to 118.56' deep. The development proposal contains 45 two and three-story townhouse units in six (6) separate buildings. The townhomes will consist of 21 two-bedroom units (2,074 sq. ft.), 12 three-bedroom units (2,249 sq. ft.) and 12 four-bedroom units (2,768 sq. ft.); all of which contain 1 or 2 car garages. The proposal also includes the construction of recreational facilities consisting of a tennis court, swimming pool with deck, clubhouse, tot lot and a garden. P&Z Board Staff Report Carlson Black Replat Page 2 Vehicular access is provided by a dedicated internal access tract, Tract "A", which forms a looped road and has an access point on West Atlantic Avenue. Tract "A" has been dedicated to the Homeowner's Association (name not yet determined) as a private street for ingress-egress, drainage and utility purposes with the right of the City of Delray Beach to access and repair water and sewer mains within said tract. Additional 7' of right-of-way for a right hand turn lane along West Atlantic Avenue was dedicated as Tract "A" on the previous plat (Carlson/Black Plat) and will need to be reflected on this replat. Tract "B" is dedicated to the Homeowner's Association for recreational and parking purposes to accommodate the previously mentioned recreational amenities. In addition, Tracts "C", "0", "E", "F", "G", "H" and "I" have been dedicated to the Homeowner's Association as well for Open Space and Drainage Purposes. The required landscape area along the south side of West Atlantic Avenue will have to be accommodated through either the creation of an additional Tract "J" or modification of Tract "F" to include this area. Pedestrian access is provided throughout the site via an internal sidewalk network connecting the recreational amenities as well as a 5' wide concrete sidewalk on both sides of the looped road. In addition, a bus shelter easement has been requested at the northwest corner of the property and is listed as a condition of approval. -!C!"......:t-..... -0 ~..~..~...111.¡.~ '. I'.,. II . '~}~~;:5~':;:':: ° I, . ...."". . ~,f¡ IL ....,.-:11'1.....'11 '.' . ~. . I' . ;0 ..pLÅt~~ANAlYSìS ° I,,: : ","".-" ." ... !" . ~.., :. .- o. , Pursuant to Section 3.1.1 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 in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future land Use Map Consistency, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the land Development Regulations. Section 3.1.1 (A) - Future land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future land Use Map. The subject property has a Future Land Use Map designation of Medium Density (MD), and is zoned Medium Density Residential - 9 units per acre (RM-9). Pursuant to LOR Section 4.4.6(B) (3), within the RM zoning district, multiple family structures are allowed as a permitted use. The RM zoning district is typically limited to a maximum density of twelve (12) units per acre; however the subject property is further limited to nine (9) units per acre based upon the affixed numerical suffix. As the proposed density is 8.9 units per acre, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. P&Z Board Staff Report Carlson Black Replat Page 3 Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1 (B) Concurrency as defined pursuant to Objective B-2 of the Future land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: · Water service will be provided via installation of an 8" water main within the interior looped road that will connect to an existing 8" water main within the West Atlantic Avenue right-of-way as well as an existing 8" water main within the Sherwood Forest Drive right-of-way. · Sewer service will be provided via installation of an 8" sewer main within the interior looped road that will connect to an existing 8" sewer main within the West Atlantic Avenue right-of-way. · Fire protection will be provided via existing fire hydrants at the northeast corner of the property and on the north side of the prospective Building #6 as well as proposed fire hydrants at the southeast and southwest corners of the interior loop road. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS (Level of Service) at the City's build-out population based on the current FLUM. The 45 unit multiple family residential development was factored into the plan; thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: The applicant has submitted a traffic statement indicating that the proposed 45 unit development will generate 20 AM and 23 PM peak hour trips. A copy of the traffic statement has been transmitted to Palm Beach County for acceptance. A letter from the Palm Beach County Traffic Division indicating that the project meets the Traffic Performance Standards of Palm Beach County has been attached as a condition of approval. Parks and Recreation Facilities: The proposed 45 residential units will not have a significant impact with respect to level of service standards for parks and recreation 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 each unit. A total fee of $22,500 will be required of this development for parks and recreation purposes. Solid Waste: Trash generated each year by the 45 units is 89.55 tons of solid waste per year (45 units x 1.99 tons of solid waste per year = 89.55 tons). The trash generated by this P&z Board Staff Report Carlson Black Replat Page 4 proposal can be accommodated by existing facilities; therefore, a positive finding with respect to this level of service standard can be made. DrainaQe: Drainage will be accommodated on site via sheet flow into catch basins with outfall into onsite retention areas located on the north and west sides of the property as well as the southwest corner of the property. There should be no impact on drainage as it relates to this level of service standard. Schools: The Palm Beach County School District has approved the application for Concurrency Determination for this 45 unit residential project. Section 3.1.1 ~ - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 @ - Compliance with the land Development ReQulations: . lDR Section 4.3.3(0)(2) (Plat Required): Each townhouse, or townhouse type, development shall be platted with a minimum designation of the interior street system as a tract. When the dwelling units are to be sold, each unit must be shown on the plat. An internal access tract (Tract "A") has been dedicated as a means of ingress-egress for all platted lots. The submitted plat meets all other requirements. . lDR Section 6.1.3(B)(2)(Sidewalk DesiQn Requirements): Pursuant to LOR Section 6.1.3(B)(2), 5' wide sidewalks must be constructed within the street right-of-way (or easement or tract) and must be constructed adjacent to the right-of-way (easement or tract) line. A 5' wide concrete sidewalk is shown on the paving and grading plan to be installed around the exterior side of the looped road as well as around the majority of the interior side of the looped road. Since this sidewalk is being installed within the right-of-way, a sidewalk easement is not necessary. Pursuant to LOR Section 6.1.3(B)(3), a strip of grass or other landscaped area of at least two feet (2') in width, shall separate sidewalks from the street pavement or curb section. The applicant has requested that a waiver be granted to this requirement that would allow the sidewalk to be constructed immediately adjacent to the curb section of the interior street (0' separation). The waiver is tentatively scheduled for P&Z Board Staff Report Carlson Black Replat Page 5 City Commission at it's meeting of June 8, 2004 and the plat cannot be forwarded to City Commission for final action until this waiver has been approved. · LDR Section 5.3.1 (Right-of-Wav Dedication): Per LOR Section 5.3.1 (A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. As previously mentioned, vehicular access will be taken directly from West Atlantic Avenue via a dedicated access tract (Tract "A"). Additional right-of-way along West Atlantic Avenue for a right-hand turn lane was provided with the previous plat; therefore, additional right-of-way dedication is not required. However, the right-of- way dedicated previously need?, to be reflected on this plat. · Section 6.1.2(C)(3)(a)(Pavement Width): Pursuant to LOR Section 6.1.2(C)(3)(a), the required pavement width for a local street is 24'. The development proposal provides a 20' wide asphalt drive aisle width with 2' of valley curb and gutter on both sides of the pavement. Pursuant to LOR Section 6.1.2(C)(3)(c), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. The City Engineer has reviewed the request to reduce the pavement width from 24' to 20' and is in support of the reduction. The reduced pavement width will provide for 20' of drive aisle, which is bordered by a 2' valley curb on each side. The Fire Marshal is in support of the request as long as the full 20' of width remains unobstructed and there is access from two sides. This waiver is tentatively scheduled for June 8, 2004 City Commission meeting and the plat will not be forwarded for final action until this waiver has been approved. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan were conducted with the Site Plan and all applicable objectives or policies along with a discussion on how they are addressed is attached as Appendix "C". · ..: ',!~:~:'I: . ,~"\t¿,!"" :....~:r..-··~~<·Tf.·..E'C:·l··H·Nh·~I·C··'l.AL . IT" "E'M' ':S"1I:1~"I': .. ".,~~ .",!., .....~~~.~;:- '.. ..y..... . .~~:.:: "':' :~.:.:~:~: .~11~:·~~':{:" ...~. ....::.~: I, .~. Technical comments from the Planning & Zoning Department and Environmental Services Department are attached as Appendix "8", and must be addressed prior to scheduling of the plat for City Commission. While there are several comments, they are minor in nature and will not impact the general plat diagram. P&z Board Staff Report Carlson Black Replat Page 6 I"~~'" . .... .r/I." ¡¡II ~ ..' oJ. ...... : '.... ".: : I'. " .' ::; :: REVIEV'(BY OTHERS ~ ....:. ".fI· This project proposal is not within the geographical area requiring review by the Historic Preservation Board (HPB), the Community Redevelopment Agency (CRA) and the Downtown Development Authority (DDA). Courtesy Notices: A courtesy notice has been sent to the following neighborhood and civic associations: o President's Council o PROD (Progressive Residents of Delray) o Sherwood Forest Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. II"" .,.... :!i. .~. ., :.. . . . of. .- . .'\.. I" : ASSESS'MENT' ÄND CONCLUSION . 1.- , . . . "1 The development proposal to construct a 45 unit townhouse development is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Goals, Objectives and Policies of the Comprehensive Plan. The plat and engineering plans will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. I-~': .. .. '!:~:.' ::.';. At TERNAfivE ACTIONS . . :';. .- ..' A. Continue with direction. B. Move a recommendation of approval to the City Commission of the request for a Final Plat approval for Carlson Black Replat, 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 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Move a recommendation of denial to the City Commission of the request for a Final Plat approval for Carlson Black Replat, based upon a failure to make P&Z Board Staff Report Carlson Black Replat Page 7 positive findings of fact and law contained in the staff report, and failing to make positive findings that the request and approval is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. ._~.. , '. .,', ¡r-.: ": :~t,:, ..... " : ~ ..~- ;I~:~~. stAFF RECÖMMEND'A TI'ON ...... Move a recommendation of approval to the City Commission of the request for a Final Plat approval for Carlson Black Replat, 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 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following conditions: 1. That all comments under the "Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action; and, 2. That the request for waiver to LOR Section 6.1.2(C) (3) (a) to reduce the minimum pavement width of the interior roadway from 24' to 20' be approved prior to scheduling the plat for City Commission action; and 3. That the request for waiver to LOR Section 6.1.3(B) (3) to eliminate the required two foot (2') wide landscape area between the sidewalk and the curb section be approved prior to scheduling the plat for City Commission action. Attachments: · Appendix "A" · Appendix "B" · Appendix "C" · Location Map . Reduced Survey . Reduced Plat Reduced Site Plan P&Z Board Staff Report Carlson Black Replat Page 8 ø:.~~~;:'" . ~'~::. . ;. .I,'::: . I ø "0" '" :'"í:e."IJo" I" I . I.'" . " . . ,". '.,.,:p PEN D I X - A STA'NDAii'bs FciR PLAT ACTIONS ::·'~4:~~!~ A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent x - This standard will be met once all conditions of approval have been addressed from the Site Plan. B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard Does not meet intent X - This standard will be met once all conditions of approval have been addressed from the Site Plan. D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard Does not meet intent X - This standard will be met once all conditions of approval have been addressed from the Site Plan. F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical P&Z Board Staff Report Carlson Black Replat Page 9 considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard Does not meet intent x - This standard will be met once all conditions of approval have been addressed from the Site Plan. G. Redevelopment and the development of new land shall resu1t 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 the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. 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. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler 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. Not applicable Meets intent of standard X Does not meet intent P&Z Board Staff Report Carlson Black Replat Page 10 ~.d ;;,~~;" t"-:p'r.i.. . ø .·r:..;~!.· . . :.;,. .:~ or ··~~·'!·I ." '. ", . . , , 'A'PPEN'DIX B TEC'HNICAL COMMENTS , ' The following comments must be addressed prior to scheduling the plat for City Commission: Planninø & Zoninø Department Comments: Technical Comments: 1. Please provide a written response to each of the following comments. 2. FP&L stated that a 10' U.E. is required for servicing. Please coordinate with FP&L to see if the dedication language included within Tract "A" dedication is sufficient since no composite utility plan was submitted, This composite utility plan will be needed as per Environmental Services Department's Technical Comment # 14. 3. Please provide a recorded copy of the Articles of Incorporation (through Florida Department of State, Division of Corporations) of the Homeowner's Association which is to accept the perpetual maintenance obligation of all common areas. 4. Provide a copy of the Declaration of Covenants, Conditions and Restrictions for the development. 5. The 10' wide Ingress-Egress Easement dedicated by ORB 1324, Page 149 along the entire west side of the property will need to be abandoned, otherwise, setback requirements are not met and various encroachments such as landscaping, fencing, etc... are not allowed within this ingress-egress area. A possible solution is to incorporate the ingress-egress language found in ORB 1324, Page 149 to coincide with the 15' drainage easement area; otherwise, redesign the entire western side of the development to shift eastward to meet current regulations. Note: Buildina setbacks are taken from Inaress-Earess Easement lines and not property lines. 6. Provide a copy of ORB 1324, Page 149. Plat Comments: 1. Tract "A" of Carlson/Black Plat was dedicated to the Public for Right-of-Way and currently REMAINS as public right-of-way. Until the public formally abandons its rights, this dedicated right-of-way needs to be excluded from Carlson Black Replat and shown as right-of-way previously dedicated by PB 93, Pages 58-59. (The Boundary Survey submitted with the plat shows the COffect configuration) 2. Area being replated is just Lot 1 and Lot 2 of Carlson/Black Plat. Please remove references to "Less the right-of-way for West Atlantic Avenue...." This extra description pertains to the first plat and should not be included within the legal description for the area being platted (replatted). 3. Water and Sewer mains encroach into open space/recreation/preserve areas and are not covered by any easements. Please show Water and Sewer Easements over Water and Sewer mains. P&Z Board Staff Report Carlson Black Replat Page 11 4. Provide a 10' x 30' Bus Shelter Easement at the northwest corner of the site and provide appropriate language under the Dedication section of the Plat. You may contact Scott Aronson, Parking Management Specialist for more information (561) 243-7286. 5. The first 30' of property along the south side of West Atlantic Avenue should be a landscape buffer area. Lot lines for Lots 1-6, Block 6, should not extend into this area. Create a separate tract (Tract "J") or incorporate into Tract "F", 30' of continuous width along the south side of West Atlantic Avenue for this purpose. Options: 1. If Tract "J" is created, please provide language dedicating this tract to the homeowners association for landscaping and utility purposes. 2. If this area is to be incorporated within Tract "F", please modify existing dedication language for Tracts C,D,E,F,G,H and I to include for landscaping and utility purposes. Environmental Services Department's Comments: Plat Comments: 1. Provide water and sewer easements over water and sewer mains. 2. Provide coordinates on all P.R.M. 3. Provide digital copy of approved plat in format per City of Delray Beach Engineering. 4. Tract "F" should encompass retention areas along Atlantic Avenue. 5. Provide a detailed description of how each of these comments has been addressed with next submittal. 6. FOOT may require right-of-way dedication for ultimate right-of-way. 7. Additional comments may follow upon provision of requested information. Technical Comments: 1. Provide copies of FOOT permit modification for driveway connections, drainage, and utility improvements. 2. Health Department permits are required for this project. Provide copies of the water permit and sewer permit. This is not a permit modification, should require a new permit submittal. 3. Provide copies of SFWMD permit modification. 4. Provide copies of LWDD permit modification. 5. Cross section F-F should be shown from building to first lane of Atlantic Avenue. P&Z Board Staff Report Carlson Black Replat Page 12 6. Use only City of Defray Beach Standards for water and sewer improvements. 7. Section B-B does not appear to work for entire eastside of property. 8. Maximum width of driveway is 24 feet. 9. Submit copy of revised landscape plans to Engineering. 10. No landscaping over water mains. Note on engineering plan does not address issue. Provide copy of revised landscaping plans. 11. Move water main on north side of property at entrance out of green area and move under pavement. 12. Provide signed and sealed calculations indicating that existing lift station and force main have sufficient capacity for the additional usage. 13. Provide 12 foot water and sewer easement over water and sewer main. All easements should be obtained prior to HRS permits. Water and sewer easements should be indicated on plat. 14. Provide per LOR Section 2.4.3 (F) (4), a composite utility plan that show 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 address the responsibility for relocation of existing services and installation of new services. 15. Water main connection on Sherwood Blvd. is required for this project, remove reference to "future connection." Connection should be double valved. 16. Engineers cost estimate should include the possible cost of upgrading lift station pumps. 17. A 110% surety and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for Completion of Required Improvements is required. This agreement can be obtained at www.mydelraybeach.com. For additional information see Section II of the City of Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will be required. 18. Engineer's cost estimate should be revised for D.I.P. water main costs. 19. Provide a detailed description of how each of these comments has been addressed with next submittal. 20. Additional comments may follow upon provision of requested information. P&Z Board Staff Report Carlson Black Replat Page 13 -, '" .' ÄPPEitDIX C COMPREHENSIVE PLAN POLICIES Future Land Use Element Objective 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. The subject property was previously zoned Planned Office Center (POC) and had an approved site plan for an office development. The property has since been rezoned to RM-9 at which time positive findings were made with respect to this objective that the intensity of the residential development would be less than a commercial development. It is further noted that there are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. 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. As a Palm Tran bus stop already exists at the northwest comer of the site, it is appropriate that a bus shelter and bus shelter easement be provided. The provision of a 10' x 30' bus shelter easement at the northwest comer of the site has not been indicated on the site plan and will need to be depicted. The actual dedication of the easement will need to be accomplished with the replat of the subject property. Further, the provision of a bus shelter may be accomplished by a contributIon from the developer of $7,500 (half the cost of a shelter). It is attached as conditions of approval that a 10' x 30' bus shelter easement is depicted at the northwest comer of the site and dedicated with the associated replat of the subject property, and that a $7,500 bus shelter contribution is paid prior to certification of the site plan. 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. The development proposal includes recreational facilities such as a swimming pool, clubhouse with outdoor grill facilities, tennis court and tot lot. The tot lot is appropriate for toddlers, and the swimming pool and tennis court are appropriate for adults. As discussed previously, the tennis court will likely not see a significant amount of use from older children; therefore it has been attached as a condition of approval for the site plan that the tennis court is designed as a sport court that can accommodate other activities besides tennis (Le. tennis court and half-court basketball). Based upon the above condition being addressed, compliance with the above regulation has been achieved. Open Space and Recreation Element Policy 8-1.3: New developments shall provide central focal points at entries and landscape buffers along the external (arterial, collector) streets which service them. The proposed landscape plan does propose a landscape buffer along the external street ~est Atlantic Avenue); however, as discussed previously, the proposed landscape buffer is located entirely within an existing utility easement and will need to be relocated. Further, this landscape buffer will need to be significantly upgraded in terms of plant quantity and design based upon its P&Z Board Staff Report Carlson Black Replat Page 14 high visibility. In addition to the landscape buffer, the proposed entry feature will need to be revised and enhanced for the same reasons. These items have been attached as conditions of approval. Housina Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider tile effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The subject property is located adjacent to residential zoning districts to the south (Sherwood Forest) and west (Country Club Acres) that are of a lower density than the subject property. The development proposal has accordingly increased the building setbacks to provide a meaningful separation between these subdivisions. However, the landscaping along the abutting property lines must be further enhanced as discussed previously with the performance standards analysis (i.e. the extension of the Cocoplum hedge along the full length of the west property line and provision of Mahogany trees at least 15' in height and planted 30' on center). Based upon the above condition of approval being addressed, the proposed development will be compatible with, and should enhance the value of properties located within the surrounding residential neighborhoods. Housina Element Objective 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: Housina Element Policv 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 shall be required to provide 3 and 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 excluded to occupancy by adults only. The residential development is designed to accommodate families with children. This is accomplished by providing a townhouse product with a garage, large room sizes, varying recreational amenities including a tot lot, and differing floor plans that could appeal to different age groups and household sizes. Based on the above, the development proposal is consistent with these policies. It is recommended that additional accommodations for older children are provided. · § K:" i': ':;~':Tif J~;',.~ '., õ 1-,,,,, c '.. 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"1'- ".,;;r. - ',-, , ~ j~ vta;,t~~!.¡,r1if-;;;,;;::,;.;;;;. u~"l¡:'-li~ .___m______++ 1 ----- >~ ~b'. ~ ..._-~-~~~~--~_._- - -- 5.Ø9'ltJtL:.. ._----:q:.. i -, u \"_u-+- - ~: _:'un__:u·:'_ :._~:._-:-_ un n _ -= ·n':-:"I:·': ~:~n ....--"-:. ___ ___n__:-_..:__ I I'~n\ lei II~i _, ~ .. .. ___.._._kL_._~~~n~~_~_~:~_n_....n...~_':~::.~:.~n .}..___n___n ____.~t______......__m:.~______. . I(~~~~= =~ 1 ,¡!i il it ¡O! ,co ;:1 \ ':! ~ I~ 1'1 f ~¡ ¡o ~I ~f L, 1-' ,I ;1 10 I -I I 1 - , Iii's- ('¡!i u~ I ,f.OZ _ jllll ~O\7 (t)C1).. ~.~ OQN :J ~~ ,~ ~-& M!:I! :11;1 m;, ;!I~ ;b~ A New Townhouse Community ATLANTIC PAUlS W Atlof'hc Avenue Delro)' Beach Fie MEMORANDUM FROM: J\1A YOR AND CITY COMMISSIONERS CITY J\1ANAGERz;1V1 AGENDA ITEM # ~c:.... - REGULAR MEETING OF MARCH 15. 2005 RESOLUTION NO. 11-05 TO: SUBJECT: DATE: lvIARCH 11, 2005 This is a resolution assessing costs for abatement action required to remove nuisances on twelve (12) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 11-05. AgmemoCE.ResNo 11- 05 RESOLUTION NO. 11-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRA Y BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances¡ and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of th~ City of Delray Beach, the City Manager or his designated representative has 'inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner (s) failed and/or neglected to abate such nuisance (s) within the time designated at the, hearing wherein a decision was rendered adverse to the property owner(s)¡ and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, Chapter against WHEREAS, the City Commission of the 100 of the Code of Ordinances desires to said property owner(s), City of Delray Beach, pursuant to assess the cost of said nuisance{s) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner{s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment{s} contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment (s), after which a lien shall be placed on said property{s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section S. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording 2 Res. No. 11-05 of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED , 2005. in regular session on this day of MAYOR ATTEST: City Clerk 3 Res. No. 11-05 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE ~ i I PROPERTY DESCRIPTION OWNER ASSESSMENT TOURIST NOOK DELRAY, LOT 28, BLOCK A, PB 11, P 47, PUBLIC RECORDS OF PALM BEACH COUNTY, FL ALONZO L. BRINSON & (NW 9TH AVE VIL NO. OF 240) WILLA M. BRINSON 12 43 46 17 25 001 0280 PO BOX 211864 CUST 10 # 356 I ROYAL PALM BEACH, FL 33421 $ 68.50 $ 55.00 ADM FEE TOWN OF DELRAY, S 37.5 FT OF N 75 FT OF W 130.44 FT OF E 155.44 FT OF E 1/2 OF S 1/2, BLOCK 4, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL RUBY L. HARRIS (NW 7TH AVE 1ST VIL SO OF 24) CIO P C WELLS 1243461601 0040010 7012 SUNNSIDE LANE CUST 10 # 892 ,FT. WASHINGTON, MD Ii 20744-4325 $ 57.50 ~ $ 55.00 ADM FEE i : ATLANTIC PARK GARDENS, DELRAY, LOT 20, !I BLOCK 1, PB 14, P 56, PUBLIC RECORDS OF !I PALM BEACH COUNTY, FL DOMINGO CUEVAS (NW 13TH AVE VIL NO OF 47) 12434617 18001 0200 11511 NE 39TH STREET CUST 10 # 118 ~ POMPANO BEACH, FL 33064 $ 84.00 I $ 55.00 ADM FEE I I ! TOWN OF DELRAY, N 1/2 OF E 1/2 OF LOT 16, T BLOCK 30, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL iJ. FELIX DELANCY (146 SW 4TH AVE) 470 DEKALB AVENUE 1243461601 0300162 BROOKLYN, NY CUST 10 # 8293 11205-4448 $ 44.25 $ 55.00 ADM FEE FAIRCREST HEIGHTS AMND PLAT, LOT 53, PB 39, P 155, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (2147 SW 36TH TERRACE) YOLL Y P. VERZOSA 12 42 46 25 09 000 0530 1090 AMSTERDAM AVE. # 7 K CUST 10 # 525 NEW YORK, NY 10025-1737 $ 42.00 1$ 55.00 ADM FEE I ; J , 4 Res. No. 11-05 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE CHEVY CHASE, LOTS 46 & 47, PB 24, P 27, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (312 BEVERLY DRIVE) RICHARD WARRINGER , 12 43 46 08 000 0460 312 BEVERLY DRIVE CUST ID # 10823 DELRAY BEACH, FL 33444 $ 40.00 ! $ 55.00 ADM FEE TOWN OF DELRAY, S 25.3 FT OF LOT 10 & N 24.7 FT , ! OF LOT 11, BLOCK 60 (OLD SCHOOL SQUARE , I HISTORIC DISTRICT) PB 1, PG 3, ì I PUBLIC RECORDS OF PALM BEACH COUNTY, FL NO. SWINTON DELRAY LLC I (34 N SWINTON AVE) c/o GARY L. BROWN 1243461601 0600101 680 SE 1ST STREET CUST ID # 10824 DEERFIELD BEACH, FL 33441 $ 70.75 $ 55.00 ADM FEE ; , : MONROE SUB, LOT 22, BLOCK 12, ! PUBLIC RECORDS OF PALM BEACH COUNTY, FL ; (618 NW 1ST STREET) WILDER & VARNA DEMEZIER : 1243461701 0120220 !'614 NW 1ST STREET CUST ID # 8194 ' DELRA Y BEACH, FL 33444 $ 39.75 $ 55.00 ADM FEE i ; , TOWN OF DELRAY, S 30 FT OF N 150 FT I OF E 135 FT OF BLOCK 10, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL ¡,FREDDIE E. TAYLOR & (Vacant - NW 6th AVE) : JOHNNY MC CLAM, JR. 1243461601 0100050 702 NW 3RD STREET CUST ID # 10663 DELRAY BEACH, FL 33444 '-0- $ 40.00 ADM FEE , TOWN OF DELRA Y, S 30 FT OF N 90 FT OF E 135 FT OF BLOCK 10, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (242 NW 6TH AVE) SAMUEL STRAINGE 12434616010100040 216 SW 15TH AVENUE CUST ID # 10854 DELRAY BEACH, FL 33444 $ 84.00 ! ,- $ 55.00 ADM FEE ¡ i I ; i 5 Res. No. 11-05 , ,-, COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE DELRAY OUTPATIENT PROPERTIES PL PAR B (RIVER/LAKES) PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL DELRAY OUTPATIENT PROP LLC (LINTON BLVD W OF SHADYWOODS) ,c/o DAVID MENKHAUS 12 43 46 24 25 002 0000 ' 2424 N FEDERAL HWY, ST 456 CUST 10 # 10855 BOCA RATON, FL 33431 $ 303.00 $ 55.00 ADM FEE ATLANTIC GARDENS DELRAY, LOT 24, BLOCK 6, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL PROPERTIES UNLIMITED GROUP (144 SW 11TH AVE) clo REGINE V. BATAILLE 12434617230060240 1810 N DIXIE HWY CUST ID # 10856 LAKE WORTH, FL 33460 $ 84.00 $ 55.00 ADM FEE ! ¡ II ~ VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE 6 Res. No. 11-05 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY :t\.1ANAGER Z'7~ AGENDA ITEM # ~~ - REGULAR MEETING OF MARCH 15. 2005 RESOLUTION NO. 12-05 TO: SUBJECT: DATE: MARCH 11,2005 This is a resolution assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 326 SW 8th Street. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties ill the event the assessment remams unpaid. Recommend approval of Resolution No. 12-05. Agmemo BOARDUP.Res No 12-05 RESOLUTION NO. 12-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained wi thin Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s) . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 1. That assessments in the amount of Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at 2 Res. No. 12-05 the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (8%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this , 2005. day of MAYOR ATTEST: City Clerk 3 Res. No. 12-05 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: THE HEIRS AND DEVISEES OF MAE BELL ERVIIN MAILING ADDRESS: 310 WASHINGTON AVENUE DELRA Y BEACH, FL 33444 PROPERTY ADDRESS: 326 SW 8TH STREET LEGAL DESCRIPTION: LOT 1 AND W 3 FT OF LOT 2, BLOCK 2, SUNNY HEIGHTS AMENDED, ACCORDING TO PLAT BOOK 27, PAGE 221 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL (326 SW 8TH ST) You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $1.321.34 by resolution of the City Commission of the City of Delray Beach, Florida, dated has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on Januarv 12.2005 that the Chief Building official had detennined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the city if you failed to act. _X _You failed to appeal the decision of the chief Building Official to the Board of Construction Appeals although you were infonned of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Chief Building Official. 4 Res. No. 12-05 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on December 11. 2004 at a cost of $1.321.34 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HA VB PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAG~S. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk 5 Res. No. 12-05 r-···-------··· -.-- ..-.....-. ·__······ëITy-ëõ,.ñÑii-Š-š·lõÑ· 'DÖCUÑiËNTÄ iioN . ....... ...--....... .. of<. ....__u..... ,. ~ TO: DAVID T. HARDEN CITY MANAGER FROM: PAUL D09!:~?I~ OF PLANNING AND ZONING SCOTT PAPE, SENiõR PL~ER ~'.:? r- MEETING OF MARCH 15,2005 **CONSENT AGENDA** ACCEPTANCE OF HOLD HARMLESS AND LANDSCAPE MAINTENANCE AGREEMENTS ASSOCIATED WITH THE TROPIC ISLES TOWNHOMES CLASS V SITE PLAN APPROVAL. THRU: SUBJECT: I~~__":'_"'_""_U"_"__'_" -- ... . .. . .---.-. ---.-----.--...... . -----.-------. .... -.... __"'_'1 .' " .'" ACTION REQUESTED OF CITY COMMISSION .! . . . The action requested of the City Commission is acceptance of hold harmless and landscape maintenance agreements associated with the Tropic Isles Townhomes project located at the northwest corner of Frederick Boulevard and Avenue "H." r-~-'~---'----' .... - .... - BAëï<GROUND---..··- . - . .... ..-..... .u.._u.... -- ---·--------11 The subject property consists of Lots 14-22, Block 26, Del-Raton Park subdivision. The property is currently vacant and contains 0.69 acres. At its meeting of November 10, 2004, SPRAB reviewed and approved with conditions, a Class V Site Plan application for a eight unit townhouse project known as Tropic Isles Townhomes. The Board approved the site plan subject to a condition that hold harmless and landscape maintenance agreements are provided for the Live Oak trees proposed within the Frederic Boulevard and Avenue "H" rights-of-way. There are no public utilities within the public rights-of-way along Frederick Boulevard or Avenue "H" and the City Engineer has reviewed the proposed landscaping within the right-of-way and approved their location. The hold harmless and landscape maintenance agreements have been reviewed and approved by the City Attorney's Office for legal form and sufficiency and are now before the City Commission for approval. r-"-~---"- _____n___ -- -- -.-..- RËÇÓ~'~~~D~D 'ACTION"- ... -.. ..... ....... .. --... Accept the hold harmless and landscape maintenance agreements associated with the Tropic Isles Townhomes project for the proposed Live Oak trees in the Frederic Boulevard and Avenue "H" rights-of-way. Attachments: o Hold harmless and landscape maintenance agreements o SPRAB staff report dated November 10, 2004 ~E. r- Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this ~ day of 0mUO Y\J f , 200 _t:by and between the City of Delray Beach, Florida ("City") andTy'cPlr.\S\eS TcW(,\~.<:;'llt\,"Owner"). . WIT N E SSE T H: WHEREAS, in order to provide landscaping in the City, the City Commission has r adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of-way of A"erî\}p. U (Y'I{j fyPd::\1d< 6\vd pursuant to the tenns of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right-of-way of I\JP()ù€ H <t Fr()rf81CJ~ BlVd and, WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, r- -- ,--. ,- WHEREAS, this Agreement is not effective unless the O"W'TIer has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recogmze the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of 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. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. 4. The Owner hereby agrees to maintain the plantings in the right-of-way In accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To 2 - maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a r- deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of-way by the Owner. 7. If for any reason the City decides that it needs the right-of-way of - A~.p()\)e H crd FrE(1f='nCk Bhrl or for any other public purpose this Agreement shall 3 tenninate, and the OV\rner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. 8. The Owner shall indemnify and hold hannless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right-of-way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. ,,-- 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 200_. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: By: City Clerk Mayor Approved as to legal form: .-- By: City Attorney 4 r- WITNESSES: (OWN~ Kis'rM- LA~ ~ (Print or Type Name) (Print or Type Name) (Print or Type Name) STATE oHt6l!t-LJ COUNTY O~ The foregoing instrument as a<1knovv. edged before me this IcJ J, day of ~fJ. , 20(}ffby f). La (name of officer or agent), of íropc. }s,\e'S k"M/{Ùll'\1Y)(' SI I I C (name of c oration), a FI (JY)() n. (State or place of incorporationl corporation, on behalf of the corporat~on. He/~.he' p~rson~lly ~own to ~e ?r has produced"-f'L.:n,"~-.5OJ-'f~/"'-O (type of Ide ficatI n) IdentIficatIOn and dId/dId not take an oath. , . S' na e State of œ YAZMIN RODRIGUEZ MY COMMISSION # DD 049902 EXPIRES' August 14,2005 1~NOTARY Fl Notary Serviœ & Bonding, Inc ublic - r- r'--- 5 LU(!) ~~ IU 0, 0006 u..>: ... 1-0..... '\ ... o -~ U) O~CI) u..NC o:t:~~ lJJ -(!) - LUðffi~ ~ ~Q:O:ïi ~~~~ 0 I-~~~ Q:fI)O::> ~¡..;.OO ::r: I- 0 :t: 0 -T .....o:t: ~O~o <= ~tæLti I!:<=:::EQJ ~ §:~~:5 Q:~a.:~ LUCÒo.: o :t: ~ - a..: ~ ~ · CI) LUQ)Q) 'OI;t I--- (!) 8 . lli o~ b o-mew) ~u.. t'\I 1-(!)(!)'OI;t 0:0 JI LUt'\I - U) '" Q.. ~ ... [QI- lù ~.....: (!) OLU ..... ~CO~~ I-LU ~ lJJ oo-~ o:t: o-~o:: OCl) CI) c::::r:. ..... - 0 ~ ......J QJ ai 0 I!: u..n:co::> + U) ~ol-O t'\I :5C1) . - :t:ffin..(O ~ ___ (!) n.. - 'OI;t ::> & - n.. I- t) o)..~:t ~ Q:~Q:CI) i!:û.~~ )<. --- W a.. 'OI;t0~0 _~Ol- ~:t:~cò 0 oS2Q:t'\I .....Q:~~ g: u..)..LUO ~- UJcj:: o ..... & 0 I-.....CLU :5~LUCI) ... fh@E~ - -- ... Q:~f-,: ~g~ - - - ~I- ~~ ~ct - - - 1\ I ! ~-{ ! ¡ i! ,{ ~; ,. V> ~~ ~~-, -+\ ! / ~ I ~ ~ 9 --tG~4x 3 , ~ ~ ! ~ ~ ~ ~ ~ ~ It " I), ! ~ i3 ~ ;¡¡ ~ ~ ~ ~ i .~~ , r: - ;t.\. ~ ,~. § r I / )~'" ' ..' r'~" ~ i §-it -~ o~ 8 t -fill":: " I \" ~ I ~ I! : \' (, I ,,~~~.;- ..,(,.y~~.~,.\ ~ ~:~\~:-.:~,¡ ~....,:.k"~ ~"."'~'" .,,-.. .~.......: -;:¡ç, , _ _ '. ( . ~. ,0-''''0 _. .1."". . ~. I. I - .. . ~ \--- , ;" ~~~ ~ ~ ~"\..y ,-",' ~f-I-\-!I ~'"' '. ,~. \, .~, ' /~ ~o~ 8 ~ -\ j_~~ ~ \~) ~~ ~l ~, _~:t~ ~, ~ , "-~: ~-u.y ~ ~ ~~ t ~~ ~~ Frederick Boulemrd 6O'R'Il'" "fWtIJ' ~~~s ~ C) ~:i..t"JZ tr1 In::'~o ~~ª3(' itI ~~ ~ CJ ~~~ tT1 ::~ ~ ~§::c o. _ - ... tr1 ()~Z TY"àpí.o I.\-ÙW TãW~ ~AI.I.~~MÐ_ ~;i; FRIESE DESIGN GROUP, INC ,. < 8 -Fee.-SÍNJ'Iþw.. Tow~ arctntect and mtenor deSIgner ~~~: r ~ffit "AIftKXÞ2965 ID#3,7'"J() AVet"L«/tl £< F".eiter~13ùv~ 1447 NE 4Lh J\ VE Ff L\UDERDALE. FL. fIo,ESE~"'_Wœ:.-a>QC.YðoCE In ," VeLR~ 13~ Flcr~ _'ß4Ecoe.-.c-l""'<7.....I"IOI;).I£<:~""'-y , I (954) 462-1344 FAX 46H)()47 f "1 Ç,x)\t~~ __ Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 HOLD HARMLESS AGREEl\ŒNT THIS HOLD HARMLESS AGREEl\Œ1\.T'f, is entered into this 12- day of c.h1 'Dr,,! ,200~ by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and l'Yl){")\<(, I~~ l{wJf)~S U (',. , (hereinafter referred to as "OWNER"). r- WIT N E SSE T H: ~ Q0octrQn+ WHEREAS, OWNER owns property located at lifdð1d< Bud & ÞtJe. }-\ , Delray Beach, Florida, and has requested CITY to allow for the installation of landscaping along the ~()S~ a'('t \<:Ù )-\¥) property line in the public right-of-way; and WHEREAS, OWNER agrees to hold CITY harmless for any damage which might be caused to the landscaping as a result of maintenance within the public right-of-way or any action brought against the CITY as a result of the landscaping in the public right -of-way. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. OWNER is the owner of property legally described as follows: .- See Exhibit "A" r-- .- .- - , 3. That OWNER is developing the property and plans to install landscaping in the public right-of-way pursuant to the City of Delray Beach Land Development Regulations. 4. OWNER acknowledges that the CITY shall assume no responsibility for the improvements, materials or landscaping which OWNER places within the public right-of-way. 5. OWNER, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold hannless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, which may result from the placement or existence of the landscaping in the public right-of- way. OWNER further agrees to hold the CITY, its agents, officers, employees and servants harmless for any damage to the improvements OWNER places within the public right-of-way. It is understood that any cost for replacement of landscaping or repairs to the improvements shall be the OWNER'S responsibility, and the CITY will not be held liable for any damage as a part of the maintenance or construction within the said public right-of-way. 6. All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at the following address: CITY: City Engineer City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 OWNER: lÁ ¡lnt l..4 G.A.t.A T A.Ð' fC.. lS<.Ls ì)&,wN tte"'4S., LLc:... l.~' S£ , Av« ..~ ð=F-al.Ct ~D ~ A.. ;r~,,'t f I 7. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 2 , , ,-. 8. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and pennitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: By: City Clerk Mayor Approved as to Form: r-- By: City Attorney WITNESSES: OWNER: ~ ~-""L By: (Print or Type Name) ---t&~ LA. ~ (print or Type Name) (print or Type Name) STATE O~RiJ¡ n COUNTY OF -=.t>fètt)QR~ (SEAL) ~ The foregoing instrument mas 1 acknowle ged before me this ~ day of ~I). , 20~by l(eN/) /I. Q a a (name of officer or agent), of IYDp\('.IS'es Tl1..¡nh::rY\..o..~) It (' (name of co ration), a F!övìd a (State or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or 3 ~ I~ " _ t C'L.. , -60/.13...214...0 . has producedtt .'J)I..rH:-L')~O (type of Ide not take an oath. identification and did/did œ YAZMIN RODRIGUEZ MY COMM'~'~ . "-, I< DD 049902 EXPIRES AU¡;li5' 14,2005 1-8D1J.3.NOTARY Fl Nasty S~J"W .3 ßon<ing. Inc. (SEAL) 4 UJ(!) ~<: ,,,0,0006 i.L>: ... 1-0..... '\ ... o -~ C/) O~CI) u.NO"C( o:X:O:O lJJ _(!)O- UJ::>Oa: ;x:OUJO ~ ~o:O:ii u.i!~~ o <: 0 I-~::><: O:fI)O::> ~~OO :J: I- 0 :x: 0 -T .....o:x: ~o~o ;æ: t-: ~ IJj oct: I-Q)LU ~~~Q) s: §: 0 .... ::; ~~..... ffii3ò~ o J:: "C( - ..,: t-: - 1 CI) UJO)O) ~ I-- (!) 8 . Lfi ON 0 O-CI) ~~ C"i I- UJ(\') JI (!j(!)~ ffiC"i - C/) CÒ Q. ~ LIJ ED I- Üj ~....: (!) OlU ..... ~cn~<: I-UJ ~ lJJ OO~~ O:J:: O::~ QCI) CI) c::r:. ..... 0- .......J Q) ai 0 ~ u.n::ED::> + C/) ~Ol-O ~ 5C1) - - 0: CO ~ ....... ~ æ e:. ~ ::> I:: - Q.. .- t) O>-~5: ~ o:~~CI) ~tLQ..~ ;< ....... w Q ~O<:O _~Ol- o ~:J:!;( CÒ O~o:~ .....a:~<: Ç(: I.L >- LIJ 0 1-- UJ9ï:: 0.....-0 t--: 1-..... Q UJ 5"C(UJCI) ... Q..O~<: - -- UJUJ-- ... 0:<:1- "C(OQ] 01- - - - <:"C( ~...J "C(Q.. - -- MEMORANDUM TO: FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER&1 AGENDA ITEM # ß 'F- - REGULAR MEETING OF MARCH 15. 2005 CITY OF DÉLRAY BEACH SUB-RECIPIENT FUNDING AGREEMENT SUBJECT: DATE: MARCH 11,2005 This is before the Commission to approve one (1) sub-recipient agreement for funding and acceptance of funds in the total amount of $16,000.00 between the City of Delray Beach and New Innovations under the Weed and Seed program for FY 2004-2005. Funding is available from 115-2126-521-31.90 (Special Fund/Weed & Seed Grants/Other Professional Services). Recommend approval of the agreement with New Innovations for funding and acceptance of funds under the Weed and Seed program for FY 2004-2005. S.\Clty Clerk\agenda memos\2004-2005 Weed and Seed New InnovatIOns 0315.05 AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRA Y BEACH AND NEW INNOVATIONS FY2004-2005 (March 15,2005 - September 30,2005) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this 15th day of March, 2005, between the City of Delray Beach, hereinafter referred to as "City" and New Innovations, hereinafter referred to as "AGENCY", having its principal contact at: P.O. Box 697 Boynton Beach. FL. 33425, is related to the provision, as per the budget approval by the City Commission on September 21, 2004, of $16,000 in Department of Justice, Community Capacity Development Office (DOJ/CCDO) funds upon the following terms and conditions: The awarded CCDO funds are allocated as follows: 1. Definitions: a. "City" means the City of Delray Beach, Florida b. "DOJ" means U.S. Department of Justice c. "CCDO" means Community Capacity Development Office (a new branch of the Department of Justice, formerly the Executive Office of Weed & Seed) d. "Weed & Seed" means The Delray Beach Weed & Seed grant initiative e. "The Agency" means New Innovations 2. Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the allocation of federal DOJ/CCDO funds. The Scope of Service in Exhibit "A" outlines the specific deliverables. The beneficiaries of a project funded under this agreement must provide services to residents within the federally designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit requests for reimbursement of approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. Reimbursement requestsl invoices and programmatic reports should be submitted simultaneously. Services and payment of services will be provided according to the schedule listed in IIExhibit A." The City will provide through its Parks and Recreation, Out of School Programl Safe Haven, reports to the Weed & Seed Program Manager, due June 30th and October 10th to include the following: · Number of students enrolled in Safe Havens · Number of students participating in the New Innovations project and project dates · Summary of Project · Name and Date of Birth of students enrolled in the Safe Haven 1 o..ltJ~ · Additional Expectations of the Parks and Recreation Department's Out-of-School program! Safe- Haven includes: · Prominent display of the Weed & Seed, "Safe-Haven" designation at all 3 Out-of-School program locations (to be provided by Weed & Seed) · Inclusion of the Delray Beach Weed & Seed logo on program materials acknowledging Weed & Seed as a funding source · Providing display of Weed & Seed! Project Safe Neighborhoods crime education posters (to be provided by Weed & Seed) All services provided by New Innovations shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $16,000 for the period of March 15 - September 30, 2005. All release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Delray Beach Weed & Seed Program Manager. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement, or the date of release of funds from the DOJ!CCDO, whichever is later. The services of AGENCY shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of March 1. 2005 will be processed. All service required hereunder shall be completed by AGENCY by September 30, 2005. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed Program Manager. 5. Records and Reports: The Agency agrees to provide the City programmatic progress reports that outline the New Innovations program activities, progress made, number of participants enrolled, problems encountered and proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request! invoice (due according to the schedule listed in exhibit A). Additionally, a final report summarizing results for the funding period is due within 10 days of project completion. Reimbursement payments will not be released without the submission of the required reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by DOJ!CCDO. The Agency agrees 2 (}..tÞ ~ · to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of three (3) years, dating from September 30, 2005. 6. Program-Generated Income: All income earned by Agency from activities financed by DOJ/CCDO funds must be reported to the City. In addition to reporting such income, Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this agreement, the prior written approval of the City will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMS Circular A-11 0 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights/Resident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. The Agency certifies that required background screenings will be conducted on ALL employees and volunteers working with youth or other vulnerable/protected individuals. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project target area shall be awarded contracts in connection with the project. 8. Public Relations Requirement: Grantees shall acknowledge, to the extent feasible, the Weed & Seed funding of the project in annual reports, bulletins, publications, and other public relations activities of the grantee. 9. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the City and/or DOJ/CCDO copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit reports as outlined in #5 and at other times upon the request of the City, information and status reports required by the City, and/or DOJ/CCDO on forms approved by City to enable evaluation of said progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow the City or DOJ/CCDO to monitor Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the City and DOJ/CCDO. 10. Audits and Inspections: At any time during normal business hours and as often as the City, DOJ/CCDO, or the Comptroller General of the United States may deem necessary, there shall be made available by Agency to the City, DOJ/CCDO or the Comptroller General for examination all its records with respect to all (X. W.4V\: 3 matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to submit a single audit, including any management letter, made in accordance with the general program requirements of OMS Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. A Certified Public Accountant of the AGENCY'S choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of AGENCY as defined by A-133. 11. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to the community. This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement. 12. Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMS Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR 66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon termination for convenience or for cause, the City shall pay the sub-recipient Agency for satisfactory services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event the grant to the City under Title I of the Omnibus Crime Control and Safe Streets Acts of 1968, 42 U.S.C. 3701, et. seq., as amended is suspended or terminated; this agreement shall be suspended or terminated effective on the date U. S. DOJ specifies and all payments are contingent upon the release of funds from the DOJ/CCDO. 4 o}l"'" - 14. Independent Contractor: AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 15. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a) requires this notice. 16. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall abide by all relevant regulations pertaining to federal grant funding including, but not limited to: the Financial Guide, OMB Circular 110, and 24CFR Part 570. 17. Copyright laws: The City of Delray Beach agrees to abide by all copyright laws. The City agrees not to resell any materials owned by New Innovations. 18. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. 19. Hold Harmless and Indemnification Clause: New Innovations hereby agrees to promise to indemnify and hold harmless the "City" and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving of said funds. Agency/Sub-recipient: !!!JJnnovations r!L NamelTitle: AúJratueJls lY/o.rA Signed By: a~ úJef4 ~ WITNESSES: _~;l'I~ '~.-L~ 5 ATTEST: CITY CLERK CITY OF DELRA Y BEACH, FLORIDA Signed By: 6 Exhibit itA" Scope of Service Introduction The goals of the New Innovations educational curriculum, resource materials, and staff development project with the City of Delray Beach are as follows: · New Innovations will train Safe Haven/ Parks & Recreation Out-of School Staff to implement the New Innovations curriculum and resource material with youth participants · Youth enrolled in the Delray Beach Safe Haven/ Parks & Recreation Out-of School program, through participating in the New Innovations curriculum, will improve their performance in reading, math, and science. Once trained, Parks and Recreation staff will implement the New Innovations curriculum weekly and administer pre and post assessments on a monthly basis. Parks and Recreation staff will provide completed assessments to New Innovations for data analysis and reporting. New Innovations will collect assessments and provide reports to the Department of Parks and Recreation during the scheduled staff support sessions. Outcome Measures to be Monitored bv the Parks & Recreation Out·of School Proaram (Safe Havens) · Number of students enrolled in Safe Havens · Number of students participating in the New Innovations project and project dates · Summary of Project · Name and Date of Birth of students enrolled in the Safe Haven Outcome Measures to be Monitored bv New Innovations · Monthly report to include the average of participants pre and post test scores in reading and math and a % of increase in scores (due by the 10th of the month for the preceding month) · Total, cumulative average of participants' pre and post test scores in reading and math and % of increase in scores over the duration of the project (due within 10 days of project completion). 2004) Proaram Reports New Innovations agrees to provide the Weed & Seed Program Manager and the Director of Parks and Recreation with the reports detailed above. If problems are encountered during the implementation of this project, New Innovations will include this information in the monthly reporting along with proposed solutions. Additionally, a final report summarizing results for the funding period is due within 10 days of the completion of the project. Payment will not be released without the submission of the required reports (completed and accurate). Failure to submit the final report will jeopardize future requests for funding. The Department of Parks and Recreation Department agrees to provide reports to the Weed & Seed Program Manager on the Outcome Measures listed above twice during the funding period: June 30th and October 10th. The Department of Parks and Recreation agrees to abide by expectations detailed in this contract. 7 0-V~ · Program Budget Weed & Seed agrees to provide $16,000 toward the cost of educational enrichment services provided by New Innovations for the Delray Beach Parks and Recreation: Out of School Proqram/ Safe Havens accordinq to the schedule laid out below. Relevant support documentation will be required. New Innovations Deliverables: New Innovations K-2 school set (This set includes Activity Books, mathematics and language arts manipulatives, easels, balls and markers) New Innovations 3-5 school set (This set includes Science Sing-Sations Books, CD's, easels, balls and markers) Payment $2,000 $2,000 Customized Weekly Lesson Plans- $3,000 for 3 months Pre & Post Assessments (reading & math for K-2 and 3-5 groups) $1,000 (science assessments for 3-5 groups) Staff Development- 28 hours to include approximately: · 1/2 hr. session of initial training $8,000 · 12 weeks of staff support (45 min. per site weekly) · Monthly collection of pre and post assessments · 1/2 hr. final overview session · Data calculation and reporting on prior month's assessments 8 Schedule Payable to New Innovations upon receipt target date 3-16-05 Payable to New Innovations upon receipt target date 3-16-05 Payable to New Innovations upon receipt target date 3-16-05 Payable to New Innovations upon receipt target date 3-16-05 First half ($4,000) payable upon completion of 1st 6 weeks, second half ($4,000) payable upon completion 0ß~' Date: 3/04/05 AGENDA ITEM NUMBER: 5S' F 8~,· ~..", . ..<~'" AGENDA REOUEST Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: March 15.2005 Sharon L'H agreements: roval of the followin Between the City of Delray Beach/ Weed & Seed Project and New Innovations which authorizes payment of $16.000 to New Innovations for service provisions (educational enrichment services and curriculum provided to the Out-of-School Program (Safe Havens) / Department of Parks & Recreation) from March 15. 2005 - September 30. 2005. These services are an approved use of grant funding through the Weed & Seed project. Services have been budgeted for and approved by the Community Capacity Development Office / DO]. City Attorney Review /Recommendatio see signature on agreement Department Head Signature: Buðget::t Director Rgiew (reguj,ed on all items involving expenditure of funds): ~ 0:3/'~/'5 unding Available: Yes / No Initials: Account Number:. 1 ~126-521-31.90 DescriptionS~JJ';:" ~¿. /du)f S&.J Account Ba1/nce: $16.000' Funding Alternatives: N/ A (if applicable) /J'¡¿.,v /Æ1 SII(r . City Manager Review: Approved for Agenda:& No Iniriili:-4- Hold Until: Agenda Coordinator Review: Received: MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER~ AGENDA ITEM # G - REGULAR MEETING OF MARCH 15. 2005 CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENTS TO: SUBJECT: DATE: MARCH 11, 2005 This is before the Commission to approve agreements in the total amount of $21,862.00 with two (2) sub-recipients (Delray Youth Vocational Charter School and Children Learning After School Sessions, Inc.) under the Weed & Seed program for FY 2004-2005. Funding is available from 115-2126-521-83.01 (Special Projects Fund/Weed and Seed Grants/Other Grants/Aid). Recommend approval of the agreements for funding and acceptance of funds under the Weed and Seed program for FY 2004-2005. S \Clty Clerk\agenda memos\2004-2005 Weed and Seed Agmts. 03.15.05 AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRA Y BEACH AND CHILDREN LEARNING AFTER SCHOOL SESSIONS, INC. (C.L.A.S.S.) March 15, 2005 - August 31, 2005 THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this 15th day of March, 2005, between the City of Delray Beach, hereinafter referred to as "City" and Children Learning After School Sessions, Inc. (CLASS), hereinafter referred to as "AGENCY", having its principal office located at 301 SW 12th Ave, Delray Beach, Florida, is related to the provision, as per the budget approval by the City Commission on September 21, 2004, of $5,862 in Department of Justice, Community Capacity Development Office (DOJ/CCDO) funds upon the following terms and conditions: The awarded CCDO funds are allocated as follows: $5,862 to fund Teachers andl or stipends for "Counselors In Training" to assist with the implementation of the CLASS after-school and summer school programs. (see attached exhibit "A"). 1. Definitions: a. "City" means the City of Delray Beach, Florida b. "DOJ" means U.S. Department of Justice c. "CCDO" means Community Capacity Development Office (A branch of the Department of Justice, formerly known as the Executive Office of Weed and Seed) d. "W&S" means Weed and Seed e, "The Agency" means Children Learning After School Sessions, Inc. (CLASS), 2. Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the allocation of federal DOJ/CCDO funds. The Scope of Service in Exhibit "A" outlines the specific deliverables. The beneficiaries of a project funded under this agreement must provide services to residents within the federally designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit requests for reimbursement of approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. Reimbursement requests and programmatic reports should be submitted simultaneously. The City agrees to disburse payments upon the receipt of each required "request for reimbursement", and receipt of required programmatic reports and necessary data (as determined by the City), covering the month for which reimbursement is requested. Disbursements will be available approximately the first working day of each month, commencing one month following the execution of this agreement and the receipt of required documentation described above and continuing through August 31, 2005. 1 All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the approved dollar amount of $5.862 for the period of March 15. 2005- AUQust 31, 2005. All release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Delray Beach Weed & Seed Program Manager. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement, or the date of release of funds from the DOJ/CCDO, whichever is later. The services of AGENCY shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of March 15, 2005 will be processed. All service required hereunder shall be completed by AGENCY by Auqust 31.2005. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed Program Manager. 5. Records and Reports: The Agency agrees to provide the City programmatic progress reports that outline the CLASS program activities, progress made, number of participants enrolled, problems encountered and proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10th of the month for the preceding month). Additionally, a final report summarizing results for the funding period (March 15, 2005 - August 31, 2005) is due by September 15, 2005. Reimbursement payments will not be released without the submission of the required reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by the City or DOJ/CCDO. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of three (3) years, dating from August 31, 2005. 6. Program-Generated Income: All income earned by Agency from activities financed by DOJ/CCDO funds must be reported to the City. In addition to reporting such income, Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this agreement, the prior written approval of the City will be required. Accounting and disbursement of program income shall be consistent with 2 the procedures outlined in OMS Circular A-11 0 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights/Resident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. The Agency certifies that required background screenings will be conducted on ALL employees and volunteers working with youth or other vulnerable/protected individuals. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project target area shall be awarded contracts in connection with the project. 8. Public Relations Requirement: Grantees shall acknowledge, to the extent feasible, the Weed & Seed funding of the project in annual reports, bulletins, publications, and other public relations activities of the grantee. 9. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the City and/or DOJ/CCDO copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit reports as outlined in #5 and at other times upon the request of the City, information and status reports required by the City, and/or DOJ/CCDO on forms approved by City to enable evaluation of said progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow the City or DOJ/CCDO to monitor Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the City and DOJ/CCDO. 10. Audits and Inspections: At any time during normal business hours and as often as the City, DOJ/CCDO, or the Comptroller General of the United States may deem necessary, there shall be made available by Agency to the City, DOJ/CCDO or the Comptroller General for examination all its records with respect to all matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to submit a single audit, including any management letter, made in accordance with the general program requirements of OMS Circulars A-11 0, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. A Certified Public Accountant of the AGENCY'S choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit 3 conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of AGENCY as defined by A-133. 11. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to the community. This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement. 12. Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-11 0 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR 66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon termination for convenience or for cause, the City shall pay the sub-recipient Agency for satisfactory services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event the grant to the City under Title I of the Omnibus Crime Control and Safe Streets Acts of 1968, 42 U.S.C. 3701, et. seq., as amended is suspended or terminated; this agreement shall be suspended or terminated effective on the date U. S, DOJ specifies and all payments are contingent upon the release of funds from the DOJ/CCDO. 14. Independent Contractor: AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 4 15. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a) requires this notice. 16. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall abide by all relevant regulations pertaining to federal grant funding including, but not limited to: the Financial Guide, OMB Circular 110, and 24CFR Part 570. 17. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. 18. Hold Harmless and Indemnification Clause: CLASS hereby agrees to promise to indemnify and hold harmless the "City" and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving of said funds. Agency/Sub-recipient: CLASS of Palm Beach County Signed By: ~41.,*'" ~7, CITY OF DELRA Y BEACH, FLORIDA Signed By: ATTEST: CITY CLERK 5 Exhibit "A" Scope of Service Introduction Children Learning After School Sessions, Inc. (CLASS) serves approximately 140 children during the academic school year. CLASS provides academics and enrichment activities, engages teens as mentors for younger students, and provides a safe environment for the children during the after-school period when many at-risk youth would otherwise be unsupervised. Some of the program objectives include the following: · Provide remediation in the following areas: Reading, Math, Language Arts, Spanish, FCA T assistance, and computer classes · Enrichment activities, encourage mentoring between the elementary & high school students · Promote positive activities for idle teenagers for the summer Outcome measures: · Number of children enrolled (average daily attendance) · Number of CITs · Hours and type of tutoring offered · Average improvement in reading and math as demonstrated through Pre & post tests and school reports Proaram Reports The Agency agrees to provide the City with programmatic progress reports that outline CLASS's program activities, status of outcome measures, number of participants enrolled, problems encountered as well as the proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10th of the month for the preceding month). Additionally, a final report summarizing results for the funding period (March 15, 2005- August 31, 2005) is due by September 15, 2005. Reimbursement payments will not be released without the submission of the required reports (completed and accurate). Failure to submit the final report will jeopardize future requests for funding. Proaram Budaet Weed & Seed agrees to provide $5,862 to fund Teachers and! or stipends for "Counselors In Training" to assist with the implementation of the CLASS after-school and summer school programs. Funds will be provided on a reimbursement basis and will be dispersed subsequent to the receipt by the Delray Beach Weed and Seed Program Manager of the programmatic report described above and a financial reimbursement request. These documents are to be submitted by the 10th the month for the preceding month. Relevant support documentation will be required. 6 AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRA Y BEACH AND DELRA Y YOUTH VOCATIONAL CHARTER SCHOOL FY2004-2005 THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this 15th day of March, 2005, between the City of Delray Beach, hereinafter referred to as "City" and Delray Youth Vocational Charter School, hereinafter referred to as "AGENCYI/, having its principal office located at 1300 SW.30th Bldg. #5 Ave.; Boynton Beach, FL. 33426, is related to the provision, as per the budget approval by City Commission on September 21.2004 (and retroactively effective January1, 2005 through August 31, 2005), of $16,000 in Department of Justice, Community Capacity Development Office (DOJ/CCDO) funds upon the following terms and conditions: The awarded CCDO funds are allocated as follows: $16,000 for classroom furniture, educational! instructional supplies, and/or audio-visual equipment to support the implementation of the DELRA Y YOUTH VOCATIONAL CHARTER SCHOOL training and curriculum (see attached Exhibit "AI/) from January 1, 2005 through August 31, 2005 conditional upon submission of a letter of non-supplanting of funds. 1. Definitions: a. "City" means the City of Delray Beach, Florida b. "DOJ" means U.S. Department of Justice c. "CCDO" means Community Capacity Development Office d. "W&S" means Weed and Seed e. "The Agency" means DELRA Y YOUTH VOCATIONAL CHARTER SCHOOL 2. Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the allocation of federal DOJ/CCDO funds. The Scope of Service in Exhibit "A" outlines the specific deliverables. The beneficiaries of a project funded under this agreement must provide services to residents within the federally designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit requests for reimbursement of approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. Reimbursement requests and programmatic reports should be submitted simultaneously. The City agrees to disburse payments upon the receipt of each required "request for reimbursement", and receipt of required programmatic reports and necessary data (as determined by the City), covering the month for which reimbursement is requested. Disbursements will be available approximately the first working day of each month, commencing one month following the execution of this agreement and the receipt of required documentation described above and continuing through August 31, 2005. 1 All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the City Manager approved dollar amount of $16,000 for the period of January 1, 2005 through August 31, 2005. All release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Delray Beach Weed & Seed Program Manager. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement, or the date of release of funds from the DOJ/CCDO, whichever is later. The services of AGENCY shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of January 1, 2005 will be processed. All service required hereunder shall be completed by AGENCY by August 31,2005. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed Program Manager. 5. Records and Reports: The Agency agrees to provide the City programmatic progress reports that outline the DELRA Y YOUTH VOCATIONAL CHARTER SCHOOL program activities, progress made, number of participants enrolled, problems encountered and proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10th of the month for the preceding month). Additionally, a final report summarizing results for the academic year (August 11, 2004 - May 30, 2005) is due by September 15, 2005. Reimbursement payments will not be released without the submission of the required reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by the City or DOJ/CCDO. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of three (3) years, dating from August 31, 2005. 6. Program-Generated Income: All income earned by Agency from activities financed by DOJ/CCDO funds must be reported to the City. In addition to reporting such income, Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this agreement, the prior written approval of the City will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. 2 7. Other Program Requirements (Civil Rights/Resident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. The Agency certifies that required background screenings will be conducted on ALL employees and volunteers working with youth or other vulnerable/protected individuals and have such available for review during Monitoring visits. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project target area shall be awarded contracts in connection with the project. 8. Public Relations Requirement: Grantees shall acknowledge, to the extent feasible, the Weed & Seed funding of the project in annual reports, bulletins, publications, and other public relations activities of the grantee. 9. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to fumish upon request to the City and/or DOJ/CCDO copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit reports as outlined in #5 and at other times upon the request of the City, information and status reports required by the City, and/or DOJ/CCDO on forms approved by City to enable evaluation of said progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow the City or DOJ/CCDO to monitor Agency on site (at least annually). Such visits may be scheduled in ,advance or unscheduled as determined by the City and DOJ/CCDO. 10. Audits and Inspections: At any time during normal business hours and as often as the City, DOJ/CCDO, or the Comptroller General of the United States may deem necessary, there shall be made available by Agency to the City, DOJ/CCDO or the Comptroller General for examination all its records with respect to all matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to submit a single audit, including any management letter, made in accordance with the general program requirements of OMS Circulars A-11 0, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. A Certified Public Accountant of the AGENCY'S choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of AGENCY as defined by A-133. 3 11. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to the community. This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement. 12. Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-11 0 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR 66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon termination for convenience or for cause, the City shall pay the sub-recipient Agency for satisfactory services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event the grant to the City under Title I of the Omnibus Crime Control and Safe Streets Acts of 1968, 42 U.S.C. 3701, et. seq., as amended is suspended or terminated; this agreement shall be suspended or terminated effective on the date U. S. DOJ specifies and all payments are contingent upon the release of funds from the DOJ/CCDO. 14. Independent Contractor: AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 15. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of 4 Florida Department of Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a) requires this notice. 16. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall abide by all relevant regulations pertaining to federal grant funding including, but not limited to: the Financial Guide, OMS Circular 110, and 24CFR Part 570. 17. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. 18. Hold Harmless and Indemnification Clause: DELRA Y YOUTH VOCATIONAL CHARTER SCHOOL hereby agrees to promise to indemnify and hold harmless the "City" and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving of said funds. Agency/Sub-recipient: Delra Signed By: Print Name: Pr. Fra.. ~ L:,t J E.. WITNESSES: ~ ~'~JJ!I <~~I~ CITY OF DELRAY BEACH, FLORIDA Signed By: ATTEST: CITY CLERK TORNEY 5 Exhibit "A" Scope of Service Introduction DELRA Y YOUTH VOCATIONAL CHARTER SCHOOL'S mission is to: a) Train and educate at-risk youth in various disciplines within the automotive industry b) Provide academic instruction to prepare students for their G.E.D., vocational education, and/or entry to post secondary institutions c) Develop and execute career development and d) Teach valuable life-management skills. Outcome measures: · Total number of youth served (total number enrolled and percentage that complete the program) · Participants will demonstrate minimum skills necessary to obtain work in the automotive industry as demonstrated through testing · Participants will improve their reading skills as demonstrated through pre and post testing · 80% of students completing the program will become employed (making above minimum wage) OR be placed in post secondary institutions · 80% of students completing the program will not participate in illegal activities within one year of their participation in the program (as measured by arrests). Proaram Reports The Agency agrees to provide the City with programmatic progress reports that outline DELRA Y YOUTH VOCATIONAL CHARTER SCHOOL'S program activities, status of outcome measures, number of participants enrolled, problems encountered as well as the proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10th of the month for the preceding month). Additionally, a final report summarizing results for the academic year (August 2004 - May 30,2005) is due by September 15, 2005. Reimbursement payments will not be released without the submission of the required reports (completed and accurate). Failure to submit the final report will jeopardize future requests for funding. Proaram Budaet Weed & Seed agrees to provide $16,000 for classroom furniture, educational! instructional supplies, and/or audio-visual equipment to support the implementation of the DELRA Y YOUTH VOCATIONAL CHARTER SCHOOL training and curriculum from January 1, 2005 through August 31, 2005. Funds will be provided on a reimbursement basis and will be dispersed subsequent to the receipt by the Delray Beach Weed and Seed Program Manager of the programmatic report described above and a financial reimbursement request. These documents are to be submitted by the 10th the month for the preceding month. Relevant support documentation will be required. 6 U.S. DEPARTMENT OF JUSTICE OFFICB OF JUSTICB PROGRAMS GRANT ADJUSTMENT NOTICE 12-06-(I.I.DI")1 :52 RCVD CHECK APPROPRIATE BOX o OJP o BJS o BJA o NIJ o OJJDP 0 ovc PAGE -L OF 1 1. GRANTEB NAME AND ADDRESS (Including Zip Code) Delray Beach, City of Joseph Schroeder, Chief of Police 300 West Atlantic Avenue Delray Beach. FL 33444-3695 lA. GRANTEE IRS/VENDOR NUMBER 596000308 3. GRANT NUMBER 2004-WS-Q4-0199 4. ADJUSTMENT NUMBER I 2. PROJECT TITLE 5. DA~DEC 0 1 2004 FY 2004 Executive Office for Weed and Seed Program Guide and Application Kit: Continuation Sites 6. GRANT MANAGER Kevin Turnau SECTION I. DBOBLIGATIONS & REOBLIGATIONS 7. ACCOUNTING CLASSIFICATION CODE 9. PREVIOUS GRANT FISCAL FUND BUD. DIV. AWARD AMOUNT $ 225,000.00 YEAR CODE ACT. OFC. REG. SUB. MBO - - - - - - - 10. REOBLIGATION ANT. $ 0.00 DOCUMENT CONTROL NUMBER ll. ADJUSTED AWARD AMOUNT $ 225,000.00 SBCTION II CHANGES 12. CHANGE GRANT MANAGER FROM Erin A. Holbert TO Kevin Turnau 13. CHANGE GRANT PERIOD FROM TO , , SECTION III. OTHER ADJUSTMENTS & INFORMATION 14. The Office of the Comptroller issued a Final Financial Clearance for the referenced grant, effectively retiring special condition #12. Equipment Supplies Construction 16,002 7,400 7,5001/ ~~ ~~/Þ'7 -- ~J.I ß The budget is approved as follows: Personnel Fringe Travel $ 83,374/ Coutractual Other 7,200, ,.c:J~3 89'42:/~ì~1I ~ -)./ J-(, - S 2.1- '1'1''"10 14,102 1\.> _ ";2I).!..t -5 ;)..[- P3,o I "s -.) , ).. 4 - r; 'p, -!:: (,,(.' 7 $225,000 'is- --;)JÁv - $;2./ - ?'1'1c o Total Direct Costs Indirect Costs Total Project Costs $225,000 15. TYPED NAME AND TITLE OF AUTHORIZED OFFICIAL Faith A. Baker Acting Deputy Director, CCDO OJP FORM 4040/1 (REV. 5-87) A20RIZED Memòrandum Subject: Final Financial Clearance on Application 2004-W0415-FL-WS City of Delray "FY 04 W&S" Date: November 9,2004 To: Erin Holbert CCD From: Alice James OC/FSB The Office of the Comptroller has reviewed the subject application for funding approval. Costs appear allowable, reasonable and consistent with Office of Justice Program regulations. Budl!et $83,374 16,002 7,400 7,500 7,200 0 89,422 14,102 $225,000 Q $225.000 PERSONNEL FRINGE BENEFITS TRAVEL EQUIPMENT SUPPLIES Construction/Renovation CONTRACTUAL OTHER TOTAL DIRECT COSTS INDIRECT COSTS TOTAL PROJECT COSTS Federal Funds Approved $225.000 I. Match is not required for this grant program. 2 The current approved budget reflects a 12 month budgetary period. 3. The CFDA number for this program is 16.595 4. The following information IS correct for thIs applicant: Name: City of Delray Beach Address: 300' West Atlantic Ave. Delray Beach, FL 33444 Vendor # 596-000-308 5 The fiscal integrity review was performed and no exceptions were noted. 6. The grantee is a government entity; therefore, a financial capability questionnaire is not required. 7 The approved budget clearance listed above includes the reclassification of $100 from Travel to the Other category 8 The program office should issue a Grant Adjustment Notice (GAN) to remove special condition prohibiting oblIgation, expendItures, and drawdowns. The special condition number is 1:2 _The program manager must include the budget on the face of the GAN. 9 All financiallbudget issues have been satisfactory resolved. The detail is included In GMS Budget Detail Worksheet- Corrected lW14/04- Account codes added wi MAY A. PERSONNEL: Name/Position Weed &: Seed Full Time Coordinator Police- Delray Youth Vocational Charter School Police Overtime-Carver Kids of Character Police Overtime-West AU. Ave. Task Force Account Number 115-2126-521-12.10 115-2126-521-12.10 115-2126-521-14.10 115-2126-521-14.10 B. FRINGE BENEFITS: FICA for Coordinator FICA-for Staff: Delray Youth Vocational Charter School FICA-for Overtime Carver Kids in Character FICA-West AU. Ave. Task Force 115-2126-521-21.10 115-2126-521-21.10 115-2126-521-21.10 115-2126-521-21.10 Benefits for Coordinator EAP PensIon Life Insurance DISabIlity Health Insurance Workers Compensation Unemployment Total Benefits for Coordinator c. TRAVEL: 1) EOWS- sponsored conferences Airfare: $500 x 2 trips x 2 people 115-2126-521-40.10 Hotel $100/ night x 2 people x 4 rughts x 2 trips 115-2126-521-40.10 Per Diem: $33/ day x 2 people x 4 days x 2 tnps 115-2126-521-40.10 lncidentals(rentaI car, parkIng, etc). 5O/tnpx2 peoplex2 trips 115-2126-521-40.10 Total 2) RegionaJ,' Statewide Meetings Two people to local conferences on grant wntmg, community development, substance abuse prevention, other sociallSSues Hotel $90.00/night x 1 nights x 2 people 115-2126-521-40.10 Per DIem $33/ day x 2 days x 2 people 115-2126-521-40.10 Incidentals/registration: $50 x 2 people 115-2126-521-40.10 Total 3) Local mileage for Coordinator 115-2126-521-40.10 4) Police Training: Narcoticfi/ Crime tactics(WAATF) Airfare $346/tnp x 3 OffIcers 115-2126-521-40.10 Hotel $75/rught x 3 rughts x 3 people 115-2126-521-40.10 Per Diem $33/ day x 3 days x 3 Officers 115-2126-521-40.10 IncIdentals $5O/tnp x 3 people 115-2126-521-40.10 Total Computation $42,500 @ 75% $ $30.20 x 384 50 hrs $ $40/hr x 290.30hrs $ $4O/hr x 706.88hrs $ Cost 31,875 11,612 11,612 28,275 $31,875 x 7 65% $ 2,438 $11,612 x 7 65% $ 888 $11,612 x 7 65% $ 888 $28,275 x7 65% $ 2,163 $4500 $2,897.00 $192.00 $261.00 $5,928.00 $257 00 $45.00 2 people to 2 conferences $2,000 00 $1,600.00 $528.00 $200.00 $180.00 $132.00 $100.00 estimated at $50/ month $1,ro8.00 $675.00 $297.00 $150.00 ICMA 1% of salary $9,625 reduce by $100 $4,328 $412 $600 $2,160 D. EQUIPMENT: Unitel Tracking Device Police-Surveillance Equipment 115-2126-521-64.90 115-2126-521-64.90 E. Supplies SPECIAL EVENTS: Police-Carver Kids of Character weekend events pnzes: Two Youth Essay Contests per year. $700 115-2126-521-48.10 5 ActivIties: drug edu., lúe skIlls dev't, etc. $500 115-2126-521-48.10 Admission fees for 1 field trip: $300 115-2126-521-48.10 Supplies for activities (books, paper, markers, etc): $500 115-2126-521-48.10 Promotional Items Signs for Safe Havens (me/tides crime preventioll posters) 115-2126-521-48.90 Brochure 115-2126-521-48.90 Newsletter production 115-2126-521-48.90 Total Promotional Weed and Seed Office Supplies Copy paper, note-pads, postage, etc. 115-2126-521-51.90 FIle folders, pens, markers, post-it notes, etc. 115-2126-521-51.90 Printer/ Copier cartridges 115-2126-521-51.90 Paper clips, staples, tape, gluestlcks, correction fluid, etc. 115-2126-521-51.90 Total Office Supplies Other (Mlsœllaneous supplies, equlp.malnle/Ulnœ, minor repalTS, elc) 115-2126-521-49.90 -",,~ ~ - F. CONSTRUcrION G. CONSULTANT/CONTRACTUAL: Police-Vehicle Rentals for Police Undercover Operations 115-2126-521-44.40 GRANTS AND AIDS: CLASS-Tutorial Staff Support and Program Services Opelahonall xpemes 115-2126-521-83.01 SEFDTFCH ('L',.,nnncJ cn...t", hn tl(llnl'l., t1J-~ Delray Youth Vocational Charter School Operational r"pen,e,¡ rnnchn1l'nt !\Ctl\'1tIl'S 115-2126-521-83.01 DEFY (25 1\t-ll,k Ynuth from tMget an'a) $1250- transportation, SlAOO- meal,_ 5730- ul1lfonll', <;"GO field tnps, 5750 ,uppltt's 115-2126-521-83.01 Safe Havens- Parks & Recreation Dept, Out of School Program Operahonall-'pP'1'ð/ I nnchmpnt i\chvlhe' 115-2126-521-31.90 Safe Havens- Parks & RecreatIOn Dept. Out of School Program !'n'Vl'nhon th ()ugh tlw !\lh- SpeCl,,1 J I11ph,,,,, !'roJPcl 115-2126-521-31.90 1 @ $6,SOO 1 @$1,OOO $6,500 $1,000 $2,000 $350 x 2 Food/ refreshements $4x25 youth x 5 $12ea X 25 youth $4x25 youthx 5 activities $100/ month x 12 $500/ quarter $75000 $75000 $500.00 $3000 $1500 $40.00 $1500 $2,000 $1,200 $2,000 $1,080 x 12 months approx $4883/month 52,SOO x 12 months <'1,'1:\:n x 12 months 25 vouth" 5200 ea 54,700/ "te x' $12,%0 $5,862 $33,600 $16,000 Jf $5,000 -y 514,100 ii $1,900 576,462 51,000 x 12 months 550050 x 4 Installs/ removal $0 -r ~J ifC(s,OI ., ~ ~ ,;2., ~ Q.~ I Jr0T AL: Core Weed & Seed Law Enforcement-Weeding Seeding Special Emphasis: Seeding Special Emphasis: Law Enforcement TOTAL: Special Emphasis Total: WEEDING TOTAL SEEDING TOTAL $225,OOO~ 56,638 77,400 40,962 3<;,500 14,500 225,000 SO,OOO 91,900 76,462 Message Page 1 of 1 L'Herrou, Sharon From: Young, MaryAnn Sent: Wednesday, December 15, 200412:09 PM To: L'Herrou, Sharon Subject: 2004 Weed and Seed Grant Account Number and Project # Good Morning Sharon, The expenditure account number for the 2004 Weed and Seed Grant is 115-2126-521 and 572-various. The project number is Q40199. The budget transfer is in route for signature authorization. Mary Ann Finance P.S Since your salary expenditure account code will change from 115-2125 to 115-2126, a "Payroll Change of Status Form" will have to be completed as soon as possible with an effective date so your salary will be charged to the 2004 Weed and Grant account code 115-2126-521-12.10. Check with Dolores (Police Payroll). Have a good day. 3/4/2005 Date: 3/04/05 AGENDA ITEM NUMBER: <3G " ~ AGENDA REOUEST Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: March 15.2005 Description of agenda item (who, what, where, how much): Sharon L'Herr agreements: a roval of the followin 1. Between the City of Delray Beach! Weed & Seed Project and Delray Youth Vocational Charter School which authorizes payment of $16.000 toward classroom furniture. instructional supplies. and! or audio-visual equipment in order to enhance implementation of the Delray Youth Vocational Charter School training and curnculum. retroactively effective Jan. 1.2005 - August 31. 2005. 2. Between the Cit;y of Delray Beach/ Weed & Seed Project and c.L.A.S.S. of Palm Beach Count;y which authorizes payment of $5.862 to c.L.A.S.S. to fund teachers and stipends for youth counselors for their after-school and summer programs for youth in the Weed & Seed target area from March 15.2005- August 31. 2005. These contracts are an approved use of grant funding through the Weed & Seed project. Services have been budgeted for and approved by the Community Capacity Development Office / DOT. - t9- Department Hea Signature: City Attorney Review/Recommendation (if see signatures on agreements BUdget~i ector R~vJ9v (required on all items involving expenditure of funds): Vð1 ~ It! aÞS( ".l-¡'a/ () 5 ding Available: Yes / No Initials: ccount N~er: 115-2126-521-83.01 ^d I If Description _LI!'. I~ r,}~ 4 5., '- [,I1lf4 4-ior¡ ~ Account Bala ce:' 126.862 Funding Alternatives: N / A (if applicable) City Manager Review: Approved for Agenda: @/ No Inicials:A- Hold Until: Agenda Coordinator Review: Received: [IT ,~ DEL U ~:j E. ["'~~ t "Jr, FIRE-RESCUE DEPARTMENT 61<, ~ '~:C:':;\:"J~' :::;:, '-:AV 8r.::,\r:h . ""j_F ST;:;EA,iv1 . HiGHLAND BEACH DELRAY BEACH f lOll: I D ^ .... All-America City " III!M EMO RAN DUM 1993 TO: David T. Harden, City Manager 2001 THRU: FROM: DATE: SUBJECT: Kerry B. Koen, Fire Chief () ~ Robert B. Moreland, Division Chief - EMS ~ March 10, 2005 Emergency Medical Services - Non Matching Grant Delray Beach Fire-Rescue has applied for a "change request" for the annual, non-matching grant from Palm Beach County, Department of Emergency Medical Services for an ALS Training system and an Automated Cardiac Compression system for our EMS Division. The first part of the project consists of the MegaCode Kelly VitalSim manikin and peripheral components. The system will allow realistic training in advanced airway management, IV therapy, defibrillation, transcutaneous pacing and drug administration. The system is manufactured by Laerdal Medical Corporation. The second part of the project is the purchase of the "AutoPulse Resuscitation System" manufactured by Zoll Medical Corporation. This is an automated CPR device that increases the effectiveness of chest compressions by some 200% over manual chest compressions. The total cost requested for this project is: $ 26,015.23. In order to proceed with the grant application process, a Resolution of the City Commission is required indicating their support of the application. A similar Resolution will be sought from the Town of Gulf Stream and the Town of Highland Beach as our application will be made in the name and interest of all three communities. A draft Resolution is attached, and I request that this item be placed on the next regular City Commission agenda as a consent item. Attachments: 1 FIRE-RESCI'E nr;:'-/'f-r~'!:,:r:;- '-'i':;'<~Qllt.rFERS. 5j1 WEST ATLAf\, TICAVENUE' DEL RAY BEACH, FLORIDA 33444-2555 [.--ç.:-< ~4:1-74CO ¡. FAX ;:561 J 24...: 74G1 ._-, , > \.; ì" :-~":- cvc:ca P~Df~ ~t\ RESOLUTION NO. \'5-0"5 A RESOLUTION OF 1HE CITY COMMISSION OF mE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM TIffi PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2004/2005. WHEREAS, the Dekay Beach Fire-Rescue Department represents the emergency medical services interests of the City of Delray Beach; and WHEREAS, the Dekay Beach Fire-Rescue Department is requesting funding for FY 2004/2005 through the Palm Beach County Emergency Medical Services Grant Award program for the purchase of an Advanced Life Support Training Manikin and an AutoPulse Resuscitation System for the EMS Division. WHEREAS, the City ofDe1ray Beach Fire-Rescue Department is eligible to receive funds collected by the Office of Emergency Medical Services pursuant to Chapter 401.113, Horida Statutes; and WHEREAS, the equipment to be purchased with these funds will enhance the City's overall emergency medical services operation and improve the delivery and level of emergency medical care provided to the citizens of and visitors to the City of Dekay Beach and the entire Fire-Rescue service area. NOW, TIIEREFORE, BE IT RESOLVED BY 1HE CITY COMMISSION OF TIlE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor of the City of Dekay Beach is hereby authorized to execute all documents which are necessary to complete the request for funds from the Palm Beach County Emergency Medical Services Grant Award program. PASSED AND ADOPTED in regular session on this the _ day of March, 2005. MAYOR A1TEST: City Clerk Department of Public Safety Division of Emergency Management Office of Emergency Medical Services 20 South Military Trail West Palm Beach, FL 33415 (561) 712-6400 FAX (561) 712-6449 wwwpbcgovcom . Palm Beach County Board of County Commissioners lbny Masilotti, 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 March 1, 2005 EMS Div. Chief Robert Moreland III City of Delray Beach Fire-Rescue Department 501 West Atlantic Avenue Delray Beach, FL 33444 Dear Chief Moreland: RE: EMS Grant C4050 Enclosed please find a copy of your EMS County Grant Program Change Request which has been signed by State February 18, 2005. If we can be of any further assistance, please call us at 712-6480. Sincerely, wlffli/t¡{¡¡;;~, Director Division of Emergency Management Ene. Department of Health EMS County Grant Program Change Request Delra.y Beach Fire-Rescue Department Name of Grantee C4050 Grant No. UDGET LINE ITEM Replace Zoll M Series Defibrillator with Revivant AutoPulse Resuscitation System Replace NovaMetrix Tidal Wave 610B, Aut9, Vent 3000 2.0, and MrP Miniature Infusion Pump and case with MegaCodeKelly Manikin - Vi talSim Advanced and accessories ' CHANGE FROM $19,997.49 1,823.99 2,046.59 2,424.38 $6,294.96 CHANGE TO Manikin- 6,300.00 Options- 2,349.23 TOTAL $ $26,292.45 $ $26,015.23 Uustification for Budget or Activity Change: use an additional page if needed. The request for additional staffi~ that is needed to accomplish the ALS upgrade to the City's sou them fire suppression unit (Engine 3) was not funded this year by the City Manager through 'the operating budget. Unfortunately, as a result, we will not be able to accomplish the ALS upgrade project that was awarded to The City of Delray Beach by the EMS Grant Review Coomittee at this time. However, the issue remains open for future action and consideration. I am res~tfully subnitting a project change request. In brtef, the new project will improve Cardiac Arrest survival to the citizens and visitors -in Delray Beach and enhance our EMS training for Fire-Rescue staff. Attached are the project change request forms and quotes outlining the alternative projects. rrhis change shall begin and take effect on: I I Month Day Year '2 -2..- ~ Date For use only by Department of Health Bureau of Emergency Medical Services Approval Yes ~- D Change No: I Qr EMS Grant Manager 8 91;(6' Date I \ ' '" '.. "1f Department of PubHc Safety Division of Emergency Management ffice of Emergency Medical Services 20 South Military Trail West Palm Beach, FL 33415 (561) 712-6400 FAX: (561) 712-6449 www.pbcgov.com . Palm Beach County Board of County Commissionen 1bny Masilotti. Chairman Addie L. Greene, Vice Chairperson I<aren 1: Marcus Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson County Mminlstøtor Robert Weisman -An Equal Opportunity A.IJfrm4tivt! &tion Employer' rr. February 10, 2005 Robert B. Moreland III, Division Chief Emergency Medical Services City of Delray Beach Fire-Rescue Dept. 501 West Atlantic Avenue Delray Beach, FL 33444-2555 Dear Chief Moreland: Re: Grant C4050 We are in receipt of your letter advising that the City of Delray Beach will not be able to utilize the ALS upgrade project monies that were awarded to them by the EMS Grant Review Committee because the City of Dekay Beach was not able to fund the additional staffing needed to accomplish this. We have also received YoW" change request to utilize these funds to purchase an Auto Pulse System, Manikin, and recommended accessories. These items do not total more than the amount Dekay Beach Fire Rescue was awarded. Our Office approves this change as it will improve Cardiac Arrest survival to the citizens and visitòrs in Delray Beach and enhance your EMS training for Fire-Rescue staff. Weare sending this request to the State EMS Office for their signature. Once this is returned, we will send you a copy for your files. Sincerely, ~~~1JÙecIor Division of Emergency Management WFO:fd Encs. PROJECT I PRIORITY 1: AutoPulse Resuscitation System Manual compressions are currently applied to all patients in need of CPR. Manual compressions produce poor blood flow and a low possibility of resuscitation. Manual compressions produce only 30-40% of blood flow to the brain and 10-20% of blood flow to the myocardial tissues. (Kern, Bailliere's Clinical Anaesthesiology 14(3): 591-609) Use of an automated chest compression device to supplant manual compressions has shown to improve blood flow to normal levels and increase myocardial blood flow by 277%. Aortic pressures are 30% higher with an automated chest compression device and coronary profusion pressure improved by 33%. Studies have shown that patients that have been pulseless for more than 3 minutes need at least one minute of good CPR before defibrillation to enhance resuscitation effectiveness. (Cobb,L. et aI, JAM Med Assoc 281(13): 1182-1188) Automated chest compression devices are needed on strategic response units that respond to cardiac arrests to increase resuscitation success rates. Presently all cardiac arrest patients are handled by an ALS transporting unit that is backed up by a supervisor unit, and/or an engine company. An extra firefighter is placed on the ALS transport unit to provide manual compressions en route, downing one additional response unit until the call is over and the firefighter can be returned to its unit. Manual compressions are performed by the personnel standing in the back of the unit traveling through traffic. It is also difficult to properly perform adequate CPR in a moving ambulance. Studies have shown that rescuer compressions degrade after only one minute. (Ochea F.J., et al. The effect of rescuer fatigue on the quality of chest compressions. Resuscitation. 1998;37: 149-152) This provides inconsistent compressions and inadequate patient blood flow. In addition, it increases the chances of injury to the firefighter as fatigue worsens. The automated chest compression device would eliminate both of these problems. In addition, with limited personnel it is difficult to perform all initial tasks on scene that are required for successful resuscitation. An automated chest compression device frees up personnel on scene to intubate, start IV's, administer drugs, defibrillate, package, and perform other necessary functions required by the American Heart Association (AHA) protocols for cardiac arrest. The automated chest compression device provides the patient with the best available chance for survival due to consistent depth and rates of compression even while the patient is being transported or carried down stairs. The automated chest compression device would also circulate drugs faster and more completely, improving the chances of inducing a rhythm that can be defibrillated. In addition, restoring blood flow to normal levels will help the medic to establish an intravenous line due to the inflation of the veins making it easier for the medic to find a vein to start the line and administer life saving drugs according to AHA standards. Finally, automated chest compression devices reduce patient rib fractures and cartilage damage compared to manual compression during CPR, thus improvíng the healing time for the post resuscitation patient. Project Outcome Statement: To provide the availability of an automated chest compression device to each cardiac arrest victim in Delray Beach, the Towns of Highland Beach and Gulfstream and automatic aid response areas to improve cardiac arrest resuscitation successes. This will be accomplished by placing the AutoPulse Resuscitation System on the Paramedic Supervisors response vehicle. Our system requires that unit to be dispatched on all cardiac arrest cases. According to the Delray Beach Fire-Rescue EMS reporting system, in CY20Q4, DBFR responded to 52 reported cardiac arrests. However, more arrests were experienced, but were reported as other outcomes, i.e. "death" if field termination procedures were implemented subsequent to unsuccessful resuscitation attempts. Performance will be measured by the EMS reporting system and the computer assisted dispatch system, which provides data on cardiac arrests and ALS assessments and interventions as well as the number of deployments. Cardiac survival rates win be compared to existing data to ascertain improvements in cardiac arrest resuscitation successes. Project I Priority: 2 MegaCode Kelly VitalSim Advanced Complete The Delray Beach Fire-Rescue Department's service area is 18.1 square miles, including Delray Beach, and the Towns of Gulfstream and Highland Beach. According to the 2000 Census Report, the population for our primary service area is 64,511, with 36 % of the population over the age of 55. The data analysis for Emergency Medical responses for fiscal year 2003 shows that 8,649 (82%) of the responses were medical related, while the remainder were for a wide variety of situations ranging from fires to hazardous material incidents. Most of the medical responses, 74% of the total call volume, were classified as Medical Emergencies. This classification represents calls for cardiac related problems, respiratory difficulties, strokes, motor vehicle accidents and other emergencies where both the fire and rescue apparatus are needed to handle the incident Minor Medical calls such as small cuts, short falls and other situations where the public needs assistance accounted for 8% of the call volume. With the rapidly increasing population and increase in medical responses we find that training opportunities, particularly for advanced medical skills and interventions, are difficult to achieve outside of the clinical setting. Our "Standard of Care" is to provide primary ALS assessments to all patients, including evaluations of the airway, respiratory, and circulatory systems. The Fire-Rescue Department has a performance goal to provide 20 hours of training to each employee every month. This equals 28,080 hours for the 117 people in the Operations Division. According to the Training and Safety Division of the Delray Beach Fire-Rescue Department, personnel assigned to the Operations Division participated in 29,027 hours of training during fiscal year 2002-03. This represents about 250 training hours for each employee or 10% of their working hours that are devoted to training. Delray Beach Fire-Rescue Department is requesting funding to purchase the MegaCode Kelly VitalSim Advanced. The purchase and implementation of this ALS training manikin would allow for the maximum training potential for this 10% time allotment. The MegaCode Kelly VitalSim Advanced by laerdal Corporation is an ALS Training system that incorporates a full body manikin durable enough for advanced field exercises. The skills that can be reproduced and tested include, but are not limited to: intubation (oral and nasal) with obstructed airway, oro/nasopharyngeal airway insertion, retrograde intubation, fiberoptic and lightwand intubation, needle and surgical cricothyrotomy. stomach auscultation, chest decompression (mid-clavicular and mid-axillary), articulating blood pressure training arm, palpable bilateral carotid pulse, and multi-venous IV training arm. In addition, skills such as cardiac monitoring, defibrillation, cardioversion, CPR, auscultation of an assortment of adventitious lung sounds, as well as heart sounds, are available. This training manikin is reusable and durable enough to be placed in training situations outside of a training laboratory including an extrication scenario, for example. Project Outcome Statement: It is our intention to closely monitor the frequency of use and training hours of the MegaCode Kelly VitalSim Advanced via training and quality assurance records over the next twenty four (24) months. This monitoring will consist of number of intubation attempts, successful intubations, unsuccessful intubations, and the number of espophageal intubations. These focused studies will be compared to previous intubation attempts, successes, and failures. Based on historical cat! volume increases, it is projected that the number of patients1equiring Advanced life Support interventions will increase over the next twelve month period. The inclusion of the MegaCode Kelly VitalSim Advanced Training System will improve overall patient outcomes by providing simulated, yet realistic. Additionally, use of this system will enhance the level of confidence of the paramedic with regard to proper intubation techniques, dysrhythmia interpretation, drug administration, and electrical therapy. to name a few. The Departmenfs Medical Director will have direct input into this equipment purchase, training. anq Quality Assurance regarding this project. The Quality Management Team and Medical Director, through training records and medical record review, will monitor the program to ensure rapid assessment and appropriate and successful interventions are being accomplished. 2.ð<Å (s ScAlZo. $ou\j'(.e. ~("&"~'<II' ZOLL ZOLL Medical Corporation Wcrfdwlde Headquarters 269 MiH Road Chelmsford. Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Telefax QUOTATION TO: City of Delray Beach Fire Department 501 West Atlantic Avenue Delray Beach, FL 33444 Attn: Robert Moreland DMsion Chief DATE: February 1, 2005 TERMS: Net 30 Days FOB: Shipping Point -_...- ClTV: .! u;'¡;:"H:rc:1:. OISC .DNI(:E"·i·u¡' \I~·pÑi¿i.: ... ..J ITFM ¡ M~r.FL NUMBI!R . OFSCRIPTlgN i 1 8700-0700-01 AutoPulse System Generates consistent and optimal chest 1 $10,995.00 $10,995.00 $10,995.00 compressions, offering the promise of nannal blood flow during cardiac arrest.. Includes Backboard, User Guide. Quick Reference Guide, Shoulder Restraints, Backboard Cable Ties, Head Immobtlizer, Grip strips, In-Service Training DVD and one year warranty. 2 8700-0702-01 AutoPulse Battery Original equipment Nickel-metal 3 $575.00 $575.00 $1,725.00 Hydride (NiMH) battery for use with the AutoPulse Platform. Includes one year warranty. 3 8700-0703-01 AutoPulse Battery Charger, U.S. Charges and conditions 1 $1,795.00 $1,795.00 $1,795.00 up to two batteries and auton1atlcally assesses battery charge level. Includes User Guide, U.S. power cord, and one year warranty. 4 8700-0706-01 LifeBand 3 Pack Slngle-use chest compression bane/. 1 $375.00 $375.00 $375.00 (3 per package) 5 8778-0799 AutoPulse Platfonn. 2 Year Extended Warranty 1 $2,081.00 $2,081.00 $2,081.00 Extended warranty for 2 years beyond the initial warranty period on Autopulse System; includes 1 preventative maintenance per year. 6 8700-0705-01 AutoPutse Soft Carry Case Soft-slded carrying case holds 1 $395.00 $395.00 $395.00 AutoPulse Platfonn. spare battery, spare Life Band and Shoulder Restraints. - WE PROPOsE TO FURNISH THE ITEMS LISTED ABOVE, SUBJECT TO CONDITIONS SET FORTH ON TOTAL THE REVERSE SIDE HEREOF, AND THE WRITTEN ACCEPTANCE OF THIS QUOTATION. $17,366.00 1. DELIVERY WILL BE MADE 60-90 DA.YS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES WILL BE F.O.B. SHIPPING POINT. 3. WARRANlY PERIOD (See above and reverse side). 4. PRICES QUOTED ARE FIRM FOR 60 DAYS. 5. APPLICABLE TAX & FREIGKT CHARGES ADDmONAL. 6. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAl BEFORE ACCEPTANCE BY ZOLlo 7. PURCHASE ORDERS TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978-421-0015. Kevjn Junglel Territory Manager 800-242-9150,x9576 ~ Laerdar heIpng seNe lives m~ if- , T~~: 1 '- QUOTE TO: city of Defray Beach Fire Rescue 501 West Atlantic Avenue Delray Beach. Florida 33444 DATE: 1/3112005 CONTACT: Rob Moreland PHONE: FAX: email 561 243-7440 561 243-7461 DI01'C! and@cl dclrav-bcaclt.:ð.1I8 ACCOUNT: Shipping and Handling based on weight Price Extended Price $ 7,495.00 $ 75.00 $ 30.00 TOTAL $ 7,600.00 Quoted by: Mike Palmer Laerdal Medical Corporation 800 648-1851 ext.2304 Cellular: 561 445-2134 Delivery: 30 Days ARO or Less Shipping: Terms: Federall.D. ¡ 13-2587752 Quote Exp. 30 Days Quote No. *The above prices do not include sales tax. Where applicable sales tax will be added to your order Thank you for your interest in Laerdal products. To submit this Quotation as an order: Please call Mike Palmer at 800 648-1851 ext. 2304 or fax to 561 439-6900 P.O.'" Signature Date Q~ :ta '2- . T~~ 0fÇ+) - " ,.'r_ . . . .. ~ ~ ... ." .' . Intemalionel Supplier of Emergency Medical EquIpment o,.. '. Lisa Quinn Quote Prepared for 954-683-8990 Delray Beach Fire Rescue qmed@bellsouth.net Chief Rob Moreland Item # LA20o-00001 LA2QO-OOOO1 LA275-00250 LA38-15-00 LA38-15-00 LA38-11-05 LA200-00250 LA31·20-29 LA300-00650 Description Quantity Unit Price MegaCodeKelly VitalSim Advanced Complete· $6,300.00 *Complete package includes: ? MegaCodeKel1y Manikin, VJtalSim Simulator with Remote Control, A,.. 6 Neck Skins, 1 Roll CriCOthyroid Membrane Tape, I set of ~ Defibrillation Posts, Manikin Lubricant, Jacket, Pants. Cany Case Directions for Use Accessories (Recommended/Optional) MegaCodeKelly Vital8im Advanced External Jugular Module MegaCode Trauma Module Set Bleeding Trauma Module Set Neck Skins (6/pkg) Cricothyroid Membrane Tape (1 roll) Replacement Skin & Vein System Manikin Lubricant $80.50 $1,255.75 $762.25 $96.99 $15.74 $127.30 $10.70 Thank you for the opportunity to quote! Li~ Quinn District Sales Manager Southeastern Emergency Equipment 954-683-8990 amed@bellsouth.net œEC NÉws 12 - The 1-2 Turn To ... -þ- - --- Home Page lews Top Stories Headlines J- Team Special Reports Links and Numbers Meet The Crew Uve Traffic and Cameras /\leather DOPPLER 12000 NEWS 12 NOW Personal Forecast Weather Watchers :trogramming Vllhafs On? CBS Shows South Florida Business Report HOW Broadcasts l\bout NEWS12 Contact Us Advertise with Us Interactive Sales Job Listings Station Info Community Events Crlmestoppers Consumer Rights Unks High-Tech Lifesaver Written By: ~.fY. Evans December 1, 2004 - 10:53PM Paramedics say cardiac arrest victims have only about a 5 percent chance "of survival. But a new machine is increasing your odds. The new AutoPulse CPR machine is under trial by the Martin County fire and Rescue district and already the machine is attributed to saving a Palm City woman's life. The machine frees up manpower, allowing only one paramedic to operate the machine and ventilor. The compressions issued are fuff-body, and cause less wear and tear on your ribs. The machine is also human-error-proof and can keep giving CPR for 45 minutes non-stop, a task no human could master. The compressions also increase blood flow more than 5 times what a person giving CPR could ever do, and that increases your chances for survival. The Auto Pulse costs 15-thousand dollars each. Right now only 400 exist nationwide. But every station says they will work with the budget and firefighter's union to get a machine in every rescue vehicle. -;.. ~,..:'-.:;"- -'- ~.'~".~ ;j'.---- ~~. NEWS NOW DOPPLER SeIKIItd~ In 'ibur ~ ThIIII+ra ~ApptØNIf An4GDa..h t... \WI' 1i"~ Cick Here PAl..M AF.AC.H & ~~~T ....~0uInnMd v BødI¡Jmund~ y' ~ - -~..... :-;ç lê ' ;" ~ ¡-:,ic;;l~ _:J.!.l.J _ -':'_ .J.~,~tt~C '~\1ïj1l1~~ .'"'¡....c~t>t. '. ,.'; '~I!~~í" '._.'___;:...__ I . L., J&:Æ~'j]l;~¡Hl: ell Copyright ©2004 Freedom BroadcáStlng of Florida Click here for our Prt~l~ WPEC NEWS 12 1100 Fairfield Drive West Palm Beach, FL 33407 http://www.wpecnewsI2.com/engine.pl?station=wpec&id=12527 &template=breakouttopstory .html 1212/2~ Date: March 9,2005 AGENDA ITEM NUMBER: 81\ AGENDA REOUEST Request to be placed on: _X_ Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: 3/15/2005 Description of agenda item (who, what, where, how much): Request the City Commission to authorize a Resolution requesting program modification funding in the amount of $26,015.23 for FY 2004-05 through the Palm Beach County Emergency Medical Serv1ces Non-Matching Grant Award Program to allow the Fire-Rescue Department to purchase a Mega Code Simulation Manikm, and an "AutoPulse Resuscitation System; and authorize acceptance of grant fundmg for the purposes stated. Third, City Commission approval is being requested to award the contract to Zoll Medical Corporation (sole source vendor) to purchase the AutoPulse Resuscitation System in the amount of $17,366.00; and, Southeastern Emergency Equipment in the amount of $8,649.23 to purchase the Mega Code Kelly Manikin. Department Head Signature: ~~~ .~~'--- City Attorney Review/Recommendation (if applicable): Reviewed/Acceptable Budget Director Review (required on all items involving expenditure of funds): ì/~'t~tù~ D~/o'ì/05 F{fudmg Available: Yes / No Initials: _N / A Account Number f)D 1- ~31 ~ -5;((" ¿ A./ - q 0 Description Å. :td. ~'.LL--"J..c.-¡J - f)~. y)'\~ . ~~Jn1o . Account Balance: tl.2.L., () f Z. S>d». Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:@/ No IrutialS:~ Hold Unt1l: Agenda Coordinator Review: Received: cr< lP1 CITY COMMISSION DOCUMENTATION: D~H~ CITY MANAGER THRU: ÀUL DORb~I~~RECTOR OF PLANNING & ZONING -~ FROM: SCOTT ARONSON, ARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF MARCH 15,2005 - REGULAR AGENDA APPROVE DASHBOARD PASSES AND AGREEMENT BETWEEN THE CITY AND CAFFE LUNA ROSA TO PERMITTING THE USE OF PARKING SPACES IN THE SANDOWAY, INGRAHAM AND GLEASON STREET LOTS TO: BACKGROUND AND ANALYSIS: At the meeting of March 1, 2005 the City Commission approved, In concept, a request from Caffe Luna Rosa to use parking spaces In the Sandoway, Ingraham and Gleason Street Parking Lots. The approval was contingent upon Staff bringing forward a license agreement and sample of the dashboard pass for approval Summarized below and attached for your review is the license agreement and sample of the pass. ~ The agreement is for a total of 40 spaces with a maximum of nine (9) spaces in both the Ingraham and Gleason Lots and the remaining 22 spaces In Sandoway Lot. When the Gleason Lot is utilized by the Church the nine (9) spaces will be accommodated in the Sandoway Lot; ~ A charge of $30.00 per space per month totaling $1,200.00 will be assessed; ~ Spaces are available on a first come first serve basis in all lots. No spaces are to be reserved or blocked in any fashion or under any circumstances in any of the lots. Dashboard passes will be issued to Identify vehicles parked by the Valet; ~ All authorized vehicles must display a dashboard pass Issued by the City No substitute passes may be created by the valet or restaurant. Missing or misplaced passes will reduce the number of spaces available until they are replaced by the City. ~ The Valet shall provide insurance, as outlined in Exhibit B, naming both the City and First Presbyterian Church as additional insured. With regard to the dashboard passes Staff felt the most effective method of creating a counterfeit resistant pass was to use a distinguishable stock paper and a lesser used yet legible font. Passes would then be laminated and have the City Clerk emboss the passes with the City Seal. RECOMMENDED ACTION: By motion, approve the Public Parking Lot License Agreement between the City and Caffe Luna Rosa for the use of 40 parking spaces in the Sandoway (22 spaces), Ingraham (9 spaces) and Gleason Street Lots (9 spaces) and associated dashboard passes to be issued. Attached: · Agreement · Sample Dashboard Pass 3I CITY OF DELRAY BEACH, FLORIDA ,V":L-:BT ..... GLEASON STREET LOT &. SAN DO\ÍA Ý LOT (VALID IN SANDOWAY ONLY WHEN GLEASON LOT UNAVAILABLE) Please DO NOT Ticket 002 - ~ - -- . -- - --~_.- ~ ~ -- .~- -- - - '\ DELRAY BEACH tI8:d AHmèrfcaCltr , IIII! 1993 2001 - -- --- PUBLIC PARKING LOT LICENSE AGREEMENT THIS AGREEMENT ("The Agreement") is made this day of , 2005, by and between the CITY OF DELRA Y BEACH, a Florida municipal corporation (the "CITY"), and CAFFÉ LUNA ROSA, a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces for valet parking; and WHEREAS, LICENSEE has executed a separate Parking License Agreement regarding his use of a valet queue to stage cars and the Valet Agreement is attached hereto as Exhibit «A" and referenced herein; and WHEREAS, the Valet Agreement attached as Exhibit "A" shall remain effective except as modified herein; and WHEREAS, the public has the right to use the public parking spaces pursuant to agreements between the CITY and Palm Beach County, DEP and the Army Corps of Engineers, however, this Agreement shall allow LICENSEE to utilize the public parking spaces on a first come, first serve basis, during the hours provided herein; the only differences being the method of payment; and WHEREAS, in order to use the parking spaces referenced herein, the CITY requires that LICENSEE enter into this non-exclusive Public Parking Lot License Agreement. 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 in this Agreement. 2. Parkin2. The CITY agrees to allow LICENSEE the non-exclusive use of forty (40) parking spaces in the event that LICENSEE'S regular parking spaces in the Andrews lot are full. LICENSEE'S and the general public's use of the public parking spaces shall be on a first come, first serve basis. THE SPACES CANNOT BE RESERVED OR BLOCKED IN ANY MANNER. LICENSEE shall use no more than nine (9) parking spaces at the Ingraham lot, nine (9) parking spaces at the Gleason Street lot and twenty-two (22) parking spaces at the Sandoway lot. The parking spaces in the Ingraham and Sandoway lots subject to the terins and limitations set forth herein are to be used for valet parking by LICENSEE daily between the hours of 11 :00 a.m. to 5:00 p.m. Monday through Sunday, seven (7) days per week. Cars parked before 5:00 p.m. at the Ingraham and Sandoway lots must be removed before the 8:00 p.m. lot closing time. The parking spaces in the Gleason Street lot are to be used for valet parking by LICENSEE daily between the hours of 11 :00 a.m. to 9:00 p.m. Monday through Saturday and Sundays between the hours of 2:00 p.m. and 9:00 p.m., excluding holidays "(Christmas Eve, Christmas Day, Maundy Thursday, Good Friday and Easter), and special events (funerals, weddings, fundraisers, etc.). LICENSEE'S use of the Gleason Street lot shall be subject to the lease terms between the CITY and First Presbyterian Church. LICENSEE must close the gate at the Gleason Street lot no later than 9:00 p.m. Monday through Sunday. The City Manager or his designee(s), shall enforce the provisions of this agreement, including the location, time, parking limitations and requirements, and compliance with all applicable laws and ordinances. When required by law, the enforcement shall be accomplished through personnel authorized by law to enforce the law. 3. Waivers. CITY agrees to waive paragraphs 3 and 14 of LICENSEE'S Parking License Agreement attached as Exhibit "A" to the extent that the CITY is hereby allowing LICENSEE to utilize the public parking lots referenced herein. The CITY reserves the right to enforce those provisions, however, if LICENSEE uses more than nine (9) parking spaces in the Ingraham or Gleason Street lots and/or more than twenty-two (22) parking spaces in the Sandoway lot or if LICENSEE uses any other public spaces. LICENSEE may be permitted to 2 use an additional nine (9) spaces in Sandoway lot only if the Gleason Street lot is closed for a holiday, special church event and/or on Sundays between the hours of 11 :00 a.m. and 2:00 p.m. 4. Payment for Parkin1! Spaces. LICENSEE agrees to pay the CITY Thirty dollars ($30.00) per month, per parking space by the 10th of each month whether the spaces are actually used by LICENSEE or LICENSEE'S valet or not. A late fee of 5% will be charged after this date. 5. Si1!na1!e. The CITY agrees to provide the dashboard passes for LICENSEE'S valet to place inside the vehicles parked in the public parking lots. LICENSEE forfeits the use of any spaces due to lost or misplaced passes. LICENSEE is responsible to notify the CITY of any pass(es) lost or misplaced. LICENSEE or their agent, may not, under any circumstances, create replacement passes. Misplaced passes will be replaced by the CITY on the following business day. 6. Term and Renewal. The term of this Agreement shall be for one (1) year from the date written above. The License may be renewed by the City Manager following receipt of a written notice from LICENSEE that LICENSEE desires to continue using the public parking spaces, if the City Manager determines, in his sole discretion, that the renewal is in the best interest of the CITY. The CITY has agreements with Palm Beach County, DEP, the Army Corps of Engineers and First Presbyterian Church for the use of the Ingraham, Sandoway and Gleason Street lots. This Agreement shall be void if it is determined that any provision of this Agreement is found to be in violation of either of those agreements. 7. Revocable License. This Agreement is only a non-exclusive License Agreement and may be revoked by the CITY at anytime with or without cause during the initial term or any renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation shall be effective within forty-eight hours of mailing date. 8. Compliance with Laws. LICENSEE and his/her employees, agents, representatives and/or subcontractors agree to comply and adhere to all state laws and local ordinances regarding traffic and parking that exist or as amended from time to time. . 3 9. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David T. Harden, City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 To LICENSEE: Fran Marincola 36 S. Ocean Blvd. Delray Beach, FL 33483 10. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold hannless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Tenn of this Agreement for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces by reason or as a result of the use and occupancy of the parking spaces by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY hannless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 11. Insurance. LICENSEE agrees to provide the CITY insurance for the use of the public parking lots. The insurance shall be in the amounts and under the conditions prescribed in Exhibit "B" and the City of Delray Beach and First Presbyterian Church shall be named as additional insureds. 12. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and 4 permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 13. LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may terminate this non-exclusive License Agreement without cause or for cause and that this Agreement shall be void if it is determined that any provision herein is in violation of the CITY'S separate agreements with either Palm Beach County, DEP, the Army Corps of Engineers or First Presbyterian Church. LICENSEE will at all times comply with the CITY'S policy/procedure for use of public parking spaces to the extent that LICENSEE shall park no more than forty (40) cars in the public parking lots and SHALL NOT CONE OFF OR RESERVE THOSE SPACES IN ANY FASHION. 14. Assi2nment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, which the CITY may grant or withhold in its sole discretion. 15. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 16. Bindin2 Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 17. Entire Å2reement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 18. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalfthis _ day of ,2005. ATTEST: THE CITY OF DELRA Y BEACH, a Florida Municipal Corporation By: City Clerk David T. Harden City Manager Approved as to fonn: City Attorney By: (CORPORATE SEAL) STATE OF 7~ COUNTYOF.rC¿ÆPd> , E The foregoing instrument was acknowledged before me this / O~ day of Ifl~, 2005, by -r rA Y'I VL.4 yo I ,,; co, 0-- , as 0 ~ VJ .e ....- (name of officer or agent, title of officer or agent), of C! o.-f .p ~ L u n .4'7 o.s 11 (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced ~ <í.) ~1 U'~ (type ofidentificalíon) as idenlíficatiolL GJ1~~~ 0- ¡/]LÁ Signature of Notary Public - State of "- Florida ¿þo~Y Pú OFRCIALNOTARY SEAL 0' ~~ DENiSéAVALEK [Jr.. ~ COMMISSION NUMBER ~ ~ Doo55026 ~ ~ MY COMMISSION EXPIRES OF f\.O SEPT 4,2005 6 EXHIBIT "A" PARKING LICENSE AGREEMENT THIS AGREEMENT ("The Agreement") is made this 1st day of April, 2004, by and between the CITY OF DELRA Y BEACH, a Florida Municipal Corporation (the "CITY"), and Caffe Luna Rosa Inc., a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and- WHEREAS, in order to use the- parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. 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: I. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Parkin2: Queues. The CITY agrees to allow LICENSEE the non-exclusive use of 4 (four) parking spaces on the westernmost end on the south side of Atlantic Avenue between Salina Avenue and Ocean Boulevard (State Road AlA) for valet parking queues. The parking spaces are to be used for valet parking queues daily between the hours of II :00 a.m. to 11:00 p.m. on Monday through Sunday (7 days per week). LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time (as detennined in the CITY's sole discretion) and during the special events, the license will not be valid. It is also understood by the tenns of this Agreement that the valet queue location may from time to time be re-located by the CITY in its sole discretion after providing thirty (30) days' written notice to LICENSEE. The LICENSEE and or the Valet shall not restrict the use of the Valet Queues to only persons using the LICENSEE'S business, but the valet queue shall be open to anyone wanting to use the valet service offered by LICENSEE. The City Manager or his designee(s), shall enforce the provisions of this agreement, including the location, time, days of the valet service, parking limitations and requirements, and compliance with all applicable laws and ordinances. When required by law, the enforcement shall be accomplished through personnel authorized by law to enforce the law. 3. Parkin1! Locations/A1!reements. LICENSEE agrees that LICENSEE will provide the CITY with current written assurances and/or a lease agreement for use of a private parking lot(s). The private lot(s) must also comply with minimum City codes for a parking lot(s). LICENSEE shall also provide the CITY with a copy of its current valet agreements, and a copy of its current insurance certificate as set forth in Exhibit A. LICENSEE will ensure that the valet service is operated in a manner that will not result in cars stacking on and/or blocking the travel ways of any alleyway, public street or parking lot. These assurances and agreements must be provided upon execution of this License Agreement., when there is a change in any agreement referred to herein or upon the request of the CITY. Failure to comply with these conditions will be a basis for tennination of this License Agreement. 4. Payment for Parkin1! Queue Spaces. LICENSEE agrees to pay the CITY Sixty dollars ($60.00) per month, per parking queue space utilized by the 10th of each month. A late fee of 5% will be charged after this date. If more than one License Agreement is issued for the queues, the fee will be shared proportionately. 5. Si1!na1!e. The CITY agrees to post the valet parking queue spaces with valet parking times and days authorized. Sandwich board signs may not be used to advertise the valet service. Advertising signs will be allowed as prescribed by the City's Manager or his designee. 6. Valet Service~ Valet Equipment. The LICENSEE'S operator may for the storage of keys install a moveable, temporary, valet desk on the sidewalk, either public or private, during the hours of valet service so long as the desk does not impede the pedestrian flow. 7. Term and Renewal. The tenn of this Agreement shall be for one year ITom the date written above. The License may be renewed by the City Manager following receipt of a written notice from LICENSEE that LICENSEE desires to continue using the parking spaces for valet parking queue, if the City Manager detennines in his sole discretion that the renewal is in the best interests of the CITY. The City Manager may add additional provisions to this agreement upon renewal, including but not limited to, the requirement to use an off-duty police officer during the time and dates the City Manager deems advisable. 2 8. Revocable License. This Agreement is only a non-exclusive License Agreement and may be revoked by the CITY at anytime with or without cause during the initial tenn or any renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation shall be effective when mailed. 9. Compliance with Laws. LICENSEE and hislher employees , agents, representatives and/or subcontractors agree to comply and adhere to all state laws and local ordinances regarding traffic and parking that exist or as amended from time to time. LICENSEE further acknowledges that due to the high traffic in this area, double parking unattended vehicles will not be pennitted. 10. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David T. Harden, City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 To LICENSEE: Mr. Fran Marincola Caffe Luna Rosa 36 S. Ocean Blvd. I Apt A-I Delray Beach, FL. 33483 11. Insurance. LICENSEE agrees to provide the CITY insurance for the valet service in the amounts and under the conditions prescribed in Exhibit A which shall at all times remain current. The City of Delray Beach shall be named an additional insured. 12. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold hannless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Tenn of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the 3 CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 13. Third Parties. Nothing III this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and pennitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liabilitY of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 14. Penalties for Violations/Termination. Penalties will be imposed upon the LICENSEE for: (1) Valet parking of cars in either on-street or off-street public parking spaces; and/or (2) Valet parking of cars in the designated parking queues; and/or (3) Expanding the designated parking queues area. The penalty schedule for the above violations is as follows: 1st violation - 2nd violation - 3rd violation - 4th violation - warmng $200 $500 Tennination of License Agreement Notices of violation will be written by a Police Department representative and will be sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty (30) days of receipt of the notice will result in tennination of the agreement. LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may terminate this non-exclusive License Agreement without cause or for cause. LICENSEE will at all times comply with the City's policy/procedure for use of public parking spaces/queues which shall change from time to time subject to the sole discretion of the City. 4 15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 16. Assil?;nment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, which the CITY may withhold grants in its sole discretion. 17. Further Assurances. The parties shall fÌom time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 18. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 19. Entire Al?;reement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 20. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this \ ~ day of -::s-~ , 200~ ATTEST: ~_R S). ~L ~~ity Clerk Approved as to form: ~~ /'r):t-.City Attorney THE CITY OF DELRAY BEACH, a Florida Municipal Corporation ¡// 5 (CORPORATE SEAL) è)'l0'\ STATE OF ~ COUNTY OF '~Oc, ~ The foreg?ing instrument was acknowledged before me thiat ~y of ,A/'^"h~ . - ~' J A ± t'~, 2001, by , as \Ct£(\ (name of officer or agent, title of officer or agent), orilit(? ~ ~~ (name of corporation acknowledging), a (state or place of incorporation) corporation, on bebalf of the corporatio~be ~ersonaI1Y. ~ or has produced (type of identification) as identification. ..'\~.~~~ KlMBER.Y"IHOMAS .. . MYCOMMISSK)N.D0281992 ... * EXPIRES: Febcual)' 4, 2008 "')"~CII' ~ Iondtd TIIrv Budget NoIIry SeNiceS 6 EXillBIT 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. Garage 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 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 pee occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIV ATE LOT OWNERS must be named as additional insured on the liability policies; and it 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. 7 EXHIBIT "B" INSURANCE REQillREMENTS 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. Garage Liability Insurance ()f at least $1,000,000 combined single limits per occurrel\ce 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 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 First Presbyterian Church 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. 7 2?k rP1 City of Delray Beach Administrative Services Memorandum TO: David T. Harden, City Manager SUBJECT ~ Amanda Solomon, Telecommunications Systems Manager ~obert A. Barcinski, Assistant City Manager Agenda Item City Commission Meeting March 15,2005 Approval Letter of Election BellSouth Megalink Service FROM: THRU. DATE: March 8th, 2005 ACTION: City Commission is requested to approve two (2) agreements with BellSouth to renew expired Megalink Circuits contracts at a new monthly rate. These contracts provide for four (4) Pt to Pt T-l's circUIts between Palm Beach County Radio Site located at 7800 Forest Hill Blvd., to the Police department located at 300 W. Atlantic Avenue. In addition it provides for one (1) Pt to Pt T-l circUIt between the Hardrives tower site located at 2101 S. Congress Avenue and the Police department at 300 W. Atlantic Avenue. The T-l's are reqUIred to support the 800 MHz radio system. Currently we are paying 53,260 a month or 539,120 annually for the 4 T-l's to Forest HIll, and $440 monthly or $5,280 annually for the T-I to the Hardrives site. New contract rates will be $1,835.15 monthly or $22,021.80 annually for the four (4) T-1's to the Forest Hill site, and $170 monthly or $2,040 annually for the T-l to the Hardrives site. ThIS is a combmed savings of $20,338.20 annually under a new 49 month contract. Funding is available in account number 001-2113-521-41.10. BACKGROUND: This servIce is reqUIred to provide interoperability between the Tri-City system and the Palm Beach County systems for publIc safety users and selected non-public safety users. The attached proposed contracts are for a period of 49 months. . RECOMMENDATION: Staff recommends approval of the two (2) proposed agreements with BellSouth in the amount of $24,061.80 annually with funding to come from account 001-2113-521-41.10. ags FIle Allen/Projects Doc· Renewal of Co nIT act fOf Megalmk ClfCUlts 2005 <3~ >- :E - c:: CII 0 ß ::E c:: :i 10 c:: Ø) .2 .e 1! ~ ¡;¡ ûi .5 J: (.) ca CÞ m ~ ca ... - CD C 'to- o ~ - .- >- :E 1: CII 0 ß ::E c:: :i ~ c:: .e .2 1! ~ Iii CII .5 >- :E - CII § ß ::E c:: :i co c:: ~ ,2 .e 1! ~ Iii CII .5 >- :E 1: ß 0 c:: ::E :i .e c:: ß .2 c:: 1! :i ¡;¡ - CII .5 u '" ~ = t:! 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'" ~ .9 £ .9 ~ ~ ~ 0) 1: "tJ ~ g, ~ ~ a.~1:5- ~ ~ Q) '" æ () §, ~ c3Q~r. o E e D.. .:.: ,5 ¡;¡ CI Q) ::E .. ã ûi T" .. o - Q) :is :~ jjj õ z c:: .2 ë. o Q;'''<': s:::: 1: .::¡ 0 ~ ::E ~ .s 'I:: .s:: tn 8::..ë...J o ¡5 r-.. ::E 0 ca : ~ o Q ,.:: cø at ... fI't o o d co I/') oñ fI't o o $ T" Ñ fI't o o d co I/') oñ fI't o o .n I/') C'I Ñ fI't o o d co I/') oñ fI't o "'" ,.:: ... o i. o o d co I/') oñ fI't I/') o .n m N fI't I/') ~ .... ..... ~ .... 4It '0 G) > ïi 3: I/') co M N CO) fI't I/') .... an CO') ~ .... 4It '0 G) > ïi 3: I/') N cö CO) CO) fI't I/') ..... eD .... øt .... 4It '0 G) > ïi 3: T" cø N o cø fI't en ..... ~ .... ... M 4It '0 G) > .¡¡:¡ 3: CII Q) u .~ Q) tn Q) :is :~ jjj c:: o "0 .. 1\1 ~ Q: '0 .. III ~ G) D:: D:: 3: !XI !XI CI c :c ~ u .E en ii - o I- ~ o I/') ~ .s:: 1: o ::E .D CO) Q: ;: aI aI Letter of Election City of Delray Beach ("Subscriber") requests BellSouth Telecommunications, Inc. ("Company") to provide the following Service at Subscnber locations as detailed in the Service Attachment The Service Included In this Agreement is: MegaLink (PT - PT) Service The Company will provide the requested Service under the terms and conditions stipulated in the governing tanff. Tariff references providing the basis for this Agreement are detailed in the Service Attachment Important tariff provisions relating to the requested Service include, but are not limited to: 1. The Company will furnish, install, maintain, and provide maintenance of the Service in accordance with the Company's lawfully filed tanffs. The service period shall begin on the date Service IS installed and billing begins ("Service Period"), unless specified otherwise in the tariff. 2. The Subscriber agrees to pay the Company for the provision of the Service based on the selected length of term descnbed In the tariff. This monthly rate will continue for the elected Service Period and will not be subject to Company initiated change during this period. 3. The Service Period, monthly recurring charges, and non-recurring charges for this Agreement are detailed in the Service Attachment. 4. In the event the Service IS terminated pnor to the expiration of the Service Period, the Subscriber shall pay Termination or Cancellation Charges as specified in the tariff. The appropriate tanff sections shall govern moves of service, upgrades to a higher level of service, and changes In Jurisdiction. 5. The Service Attachment describes the quantity of Service the Subscriber has ordered. Should the Subscriber desire to add or change Service, the Company agrees to do so under the terms and conditions of the tariff and the Subscnber agrees to pay any additional charges resulting from the change or addition. 6. In the event the Service requested by the Subscriber is cancelled prior to establishment of Service, but after the date of ordering reflected herein, the Subscriber is required to reimburse the Company for all expenses incurred in handling the request before the notice of cancellation IS received. Such charges will not exceed the sum of all charges that would apply if the work involved in complying with the request had been completed. 7. The Subscriber agrees to pay any added costs incurred by the Company due to Subscriber initiated change in the location of the requested Service prior to the time the Service is installed 8. At the expiration of the Service Period, the Subscnber may continue the Service according to renewal options provided in the tariff. 9. Service Periods may also be renewed prior to expiration in accordance with regulations and rates then in effect. 10. If the Subscriber does not elect an additional Service Period, or does not request discontinuance of the Service, then the Service will continue at the monthly rate In effect for month-to-month rates at the time the Service Period expires, or as specified in the tariff. Initial: Date: @ SEI.I.SOUTH Page 1 of 3 Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a wntten agreement. Letter of Election 11. Suspension of Service is not permitted for the requested Service. 12. Service may be transferred to another Subscriber at the same location upon prior written concurrence from the Company. The new subscriber to whom the Service is transferred will be subject to all tariff provIsions and equipment configurations currently in effect for the present Subscriber 13. Recognition of previous service may be given to the Subscriber who renews an existing Arrangement or converts from month-to-month billing, under circumstances detailed In the tariff. This Agreement period includes 0 Months for recognition of previous service. 14. Surcharges, such as end user common line, local number portability, federal universal service charge, etc., that may be included In an Agreement Attachment, are not affected by the Agreement's terms and conditions and are subject to change. 15. If you are purchasing a BellSouth® Fast Packet Transport Service (BeIlSouth® Frame Relay Service, BellSouth® Asynchronous Transfer Mode Service, or BellSouth® Metro Ethernet Service) or a BellSouth® Digital Network Service (BeIlSouth@: MegaLlnk® Service, BellSouth® MegaLink® Channel Service, BellSouthC3: LightGate® Service, or BellSouth® SMARTRing® Service) under this Agreement, such service may only be purchased by Customers whose traffic on this service will be at least 90% intrastate. Customer is responsible for complying with this reqUirement, and by ordering or accepting such service under this Agreement, Customer is representing to the Company that Its traffic on the service will be at least 90% Intrastate. This Agreement is effective when executed by the Subscriber and accepted by the Company, and is subject to and controlled by the provisions of the Company's lawfully filed tariffs, Including any changes therein as may be made from time to time. Subscriber Name Signature Date Printed Name Title BELLSOUTH TELECOMMUNICATIONS, INC. By: BellSouth Business Systems, Inc. Signature Date: Printed Name Title @ BEI.I.SOUTH Page 2 of 3 Private/Proprietary May not be used or disclosed outside the BellSouth compames, except pursuant to a written agreement. Letter of Election Attachment #1 Select Product State Tariff: Florida General Subscriber Services Tariff Service Period: 49 Months The attached QuoteExpert document includes all rate elements required for: MegaLink (PT - PT) Service Those subject to rate stabilization are indicated in the General Subscriber Services Tariff 87.1 Private Line. Other charges mandated by Federal, State, or Local statutes may also apply. Attach QuoteExpert document to the Letter of Election Initial: Date: @ BEUSOUTH Page 3 of 3 Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement .c Co) CIS ( ) to ~ CIS """ Q) c .... o ~ :!:: (.) >. :c ë III 0 .s :¡¡¡ c:: :i! ~ ,§ .e !! ~ ]I C .5 >. :c - c III 0 .s :¡¡¡ c:: :i! N C "- .S! .2 ¡ ( )¡¡j "'" ûí .5 >. :c - C III 0 .s :¡¡¡ c:: :i! ~ 5 .2 ~ ~ ¡¡j ûí .5 >. :c ë .s ~ c:: :i! .2 C .s .g c:: ~ :i! ]I II) .5 :!:: := u """ o 't"" I - ...J LL - ~ c C'CI C) ( ) :E ro Q) ~ -ro8 "- Q)O ~ 0 -- .... 0<17 co on 0 ~ '" .... E ~~o ~~e OC(N~ ~ Eo~ ~oq:on Õ c:: :e c:) ~ ~ ~ ~iiöc¡¡.Eo- E ; OC( :z: (.) <: 0) .r::r::::>.CXlo,æ"",1i) !!1 ° ::¡¡; ..... C::.r:: ~ j5:¡:;oQ,~ü J9~::;ÖQ)ro ¡fjo¡,¡(.)lI)g Q)~III~.2...J U"5e,;:Ci)S 2:~:g...-S1õ> ~C3OC(~iõ o 0 o 0 o 0 <17 <17 o 0 o 0 o I£') <17 .... I£') <17 o 0 o 0 o 0 <17 <17 o 0 o 0 o on <17 .... I£') <17 o 0 o 0 o 0 <17 <17 o 0 o 0 o on <17 .... I£') <17 o 0 o 0 o 0 <17 <17 o 0 o 0 o on <17 .... I£') <17 w Q o CJ ë3 o U) ::;) u.. w w CJ) o ...J Ü (!) Ü ::!: ~ a C ° :s. .¡: u II) Q) Q ÛÌ' Q) ,CJ ~ Q) II) æ Q) .s E o !!! .s ã¡ ~li g. ... CJ) o -0 - Q) c:: -0 ~ ~ Q) .e lri ~ ro i~~B ëJ~.g _ .-: Co · .S 8 :r7ilc¡¡ !:. 2' § ,!:e~ id g ü f:C æ ~8'ü ii c.i .5 E" E 8 -S1 ~ .s :::s ° II) =ä¡ CXI 000 000 LO 0 0 t;;;th 000 000 000 1£')<17'<1" CO) <17 <17 000 000 LOOO .... ~ <17 <17 <17 000 000 000 1£')<17'<1" CO) <17 <17 000 000 on 0 0 ~;';<17 000 000 000 I£') <17 '<I" CO) <17 <17 000 000 o '<I" 0 ~ '<I" <17 U;<17 000 000 000 1£')<17'<1" CO) <17 <17 N « > c... c... c... o 0 ...J ...J ...J (!) ~ ~ ::!: ~ ~ ~ ê ~ ~ ~ 1: ~ ( ) ~ [~ æ. u:: 1i) Q) ~ 21 ~ ~ ~ ü ~ ëi) ~ >- ro '" <: Q) g ê -ë Q) ~ C: ë';' "- ~ .... co ). ~ ~ ~ co IIINIe ~ ~ ~ c:: ii ~8:z: C II) ~ .S! ~ Q '5 :1::: Ö o ., (.) ...J III o¡ ~ ë .S ~ :g ~ C3 OC( II) c.i .5 E" E 8 -S1 ~ .s :::s ° ~ Q) CXI 000 000 I£') 0 0 .... '<I" <17 <17 <17 000 000 000 I£') <17 '<I" CO) <17 <17 000 000 on 0 0 .... '<I" <17 <17 <17 000 000 000 LO<I7'<1" CO) <17 <17 000 000 on 0 0 .... '<I" <17 <17 <17 000 000 000 LO<I7'<1" CO) <17 <17 000 000 o ID 0 ~ .... <17 ~~ 000 000 000 I£') <17 '<I" CO) <17 <17 ii N « > c... c... c... o 0 ...J ...J ...J (!) ~ ~ ::!: ~ '<I" ~ ro Q) o roO Q) 0 aU; o 0 ~_'" ~ E <17 e c: 0 c... ~ E ... o Õ ~ C: Ö c¡¡ .E -= (.) <: 0) 0 o¡ æ "'" 1i) .~ B g '""" Q)ro ( )~ ~ Š ~ ~ illS ê~ J!! "5 -- E!? ië5æ.u:: 1i) Q) '""" 21 ~ ~ ~ ü ~ ëi.i '""" >- ro rJJ <: Q) o rJJ .¡:¡ Ë -ë Q) ~ C: c: .0 'tš ( ) Cf.) It:: 'C: ~ c: o ~ ( ) '" <0 .Q E! <0 Õ -6 e Q. .'" :5 .... Q) .E :§ ~ .æ .s o ~ g. .::: '" e:. .s¡ tI:I ~ ~ ° E ~ D.. ~ .5 ¡¡j CI Q) :¡¡¡ ... ã ûí ~ ... o - Q) j5 :~ jjj õ Z r::: o ~ o .c ë ° :¡¡¡ .2 .c U) ë ...J o ~ :¡¡¡ 0 t I- o o c::i o N ~ o o .,.¡ It) CO'!. ~ ~ o o c::i o N ~ o o .,.¡ It) M. ~ ~ o o c::i o N ~ o o on on M. ~ ~ o o c::i ; ~ o o on It) CO'!. ~ ~ o o c::i M ~ o o c::i .... ~ ~ -0 Q) > iij 3: o o c::i M ~ o o c::i .... ~ ~ -0 Q) > 'iii 3: o o c::i M ~ o o c::i .... ~ ~ -0 Q) > 'iii 3: o o cØ co ~ o o ..; .... M ~ -0 GI > 'iii 3: II) Q) u > .¡: Q) U) Q) j5 :~ jjj r::: o 'E ro :t Q) " -0 ... ro ~ " " 3: ŒI ŒI CI r::: '6 :::s t:i .5 II) ¡¡j Õ I- ~ o It) ~ .c ë ° :¡¡¡ .D M " 3: ŒI III Letter of Election City of Delray Beach ("Subscriber") requests BellSouth Telecommunications, Inc. ("Company") to provide the following Service at Subscriber locations as detailed in the Service Attachment. The Service Included in this Agreement is: MegaLink (PT - PT) Service The Company will provide the requested Service under the terms and conditions stipulated in the governing tariff. Tariff references providing the basis for this Agreement are detailed in the Service Attachment. Important tariff provisions relating to the requested Service include, but are not limited to' 1. The Company will furnish, install, maintain, and provide maintenance of the Service In accordance with the Company's lawfully filed tariffs. The service period shall begin on the date Service is installed and billing begins ("Service Period"), unless specified otherwise in the tariff 2. The Subscriber agrees to pay the Company for the provision of the Service based on the selected length of term described in the tariff This monthly rate will continue for the elected Service Period and will not be subject to Company initiated change during this period 3. The Service Period, monthly recurring charges, and non-recurring charges for this Agreement are detailed in the Service Attachment. 4. In the event the Service IS terminated prior to the expiration of the Service Period. the Subscriber shall pay Termination or Cancellation Charges as specified in the tariff The appropriate tariff sections shall govern moves of service, upgrades to a higher level of service, and changes in jurisdiction 5. The Service Attachment describes the quantity of Service the Subscriber has ordered. Should the Subscriber desire to add or change Service. the Company agrees to do so under the terms and conditions of the tariff and the Subscriber agrees to pay any additional charges resulting from the change or addition. 6. In the event the Service requested by the Subscriber IS cancelled prior to establishment of Service, but after the date of ordering reflected herein, the Subscriber is required to reimburse the Company for all expenses incurred in handling the request before the notice of cancellation IS received. Such charges will not exceed the sum of all charges that would apply if the work involved In complYing with the request had been completed 7. The Subscriber agrees to pay any added costs incurred by the Company due to Subscriber initiated change in the location of the requested Service prior to the time the Service is installed. 8. At the expiration of the Service Period, the Subscriber may continue the Service according to renewal options provided in the tariff. 9. Service Periods may also be renewed prior to expiration in accordance with regulations and rates then in effect. 10. If the Subscriber does not elect an additional Service Period, or does not request discontinuance of the Service, then the Service will continue at the monthly rate in effect for month-to-month rates at the time the Service Period expires, or as specified In the tariff. Initial: Date: @ BEUSOUTH Page 1 of 3 Private/Proprietary May not be used or disclosed outside the BellSouth companies. except pursuant to a written agreement. Letter of Election 11. Suspension of Service is not permitted for the requested Service. 12 Service may be transferred to another Subscriber at the same location upon prior written concurrence from the Company. The new subscriber to whom the Service is transferred will be subject to all tariff provisions and equipment configurations currently in effect for the present Subscriber. 13. Recognition of previous service may be given to the Subscriber who renews an existing Arrangement or converts from month-to-month billing, under circumstances detailed In the tariff This Agreement period includes 0 Months for recognition of previous service. 14. Surcharges, such as end user common line, local number portability, federal universal service charge, etc., that may be included in an Agreement Attachment, are not affected by the Agreement's terms and conditions and are subject to change. 15. If you are purchasing a BellSouth® Fast Packet Transport Service (BellSouth® Frame Relay Service, BellSouth® Asynchronous Transfer Mode Service, or BellSouth® Metro Ethernet Service) or a BellSouth® Digital Network Service (BellSouth® MegaLlnk® Service, BellSouth® MegaLink® Channel Service, BellSouth® LlghtGate® Service, or BellSouth® SMARTRing® Service) under this Agreement, such service may only be purchased by Customers whose traffic on this service will be at least 90% intrastate. Customer IS responsible for complying with this requirement, and by ordering or accepting such service under this Agreement, Customer is representing to the Company that its traffic on the service will be at least 90% intrastate. This Agreement is effective when executed by the Subscriber and accepted by the Company, and is subject to and controlled by the provisions of the Company's lawfully filed tariffs, including any changes therein as may be made from time to time. Subscriber Name Signature Date Printed Name Title BELLSOUTH TELECOMMUNICATIONS, INC. By: BellSouth Business Systems, Inc. Signature Date: Printed Name Title @BELI.SOUTH Page 2 of 3 Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement Letter of Election Attachment #1 Select Product State Tariff: Florida General Subscriber Services Tariff Service Period: 49 Months The attached QuoteExpert document includes all rate elements required for: MegaLink (PT - PT) Service Those subject to rate stabilization are indicated in the General Subscriber Services Tariff 87.1 Private Line. Other charges mandated by Federal, State, or Local statutes may also apply. Attach QuoteExpert document to the Letter of Election Initial: Date: @ BEI.J.SOUTH Page 3 of 3 Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a wntten agreement. MEMORANDUM TO: Mayor and City Commissioners FROM: ~obert Barcinski, Assistant City Manager DATE: March 11, 2005 SUBJECT: AGENDA ITEM # ß\<. CITY COMMISSION MEETING MARCH 15.2005 CLEAN AND SAFE BUDGET ACTION City Commission is requested to approve the Clean and Safe Budget as presented at the March 10, 2005 City Commission Workshop Meeting. BACKGROUND It appears at this time that the Community Redevelopment Agency (CRA) will pay for all personnel and material costs but may not be able to pay for the capital equipment. If this is the case, the City Manager will make adjustments to the budget for the balance of this year. I am working with the CRA on an alternate idea concerning the vehicles. RECOMMENDATION Staff recommends approval of the Clean and Safe Budget. File. agenda memo.Clean & Safe Budget.03.15.05 City of Delray Beach Memo To: City Commission From: City Manager M CC: Date: March 8, 2005 Re: Clean and Safe Budget Attached are staff recommendations regarding implementation of the Clean and Safe Program. After reviewing these recommendations and discussing them with affected departments, I recommend the following budget on an annualized basis for salaries and benefits: Electrician $120,000 70,000 50,000 60,000 $300,000 2 Police Officers 2 General Maintenance Workers Program Manager Total For the balance of this year, I recommend the following: Electrician $60,000 35,000 25,000 30,000 25,000 8,000 8,000 14,000 26,077 2 Police Officers 2 General Maintenance Workers Program Manager Green Machine Landscape Materials Pressure Cleaning Electrical Service to Compacting Dumpster Police Car 1 ß\\O\05 6~~\ ~~ A.~~Y\ \NS.i 2 % Ton Pickups Additional Street Lights and other Equipment Total 30,204 38.719 $300,000 If this budget is acceptable we will put it on next week's agenda for formal approval. . Page 2 '" flEŒIVED JAN 1" ?nnl\ Cry MANAGëR MYDELRA YBEACH. COM City of ·Defray Beach Administrative Services Memorandum TO: David 1. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager SUBJECT: Recommendations Clean & Safe DATE: January 14, 2005 I have completed a review of the existing department work programs in the Clean and Safe area and prepared a summary of their tasks. I have also completed a review and prepared a summary of the clean and safe issues and objectives for the program that were developed by the DDA at their May workshop. The DDA has validated the summary I prepared. A summary of the main issues and concerns raised by the DDA are as follows: 1. There is a need to improve the quality and frequency of litter and trash pickup in the area which includes alleys and parking lots with a focus on removing cigarette butts. 2. Remove and replace dead plants in landscape areas more frequently as well as plant annuals more often than twice per year. 3. Weed landscape areas more frequently. 4. Overall improve appearance of alleyways and backsides of buildings. 5. Initiate an inspection program to focus on business dumpsters. Issues to look at and address include size of dumpster, type used, frequency of pickups, screening, odor and consolidation and use of compactors. 6. Establish a program for regular inspection of street lights including FPL lights to identify and report repair needs quicker, improve repair time, and establish follow-up inspection program. Also improve quality of lighting on key side streets and in alleys especially those alleys which connect parking lots to main streets. 7. Expedite approval of new regulations for sidewalk cafes and develop implementation plan. january 14, 2005 Page 2 8. Generally improve quality control to ensure tasks in the work plans are completed to a high level of excellence. Based on my review, the following recommendations are being made: 1. Emphasize to all department heads the importance of the Clean and Safe Program and the need to complete work tasks scheduled with a high level of quality. 2. Direct Code Enforcement with the assistance of Waste Management to inspect dumpster areas to determine if changes need to be made in type, size, frequency of pick up, sanitizing and disinfection needs, and to determine other possible locations for consolidation of dumpsters utilizing a compactor. (The location in the east/west alley between SE 4 Avenue and SE 5 Avenue has previously been identified as a site for a compactor.) Complete within next two months. 3. Direct Parks Maintenance to assign one crew to be primarily responsible for landscape maintenance and litter control tasks in Clean and Safe Area if feasible. 4. Direct Parks Maintenance to focus current resources on plant replacement where needed to include parking lot areas, weeding and mulching before Delray Affair to bring all areas up to standards. Medians on Atlantic Avenue west of NW/SW 5 Avenue need immediate attention as well as Hands and Chamber parking lots. 5. Direct Public Works to form an inspection team consisting of a DDA staff representative and FPL to determine locations where improved lighting is needed and to develop recommendations for improvement. Complete in next 30-45 days. 6. Recommend that the City take over maintenance of decorative street lights and landscaping in two (2) CRA parking lots. 7. Complete and implement sidewalk cafe ordinance by March. 8. Implement and fund a program to pressure clean under decorative furniture and brick sidewalks and in front of City property at least four (4) times per year. 9. Direct Public Works to repair decorative wayfinder signs that were damaged by the hurricanes before the Delray Affair. 10. Direct Public works to assign one supervisor to be responsible and accountable for inspections and preparing work orders for brick sidewalks repairs, stripping, signage, and tree gate repairs. Inspections need to be done at least every two weeks. January 14, 2005 Page 3 11. Replace small jasmine in Atlantic Avenue and side street landscape nodes with green island ficus like we have on Pineapple Grove. This plant material is denser and holds up better. 12. Consider installing decorative ash trays in strategic locations on the Avenue. 13. Hire two (2) General Maintenance Workers in the Parks Maintenance Division to focus efforts in the Clean and Safe Area to supplement existing tasks being performed by Parks Maintenance Crews. Split time and schedule so that there is weekend coverage. Tasks to include operating new sidewalk sweepers and litter pick up, weeding of landscape areas, removal of dead plants and planting. This would provide coverage above the 2-4 hours a day now being done by other Parks crews. 14. Purchase additional sidewalk type sweeper. There is one in the budget. Two would make work more efficient, faster and provide backup. 15. Hire a Journeyman Electrician in Building Maintenance to focus efforts on street light repairs and also take on repairs of twinkle lights and up lights in area which the DDA is contracting out. This person could also be the primary person assigned to inspect streetlights. Would have to work some night hours. I think we are getting to the point with the number of decorative lights we mow have and additions that are to come that this is a needed position. 16.Assign or hire someone to provide inspections and oversight to ensure quality control of tasks being performed by the various departments. This could be done by either: a. Assign task to Assistant City manager but would have to provide additional staff to support for events. b. Set up new Code Enforcement District and assign officer currently responsible on a part-time basis for inspection in the Clean and Safe Area. This person could take on duties of quality control inspections as well as Code Enforcement items. However, would need to hire additional code officer to assume duties previously provided by this person. c. Hire a new person (create new position) downtown ombudsman who would be responsible for quality control and inspections and would service as a liaison with the DDA. Would need transportation, office space, telephone, etc. :January 14, 2005 Page 4 Estimated costs to implement new initiatives: (2) General Maintenance Workers with fringe benefits, uniforms & minor equipment $70,000 (1) Journeyman Electrician with fringe benefits, uniforms and minor equipment $50,000 (1) Ombudsman or Code Officer with fringe benefits, etc. $60,000 (1) Additional Green machine Additional landscape materials Pressure cleaning services Compactor Alley EIW between SE 4th and 5th Avenues $25,000 $ 8,000 $ 8,000 $14,000 Other possible use of CRA funds would be to supplement the costs of the Downtown Police Detail which has been estimated to cost $436,405.30 for one (1) sergeant and four (4) officers. These individuals are being taken from other details to serve area in peak coverage times. · January 14, 2005 Page 5 Cost Estimates Clean and Safe Recommendations 1. Ombudsmanllnspector - Equivalent to Coordinator (E17 Exempt) Salary Fringe Benefits (Disability, EAP, medical/life ins. Social security, W/C pension) Car Allowance Telephone/Cell Furniture $40,435 $13,585 $ 2,500 $ 700 $ 1.000 $58,220 This person will need office space. If a City vehicle is available, provide vehicle versus car allowance. Will need to determine who this person reports to. 2. Two additional General Maintenance Workers for litter pickup and landscape maintenance Salary 2 X $22,186 Fringe Benefits (2 x $10,460) $44,372 $20.920 $65,292 Will need vehicle use and equipment, unless they are first dropped off and picked up at different times of the day. 3. Electrician Journeyman Salary (B-11) Fringe Benefits $34,472 $12.600 $47,070 Will also need radio and vehicle to use. 4. Other possible uses for CRA funding: a. Green machine/sweeper (in budget) b. Add compactor in alley east/west between SE 4 Ave. and SE 5 Ave. c. Contract pressure cleaning 4X year d. Landscape materials to replace plants and spruce up other areas. Add mulch etc. (Would need to get a better estimate from Joe Weldon.) d. Pay costs of part of Police detail (Base this on other costs and back into $300,000 number for the remainder of the year.) $25,000 $14,000 $ 8,000 $ 8,000 Page 1 of2 Harden, David From: Barcinski, Robert Sent: Monday, March 07, 200510:30 AM To: Harden, David Subject: FW: journeyman electrician -----Original Message----- From: Schmitz, James Sent: Thursday, February 17, 20054:40 PM To: Barcinski, Robert Subject: journeyman electrician Mr. B, the following is a few thing that come to mind when we speak of using a layman rather the a qualified electrician to do electrical work and/or street lighting work. Most of our problems related to inoperable streetlights are something other then changing a bulb. Most of the time it is an electrical problem. A thought occurred to me while making this list and maybe I have never been clear about why the street lights are not repaired in what people think is a reasonable time frame. If people assume that all we have to do is go out and change a bulb and we are done then no wonder they think we are taking too long to make the repair. In fact very few light outages are bulbs more times that not it is a ground fault, tripping breaker that takes an electrician to trace the short and make the repairs that may take hours or days to locate. Or it could be a section of burned up wiring that needs to be re pulled and the circuits must go back to the appropriate circuit breaker. I would not be comfortable having a non qualified, person doing any of these repairs and I believe the city would be exposing themselves to a liability if we were to ask a non qualified person to make electrical repairs and installations and he was hurt or electrocuted and did not possess the proper credentials. I think it is very important to have an electrician with a certificate of competency to do this job. Please see the following list of items that are related to repairing street lights. Considerable amount of control wiring High Voltage (240 volts) Locating short circuits and ground faults and knowing how to safely make the repairs Replacing burned up wiring Replacing receptacles Trouble shooting electrical problems Low voltage control circuits and photo cells and related control wiring Lighting contactors Installation of transformers and related wiring pole knock downs and making exposed hot circuits safe. 3/7/2005 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER [íJ~ TO: SUBJECT: AGENDA ITEM # ~L REGULAR MEETING MARCH 15. 2005 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MARCH 11, 2005 Attached is the Report of Appealable Land Use Items for the period February 28, 2005 through March 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:\Clty Clerk\agenda memos\apagmem.03.15.05 CITY COMMISSION DOCUMENTATION FROM: DAVID T. H~Cn~AGER PAUL DORll~, DIRE-CT'ð"...OF PLANNING AND ZONING JASMIN ALLEN, PLANNE~ ~/11¥\. ~ MEETING OF MARCH 15, £05 *CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 28, 2005 THRU MARCH 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 February 28, 2005 through March 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 MEETING OF FEBRUARY 28, 2005 No appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. . Recommended approval (7 to 0), of a City initiated amendment to the Land Development Regulations Section 2.4.4(E) "Expiration of Approvals" to provide for a longer expiration period for conditional uses, site plans, landscaping plans, architectural plans and preliminary subdivision plats. . Tabled on a 7 to 0 vote a privately initiated amendment to the Land Development Regulations Section 4.4.19(D), Mixed Industrial and Commercial (MIC) zone district to increase the dimensional requirements for the storage and rental of light construction equipment. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MARCH 9, 2005 A. Approved with conditions (4 to 1, Roger Cope and Nancy Stewart absent and Jose Aguila dissenting), a Class I site plan modification associated with the installation of accordion hurricane shutters on the Administrative Building and the Sheriff Building, located on the east side of South Congress Avenue, south of West Atlantic Avenue. City Commission Documentation Appealable Items Meeting of March 15, 2005 Page 2 B. Tabled (5 to 0), a Class I site plan modification and architectural elevations associated with facades changes for the South Palm Beach County Courthouse, located at the southwest corner of West Atlantic Avenue and SW 2nd Avenue. The Board requested that alternative architectural treatments be provided and that the major architectural features be more pronounced. C. Approved (4 to 0), a request for an extension of the site plan approval (expiring September 9, 2006) for Safe and Secure, located on the west side of North Federal Highway, approximately 890 feet south of Gulfstream Boulevard (2512 North Federal Highway). D. Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of two (five-story and four-story) mixed- use buildings consisting of 20,841 sq. ft. of retail floor area, 5,361 sq. ft. of office area and 3,007 sq. ft. of restaurant area, and 134 residential units for The Strand, located on the north and south sides of SE 1 st Street, west of SE 3rd Avenue. Concurrently, the Board recommended that the City Commission approves the following waivers: ~ Reduction in the required visibility triangle from forty (40) feet: · To eighteen feet (18) at the intersection of S.E. 3rd Avenue with S.E. 2nd Street for the south building; · To twenty feet (20) at the intersection of S.E. 3rd Avenue with S.E. 1st Street for the south building; and · To twenty feet (20) at the intersection of S.E. 3rd Avenue with S.E. 1st Street for the north building. ~ Reduction in the required five (5') feet landscape strip between the off street parking and the right of way to four (4') feet for the northwest portion of the ground level garage of the south building. E. Tabled (5 to 0), a Class IV site plan modification, landscape plan and architectural elevations associated with the addition of a 3,677 sq. ft. sales/service building for Maroone Nissan, located on the west side of South Federal Highway, approximately 1,500 feet south of Linton Boulevard (2200 South Federal Highway). The Board stated that the overhead doors facing Federal Highway are not allowed and should be relocated. I HISTORIC PRESERVATION BOARD MEETING OF MARCH 2, 2005 1. Approved (7 to 0), a request for a Certificate of Appropriateness associated with a Class II site plan modification to allow the installation of an above ground gas tank for BSA Corporation, located on the north side of NE 2nd Street, east of Swinton Avenue (9 NE 2nd Street). 2. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness associated with the construction of a new two-story duplex at 111 NW 1st Avenue, located on the east side of NW 1st Avenue, north of NW 1st Street. RECOMMENDED ACTION By motion, receive and file this report. Attached: Location Map CITY OF DELRAY BEACH, FLORIDA City Commission Meeting MARCH 15, 2005 L -38 CAIIAL L -30 CANAL -' ~ « u '" U. I I --1 Q ð Q: LAKE IDA ï= ::> o CI) '" u ~ Q: « '" r- - L___ L__ I _______...1 ~ ii1, I I I r- - I L_ r-- L___--...r---, I Q o ~ UJ ::; g SW 2NDST ~ ~ « « ~ ~ ~ ~ '" '" 10TH ~ « ~ ~ '" LINTON BLVD I I '-, r---1 I In I LJ L, L _ _ J L ::! ~ :0- ct: ~ ~ I =1 L_ ï= ::> 0 CI) -' ~ ~ '" u:. ATLANTIC Q Q: ~ UJ :5 o '" ~ ~ ~ .... ~ LINTON BOULEVARD .... ...... ....... ~ ~ ..... ....... ~ LOWSON BOULEVARD "" DiD ì G£R~ I '4l\1¡-o I ~ I I I I L__--1 I'-O~O CI) CI) IU ct: l:> iš o SPRAB A SOUTH COUNTY ADMINISTRA TIVE BUILDING B. SOUTH PALM BEACH COUNTY COURTHOUSE C. SAFE AND SECURE D. THE STRAND E. MAROONE NISSAN HEB 1 9 NE 2ND STREET 2 111 NW 1ST AVENUE - - - - - CITY LIMITS - - - - - ONE MILE GRAPHIC SCALE CITY OF DELRA Y BEACH, FL PLANNING & ZONING DEPARTMENT NOVEMBER 2004 - - DIGITAL BASE MAP SYSTEM -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ CITY MANAGER SUBJECT: AGENDA ITEM # %"'^' - REGULAR MEETING OF MARCH 15. 2005 AWARD OF BIDS AND CONTRACTS DATE: MARCH 11, 2005 This is before the City Commission to approve the award of the following bids: 1. Various bid awards in the amount of $285,907.00 via the Florida Sheriffs' Association Contract #04-12-0823 and the State of Florida Contract #070-700-05- 1 for the replacement of twelve (12) City vehicles. Funding is available &om 501- 3312-591-64.20 (Central Garage Fundi Automotive). Recommend approval of the above bids and purchases. S:\ûty CIerk\agenda memo\BKi Memo.03.tS.OS MEMORANDUM 11): FROM: THROUGH: DATE: David Harden, City Manager Patsy Nadal, BUY~ Joseph Safford, Finance Director 3/11/2005 SUBJECT: DOCUMENTATION-CITY COMMISSION MEETING MARCH 15,2005 - PURCHASE AWARD TO MULITPLE VENDORS REPLACEMENT VEHICLES Item Before Commission: City Commission is requested to approve the purchase of twelve (12) replacement vehicles from multiple vendors for a total cost of total cost of $285,907.00, per contract pricing. Back2l"OUnd: The twelve (12) vehicles are being replaced due to age and life-to-date maintenance cost. Dealer Type Cost Contract # Don Reid Ford Central-(1) Utility 4><2 $24,145 00 FSA-Bid #04-12-0823 Duval Ford - (2) Ford Crown $47,285.00 FSA-Bid #04-12-0823 (2) Pick-up Truck 4><2 $26,216.00 Garber Chevrolet - (2) ImDala $38,368.00 FSA-Bid #04-12-0823 Garber Ford - (4) Pick-UD Truck 4><2 $79,35200 FSA-Bid #04-12-0823 International Truck - (1) 12-Yard Dump $70,541.00 FI State Contract #070-700-05-1 Truck Recommendation: Purchasing and Fleet recommends the purchase of the twelve (12) vehicles from Don Reid Ford, $24,145.00, Duval Ford North, $73,501.00, Garber Chevrolet, $38,368.00, Garber Ford, $79,352.00 and Intemational Truck, $70,541.00 for the total amount of $285,907.00. Pricing per the State of Florida Contract #070-700-05-1 and Florida Sheriffs Association (FSA) #04-12-0823. Funding from account code: 501-3312-591-64.20-Garage Fund, MachinerylEquipment, Automotive Attachments: Fleet Memorandum EmaiI Message -Mr. Harden and K. 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C) MEMORANDUM TO: FROM: SUBJEcr: DATE: PATSY NADAL, PURCHASING BUYER KEVIN RUMELL, FLEET MAINTENANCE SUPERINTENDENT VEHICLES FOR REPLACEMENT MARCH 8, 2005 Patsy, This is a list of vehicles to be placed on the consent agenda for replacement, due to age and life-to-date maintenance costs. These vehicles will be paid for from the garage capitol vehicle replacement fund, 501-3312-591.64-20. Please note that the first (3) three vehicles on my replacement list have prevtously been approved for purchase due to engine and mechanical failures. Vendor Contacts: Garber - Daniel Devries (904) 264-4502 International Truck - Bill Parham (678) 376-0069 Duval Ford - Nelson Eason (904) 388-2144 Don Reid Ford - Eric J ore (407) 644-8111 Line #4 - FSA Contract Spec.#28 Garber Ford - 2005 Ford F-250SD % Ton Pickup Truck 4X2 $14,347.00 435.00 Trailer Tow Package Back-up Alarm 89.00 5/75 Extended Vehicle Warranty 2 005.00 $16,876.00 Line #5 - FSA Contract Spec. #28 Garber Ford - 2005 Ford F-250SD % Ton Pickup Truck 4X2 Option W-20 Crew Cab Trailer Tow Package Back-up Alann 5/75 Extended Vehicle Warranty Line #6 - Bid On State Contract - Spec. #070-700-460 International Truck - 2005 International 7000 Series 12-Yard Dump Truck Electric Bed Cover 5/150 Extended Vehicle Warranty Pintle Tow Hook, Installed Line #7 - FSA Contract Spec. #28 Garber Ford - 2005 Ford F-250SD % Ton Pickup Truck 4X2 Option W-20 Crew Cab Trailer Tow Package Back-up Alann 5/75 Extended Vehicle Warranty 2 $14,347.00 3,970.00 435.00 89.00 2 005.00 $20,846.00 $69,237.00 450.00 500.00 ~ $70,541.00 $14,347.00 3,970.00 435.00 89.00 2 005.00 $20,846.00 Line #8 - FSA Contract Spec. #04 Garber Chevrolet - 2005 Chevrolet Impala Administrative Option L-36 3.8 Liter Engine Option B-34 Floor Mats, Front and Rear Option RS Rain Shields Option DSM Complete Set of Shop Manuals Full Size Spare Tire and Rim 5/75 Extended Vehicle Warranty $14,698.00 2,360.00 80.00 86.00 310.00 325.00 1 480.00 $19,339.00 Line #9 - FSA Contract Spec. #01 Duval Ford North - 2005 Ford Crown Vic Police Interceptor Option RSF Rain Shields Option 14- T Kevlar Trunk Package Option 157 Rear Locks and Door Handles Inoperative Option 948 Rear Windows Inoperative Option 478 Courtesy Light Disabled Option 61H Factory Igmtion Powered Trunk Release Option R5000 Go Rhino Push Bumper Option S10S Setina #10 Lexan Cage Option DSM Complete Set of Shop Manuals Option 5/75E 5/75 Extended Vehicle Warranty $18,723.00 87.00 190.00 25.00 25.00 20.00 60.00 272.00 598.00 325.00 3 575.00 $23,900.00 3 Line #10 - FSA Contract Spec. #17 Don Reid Ford Central- 2005 Ford Expedition Full Size Utility 4X2 Transmission Oil Cooler Bucket Seats Alternator - 130 Amp Option RS Ram Shields Manufacturer's Heavy Duty Towing Package Option DSM Complete Set of Shop Manuals Option 5/75E 5/75 Extended Vehicle Warranty $21,720.00 Std. 385.00 75.00 100.00 Std. 295.00 1 570.00 $24,145.00 Line #11 - FSA Contract Spec. #27 Duval Ford North - 2005 Ford F-150 Vz Ton Pickup Truck 4X2 Passenger Dome Light Option L WB Long 8' Bed Heavy Duty Towing Package Option BUA Back-up Alarm Option 5/75E 5/75 Extended Vehicle Warranty $10,708.00 65.00 300.00 475.00 95.00 1 465.00 $13,108.00 4 Line #12 - FSA Contract Spec. #28 Garber Ford - 2005 Ford F-250SD 3f4 Ton Pickup Truck 4X2 Option W-20 Crew Cab Trailer Tow Package Back-up Alarm 5/75 Extended Veh1cle Warranty $14,347.00 3,970.00 435.00 89.00 2 005.00 $20,846.00 5 ADDENDUM Line #13 - FSA Contract Spec. #27 Duval Ford North -2005 Ford F-150 1/2 Ton Pickup Truck 4X2 Passenger Dome Light Option LWB Long 8' Bed Heavy Duty TOWing Package Option BUA Back-up Alarm Option 5/75E 5/75 Extended Vehicle Warranty $10,708.00 65.00 300.00 475.00 95.00 1 465.00 $13,108.00 Line #14 - FSA Contract Spec. #04 Garber Chevrolet - 2005 Chevrolet Impala Administrative Option L-36 3.8 Liter Engine Option B-34 Floor Mats, Front and Rear Option RS Rain Shields Full Size Spare T1re and Rim 5/75 Extended Vehicle Warranty $14,698.00 2,360.00 80.00 86.00 325.00 1 480.00 $19,029.00 Note: Line #15 Skipped due to private funding from Police Dept. For This Vehicle Slqps to T .ine #16 Below 6 Line #16 - FSA Contract Spec. #01 Duval Ford North - 2005 Ford Crown Vic Police Interceptor Option RSF Rain Shields Option 157 Rear Locks and Door Handles Inoperative Option 948 Rear Windows Inoperative Option 478 Courtesy Light Disabled Option 61H Factory IgnitlOn Powered Trunk Release Option R5000 Go Rhino Push Bumper Option S10S Setina #10 Lexan Cage Option 5/75E 5/75 Extended Vehicle Warranty $18,723.00 87.00 25.00 25.00 20.00 60.00 272.00 598.00 3 575.00 $23,385.00 7 AGENDA ITEM NUMBER: 8 N\" 1. AGENDA REQUEST Request to be placed on: March 15, 2005 Date: March 11,2005 xx Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: City Commission is requested to approve the purchase of twelve (12) replacement vehicles, due to age and life- to-date maintenance cost The vehicles are available from multiple vendors for a total cost of $285,907.00, per contract pricing. Cost $24 145.00 $47,285.00 $26,216.00 $38,368.00 $79,352.00 $70541.00 Contract # FSA-Bid 104-12-0823 FSA-Bid 104-12-0823 FSA-Bid 104-12-0823 FSA-Bid 104-12-0823 FI State Contract #070-700-05-1 ORDINANCE/RESOLUTION REQUIRED: YES NO_X_ NO_X_ Draft Attached: YES Recommendation: Purchasing recommends the purchase of the twelve (12) vehicles from Don Reid Ford Central, $24,145.00, Duval Ford North, $73,501.00, Garber Chevrolet, $38,36800, Garber Ford, $79,352.00 and International Truck, $70,541.00 for the total amount of $285,907.00 Pricing per the State of Florida Contract #07D--700-05-1 and Florida Sheriffs Association (FSA) #04-12-0823. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Di~~ ~~~I~~:µV-ing expenditure of funds): FU~9 available: Yes '1.._ No Funding alternatives: (if applicable) Account Number: 501-3312-591-64.20-GARAGE FUND, MACHINERYÆQUIP, AUTOMOTIVE Account Balance: ,~."9 t. ~5 ~ City Manager Review: Approved for agenda @ z111- No Hold Until' Agenda Coordinator Review: Received: Action Approved Disapproved ~ [IT' DF DELRAY IEA[H CITY ATTORNEY'S OFFICE 2(11) 'JW !,¡ \\'F'\[-I-:' DELR!l.Y BE-'\CH FLORIDA 33H.:I 11 LFPHO'\ E ~h I '::'-+~- :I)q(\ . F \CSI\IILE :'611278-.:1755 DELRAY BEACH F ~ D R ::J'" D.8I:II All-America City , III I! DATE: 1993 TO: 2001 Writer's Direct Line: 561/243-7091 MEMORANDUM March 14,2005 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Amendment to Consent Aaenda - Resolutions 16-05 and 17-05 Please amend the consent agenda to include Resolution 16-05 and 17-05. Resolution 16-05 pertains to participating in a dispute resolution proceeding with Palm Beach County, and if there is no success, authorizing the filing of a Petition challenging the financing of the County Dispatch Service with County-wide revenues, including those collected in Delray Beach. The City would participate with the City of Boca Raton. Attachments Cc: Chevelle Nubin, City Clerk Diana Grub Frieser, City Attorney of Boca Raton Jamie Cole, Esq. 8N , RESOLUTION NO. 16-05 A RESOLUTION OF THE CITY OF DELRAY BEACH STATING THE CITY'S INTENT TO INITIATE THE CONFLICT RESOLUTION PROCEDURES OF CHAPTER 164, FLORIDA STATUTES, REGARDING A CONFLICT WITH PALM BEACH COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE WHEREAS the City Council of the City of Delray Beach desires to initiate the conflict resolution procedures of Chapter 164, Florida Statutes, also known as the Florida Governmental Cooperation Act, with regard to a conflict with Palm Beach County ("County") concerning the funding of the County's fire rescue dispatch system (the "County Dispatch System") through countywide revenues and the potential imposition of the County Dispatch System upon the City of Delray Beach (the "City"); WHEREAS the County operates its countywide fire rescue dispatch system (the "County Dispatch System") to handle all incoming 911 calls from the County's unincorporated areas (and from municipalities that contract to use the County Dispatch System); WHEREAS the County Dispatch System is a service and/or program that has been rendered specifically for the benefit of the property and or residents in unincorporated areas of the County (and from municipalities that contract to use the County Dispatch System); WHEREAS the City operates its own independent dispatch system that provides direct fire rescue dispatch services within the City (the same type of services that the County Dispatch System provides) and provides direct police dispatch services (something the County Dispatch System does not do); WHEREAS the City has not utilized, and does not intend to utilize, the County Dispatch System; WHEREAS the County, on 2004, approved its budget for the 2005 Fiscal Year, which provided that approximately $3.2 million of countywide revenues will be utilized to fund the County Dispatch System; WHEREAS such general funds consist of County revenue derived from all of the County's residents even though the residents and properties within the City do not utilize or derive any benefit from the County Dispatch System; WHEREAS The County's Dispatch System is duplicative and does not provide a real and substantial benefit to the taxpayers in the City (who are already paying the City to provide the same services); Res. 16-05 WHEREAS the funding of the County's Dispatch System through countywide revenues amounts to double taxation in violation of Article VIII §1 (h) of the Florida Constitution and Section 125.01 (6) and (7), Florida Statutes; WHEREAS the City, contemporaneously with the instant resolution, passed another resolution pursuant to Section 125.01 (6), Florida Statutes, identifying the County Dispatch System as being financed from countywide revenues and being rendered specifically for the benefit of the county's unincorporated areas; WHEREAS the City passed a resolution pursuant to Section 125.01 (6), Florida Statutes, authorizing the filing of a petition to the Board of County Commissioners for Palm Beach County relating to the improper financing for the County Dispatch Service; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS, Section 1. The City Commission of the City of Delray Beach hereby declares its intent to initiate the conflict resolution procedures of Chapter 164, Florida Statutes with regard to a conflict with the County regarding the funding of the County Dispatch Service through countywide revenues. Section 2. The issues of conflict with the County regarding the funding of the County Dispatch Service, sought to be resolved are: (a) The County cannot fund the County Dispatch Service with countywide revenues derived from the County's residents, including those residents in the City; (b) The City does not derive any real and substantial benefit from the County Dispatch System; and (c) The County must reimburse the City for the City's proportionate share of the County's past expenditures of countywide funds for the County Dispatch Service. Section 3. The City Clerk is authorized and directed, within 5 days of the passage of this resolution, to provide a letter and a certified copy of this resolution by certified mail, return receipt, to the Manager of the County. Section 4. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section 5. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 6. This resolution shall take effect immediately upon adoption. Res. 16-05 PASSED AND ADOPTED by the City Commission of the City of Delray Beach this day of , 2005. CITY OF DELRA Y BEACH, FLORIDA ATTEST: MAYOR City Clerk Res. 16-05 RESOLUTION NO. 17-05 A RESOLUTION OF THE CITY OF DELRA Y BEACH AUTHORIZING, PURSUANT TO SECTION 125.01 (6)(a), FLORIDA STATUTES, A PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY PERTAINING TO THE FUNDING OF ITS COUNTYWIDE DISPATCH SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE. WHEREAS Palm Beach County (the "County") operates a fire rescue dispatch system (the "County Dispatch System") to handle all incoming 911 calls from the County's unincorporated areas (and from municipalities that contract to use the County Dispatch System); WHEREAS the County Dispatch System is a service and/or program that has been rendered specifically for the benefit of the property and residents in unincorporated areas of the County (and from rnunicipalities that contract to use the County Dispatch System). WHEREAS the City operates its own independent dispatch system that provides direct fire rescue dispatch services within the City (the same type of services that the County Dispatch System provides) and provides direct police dispatch services (something the County Dispatch System does not do); WHEREAS the City has not utilized, and does not intend to utilize, the County Dispatch System; WHEREAS the County, on , 2004, approved its budget for the 2005 Fiscal Year, which provided that approximately $3.2 million of countywide revenues will be utilized to fund the County Dispatch System; WHEREAS such general funds consist of County revenue derived from all of the County's residents even though the residents and properties within the City do not utilize or derive any benefit from the County Dispatch System; WHEREAS the County's Dispatch System is duplicative and does not provide a real and substantial benefit to the taxpayers in the City (who are already paying the City to provide the same services); WHEREAS the funding of the County's Dispatch System through countywide revenues amounts to double taxation in violation of Article VIII §1(h) of the Florida Constitution and Section 125.01 (6) and (7), Florida Statutes; WHEREAS Section 125.01(6)(a), Florida Statutes, provides that the City, by resolution, may identify a service or program rendered specifically for the benefit of the property or residents in the County's unincorporated areas and financed from countywide revenues and petition the County to develop an appropriate mechanism to finance such activity for the ensuing fiscal year; Res. 17-05 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission of the City of Delray Beach hereby identifies the County Dispatch System as a program that is financed from countywide revenues, is rendered specifically for the benefit of the county's unincorporated areas and does not provide a real and substantial benefit to the taxpayers in the City (who are already paying the City to provide the same services). Section 2. The City Commission of the City of Delray Beach hereby declares its intent to initiate the procedures of Chapter 125.01, Florida Statutes, to have the County develop an appropriate mechanism to finance the County Dispatch Service. Section 3. The City Attorney (and/or her designee) is authorized and directed to provide a copy of this resolution and a petition for relief in substantially the form attached hereto by certified mail, return receipt, to the Board of County Commissioners for Palm Beach County. Section 4. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section 5. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 6. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this day of , 2005. CITY OF DELRAY BEACH, FLORIDA ATTEST: MAYOR City Clerk Res. 17-05 CITY OF BOCA RATON, Petitioner, vs. PALM BEACH COUNTY, FLORIDA, Respondent. / CITY OF BOCA RATON'S PETITION PURSUANT TO SECTION 125.01(6). FLORIDA STATUTES Petitioner, City of Boca Raton ("Boca Raton"), pursuant to- Section 125.01(6), Florida Statutes, hereby submits the instant petition to the Board of Commissioners of Palm Beach County (the "County") based upon the inappropriate funding of the County's Fire Rescue Dispatch System (the "County Dispatch System") from countywide revenues to find an appropriate mechanism to fund the County Dispatch System and states: Overview The County cannot use its countywide revenues to fund its County Dispatch System. The taxpayers within Boca Raton, who already pay for and receive their own dispatch services from Boca Raton, do not utilize the County Dispatch System, and therefore they do not receive any benefit, let alone a "real and substantial" benefit, from the County Dispatch System. Thus, the use of countywide revenue to fund the County Dispatch System violates Section 125.01(6) and (7), Florida Statutes, and also amounts to double taxation in violation of Article VIII & l(h) of the Florida Constitution. Accordingly, the County must find an appropriate alternative funding source for the County Dispatch System. The County Dispatch System 1. The County utilizes the County Dispatch System to handle all incoming 911 calls from the County's unincorporated areas (and from municipalities that contract with the County to use the County Dispatch System). Boca Raton's Dispatch System 2. Boca Raton does not utilize the County Dispatch System because Boca Raton has its own dispatch system. 3. As recently as 2000, Boca Raton spent over $8 million in upgrading, developing and constructing its current dispatch system, which contains state-of-the-art technology and equipment. Boca Raton expends approximately $2 million on an annual basis to maintain and provide its dispatch system to its residents and properties. 4. When someone places a 911 phone call from Boca Raton, the phone call goes directly to Boca Raton's unified dispatch system. If the call relates to a fire or medical emergency, Boca Raton's dispatch directly dispatches the appropriate Boca Raton fire rescue and/or emergency medical services personnel. If the emergency is related to crime or police related matters, Boca Raton's unified dispatch directly dispatches the appropriate Boca Raton police personnel. 5. Thus Boca Raton's dispatch system perfonns the same functions as the County Dispatch System, and Boca Raton therefore has not utilized, and does not intend to utilize, the County Dispatch System. 6. Boca Raton's dispatch system has numerous backup systems in place in the event that Boca Raton's dispatch system goes down. Furthennore, Boca Raton has numerous 2 emergency rerouting systems in the event that Boca Raton's backup systems fail. The first rerouting system is to the City of Delray Beach's dispatch system and then to the Palm Beach County Sheriff's Office. Since the installation of Boca Raton's upgraded dispatch system in 2000, there has not been a situation where these backup and rerouting systems have failed. Fundin!! for the County Dispatch System 7. For the 2004 Fiscal Year and for years prior thereto, the County funded the County Dispatch System from a Municipal Services Taxing Unit (the "MSTU"), and thus, the County Dispatch System was paid for by the people and residents serviced (and benefited by) the County Dispatch System. 8. In late summer 2004, the County approved its budget for the 2005 Fiscal Year. The budget provides that approximately $3.2 million from the County's general funds will be utilized to fund the County Dispatch System. This amount reflects a $2.2 million transfer from the County's general fund and an additional $976,676 that purportedly funds the "Basic Life Support" (also known as "BLS") dispatch services provided by the County. 9. Such general funds consist of County revenue derived from the County's residents, including those residents in Boca Raton, who do not utilize or derive any benefit from the County Dispatch System.} 10. The County Dispatch System is a service and/or program that has been rendered specifically for the benefit of the property and or residents in unincorporated areas ofthe County. } County fire personnel have indicated that for the 2006 Fiscal Year, the County will fund $6 million to the County Fire Rescue Dispatch Service from countywide general funds and will eliminate funding from the MSTU. 3 However, the County is utilizing countywide revenue, including ad valorem taxes,2 to provide funding for the County Dispatch System. Funding the County Dispatch System from Ad Valorem Taxes amounts to Double Taxation 11. The funding of the County's Dispatch System through countywide revenues amounts to double taxation because the County seeks to pay for (out of countywide revenues) and impose upon Boca Raton fire rescue dispatch services that are already being provided by Boca Raton to (and already paid by) Boca Raton's residents. 12. The County's dispatch expenditure is duplicative and does not provide the requisite real and substantial benefit to the taxpayers in Boca Raton who are already paying Boca Raton to provide the same services. The Constitutional and Statutory Prohibition of Double Taxation 13. In 1968, the people of the State of Florida approved Article VIII &l(h) of the Florida Constitution, which provides: TAXES; LIMITATION Property situate within municipalities shall not be subject to taxation for services rendered by the county exclusively for the benefit of the property or residents in unincorporated areas. 14. This constitutional provision prohibits the taxation of municipally-situate property by the County for any services rendered by the County "where no real or substantial benefit accrues to city property from such services." City of St. Petersburg v. Briley, Wild and Assoc., Inc., 239 So. 2d 817, 822-823 (Fla. 1970). Conversely, this provision pennits such taxation where such service is found to be of real or substantial benefit to such property. Id. 2 Approximately 13% of the County's total ad valorem taxes is from the City of Boca Raton. 4 15. Furthennore, Section 125.01(7), Florida Statutes, provides: No county revenues, except those derived specifically ftom or on behalf of a municipal service taxing unit, special district, unincorporated area, service area, or program area, shall be used to fund any service or project provided by the county when no real and substantial benefit accrues to the property or residents within a municipality or municipalities. 16. The intent of the framers of Article VIII. Section l(h) was to "prevent double taxation of municipally-situated property for a single benefit." See City of St. Petersburg v. Briley, Wild & Assoc., Inc., 239 So. 2d at 822-823. To interpret the language used in this provision to mean that the County could tax Boca Raton's residents for County imposed services that Boca Raton already provides, and for which the residents already pay, would arguably "do violence to the intent and purpose of the ftamers and of the people adopting the 1968 Constitution." Id. The Real and Substantial Benefit Test 17. In order for a benefit to be "real or substantial," there must be "a minimum level of benefit which is not illusory, ephemeral or inconsequential." See Town of Palm Beach v. Palm Beach County, 460 So. 2d 879, 881 (Fla. 1985). Thus, the issue is whether the County Dispatch System, funded by countywide revenues, including ad valorem taxes, would provide a sufficient real and substantial benefit to Boca Raton's residents such that it would survive scrutiny under the applicable constitutional and statutory limitations on the expenditure of countywide revenues. The County Dispatch System does not provide any Real and Substantial Benefit to Boca Raton 18. Under the County's adopted budget, Boca Raton's citizens will be taxed for the countywide dispatch services (which they have not and will not use) notwithstanding the fact 5 Boca Raton already has fire-rescue and dispatch services, for which its residents are already being taxed. Boca Raton's residents will not receive any real and substantial benefit from the County Dispatch System because they already have their own dispatch system and have no intention of abandoning it. 19. Countywide revenues, including ad valorem taxes, cannot be used to fund the County Dispatch System because it does not provide a "real and substantial" benefit to the taxpayers within Boca Raton, who already pay for and receive their own dispatch services from Boca Raton. Thus, the County's countywide funding of its County Dispatch System amounts to double taxation and is therefore in violation of Article VIII &Hh) of the Florida Constitution and Section 125.01(6) and (7), Florida Statutes. The City's Resolution Pursuant to Section 125.01(6). Florida Statutes 20. The instant petition has been authorized by the City under Resolution No._, pursuant to Section 125.01(6)(a), Florida Statutes. The County must file its Response to the Instant Petition within 90 days 21. Pursuant to Section 125.01(6)(b), Florida Statutes, the County must, within 90 days from the receipt of the instant petition: file a response to such petition, which response shall either reflect action to develop appropriate mechanisms or shall reject such petition and state findings of fact demonstrating that the service does not specially benefit the property or residents of the unincorporated areas 22. Accordingly, the County should develop an appropriate funding mechanism for the County Dispatch System (other than from the County's general fund) as it does not have any "real and substantial" benefit to the taxpayers within Boca Raton. 6 Respectfully submitted, Diana Grub Frieser City Attorney City of Boca Raton 201 W. Palmetto Park Road Boca Raton, FL 33432 WEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & BONISKE, P.A. Co-Counsel for the City of Boca Raton 3107 Stirling Road, Suite 300 Fort Lauderdale, FL 33312 Telephone: (954) 763-4242 Telecopier: (954) 764-7770 By: Jamie Alan Cole Florida Bar No.: 767573 Matthew H. Mandel Florida Bar No.: 147303 7 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE CITY OF BOCA RATON STATING 4 THE CITY'S INTENT TO INITIATE THE CONFLICT 5 RESOLUTION PROCEDURES OF CHAPTER 164, FLORIDA 6 STATUTES, REGARDING A CONFLICT WITH PALM BEACH 7 COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING 8 FOR REPEALER; PROVIDING AN EFFECTIVE DATE 9 10 WHEREAS the City Council of the City of Boca Raton desires to initiate the conflict 11 resolution procedures of Chapter 164, Florida Statutes, also known as the Florida Governmental 12 Cooperation Act, with regard to a conflict with Palm Beach County ("County") concerning the 13 funding of the County's fire rescue dispatch system (the "County Dispatch System") through 14 countywide revenues and the imposition of the County Dispatch System upon the City of Boca 15 Raton (the "City"); 16 WHEREAS the County operates its countywide fire rescue dispatch system (the 17 "County Dispatch System") to handle all incoming 911 calls from the County's unincorporated 18 areas (and from municipalities that contract to use the County Dispatch System); 19 WHEREAS the County Dispatch System is a service and/or program that has been 20 rendered specifically for the benefit of the property and or residents in unincorporated areas of 21 the County (and from municipalities that contract to use the County Dispatch System). 22 WHEREAS the City operates its own independent dispatch system that provides direct 23 fire rescue dispatch services within the City (the same services that the County Dispatch 24 System provides), provides direct police dispatch services (something the County Dispatch 25 System does not do), is more efficient than the County Dispatch System and has a quicker 26 response time than the County Dispatch System; 1 WHEREAS the City has not utilized, and does not intend to utilize, the County Dispatch 2 System; 3 WHEREAS the County, on 2004, approved its budget for the 2005 Fiscal Year, 4 which provided that approximately $3.2 million of countywide revenues will be utilized to fund 5 the County Dispatch System; 6 WHEREAS such general funds consist of County revenue derived from all of the 7 County's residents even though the residents and properties within the City do not utilize or 8 derive any benefit from the County Dispatch System; 9 WHEREAS The County's Dispatch System is duplicative and does not provide a real 10 and substantial benefit to the taxpayers in the City (who are already paying the City to provide 11 the same services); 12 WHEREAS the funding of the County's Dispatch System through countywide revenues 13 amounts to double taxation in violation of Article VIII § 1 (h) of the Florida Constitution and 14 Section 125.01 (6) and (7), Florida Statutes; 15 WHEREAS the City, contemporaneously with the instant resolution, passed another 16 resolution pursuant to Section 125.01 (6), Florida Statutes, identified the County Dispatch 17 System as being financed from countywide revenues and rendered specifically for the benefit of 18 the county's unincorporated areas; 19 WHEREAS the City passed a resolution pursuant to Section 125.01 (6), Florida Statutes, 20 authorizing the filing of a petition to the Board of County Commissioners for Palm Beach County 21 relating to the improper financing for the County Dispatch Service; 22 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 23 RATON: 24 Section 1. The City Council of the City of Boca Raton hereby declares its intent to 25 initiate the conflict resolution procedures of Chapter 164, Florida Statutes with regard to a 26 conflict with the County regarding the funding of the County Dispatch Service through 2 1 countywide revenues. 2 Section 2. The issues of conflict with the County regarding the funding of the County 3 Dispatch Service, sought to be resolved are: 4 (a) The County cannot fund the County Dispatch Service with countywide 5 revenues derived from the County's residents, including those residents in the City; 6 (b) The City does not derive any real and substantial benefit from the County 7 Dispatch System; and 8 (c) The County must reimburse the City the City's proportionate share of the 9 County's past expenditures of countywide funds for the County Dispatch Service. 10 Section 3. The City Clerk is authorized and directed, within 5 days of the passage of 11 this resolution, to provide a letter and a certified copy of this resolution by certified mail, return 12 receipt, to the Manager of the County. 13 Section 4. If any section, subsection, clause or provision of this resolution is held 14 invalid, the remainder shall not be affected by such invalidity. 15 Section 5. All resolutions or parts of resolutions in conflict herewith shall be and 16 hereby are repealed. 17 Section 6. This resolution shall take effect immediately upon adoption. 3 1 PASSED AND ADOPTED by the City Council of the City of Boca Raton this_ 2 day of ,2005. 3 4 5 6 ATTEST: 7 8 9 10 11 Sharma Carannante, City Clerk 12 13 14 15 16 CITY OF BOCA RATON, FLORIDA Steven L. Abrams, Mayor R02863 COUNCIL VOTE YES NO ABSTAINED MAYOR STEVEN L. ABRAMS DEPUTY MAYOR SUSAN HAYNIE COUNCIL MEMBER DAVE FREUDENBERG COUNCIL MEMBER BILL HAGER COUNCIL MEMBER CAROL G. HANSON 17 4 RESOLUTION NO. 1 2 A RESOLUTION OF THE CITY OF BOCA RATON 3 AUTHORIZING, PURSUANT TO SECTION 125.01 (6)(a), 4 FLORIDA STATUTES, A PETITION TO THE BOARD OF 5 COUNTY COMMISSIONERS OF PALM BEACH COUNTY 6 PERTAINING TO THE FUNDING OF ITS COUNTYWIDE 7 DISPATCH SERVICES; PROVIDING FOR SEVERABILITY; 8 PROVIDING FOR REPEALER; PROVIDING AN 9 EFFECTIVE DATE 10 WHEREAS Palm Beach County (the "County") operates a fire rescue dispatch system 11 (the "County Dispatch System") to handle all incoming 911 calls from the County's 12 unincorporated areas (and from municipalities that contract to use the County Dispatch 13 System); 14 WHEREAS the County Dispatch System is a service and/or program that has been 15 rendered specifically for the benefit of the property and residents in unincorporated areas of the 16 County (and from municipalities that contract to use the County Dispatch System). 17 WHEREAS the City operates its own independent dispatch system that provides direct 18 fire rescue dispatch services within the City (the same services that the County Dispatch 19 System provides), provides direct police dispatch services (something the County Dispatch 20 System does not do), is more efficient than the County Dispatch System and has a quicker 21 response time than the County Dispatch System; 22 WHEREAS the City has not utilized, and does not intend to utilize, the County Dispatch 23 System; 1 1 WHEREAS the County, on , 2004, approved its budget for the 2005 Fiscal 2 Year, which provided that approximately $3.2 million of countywide revenues will be utilized to 3 fund the County Dispatch System; 4 WHEREAS such general funds consist of County revenue derived from all of the 5 County's residents even though the residents and properties within the City do not utilize or 6 derive any benefit from the County Dispatch System; 7 WHEREAS The County's Dispatch System is duplicative and does not provide a real 8 and substantial benefit to the taxpayers in the City (who are already paying the City to provide 9 the same services); 10 WHEREAS the funding of the County's Dispatch System through countywide revenues 11 amounts to double taxation in violation of Article VIII §1(h) of the Florida Constitution and 12 Section 125.01 (6) and (7), Florida Statutes; 13 WHEREAS Section 125.01 (6)(a), Florida Statutes, provides that the City, by resolution, 14 may identify a service or program rendered specifically for the benefit of the property or 15 residents in the County's unincorporated areas and financed from countywide revenues and 16 petition the County to develop an appropriate mechanism to finance such activity for the 17 ensuing fiscal year; now therefore 18 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 19 RATON: 20 Section 1. The City Council of the City of Boca Raton hereby identifies the County 21 Dispatch System as a program that is financed from countywide revenues, is rendered 22 specifically for the benefit of the county's unincorporated areas and does not provide a real and 23 substantial benefit to the taxpayers in the City (who are already paying the City to provide the 24 same services). 25 Section 2. The City Council of the City of Boca Raton hereby declares its intent to 26 initiate the procedures of Chapter 125.01, Florida Statutes, to have the County develop an 2 4 1 appropriate mechanism to finance the County Dispatch Service. 2 Section 3. The City Attorney (and/or her designee) is authorized and directed to 3 provide a copy of this resolution and a petition for relief in substantially the form attached hereto 4 by certified mail, return receipt, to the Board of County Commissioners for Palm Beach County. 5 Section 4. If any section, subsection, clause or provision of this resolution is held 6 invalid, the remainder shall not be affected by such invalidity. 7 Section 5. All resolutions or parts of resolutions in conflict herewith shall be and 8 hereby are repealed. 9 Section 6. This resolution shall take effect immediately upon adoption. 10 PASSED AND ADOPTED by the City Council of the City of Boca Raton this_ 11 day of 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 23 24 25 Sharma Carannante, City Clerk 26 27 28 29 30 CITY OF BOCA RATON, FLORIDA Steven L. Abrams, Mayor COUNCI(,'VotrE . YES NO ABSTAINED MAYOR STEVEN L. ABRAMS DEPUTY MAYOR BILL HAGER COUNCIL MEMBER DAVE FREUDENBERG COUNCIL MEMBER SUSAN HAYNIE COUNCIL MEMBER SUSAN WHELCHEL 31 32 33 3 CITY COMMISSION DOCUMENTATION Ox :!1 I , TO: DAVID T. HARDEN, CITY MANAGER THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT DEPARTMENT FROM: JANET MEEKS, EDUCATION COORDINATO~ SUBJECT: MEETING OF MARCH 15,2005 CONSIDERATION OF ADOPTION OF THE CHATELAINE STRATEGIC TASK TEAM NEIGHBORHOOD ACTION PLAN BACKGROUND The Chatelaine Neighborhood Action plan is the third in a series of plans taking a comprehensive approach to community building through a Strategic Task Team approach. The Chatelaine Task Team was initiated in December 2001. The team was made up of neighborhood volunteers and the City of Delray Beach Staff. Staff provides the Task Team guidance and technical assistance to identify and address neighborhood concerns. In this particular neighborhood, the residents spent 13 months discussing their concerns and could not come to a consensus of what their priorities were. Subsequently, the City put the Chatelaine Strategic Task Team Plan on hold to allow the neighborhood to work together and come back with a list of priorities. Their list of physical improvements is as follows: · New neighborhood identification signage · Entryway beautification; · Traffic calming elements; · Improved street lighting; The attached plan describes the results of various studies, actions already taken, and the plan of action for the neighborhood. Given the costs associated with the neighborhood improvements and construction logistics, the improvements for the neighborhood have been phased for implementation. Phase I will include sidewalk installation and Phase II will include the balance of the improvements. It is however, noted that the Budget for this plan is preliminary based the neighborhood wishing to move forward to have its plan approved prior to the final working drawings being completed. Staff would therefore like to reserve the rights to come back in the fall to discuss the budget if necessary. I RECOMMENDED ACTION I By motion, adopt the Chatelaine Strategic Task Team Neighborhood Action Plan. Attachments: · Budget and Action Plan 9A CHATELAINE STT COST ESTIMATES ! Item I Quantity Unit Cost Total Cost . Phase I ,Fiscal Year 2004-2005 Installation of Sidewalks ¡ 3520 lineal feet $21.30/LF $ 75,000.00 Phase II Fiscal Year 2005-2006 Front Entrance East Chatelaine Boulevard Relocate water & electrical services if needed $ 1,500.00 Construct new median; pavement narrowing; $20,000.00 sleeves for electrical & irrigation under pavement Main Entry Siqnaqe & Winq Walls $ 35,000.00 Irriqation $ 3,500.00 Landscaping $ 7,500.00 Up Liqhtinq $ 2,500.00 Message Board $ 500.00 Avenue De Gien Splitter Island Median Construction; sleeves under pavement $ 17,000.00 for irriqation %:" water service & meter $ 2,188.00 Double faced siqn Electric meter $ 5,000.00 Landscape UP liqhtinq $ 1,500.00 Irriqation $ 2,000.00 Landscaping median & trees along sides of $ 3,500.00 road Entrance West Chatelaine Boulevard (No Signa~ e) Landscaping along sides of road $ 2,000.00 Irrigation provided by adjacent property owners Round About Avenue Serrant Round About Construction; include water $32,000.00 service & %" water meter in round about; electric service & meter Irrigation $ 2,500.00 Landscapinq $ 4,000.00 Upliqhtinq $ 1,500.00 Chicane Boulevard Chatelaine (3 half-moon medians for traffic calming) Construct 3 chicanes, provide %" water service $ 26,000.00 & meter; connecting sleeves for Irrigation across the road, under pavement Irrigation/La nd scapi ng $ 8,500.00 Installation of Street Liqht $ 3,500.00 Street Lights ( Lighting updated in 1998, Need to add 4 additional poles) 4 Street Liqhts $ 12,000.00 Sub-Total $268,688.00 10% Continqency 26,868.00 Total Cost Estimates All Phases $ 295,556.00 25 , . . , ". , \'.,' I · . ,.... .. . ,". ,. .. - . . ,'.... .- . . ". . .- · . - · ...0' ..: ~. .. -. . .... . '. . .- ,..... -. ... . . . .. I· · .... . I. ..... .. ...·.1,- . . '. . . , . ........ .... ....... CHA TELAIN£ Strategic Task Team Neighborhood Action Plan 2005 City of Delray Beach Community Improvement Department 100 NW 1st Avenue, Delray Beach, Florida 33444 . .. .. \ . " : .' ø' , " : .,'. . . ::<-;'0::' i·.::~.;::: ~:.:.' . .. .. . . . '. ", .. : . . ..... . . . . !;:...... . . CHA T£LAINE Strategic Task Team Action Plan Prepared by: The City of Delray Beach Community Improvement Department In conjunction with CHATELAINE Homeowners Association City of Delray Beach Community Improvement Department 100 NW 1st Avenue Delray Beach, Florida 33444 Contact Person: Tom Meeteer, Code Enforcement Supervisor Table of Contents: I. Executive Summary....... ..........................................4 II. Strategic Task Team Approach ................................7 III. H ¡story of Area ... ........... ............... ........ ................... .10 IV. Existing Conditions . ..... ................ ........................... .16 · Data Collection · Public Education · Existing Zoning and Future Land Uses · Residential Occupancy Status · Housing and Property Values · Property Conditions · Public Transportation \f. Ac:ti()11 "lill1 .............................................................:24 · Budget · Action Plan ... Street Lights ... Traffic Calming .. Beautification .. Signage ... Sidewalks ... Property Maintenance VI. AIJIJE!l1cti)( ..................................................................4CJ · Letter · Traffic Calming Map · Sewer Map · Water map · Drainage Map · Definition of Family · Ariel of Neighborhood EXECUTIVE SUMMARY THE STUDY AREA This neighborhood Action Plan is for a subdivision known as Chatelaine. Chatelaine is bordered on the north by Lake Ida Road, to the east by Lake Worth Drainage District L-31 Canal, to the west by Barwick Road, and to the south by a single family subdivision known as Windward Palms. A location map of the subdivision is located on the next page. BACKGROUND The City of Delray Beach is a coastal community located in southern Palm Beach County. The City is approaching build-out in terms of population. Given the City's limited potential for future population growth, the City has begun to focus its attention on the revitalization and rehabilitation of areas which are in a state of decline or deterioration. In 1989, as part of the preparation of the of the Housing Element of the City of Delray Beach Comprehensive Plan, a citizen's committee evaluated neighborhoods throughout the City and categorized residential areas according to the prevailing condition of private property. The main objective of the categorization was to identify the level of need in each neighborhood, which in turn determined the strategies to be taken. Chatelaine is listed as "stable" on the Residential Neighborhood Categorization Map. There are not specific policies that address stable neighborhoods. However, over the past decade, this particular neighborhood has experienced some minor decline and could use some help in ensuring that it does not decline any further. Several years ago, the City Commission agreed that seed money needed to be set aside for those neighborhoods which are not eligible to receive funding through other means such as the CDBG (Community Development Block Grant) or a Community Redevelopment Area where revitalization dollars could be spent. It was through a City Commission initiative that this neighborhood was chosen for a Neighborhood Action Plan. 4 I 'I ;:!! ~ ~ 0 ; ¡i t z ~ '" m tI) ~ ~ ~ >~ ~ :<¡ " ~ ~ I Z I ... ) -( - ~I ~II z :E !;g '" '" ... -.J lr-- [Joe )'- )l Jlli!. _N W ( ~I ~ r 0 0 :r: I- () ~ » -- fo Orrl ~O Zr ~» - »Z z "'Urrl ~ I I =:!~ H G) ! I ~ L )~~_ =1 I ~) '¡iJ-] =I'! ,I I ~ -jo - -/. ' /, ~OL.L I '>-1 1-1 0 < ð /~NW 46TH '\AVE--.J ~ I I JIg ~} "I '7 tr~ :©~ -~fEmttEB.. 45TH DR. '--- ~ oL I ~ 1/ --I~I ~I-- ~l '" ~ r= ~ --I ~ ..,1-- z ,l(~"m." 1 0 · ~ J---, - 51 BAR --"\ I l h .I J ð I T) ~ . "-'- 0:7 ~ tI />.." I - · = - ' --'b ¡¡; "Ä:=. -. ~ IT, / r I o '<Y 0 _ ~ =1- ;l----1rt HA MWi"""'- ~ ~ LJ _"" ) .~ 8 ~O~ ì>f--. '- --<Ò Eft II ,- % - · --1 l~ 1 _ <&~ = =i /~ 153/11 l "''-I,¡I\ ~ m..~- ~ '-.. ~ ~"'_ 1 f-- ~ f .... :mid .,- L "'~ ~ ~~ = ."" I ,~- C) (%1- '1 < ~JI'" c "- J ~ 0~ ':::: ::j_ ~~ =; t ~ 0 it -., I EB - I~ r \ -IV¿ ,.0 ~fTì ... EB EB -, C' î\ -V <./ o~ EBEB .~~. 1 --- I oi!c ..., -0- I ~ / / \ JJ ~ ~ = (iìil' /9\ EE ~ H--~==: r \--~-I 'NW rJ '0 I~ e- ----< -' I '-~c-- "m,~ EE 2i! r-m I-- 81..-\ ~ I.- ,;; - \~] --- r;j rn _ r./ -F-. f----- EB _' -', ~ '-%b.- EB I _ ~ / ,,~ -r: ' ' ..-( \ "~. 'I n'-C---" -"'-'- EE ~ L 1 ~ I RI ---,' -< ,~-.- EB EB ",/:.u .LL 1] T-:G... '---. ~ ,,,",,~ - tb _EB EBEB L I I I I hJ I II I I 1-\-- ~NAL L 31 I ~ LA~ENCE ¡ - ., I I g r 0 ~AD - z"-L I I I _~ ~ ~ T \~~ ==~NW 32NDAVE ~z N I~ ~ ~ I-- _ ,L z ¡ '" -= - 8~ ~I ~' I "~ d)'~ "Y~~?c;ô tj 1 -c '" DODD}, ~ L---',- i .~ or¡~~~~~ODI r ~ I T j ~ 0 DOOtl?D ~ p;J~~APPER WAY !,~W ~D,n,D/\[DD L n n! iD -/ / - 46TH AVE r - ¿ ~ ~ -~ ~O - ~ ) ì j ==. I ---~ " '" ~ I - .c u RJ o l- e. e. cs: E RJ cu I- ~ U) RJ I- u .- en cu ...., RJ I- ...., U) STRATEGIC TASK TEAM APPROACH Chatelaine is the third subdivision in a series of Neighborhood Action Plans taking a comprehensive approach to community building through a Strategic Task Team. Redevelopment only occurs in residential areas where the residents themselves come to consensus and promote the work on the rebuilding campaign. Community rebuilding or building must begin with those who live in the area or have reason to invest in the area. Generally, those who live in the area do not have the wherewithal to begin the initiation of these efforts. Therefore, governments or foundations with the ability to draw together resources must start the process. The Strategic Task Team approach is designed around four criteria: · A defined geographic area; · An understanding of the residents' needs; · All City Departments contribute; · Full participation by property owners. The role of the Strategic Task Team includes community collaboration, conducting or commissioning a comprehensive study of the area, strategic implementation, making sure everyone understands the big picture, keeping everyone who commits to the plan accountable, and ensuring the process develops guardians so the results will be maintained. To ensure the initiative is managed, it is necessary that the Strategic Task Team be established before resources are committed. The Team is usually comprised of a majority of neighborhood residents who are provided guidance and technical assistance from City staff. The Strategic Task Team Process: The Strategic Task Team (SlT) process from start to finish can take up to four years. The first step in the process is for the residents to identify the issues and problems facing their neighborhood whether they are physical or social issues. Staff provides technical assistance to the neighborhood to analyze the issues identified and come up with a priority list for action and implementation. If it is a social issue, such as loitering, the Police Department provides its technical expertise in helping the residents establish ways to overcome the problem. If it is a physical improvement such as traffic calming, the Engineering Department conducts a study and determines where the traffic calming elements should be located in the neighborhood. In some instances, 7 the problem is only perceived and needs no further action. In other instances, the cost may be too great and not obtainable through an action plan. This part of the Strategic Task Team process can be lengthy and can take up to a year or more for everyone residing in the neighborhood to come to a consensus. In this particular neighborhood, the residents spent 13 months discussing their concerns and could not come to a consensus of what their priorities were, which may have been due in part to the leadership in the neighborhood. Subsequently, the City put the Chatelaine STT Plan on hold to allow the neighborhood to work together and come back with a list of priorities (see letter attached in Appendix). Once a priority list is agreed upon, City staff generates working drawings to determine the final budget for improvements and the STT plan is written. However, in this instance, Chatelaine felt they had waited long enough and requested that their plan be approved by the City Commission prior to the working drawings being completed. Therefore, the budget contained herein is only an estimate. Staff would like to reserve the right to come back to the Commission to discuss the budget if necessary once the final drawings are completed. The working drawings for the traffic calming elements and final landscape plans are anticipated to be completed some time this fall. The construction of the improvements in Chatelaine will be conducted in two phases. The first phase containing the sidewalks will be completed before the end of this fiscal year (2004/2005) and Phase II (the balance of the work) will begin in fiscal year 2005/2006. THE STRATEGIC TASK TEAM PARTICIPANTS: Neiahborhood ParticiDants: Jayne King Alice Finst Cliff Durden Cynthia Green Pat Duncan Alicia Hassan Alex and Minerva Yanes Jean Mathias Chesnel Medastin Rousseau Desulme Ariel and Marie Dommond Oracin Petit 8 Cleve Kenard and Sulukilddeir Gilbert Fritts Çitv Staff: Lula Butler, Director Community Improvement Tom Meeteer, Code Enforcement Supervisor Susan Passero, Code Enforcement Officer Jennifer Buce, Code Enforcement Representative Lieutenant Charles Stravino, Fire Department Officer Jimmy Horrell, Police Department Captain Hartmann, Police Department Sergeant Bill Smith Police Department Randal Krejcarek, City Engineer Janet Meeks, Education Coordinator Nancy Davila, Horticulturalist Chatelaine Main Entrance from Lake Ida Road 9 ra CIJ l- ce 'I- o > I- o ..., (ft .- :r: History of the Area Chatelaine subdivision was originally part of a larger tract (approximately 275 acres) that was owned by the Bati-Fleming Development Corporation. On January 25, 1971 the subject property was voluntarily annexed into the City via Ordinance # 3-71 and was given an initial zoning designation of R- l-A (Single Family Residential). The 275 acres included all of the property located north of Windward Palms, east of Barwick Road, south of the Lake Worth Drainage District L-30 Canal, and west of the Lake Worth Drainage District L-31 Canal to Rainberry Bay subdivision's western property line. Fifty-five (55) of the 275 acres was platted on July 9, 1971, and is known as Plat No.1 Chatelaine. The Chatelaine plat includes 201 single family lots and Parcel "A" . The plat did not include dedication language for Parcel A, but it appeared by the plat that this parcel was to be utilized for common open space. Chatelaine contains 8 Blocks with various numbers of lots in each Block in addition to Parcel A (See Plat Map on Page 14). The lots vary in size but the average size lot is either 75' wide by 100' deep or 65' wide by 100' deep. The subdivision has three ingress/egress points, two of which take access from Lake Ida Road and one that takes access from Barwick Road. On July 20, 1971, Reservations and Restrictive Covenants were recorded for the subdivision. The language in the Restrictive Covenants stated that they are to run with the land and be binding upon all parties and all persons owning lots in the subdivision until January 1, 1999. The purpose of the Restrictive Covenants was to insure a high standard by the Developer to control the buildings, structures and other improvements placed on each lot and it provided for a committee to continue the function after relinquishment of control by the Developer. The documents go on to say that after January 1, 1975, the Developer shall be incorporated as a non-profit Florida Corporation to continue the work of the architectural control committee created by the Developer. The non-profit corporation shall operate as a Homeowners Association (HOA) charging dues for voluntary membership. It was also to establish an architectural control committee to continue the work initially established. Some time in the mid-1970 the Homeowners Association was incorporated and was known as the Homeowners' League of Chatelaine. On September 13, 1971, the City Council approved a site plan which allowed the construction of a recreation facility on Parcel "A". The site plan included a 2,079 square foot recreation building, 26 space parking lot, two tennis courts and a swimming pool. All of these improvements were constructed. 11 Within the R-I-A Zoning District, the minimum floor area is 1,000 sq. ft. In 1976, 158 lots had homes built on them with most of the floor areas containing at least 1,500 square feet. As a new developer was purchasing the balance of the vacant lots, there was a concern among the existing homeowners that the new developer would build homes with the minimum square footage allowed in the district that may have created an overall decrease in property values within the neighborhood. The president of the Homeowner's League of Chatelaine requested that the City consider rezoning Chatelaine to a new residential zoning category that contained a larger minimum square foot requirement than 1,000 square feet. However, other residential zoning districts that set the minimum square footage greater than 1,000 square feet also require larger building setbacks. If Chatelaine were rezoned to one of these existing zoning districts, there existed the possibility that some of the homes may not meet the setback requirements and would create lots with nonconforming situations. Therefore, the association requested that a new zoning district be created that would have the same setback, lot area, and lot size requirements as the R-I-A district with the exception of the minimum floor area which would be increased to a minimum of 1,500 square feet. This would create the least nonconforming situations overall in the neighborhood. While there was some concerns voiced by the residents who did not have homes meeting the 1,500 square foot floor area requirement, the majority of the neighborhood supported the change in zoning. On September 13, 1976, via Ordinance #28-76, the R-IA-B zoning district was established for the City and on April 25, 1977, via Ordinance #7-77, Chatelaine was rezoned from R-I-A to R-IA-B. In 1978, the developer requested that the Chatelaine Club House facility which is situated on Parcel "A" be turned into a health, swim and tennis club for membership only. The Planning and Zoning Board heard the request and determined that it would constitute a Major Site Plan Modification requiring City Commission approval. A formal request however was never made to the City Commission and the facility was never converted to a health club. On September 15, 1980, the City Commission approved a conditional use request to allow the establishment of a church known as The Church of God on Parcel "A" along with its attendant facilities including a Sunday school, child care and recreation component. In 1983, the church was purchased by West Side Baptist Church. On May 10, 1983, the City Commission approved a Conditional Use request to allow an expansion of the facility and additional recreational uses. However, these improvements were never installed. The 12 · Westside Baptist Church still owns and operates the church located on Parcel "A". While the files do not fully explain why in 1980, the developer sold the recreational facilitates to the Church of God, it can be surmised that the cost to maintain these facilities was expensive and there was no means in which to maintain the recreational facilities as homeowner dues were voluntary. Sign Located at Avenue de Gien and Barwick Road 13 .. _ z .. r ~ a ;!,..; ! i'~·~~:i :r:::!~š¡ p.!.i::[:! ...- z 51.:10' ¡ ~~ i °1 ~.! I ; ~i !r 1;9 ;; !: .H~ !¡ ¡i E; -; ~~ :¡ õ" ~ g= . . H i~f : I ~ ~ . i . . . s .. . . g i ~I ~ ~: E ~I~ Ii ä. ~ 1 , z " : ~ I 6 ~:o 3~~ ;: -<:I: "U '11-< m~~~¡c ~..,,-e=i~ ~ç: ~ £Î: ...m~ ~Z:... ;!I)o r IT! ~= Z -t g ~D ~ ~ g ~ Z ! ~ , , +-- ,- !~ i~' : ., ¡; ¡~ " ;¡ ;~ ! r '. ,. '. I II ., D = ~ I ~ ¡ I I ~ n . " I D ... . " .. o- S I n " " i'. ï :.. "1" - ;:; A '\ ~~'_i ""()... ,,~!o l....ì :i=: . ' ~ J;.; :¡ ~!jtfi~ ï <. I: !. ¡I! f~1"~l2 !""i,~T .! [ 1 . '" Z -t :I: fTI en ofTI µJ~ ~~ CD(/) fTI['T1 l')~ :I:Õ Z ~!'5 s::-t CD~ rt1 Z- l')(/) :I::I: ""( (')~ gm Zen -tg :<-t " .:I: 5::0 ~~ ~~ ~ N ~ (/) -t ~ 7.: -., Z N CD :I: '" '" -t CD . - - '":' ~ > >- -, r , "" '" -:; - CD :I: '" '" -t Z P N .' < <' ,- -f 0) " ..0 -r, ¡---"..- ---'--......--- ~~ on ",,-..I ! , L W D D, ,; ! 'E CANAL NO 31 - .. ~ ;\ v i ._! 0 C E S 3 -;- 4 .' ., :;) :! ~ .~ -"-----' <mr ~ ~ n ~- ~ > ~ "t: t"" ~~ ~~Z I.. 0 >;... - z - ..~J .. ~ ~ ¡ In C o .- .... .- -c c o u ~ c .- .... In .- >< w EXISTING CONDITIONS Data Collection In preparation of this plan, City staff complied a database of all the lots located within the subdivision. The primary source of the data is from the Palm Beach County Property Appraiser's 2004 tax roll. Additional information was obtained from field surveys. The information in the database includes such items as the property control number, property area, property ownership, building area, occupancy information, assessed values, and re- sale values for the past 30 years. Public Education There are three public schools that service the Chatelaine neighborhood. Banyan Creek Elementary School serves students from Kindergarten through 5th grade and has a permanent capacity of 777 students. The school's current enrollment is 758 students and is currently operating at 95% capacity. Banyan Creek is the only elementary school located in Delray Beach that houses an elementary gifted program. Enrollment relief was provided to Banyan Creek with the opening of Crosspointe Elementary school in the fall of 2002. Carver Community Middle School accommodates 6th through 8th grades and has a permanent capacity of 1,377 students. The school's current enrollment is approximately 1,368 students and is operating at 99% capacity. Major enrollment relief was provided to Carver Middle School in the fall of 2001 with the opening of the new middle school in Boynton Beach known as Odyssey. Further enrollment relief was provided to Carver Middle school with the opening of Don Estridge High Tech Middle School located in Boca Raton in 2004. Carver Middle School houses a Middle Years International Baccalaureate Magnet program. This neighborhood is also served by Atlantic Community High School, which has a permanent capacity of 1,731 students. The current enrollment is approximately 1,952 students and it is operating at 113% capacity. Enrollment relief was provided to this school with the opening of several other new high schools in the area. Atlantic High School will be relocated to a new site currently under construction, located west of Congress Avenue on the north side of West Atlantic Avenue. The new school will open in the fall of 2005. While the school was originally designed for 2000 students, the School Board made modifications in the early stages of planning to increase that number to 2,500 student stations to further provide enrollment relief to the school. At the writing of this document, the boundaries for the school are 16 under consideration. Atlantic High School will have a Construction and Finance Academy in addition to the already existing International Baccalaureate and ROTC programs. Delray Beach is the only community that has an elementary through high school International Baccalaureate program. Exiting Zoning and Future Land Uses As mentioned in the Background section, Chatelaine subdivision is zoned R- 1-AB (Single Family Residential), with and underlying land use designation of Low Density (LD). These designations allow residential development at densities of 5 units per acre or less. The R-1 zoning districts were created to provide areas of single family detached residences and to protect those areas from the intrusion of inappropriate uses. The following is a brief description of the zoning district. The R-1-AB district permits a minimum lot size of 7,500 square feet. The R- l-AB district requires a 25' front yard, 15' side street, 7 Y2' side interior and 10' rear yard setbacks. The maximum building height allowed is 35'. Accessory uses are permitted in the district includes such uses as: bird aviaries, boat docks, garages, green houses, quest cottages, playhouses, pool houses and covers, slat houses, storage sheds, tennis courts, swimming pools, and workshops. Additionally, both districts accommodate some non- residential uses that require Conditional Use approval such as: child and adult day care, group homes, churches, and limited educational facilities. 17 "" r- ~ ~Q ~ Z-i );! z-< .... "0 tz i! p¡."" '" LA (") ~ N'" ,.. Or- 'Ï! 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I 1î~'- ~ 11 zC Eft II _ ,,~ -L__"L- o' ~ 0~,~ =v:>'1<)-d BE 2 ~'= < ~ '- H"'t&~..... ~'- L- ..",., ~ ~k:J~ I-- ~ ~ In E~I-- ~ \1 I ð L- L ~ _>'- ., 0 -- . ", < 7' ;;11-- :or-- ,-õ: L- _., L- > ----j" 0'" '(Y EB I-- >-->-~ l ~~ ("') I--- [//I~ VID FR, EE ~ t- '::: r ,^J, I--\,)J / I " 'I EB L->- \,. V I I EE EB I-- L ~ <'¡ ~ SUNFLOWER .: f'ì EB EB '- rr> >-1 ~ · L- I-+- ,-;' <'i' o' _ EE 2EB f= 0 0'== ~'= - J. ~ · 'Ä: ~ Ë~==~I Ib ,-)tl~ I ~~ ¡~ EE I--- L-- -1--1 ~ zl----- N w L-I P / , >-- '-- I-- I-- ¡iil--- m~9TH AVE EE~ r-æ ~ ~~~ ,~~~I \7'iT" - If-~ EB ¡, æ _ - ì::vC- '- 0-1 --()f'- z'= -":"Î'~ì) EE 'I rl:fi), _ - i-- ~E"T"T -<~ I--- z~b :E~ - ~f-: ttJ ~ L- '---1 L- · .= 0-' EE ' I---=~ lSV3 I I sl I---::::-,:t ~- -\ EB I ~ I ,---- '" ~ f'ì, . . ~ '-"3 1- 0 -< ~ .'- ~ I V>--...PLACE TAVANT ~ .. ¡ -\ EB !±J I I 1\ "- '" ~ '" - J- EB I I III I I ~ i I~ I! I I i \ \ \ CANAL L 31 r - _ ~v.RENCE I--- JJ I g¡p--~¡n-T _ROAD >-- zN ! I I I IT _~ ,~ '~T ¡¡c _~,w 32NDAVE _ z 1--1 I NFf; '" ' I '" I I ~ Hr; z_ -q- 1--'" --<I--Hz I~ - ~U1 _ "V) - L_'" '-iJ .. "" ^ _ ~ i , ~ T "f r I I rr:::(/f'O _ _ ~ _ ~. DDDDtill':: ~ ~ ~ _ ~ Ofz Ii 30 A'Jf!r---=O OF 'I l i~; L- ~ D~6gßV~~ FI I I--I~ n~ ¡=¡:¡ '- .. - = 1 '- ~^,'rn ." l--.¡ 0 Dì DJ~¡ D 0 nnl O~// - J \) o - z. -; -(~ tI)()=C= I ....1 w o :0 ~I Residential Occupancy Status Chatelaine contains a total of 201 lots, and there are no vacant lots located in this subdivision. Of the 201 lots, 178 units are listed on the tax rolls as having a homestead exemption which equates to 88% of units being owner occupied. Of the 23 units that do not contain a homestead exemption, 2 contain landlord permits indicting that they rent their units. This leaves 21 units with an occupancy status as unknown. The City's Code Enforcement Division will send letters to these particular homeowners explaining that a landlord permit is needed if they are renting their unit. The landlord permit is $30.00 and is renewable each year. Housing and Property Values Palm Beach County property tax roll records were used as the source of the statistics for this section of the report. The records provided information on such items as the property control number, property owner, addresses, the year the house was built, the assessed value, homestead exemptions, resale prices, and how many times a home had been sold since was constructed. As stated in the background section this subdivision was platted in 1971, and by 1976, 158 lots had already been constructed or 78% of the neighborhood. The balance of the homes were sporadically built over the next 20 years. There are only 8 homes that contain the original owners. Most of the homes have been sold two and three times. While others have been sold numerous times. The resale values in this neighborhood have never been "flat" as found the Delray Shores and Rainberry Woods subdivisions. In fact they have had a steady increase in value over the years, but not at the same rate as the City as a whole until recently. The resale values were reviewed for year 2004. It was found that 15 homes had been sold with sale prices ranging from $154,000 to $220,000. This equates to a significant increase from several years ago. A majority of the homes that have been purchased over the past decade have been to an immigrant population which has changed the dynamics of the neighborhood. It is important that the immigrant population understands the importance of well maintained properties which have a direct correlation to increased property values. This in itself will be a direct benefit to all that live within the neighborhood, and help stabilize and transform the community. To help with these issues the Neighborhood Advisory Board recently hosted a series to Neighborhood Workshops that some of the residents took and received free front yard landscape designs. In fact, at the Maintenance Workshop, the Facilitator indicated that well landscaped yards 20 can increase a home value by 25%. So curb appeal has become a very important factor within neighborhoods. Property Conditions As stated in the background section of this report 80% of the homes were built in the late 1970's making the homes close to 30 years old. For the most part, the structures are kept in good condition. The roofs and exterior facades including paint are well maintained. Mail slots are located next to the front door. This eliminates street clutter, which has been an issue in other neighborhoods. The biggest visual deterrent in this neighborhood is curb appeal and the lack of lawns and foundation plantings. Nice houses - Bad Lawns 21 Public Transportation Since October 27, 1996, Palm Beach County Mass Transit System, Palm Tran, has served the Chatelaine neighborhood which is located on Route 80. There are actually two routes which service this neighborhood. Route 3 runs north and south along Military Trail and Route 80 which runs along Lake Ida Road and Barwick Road that services most of Delray Beach to the east and south. A bus stop is located near this neighborhood in the proximity of Lake Ida Road and Barwick Road. Transfer locations along the routes give passengers access to a number of destinations within Palm Beach County. In addition to Palm Tran, Tri-Rail serves residents of Delray Beach. Tri-Rail's station is located at the south end of the South County Administration Complex located south of Atlantic Avenue on the east side of Congress Avenue. 22 Route 80 Delray Crosstown via Lake Ida Rd. & Linton Blvd Revision Date: July 1.2004 LEGEND . Points of Interest Specified Times Only Roads Routes Tlmepolnts Connecting Route One-way Route Service , ~ m . ~ u '! Delray Æ $quare D1[I1 . 1 1 1 ...1 1-1 ~: as :t: ~ D 7 Delray Medical Center g Lake Ida 1 1 NW 2nd St I I I I I ~ P I T I ~I ~cc a m ran I ZI Z.c [II SFCo.ul·ntyty .: _A~I!nJip - _:- - - - 3 -' _ _ aC11 ,,..' 1 u u _u - uu u u u u' I SWI1st St I I I I I I (II' (III CDI OIl C I ~ r.!'I OIW ~ o : Lowson Blvd! SW 10th ----- fE Linton -Ger';;;n;o~~ u u u 6 i.~k; u - u u_ - - - - - - Delray CD ..... > Apts ~ 5 ~ :8 ~ ~ N Delray ~ Oaks AUdUbon en . ------ Sable Pines . SW29th St:O 1 1 CD > <C r. - 'III' ~ en cl 01 :s: ~I enl I SE .1Oth Stl D 9"' U) ::) Lindell Blvd ..., cu en -c ::J a3 -c c ra c ra - c. c o .- ..., u c( CHATELAINE STT eaST ESTIMATES Item I Quantity Unit Cost Total Cost Phase I Fiscal Year 2004-2005 Installation of Sidewalks I 3520 lineal feet $21.30/LF $ 75,000.00 Phase II Fiscal Y~ar 2005-2006 Front Entrance East Chatelaine Boulevard Relocate water & electrical services if needed $ 1,500.00 Construct new median; pavement narrowing; $20,000.00 sleeves for electrical & irrigation under pavement Main Entry Sianage & Wing Walls $ 35,000.00 Irriaation $ 3,500.00 Landscaping $ 7,500.00 Up liahtina $ 2,500.00 Message Board $ 500.00 Avenue De GI,enSplltter Island Median Construction; sleeves under pavement $ 17,000.00 for irriaation %:" water service & meter $ 2,188.00 Double faced sign Electric meter $ 5,000.00 Landscape UP liahtina $ 1,500.00 Irriaation $ 2,000.00 Landscaping median & trees along sides of $ 3,500.00 road Entrance West Chatelaine BQulevard (No SignaCle) Landscapina alona sides of road $ 2,000.00 Irriaation provided by adjacent property owners R'oùnd AliQutAvenue,Serrant Round About Construction; include water $32.000.00 service & %" water meter in round about; electric service & meter Irrigation $ 2,500.00 Landscapina $ 4,000.00 Uplighting $ 1,500.00 Chicane Boulevard Chatelaine (3 half-moon medians for traffic calming) Construct 3 chicanes; provide %" water service $ 26,000.00 & meter; connecting sleeves for irrigation across the road, under pavement Irriaation/Landscapina $ 8,500.00 Installation of Street light $ 3,500.00 Street Lights ( Lighting updated in 1998. Need to add 4 additional poles) 4 Street lights $ 12,000.00 Sub-Total $268,688.00 10% Contingency 26,868.00 Total'Cost, Estimates All Phases $ 295.556.00 25 BACKGROUND The Chatelaine Neighborhood Task Team was initiated in December of 2001. The team was made up of neighborhood volunteers and the City of Delray Beach Staff to address residents concerns and make improvements to the neighborhoods to help increase the quality of life and property values. During the initial meetings the Task Team presented a list of their needs and concerns. The Task Team identified 10 areas of concerns to be addressed through this process as follows: · Mandatory Homeowners Association/Property Standards/Code Enforcement · Traffic Calming · Sidewalks/Curbs/Landscaping · Entrance Upgrades · Perimeter Wall · Lighting Upgrades · Road Resurfacing · Stagnant Property Values · Overcrowding · Vehicle Parking The neighborhood residents and staff discussed these items as well as a list of other concerns that surfaced during the process for more than a year. Mandatory homeowners association and a perimeter wall seemed to be the most important issues to a few, but not as a whole. After 13 months of working as a task team, a consensus could not be reached. In January of 2003 the Chatelaine Strategic Task Team (STT) Action plan was suspended. It was suggested that the neighborhood independent of the City determine what the "issues" are in their community and come back with a list of key problems. In July, the Chatelaine Task Team came back with 30 items on their list that they felt were important. Once again it was somewhat disconcerting that most of the items listed were the same as when the group first met. Therefore, staff split the list into three categories: 1) Items that could be considered as part of the Action Plan; 2) Items that were homeowner issues that need to be enforced by the homeowners association as a group; and 3), Items identified but had already been addressed through the process and were eliminated from the priority list. Provided below is the priority list that the Task Team provided and the outcome of those discussions. 26 Action Plan Items to be Implemented Street Lights: The task team identified initially that lighting was an issue in their neighborhood. They requested that decorative lighting be placed along the sidewalks and on both sides of the front entrance. They requested that the existing fixtures be upgraded to a decorative light fixture and the lumens increased to 16,000. It was estimated that these upgrades would cost around $100,000. The City conducted a field survey of the street lighting in the neighborhood and found that the Chatelaine street lights were already upgraded in November of 1998. The upgrades included poles that contain Coolie hats with 9,500 lumens. However, two trouble areas were identified. A new light will be installed at the east end of Avenue de Gien (south side of the street) and one will be installed at the north end of Place Tavant (east side of the street). Staff also recommends that a new light fixture be installed on the north side of Boulevard Chatelaine next to the proposed Chicanes. It is not necessary to provide additional decorative lighting at the front entrance as the signs will contain back-lit channel letters. Further, landscape enhancement lighting will be provided in the median. Traffic Calming: A traffic study was conducted and the City Engineer has recommended that several traffic calming elements be installed throughout the neighborhood. At the main entrance into the development, the existing median island will be reconfigured and the pavement narrowed on both sides of the median from Lake Ida Road. A round-about will be installed at the intersection of Boulevard Chatelaine East and Avenue Serrant. Three Chicanes will be installed on Boulevard Chatelaine (between Place Valency and Place Chateau), and a splitter island will be installed at Avenue de Gien and Barwick Road (see Traffic Calming Map on next page). 27 . '110 II ~ II 9- I~~ I!~ ,I~; li~> 11m2 I ! I .. , ~ I n ~ ¡¡ ~ - LN LN o (J1 - N (/J -0 0 :;u ~os~~~ o - s:: » 0 O~fTlfTlZ» ~ O:;UzfTla¡ fTl - 0 fTl ~ (/J e ~ ~ ç ~ -i s:: z:;u » o:;u o M ~ z Ç) @@@@@ ¡¡ * * * ~ u; .(J1 LNOO 000 ..........00 , '1 II II II II **** * * u; .(Jl N N .þ. "-J' o.þ. (Jl .þ. 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I I fTlI I fTlI I ~I I ::E OZ OZ OZ 0» <::1 I lD fTl -C ~C '::'fTI ~Z lD lDVJ ~fTI ~fTI ~ ~ ~-I fTI ~ I I! fTl z . -~ -I . , - . Proposed Round About Boulevard ChatelaIne and Avenue Serrant Similar Round About on Island Drive ...,t_, Proposed Splitter Island to Avenue de Gein and Barwick Road Similar Splitter island at Harbor Drive 29 The median island located at the main entrance from Lake Ida Road is situated approximately 50' back from the right-of-Way. When Lake Ida Road was widened, yellow striping was provided in front of the island to direct traffic due the large area of asphalt. This aesthetically detracts from the front entrance. As part of the improvements the median island will be reconfigured by moving it closer to the intersection, and the pavement on both sides of the entrance will be narrowed. The existing sign structure is old and dilapidated and will be demolished. The median island will receive new landscaping and lighting. A new message board will be provided to post neighborhood notices somewhere near this entrance area. Beautification: Landscape upgrades will be provided at all three entrances to the neighborhood. At the writing of this report, final engineering drawings were not finished in order to generate the landscape plans. As mentioned earlier, an estimate of these costs are provided in the budget. Main Entrance from lake Ida Secondary Entrance from lake Ida Avenue De Gein and Barwick Road 30 Signage: While the Task Team requested that they receive six signs - two at each entrance. This was an unrealistic wish due to the cost associated with the construction of signage. The sign shown below will be provided on both sides of the main entrance and smaller version that is double faced will be placed within the splitter island located at Barwick Road. If the survey indicates that enough right-of-way exits along the sides of the Barwick entrance, a smaller version of the wing wall can be installed. ~ r"·' T ~.- , '" !Cbat{dal~ Sidewalk Installation: Currently there are no sidewalks located within this neighborhood. As part of the STT Plan, sidewalks will be installed along the south side of Boulevard Chatelaine and Avenue de Gien, connecting to Barwick Road and Lake Ida Road (see map located on Page 28). The sidewalks will be installed in Phase I of the plan and should be completed before the end of this fiscal year (2004/2005). Property Maintenance Program and Standards: The residents identified that overcrowding was an issue in this neighborhood which is evident with the numerous cars parked in the driveways. This may be due in part to illegal renting of rooms and large extended families living together. The homeowner association has recognized this as a major deterrent to their neighborhood and has developed guidelines and set minimum standards to deal with this issue. The Code Enforcement Division has worked with the neighborhood on an extensive basis to help identify and solve concerns that need to be addressed as part of the action plan with respect to code enforcement issues. Most frequently cited City Code violations for Chatelaine have been for: 31 · Nuisance Violations (e.g. over grown lawns, lawns requiring sod and property with litter and debris · Abandoned or junk vehicles · Illegal or improper disposal of trash and refuse · Outside Storage of discarded or abandoned junk items. · Housing Code Violations (e.g. paint, roofs, interior and exterior appearance problems · Landlord permits renewal and/or expirations The Code Enforcement Division has created a "Property Maintenance Standards" booklet for their neighborhood that will be distributed as part of this process. HOMEOWNER ASSOCIATION ISSUES: Mandatory Homeowners Association and Deed Restrictions: Creating a mandatory homeowners association was identified as one of the most important goals of this plan. As discussed in the Background section of this report, the language found in the Restrictive Covenants stated that they were to run with the land and be binding upon all parties and all persons owning lots in the subdivision until January 1, 1999, and the membership dues for the Homeowners Association would be on a vOluntary basis. While the Homeowners Association filed an extension to the documents, in order for them to stand up in a court of law, they would need to have been extended by the original developer. Therefore, the neighborhood is not currently under any deed restrictions. The neighborhood struggled with the issue of how to make homeowner association dues mandatory and make their Restrictive Covenants binding. The City invited an attorney (Mr. Backer) that specializes in homeowner association law to speak to the Task Team. He spent several hours with the group answering all of their questions and the bottom line was that at this point it would be almost impossible to require anything mandatory unless they could get 100% participation of the neighborhood. Control Level of Occupancy in Homes: The Chatelaine Task Team asked the City's Code Enforcement division to prepare documents to control the level of occupancy in homes. City Staff explained to the Task team on numerous occasions that this item is not enforceable. Code Enforcement can investigate on a case by case basis a problem with overcrowding, but it must be dealt with as it pertains to the 32 Definition of family in the Land Development Regulations (see definition of Family in the Appendix). Driveway Consistency: The homeowners association would like the City to impose a rule that driveway building materials be consistent. In some instances, the original driveway was constructed with concrete and when widened, asphalt was installed as it is cheaper and easier to install. The differences in building materials are not very aesthetically pleasing. However, this is not an item that can be controlled through the City as it is not a code requirement. This item will need to be dealt with through the association by educating its residents of the importance of curb appeal. Control Rentals: The homeowners association wants owners of rental property to register with the City. The City already requires Land Lord permits through the Code Enforcement Division with an annual renewal cost of $30.00. They further request that the owners of the rental property sign a maintenance standard agreement for Chatelaine. This agreement would only be enforceable by the Association. Regulate Number of Cars in Driveways and Eliminate Overnight Parking in the Rights-or-Wav and Parking on Lawns: Regulating the number of cars allowed to be parked in the driveway has been brought up as an item of concern with each SlT plan. Unfortunately, the City does not have a code requirement to regulate the number of cars in the driveway. This would be a difficult task based on the different sizes of families and their personal needs for transportation. Actually, Chatelaine is in a better situation than most other neighborhoods. The subdivision contains large lots and long driveways which allow the cars to actually be parked in the driveways versus on the sod or within the rights-of-way. If the lawn becomes dead from excessive parking, Code Enforcement can cite the property owner for this violation. 33 Maintenance of Private Property: The homeowners association would like to have all property owners sign a property maintenance agreement. This type of agreement would only be enforceable by the homeowners association, as it is not required by City codes. The City did assist with the development of a "Property Maintenance Standard Guide" for the Chatelaine subdivision, which will be distributed to the homeowners. Part of the residents responsibility is to encourage exterior home improvements and encourage individuals to take pride in their private property. Neat and orderly properties go a long way for curb appeal and keeps property values at a premium. < ~ Home Improvement 34 Neighborhood Interaction and Relations: The Homeowners Association would like the City to provide the neighborhood with information about other neighborhoods and social activities that are successful so they may duplicate their efforts. They would also like the City to help them with Block parties and activities. The City has agreed that they can assist with their initiatives through the Neighborhood Program Specialist, and the Neighborhood Advisory Council provides a good opportunity for information exchange. Establish Home Improvement Contracts/Local Loans (group packaging): The Chatelaine Homeowners Association asked if the City could talk to banks and help the neighborhood get low interest loans for home improvements. It was noted however, that interest rates are at an all time low, and that the individual homeowner would get the best rates through a home equity loan or line of credit. The City does help with home improvements through its bootstrap program. In fact, the STT neighborhoods are given first priority for consideration. However, in some instances in this neighborhood, the residents have not qualified as their income is too high. Seniors/Disabled Rehabilitation Assistance: The Task Team requested that the City determine which senior and disabled property owners are in need of assistance and establish a home improvement and maintenance program. The City generally does not provide this type of service, as the State and County have assistance programs already in place for seniors and disabled persons. If the HOA wishes to adopt other assistance as a community/the City would be willing to provide guidance. However, the program would need to be administered by volunteers in the Chatelaine community. Establishing Recreation Programs: The Task Team stated that they need transportation for youths to connect with other parts of the City for recreation. Teams could be formed to compete against other neighborhoods. Other activities besides sports could be developed for residents of all ages. Palm Tran already provides public transportation in this area (see map in previous section) to transport residents to other parts of the City. In addition, the City's Parks and Recreation Department has a number of programs already in place within the western corridor. In addition, a number 35 of youth activities are provided at the 505 Teen Center. The City can provide the neighborhood with copies of the Parks and Recreation brochure that outlines all of the programs they offer or the information may be found on the City's Web Page at mydelraybeach.com. ITEMS NO LONGER OF CONCERN: Drainage: The Task Team identified that Boulevard Chatelaine West at Avenue De Gien and Avenue Montressor needed improvements in drainage. The driveway aprons needed to be paved to match the street level in order to eliminate standing water. The City Engineer conducted a drainage study in the neighborhood and determined that there was no abnormal drainage or standing water problems. All neighborhoods experience some standing water after a hard rain Road Resurfacing: The Engineering Division conducted a study of the road conditions within the subdivision. The roads were ranked into four categories (see Road Condition Map on the next page): Category A: None to Minor defects Category B: Minimal Defects Category C: Moderate Defects Category D: Moderately Excessive Defects Avenue Villandry, Avenue Montresor and Avenue de Gien have a Category A ranking. Place Valency is ranked with Category B. Avenue Chaumont, Boulevard Chatelaine, Avenue Serrant, and Place Tavant are ranked with a Category C and Place Chateau is ranked Category D. The roads that are ranked with Category C and D will be resurfaced along with the traffic calming improvements proposed in Phase II. Water Pressure: The Task Team asked the city to provide options for homeowners to improve their water pressure and to check all pipes and pressure from the City. This 36 e Illê 1111t I~~ Im~ I ~-< ~ i ~I~ II ~ I ! ï I I i ! I ~ I . DID § I !{¡ II ill IU I ~ ~ ¡; ¡; ~ ~ ~ ~¡!! ~ ~ i: n;r¡ ~ ~~ 3~ 2~ õ z ~ ~ .J ~-" iQ9 Ii ¡jtJ 6 -.. ~ ... .. ... 'K'Z :r i J D Õ ~ ¡; ~ $ Iii '¡ ø I ¡:;; " ,., .' ~ .' ~ ~ ~ rI ~ 0 c ~~ ~ ~ .. .. ... ... rI ¡:! § .. ... !:I ~ $ Ia ~ iii ;:¡ n ø :>< ;s: () » z » r œ r I VI N J L ( B Å'R W I C K RD. ---I, ,I:, ;II\II¡¡'"" <, ìØJMOO ,< ~ ~ < ~, \/ ("',"-'" ' f " " ...-I ' , ~ ~'<' bì~"" ~' y ~ . .':,/ -- ,/ _. r--t--- ',- W f--g rv' :< ~ ~ r--, - -y, ~r " , ' r1 I -.,»: -'~ :> Frt f-- f-- _ 1--- Pi", __,?W' -¡fl- f--~ I I^' V1lA~ I , r .:<>,,: :/~, ~,/, y>>: » ^ fTl Y[' J ./ L> (!7 0 » y 6 :::0 0 ¿~ » '/xv 0 ~ ~ ~ :'\ .w I . . >: îSY:~f / I I J T/~VANf ~, I II \ ,-- - (-,:¡...'~----- ;m¡n,¡ - ~ - - _"- - II -- problem was addressed by Environmental Services. In 2002, the City spent $100,000 in materials only over a six month period to help correct the water pressure problem in the neighborhood. The City replaced the service from the water main to the meter. This significantly helped increase the water pressure. If water pressure problems still exist, it is most likely due to antiquated pipes that connect the meter to the house located on private property, which would need to be replaced by the homeowner. Perimeter Wall The leaders of the Chatelaine Task Team wanted a perimeter wall installed around their neighborhood so that it would feel like a gated community. They directed staff to provide perimeter fence and landscape options that would unify the look of the subdivision along Lake Ida Road and Barwick Road. Staff provided the Team with several different options including a pre-cast wall, wood fences wood fence and landscape combinations and a PVC type of fence. The prices varied depending on the style of fencing. It was found that the current fences sit on the property line. In order to accommodate a hedge on the exterior of the fence (now required by code), the fence would need to be placed 2' inside their property lines. This would necessitate a 5' easement dedicated to the homeowners association for maintenance purposes. Further, as these improvements would be placed on private property a neighborhood assessment would need to be created to cover the costs. While a few of the members wished to pursue a perimeter wall, the majority did not. The perimeter wall became a contentious topic among the Team and was brought up at almost every meeting by a few. Staff suggested that the Task Team send a survey to those residents who lived along the perimeter rights-of-way for their input. The survey results indicated that very few homeowners were in favor of a wall or fence and did not want to be assessed. The perimeter wall issue was probably one of the driving forces that the City stopped the STT process and requested that the current leadership find a more effective method of engaging the neighbors in the decision making process so that they could come to a consensus as a group. Add Basketball Courts and Lights at Barwick Park: The Task Team requested that the City look into the possibility of providing basketball courts at Barwick Park for the youths that lived in their neighborhood. It was found that the park was created as a passive park with 38 no active components. This was based on a City agreement with the adjacent neighborhood Lake Forest. Therefore, this request was no longer pursued as part of this process. Façade Uodates: The Task Team requested that the City provide them with samples of inexpensive ideas for updating the facades of their homes similar to the historic façade poster hanging up in the Planning Department. This particular neighborhood contains many different architectural styles, and it would not be appropriate for the City to create such an item, that may then become limiting to the homeowners. Most façade updates are left up to the homeowners and are reviewed by the subdivisions Architectural Review Board. 39 >< -- -c c G) 0. 0. « [ITY DF DELRRY BERtK DElRAY BEACH ~ Ail-AmerIca City , III I! 100 N IN 1st AVENUE DELRAY BEACH, FLORIDA 3344~ 561:243-7000 January 16,2003 1993 2001 Ms. Jayne King 3400 Place Valencay De1ray Beach, FL 33445 Dear Jayne: This letter is in reference to the Chatelaine Strategic Task Team initiative. After we finished our meeting on Monday night, I was very disappointed with the fact that we were still struggling with some issues that we have been discussing for a number of months. At this point, I believe that the Chatelaine Homeowners Association's current leadership needs to find more effective methods directed at building trust and engaging your neighbors in the decision-making process. As you know, we have been working as a task team for the past 13 months. Many of the issues that we discussed in the first 2 months were brought up again this Monday evening, and it was apparent that where we thought there was consensus on issues, there is not. Therefore, I would like to suggest that your association take a few months, independent of City staff, to prepare your list of key problems and proposed solutions. We will then take that list and present it, along with you, to your homeowners association with the understanding that this will create your Neighborhood Action Plan. 0 nce completed, I c an schedule you to present your Neighborhood Action Plan to the City Commission. We would expect to hear from you by the middle of March, then we can schedule the general meeting with your subdivision prior to your fonnal presentation to the City Commission, which is anticipated to be between May and June 2003. I want to thank you for your cooperation and all the time you have spent working in this partnership. Please understand that this is the first time I have had to write such a letter. It is difficult to have to handle this situation in this manner, but I believe it is in the best interest of my staff and your committee members who have put in an equal amount of time under this initiative. @ Prmt&COrt RecyC,ec Pa;J~r THE EFFORT ALWAYS MATTERS Jayne King -2- January 16,2003 If there is any technical assistance you need, your contact person is Tom Meeteer at 243-7232. Thank you so much for your cooperation. 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LJ!II' \ ' ] _JJ.f~"" ~~QLL~~~ _lLŸ \ ~~ Cf, ~/r:j~ ~ ~ In'" ~l~ -' , []' IFI~¡; -,(f I ~~ ~GJ ~~ EiJ~-d\ ~ [ ~~~ß1êfi~'~ I ;_ N I. i iA II .- ~ ~ U~ n i I · ~ I I ~ ! I . - ·I~ . . q , 6 ... ~ w z - « ...J w I- « :r: ü .... I ~~ I ~ n i z >-'" ~I ¡,¡ ~'" èfi ~i ~ ü~ ~ I Definition of Family from the City's land Development Regulations One or more persons related by blood, marriage or adoption occupying a single dwelling unit as a single housekeeping unit and sharing common facilities. Ni addition, if the family consists of: 1 person, an additional four persons unrelated to the family shall be permitted; 2 persons, an additional three persons unrelated to the family shall be permitted; 3 person, an additional two persons unrelated to the family shall be permitted; 4 or more persons, an additional one person unrelated to the family shall be permitted. The following person or persons shall be considered as related to the family(as opposed to an unrelated person or persons) and will be counted as family members: a. A person or persons residing with the family for the purpose of adoption by the family; b. Any person or persons residing with the family at the direction of a court. Date: March 10, 2005 Agenda Item No. ~ AGENDA REQUEST Agenda request to be placed on: _X_Regular _ Special _ Workshop Consent When: March 15,2005 Description of Agenda Item: Consideration of Adoption of the Chatelaine Strategic Task Team Neighborhood Action Plan OrdinanceIResolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: }kWÞ -iQ& I City Attorney ReviewIRecommendation (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.A"4~ 11 Hold Until: O,rv I Agenda Coordinator Review: Received: Action: Approved / Disapproved hfCRA DflRAY BfACH ftfe!mÞ ~ MAR 1 - 2005 CITY MANAGER COMMUNITY REDEVELOPMENT AGENCY MEMO Date: David Harden, City Manager Diane Colonna, CRA Exeentive Director ~ ~ February 28, 2005 To: From: RE: Resolution Regarding Carver Square Acquisitions Attached please fmd a resolution adopted by the CRA board at the meeting of February 24,2005, asking the City Commission to authorize the acquisition of property in the Carver Square project area by gift, purchase, or eminent domain. The property was identified for potential acquisition in the recently adopted CRA Plan under Project 2.11 Carver Square Neighborhood. The redevelopment strategy for the area calls for the acquisition of the southern two blocks of the subdivision (Lots II through 30, shown as lots K through DD on the attached map). The acquisition is necessary in order to provide for the elimination of slum and blighted conditions through the demolition of homes that have serious structural damage due to extensive soil settlement. In order to properly remediate the soil, and to maintain the CRA's ability to redevelop the subdivision with affordable housing, it is necessary to ensure that all of the lots can be acquired. The attached resolution asks the City to authorize the CRA's acquisition of the properties, including the use of eminent domain if necessary. The CRA and the City's Community Improvement Department will work together to relocate the affected residents to suitable housing, and will provide financial assistance under the CRA's relocation policy. Please have this item placed on an upcoming City Commission agenda. Thank you for your attention to this matter. q~ 20 North Swinton Avenue ~ Delroy Beach, florida 33444 ~ Phone: 561/276-8640 ~ fox: 561/27 6·8558 ~ www.delraycra.org RESOLUTION NO. 14-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, by Ordinance No. 46-85 adopted by the City of Delray Beach, the City Commission of the City of Delray Beach, Florida, created the Delray Beach Community Redevelopment Agency; and WHEREAS, pursuant to Section 163.370(1)(e)(2) and Section 163.375, Florida Statutes, the Delray Beach Community Redevelopment Agency possesses the power to acquire by gift, purchase or eminent domain any real property within the community redevelopment area; and WHEREAS, Section 163.370(1)(e)(2), Florida Statutes, further provides that a community redevelopment agency may not exercise any power of eminent domain unless the exercise has been specifically approved by the governing body of the municipality which established the agency; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to approve or authorize the acquisition of the property hereinafter described by the Delray Beach Community Redevelopment Agency by gift, purchase or eminent domain, as set forth in CRA Resolution 05-02. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Delray Beach Community Redevelopment Agency is hereby authorized to acquire fee simple title by gift, purchase or eminent domain that certain property more specifically legally described as follows: Lots 11 through 30, inclusive, of CARVER SQUARE according to the plat thereof as recorded in Plat Book 24, Page 11 of the Public Records of Palm Beach County, Florida. Section 2. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the ,2005. day of Mayor Attest: City Clerk 2 RES. NO. 14-05 RESOLUTION NO. OS...Oêr A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY REQUESTING THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH TO AUTHORIZE THE ACQUISITION IN FEE SIMPLE TITLE BY GIFT, PURCHASE OR EMINENT DOMAIN OF CERTAIN PROPERTY HEREINAFTER DESCRIBED, FINDING THAT SAID PROPERTY IS NECESSARY FOR THE PUBLIC PURPOSE OF REDEVELOPMENT AND THE ELIMINATION OF SLUM AND BLIGHT IN ACCORDANCE WITH THE COMMUNITY REDEVELOPMENT PLAN; AND FOR OTHER PURPOSES. WHEREAS, the Delray Beach Community Redevelopment Agency has duly adopted a Community Redevelopment Plan for the area within its jurisdiction; and WHEREAS, as part of its Community Redevelopment Plan, (the "Plan"), the Community Redevelopment Agency has established goals and objectives with respect to the redevelopment of the Carver Square neighborhood; and WHEREAS, research and engineering reports for the Carver Square neighborhood indicate that at one time the area may have been a pond and later utilized as an informal dump in the 1960' s; and WHEREAS, since the mid to late 1980's, numerous homes constructed on lots in the Carver Square neighborhood have experienced settlement problems often resulting in structural damage to the homes; and WHEREAS, Delray Beach Community Redevelopment Agency desires to acquire the hereinafter described property to eliminate the condition of slum and blight caused by the soil settlement resulting in structural damage to homes and to remediate the affected soil area to provide land for future development or green space; and WHEREAS, the Community Redevelopment Agency has detennined that it is in the public's interest to proceed with the acquisition of the properties hereinafter described by gift, purchase, or eminent domain and pursuant to Chapter 163.330, et seq., Florida Statutes, being the "Community Redevelopment Act of 1969," it is appropriate to request the City of Delray Beach to authorize the Delray Beach Community Redevelopment Agency to exercise the power of eminent domain to the extent it detennines is necessary for the said acquisition of the properties described below. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Delray Beach Community Redevelopment Agency that: Section One: The City Commission of the City of Delray Beach is hereby requested to authorize the acquisition of the following real property legally described as follows: Lots 11 through 30, inclusive, of CARVER SQUARE according to the plat thereof as recorded in Plat Book 24, page 11 of the Public Records of Palm Beach County, Florida. by gift, purchase, or eminent domain as described in Chapter 163.330, et seq., Florida Statutes, being the "Community Redevelopment Act of 1969," and Chapters 73 and 74 Florida Statutes. The Delray Beach Community Redevelopment Agency shall acquire fee simple title to said property by gift, purchase, or eminent domain following the delegation of the above-described power of eminent domain. Section Two: The Board of Commissioners of the Community Redevelopment Agency hereby detennines that it is necessary to acquire the property described above pursuant to its Community Redevelopment Plan and specifically its "Carver Square Neighborhood Redevelopment" project as set forth therein. 2 Section Three: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this d-Ltf'Vday of ~ ,2005. COMMUNITY REDEVELOPMENT AGENCY -~~=- L~ Chairperson Attested by: ~ ~, Secretary 3 ,-- JI S.w. 2ND ST. LLLliL S. W. 3RD ST. ~___llIlllITTIIl____L _ _____ _ _ _.J.C N - JANUARY 2005 ~ - POTENTIAl ACQUISITION ~ RECOMMENDED AT 2-24-05 CRA MEETING a1Y Œ' DELRAY BEACH. FL PLAI'I'IING _ ZONING DEPARTMENT -- DlGtrA/.. BASE MAP S'IS1ÐI -- ®®©@@ ®@®CDQ) w . W > > « « :r: :r: l- I- ro l"- S S U) . U) PROJECT #2.11 CARVER SQUARE NEIGHBORHOOD - MAP G - NOTE: SEE REVERSE SIDE FOR LEGEND lifCRA DflRAY BfACH ~!CE1VED ~ MAR 1 - 2005 CITY MANAGER COMMUNITY REDEVELOPMENT AGENCY MEMO To: David Harden, City Manager Diane Colonna, CRA Executive Director~~~ From: Date: February 28, 2005 RE: Resolution Regarding Acquisition of Property on SW 14th Avenue The attached resolution is a request to the City to authorize the CRA to acquire a duplex located at SW 14th Avenue by gift, purchase, or eminent domain (see Lot "T" on attached map). The CRA owns the adjacent six parcels and a seventh (Lot "U") is currently under contract. The subject property is necessary in order to develop 15 affordable townhouse units on a total of 1.26 acres. The property was identified as a potential acquisition in the recently adopted CRA Plan under Project 1.3 Southwest Neighborhood Plan and Project 2.10 Affordable Housing. The duplex is one of several on this block that are owned by absentee landlords and maintained in a slum and blighted condition. One of the main priorities of the Southwest Neighborhood Plan is to address the conditions of the duplexes in this area. The construction of an affordable owner-occupied townhouse development will bring much needed improvement and stability to the SW 14th Avenue neighborhood. Numerous attempts have been made over the past year or more to contact the property owner regarding the proposed purchase, with no response. Please have this item placed on an upcoming City Commission agenda. Thank you for your attention to this matter. 9e-. 20 North Swinton Avenue ~ Delroy Beach, florida 33444 ~ Phone: 561/276·8640 ~ fox: 561/276-8558 ~ www.delraycra.org RESOLUTION NO. 13-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, by Ordinance No. 46-85 adopted by the City of Delray Beach, the City Commission of the City of Delray Beach, Florida, created the Delray Beach Community Redevelopment Agency; and WHEREAS, pursuant to Section 163.370(1)(e)(2) and Section 163.375, Florida Statutes, the Delray Beach Community Redevelopment Agency possesses the power to acquire by gift, purchase or eminent domain any real property within the community redevelopment area; and WHEREAS, Section 163.370(1)(e)(2), Florida Statutes, further provides that a community redevelopment agency may not exercise any power of eminent domain unless the exercise has been specifically approved by the governing body of the municipality which established the agency; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to approve or authorize the acquisition of the property hereinafter described by the Delray Beach Community Redevelopment Agency by gift, purchase or eminent domain, as set forth in CRA Resolution 05-01. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Delray Beach Community Redevelopment Agency is hereby authorized to acquire fee simple title by gift, purchase or eminent domain that certain property more specifically legally described as follows: Lot 5, LINCOLN ATLANTIC PARK GARDENS, according to the plat thereof as recorded in Plat Book 23, Page 226 of the Public Records of Palm Beach County, Florida. Section 2. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the , 2005. day of Mayor Attest: City Clerk 2 RES. NO. 13-05 RESOLUTION NO. O~,.O\ A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY REQUESTING THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH TO AUTHORIZE THE ACQUISITION IN FEE SIMPLE TITLE BY GIFT, PURCHASE OR EMINENT DOMAIN OF CERTAIN PROPERTY HEREINAFTER DESCRIBED, FINDING THAT SAID PROPERTY IS NECESSARY FOR THE PUBLIC PURPOSE OF REDEVELOPMENT, THE ELIMINATION OF SLUM AND BLIGHT AND FOR THE PROVISION OF AFFORDABLEIWORKFORCE HOUSING IN ACCORDANCE WITH THE COMMUNITY REDEVELOPMENT PLAN; AND FOR OTHER PURPOSES. WHEREAS, the Delray Beach Community Redevelopment Agency has duly adopted a Community Redevelopment Plan for the area within its jurisdiction; and WHEREAS, as part of its Community Redevelopment Plan, (the "Plan"), the Community Redevelopment Agency has established goals and objectives with respect to the redevelopment of the Southwest neighborhood including opportunities to provide affordable and workforce housing; and WHEREAS, the Delray Beach Community Redevelopment Agency has acquired or has under contract seven (7) lots on the east side ofS.W. 141h Avenue in the block between S.W. 1st Street and SW 2nd Street; and WHEREAS, in order to eliminate slum and blight and to provide land for affordable and workforce housing, the Delray Beach Community Redevelopment Agency desires to assemble certain lands for redevelopment as identified in its Southwest Neighborhood Redevelopment Plan; and WHEREAS, the Community Redevelopment Agency has determined that it is in the public's interest to proceed with the acquisition of the property hereinafter described by gift, purchase, or eminent domain and pursuant to Chapter 163.330, et seq., Florida Statutes, being the "Community Redevelopment Act of 1969," it is appropriate to request the City of Delray Beach to authorize the Delray Beach Community Redevelopment Agency to exercise the power of eminent domain to the extent it detennines is necessary for the said acquisition of the property described below. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Delray Beach Community Redevelopment Agency that: Section One: The City Commission of the City of Delray Beach is hereby requested to authorize the acquisition of the following real property legally described as follows: Lot 5, LINCOLN A TLANTIC PARK GARDENS, according to the plat thereof as recorded in Plat Book 23, page 226 of the Public Records of Palm Beach County, Florida. by gift, purchase, or eminent domain as described in Chapter 163.330, et seq., Florida Statutes, being the "Community Redevelopment Act of 1969," and Chapters 73 and 74 Florida Statutes. The Delray Beach Community Redevelopment Agency shall acquire fee simple title to said property by gift, purchase, or eminent domain following the delegation of the above-described power of eminent domain. Section Two: The Board of Commissioners of the Community Redevelopment Agency hereby detennines that it is necessary to acquire the property described above pursuant to its Community Redevelopment Plan and specifically its Southwest Neighborhood Redevelopment Plan" and AffordablelW orkforce Housing Program as set forth therein. 2 Section Three: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this 'Z"I-t-dayof ~ ,2005. COMMUNITY REDEVELOPMENT AGENCY By: cì)e> ~- Chairperson 1\~~:: ~AA ~ 3 ì:' - '" . - -- -- - . - -, .- -.... ~.. - - - -- ¡ I ~ I . , 1 ~ ~ 1 ~ , l · I ¡ D) ~ "/ /' F ;.- ~ G ~ CRA v '/ H ~ ~ ~ '/ J t:/ K ~ L '/M '/N GA TEWA Y MINI PARKS J --- - -- --- --- ----- - ---- ---- -~-- ----- ---- - - -- - -- -- --.- - -----. ----- --_. --- -- - - ---- 5W 1ST 5T --- ----- LJ.J > <: w > -- -- <: - - -..- ! ¡ ill,' ì I I I ~ ! ! I I I " I i I I ! I i / I ! i __ _ ___J -.- -'- ------ --- --.--- ----- ------ --- -~--.. I l- N ~ -I ---- --.-- II - -- - - ~ <: i!: ~ U CRA 3i CRA vi CRA - CRA CRA V --- _a___ ~ 1"1 .- "-- ---. ~ vi -- ---- --- ~ (f) -- -- -- S. W. 2ND ST. II II ---..-_---------- hi -~jt},- ~ JANUARY 2005 ~ . POTENTIAL ACQUISITION an OF DElRA Y BEACH, FL PLANNING .. lOle<lG DEPARnEHT -- DIGITAL S4SC IIAP SYSTEM -- ""'"""I"&~-,-,,,,,,,-::..........--,-,;,,., .._ ----- PROJECT #1.3 - S. W. NEIGHBORHOOD REDEVELOPMENT PLAN S.W. 12TH - 14TH AVENUES - MAP 8.1 - NOTE: SEE REVERSE SIDE FOR LEGEND . - --. . _ ...."''''.....v........... OJ( h1 [IT' DF DELIAY IEA[H CITY ATTORNEY'S OFFICE :'!)¡) 1\\\ Jq A.\E\lT· DELR'\Y BEACH, FLORIDA. 33444 -í LLLPHO'\F :;r, I ::'-13- ~OL)f1 . F"\C<;I\lILE "61!2/S-4755 DELRAY BEACH Writer's Direct Line' 561/243-7091 F lOll; I D ... Dad All-America City , 1111 ! DATE 1993 TO: 2001 MEMORANDUM March 9, 2005 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Contract Extension and Authorization Between the City and Bill Plum The contract between the City and Bill Plum requires the City Commission to approve, in writing, authorization for payment of amounts exceeding $10,000.00. To date, the hourly expenditures are December - $2,783.33, January - $5,433.00, and we have received a bill of $7,666.67 for February. The expenditures total $15,883.00, including the invoice for February. Please place the matter of increasing the limit in Mr. Plum's contract on the March 15, 2005 City Commission agenda. ~ cc: Bill Plum qD ~. ~ [ITY DF DELRAY IEA[H CITY ATTORNEY'S OFFICE :'()() ,\\\' I q·\VE'\TF . DELR YY BE\CH. FLORIDA 33444 I! I EPI-IO"r 56]i:'4.'-:OYo, F\CSI\IILE 561i:'78-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 F l ('- R I }... --- All-America City , , III! DATE 1993 TO: 2001 MEMORANDUM March 9, 2004 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Letter Reaardina the Alzheimer's Property As a result of my meeting with Bill Plum this past week, it was determined that a letter renewing our interest in the Alzheimer's property, setting forth prices and different proposals, may be beneficial in furthering the acquisition of the property. I have drafted the attached letter to be signed by the Mayor, if approved by the City Commission. Please place this matter of approval of the letter on the March 15, 2005 City Co ission Agenda. Cc: Chevelle D. Nubin, City Clerk Bill Plum qE March 8, 2005 Sam J. Ferreri, A1A Schenkelshultz Architecture 1300 N. Congress Avenue West Palm Beach, FL 33409 Patrick Moran, Esq. Ruden, McClosky Smith Schuster & Russsell, P.A. 200 E. Broward Bulevard, Suite 1500 Fort Lauderdale, FL 33301-1972 Kathy Kalck 3700 S.E. Jennings Road Port St. Lucie, FL 34952 Subject: Property Purchase Proposal from the City of Delray Beach Dear Mr. Ferreri, Mr. Moran and Ms. Kalck: The voters of the City of Delray Beach authorized the development of a Senior/Community Center within the City. I am, along with the rest of the City Commission, anxious to further our discussions and come to an agreement, if possible, to acquire the Alzheimer's property to establish such a facility that is acceptable to you and the City. In January, the City Manager, David Harden sent to Mark Pafford, the attached letter expressing its interest in acquiring a portion of the property located on the northwest corner of Lake Ida Road and Congress Avenue for the purpose of developing a Senior/Community Center on the site. While we did not receive a letter in response, I appreciate the graciousness of Mr. Ferreri and Mr. Pafford in discussing the matter with me, as well as meeting and discussing the matter with Bill Plum. At this time, I am authorized by the City Commission to ask you to consider one of three proposals as outlined herein: City Commission/David Harden, City Manager March 8, 2005 Page 2 Proposal #1 The City would purchase the entire site and lease back to you a portion of the property for your use as a daycare facility. The City would purchase the entire site for Four Million, Four Hundred and Fifty Thousand Dollars ($4,450,000.00), the appraised value, subject to a lease, the terms of which will be worked out with you so that the Alzheimer's Association can continue to operate the daycare facility. Proposal #2 The City would acquire the entire site for Four Million, Four Hundred and Fifty Thousand Dollars ($4,450,000.00) and make sure that the buildings currently used on site as an Alzheimer's daycare facility for persons with Alzheimer's disease remain as such with other entities or the City providing the Alzheimer's daycare component. The City would maintain the entire site. Proposal #3 The City would buy the 5.56 acre site for Three Million Five Hundred Thousand Dollars ($3,500,000) with the Alzheimer's Association remaining the owner of the 1.22 acre facility (as shown on the attachment) to maintain as an Alzheimer day care facility, with the Alzheimer Association maintaining the building and site on the 1.22 acre site. Summary Thank you, in advance, for addressing this issue and considering one of the above proposals that may be beneficial to your organization, the City and its citizens. It is my understanding that the Lattner Foundation would probably not be opposed to any of the proposals outlined above, so long as an Alzheimer's daycare facility is maintained at its current location. If the City acquires the entire property, the City would maintain the current daycare facility building (subject to lease terms if Proposal #1 is selected). If the Alzheimer's Association selects a proposal that requires them to maintain the building, the Association may be required to make a contribution in the form of an City CommissionlDavid Harden, City Manager March 8, 2005 Page 3 endowment to maintain the building, subject to approval by the Lattner Foundation. It is my understanding that the Alzheimer's Association's contribution to an endowment would not have to be for the entire cost of the Lattner's contributions to the Association, but an amount sufficient to maintain the building. I appreciate all the time you have spent on this matter. If we could receive an answer from you, in writing, soon, we would proceed to negotiate with you, present to you contracts and leases, in accordance with one of the proposals outlined above. I look forward to hearing from you, hopefully before the end of this month, as to the desires of the Alzheimer Association. Sincerely, Mayor Jeff Perlman Cc: David Harden, City Manager Susan Ruby, City Attorney Mark Pafford, Chief Executive Officer, Alzheimer's Association Bill Plum ",;:' .<:~:~~< t ;~ />",~<~.............. .1'''\. ! ... EIT' DF DELIR' BEREN DELRAY BEACH , to. I D .. td.td AlHnBlcaClty , I III! ,'",;" :,;..~ ¡ 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·581/243-7000 1993 January 3, 2005 2001 Mark Pafford, CEO Alzheimer's Association Southeast Florida Chapter, Inc. Subject: Interest of the City of Delray Beach in Purchase of Real Property from the Alzheimer's Association Dear Mr. Pafford: As you are aware, the City of DeJray Beach has established the development of a Community Center in the northwest section ofDelray Beach as a priority. The City has an interest in acquiring a portion of your property located on the northwest comer of Lake Ida Road and Congress Avenue upon terms mutually agreeable, subject to the City having completed a full analysis as to the property. In order to assess the feasibility of the City acquiring your property and utilizing the same for the Community Center, among other matters, the following tasks must be undertaken and completed prior to being able to negotiate the terms of a purchase and sale contract: 1. Survey. 2. Site plan development. 3. Title examination to determine whether or not there exists any restrictive covenants limiting the use. 4. An appraisal to provide the basis for the ultimate negotiations with respect to the purchase. The City is willing to undertake all of the above-described feasibility studies at its expense in order to arrive at a purchase offer which would then be presented to your Association. We would anticipate that this proposal may provide for common use of parking as well as common expense of the maintenance of the parking lots and landscaping on both the Community Center and the * "".rred 00 RðCycled P3{JM THE EFFORT ALWAYS MATTERS Mark Pafford, CEO January 3, 2004 Page 2 I Alzheimer's Center, with the result that the overhead costs relative to such matters would be reduced. The feasibility evaluation will require approximately one hundred twenty (120) days. Given the City's commitment to expending the time and funds necessary to accomplish the feasibility evaluation we would ask that your Association agree to refrain ftom entering into any contracts for sale of the subject property during that period, as well as providing the City a right of first refusal to be able to acquire the property from you upon the same terms as any contract which may be presented to your Association during this period which is deemed acceptable to your Association. We would look forward to further discussions with you as to the various al1emative combinations of how our joint interests might be best served. Accordingly, our goal would be to be in a position to present to you an offer for the purchase of a then defined portion of your property based upon the outcome of the feasibility studies and our ensuing discussions. We would ask that you present this matter to your Board, at your first opportunity, and if the concepts set forth herein are generally agreeable, we would prepare a mutual memorandum of understanding incorporating the above provisions. I look forward to hearing ftom you. Sincerely, ~J~ David T. Harden, City Manager cc: Susan Ruby, City Attorney Robert W. Federspiel, Esq. City Commission, City of Delray Beach , · · · It t t It · · · · · · · · þ · þ · þ þ » » » » þ þ . þ þ þ þ þ þ þ þ ~ ~ ~ ~ ~ ~ ~ Á__[)I:I?S()~ <I: CÁI?I?~ I~C. ..,' I !hl . .. . . A- d mv If r=~ I "! :::~; ]i., r . '. ..;.. 'a¡ . _ ~~.¡" , 2~t},. I:.~ I' ' i liin'~1 . ,i. ¡II.. ~ .' . i 'I . f I I <!","'- - : : .). . - ~ SITE pLÅJ.'\J , ;¡ , f," I !.' i~:,':,,"" I r Ii ¡~ II t' " ¡,', ' , I : ~ , rI - ~ -------- - -.-.. -~.-.---._---.- -~ - a , 0 I ... I J 1 . , 17 i ; ¡ :. I, t \ í :.1, I í: ~ , l ': ¡. ¡U 'it I¡ i; :1' , I 111 II! ~ I ¡ 'ii ; i :11 :11 : I . I II! v þ' ~~ vPì [IT' DF DELIAY BEA[H CITY ATTORNEY'S OFFICE :'O() '\!W h!<\VEr\U'.· DELR\Y BE\CH FLORIDA 33444 r I:LrPHO'Œ :'61/:'4,- :()lJ() . F-\C'ìI\IILE :,/í li278-4755 DELRAY BEACH F LOR I 0 ^ --.. AII·America City , III I! DATE: 1993 TO: 2001 Writer's Direct Line: 561/243-7091 MEMORANDUM March 7, 2005 City Commission David Harden, City Manager Lula Butler, Director of Community Improvement FROM: Susan A. Ruby, City Attorney SUBJECT: Bowman Settlement AQreement The City demolished buildings on properties owned by Mr. Bowman (12-43-46-18- 00-000-1060 and 12-43-46-18-00-000-1220). Mr. Bowman did not receive formal notice of the demolition on one of the properties. One demolition that was reported to occur on the 1220 property occurred on the 1060 property instead. The lien recorded on the 1060 property was $7,832.37 for two demolitions, not including interest. (Resolution 3-03). The lien on the 1220 property is $2,973.97, not including interest (Resolution 1-03). The Bowmans agree to pay $3,519.26, which is half the amount of the costs of the demolition on the 1060 property, if the City waives all costs, fees and interest that have accrued on the 1220 property and the 1060 property in excess of the $3,519.26, and provide a satisfaction of liens on both of the properties. ~~ommends the settlement agreement be accepted by ~( .his item on the March 15, 2005 City Commission agenda. SAR:ci the City. Attachment qt= IRA SCOT SILVERSTEIN, RA. (55 \ , I.. IRA SGoT ~ILVERSTEIN ATTORNEY 8< CouNSELOR AT LAw MEMBER Of' FLORIDA BAR January 24, 2005 Susan A. Ruby, Esq. City Attorney for Delray Beach 200 NW 1 st Avenue Delray Beach, Florida 33444 Re: Bowman v. City of Delray Beach Folio Numbers: 12-43-46-18-00-000-1220 12-43-46- 18-00-000-1060 Dear Ms. Ruby: In reference to the above matter, and pursuant to the parties' settlement, enclosed please find our proposed Settlement Agreement. Please review the Agreement and advise of any changes you may have prior to February 4,2005. In the event you do not have any changes to the document, please execute two (2) originals and return both to us. Upon our receipt, we will have our client execute the Agreements. Once our client has executed the Agreements, we will fOlWard an original to you along with the settlement funds. Should you have any questions, please do not hesitate to contact me. Very truly yours, IRA SCOT SILVERSTEIN, P.A. -~ ~\ J., - Ira Scot Silverstein, Esq. For the Finn ISS/cs EncI. cc: Client RECEIVED JAN 2 5 2005 C'TY ATIORNEY 500 N E 4TH STREET. SUITE 100 FORT LWDERDALE. FLORIDA 33301 PHONE (954) 764-3550 F...x (954) 764-3593 E-~l"'L 'R"~IISS[_"WYER COM SETTLEMENT AGREEMENT This Settlement Agreement (" AGREEMENT") is entered into by and between WILLIAM E. BOWMAN, JR. ("BOWMAN "); and the CITY OF DELRA Y BEACH ("CITY") or collectively referred to as the "PARTIES." WHEREAS, Code Enforcement violations had been found to exist on real property situated in Delray Beach, Palm Beach County, Florida with the following Folio Numbers: 12-43-46-18-00-000-1220; and 12-43 -46-18-00-000-1 060 ("THE PROPETRY") and WHEREAS, the City, recorded liens against the Property; and WHEREAS, the City, in enforcing, the liens, demolished the improvements on the Property; and WHEREAS, Bowman claims to have no knowledge of the original action by the City against the real property in violation of his substantive due process rights; and WHEREAS, the Parties recognize that it is in their respective best interests to resolve all pending matters, disputes, and claims relating to this matter; and WHEREAS, the Parties do hereby desire and intend to fully, finally, and completely resolve all matters, disputes, and claims relating to this matter; NOW AND THEREFORE, ìn consideration of all mutual promises contained herein, it is agreed by and between the Parties as follows: CONSIDERATION 1. BOWMAN agrees to pay to CITY the sum of three thousand five hundred nineteen dollars and twenty-six cents ($3,519.26) ("SETILEMENT FUNDS") within five (5) days from the date the last party executes this Agreement, which represents one-half (l/2) of the costs expended by the CITY to demolish the improvements on the real property with the Folio Number ending in 1060. In exchange, CITY agrees to waive all costs associated with the demolition of the improvements on the property with the Folio Number ending in 1220, and waives all interest, administrative fees, and one-half (l/2) of the costs associated with the demolition of all improvements on the real property with the Folio Number ending in 1060. Finally, CITY agrees to execute and record Satisfactions of Liens against the two (2) properties 2. The PARTIES understand, acknowledge, and agree that the consideration herein provided to them shall be in Heu of any and all other benefits to which the PARTIES may be entitled, or to which they may claim any right or entitlement. -1- 3. The PARTIES stipulate, understand and agree that each side shall bear its own fees and costs, including attorneys' fees, in this matter. 4. The PARTIES understand, acknowledge, and agree that the consideration herein provided to them, and on their behalf, constitutes adequate and ample consideration for the obligations imposed upon them by virtue of this AGREEMENT. SEVERABILITY 5. If any provision of this AGREEMENT or any part of any provision of this AGREEMENT is held invalid by a court of competent jurisdiction, such holding shall not affect the validity of any other provision of this AGREEMENT, unless such invalidated provision results in a failure of consideration, as to the AGREEMENT as a whole, to either party. ENTIRE AGREEMENT 6. The PARTIES acknowledge and agree that this AGREEMENT constitutes their entire and final understanding and agreement with respect to the subject matter hereof, and supersedes all prior or contemporaneous negotiations, promises, covenants, agreements, or representations concerning all matters directly or indirectly, or collaterally related to the subject matter of this AGREEMENT. 7. The PARTIES acknowledge, understand, and agree that nothing within this AGREEMENT can be modified, amended, or revoked except by and with the express written consent of all the PARTIES. ACKNOWLEDGMENT 8. The PARTIES hereby acknowledge that they were provided with this AGREEMENT prior to its execution; that they have been given ample time and opportunity to consult with their attorneys and legal counselors; and, that they did in fact consult with their attorneys and legal counselors prior to their execution of this AGREEMENT. 9. The PARTIES further acknowledge that they have read this AGREEMENT, and that they fully understand the contents and terms of this AGREEMENT. 10. The PARTIES further acknowledge that they have entered into this AGREEMENT willingly, freely, and voluntarily, with full knowledge of its significance, and without any pressure or coerCIOn. 11. The PARTIES further acknowledge that they have had the opportunity to negotiate and have, in fact, negotiated regarding the terms of this AGREEMENT. BINDING EFFECT 12. This AGREEMENT, and the terms, covenants, conditions, provisions, obligations, rights, and benefits of this AGREEMENT, shall be binding upon and shall inure to the benefit of -2- each of the PARTIES and their respective heirs, executors, administrators, representatives, successors, and assigns. CHOICE OF LAW 15. This AGREEMENT shall be interpreted, construed, and enforced in accordance with the laws of the State of Florida, without regard to its conflicts of laws principles. Any action to enforce the tenns of this AGREEMENT shall be in state court in Palm Beach County, Florida. All Parties hereby waive trial by jury. REASONABLE COOPERATION 16. Subsequent to the execution of this AGREEMENT, the PARTIES shall do, or shall cause their agents and attorneys to do, whatever is reasonably necessary within the contemplation of this AGREEMENT to effectuate the signing, delivery, execution, and filing of documents necessary to perform the tenns of this AGREEMENT. RULES OF CONSTRUCTION 17. For purposes of any construction of the intent of this AGREEMENT, the PARTIES intend that no party be deemed or characterized as the drafter and that construction occur without regard to any canons of construction concerning the drafter. HEADINGS 18. The headings of the sections of this AGREEMENT are inserted only for purposes of convenience and reference and shall in no way restrict or otherwise affect the construction of the terms and conditions herein. 19. This document may be executed in one or more counterparts. IN WITNESS WHEREOF, the PARTIES have made and executed this SETfLEMENT AGREEMENT on the respective dates under each signature: CITY OF DELRAY BEACH SUSAN A. RUBY City Attorney for Delray Beach 200 NW 1 st Avenue Delray Beach, Florida 33444 Telephone: (561) 243-7090 By SUSAN A. RUBY City Attorney WILLIAM E. BOWMAN, JR. _day of , 2005. _ day of , 2005. -3- MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER~~ AGENDA ITEM # q G - REGULAR MEETING OF MARCH 15. 2005 CONTRACT AWARD/MORGAN ROOFING, INC. SUBJECT: DATE: MARCH 11, 2005 This is before Commission to consider approval of a contract award to Morgan Roofing, Inc. in the amount of $142,987.00 and waive the condition set forth in the General Conditions, Article 6.1, requiring that the bonds be issued and executed by an agent with an office in Palm Beach, Dade, Broward, or Martin counties for the Old School Square Re-roofing Project. On March 2, 2005, the City opened bids for this project with the only responsive bid from Morgan Roofing, Inc. in the base bid amount of $142,987.00, and an add alternate of $337,197.00. The proposal was set up with the base bid as re-roofing the Old School Square (OSS) museum building and the add-alternate for re-roofing the municipal Golf Course Clubhouse building. Five (5) bidders attended the pre-bid conference, however, on bid day, at lease two (2) prospective bidders called with regrets on submittlng a bId, citing work load and project schedule as a conflict. Subsequent to bid, the surety furnishing the performance and payment bonds, United Fire & Casualty Company, can not obtain a local resident agent to execute the bonds. With the mcreased demand on the roofing industry, the lack of bid respondents, and the critical time line in having this building re- roofed before the next storm season, staff respectfully requests City Commission waive the local agent requirement for this particular project. Funding is available from 334-6112-572-46.12 (General Construction Fund/Old School Square Roof Repair). Recommend approval of the contract award to Morgan Roofing, Inc. for the Old School Square Re- Roofing Project. s: \Clty Clerk \agenda memos \Contract Award.Morgan Roofing OSS Re-Roofing 03.15.05 City Of Delray Beach Department of Environmental Services M E M o R A N D u M www mydelraybeach com FROM: Victor Majte TO: ger SUBJECT: OLD SCHOOL SQUARE RE-ROOFING (PIN 2005-006) Commission Agenda Item, Contract Award DATE: MARCH 7, 2005 Attached is an Agenda Request for City Commission to approve an award of contract to Morgan Roofing, Inc. for the Old School Square Re-Roofing project, PIN 2005-006. In addition, waive the condition set forth in the General Conditions, Article 6.1, requiring the bonds be issued and executed by an agent having an office in Palm Beach, Dade, Broward or Martin counties. On Wednesday, March 2, 2005, the City opened bids for this project with the only responsive bid from Morgan Roofing, Inc. in the base bid amount of $142,987.00, and an add alternate of $337,197.00. The proposal was set up with the base bid as re-roofing Old School Square museum building and the add- alternate for re-roofing the Municipal Golf Course Clubhouse building. Five bidders attended the pre-bid conference, however, on bid day, at least two prospective bidders called with regrets on submitting a bid, citing work load and project schedule as a conflict. Subsequent to bid, the surety furnishing the performance and payment bonds, United Fire & Casualty Company, can not obtain a local resident agent to execute the bonds. With the increased demand on the roofing industry, the lack of bid respondents, and the critical time line in having this building re-roofed before the next storm season, staff respectfully requests City commission also waive the local agent requirement for this particular project. A copy of the bid tabulation is attached for your review. Staff recommends City Commission award the contract to Morgan Roofing, Inc. in the amount of $142,987.00 (base bid only) for the Old School Square Re-Roofing project, PIN 2005-006. Funding is available from accounts 334-6112-572-46.12, General Construction Fundi Old School Square Roof Repair, after budget transfer. cc RIchard Hasko, Director ofESD Randal KreJcarek, City Engmeer Rafael Ballestero, Dep DIr of ConstructIon Carolanne Kucmerowskl; CIty Clerks Office Agenda File 03/15/05 FIle 2005-006(A) S \EngAdmm\ProJects\2005\2005-006\CONSTRCliagda Memo Morgan Roof 03 1505 doc Old School Square Re-Roofing PIN 2005-006 Bid Tabulation ITEM ITEM Morgan Roofing, Inc. NO. DESCRIPTION UNIT UNIT PRICE TOTAL PRICE 1 Re-Roof Old School LS Square Building $137,377.00 2 Contingency Allowance LS $5,000.00 3 Indemnification LS $10.00 4 Project Sign EA $600.00 Total Base Bid $142,987.00 1___~__J~e:~I~~;~~_~~~;;~~:_~~__l__~~_J_____________J_____________~_~~~~_J Add Alternate A1 Re-Roof Municipal Golf LS Course Clubhse Bldng $321,597.00 A2 Contingency Allowance LS $15,000.00 A3 Project Sign EA $600.00 TOTAL Add Alternate $337,197.00 1__~_~_J~~l~~_:~~_~~~;;~~~_~:__ __~~_J_____________J_____________~_~~~~_J Old School Square Re-Roofing, PIN 2005-006 S IEngAdmInIProJectsI2005\2005-006IBUDGET\bld tab xis Print Date. 3/7/2005 Agenda Item No. q C:, AGENDA REQUEST Date: March 7,2005 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: March 15. 2005 Description of item (who, what, where, how much): Award of contract to the only responsive bidder, Morgan Roofing, Inc. in the amount of $142,987 00 for the Old School Square Re-Rooflng project (museum bUilding), PIN 2005-006 In addition, waive the condition set forth in the General Conditions, Article 6 1, requiring the bonds be Issued and executed by an agent having an office In Palm Beach, Dade, Broward or Martin counties. The surety furnishing the performance and payment bonds, United Fire & Casualty Company, can not obtain a local resident agent to execute the bonds. With the Increased demand on the roofing industry, the lack of bid respondents, and the critical time line in having this bUilding re-roofed before the next storm season, staff requests City commission also waive the local agent requirement for this particular project The funding for this project will be provided from: 334-6112-572-46.12, General Construction FundI Old I School Square Roof Repair ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff reco s City Commission approve award of contract to Morgan Roofing, Inc and waiver the local bonding agent equire r project Department head signature: ~,ð-: ( $' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable): Account No. & Description See Above . Account BalanceiFqq ¡¡, 8''1 rtAd> iHd Ißd '¡4'.IÞ'.-1w ¡f. *t tMO"" Jij-JMt 1'.(/ - City Manager Review: a<J .3/ ~/¿;!:> Approved for agenda@/NO ø-1 -r:<0 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: ApprovedlDisapproved S \EngAdmm\Pro ects\2005\2005-006\CONSTRCT\agda Req Morgan Roof 03.15 05 doc ~ [IT' DF DELRAY BEA[H CITY ATTORNEY'S OFFICE :n() !\ \\ 1 '1 ·\VI· "ll . DlcLR\ '\ BEACH. FLORID.'\ 33444 Tf [¡-PHO,,£: 561':4.~-¡W):J·1 '\CSI\J[IX 561/:ï8-4755 DELRAY BEACH F LOR I D .... tae.d All-America City , III I! DATE: 1993 TO: 2001 Writer's Direct Line: 561/243-7091 MEMORANDUM March 11, 2005 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Fifth Amendment to the Block 77 Contract for Sale The CRA approved the Fifth Amendment to the Block 77 Contract for Sale last evening. The Fifth Amendment is before you for your approval as a third party beneficiary to the agreement. The agreement provides for an extension payment to the CRA of $ 764,200.00, in addition to the $180,000.00 originally agreed to, and extends the closing time to September 29th 2005 or upon proper notice; the Agreement may be extended to one year from the anniversary date of the approval of the Fifth Amendment. The previous Amendment to the Agreement extended the closing time to March 15th 2005. Attached please find the CRA backup on the matter. Please place the Fifth Amendment to the Block 77 Contract for Sale on the City Commission a enda of March 15, 2005. Attachment Cc: Chevelle D. Nubin, City Clerk Diane Colonna, Director, CRA <1~ Meeting Date: Agenda Item: March 10,2005 ~ Summary ~ Fifth Amendment to Contract - Block 77 The attached amendment to the CRA's contract with the Block 77 Group provides for a one-year extension of the contract date. The current contract expires in May of this year. The amendment would give the developer additional time to obtain the necessary City approvals and comply with conditions required of the contract. The project has been steadily moving through the various Planning and Zoning processes. Revisions to the plat are nearing completion, and building plans have been drawn up for the Block 69 parking garage. The Block 77 Group anticipates being able to close on the property by September of this year, however, in the event they are unable to do so, the amendment will give them until May 4,2006. Per this amendment, if the contract expires without closing by that date it will terminate. The amendment also includes the payment of a fee in the amount of $764,200 to the CRA in exchange for granting the extension. This fee will be paid in addition to the original $180,000 purchase price that was established for the CRA's property when the contract was first approved. The price of property in the downtown area has increased substantially in the past several years. Payment of the extension fee effectively makes the purchase price equivalent to $50 per square foot (or a total of $944,200). Another aspect of the amendment is a reduction of five (5) parking spaces in the Block 69 garage. When the final building plans for the garage were being drawn up, several spaces had to be eliminated to accommodate the necessary aisle and column dimensions. These spaces will be deducted from the allotment provided to Sun Atlantic Properties (former Grip building), not from the spaces that are available full time for public parking. Recommended Action: Approve the Fifth Amendment to the contract with the Block 77 Group as attached. Submitted By: Diane Colonna. Executive Director FIFTH AMENDMENT TO CONTRACT FOR SALE, PURCHASE AND DEVELOPMENT AGREEMENT THIS FIFTH AMENDMENT TO CONTRACT FOR SALE, PURCHASE AND DEVELOPMENT AGREEMENT ("Fifth Amendment") amending that certain Contract for Sale and Purchase dated January 11, 2000, by and between DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY, heremafter referred to as "Seller", and BLOCK 77 DEVELOPMENT GROUP, L.C., hereinafter referred to as "Buyer", IS made and entered into as of the date last executed by Buyer and Seller. WITNESSETH: WHEREAS, the parties have heretofore entered into that certain Contract for Sale, Purchase and Development ("Contract"), as amended by that certain Amendment dated the 12th day of December, 2002 (the "First Amendment") as further amended by that certain Amendment dated the 27th day of February, 2003 (the "Second Amendment") as further amended by that certain Amendment dated the 25th day of March, 2004 (the "Third Amendment") and as further amended by that certain Amendment dated the 28th day of September 2004 (the "Fourth Amendment"; the Contract and all Addenda thereto being collectively referred to as the "Contract"); and WHEREAS, the parties wish to further amend the Contract m the manner set forth in this Amendment. All capitalized terms not defined herem shall have the defmltion or meaning ascnbed to them in the Contract. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follow: 1. Section XIII, L of the Addendum to Contract, as previously amended m the Third Amendment to Contract is further amended in Its entirety to read as follows: "L In consideration of the payment by Buyer to Seller at Closing of the sum of Seven Hundred Sixty Four Thousand, Two Hundred ($764,200.00) Dollars and No/lOO (the "Extension Fee"), the Closing of the herein contemplated transaction shall be held on September 29, 2005, (the "Extended Closmg Date"). Buyer shall continue to employ reasonable dilIgence in its efforts to obtain any remaming pennits, approvals or entitlements (collectively, the "Entitlements") requisite to the development and construction of the Project. Buyer shall be prepared to Close on such earlIer date that is sixty (60) days following Buyer having obtained the last of the Entitlements upon not less than thirty (30) days nor more than sixty (60) days' prior written notice to Seller. Notwithstanding the foregoing, the Extended Closing Date shall be further extended to the one-year anniversary date ("Anniversary Date") of this Fifth Amendment on Buyer's written notice to Seller, given not less than thirty (30) days nor more than sixty (60) days' prior to the Anniversary Date. In the event the Closing shall not have occurred by the Anniversary Date this Contract shall automatically terminate, time being of the essence. The inabilIty of Buyer to obtain the Entitlements shall not be a default of this Contract. Buyer shall continue to deliver Comprehensive Progress Reports to Seller on a quarterly basis, as provided for in the llurd Amendment, reporting the status of each of the Conditions. In the event that following the Extended Closing Date, this Contract is terminated in the absence of a Closmg or permissible extension of Closing other than as a result of Buyers' default, all Deposits or other monies paid by or on behalf of Buyer to Seller, together with any interest accruing thereon shall be returned to Buyer. In the event the failure to close shall be as a result of a default or breach by either Party, the Parties shall be entitled to the remedies provided therefor in the Contract. Notwithstanding the foregomg, Buyer shall be required to payor have paid all persons who have tendered services to Buyer who have any Page lof2 Block 77 - ThIrd Amendment to Contract (SL) /3/9/05 00160/9958 FLADOCS 211566v8 lien rights as to the Property; such payment to be evidenced by Buyer obtaining paid receipts therefor and presentmg same to Seller, and Buyer shall reimburse Seller for Seller's verified expenses, if any, mcurred in the review of the Market Study and Parking Plans, as contained m the Contract up to the respective maximum amounts to follow: Market Study: $2,500.00 Parking Plan: $6,000.00 2. Section XIII, D (12) of the Addendum of the Contract is amended by the reduction of the number of full Ìlme parking spaces to be leased in the Public Parking Faclllty to Sun Atlantic Properties, LLC or its successors, or assigns (as successor-in-mterest to GRIP), from sixty (60) to fifty-five (55), which reducÌlon is consistent with the number of full Ìlme parking spaces allocated to GRIP, m the Pubhc Parking Faclhty Construction and Conveyance and Worthing Park Contribution Agreement. 3. In all other respects, the parties hereto affIrm and ratify the Contract , as hereby amended. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Contract for Sale, Purchase and Development Agreement this _ day of ,2005. Witnesses: SELLER: DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Title: BUYER: BLOCK 77 DEVELOPMENT GROUP, L C By: Print Name: Title: Page 2 of2 Block 77 . Tlurd Amendrnenllo Contract (SL) /3/9/05 00160/9958 FLADOCS 21 I 566v8 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CI1Y MANAGER crvl TO: SUBJECT: AGENDA ITEM # q I APPOINTMENT TO THE COMMITIEE - REGULAR MEETING OF MARCH. 15 2005 BOCA RATON AVIATION ADVISORY DATE: MARCH 11, 2005 Mr. Harvey Brown, regular member of the Boca Raton Aviation Advisory Committee passed away creating a vacancy. This would be for an unexpired term ending May 31, 2006. The Boca Raton Aviation Advisory Committee was created and Bylaws were adopted on June 3, 2002. The Committee shall consist of one member to represent the City of Delray Beach. This member must reside within the boundary of the appointing entity. No elected official or employee of the appointing entity shall be eligible for appointment to the Committee. No member or employee of the Airport Authority shall be eligible for appointment to the Committee. The following individual has submitted an application for consideration: Robert Conway A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and he is registered. Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat #3) to serve an unexpired term ending May 31,2006. Recommend appointment of one (1) regular member to the Boca Raton Aviation Advisory Committee to serve an unexpired term ending May 31, 2006. FROI'] : I nd '3Q VY ...,,1.,-- FA:·: 110. 561 381 -170-1 ·1ar. :;)l~2 ~L'. . - : \. C:. ¡ , 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~. ,,", ,1 .. 2005 ,"'~kLd II '~ ~ ),'~"i) ~ !, ,- -- ;\' ~ 1 ~-. -:~~ t ;>? Lr.: r'i lnfot:l:t\ÃtÍOn: 1. 2 Hcmle Addrcs/ò; (. 3. Legal Res:idc.DC:~ 4. Cil)' Fl. 5. 7. 8. :Ü~t 2.ll City Boards on \vhich you ;arc cx.1tteutly t;:¿~tlg or h;tv<;; pr¿viousLy g~~d: (Plea.se include: d.rres) A /1'TY! P' 9 11. serve on d1Ìi bo>u:d: (pIQ3~ atmœ a. brief rC5wne) L <:, ÃP.d 1 agree and llDdcat=d Ó11i.t Uly mlsstat:ement of mat~ria1 f:tcœ y caUSe forfciture upon my part of allY app0lnt:mA!nt I tn~Y =Ú".e.. , -f'- /-0 ç- DATE Note.: 1ñh õtppliçat1QQ. 'IVl11 renum OIl file ÌIl the Ciry Clerk's Office for ~ peñod of 2 yc:ar.; from th~ da:te it was sub.miUM. Tt will be the appliCa1lI'~ rq'ponsibility to cosU!:e that II. cmrent applli::::t:tion is on fi]<:_ s.crrYClI!.RJ!;\ OAUNolfLJO\TIOI< MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER t1Jv1 AGENDA I1EM # q:r- REGULAR MEETING OF MARCH 15.2005 APPOINTMENTS TO THE NUISANCE ABA1EMENT BOARD TO: SUBJECT: DA1E: MARCH 11, 2005 The tenns for Robert Gillespie, Eileen Marks, Jose Ramirez, Philip Friedman and Kenneth Kaltman will expire on March 31, 2005. Robert Gillespie and Jose Ramirez have served two (2) full terms and are not eligible for reappointment. Eileen Marks, Philip Friedman and Kenneth Kaltman have fulfilled unexpired terms, are eligible and would like to be considered for reappointment. 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 individuals 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 Kalttnan. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3) for three (3) regular members to serve two (2) year terms ending March 31, 2007 and two (2) alternate members to serve two (2) year terms ending March 31,2007. Recommend appointment of three (3) regular members and two (2) alternate members to the Nuisance Abatement Board for two (2) year terms ending March 31, 2007. John Bennett Pearl Markfield Elrod Joseph Finley Jr. Philip Friedman Kenneth Kaltman Todd L'Herrou Nicholas Loeb Eileen Marks Bryce Newell Arline Sherman NUISANCE ABATEMENT BOARD EXHIBIT "A" Retired Attorney Realtor Educator Realtor/Financial Aid Financial Manager Web Designer Real Estate Customer Service Representative/Banking Senior Account Executive/Manager Physical Therapy Manager "ffM1"lf ; , dÞ 199:3 . -.2.001- / ¿; -I-()~ - - 11el,'f\ed Aft¡ ::'< P.J.ea.se t\!Pe Q :, Ð..rÏn.t the foU~,~pa: '1: 1ast'Narijé:~6v~Err-- ,2. H~ Aaaièss% - . /37 s~æc~ AvE' . 3. Lega1'Re.síâCnce: ~ ~~~ - "A, PJineipaJ~J;Suúnei$Y Aäaieìs: ' - ': -: ~':=' Ai/A (/kI.--"'d a~~ ) _;1; -- ... ) . ~5. Home p~; .B~es$ Phone: &Ma¡fr~s: ,Cdl'PhQAC: 2- 7-t-¡--gK6o - G.J;~òfdd("'jqaa{"4 L-Jlq -816 0 '6. Are -u á reo1_5.tcied'~otQ'? "1f¡j;{J,~~uc:~u·trDistctcd?· , 1- - eFyif-S' - ','-'~"":t ,^'z>££~-v8~ ~J1: 'WQat;Boaíp(ilIR<'ŸÕu',Joter:eStcd in' serving? 'P1ë.se;~Tú)1~~il'ici~rice: , ~ ~ _" r . . ~ CITY ~ffA~~~Y: '~~QH "ØA..Þ M.'.~_j,.PØ'~liCATIO-N / -"'" .,-, ¿One J . neŒl?~e~e GJ , -'~!~ JoHN ., ,'" ~Gff:õ~; &-~ ':~~-- , ~Sœte ~ \ State Ja.:L' c- w. - '!'?4P'-~- y " ~ -r e . ~ ( "-' "'73Y~ - 7....'~ ~ - " State "7':..-'r._.J . ~__~e ~- 'Fax: 2?4-'7LS-s-' - -- ~ ~ '. -... ~ ~\,." y ~ -, ~,- - -" ,.' '. ", - . " #~-j~/v.rle~,( ~ {ð~c.1I} BÐ6--M Df--dÞffl...rk...~1- ~;Vlu!~~A~~~ Cðc<i.,;{. ~ ·8: Û$t .Il Ciq~B.o#dš;øn~w!ì:ic1Í yOu úe éuirèndy serving Ôi~'ti.Yé:prCñ~:.àVcd: (pbsc'iDd~c:da~) ,- '- -¡;ñ./-tr'J G"c/tA£-S 7h!tc ~ (wv (). 0š(~ 2.PID ~:hn7J ~_;((l.<./ OO/-C/2.. 9. EducaøonìJ quaJ!6añons: ~ ß~A-. lw/ha;t.. J".rr,~) S~h. btv-.-c... 0./~ ~ 77. Q ~~~ U"'.J~ ~ . ~~ ~ LL.Pf. Uh-,V¿T'J;t, 4- U~Jh/~f~ ,to. l1suny re1atéd'PlQfèsSional'.ëerií iations andJic~11riùdryouJ~Ø1a: , " ......~.,/ 75.4h-,-d- .,L I" ~). / - Z?=--.......- ' ~ . "1:1'. (!ive yourrprc$CDr, or·mQst~~Clit;cmRlõ~i ancl'pØßiøDi " .. UJ. NA-vYj J7J1fi'= ;fi/l)(;-..<- /!DV¡ (.A~ / ~",,~ílC. A/AWÞ2-- t5'¿{ ¡{~ GI.7¥<J~'U,.."'~;J 12. 'Dcsaitie cxpaímc:a. sJWls Oi:boWJedge wb~lnluaJify.i~ypµi!Õ-~:oø"~'~ ~~~ í ~~icsúme)' ~ d-*tdc~[ - .< , :l~~by'CCftÍfy, íh:ar.Jhl~~'abêWe ~tem~- .œ;uuci -œ}J ~i~~t!~.~{~~~I~..á~(o{rØ)_~~rlàc:ú , -containedân ~<app1iaPon ~Y.cau:sc fodcitw'C;~my fFt'o,b~i;~bl~J:I may-m:dv.c. - (L4~~ ' . ---- -~4_o~ ~I ~~ ~~. .' ~TE Note: T1ûsappliéaåon ~ remam on file in tbe'City <?Jei;1èr$~~~.&onrthe date Ït·wu- ,.,.' .Iubmiùed. It will be-the app1icant~1 responsibilicý,to~~-~~eatiQl1¡Ú on',fµc. . - ~1ØI OCT >1 2003 . CITY CLERK JOHN c. W. BENNE'IT 137 SEABRF.F.zF: 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: ) J 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 wough 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. OflRAY lEACH ....... - ~~/kr ?-tPJ-()5 ~ ...... All-AmerIca c; 'III t 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Pka$e or tÎnt the foD . infonD2åon: - 1. lAst Name:it; 1fflK. 2. jfome'þddr~s: v7, -- L:L J 30~ ~w /K-SI rTY~ 3. Legal ResidalCC: . 3 R-)/?? Z- 430~-: Add~" ~ /U, ðó WI-- f.2A-ìO/'J sFL ~ ':;1 5. Home Phon~: Business Phone: E-M2il ~je.ss:kh 1 Cell Phone: Fax: !>{,j;):-f) };7¡7 5&1 70;)..7""300 i3- J1/7 ¿,1Corn bb t7()'J.. 730D 56/()7}87A 6. Are you a registered voter? 'Z- S If so, where are you registered? z: I ¡2, 11 £LR-o '0 N.L 7. U'hat Boatd~are you interested' sCf!ing? Please list in order of preference: 1-;5 D 19-/~ Cž n-t-I n J--A-llJb ) 8 / . 9. Educ.ationa1 qualifiations: H/G-JI C;:chó<tJ 10. list an)' related professional ccrtifi 'ons and licenses w 'cb you hold: CZ-If Note: This appliaåon will rcnWn on file in the Çt~,~or a period of 2 ycan from the chte it ~s submitted. It will be the applicant', respo~ly tb' c!ñšure dut . current appliaåon is on file, K:ØYC1ØJ:\IOAAD\AIPUC411Of1 L~i~UV4 ~I;~~ CAA RESUME FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUJRER NEWSPAPER (14 Yrs) REALTOR: COLDWEIL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT: MERRI1T PARK HOME OWNER'S ASSOCIATION (4 yrs) BOARD :MEl~ER PROGRESSIVE RESIDENTS OF DELRA Y (2 YEARS) ME:tvfBER SWINW REDEVELOPMENT TASKFORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMMITTEE FOR TIIE NW/SW REDEVELOP1VŒNT TASK FORCE) MEMBER DELRA Y LOOP a..CO-MANAGED 1ROLLEYS FOR OPENING DAY EVENT b.WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING OF LOQJf»-PICKING UP GARBAGE IN SWINW SECTIONS c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCEMENTS OF TIlE FOLLOW ING WEEKS OPENING CEREMONIES l\ŒMBER FUND RAISING CO~TfEE FOR THE MILAGRO CENTER. qguu~/uu~ AlJ..llMdcaClr '1111! 1993 ' 2001 RECEIVED FEB 2 3 2005 CITY OF DELRAY BEACH v ,F. RK BOARD MEMBER APPLICATIOti\T ( (""LE ?¿~dftr" ~" ,', _ 4. .', ~3'77'i':~, '-' M.IA. ~q~3 Zip Code - ~t'L. State L DRRA'Y BEAOt '&0.... **'1":"'* " . ·Please e or rint the fonoWÏn information: '1. Last Name: t - \ V\ \.J.. 2. HomeAddress~O~\ ..) 0 -l ~~rt\ H\<¿. ct. 3. Legal Residence: ~~ ~c::. f\<boV.!L State 4. Principal Business Address: City State Zip Code 5. Home Phone: 'ð--tq'l\(o\\¡ Business Phone: E-Mail Address~ ~ Cell Phone: I 1Q(,- 4~~ - 'U3 .jAn \tyøl~SP~~M 44 {- ~òq Õ 6. Are you a registered voter? Y OS If so, where are you registered? -+ "'- ~C.IYìCl 7. 'What Board(s) are you interested in serving? Pl~e list in m:der of preference: Fax~ IfJ tiDe¿ , "<¿D\À-~{\ 8. List ~ City Boards on w 'ch you are currendy serving or have previ OJ rJu. S~ sly served: (please include dates) r\)<N\L , ,.lun\~S, '12. Describe exp 9, "'SæL {J 1ÎOle4 I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts coDt2IDoo ;" 11m ap o=ti "'" wet, 0 tnre upon my port nf =y appnUrtm=t /7/ reo :J. /7 ór DATE J , Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date it was submitted. It will be the appliamt's responsibility to ensure that a current application is on file. S'C1TYa.ERK\BOARD\APPUCATJON Curriculum Vitae Joseph A. Finley, Jr., Ph.D 3031 Jasmine Court Delray Beach, Florida 33483 Phone 561-279-4616 (Home) Phone 305-787-6170 (Work) JOSEPH Á. FINLEY, JR., Ph.D. 3031 Jasmine Court, Delray Beach, Florida 33483 (561) 279-4616 (305) 787-6170 jfinleyOl@Sprynet.com PROFESSIONAL SUMMARY · Highly motivated and accomplished professional with more than 28 years of exemplary experience; outstanding leadership with a command of the forensic science and education leadership curriculum with special expertise in exceptional student education issues. · Utilize dynamic, synergistic style in collaborating with colleagues in a team approach; considered a catalyst with keen strategic planning skills and a pragmatic, resourceful approach to responsibilities. · Lifelong advocate of continued learning and advancement; very effective in influencing the grasp of knowledge and love ofleanÍing in others. · Dedicated and involved community volunteer with demonstrated leadership. . , EDUCATION Lynn University, Boca Raton, Florida · Doctor of Philosophy, Education Leadership with a Global Perspective (2002) Dissertation: The Effects of Transition Services on the Quality of Life of Post-Secondary (0-2 years) Students with Down's Syndrome Who are Educable Mentally Handicapped Lynn University, Boca Raton, Florida · Master of Science, Criminal Justice Administration with a Concentration in Forensic Science (1999) Thesis: Geologic Material as Physical Evidence University of Miami, Coral Gables, Florida · Bachelor of Science, Geology (1974) PROFESSIONAL EXPERIENCE 2004 -Present KELLER GRADUATE SéHOOL OF MANAGEMENT, OF DEVRY UNIVERSITY, Miami, Florida Dean, Miami Center(2004-Present) JOSEPH A. FINLEY. JR. Ph.D. Pa~e Two Utilize the ability to continuously build credibility and respect into communications with students, faculty, staff and the corporate community while facilitating the admissions process to meet or exceed the detennined budget goals on a continuous basis. Demonstrate the ability to plan, organize, lead, and control an organizational unit in order to achieve objectives, while keeping the members committed and enthusiastic with regard to the University's mission and purpose. Continually respond to the requirements and needs of the students, faculty, to include new prospective candidates, staff, the corporate community and all other stakeholders in a timely and effective manner. Offer an applications-oriented undergraduate education with a balance of general education and specialized coursework to help students gain the knowledge, skills and credentials needed to meet the current and future challenges of a global economy. AB well as, offer practitioner-oriented graduate management education that focuses on the applied management and leadership concepts and skills required for success in a global economy. Provide a curriculum that is developed, tested, and continually improved through regular outcomes assessment and consultation, by my faculty and administrators, and with business leaders and other educators. To continually examine the evolving needs of the students and employees for career-oriented higher education programs as a basis for the development of additional programs. Generation of marketing plans for new recruitment and student retention, and plans documenting the strategic selection of graduate and undergraduate courses that meet the needs ofthe student population at large. Responsible for the overall financial profit margin as it relates to gross profit contributions and operational expenses at the Miami center. 1976 -2004 FEDERAL BUREAU OF INVESTIGATION, Miami, Florida Special Agent (1976-1981, FBI Laboratory Division; 1981-1982, Alexandria Field Office; 1982-1983, Pittsburgh Field Office; 1983-1996, New York Field Office; 1996-2004, Miami Office) Plan and conduct complete investigations, developing facts, obtaining infonnation and gathering supporting evidence of alleged or suspected violations, or of other matters, within the jurisdiction of the FBI. Develop and teach curriculum in the field of electronic cellular tracking and general police topics. Such work may include fonnalized classroom instruction, as well as, implementation of field techniques and application of new technical investigative techniques. fustruction of local, state, and federal law enforcement personnel in associated topics in law enforcement and leadership relating to specific needs of the individual agencies. Conduct scientific analysis of inorganic evidentiary material and provide analysis results and testimony in local, state and federal jurisdictions as an expert. fustruct at the Forensic Science Center in the analysis of geologic material as physical evidence and provide instruction to local, state and federal JOSEPH A. FINLEY1 JR.1 Ph.D. Page Three law enforcement in specifically requested and related areas. Provide counseling, planning, preventive and interdictive instruction through the Employee Program to employees and employee family members of the FBI. training models for the use by mandated employees in prevention techniques. Assistance Develop and interdiction Selected Highlights · Certified "Family Mediator" through the State of Florida Supreme Court(2{)03) Selected as "Outstanding Law Enforcement Officer of the Year," Southern Judicial District of Florida (2000) · Appointed to the Strategic Planning Development Team, National Down's Syndrome Congress (2000) Elected as the representative to the Director, FBI, on the Special Agent Advisory Committee (1999) · Implemented field training curriculum for Technically Trained Agents in the area of cellular tracking (1996) · Certified as a general police instructor~ FBI Miami (1996) · Elected President, Seton FoundationJor Learning (1994-1996) · Appointed and certified as an "Expert Witness" in the field of Forensic Geology, FBI Laboratory (1978) · Acquired multi cultural familiarity through extensive study and international travel (1976-Present) · Employee Assistance Program Counselor, FBI-Miami(1996-Pres.) · Association of Traumatic Stress Specialists "Certified Trauma Responder" · Emergency Medical Technician, New York State- National Registry(1974-1977) PROFESSIONAL AFFILIATIONS · National Association of Technical Investigative Agents (NATIA) - Member · American Society of Industrial Security (AS IS) - Member · Federal Bureau of Investigation Agents' Association (FBIAA) - Special Operations Representative · Professional Association of Dive Instructors (P ADI) - Instructor - Master SCUBA Diver Trainer · International Critical Incident Stress Foundation (ICISF) - Instructor · International Association of Dive Rescue Specialists (IADRS) - Member · American College of Forensic Examiners Institute - Member American Academy of Forensic Science - Member Association of Traumatic Stress Specialists - Certified Trauma Responder JOSEPH Á. FINLEY~ JR.~ Ph.D. . Page Four DISTINGUISHED HONORS · Outstanding Law Enforcement Officer of the Year (2000) · Dedication to Community Service, Cuban-American National Foundation (2001) · Honor Legion - New York City Police Department (1988) CONTINUING PROFESSIONAL DEVELOPMENT · Critical Incidents, Trauma, and Substance Abuse: Preventing Self-Medication (ICISF - 2000) · Instructor Development Program (Federal Law Enforcement Officers' Training School - 2000) · Basic Critical Incident Stress Management Course (ICrsF - 2000) Tebhnical Sweeps and Countenneasures (FBI Academy - 1996) Executive Management Seminar (John Jay College - 1991) · Suicide Prevention, Intervention, and Postvention (ICISF - 2004) · Psychology of Terrorism (ICISF - 2004) TEACIDNG APPOINTMENTS · Federal Law Enforcement Officer Training School, FBI Miami, FL (2001-Present) Instructor Subjects taught: General Police Topics and Hostage Negotiation (Technical Aspects) Ethics for Professionals Professional Development · Prófessional Association of Dive Instructors (ACE/PONSI, Rancho Santa Margarita, CA 1997 -Present) Instructor Subjects taught: Open Water SCUBA Diving Advanced open Water SCUBA Diving Rescue Diver Dive Master Assistant Instructor First Aid and CPR Various Specialties '\ JOSEPH A. FINLEY, JR., Ph.D. Page Five · FBI Academy, Forensic Science Center, Quantico, VA (1976-1981) Instructor Subjects taught: Forensic Analysis of Glass Geologic Material as Physical Evidence PUBLICATIONS "Geologic Material as Physical Evidence", Law Enforcement Bulletin, March 2004 Issue, Federal Bureau offuvestigation, Washington, D.C. PRESENTATIONS Geologic Material as Physical Evidence FBI Evidence Response Team, Miami, Florida (2001) Effects of Transition Service on the Quality of Life for Educable Mentally Handicapped Students, Post-Secondary School Lynn University, Boca Raton, Florida (2002) · Aftennath of 9/11 Lynn University, Boca Raton, Florida (2001) ) · Criminal Justice and 9/11 Florida Atlantic University, Boca Raton, Florida (2001) The New Role of the Public Safety Dive Team Post 9/11 IADRS Conference, Denver, Colorado (2003 Behavioral and Psychological Aspects of Black Water Diving NOVA Southeastern University, Davie, Florida (2003) Maritime Transportation Security Act of 2002 IADRS Conferçnce, Ft. Lauderdale, Florida(2004) CIVIC/COMMUNITY INVOLVEMENT · United States Coast Guard Auxiliary Flotilla Staff Officer Career Counselor (1998-2000) Member (1997-Present) DR. JOSEPH Å. FINLEY. JR. Page Six · United States Merchant Marine Academy, Florida Parents' Association President (2002-2003) Vice President (2001-2002) Secretary (2000-2001) Member (1999-Present) Field Admissions Representative (20Ot-Present) · University of Miami Alumni Association Member (1975-Present) · United States Senator Bill Nelson (FL-D) Member of Senatorial Nomination Board for U.S. Naval Academy/ U.S. Merchant Marine Academy (200 I-Present) · United States Congressman E. Clay Shaw (FL-R) Speaker at "All Service Academy Night" - Presentation to Candidates (1999-Present) --j Ascension Catholic Church Parish Council Member (20Ot-Present) Member (1996-Present) Substance Abuse Ministry Chainnan(2002-Present) · Tropic Isle Civic Association Emergency Preparedness Team (2001-Present) Member (1996-Present) · Boy Scouts of America - Committee Member - Troop 304 (1996-1998) · Seton Foundation for Learning- President (1994-1996) · Knights of Columbus - Third Degree Knight (1977-1982) .'**** q¡¡~ 1993 2001 Bf1q / hI'" / !:;,¡ctnc ~ ó- -:Øø-- DElRAY BEACH .,..... CITY OF DELRAY BEACH -SOARD MEMBER APPLICATION information: 2. ~ 3. Legal Residence: ~ ~o~ 4. Principal Business Address: VAJe City State Zip Code E-Mail Address: Cell Phone: Fax: 7. 8. currently serving or have previously served: (please include dates) NO.AJ e- 9. l'(f;"f'2..N S ~c;, l !¡J Co<.. 9 \ {\t€ ~ 10. list any related professiónaJ ccrtifications and liccnses wlúch you hold: Df\} tk~\,J £ materi2! facts Note: This application will remain on file in the ûty Oak's Office for ~~~!II~ from the date it was submitted. It will be the applicant's responsibility to ensure ~~, Ìþ~on is on file. S'ClJ'Y(1ÐtXVIOoUDWPLICATION MAY 3 t} 7.603 ~'TY CLERK p",,- \ \\.~ \-~, ed.lV\.~ <7 ~o A-\ \4~~Ð(1.A.~ . ~a.:'i ~ P \ 1>6 '{Ç-.3 ~(Pl -;'>-7(;;, -d-.-;µ:J7 . &l~~oro _ 'B.A. ."" .f;,=Ñ:$>"""C.~ - H.,..~Cø'~) .. Nv-V ì:'n.Ú.-c.. kr 1'1~ ~ J\1\~,A-, <bka.N <£C»oo} .f\'jtA.- J N~o~ C, ~ tCir;.s- JNl!J(l..\..(. e~\e.t\Jce- Ie, (Ps-- 1~6~ QN\QÑ ~~Cø~&hoN ~ 1fT-~ ~\~'-~+ tCj(;;,%'"-/97-r- L.eueft- ~(1..ø~~ - <3~ . TA-)( ~~ ''9-1 \ q. t- ¡C¡7J..- (q'l8" CI~ lkvl"'eßl~~ì'.....{¿ 1hs1s1~U.¡v,,,~,~v...rJt(~NIW6..9-[ ()ed. I1Al \t~'-/ I (96,S-10¡r¡tJ ^l.vÑtn.k~"N".JG~- .QeJ..\~ t",ft-2.- c~k~1\..~ - L<Ms . ":b¡v.t~ S-1(~1"9J..l-e{J(a1\~&->,^,~~~ ~~~ J2..eJ - \ BDk1e- I ~N\-r ') ~ .J ~ ~O:>V\] co\I~No ) 7-øs-2ØØ4. 1 ø: 12AM FROM NCS 561 33Ø 7648 P.2 OURAY BEACH ~ AlI-AlNllcaCl1 "lIt 1993 2001 7-&-Ô<P ~QI\CC-cJ fhaf1~eý CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please e or rint the fonowin information: 1. Last Name: C~~m~ 2. Ho e Address~ \ \ : C .\ _ oB N~""",' ":>\.1\}, .~~ 3. Legal Residence: \ ~E: 4. Principal Business Address: ~ ~ -\.t .U...:' fS.({\.C-~ M.I. State ~~;de R- State 3à~v( 8- State Zip Code "3s-ç- Name .-- .1... \-t~ rr,..e... \ City De.l.. City (,,(..1 City f'\. b S ~ ß,u-e (\J~ ~ 4U-tl E-Mail Address: ~ ~~ Cell Phone:$b ( 870-'-1 ¡S~ ~<:..sOAU~ C ð N\ If so, where are you registered? fL s~'B3 Fax: n ( ~3ò -70 YV 5 Home Phone: ~(- ¿7'-l"", 7J( 6. Business Phone: 7. \V'þ~t Hoard(s) are you Ïnte}fsted ia ~..mng? PleaseJist in orde~f preference: ~ .s ð-N(-( 1'\-6c-Á.L~\" '~(}-ì~I':::::' 8. List all City Boards on which vou are cun:endy seIVÍng or have previously served. (please include dates) 9. EdUcaci0031 quahfic:a.\Ìons: N\-J~~\. \- ~ 'f 1 ^ S t-v \'c.0<. F(~e-Q 10. List any related p~s;:o~ certifications and licenses which you hold 1t. Give your present, or most recent employer, and position: 12. Describe experiences, slci1ls or knowledge which qualify you to serve on this board: (please attach a brief reswne) ~ (.\. \;A ove statements are true, and I agree and understand that :any misstatement of mateCÌ31 facts n ""y ame fo<fei"'« upon my put of "'Y ,ppomnnen~ ì;'¡ ';;::j DATE . Note: This 3pphcation will remain on me in the City Clerk's Office f~a.12-t¡.t¡to,d~~years from the date It was submitted. It will be the applicant's respons1bility to ensBb.b~licat1on IS on file. SlCITYCu!RJ(\BOARDlArpu(" A noN JUl --ß 2004 CITY CLERK 7--Ø6-2ØØ4 1 ø: 1 3AM 1994- present - 1982-1994 - 1978-1982 - 1965- 1978- 1961-1965 - NASD Exams - .j FROM NCS 561 330 7648 Kenneth T. Kaltman National Compliance Services 355 NE 5th Avenue Delray 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 Finance /University of Tampa Series 63, Serie:? 7, Series 24 P.3 · j DRRAY BEAOi ~ ;qrr 1993 2001 RECEIVED FF~ 1 0 2005 CITY OF DELRAY BEACH -WJ.' < '-L~RK BOARD MEMBER APPLICATIUNï ,", L-_,,~ ~tJ¡'ð& information: 4. Prinåpa1 Business Address: City M.I. A State Zip Code FL 33483 State Zip Code State Zip Code 1. Name 2. Home Address: 830 Kokomo Key Lane 3. Legal Residence: Todd C- 1ty Delray Beach City 5. Home Phone: 561-278-2415 Business Phone: E-Mail Address: Cell Phone: Fax: 561-272-3200 lherrou@eIectronic-viDage.com 6. he you a registered voter? If so, where are you registered? Yes Florida (Delray Beach) 7. What Board(s) are you interested in serving? Please list in order of preference: 1. Nuisance Abatement Board 2. Education Board 3. Any other where I may be useful. 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) N/A 9. Educational qualificátions: to. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: Electronic Village Systems, owner 12. Describe experiences, skills or knowledge wlùch qualify you to serve on this board: (please attach a brief resume) As a resident and business owner in Delray Beach, I am interested in servinç¡ my community. I have also been involved on other ways, from Paint-up Delray to becoming a CERT team member. In 2004 I completed the Citizen's Police Academy. I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts conlain<à m ·"7"nn ma ,e fudcitu<e upon my part nf =y appom;ï ,,;y ¡7: DATE Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date it was subtnitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYCLERJC\OOARDIAPPLICA TION EDUCATION 1992 1990 1986 LICENSES 1986 - 2000 TODD L'HERROU 830 KokolIlO Key Lane Delray Beach, Florida 33483 (561) 278-2415 MA. Florida Atlantic University, Boca Raton, FL Psychology BS (Cum Laude), Virginia Conunonwealth University, Riclunond, VA Psychology (major) / Sociology (minor) Certificate, University of Virginia, Charlottesville, VA Radiologic Technology 1998 - Present PROFESSIONAL EXPERIENCE Radiologic Techologist (Diagnostic), American Society of Radiologic Technology 2003 - Present 2000 (April- August) 1997 - 1998 Electronic Village Systems. Centreville. VA Lead Web Designer and owner. Electronic Village Systems is a small web development company, specializing in web design for small businesses and non-profits. Duties include lead on all in-house design, managing and distributing workload, budget implementation and oversight, procuring projects, staff supervision, as well as graphic design, coding, and related tasks. Yeshiva High School. Boca Raton. FL Substitute Teacher Duties included teaching, classroom management, administration of tests (including proctoring AP tests), and counseling & assisting students. U.S. Census Bureau. Alexandria. VA Team Leader (hired as enwnerator, promoted twice in 2 IIlOnths) Duties include management of a team of 12 census enwnerators, including workload distribution, oversight and validation of census data collection, review and field checks of suspect or uncollected data, verification of GIS and physical address infonnation. The MEDSTAT Group. Inc.. Washington. DC Senior Analyst, Outcomes Research and Econometrics Duties include study management, budgetary review and oversite for studies managed by junior analysts, study design, literature review and analysis, statistical analysis, writing of reports, papers, proposals and related materials, production of graphics and presentation materials. Also served as lead instructor for the Schizophrenia Care and Assessment program, developing instructional materials and instructing all team members at all study sites (7 U.S., 1 AU) on assessment methodology and technique. Todd L'Herrou Page 2 1994 - 1995 National Alliance for the Mentallv 1lI. Rockville. MD Research Psychologist (grant position within National Institute of Mental Health) Primary duties included patient assessment, analysis of data (including statistical analysis), graphics. production of presentation materials, writing reports and portions of papers, and related activities. 1991 - 1993 Comouter-Administered Panel Study. Florida Atlantic Univ.. Boca Raton. FL Project Director Duties included administration of multiple years of a 100 subject research panel, including assisting senior researchers with study design; analysis of study results; coordination of subjects; budget oversight; management of 20-station Novell network; dBase progranuning; and related duties. 1990 - 1993 Department ofPsvcholo\!V. Florida Atlantic University. Boca Raton. FL Research and Teaching Assistant Duties included assisting in classroom teaching, classroom lecturing, design and scoring of testing materials, laboratory teaching, management of computer-aided learning environment, assisting senior researchers in designing and conducting research projects. 1987 - 1990 Retreat Hosoital. Richmond. VA Radiologic Technologist Duties included taking x-rays, patient care, assisting physicians during radiologic exams. administrative duties as needed. and. beginning in fall of 1989, supervision of weekend and night shift personnel. VOLUNTEER EXPERIENCE (partial listing) 2002 - FEMA Urban Search and Rescue Task Force 2 Search Team Manager, Technical Information Specialist 2001 - Florida Special Response Team - A Search Manager, Training Coordinator 1995 - 2001 Appalachian Search and Rescue Conference Board Member & Incident Commander 1994 - 1997 Shenandoah Mountain Rescue Group Operations Officer. Training Officer 1996 1996 U.S. Olympics, Washington DC Day-of-Game Operations Team 1994 World Cup Soccer, WashinRton DC In-Stadium Response Team Member Todd L'Herrou Page 3 PUBLICATIONS REPORTS L'Herrou, T. and Rowe, M. (Under review for Publication) Lost Alzheimer's Patient: First Steps. Police: The Law Enforcement Magazine. Post, R.M., L'Herrou, T., Luckenbaugh, D., Frye, M., Leverich, G., and Mikalauskas, K. (1998) Statistical approaches to trial durations in episodic affective illness. Psychiatry Research 78(1-2):71-87. Callahan, A., Frye, M., Marangell, L., George, M., Ketter, T., Pazzaglia, P., Luckenbaugh, D., L'Herrou, T., and Post, R.M. (Unpublished Manuscript) Differential mood and endocrine effects of intravenous and intrathecal thyrotropin- releasing hormone. Intended for Psychiatry Research. Holzer, S.S., Engelhart, L., Crown, W.C., L'Herrou, T.A. and Kennedy, S.T. (1997) Asthma costs using inhaled corticosteroids. American Journal of Managed Care, 3:891-897. Callahan, A. Frye, M., Marangell, L., George, M., Ketter, T., L'Herrou, T., and Post, R (1997) Comparative antidepressant effects of peripheral and IT TRH: Confounding effects of tolerance and implications for therapeutics. Biological Psychiatry 41 :264-272. Marangell, L., George, M., Callahan, A., Ketter, T., Pazzaglia, P., L'Herrou, T., Leverich, G., and Post, R. (1997) Effects of intrathecal thyrotropin-releasing hormone (protirelin) in refractory depressed patients. Archives of General Psychiatry, 54:214-222. Latane, B. & L'Herrou, T. (1996) Individual clustering in the confonnity game: Dynamic social impact in electronic groups. Journal of Personality and Social Psychology, 70. 1218-1230. L 'Herrou, T. (1989) Search manager decision-making and the Mattson method. Appalachian Search. L'Herrou, T., Mark, T., Mohr, P., and Russo, P. (1998) Diffusion of Technology in the Treatment of Schizophrenia: Results of Study Year I. Report to Eli Lilly and Company. Russo, P. L'Herrou, T., Montejano, L., Torres, L., Burrell, L., and Mark, T. (1998) Schizophrenia Care and Assessment: Results of Study Year I. Report to Eli Lilly and Company. L'Herrou, T., HeithotT, K., and Crystal-Peters, J. (1998) Direct and Indirect Costs of Cocaine Abuse in the United States. Report to Schering-Plough, Inc. Cuffel, B., HeithotT, K., Holzer, S., Frank, L., and L'Herrou, T. (1997) The costs and demographics of schizophrenia in an insured population. Report to Eli Lilly and Company. Crystal-Peters, J., L'Herrou, T., and HeithotT, K. (1997) Annual costs of Asthma Care in the United States. Report to Bristol-Myers Squibb. Todd L'Herrou Page 4 CHAPTERS PRESENTATIONS POSTERS VHerrou, T. (1996) "My parents spoil my child" Putting a cap on doting grandparents. In Koplas, A. (Ed.) Family Solutions. Delray Beach, FL: Shot Tower Books. Out of print L'Herrou, T. (1996) Withholding ex-spousal visits. In Koplas, A. (Ed.) Family Solutions. Delray Beach, FL: Shot Tower Books. Out of print L'Herrou, T.. (1996) "My child's friends are a bad influence" In Koplas, A. (Ed.) Family Solutions. Delray Beach, FL: Shot Tower Books. Out of print Callahan, A., Marangell, L., Frye, M., L 'Herrou, T., & Post, R. "Endocrine and mood changes after iv and it TRH." Biological Psychiatry Conference, New York, NY. 1995 Callahan, A., Frye, M., Marangell, L., George, M., Ketter, T., Kimbrell, T., L'Herrou, T., Pazzaglia, P., Post, R.: Differential mood and endocrine effects of intravenous versus intrathecal TRH. 50th Annual Convention and Scientific Program of the Society of Biological Psychiatry, Miami, May 17-20, 1995. Latane, ß., L'Herrou, T., & Nowak, A. (1992) "Spatial Clustering of individual choices in a cooperative game." Fifth International Conference on Social Dilemmas, Bielefeld, GERMANY. August, 1992 L'Herrou, T. "Social perception based on incomplete infonnation: Communicating in e-space." Fifth Annual Conference on Stereotypes and Intergroup Relations, Highland Beach. July, 1992 L'Herrou, T. "Interacting in electronic space: Group dynamics resulting from individual change." Fifteenth Annual Conference on Groups, Networks and Organizations, Nags Head. July 1992 L'Herrou, T., Latane, ß., & Gardner, W. "Individual and group attitude change processes." Ninth Annual Conference on Attitudes, Judgment, and Decision Making, Highland Beach. June, 1992 Mark, T., L'Herrou, T., Russo, P., Mohr, P., and Haley, J. (1998) Diffusion of Technology in the Treatment of Schizophrenia. Health Services Research Annual Conference, Washington, DC. PROFESSIONAL AFFILIATIONS American Psychological Society. Member 1989-1993 American Psychological Society, Student Section. Founding Board Member 1989-1990 Association of Clinical Research Professionals. Member 1997-1999 Drug Infonnation Association. Member 1997-1999 HTML Writers Guild. Member 1997 - present National Association for Search and Rescue, Member 1988-91, 1999-2001 ***** '()- ~- Olo ~~ ~ ~~ '"C~ CITY OF DELRAY BEACH OC¡ 0 /V~() .BOARD MEMBER APPLICATIONC/)"y 9 ¿DOl C(~~~ ORRAY BEACH ,,,0..0. Al-AmericaCity , , II J! 1993 2001 Please e or tint the £0110 1. Last Name: information: IJIJ.-Y Name N Ie. Hð JJJ .s City IJ<:ií¿l &~h City MI. LOE8 2. Home Address: / 0 ø /8 "lnt1¡~5aI)CL 3. Legal Residence: ;Jt1ml.. aJ abov& 4. Principal Business Address: 2-25" ti ladcJ Rd· ~uìk. 22:3A State FI-- State ~ Code 33183 Zip Code PL Zip Code Jg43 City BoC/Æ !ltJd¡ 1'\ State 5. Home Phone: Business Phone: E-Mail Address: nmlocb& 40{· Lðf'¥'. Cell Phone: 3M ',j7g'1 . h+ZS- Fax:: 511 ¡. 265·317 0 ~ f . 21/ . "in I 6. Are you a registered voter? YES 7. G!U{áfioJ1 ßo~ q. List all City Boards on which you are currently serving or have previously served: (please include dates) NONe 9. Educational qualifications: ß4a1El/)1!... tJP ~aevcr; /rv N/lNA6Ð1ENT I . AI\1A 4IC£ hll-1V1L 10. List any related professional certifications and licenses which you hold (}ç¡¿riFie::> l- . f!./Vi L.Î FFt' 11. Give your present, or most recent employer, and position: Nfl:J/-oL-A-S LoeB INTY-NATlONtr L I ~;f?5"f)ENí/ LeD 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) SEE" A1TACHE:/) l<e511NE' 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. /tJÞ6ha,J DATE --r- 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 applicanfs responsibility to ensure that a current application is on file. S\CITYCLERK\BOAlID\APPUCATION Nicholas M. Loeb mnloeb@aol.com 2255 Glades Road - Boca Raton, Floñda 33431 suite #223A~ (310) 384-6425 , PROFESSIONAL EXPERIENCES 2002 - Present Nicholas Loeb International Boca Raton, Ftoñda President and Chief Executive Officer Los Angeles, California · Pounded a real estate company to purchase and remodel properties. Have already remodeled and sold five homes. 1997 - 2002 International Production Company Los Aogel~ California President and Chief Executive Officer · Incorporated and managed a company in the film, televisiOn, and media industIy. Develope<J and produced major motion pictures. · Secured financing of $500K, developed, produ~ cast, OCß3ni7ed, managed and sold the award-winning feature film, The Smolœrs. to MGM. which has grossed over $5 million to date. Quincy Jones served as E)œCUtÍve Producer, and Dominique Swain (Lolita), and Thora Birch (American Beauty) starred in the film. · Produ~ organized, managed. 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 rnised funding for the independent feature film, Absinthe. SuòbDer 1997 Primary Colors Los Angeles, California Production Assistant · Secured movie set, and provided and organized extra actors for the feature film starring John 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 infonnation as requested on genres by categoñes for gross sales. Assisted the motion picture group with analyzing financial data. Scouted and researched actors for future Universal projects. EDUCATIONAL ACTIVITIES 1994-1998 Tu18IJe 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 ACTMTlES AND INTERESTS · Council of Trustees for the Republican Party of Palm Beach County · Member of the Boca Raton and Dekay Beach Chambers of Commerce · President of the Republican Club of Delray and Highland Beaches · Centre Kids Corumittee for Center for the Arts at Mimer Park · MSBL/MABL Baseball Player; South Florida League · Deputy SherifI: Los Angeles County Sheriff Department · Board Member, Los Angeles Sheriff's Star Organization (LASSO) · Vice Cbainnan, Sonoma Loeb Wines · Mèntber, Host Committee to "Starbright Foundation" ¡ · 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 DELRAY BEACH ........... ***** RECEIVED CITY OF DELRAY BEACH FEB 082005 BOARD MEMBER APPLICATIONC!T'-l CLERK mr 1993 2001 information: LA¡JE ML State ¡::L State ~ CY5- Zip Code 4. City State Zip Code E-Mail Address: Cell Phone: Fax: 11. Give your present, or most recent employer, and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) [ hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts ""'fed in this ~ cause forteiture upon my part of any 'PPOintmen~: reeeive W'~ ~,1r ..;~ùNATURE 0 TE Note: 'Ibis 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\C1TYaBtKIBOARDIAPPUCATlON ifJr 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION (j¿!wd ~: ;;LJNS' " oQ.åAY·a.fA.CH . ;._ L .:.. ...~.. a " 'lt1t1t1:~ S 6. ..v¡ ~ Principal Busin~s Addr~$: .s 0. j../1 ~ City /17 M£. Srate. ~ Code r/ -33CfY Srare Zip Code StaR Zip Coot: ease (: or rint the foUo ïnformaó.on: LastName: A I / /vewef. flwne Address: ;2gQ .<Jé' ;J..,Jj AGe. Légal RéSidencé: Naxne ß ¡- C ê- City /JeJ" &~ City Hom.e Phone: Business Phon~ E-Mail AddréSS: Cdl Phoné; Fa.x; I :J7F-3o(if Axe. you a registered votér? .es b'J€uJ eff1. i! ~f/flfa."/µ, (¡¡z 8"t¡]-33f/ If so, where a.re you registered? ~A What Boacd(s) are you interested in serving? Please list in order of preference: / / dh"J,";¡ L'.(Aj Zon,"/! a ~Ui./j AJe.¡ I.i;,ðr(~j i<J¡Vl~~í CG'<4c/t. S;æ ~/[ ~lji'e . ~~ 211 ~ tr.:~~~.~_~ ~~ch y arC:' CUD:~!!y serving 0 :!.ve pr~viously served: l~~ in~?d~ _~t~) Educa.tional quaIification.s: fI A·A, Ce. t~ It¿ Lise any related profcssional certifications and liçenséS which you hold: Give your presene. or mOSt receot employ~ and posicion; /" /. ..()G .J t re//- /<ea1t(¡/ DescnDe ~ences. skills or: knowledge wlùch qualify you. to se1Ve on this board: (please att2ch a bñef resume) ;e~o.lÎ' tteby ctttify that :ill th~ above sbtements an: true. and I agree and undc:rðtand that any missuteffiéOc of mtterW faces ~ ~yause fo'feiW;~~I~Eof;yap~innn~ ì~;tl= ;NA . DA-Œ JAN 0 5 2005 )te: This applicatioß will remain ?o file in me City ~ gfficc for a period of 2 yens from c:he date it was suhmitted. It u<ill b~ thee applicant"s .ep~¥i1ß.~e that a current gppJication is on file. S"~~(.{Ç.Anoo BryœNewen 280NE2w Ave. Dehav Beacb_ FL 33444 HOOle_ (561) 27&-3068 Cell (561) &43-3311 B-mait bnewell l@hotmaiLcom PROFTLE Madœtïng and saJes executive with 6 yærs of high level outside sales experi¢nc¢. ~th a prov<!In track reoocd in developing new business end driving revenue in kadíog edge techuologi~_ Strong analytical. Q'C8t1vc, and oommunicatíon stalls developed through as3igmIJGØŒ in strategic plannint mØ;:cting co~ product 1auncb.œ. and nining. -ExœUcm: leadecshîp abilÌ1ies d~ by delivering results Chrough higbIy JDOáva[od and imagjoative t~ ProfðSÚ1l1lÚ Erpe'¡enu ~N Commuaica60u; West Palm Beach,. FL Sœïor ACGOUD.t Executive 4/04-Prescnt J>\"ovjde dam. produ<:u and secvices to business ~ Flocida. >Oftd GcAxgïa- l"tiroary focus on international multiple Iocaúott corpontioos relying on high use data trsnsport. In the top running foe rookie of the 2"4 haIfofdte year award. McLeodUSA; 0aI::br00k,. IT. SQior Account Executive 3/0:>-2104 Mid-Marlœt tclecolDIDJIIlÍQ!tÍons sales position ín grt;a.tC:(" Chicago land area.. My responsibility is to a-çqu're new Business only. Services consist of: PRI's. n"s. VPN"s,. Frame Relay and WIreless. -rypical mootlt indudes ruoning approxímarely 15 newappointmems, resulting in 4 to 6 orders raogïng lTom S506 to -~JOOO. Clea.rOne Communications; Westmont, 1L Senior Account M3I\~(:r 1102-12/02 Videoconferencing Specialist position. brought on to e$t3blish marlcet share ïn ChiC3.{;o. Company provîd~ end-to-end solutions foc video. audio and web co~cing SCMOCS. Primary customer focus is Foctúnc lOoo aJJàHighec Education market. Taudberg, LLC; Chicago. II.. __ Rceiooal M~ Responsible for selling TANDBERG VJdcocooferen<:ìng equipment to Educatíoo and Medical Agencies... Partnered with roosu1tant:s and system integrwors to provide the customer with a- C()1t\plete solution. Current te:rritory consists of Illinois. Indial1áánd WISconsin. 8{OI-6/02 luV'¡ew; Chicago. IL B~ine$s DevelOPlIlent Maoag~r 10/97·7/01 Worked widt equipment dealers. sysum ÎDtcgratO£S and tdeoommunicañon companies to develop new accountS. IncR;ascd company reveo.ue by 20"4 by creating a partneohip pcogram. Developed wod::ing relañonships with sysœm ÍDtogratOf'S. equipment manufa<::t\ltt;S and telecommunication com.panios.. Consulted wilh IT and T ckcom Dicectors on Vîdeoconferencing services. CSC Offi« Automation; RoUing Meadows, IL Maior Account Manasrer EDUCATION 1991-1993 1993-1995 2/96-9191 AA. Business Management" College of~e, Glen Ellyn. IL BS, Business Administtatío~ Loyola Uni~_ Chícago. II.. All-AmeñcaCity , , III! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION /~lI5illaf -deréff. J ;Utl/J~/ ¡íð~7 DRRAY BEACH IF .. 0 « . 0 At. ***** Please rint the follo - information: 1. Last Name: 5 H éA./vtAN 2. Home Address: 3J8S- ..f.~ I tá S-r: 3. Legal Residence: ~&. 4. Principal Business Address: Name ItRl...iIJ E. City M.l Þ. Zip Code - City State Zip Code "'it 5. Home Phone: - - - Business Phone: E-Mail Address: Cell Phone: Fax: - s-. .A1:e you a registered voter? 7. What Boarcl(s) are you interested in serving? Please list in order of p eference: ¡Jt(/~t! e S\. List all City Boards on . h you are currendy serving or have previously served: (please include dates) ! ~ 10. List any related professional certifications and licenses which you hold: .¡I 11. Give your present, or most recent employer, and £. . 1>-- C,ø..'ð;rþJJ)AoTd 0__ .. r , , - iWfc.orJ(j I hereby certify tlíat all th'e 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. ~ ¡Q.~"-,,,- RECEIVED NATURE JAN 1 0 2005 'l$ðJ D.A: Note: This application will remain on file in the P~....Ç1~ f{ffice for a period of 2 years &om the date it was submitted. It will be the applicant's ~ttsitm1tfr¿ ~nsure that a current application is on file. S\CITYa.ERK\BOARD\APPUCATION MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ I AGENDA ITEM # '0 A. - REGULAR MEETING OF MARCH 15. 2005 ORDINANCE NO. 11-05 SUBJECT: DATE: MARCH 11, 2005 This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to Land Development Regulations (LDR) Section 2.4.4(E), "Expiration of Approvals", to provide for a longer explration period for Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, and Preliminary Subdivision Plats. Pursuant to LDR Section 2.4.4(E) approvals have been limited to an eighteen (18) month duration unless a different period is specifically stated in conditions of approval. Within the past few years, requests for extensions of approvals have become more numerous. Due to many economic, permitting, and construction factors, it has become more difficult to establish a project during the eighteen (18) month period. Therefore, the proposal is to amend the current regulation to lengthen the time frame to establish a project for an additional six (6) months, from eighteen (18) months to twenty four (24) months. This may be more realistic based upon today's economic and construction climate. The proposed two (2) year approval period is consistent with other municipalities in Palm Beach County. The Planning and Zoning Board held a public hearing at its meeting of February 28, 2005. One member of the public advised that the proposal is inconsistent with the new Design Gwdelines in the CBD (Central Business DistrIct). They have not broken ground yet on the proposed new project on the southeast comer of Venetian Dnve and Adantic Avenue. There are legal issues concerning long-tenn leases, and this infonnation should have been known when the due diligence was perfonned. If this item is retroactive, it will be extended and the site will be developed under the old guidelines rather than the new ones. This should not be made retroactive or only retroactive for those projects approved under the Design Guidelines for the CBD. Another member of the public concurred that this should not be retroactive. Staff advised that since the Design Guidelines were adopted in 2003, there is almost a year's worth of projects that would be impacted. These projects are in various stages of design and it would be much cleaner to apply the regulations retroactively. This would accommodate projects which may be very far along in their design from having to start over again. After discussing the amendment, the Board voted 7-0 to recommend to the City Commission approval of the proposed amendment, based upon positive 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 LDR Section 2.4.5(M) (Amendment to Land Development Regulations). At the first reading on March 1,2005, the City Commission passed Ordinance No. 11-05. Recommend approval of Ordinance No. 11-05 on second and final reading. s·\C.ty Clerk\agenda memos\Ord 11-05 ExpltllttOn of Approvals 03.15.05 TO: THRU: FROM: SUBJECT: ~ CITY COMMISSION DOCUMENTATION I DAVID T. HARDEN, CITY MANAGE ~~ ' PAUL DORLlNG, DIRECTOR OF PLANNING AND ZING _~ JEFFREY A. COSTEllO, ASSISTANT PLANNING ECTOR[~ MEETING OF MARCH 1, 2005 CONSIDERATION OF A CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.4(E) "EXPIRATION OF APPROVALS" TO PROVIDE FOR A LONGER EXPIRATION PERIOD FOR CONDITIONAL USES, SITE PLANS, LANDSCAPING PLANS, ARCHITECTURAL PLANS AND PRELIMINARY SUBDIVISION PLATS. BACKGROUND/ANALYSIS Pursuant to LOR Section 2.4.4(E)(2), approvals for conditional uses, site plans, landscaping plans, architectural plans and preliminary subdivision plats have been limited to an eighteen (18) month duration unless a different period is specifically stated in conditions of approval. During the approval period, the project shall be established pursuant to 2.4.4(0), unless the time period is extended pursuant to LOR Section 2.4.4(F). Section 2.4.4(0) states that a development project shall be considered established when it meets one of the following tests: (1) Improvements representing twenty-five percent (25%) of the total cost of all improvements to be used in developing the project have been constructed; or (2) A certificate of occupancy has been issued for use of the property pursuant to the development approval. Within the past few years, requests for extensions of approvals have become more numerous. Due to many economic, permitting, and construction factors, it has become more difficult to establish a project during the eighteen (18) month period. Therefore, the proposal is to amend the current regulation to lengthen the time frame to establish a project for an additional six (6) months, from eighteen (18) months to twenty four (24) months. This may be more realistic based upon today's economic and construction climate. The proposed two (2) year approval period is consistent with other municipalities in Palm Beach County. 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. This amendment is being initiated more for "housekeeping" purposes than to fulfill any specific Comprehensive Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. PLANNING AND ZONING BOARD CONSIDERATION - _....- -- ---.. .......--- ......: -- The Planning and Zoning Board will consider the proposed text amendment at their meeting of February 28,2005. The Board's recommendation will be provided at the City Commission meeting. RECOMMENDED ACTION Move to approve the attached amendment to the Land Development Regulations Section 2.4.4(E) Expiration of Approvals. 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 15, 2005. Attachment Proposed Ordinance I'JE ORDINANCE NO.ll...-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.4.4(E), "EXPIRATION OF APPROVALS", SUBSECTION 2.4.4(E)(2), "CONDITIONAL USES, SITE PLANS, LANDSCAPING PLANS, ARCHITECTURAL PLANS, PRELIMINARY SUBDIVISION PLATS", TO PROVIDE FOR A LONGER EXPIRATION PERIOD, PROVIDING FOR APPLICABILITY; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the approvals for conditional uses, site plans, landscaping plans, architectural plans and preliminary subdivision plats have been limited to an eighteen (18) month duration unless extended; and WHEREAS, requests for extensions of time have become more numerous; and WHEREAS, due to many economic, permitting, and construction factors, it has become more difficult to establish a project during the eighteen (18) month period; and WHEREAS, the City has determined that lengthening the time to establish a project for an additional six (6) months, from eighteen (18) months to twenty four (24) months, is more realistic in today's economic and construction climate NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by amending Section 2.4.4(E), "Expiration of Approvals", Subsection 2.4.4(E)(2), "Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, Preliminary Subdivision Plats", is hereby amended to read as follows: (E) Expiration of Approvals: (2) Conditional Uses. Site Plans. Landscapina Plans. Architectural Plans. Preljminarv Subdivision Plats: The following shall apply to development 3pplic3tions ::Ipproved subsequent to October 1, 1990. unexpired development approvals that have not been previouslv extended and new development applications submitted prior to March 15. 2005 and to new development applications submitted after March 15. 2005. Upon ::Ipprov::Il, or ::I pprov::I I subject to conditions by the gr3nting body, s::Ild ::lotion Development approvals shall be valid for a period of eighteen (18) twenty-four (24) months, unless a different period IS specifically stated in conditions of approval. During this approval period, the project shall be established pursuant to 2.4.4(0). +ms III.D. Subsection 3180 3pplie8 to 3ny e}ftension8 which m3Y be gr3nted to 3 previous 3pprov31. This section shall not applv to extensions of development approvals. Extensions shall be aoverned bv Section 2.4.4(F). 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 immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this _ day of , 2005. MAYOR ATTEST: CITY CLERK First Reading Second Reading ~ [IT' DF DELIAY IEA[H CITY ATTORNEY'S OFFICE ~()() 1\W Iq .\VE"Lf· DELRAY BEACH. FLORIDA 33444 -I f:.LI-.PHO"E 56 I /~"¡~-7()l)1) . F\C'SI\IILE 561 f~78-4755 DElRAY BEACH Writer's Direct Line: 561/243-7091 D.f&I:II All-America City , III I! DATE: 1993 TO: 2001 MEMORANDUM February 24, 2005 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Sale of Property - 1700 Lake Ida Road to CRC Recovery Foundation. Inc. The City owns property located at 1700 Lake Ida Road. Crossroads Recovery Foundation (CRC) has agreed to purchase it for One Million Dollars ($1,000,000.00), payable as follows: One Hundred Thousand Dollars ($100,000.00) down payment, Six Hundred Thousand Dollars ($600,000.00) upon closing and the remaining Three Hundred Thousand Dollars ($300,000.00) payable in ten (10) equal yearly installments. The closing date is set for April 15, 2005, unless extended by the City to facilitate the securing of a substitute facility provided however, any extensions shall not exceed sixty (60) days from the effective date of the contract. Please place this contract on the March 15, 2005 City Commission agenda. Cc: Chevelle Nubin, City Clerk Bill Plum \06 RESOLUTION NO. 8-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located at 1700 Lake Ida Road; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to sell to CRC Recovery Foundation, Inc., as Buyers, for the purchase price of One Million Dollars and 00/100 cents ($1,000,000.00), said property being more particular described as follows: The Easterly 240.49 feet, less the Southerly 500 feet, of Lot 20, Block 1, Delray Shores, according to the plat thereof, as recorded in Plat Book 24, Pages 232-233 of the Public Records of Palm Beach County, Florida. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit "A". PASSED AND ADOPTED in regular session on the day of ,2005. ATTEST: MAYOR City Clerk reu .L"'T ""w UWI...JLI'" L..I .L" "",,UI', '" WU.L C-Ic.. '-,...,'" ""oL.. THIS' FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR CONTRACT FOR SALE AND PURCHASE 1 PARTIES: Citv 0' Deltay S.8ch ("Seller"). 2 and CRC Recovety Foundation. Inc. r'Buver"), 3 hereby agree that Seller shan sell and Buyer shan buy the following desaibed Real Property and Personal Property 4 (collectively "Property" pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and 5 addenda ("Contracf'): II I. DESCRIPTION: (a) Legal description of the Real Property located in Palm Seach County, Florida: 7 The Easterlv 2,",.4' Feet. IN. southerly 500 'eet. of Lot 20. Block 1. DELRA Y SHORES. accordinQ to the Dlat 8 thereof. as recorded in Pt., Sook 24. Pages 232-233 of the Public Records of Palm Seach County Florida 9 10 11 12 13 '4 1S 111 (b) Street address, city, zip, of the Property 15: 1700 Lake/da Rd. De/rav Seach. FL 33445 (c) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), ceiling fan(s) , light fixture(s), and window treatment(s) unless speciflCany excluded below. Other items included are: Items of Personal Property (and leased items, if any) excluded are: 17 II. PURCHASE PRICE (U.S. currency): '" , . , ........ ... ..,...,....... ............. $ 1,000.000.00 18 PAYMENT: 19 (a) Deposit held in escrow by Robert FfKlersDl.,. ESQ. Trust account (Escrow Agent) 20 in the amount of (checks subject to clearance) .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000.00 21 (b) Additional escrow deposit to be made to Escrow Agent within 30 days after Effective Date 22 (see Paragraph III) in the amount of .. . . . . . . . . . .. . .. . , . . . . . . . . . . . . . . .. ....... $ 90.000.00 23 (c) Financing (see Paragraph IV) in the amount of ............. . . . . . . . . . . . . . . . . . . . . . . . $ 24 (d) Other: $ 25 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank 28 check(s). subject to adjustments or prorations . . . . . " ............................. $ 900,000.00 27 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE: 28 (a) If this offer is not executed by and delivered to all parnes OR FACT OF EXECUTION communicated in writing between 28 the parties on or before 10 DAYS , the deposit(s) will, at Buyer's option, be returned and this 30 offer withdrawn. 31 UNLESS OTHERWISE STATED, THE TIME FOR ACCEPTANCE OF ANY COUNTEROFfERS SHAll BE 2 DAYS 32 FROM THE DATE THE COUNTEROFFER IS DEL.IVERED. 33 (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or Initialed 34 this offer or the final col,lnteroffer. If such date is not othe!Wise set forth in this Contract, then the "Effective Date" shall be 35 the date determined above for acceptance of this offer or, if applicable, the final counteroffer. 3& IV. FINANCING: 37 J:i (a) This Is a cash transaction with no contingencies for financing; ~a 0 (b) Thhs Contract is contingent on Buyer obtaining approval of a loan ("Loan Approva''') within _ days (if blank, then 39 30 days) after Effective Date ("Loan Approval Date") for (CHECK ONLY ONE): 0 a fixed; 0 an adJustable; 40 or 0 a fixed or adjustable rate loan In the principal amount of $ . at an initial interest rate not to 41 exceed %. discount and origination fees not to exceed % of 42 principal amount, and for a term of years. Buyer will make application within days (if blank. then 5 43 days) after Effective Date. Buyer shall use reasonable diligence to: obtain Loan Approval and notify Seller in wnting of 44 Loan Approval by Loan Approval Date; satisfy terms and conditions of the Loan Approval; and close the loan. loan 45 Approval which requires B condition related to the sale of other property shall not be deemed Loan Approval for purposes 46 of this subparagraph. Buyer shaU pay all loan expenses. If Buyer does not deliver written notice to Seller by Loan Approval 47 Date stating Buyer has either obtained Loan Approval or waived this financing contingency, then either party may cancel 48 this Contract by delivering written notice ("Cancellation Notice") to the other, not later than seven (7) days pñor to Closing. 49 Seller's Cancellation Notice must state that Buyer has three (3) days to deliver to Seller written notIce waiving this 50 financing contingency. If Buyer has used due diligence and has not obtained Loan Approval before canceHalion as 51 provided above, Buyer shall be refunded the deposlt(s) Unless this financing contingency has been waived. this Contrad 52 shall remain subject to the satisfaction, by Closing. of those conditions of loan Approval related to the Property; 53 0 (c) Assumption of existing mortgage (see nder for terms); or 54 D (d) Purchase money note and mortgage to Seller (see Standards Band K and riders: addenda, or spØCIal clauses for terms), 55 V. TITLE EVIDENCE: At least 10 days (if blank, then 5 days) before Closing a title Insurance commitment with legible 56 copies of instruments listed as exceptfons attached thereto ("Titre Commrtment¡ and, after Closing. an owner's policy of 57 title Insurance (see Standard A for terms) shall be obtained by: 58 (CHECK ONLY ONE): Ja (1) SeHer, at Seller's expense and delivered to Buyer or Buyer's attorney; or 59 0 (2) Buyer at Buyer's expense. 60 (CHECK HERE): 0 If an abstract of title is to be furnished instead of title Insurance. and attach rider for terms. 61 VI. CLOSING DATE: This transaction shall be closed and the closing docurrents delivered 62 on ADri114. 2005 C'Closing"), unless modified by other provisions of this OJ Contract. If Buyer IS unable to obtain Hazard. Wind, Flood, or Homeowners' insurance at a reasonable rate due to 64 extreme weather conditions, Buyer may delay Closing for up to 5 days after such coverage becomes available FARiSAR-7. Rev 7/0.4 e 2004Fbrlda Auociaian of REAL TORseand The FIends e. All nghts r1IS8rved. User Reg# S14410495 Software and Added Formatting C) 2004 Alta Star Software. Inc. All Rights Reserved. (305) 279-8898 Page 1 of 4 Exf,'-b/+ A · - _ -' -- --. .....c...r ..., ..... .Jun. rn :1b 1-~'/~-2793 p.3 55 VII. RESTRICTIONS; EASEMENTS: UMITATlONS: Seller shall convey marketable title subject to: comprehensive land use 66 plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters fi7 appearing on the plat or otherwise common to the subdivision; outstanding oil, gas and mineral rights of record wi1hout 68 right of entry; unplatted public utility easements of record (located contiguous to real property lines and not more than 10 69 feet in width as to the rear or front lines and 7 112 feet in width as to the side lines); taxes for year of Closing and 70 subsequent years; and assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); 71 provided, that there exists al Closing no violation of the foregoing and none prevent use of the Property for 72 CRC RecoveIV Found.60ft. Inc. end Cnn:SlOed:s Club purpose(s). 73 VlII.OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If 74 Property is intended to be rented or occupied beyond Closing, Ihe fact and terms thereof and the tenant(s) or occupants 75 shall be disclosed pursuant to Standard F. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to 76 Property from date of occupancy, Shall be responsible and liable for maintenance from that date. and shall be deemed to 77 have accepted Property in ils existing condition as of time of taking occupancy. 78 IX. TYPEWRITTEN OR HANDWRmEN PROVISIONS: Typewritten or handwritten provisions. riders and addenda shall 79 control all prinled provisions of this Contract in conflict with them. 80 X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer 0 may assign and thereby be released from any further liability under this 81 Contract; Ii: may assign but not be released from liability under this Conlract; or 0 may not assign this Contract. 52 XI. DISCLOSURES: 83 (8) Cl CHECK HERE if the Property is subject to a special a&sessment lien imposed by a public body payable In 84 installments which continue beyond Closing and, if so, specify who shan pay amounts due after Closing: 0 Seller 85 D Buyer 0 Other (see addendum). 88 (b) Radon is a naturally ooc:urring radioactive gas that when accumulated in a building In sufficient quantities may present 87 health risks to persons who are exposed to It over time. Levels of radon thaI exceed feeleral and state guidelines have 88 been found in buildings in Florida. Additional information regarding radon or radon testing may be obtained from your 89 County Public Health unit. 90 (c) Mold is naturally occurring and may cause health risks or damage 10 property. If Buyer is concerned or desires 91 additional Information regarding mold, Buyer should contact an appropriate professional. 82 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Sec;tjon 553.996, F S. 93 (e) Ifthe real property ¡ndudes pre-1978 residential housing Ihen a lead-based paint rider is mandatory. 94 (f) If Seller is a "foreign person" as defned by the Foreign Investment In Real Property Tax Act, the parties shall comply WIth that Act. 95 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE 96 HOMEOWNERS' ASSOCIATION DISCLOSURE. 97 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY 98 TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR 99 SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS 100 REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY 101 QUESTIONS CONCERNING VAlUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 102 XII. MAXIMUM REPAIR COSTS: Seller shan not be responsible for payments in excess of: 103 (a) $ for treatment and repair under Standard D (if blank, then 1.5% of the Purchase Price). 104 (b) $ for repair and replacement under standard N not caused by Wood Destroying 105 Organisms ~f blank, then 1.5% of the Purchase Priçe}. 106 XIII. HOME WARRANTY: 0 Seller D Buyer JiI N/A will pay for a home warranty plan Issued by 107 at a cost not to exceed $ . 1011 XIV. RIDERS; ADDENDA¡ SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made a 109 ..Qart of this Contract: 110 U CONDOMINIUM D VA/FHA D HOMEOWNERS' ASSN. 0 LEAD-BASED PAINT 111 0 COASTAL CONSTRUCTION CONTROL LINE 0 INSULATION 0 "AS IS" 112 0 Other COmprehensive Rider Provisions l8f Addenda 113 Special Clause(s): 114 115 I" 117 XV. STANDARDS FOR REAL ESTATE TRANSACTJONS (''Standards''): Buyer and Seller acknowledge receipt of a copy of 118 Standards A through Y on the reverse side or attached, which are incorporated as part of this Contract. 119 THIS IS INTENDED TO BE " LEGAU. Y BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN "TTORNEY PRIOR TO SIGNING. 1 20 THIS 'ORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS8 AND THE FLORIDA BAR. 121 Approval does not COMti/ule In ~ that 1111 d the tenns and CO/IdtIons in /t!is Contract should lie øcœpted by /he parlJe$/fI a p4l1icul., transacbon Terms and ~condII~ionS negotMJed tfNI rup_l/1lefI!: objectM!5 iInd b~ning positrons af.H interutedpermns '~- ~""ltf-t'J 122 - P ~ 123 (Buyer) CRC Recovery Foundation, Inc. (Date) (Seller) City of Delray Beach (Date) 124 125 (Buyer) 128 Buyers' address for purposes of notice 127 (Date) (Seller) SeNers' address for purposes of notice (Date) Phone Phone 128 BROKERS: The brokers (including cooperating brokers, if any) named below are the only brokers entitled to compensation in 129 connection with this Contract: 130 Name: NONE NONE 131 Cooperating Brokers. If any L.isting Broker FAR/BAR-7s Rev. 7104. Software and added formattmg @ 2004 AJta Star Soflware, Inc. (305) 279-8898 Page 2 of 4 I ICU ....,. "'.... U.... ....e-r-' 1-1 ..." ""UII, 111 -.lO.L-C.IC.-C.lõJ.3 p.., 132 STANDARDS FOR REAL ESTATE TRANSACTIONS 133 A. TITLE INSURANCE: The TItle Commitment ehat be ilsuecf by . Florida licensed title insurer agreeing to issue Buyer. upon recording of the deed to 134 Buyer, an owner'll policy of title insurance In the amount of tha purchase price, insuring Buyer'll marketable titfe to the Real Property, subject only to 135 matters contained in Plragnaph VII and thoaelo be di&charged by Seier al 01' before CIO$ing. Marketable titte shall be determined acœrdlng to applicable 136 Title Standards adopted by authonty of The FIolfda Bar and in accordance ""Ih law Buyer shall have 5 days from dale of receiving Ihe Title Commitment 137 to eømine It, and If title is found dar.c;tive, notify Seller in writing specifying defecl(s) \'id1icl1 render title unmarketable. SaUer shall have 30 days from 138 recelpl of notice 10 remove the defects. felting which Buyer shall, within 5 days after expiration of the 30 day period, deliver written notice to Seller either: 139 (1) extending the time for a reasonllble period nollo exeeed 120 daY' Within which Sefler shaU use clillgent effort to remove the clel'ects, or (2) requesting a 14D refund of deposit(s) paid whICh shall be retumed to Buyer. If Buyer faìls to so nobfy Seller, Buyer shaU be deemed to have accepted the title as il then IS. 141 Seller shall. if title Is found unmarUtabl.. u.. clfigenl etrort to colTllCl defec;t(s) within the lime provided. If, aller ddigent effort, Seller is unable to timely 142 coned the defeå$, Bu~r shaR either waive the defects, or teœive a refund of deø05it{s). tl1ereby releasing Buyer and Seller from all furtber obligations 143 under this Contract. If Seller Is 10 provide the rltte Commilment and It is delrvervd 10 Buyer le&8 than 5 days pnor to Closing, Buyer may extend Closing so 144 that Buyer shall have up to 5 days from date of raceipt to examne same In accordance with thiS Slandard. 145 B. PURCHASE MONEY MORTGAGE: SECURITY AGREEMENT TO SELLER; A purchase money mortgage and mortgage nole to Seller shan provIde 146 for a 30 day grace perfod in the event d default if . lira{ mortgage and a 15 day grace period If a second or lesser mortgage; shall provide for nght of 147 prepayment in whole or "' part WIthout penalty: shaR pemIit acceleration In event of transfer of the Real Properly; shall require all prior liens and 1.8 encumbrances to be kept In good standing, shall forbid modifications of, or future advances under, prlOl' mortgagees); shall require Buyer to maintal1 1.8 policies of Insurance conlalnlng a standanl mortgagee clause covering an improvemenls located on the RNI Property against fife and all perils included 150 within the term "extended coverage endorsements" and such other nska and penis as Seller may reasonably require, In an amount equal to their highest 151 insurable value; and the mortgage. nOIe and security agreement shall be olherwlse In fonn and content required by Seller, but Seller may only require 152 dauses and coverage customarily found in mortgslleI, mortQage note& and security agreements generally utilized by aal/ings and loan Institutions or state 153 or national banks located 11 the county ~erein the Real Property Is Jocated. All Personal Property and teases being conveyed or assigned will, at Seller's 154 option, be subject to the lien of a sea.uity agreem8f'lt evidenced by recorded or filed linanång statements Dr certificates of title. If a balloon mortgage, the 156 final payment Will exceed the periodiC payments !hereon. 156 C. SURVEY: Buyer, at Buye"s expense. Within time allowed 10 deliver evidence of title and 10 examine same, may have the Real Property surveyed and 157 certified by a registered F10rida surveyor. If tile SUII/ey discloses 8f'Icroacllments on the Real Property or \hat improvements located \hereon encroach en 1511 setback lines. easements, lands of others OI'VIOIafa any reslnclicns. Contract covenants or applicable governmenlal regulations, the same shall constitute 158 a title defect 180 D, WOOD DESTROYING ORGANISMS: 'Wood Destroying Organisms" (WOO) shall be deemed to include all wood deslroYl1g organisms reqUIred to be 1111 reported under the Florida Structural Pest Control Ad. as amended. Buyer, al Buyer's expen&e, may have the Proparty insøected by a Aorida Certified 162 Pest Contra! Operator ¡operator") withlr1 20 days after tile Effective Date lo determine If t!\ere is any VISible active WOO Infeslation or IlÌ&ib!e damage 183 from WOO inf8&tatlon, excluding fences. If either or both are found, Buyer may within salel 20 days (1) have cost of treatment of active infestation 1114 estimated by Ihe Operator, (2) have all damage Inspected and cost of repair estimated by an approprta1e~ licensed contractor; and (3) report such cost(s) 165 to Seller in writing. Seller sha. cause the treatment and repair of all WOO damage to be made and pay the costs thereof up to the amount provided in 166 Paragraph XII(a). If estimated costs exceed that amount, Buyer shall have the optlCn of canceling this Contract by giving written notice to Seller WIthin 20 161 days after the Elfective Date, or Buyer may elect to proceed with the transaction and recerre a ctedit at Closing equal to the amount provided in 188 Paragraph XII(a). If Buyer'S lender reqult1!S an updated WOO report, then Buyer shall. al Buyers expense, have Ihe opportUnity to have the Property Fe- 189 Inspected for WOO infestation and have the cost of dve Infestation or new damage estimated and reported to Seller in writing at least 10 days prior to 170 Closinll. and thereafter, Seller shall cause such tnletment and repair to be made and pay the cost thereof; provided, Seller'1 totel obligation for treatment 171 and repair costs required under both the IIrst and second Inspection shall nol exceed the amount provided In Peragraph XII (a). HZ E.IMGRESS AND EGRESS: SeUer warrants and represents that ttlere IS ingress and egress to the Real Property sufficient for its Intended use as 173 delcñbed In Paragraph VII hereof and title to the Real Property 1& insurable In accordance with Standard A withoul excepbon for lack of leg. nghl ~ access. 174 F. LEASES; Seller shall, alleast 10 clays before Closing. furnish to Buyer copies of aU wntten leases and estoppel letters from each tenant specifying the 175 nature and duration of the ..nanrs occupancy, rental rates, advanced renl and security deposits paid by lenant If Selle,. il unable to obtain such lelter 178 from each tenant, lhe same information shall be fumlsned by Seller to Buyer WIthin that bme period In the form of a Seller's aflidavd. and Buyer may 177 thereafter contact tenant to confinn such Information. If the terrtl$ of IIIe leases differ materially from Seiler's representations, Bu~r may terminate this 178 Contract by delivering written notice IQ Seller at INI15 days prier to ClOsing. seller snaU, al ClOSing, deliver and assign 811 original leases to Buyer 179 G. WENS: Seller shaD fumlltl to Buyer at tllne of Closing an affidavit attesting to the ab&ence. unless otherwise provided for heretn, of any financing 180 statement, c1eime of rl8f1 or potentiallienors known to Seller and further IItIe$ling that there have been no Improvements or repairs 10 the Real property fOr 181 90 days Immediately preceding date of Closing If lhe Real Property has been Improved or repaired Wllhin that lime. Seller shall dEWiver releases or waivers 182 of construction lien. executed by 811 genellll oontractons, subconlntclons, auppllers and materialmen 111 addition to SeUer's ben aflldavit setting forth Ihe 183 names of all such general contractors, subcontractors, suppliers and matenalmen, further aflinning that all charges for improvements or repairs which 184 could serve as I basis for I COIIsltuctlon lien or a dalm for damages have been paid or will be pilÏd al the Clœing of 11118 Contract. 1115 H, PLACE OF CLOSING: ClOsing shall be held in the county 'Atlel'eln the Real Property is located at the office of the attorney or other clO$ing agent 186 ("Closing Agenr') cleslgnaled by the party paying for IItIe insurance. or, if no title insurance, deSIgnated by Selle.- 1111 I. TIME: In computing time periods of less lhan six (6) days, Salurdays, Sundays and state or national legal holidays shaU be exduded. MY time periods 188 provided for herein winch shall end on a Salurday, Sunday, or a legal noliday shlD extencllo 5.00 p.m. of the nex! buSiness day rll1l8 Ie of the "$Vm.. 189 In this Contract. 190 J. CLOSING DOCUMENTS: Seller shall tlmi.h the deed, bill of sale, certificate of title, COIIslruction lien affidavit, owne~s po&H5slon affidavit, 191 assignments of leases, tenant and mortgagee estoppel letters and correclive Instruments. Buyer shall furnish mortgage, mortgage note, security 192 agreem8f'lt and finandng statell'\enls. 193 K. EXPENSES: Documentary stamps on the deed and recording of corrective inslrumenls shaH be pBld by Seller. All costs of Buyer's loan ('Atlel/ler 194 obtained from Se 1er or third party). InCludlng, but not limited to, documentary stamps ancl intangible tax on the purchase money mortgage and any 195 mortgage assumed. mortgagee tllle insurance commitment with ",'ated Tees, and recording of purchase money mortgage to Seller. deed and financing 198 statements shall be paid by Buyer. Unless oIhefWlSl! provided by law or rider to thIS Contract, charges for the follOWIng related bile servICeS. namely IrtJe 197 evidence, tllIe eøminatlon. and cIollng fee (ltIcJuding preparation of dosinç slatemenl), shall be pëUd by the party responsible fol' furnishing the title ID8 evidence in accordance with Paragnlp!1 V. 199 L. PRORATIONS: CREDITS: Taxes, assessments, rent. interest. insurance and other expenses of the Property shal be prorated through the day before 200 Closing Buyer shalt have the option of taking over existing policies of I/Isurance, if assumable. In whIch event premiums shaM be prorated. Cash at 201 Closing shall be increased or decreued as may be requited by prorations 10 be made 1ttrough day ¡:mor 10 Closing, or occupancy. if occupancy occurs 202 before ClOSIng Advance rent and secunty deøosits wiI be credited to B~yer. Escrow deposits held by mortgagee will be credited 10 Seller. Taxes shaN be 203 prorated basecl on the current year's tax with due allowance made for maximum allowable dlscounl, homestead and other exemptions if Closing occurs at 204 a date When the curret't year's mßfage is not fixed and current years assessmenllS available. taxes will be prorated based upon such assessmenl and 205 prior yea~s millage. If current year's assessment is not available, then taxes Will be prorated on poor year's lax. If there are completed I/T1provements on 206 the Real Property by January 1st of year of Closing. whIctIllT1provemenls were ~ot ill existence on January 1s1 of prior year, then taxes shall be prora!ed 207 based upon pnor yea~1 mdlag& and at an IICtlJltable assessment !o be agreed upon between the parties, falbllg Which, request shall be made 10 the County 201 Property Appraiser for an Informal assessment takU1g Into account available 9X9mp!lons. A lax proration based on an estimate shall. at request of ellher 209 party. be readjusted upon rsce~1 of current year's tax bill. F AR/BAR.-7S Revised 7/04 4:12001 Ronda AssocIation r1f REAL TORse and The Fiends 8M AI RIghi. Reserved. Software and added tonnattlng œI 2004 Alta Star Software, Inc. (305) 279-8898 Page 3 of <4 -.- -.-- 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 2311 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 25ð 257 258 259 260 261 262 283 264 285 266 267 268 2ßa 270 271 272 273 274 275 276 277 278 27t 280 281 282 283 284 285 28& 287 288 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) M. SPECIAL ASSESSMENT UENS: Except a& Ht. foI'\h in Pangraph XI(a), certified, cortfirmed and ratified Special a&Sassmant liens Imposed by publiC bodies as of Closing are to be paid by Seller. Pending liens IS of CloSing shall be assumed by Buyer tr the Improvement has been substantially completed as of Effective Date, any pending hen shan be considerad cerMed, confirmed or ratified and Seller shall, at Closing, be charged an amount equal to the last estimate or asseasment lor the Improvement by the public body. N. INSPECTION AND REPAIR: Seller warrants that the cei6ng. roof Qncludmg the fascia and soffits), exterior and interior walls, foundation, and dockage of the Property do not have any visible Ividence of leaks, water damage, or structural damage and thalthe septJc lank. poOl, all apø/lances, mechanical Items, heating, cooling, electrical, plumbing Systems. and machinery are in Working Condition. The foregoing wananty shall be limited to the items specífiød unless ott\ellHlse provided iR an addellClum. Buyer may insped, or, al Buyers expense. have a IIrm or indlvidll8l specializing In home inspecUons and holding an occupationallic:ense fer such purpose (If required). or by an appropriately licensed Florida contractor, make inspeålons of, those Items within 20 days after the Effective Oat.. Buyer Ihall, prior to Buy..... occupancy but not more than 20 days after Effective Date, report in writing 10 Seller suct1l1ems that do not meel the above standards as to defects. Unless Buyer timely reports such defects, Buyer shall be deemed to have waived SeIler's warranties as to defects not reported If repairs or replaC8l1Mll\ts are required to comply Mth this Standard, Seller shall cause them to be made and shall pay up to II1e amount provided '" Paragraph XII (b). Seller is not required to make repairs or replacemenls of a Cosmetic Condition unless caused by a defed Seller is responsible 10 repair or replace, If the cost for suc:h repair or replacfinent exœedl the amount provided in PBJ'8greph XII (b). Buyer or Seller me)' elect to pay suet! excess, failing 'Nhidl either party may canœl tn\S Contract. If Seller is unable to correct the defects pnor to Closing. the cost thereof shall be paid Into escrow at Closing. For pUf1 Oses of tt\is Contract· (1) "WorkIng Condition" means operating in the manner in which the item was deSIgned to operete; (2) 'Cosmetlc Condition" means aesthetic ImperfeclJOIII that do not affect the Wooong Condition of lhe item, Inclucling, but not limited to: pitted marclte or other pool finishes, missing or torn screens: fogged windows; lears. worn spots. or discoloration of floor covenngs, wallpaper. or window trealmenta; nail hOlea, scratches, dents, scrapes, chIps or caulkIng in celtings, walls, ftooring, fixtures, or mirro~, and minor cracks In noo~, tiles, windows, drIVeways. sidewaJks, or pool decks; and (3) cracked roof bles. curting or worn Shingles. or bmiled roof life shall not be considered defBcts Seller must repair or replace, so long as tf1ere Is no evidence of actual leaks or leakage or structural damage, but mlS&ing tiles 'Mil be Seller's responsibility to replace or repair. O. RISK OF LOSS: If the property IS damaged by 111'1 or other casualty before Closing and cost of restorabon does not exceed 1.5% of the Purchase Pnce of the Property so damaged. a)Sf of restoration shall be an obligation of Seller and Closing shall proceed pursuant to the terms of this Contract with restoration costs escrowed at Closing. If the cast of restoration exceeds 1.5% of the Purd1,se Pnce of the Property so damaged, Buyer shall either take the Property as IS, together with either the f .5% or any InSlnllce proceeds payable by virtue of such loss or damage. or receIVe a refund of deposlt(a), thereby releasing Buyer and SeHer from .,1 futther obligations under this Contract. p, CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds If Ihe btle agent insures adverse matters pursuant to Section 621.7641, F S , as amended. the escrow and clOSIng procedure required by this Slandard shall be waived. Unless waiVed as set forth above the foIiowlng dosing procedures shaH apply: (1) aM dOsing proceeds shall be held n escrow by the Closing Agent for a penod ofnolmore tI\an 5 days after Closing: (2) if Seller's litle is rendered unmarketable. through nD fault of Buyer. Buyer shall. within Ihe 5 day period. notify Seller in wnting of the defect and Seller shall have 30 days from date of receIpt of such notifica!Jon to cure the defect: (3) If Seller falls to timely cure the defect. all deposits and closing funds shall. upon written demand by Buyer and WIthin 5 days after demand. be returned to Buyer and, Simultaneously With such repayment. Buyer shall retum the Personal Property, vacate Ihe Real Property and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) If Buyer fads to make timely demand for refund, Buyer shall take tille as Is, waiving all Tights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in tne deed or biI of sale. Q. ESCROW: Any Closing Agent or escrow agent (COllectively "Agent") receiving fuOOs or equIValent IS authorized and agrees by acceplance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburæ them in accordance with terms and conditions of thiS Conlracl. Failure of funds to clear shall not exa.lse Buyer'& performance. (f In dDubt as to Agenfs duties or ~abillties under the provisions of this Contract, Agent may, atAQenfs option, continue to hold tI1e subject matter of the escrow until the parties herato agree to its cflSbursement or untH a judgment of a court of competent jurfsdictlon shall deterrmne the rights of the parties. or Agent may deposit same with the clerk of the circuit court having junsdiction of the dispute. An attorney who represents a party and also adS as Agent may ¡epresent such party in such action. Upan notifying all parties concemed of $uch action, all liability on the part of Agent shall iJlly terminate, except to the extenl of accounting for any items previously delivered out of escra.v. If a licensed real estate broker. Agent will comply wttI1 provisions of Ctlapter 475, F.S., as amended. Any sUlI between Buyer and Seller wherein Agent IS made a party because of acting as Agent hereunder, or in any suit wherein Agent Interpleads the subject matter of the escrow, Agent shal recover reasonable attorney's fees and costa incurred WIth these ,mounts to be paid from and Dut of the esctOwecI funds Dr equivalent and Charged and awanied as court costs In fevor Df tf1e prevailing party. The Agent shall not be lable to any party 0( person for misdelivery 10 Buyer or Seller of items subject to the escrow. unless such misdelivery la due to willful breach or the provlslona of this Contract or gross negligence Df Agent. R. A11'ORNEY'S FEES; COSTS: In any Utlgation, Including breach, enforcement or interpretation, ansing out of this Contract, the prevalHng party In such libgalion, which. for purposes of this Standard, 5hall ¡ndude Selllilr, Buyer al1d any broKers actng In agenc1 or nonagency nNatJDnS/1lps authonzed by Chapter 475, F.S.. as amended. shall be entlled 10 recover from \he non-prevailing party reasonable attorney's fees, costs and expenses. S. FAILURE OF PERFORMANCE: If Buyer faill to perfonn thit Contract within the lime speci~ed, including payment of all deposits, the aeposlt(s) paid by Buyer and deposil(s) agreed to be paid, may be recovered and ratalned by and for the account of Seller as agreed upon liquidated damages, consideration for the execu1ion of thiS Contract and in full aettlement of any claim8; whereupon, Buyel and Seller mall be relieved of all obligations under this Contract; or Seller, at Seller's option, may proceed 1/1 equity ID enfOrce Seller's ngl\l5 under thIS Contract. If for any reason other Ihan faüure of Seller to make SeIer's title marke!able after dDigent effort. Seller fa", neglecb or refuses kI perfonn this Contrad, Buyer may aeek specifIC performance or elect to receive the retum of Buyer's deposlt(s) withoulthereby waivIng .,y action for damages resulting from Seller's breach. T. CONTRACT NOT RECORDABLE; PERSONS BOUND: NOTICE: FACSIMILE: Neither this Contract nor any nolice of It shall be recorded In any publIC records. This Contract shall bind and inure to the benefit of the parties and their successors In ¡nterest. Wt1enever lI1e conlext permits, sIngular shall mclude plural and one gender Ihall include all. Notice and delivery given by or to the attorney or broker representing any party shall be as effective as if given by or to t/tat party. All notices mU$t be 'n writing en<l may be made by mail, personal dehv81Y or electromc media. A legible facsimile copy of this Contract and any signatures hereon shall be considered for al purposK u an original. U. CONVEYANCE: Seller shaD convey markelable bile to the Real Property by statutory warranty, trustee's, personal representative's. or guaniian's deed. as appropñate to the status of Setler. subject only to matters contained In Paragraph VII and those otherwise accepted by Buyer Pef30nal Property shall. at the request of Buyer, be traRSferred by an absolute bill of sale with warranty of litle, subject only to such matters as may be otherwise provided for herein V. OTHER AGREEMENTS: No pf'lor or present agreements or represenlallons shall be binding upon Buyer or Seller unless included in thìs Contract. No modlllcatlon to or change In thIS Contract sIIaU be valid or bInding upon the parties unless in writing and executed by the parties intended to be bound by ~ W. SELLER DlSCl.OSURE: There are '10 fact5 knowI1 to Seller materially affecting the value of Ihe Property which are not readily Obs9Nable by Buyer or which have not been dIsclosed to Buyer X. PROPERTY MAINTENANCE; PROPERiY ACCESS; REPAIR STANDARDS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller mall mëIJl1taln \he Property, including, but not Ifmlted to lawn. shrubbery, and pool in Ihe condition exJstlng as of Effective Dale. onilnary wear and tear exce )ted Seller shall, upon reasonable notice, provide utillias serYlC8 and access to lI1e Property for appraisal and InspectJons. incfuding a walk-through prior to Closing, to confirm that all dems of PeJso 1a1 Property are on the Real Propert' and, subject to the foregoing, that all reqUIred repairs and replacements have been made. and thaI the Property has been maintained as required by this Slandard All repaIrS and rep!acemeots shaH be completed in a good and woManlike manner. In accoldance with an requlrementa of law, and shall conSIst of matenal5 or ItelT'S of quality, value, capacity and performance comparable to, or better tnan. that existing as of the Effec:live Dale SelJer Will asmgn allISSlgnable "'pBlr and treatment conIracts and warranties to Buyer at ClOSInø Y. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a IIke-kind exchange (either slmu~aneous with Cfosing or deferred) With respect tD lite Property under Seebon 1031 of the Internal Revenue Code ("Exchange'), t.,e other party shall cooperate in aU reasonable respects to effectuate the Exchange, Including Ihe execution of dOCl.lments; provided {1} the cooperaltng party 5/'all incur no liability or expense related to the Exchange and (2) the Closing shall not be contingent upon. nor extef\ded or delayed by, such Exchange. FARlBAR-7s Rev. 7104 C 2004 Florida Association of REAl TORS«) and The Flooda Bar All Rights Reserved Software and added formatting C) 2004 Alfa Star SoftWare, Inc. (305) 279-8898 ALTA ST!R sorTW." Page 4 of4 -. -- -----. _0 _... ___~. 0 --- - - - -- ADDENDUM TO CONTRACT FOR SALE AND PURCHASE BUYERS: SELLER: CRC RECOVERY FOUNDATION, INC. THE CITY OF DELRAY BEACH LEGAL DESCRIPTION: The Easterly 240.49 feet, less southerly 500 feet, of Lot 20, block 1, DELRAY SHORES, according to the plat thereof, as recorded in Plat Book 24, pages 232-233 of the Public Records of Palm Beach County, Florida. This addendum is made part of the Contract for Sale and Purchase concerning property referenced above. 1. This Contract is contingent upon the Seller delivering to Buyer within 10 days from the effective date copies of any prior surveys, etc. The seller has the right to complete their own survey of the property and this contract shall be void if the survey shows encroachments on the property. 2. The seller agrees to provide, at no charge to the Buyer. all the improvements to the property I which are required by any agencies of the City of Delray beach for parking (minimum 120 spaces), lighting and landscaping in order for the Buyer to complete and operate the new facility that the Buyer intends to build on the premises. '( ,/ BUYERS: SKLLER: SECOND ~DENDUft1 TOCO~CTf9RSALEANDPVRC~E CRC RBCOVERY FOUNDA TtON. INC. THE CITY OF DELRA Y BEACH LEGAL DESCRIPTION: The Easterly 240.49 reet, 1aa southerly 500 fed. oC Lot 20. block I, DELRA Y SHORBS, according to the plat thereo~ as recoroed in Plat Book 24, pages 232-233 of the Public Reccnds of Palm Beach County, Aorid&. This Second Addendum if made part of the Con1ract for Sale and Purchase for the property refeIenced above: 1. Parasraph 2 of Ihe finn Addendum (0 Contract for Sale and Purchatc (relating to Buyer beinl IapOnsib\e ror certain improvements to the I"roperty) is omitted. 2. The "Purchase PricelPayment"' provisions (line¡ 17-26) are changed to provide as follows: e. Buyer will Jm)vide I putchase money nole and ß\ortgage to the SeHer in 1M 1n10wrt of $300,000 (Jines 23 and 54). The terms of the note will be 15 foJlows= . ten-year tem.. no interest and.Buyer wíU pay Seller S30,00<1 per year. Standards Band K of tbe ori&ina! contract will be applicable to the purchase money mortøase. b. n,e balll\ce to close (lines 25 and 26) to be provided by the Buyer will be 5600,000. Note: The purchase price win remain at 11.000.000. The deposit wilt Teml1in at $10,000 and tbe additional escrow deposit wil118main at $90.000. 3. oJc ~~_~~~'~A!S.~pewe~1I~ ü:mpIM.~J!I_,anut1IlI~~,·J'·_·~~ ~... BUYER: By~ ~UND~rnc. . wrence C. Eat~ President Z-.J.3-DS Date SF.LLER: crrv OF DS1..RA Y BEACH By: Date *Notwithstanding the closing being scheduled fdr April 14~ 2005~ the Seller reserves the right to extend the closing date by up to sixty (60) days in the event the Seller has not been able to locate alternative storage space acceptable to the Seller~ in its sole discretion. MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # \ () e... - REGULAR MEETING OF MARCH 15. 2005 ORDINANCE NO. 6-05 SUBJECT: DATE: MARCH 11, 2005 This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to Land Development Regulations (LDR) 4.4.5 "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. 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 currendy required. The language is vague, somewhat arbitrary, and can create difficulties with implementation. The RL district also states that multiple family uses and structures must be approved by the Site Plan Review 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 perfonnance 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. The Planning and Zoning Board held a public hearing at Its meeting of January 24,2005. There was no public testimony. The Board voted 5-0 to recommend to the City CommissIOn approval of the proposed amendment, based upon positive 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 LDR Section 2.4.5(M) (Amendment to Land Development Regulations). At the first reading on March 1,2005, the City Commission passed Ordinance No. 6-05. Recommend approval of Ordinance No. 6-05 on second and final reading. S.\Clty Clerk\agenda memos\Ord.6-05 WR 4.4.5 RL DensIty Range 03.15.05 TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVID~E ,I At.lAGER PAUL 601iUNG, DIRECT OF PLANNING AND ZONING JEFFREY A. COSTELLO, SISTANT PLANNING DIRECTOR MEETING OF MARCH 1, 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. 01; z%1 I 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. I REVIEW BY OTHERS Plannina and Zoning 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 Agencv: 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 15, 2005. Attachment: Planning & Zoning Board Staff Report of January 24, 2005 \OD I)ElR~\' BEACH ~~.~.. rin'p PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT DURAY BEACH bïÞ.f ;ljjP lqCj ~ ~()l11 1(19~ '0!)1 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. ITEM BEFORE THE BOARD ____A___ _ The item before the Board is that of making a recommendation to the City Commission regarding City-initiated amendment to LDR Section 4.4.5 regarding the RL (Low Density Residential) regulations, pursuant to LDR 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 ANALYSIS 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 LDR 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 IV.F. Planning & Zoning Board Memorandum Staff Report LDR Amendment - RL Zoning District Performance Standards Page 2 density. In addition, the standard for recreational amenities has been amended to require that facilities be provided for children of all ages. 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 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, 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 ordinance 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. Objective 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, Planning & Zoning Board Memorandum Staff Report LDR Amendment - RL Zoning District Performance Standards Page 3 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. REVIEW<BYOTHERS 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 2ih 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. ALTERNATIVE ACTIONS 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. RECOMMENDATION By motion, recommend to the City Commission approval of the attached amendment to LDR Section 4.4.5 by adopting the findings of fact and law contained in the staff report Planning & Zoning Board Memorandum Staff Report LDR Amendment - RL Zoning District Performance Standards Page 4 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 LDR Amendment Map showing RL zoned properties ORDINANCE NO.lø-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-FAMIL Y 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 163.3174(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 ofthe 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 I. 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 Planning & Zoning Board Memorandum Staff Report LDR Amendment - RL Zoning District Performance Standards Page 5 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 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 Re2Ulations: (1) .^.. miniffi1.HR density of three units per acre is established for duplex and multiple family housing projects v{Íthin this District. Density may exceed the base of three (3) units per acre only upon a determination by the Local Planning f..gency that the resulting de'/elopment is harmonious v¡ith adjacent properties and does not adversely affect areas of environmental significance or sensitivity. Howe';er, the maximum density shall not exceed six (6) units per acre. (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. Proiects having fewer than twenty-five (25) Planning & Zoning Board Memorandum Staff Report LOR Amendment - RL Zoning District Performance Standards Page 6 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: (I) Performance Standards: (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 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 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 Planning & Zoning Board Memorandum Staff Report LDR Amendment - RL Zoning District Performance Standards Page 7 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 proiect. (g) The proiect 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 proiects. For those types ofproiects, 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 RL with a density suffix, the approving body must make 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 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_ ATTEST MAYOR Planning & Zoning Board Memorandum Staff Report LDR Amendment - RL Zoning District Performance Standards Page 8 City Clerk First Reading Second Reading [ITY DF DELIRY BER[H CITY ATTORNEY'S OFFICE DELRA Y BEACH b:äd AJl.Amerlca City ~1Ir, 200 NW 1st AVEKUE . DELRAY BEACH. FLORIDA 33444 TELEPHONE 5611243-7090 . FACSIMILE 5611278-4755 Writer's Direct Line: 561/243-7090 MEMORANDUM DATE: February 28, 2005 TO: City Commission David T. Harden, City Manager Terrill Barton, Assistant City Attorney ~ FROM: SUBJECT: Emeraencv ManaQement Ordinance Attached please find an ordinance updating the City's emergency management ordinances. Please place it on the next available City Commission agenda for first reading. Thank you. TCB:smk Attachment cc: Chevelle Nubin, City Clerk \;LA 0/< ~1 ORDINANCE NO. \ d.. -05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 95, "EMERGENCY MANAGEMENT", BY AMENDING SECTION 95.05 THROUGH 95.13 IN ORDER TO PROVIDE AN UPDATED ORDINANCE REGARDING EMERGENCY MANAGEMENT; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, in a continuing effort to update the City's emergency policies and procedures, certain revisions to the code of ordinances are necessary; and WHEREAS, the Commission desires to amend Sections 95.05 through 95.13 of the City's Code of Ordinances in order to reflect these revisions and clarify and streamline certain authority in the event of an emergency. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA: Section 1. That Chapter 95, "Emergency Management", Section 95.05, "Declaration of a State of Emergency", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: See 95.05. DECLARATION OF A STATE OF EMERGENCY. (A) The Mayor, Vice Mayor, City Manager, or the Acting City Manager, in the order named, based on availabilitv. shall have the authority to declare a state of emergency. Upon the absonco or un3v3il3bility of tho M3yor, the Vice Mayor m3Y issue such 3 declar3tion, 3nd upon the 3bsonco or un3vailability of M3yor 3nd tho Vice M3yor, the City Man3gor m3Y issue such docl3r3tion, or upon the 3bsonco or un3\'3il3bility of tho City M3n3gor, the ,^.cting City M3nagor m3Y issue such 3 docl3r3tion. (B) Any declaration of a state of emergency and all emergency regulations activated or rescinded under the provisions of this Chapter shall be confirmed by the City Commission by resolution no later than at the next regular meeting, unless the nature of the emergency renders a meeting of the City Commission extremely impractical. Confirm3tion of tho omorgoncy docl3r3tion Sh311 discloso tho re3sons for, 3nticip3tod imp3cts of, 3ctions proposed 3nd t3ken to m3n3ge the emergoncy, 3nd other pertinont d3t3 rel3ting to the emorgoncy roquiring the decl3r3tion. (C) Emergency resolutions authorized by this Chapter shall include, but are not limited to, the following subjects: Resolution Subject A Evacuation B Curfews, declaration of areas off limits c Suspension or regulation of the sale of, or offer to sell, with or without consideration, alcoholic beverages, ammunition, firearms, explosives and flammables or combustibles D Prohibiting the sale of merchandise, goods or services at more than the average retail price E Water use restrictions F Suspension of local building regulations G Regulating the use of and rationing of fuel, ice and other essentials H Emergency procurement procedures (D) Upon declaration of a state of local emerqency and durinQ the existence of a declared state of local emerQency. the Mayor or desiQnated city official. in addition to any other powers conferred upon the Mayor or desiqnated city official by F.S. Chapter 252. F.S. Chapter 870. or other law. has the power and authority amonQ other non enumerated powers to: (1 ) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the City if the Mayor or desiQnated city official deems this action necessary for the preservation of life or other emerQency mitiQation. response. or recovery. (2) Waive the procedures and formalities otherwise required of the city by law or ordinance pertaininQ to: (a) Performance of public work and takinQ whatever prudent action is necessary to ensure the health. safety. and welfare of the community: (b) Enterinq into contracts: (c) IncurrinQ obliQations; 2 ORD. NO. (d) Employment of permanent and temporary workers: (e) Utilization of volunteer workers: (f) Rental of eauipment: (a) Acauisition and distribution, with or without compensation, of supplies, materials, and facilities; (h) Appropriation and expenditure of public funds. (3) Prohibit or reaulate travel upon any public street. hiahway or upon any other public property. Persons in search of medical assistance, food or other commodity or service necessary to sustain the well beina of themselves or their families or some member thereof may be excepted from such prohibition or reaulation; (4) Impose a curfew upon all or any portion of the city thereby prohibitinq persons from beinq on public streets, hiahways, parks or other public places durinq the hours which the curfew is in effect: (5) Prohibit any person, firm. or corporation from usina the fresh water supplied by the city for any purpose other than cookina, drinkina or bathina: (6) Prohibit the sale or distribution of any alcoholic beveraqes, ammunition, firearms, explosives, and flammables or combustibles durina a state of emeraency with or without the payment or a consideration therefore; (7) Prohibit or reaulate the participation in or carryinq on of any business activitv, and prohibit or reaulate the keepina open of places of business, places of entertainment and any other place of public assembly: (8) Reaulate the use of and ration fuel. ice and other essentials: (9) Prohibit or requlate any demonstration, parade, march, viqil or participation therein from takinq place on any of the public riahts-of-way or upon any public property: (10) Suspend local buildina requlations as necessary durina the existence of a public emeraency: (11) Prohibit the sale of merchandise, aoods or services at more than the averaae retail price: 3 ORD. NO. (12) The restrictions referenced in sections (3) throuqh (11) above may exempt, from all or part of such restrictions. physicians, nurses and ambulance operators performinq medical services, on-duty employees of hospitals and other medical facilities, on-duty military personnel. bona fide members of the news media, personnel of public utilities maintaininq essential public services. city authorized or requested firefiqhter, paramedic. law enforcement officers and emerqency manaqement personnel and such other classes of persons as may be essential to the preservation of public order and immediately necessary to preserve safety, health and welfare needs of the people within the city. tQ.} í51 A declaration of a state of emergency shall activate the emergency plans applicable to the City. A declaration of a state of emergency shall automatically invoke the emergency measures listed in F.S. Section 870.044, if the emergency relates to overt acts of violence or the imminent threat of such violence. ~ 1Ð A state of emergency, when declared as provided herein, shall continue in effect from day to day until declared to be terminated. Provided, however, that a state of emergency declared pursuant to F.S. Section 870.041 et seq. shall commence upon the declaration thereof and shall terminate at the end of a period of seventy-two (72) consecutive hours thereafter, unless, prior to the end of such seventy-two-hour period, the public official or city official declaring the emergency shall have terminated such State of emergency. An extension of the 72-hour time limit must be accomplished by a request from the public offici31 3nd the concurrenco of tho City Commission, by duly en3cted resolution. declaration of extension of the state of emerqency by the Mayor or desiqnated City official. (F) Upon tho docl3r3tion of 3 st3te of emergoncy, tho City M3n3gor Sh311 post 3 'Nritten notico of such decl3r3tion upon tho m3in bullotin b03rd in City H311, 3nd Sh311, 3S promptly 3S pr3cticablo, filo in tho office of the City Clerk 3 notico of 3 docl3rod st3te of omorgency, or emergoncy m03sure decl3red or ordered 3nd promulg3tod by virtue of F.S. Section 870.011 ot. seq. The City M3n3gor Sh311 notify the local modi3 by tolophone, if pr3ctic3ble. 'Nhon pr3ctic3ble, the City M3n3gor Sh311 31so C3use 'A'ritten notico to bo publishod in its entirety, 3t loast three (3) days each wook in the ne'.vsp3per of gonor31 circul3tion in the City until tho St3tO of emergoncy is docl3rod to be termin3tod. Section 2. That Chapter 95, "Emergency Management", Section 95.06, "Termination of a State of Emergency", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Sec. 95.06. TERMINATION OF A STATE OF EMERGENCY. A state of emergency sRaU may be terminated by the official declarinq the emerqency or a person eliqible to declare an emerqency and the termination. shall be confirmed by a vote of the City Commission if practicable or upon the certification of the 4 ORD. NO. person who originally requested the declaration of the State of emergency, that the conditions leading to or causing the emergency no longer exist and the City's agencies and departments are able to manage the situation without extraordinary assistance. Provided, however, that a state of emergency established under F.S. Section 870.041 et seq., shall terminate at the end of a period of seventy-two (72) consecutive hours after the declaration of the emergency, unless, prior to the end of the seventy-two-hour period, the public official calling for a declaration of emergency or the City Commission has terminated such state of emergency. Any extension of the seventy t\a..o hour time limit must be accomplished by a request from the public official and concurrence of the City Commission by duly enacted resolution. Notice of termination of the emergency declaration shall be made to the public by the City Manager by the same means as the notice of the declaration of the State of emergency available means. Section 3. That Chapter 95, "Emergency Management", Section 95.09, "Police Emergencies", of the Code of Ordinances of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Sec. 95.09. POLICE EMERGENCIES. (A) A public emergency may be declared because of civil unrest or imminent threat to public peace or order when the Chief of Police, or if unavailable, the next highest ranking officer in the Police Department chain of command, certifies to the City Manager, (or, if unavailable, the Acting City Manager) that an emergency condition arising from hostile actions of others, armed or unarmed or other imminent threat to public peace or order, requires extraordinary measures for control, including, but not limited to curfew; blockade; proscription of the sale of firearms and other weapons, alcoholic beverages; explosives and combustibles;; evacuation; and other like actions. The City Manager, or if unavailable, the Acting City Manager, shall report said certification to the officials in the order named in Section 95.05 regarding the need to declare a state of emergency. Pursuant to Section 95.05, a declaration of emergency may then [be] issue[d]. (B) Declaration of a public emergency because of civil unrest or imminent threat to public peace or order, shall authorize the issuance of emergency resolutions /\, S, C, D and H, and other appropriate resolutions, as may be required and may, if applicable, Mayor. Vice-Mayor. City Manaqer or Assistant City Manaqer or other desiqnated official to exercise the powers provided in Section 95.05 or require automatic emergency measures pursuant to F.S. Section 870.44 et seq. In addition, additional discretionary emergency measures pursuant to F.S. Section 870.045 may be issued. Section 4. That Chapter 95, "Emergency Management", Section 95.10, "Fire and Hazardous Materials Emergencies", of the Code of Ordinances of the City of Delray Beach, shall hereby be amended to read as follows: 5 ORD. NO. Sec. 95.10. FIRE AND HAZARDOUS MATERIALS EMERGENCIES. (A) A public emergency may be declared because of fire or a hazardous materials incident emergency when the Chief of the Fire-Rescue Department, or if unavailable, the next highest ranking officer in the Fire-Rescue Department chain of command, certifies to the City Manager (or, if unavailable, the Acting City Manager) that an actual or potential condition arising from fire, explosion, chemical, radiological or biological spill, release or exposure, building or bridge collapse, or plane, train, or other vehicle accident, or other actual or potential occurrences which pose an unreasonable risk to health, safety and property, which requires extraordinary measures for control, including, but not limited to calling out of off-duty and reserve personnel; assistance by outside agencies; evacuation; and other like actions. The City Manager, or if unavailable, the Acting City Manager, shall report said certification to the officials in the order named in Section 95.05 regarding the need to declare a state of emergency. Pursuant to Section 95.05, a declaration of emergency may then issue. (B) Declaration of a public emergency because of fire. chemical. radioloaical or bioloaical and hazardous material emergency shall authorize the issu:mce of emergency resolutions 1\. B, C, D, E, G and H, and other appropriate resolutions, 3S may be required. City Manaqer or other desiqnated official to exercise the powers provided in Section 95.05. Section 5. That Chapter 95, "Emergency Management", Section 95.11, "Utility Emergencies", of the Code of Ordinances of the City of Delray Beach, shall be hereby amended to read as follows: Sec. 95.11. UTILITY EMERGENCIES. (A) A public emergency may be declared because of utility conditions when the Director of [the] Environmental Services Department, or if unavailable, the next highest ranking Environmental Services Department official, certifies to the City Manager (or, if unavailable, the Acting City Manager) that: (1) A condition exists or is imminent that endangers the safety, potability, quantity, availability, collection, conveyance, transmission, distribution, treatment, or storage of water or waste water through or within the City's water or waste water utility system; or (2) A condition exists or is imminent that endangers the safety, quality, quantity, availability, transmission, distribution, or storage of gas through or within the City's gas utility system; and (3) Extraordinary actions to control and correct the situation are required, including, but not limited to, emergency purchase; call-in of off-duty 6 ORD. NO. personnel; assistance by other communities and agencies; and other like actions. The City Manager, or, if unavailable, the Acting City Manager, shall report said certification to the officials, in the order named in Section 95.05 regarding the need to declare a state of emergency. Pursuant to Section 95.05, a declaration of emergency may then [be] issue[d]. (B) Declaration of a public emergency because of utility conditions shall authorize the issu::mce of emergency resolutions f., B, E ~md H, and other appropri::de resolutions, as may be required. exercise of emeraencv powers provided in Section 95.05. Section 6. That Chapter 95, "Emergency Management", Section 95.12, "Weather Emergencies", of the Code of Ordinances of the City of Delray Beach, shall be hereby amended to read as follows: Section 95.12. WEATHER EMERGENCIES. (A) A public emergency may be declared because of weather conditions when the National Weather Service or a State, County or local emergency management agency informs the City or the public that emergency conditions resulting from meteorological conditions are present or imminent. Meteorological conditions covered by this Section shall include, but are not limited to, hurricanes, floods, tornadoes, or other severe weather conditions and the results therefrom. The City Manager, or, if unavailable the Acting City Manager, shall request a declaration of a state of emergency from the officials in the order named in Section 95.05. Pursuant to Section 95.05, a declaration of emergency may then [be] issue[d]. (B) Declaration of a public emergency because of weather conditions shall authorize the issuance of emergency resolutions /\ through H, and other appropriate resolutions, as may be required. exercise of emeraencv powers provided in Section 95.05. Section 7. That Chapter 95, "Emergency Management", Section 95.13, "Suspension of Local Building Regulations", of the Code of Ordinances of the City of Delray Beach, shall be hereby amended to read as follows: Sec. 95.13. SUSPENSION OF LOCAL BUILDING REGULATIONS. The City Manager, or, if unavailable, the Acting City Manager, may authorize a suspension of local building regulations during and following a declared state of emergency when the Chief Building Official certifies to the City Manager, or, if unavailable, the Acting City Manager, that such action is necessary for the expeditious restoration of property damaged by the emergency event. Such suspension of building regulations may be applied on a case-by- case basis as required to remedy specific conditions and to facilitate the provision of emergency 7 ORD. NO. housing to disaster victims. The Chief Building Official shall specify the provisions of the building code to be suspended and the reasons therefore, when certifying the necessity of such suspension to the City Manager. The City Manager shall communicate to the City Commission the need to suspend local building regulations to the officials, in the order named in Section 95.05(A). The City Commission shall confirm the suspension pursuant to Section 95.05fb}. Section 8. 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 9. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 10. 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 , 2005. MAYOR ATTEST: CITY CLERK First Reading Second Reading 8 ORD. NO. Kucmerowski, Carolanne oj( ~ From: Sent: To: Cc: Subject: Ruby, Susan Tuesday, March 15,200510:51 AM Kucmerowski, Carolanne; Nubin, Chevelle; Harden, David Levinson, Jon; Perlman, Jeff; McCarthy, Alberta; Archer, Patricia; Bob Costin (Business Fax); Inglese. Cathy FW: General Pension Ordinance - Revised Importance: High ~ Gen Orc! Enhanced Mult 3-15-05.... I have received just this minute a revised ordinance 18-05 that is on tonight for first reading. The revisions clarify that the enhanced multiplier applies to early retirements as well as normal retirements and expressly provides that those in the Drop plan are not eligible. Please place this substitute ordinance on the City Commission agenda tonight. Thanks. Susan A. Ruby -----Original Message----- From: Jim Linn [mailto:jlinn@llw-Iaw.com] Sent: Tuesday, March 15, 2005 10:42 AM To: Ruby, Susan Subject: General Pension Ordinance - Revised Susan - the revised ordinance, which applies the enhanced multiplier to early as well as normal retirement is attached. Also - the eligibility language in paragraph (C) (3) has been revised to state that the enhanced multiplier is available to current and future employees who are not in the DROP. Please call me if you have any questions. Jim James W. Linn Lewis, Longman & Walker, P.A. Post Office Box 10788 Tallahassee, FL 32302 (850) 222-5702 (850) 224-9242 (Facsimile) THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE IS ATTORNEY WORK PRODUCT AND ATTORNEY/CLIENT PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR E-MAIL AND DELETE THIS MESSAGE. THANK YOU. *** *** eSafe scanned this email for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders *** 3/6fas- ~ I~ \6Lß ~,~ c),d\\\o.r\QQ... ~Q. \%-()$""" 1 3/15/05 ORDINANCE NO. \ ~-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", TO PROVIDE FOR AN OPTIONAL ENHANCED MULTIPLIER; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending section 35.093, "Retirement Income; Basis, Amount and Payment", to read as follows: Sec. 35.097. RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT. (A) Normal Retirement Income. (1) Amount of Normal Retirement Income. The amount of retirement income payable to a participant who retires on or after his normal retirement date shall be an amount equal to two and one-half (2.5) percent of final monthly compensation multiplied by credited service, expressed in years and tenths of a year, up to a maximum of thirty (30) years. A participant who has attained the age of sixty (60) and retires with five (5) or more years of credited service, but less than ten (10) years of credited service, shall be entitled to monthly retirement income in an amount equal to two and one-half (2.5) percent of final monthly compensation multiplied by credited service expressed in years and tenths of a year, multiplied by the participant's vested percentage as set forth in Section 35.091. (2) Payment of Normal Retirement Income. The monthly retirement income payable in the event of normal retirement will be payable on the first day of each month. The first payment will be made effective on the participant's normal retirement date (or on the first day of the month following actual retirement, if later), and shall be continued thereafter during the participant's lifetime. Upon the participant's death the same monthly benefit shall be continued to his or her spouse for one year, and sixty (60) percent of that amount shall be continued to the spouse thereafter until the earlier of the spouse's death or remarriage. The normal form of benefit for a participant who is not married at the time of retirement is a single life annuity. If a participant who is not married at the time of retirement later marries, the spousal benefit provided in this paragraph shall not apply unless the participant requests an actuarially adjusted benefit. (B) Early Retirement and Retirement Income. Early retirement under the plan is retirement from the service of the City prior to the participant's normal retirement date but subsequent to: the attainment of age fifty-five (55) and the completion of fifteen (15) years of credited service; or the completion of twenty (20) years of credited service, regardless of age. Payment of early retirement income will be governed by the following provisions of this Section: (1) Early Retirement Date. The early retirement date will be the first day of the month following the date a participant retires from the service of the City under the provisions of this Section prior to his normal retirement date. (2) Amount of Early Retirement Income. The monthly amount of early retirement income payable to a participant shall equal the product of "a" and lib" where "a" is the number of years and tenths of a year of credited service at the early retirement date multiplied by two and one-half (2.5) percent of final monthly compensation; and "b" is the applicable actuarial reduction factor to take into account the participant's younger age and the earlier commencement of retirement income payments. The factor to be used in "b" above is equal to one minus five-twelfths of one percent for each month that the early retirement date precedes the normal retirement date. (3) Payment of Early Retirement Income. The retirement income payable in the event of early retirement will be payable on the first day of each month. The first payment will be made effective on the participant's early retirement date and shall be continued thereafter during the participant's lifetime. Upon the participant's death the same monthly benefit shall be continued to his or her spouse for one year, and sixty (60) percent of that amount shall be continued to the spouse thereafter until the earlier of the spouse's death or remarriage. (C) Optional Enhanced MultiDlier. (1 ) Notwithstanding anv provision of the plan to the contrary. an elilZible participant mav elect a normal retirement benefit or early retirement benefit equal to three percent (3%) of final monthly compensation multiplied by credited service. expressed in years and tenths of a year. UP to a maximum of thirty (30) Years. Participants electing this enhanced multiplier shall thereafter contribute three and forty-five one-hundredths percent (3.45%) of earnings to the Plan in addition to the participant contribution specified in Section 35.095. and shall receive the enhanced multiplier for future periods of credited service only. Such participants may also elect to purchase the enhanced multiplier for some or all 2 periods of continuous service prior to the date of the election. by paying into the Plan the full actuarial cost of the enhanced multiolier. plus the full cost of any actuarial or other orofessional services required. Such payment may be made by cash lump sum oayment or by a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from an individual retirement account described in Section 408(a) of the Internal Revenue Code. an individual retirement annuity described in Section 408(b) of the Internal Revenue Code (other than an endowment contract). an annuity plan described in Section 403(a) of the Internal Revenue Code. a qualified trust described in Section 40Ha) of the Internal Revenue Code Section or an annuity contract described in Section 403(b) of the Internal Revenue Code. (2) The election to receive the enhanced multiplier under this Section must be made in writing on a form orovided by the City. Such election shall be irrevocable. If an eligible participant does not elect the ootional enhanced multiplier under this Section. or if an eligible oarticipant elects the enhanced multiplier for only a portion of his total continuous service. then the benefit provided in oaragraoh (1) shall be used to calculate the benefit for all continuous service to which the enhanced multiolier does not apoly. (3) For the purpose of this subsection (C). an eligible participant is any olan particioant who is employed by the City on or after the effective date of this ordinance. who has not entered the DROP. and who is not a member of a certified bargaining unit. At such time as the City and the union representing participants in a bargaining unit enter into a collective bargaining agreement that includes the optional enhanced multiplier provided in this paragraph. such participants who otherwise meet the eligibility criteria shall become eligible participants for the purpose of this subsection. 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 operate to invalidate the remainder hereof. Section 3. That this ordinance shall become effective immediately upon its passage on second and final reading, except as to plan participants who are covered under a collective bargaining agreement. This ordinance shall become effective as to the excluded employees immediately upon the date of ratification and execution of a collective bargaining agreement or memorandum of understanding that includes the provisions of this ordinance. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,2005. MAYOR 3 ATTEST: City Clerk First Reading Second Reading 4 [IT' DF DELRAY BEA[H 4 CITY ATTORNEY'S OFFICE ~()(\ '\ \\ ] ,[ -\ \T'\l 'E . DFJ R ~\Y Bb'\.CH. FLORIDA 33-+-+-+ JriJP!IO'\r- ."(;I-:'-1~-/(¡l;{I·I-c\C~J\lIU ."h]C7X--+755 DELRAY BEACH Writer's Direct Line: 561/243-7091 F LOR lOA D.e:&II All-America City , III I! DATE: 1993 TO: 2001 MEMORANDUM March 8, 2005 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: General Employees Pension Plan Ordinance No. 18-05, Providing for a 3% Multiplier Option Ordinance No. 18-05 provides for an option of a 3% multiplier instead of a 2 %% multiplier. The election to have a 3% multiplier is purely voluntary and may be elected for past or future service. The payment for past service is to be made by a person on an actuarial sound basis. Further, if a person elects a 3% multiplier going forward, they must pay an additional 3.45% into the plan over and above the cu rrent cost. This ordinance applies to general employees who participate in the plan, except that those general employees who are covered under a collective bargaining agreement shall be eligible to participate if a collective bargaining agreement provides for the benefit. Please place this ordinance on the March 15, 2005 City Commission agenda. ~ Attachment cc: Chevelle Nubin, City Clerk Department Heads James W. Linn, Esq. \~ 3/8/05 ORDINANCE NO. 18-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", TO PROVIDE FOR AN OPTIONAL ENHANCED MULTIPLIER; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTNE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending section 35.093, "Retirement Income; Basis, Amount and Payment", to read as follows: Sec. 35.097. RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT. (A) Normal Retirement Income. (1) Amount of Normal Retirement Income. The amount of retirement income payable to a participant who retires on or after his normal retirement date shall be an amount equal to two and one-half (2.5) percent of final monthly compensation multiplied by credited service, expressed in years and tenths of a year, up to a maximum of thirty (30) years. A participant who has attained the age of sixty (60) and retires with five (5) or more years of credited service, but less than ten (10) years of credited service, shall be entitled to monthly retirement income in an amount equal to two and one-half (2.5) percent of final monthly compensation multiplied by credited service expressed in years and tenths of a year, multiplied by the participant's vested percentage as set forth in Section 35.091. (2) Payment of Normal Retirement Income. The monthly retirement income payable in the event of normal retirement will be payable on the first day of each month. The first payment will be made effective on the participant's normal retirement date (or on the first day of the month following actual retirement, if later), and shall be continued thereafter during the participant's lifetime. Upon the participant's death the same monthly benefit shall be continued to his or her spouse for one year, and sixty (60) percent of that amount shall be continued to the spouse thereafter until the earlier of the spouse's death or remarriage. The normal form of benefit for a participant who is not married at the time of retirement is a single life annuity. If a participant who is not married at the time of retirement later marries, the spousal benefit provided in this paragraph shall not apply unless the participant requests an actuarially adjusted benefit. (3) Ootional Enhanced Multiplier. (a) Notwithstanding any provision of the plan to the contrary. an eligible participant may elect a normal retirement benefit equal to three percent (3%) of final monthly compensation multiplied by credited service. expressed in years and tenths of a year. up to a maximum of thirty (30) years. Participants electing this enhanced multiplier shall thereafter contribute three and forty-five one-hundredths percent (3.45%) of earnings to the Plan in addition to the participant contribution specified in Section 35.095. and shall receive the enhanced multiplier for future periods of credited service only. Such particiµants may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election. by paving into the Plan the full actuarial cost of the enhanced multiplier. plus the full cost of any actuarial or other professional services required. Such payment may be made by cash lump sum payment or by a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from an individual retirement account described in Section 408(a) of the Internal Revenue Code. an individual retirement annuity described in Section 408(b) of the Internal Revenue Code (other than an endowment contract). an annuity plan described in Section 403(a) of the Internal Revenue Code. a qualified trust described in Section 401(a) of the Internal Revenue Code Section or an annuity contract described in Section 403(b) of the Internal Revenue Code. (b) The election to receive the enhanced multiplier under this Section must be made in writing on a form provided by the City. Such election shall be irrevocable. If an eligible participant does not elect the optional enhanced multiplier under this Section. or if an eligible participant elects the enhanced multiplier for only a portion of his total continuous service. then the benefit provided in paragraph (1) shall be used to calculate the benefit for all continuous service to which the enhanced multiplier does not apply. (c) For the purpose of this paragraph (3). an eligible participant is any plan participant who is not a member of a certified bargaining unit. At such time as the City and the union representing µarticipants in a bargaining unit enter into a collective bargaining agreement that includes the optional enhanced multiplier provided in this paragraph. such participants shall become eligible participants for the purpose of this paragraph. 2 Ord. 18-05 (B) Early Retirement and Retirement Income. Early retirement under the plan is retirement from the service of the City prior to the participant's normal retirement date but subsequent to: the attainment of age fifty-five (55) and the completion of fifteen (15) years of credited service; or the completion of twenty (20) years of credited service, regardless of age. Payment of early retirement income will be governed by the following provisions of this Section: (I) Early Retirement Date. The early retirement date will be the first day of the month following the date a participant retires from the service of the City under the provisions of this Section prior to his normal retirement date. (2) Amount of Early Retirement Income. The monthly amount of early retirement income payable to a participant shall equal the product of "a" and "b" where "a" is the number of years and tenths of a year of credited service at the early retirement date multiplied by two and one-half (2.5) percent of final monthly compensation; and "b" is the applicable actuarial reduction factor to take into account the participant's younger age and the earlier commencement of retirement income payments. The factor to be used in "b" above is equal to one minus five-twelfths of one percent for each month that the early retirement date precedes the normal retirement date. (3) Payment of Early Retirement Income. The retirement income payable in the event of early retirement will be payable on the first day of each month. The first payment will be made effective on the participant's early retirement date and shall be continued thereafter during the participant's lifetime. Upon the participant's death the same monthly benefit shall be continued to his or her spouse for one year, and sixty (60) percent of that amount shall be continued to the spouse thereafter until the earlier of the spouse's death or remarriage. 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 operate to invalidate the remainder hereof. Section 3. That this ordinance shall become effective immediately upon its passage on second and final reading, except as to plan participants who are covered under a collective bargaining agreement. This ordinance shall become effective as to the excluded employees immediately upon the date of ratification and execution of a collective bargaining agreement or memorandum of understanding that includes the provisions of this ordinance. 3 Ord. 18-05 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 Ord. 18-05 Ok ~ [IT' DF DELRAY IEA[H CITY ATTORNEY'S OFFICE :'(ìí '\\\ ht\\,['\l L' DLLR\'\' BFACH FLORIDA 33444 TFLFPHO'\! ~61:~-~ ~- 7¡¡\li) . F-\C';I\IILl ~h I !278-47~5 DELRAY BEACH Wnter's Direct Line: 561/243-7091 F L () R I [) ... D.8.I:III All-America City , III J! DATE: 1993 TO: 2001 MEMORANDUM March 8, 2005 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance No. 19-05 Amending the General Employees Pension Plan Providinq for a Revision in the Definition of Credited Service Ordinance No. 19-05 provides that for the purpose of vesting and determining eligibility for a normal retirement, only the time spent as a police officer or firefighter after membership in the General Employees Pension Plan shall be considered, but not for determining the amount of benefits under the plan. Please place this ordinance on the March 15, 2005 City Commission agenda for City ommi sion consideration. Attachment cc: Chevelle Nubin, City Clerk Department Heads James W. Linn, Esq. \ ~Q... ~ 3/8/05 ORDINANCE NO. 19-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 35.089, "DEFINITIONS", TO REVISE THE DEFINITION OF "CREDITED SERVICE" TO INCLUDE CERTAIN EMPLOYMENT WITH THE CITY AS A POLICE OFFICER OR FIREFIGHTER FOR VESTING AND CERTAIN BENEFIT ELIGIBILITY PURPOSES ONLY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending section 35.089, "Definitions", to read as follows: Sec. 35.089. DEFINITIONS. Credited service. The period of continuous City employment from the employee's most recent date of hire to the date of tennination of City employment up to a maximum of thirty (30) years, except as otherwise provided in Section 35.093 or Section 35.094 of this subchapter, and the Unifonned Services Employment and Reemployment Rights Act of 1994, as amended from time to time. Credited service shall include all periods of paid leave, and unpaid leave up to and including thirty (30) days in any calendar year. Unpaid leave in excess of thirty (30) days in any calendar year shall be excluded from credited service, except as otherwise required by the Unifonned Services Employment and Reemployment Rights Act of 1994, as amended from time to time. Credited service shall also include. for purposes of vesting and detennining eligibility for nonnal retirement only. the years and completed months of a member's full-time employment with the City as a police officer or firefighter subsequent to membership in this plan. Such service shall not be considered in detennining the amount of a member's benefits under this plan. 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 operate to invalidate the remainder hereof. Section 3. 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 , 2005. MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD. 19-05