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04-05-05 Agenda Reg City of Delray Beach Regular Commission Meeting ~ ==:J RULES FOR PUBLIC PARTICIPATION Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretIOn to adjust the amount of time allocated. Tuesday. AprilS. 200S 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 conceming any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Dekay Beach, Florida 33444 Phone: (S61) 243-7000 Fax: (S61) 243-3774 The City will funush auxiliary aids and services to afford an inchvidual with a disability an opportun1ty to participate m and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127,24 hours pnor to the event m order for the City to accommodate your request. Adaptive hstenmg devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: . March 15, 2005 - Regular Meeting 6. PROCLAMATIONS: A. Days of Remembrance - Holocaust B. The League of Women Voters 85th Anniversary C. Water Conservation Month - April 2005 D. Parkinson's Disease Awareness Month - April 2005 7. PRESENTATIONS: A. Government Finance Officers Association - Certificate of Achievement for Excellence in Financial Reporting B. Delray Camera Club Awards - "South Florida Visions 2005" 8. CONSENT AGENDA: City Manager Recommends Approval. A. RESOLUTION NO. 19-05/ABANDONMENT OF EASEMENT: Approve Resolution No. 19-05 for the abandonment of an exclusive 5' wide limited access easement along the east property line of Lot 2, Delray Ocean Estates North, located on the west side of Ocean Boulevard, approximately 1,240 feet south of George Bush Boulevard. B. RESOLUTION NO. 20-05: Approve Resolution No. 20-05 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 112 N.W. 8th Avenue. C. RESOLUTION NO. 21-05: Approve Resolution No. 21-05 assessing costs for action necessary to remove junked and/or abandoned vehicles from ten (10) properties throughout the City. D. RESOLUTION NO. 22-05: Approve Resolution No. 22-05 assessing costs for abatement action required to remove nuisances on four (4) properties throughout the City. 04-05-2005 - 2 - E. ACCEPTANCE OF RIGHT-OF-WAY DEED/FITZY'S RESTAURANT: Approve and accept a right-of-way deed associated with Fitzy's Restaurant, located at 101 S.E. 41h Avenue. F. ACCEPTANCE OF RIGHT-OF-WAY DEED/30 S.E. 1ST AVENUE: Approve and accept a right-of-way deed associated with 30 S.E. ls1 Avenue and adjacent alleys. G. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/CORAL TRACE OFFICE PARK: Authorize the City to act as the utility permit applicant for a water service connection within the state right-of-way, located on the northwest comer of Adantic Avenue and Coral Trace Boulevard; and approve a hold harmless agreement With the developer (Coral Trace Office Park, LLC). H. CHATEAU WOODS HOMEOWNERS' ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and the Chateau Woods Homeowners' Association allowing the Delray Beach Police Department to enforce local and state traffic laws on its property. I. RESOLUTION NO. 18-05: Approve Resolution No. 18-05 opposing the Community Redevelopment Agency (CRA) legislation regarding HB 1521 and SB 2060. J. SPECIAL EVENT REOUEST I ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for May 12,2005 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Adantic Avenue from Swinton to N.E. 7th Avenue, the south side parking lane of Adantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Adantic Avenue to N.E. 1'1 Street, N.E. 2nd Avenue from Adantic Avenue to N.E. 1 SI Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up. K. SPECIAL EVENT REQUEST 18TH ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request for the 8th Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 28 and May 29, 2005, granting a temporary use permit per LDR Section 2.4.6(H) for use of City right-of-way on Adantic Avenue from the west side of Bronson Avenue to the east side of Seabreeze; and to authorize staff support for security/traffic control, waiver to allow event signage to be installed one week prior to event with event sponsor paying all overtime costs; contingent upon receipt of certificate of liability insurance. L. SPECIAL EVENT REOUEST IHOT AIR BALLOON GLOW: Approve a special event request for the Hot Air Balloon Glow to be held on May 28, 2005, granting a temporary use permit per LDR Section 2.4.6(H) for the closure of North Ocean Boulevard (A-l-A) on May 28, 2005 from Adantic Avenue to the City parking lot north of the Marriott from 4:00 a.m. to 10:00 p.m., allow beach parking lots to stay open until 11 :00 p.m. on May 281\ use of the City parking lot at the Marriott for balloonists, and staff support for security and traffic control, barricading, and signage preparation/ set up, and trash removal for this event. 04-05-2005 - 3 - M. SPECIAL EVENT REOUEST / A VDA 5K WALK: Approve a special event request to allow the 8th Annual Aid to Victims of Domestic Abuse, Inc. (A VDA) SK Walk/Run to be held on Saturday, October 15, 2005 from 7:30 a.m. until approximately noon, including temporary use permit per LDR Section 2.4.6(H) for the use of Anchor Park and City right-of-way along Ocean Boulevard from Casurina to George Bush Boulevard, waiver of parking meter fees, and staff support for traffic control, barricading, signage, trash pick up/removal, and set up/use of the small stage; contingent on the sponsor providing liability insurance and a hold harmless agreement. N. CONSULTING AGREEMENT/JEG ASSOCIATES. INC.: Approve a Consulting Agreement with JEG Associates, Inc. in the amount of $70,000.00 for services associated with the implementation of the Southwest Area Neighborhood Plan. The Community Redevelopment Agency (CRA) will fund $40,000.00 with the remaining balance of $30,000.00 to be funded from year two of the MacArthur Grant. O. SERVICE AUTHORIZATION NO. 03/SPATIAL FOCUS. INC.: Approve Service Authorization No. 03 to Spatial Focus, Inc. in the amount of $15,150.00 for the installation of the Map Server, development of quality control procedure, and assistance with migrating data to new Map Server. Funding is available from 448-5411-538-31.90 (Storm Water Utility Fund/Other Professional Services). P. CHANGE ORDER NO. 2/FINAL PAYMENT/ALMAZAN BROTHERS. INC: Approve Change Order No.2 in the amount of $17,342.97 and final payment in the amount of $37,043.89 to Almazan Brothers, Inc. for the Alley at Ocean City Lumber Block 84 Water Main and Drainage and Dixie Highway/S.E. 10th Street Drainage Improvement Project. Funding is available from 448-5461-538-65.77 (Storm Water Utility Fund/Old Dixie Highway and 442-5178-536-63.51 (Water/Sewer Renewal & Replacement Fund/Sewer Mains). Q. CHANGE ORDER NO. 1/FINAL PAYMENT/CONOUEST ENGINEERING. INC: Approve Change Order No.1 in the amount of a $1,250.93 decrease, and final payment in the amount of $8,059.60 to Conquest Engineering, Inc. for the S.E. 7th Avenue Drainage Project. Funding is available from 448-5461-538-65.53 (Storm Water Utility Fund/S.E. 7th Avenue). R. SERVICE AUTHORIZATION NO. P-2: Approve Service Authorization No. P-2 to CH2M Hill, Inc. in the amount of $58,300.00 for architectural and engineering services for the Pompey Park Facility Expansion Project. Funding is available from 380-4150-572-62.61 (2004 G.O. Bond/Parks & Recreation/Pompey Park Expansion). S. SERVICE AUTHORIZATION NO. 1.I/CORNELL PARK/ROBERT WALTERS ARCHITECTS, INC.: Approve Service Authorization No. 1.1 to Robert Walters Architects, Inc. in the amount of $19,800.00 for consulting services for the development of Cornell Park. Funding is available from 380-4150-572-63.27 (2004 G.O. Bond/Cornell Park). 04-05-2005 - 4 - T. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve an Interlocal Agreement with Palm Beach County for the engineering and construction costs for the Florida Inland Navigational District (F.I.N.D.) Park and the Delray Harbor Club Turn Lane Project. U. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $19,845.00 to Tommy Preston (721 N.W. 4th Street) and $21,919.00 to South Florida Construction (618 S.W. 6th Avenue). Funding is available from 118-1963-554-49.19 (Community Development Block Grant (CDBG) Program/Housing Rehabilitation) and 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP) Program/Housing Rehabilitation). V. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $23,250.00 to allow the applicant to secure new financing. W. CHANGE ORDER NO.1 (CONTRACT CLOSEOUT)/VILA & SON LANDSCAPING CORPORATION/FEDERAL HIGHWAY MEDIAN BEAUTIFICATION): Approve Change Order No.1 (Contract Closeout) in the amount of $774.50 and final payment ill the amount of $5,057.52 to Vila & Son Landscaping Corporation for the Federal Highway Median Beautification Project. Funding is available from 119-4151-572-63.20 (Beautification Trust Fund/ Landscaping/Beautification) . X. GRANT APPLICATION TO UNITED STATES FIRE ADMINISTRATION: Authonze staff to submit a Fire Act Grant application to the United States Fire Administration for funding in the amount of $83,199.00 with a 20% local match of $20,799.00 from the City to replace the current dispatch tone alert system equipment for the Fire Department (FY 2006 Budget). y. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 14,2005 through April 1, 2005. Z. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Noritsu America Corporation in the amount of $40,216.00 for the purchase, installation, and maintenance of a Noritsu Dry Digital Printer, Remote Digital Input Terminal, and accessories for the Police Department. Funding is available from 115-2112-521-64.11 (Special Projects Fund/Computer Equipment). 2. Purchase award to Sensus Metering Systems in the amount of $64,999.00 for the purchase of 500 MXU transceivers and 5,000 gel caps for Phase II of the installation of 500 radio-read water meters in the area east of the Intracoastal. Funding is available from 441-5161-536-52.31 (Water/Sewer Fund/Water Meter Replacement) . 04-05-2005 - 5 - 9. REGULAR AGENDA: A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/INTERSTATE SIGNCRAFTERS: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding an exception to the Master Sign Program for Subway, located at 660 Linton Boulevard. (Quasi-Judicial Hearing) B. REOUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HELPING: Consider approval of a request from Community Neighborhood Helping, Inc. to provide $8,000.00 in seed money, which will be reimbursed to the City through a Palm Beach County grant, for the Glory Awards 2005 to be held on May 29, 2005. Funding is available from 001-6111-519-99.03 (Manager's Contingency Fund). C. LICENSE AGREEMENT/6TH ANNUAL MIDCOAST CONVENTION OF NARCOTICS ANONYMOUS. UNINCORPORATED (MCCNA 2005)/TENNIS FACILITIES: Consider approval of a license agreement between the City and Midcoast Convention of Narcotics Anonymous, Unincorporated for the use of the Tennis Facilities for the 6th Annual MCCNA 2005 Event. D. REOUEST FOR FUNDING/CARVER MIDDLE SCHOOL BAND: Consider approval of a request from the Carver Middle School Band for a donation to help support the band's trip to perform at Universal Studios in May, 2005. E. PARKING SPACES/THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER, INC.lEARTH DAY: Consider a request from The Friends of Sando way House Nature Center, Inc. to reserve parking spaces in the Sandoway Parking Lot to accommodate their 3rd Annual Earth Day Event. F. OLD SCHOOL SOUARE PARKING GARAGE: Presentation and discussion of revisions to the Old School Square Parking Garage Project to address event sponsor concerns. G. HCR MANOR CARE FOUNDATION GRANT/COMMUNITY HEALTH IMPROVEMENT PROGRAM (CHIP): Consider approval of the application for a non-matching grant to the HCR Manor Care Foundation in the amount of $140,875.00 to provide funding for one (1) year for a Community Health Improvement Program (CHIP) in the Fire-Rescue Department. H. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2005-01: Formally initiate Comprehensive Plan Amendment 2005-01 pursuant to Section 9.2.1 of the Land Development Regulations. 1. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) regular member to the Board of Adjustment for an unexpired term ending August 31, 2006. Based upon the rotation system, the appointment will be made by Commissioner Archer (Seat #2). 04-05-2005 - 6 - J. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular member to the Civil Service Board for a two (2) year term ending April 1, 2007. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). K. APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) regular member to the Public Employees Relations Commission (pERC) for an unexpired term ending March 13, 2008. Based upon the rotation system, the appointment will be made by Commissioner Archer (Seat #2). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 22-05 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR) 4.3.3(V)(2) "Uses Involving Alcoholic Beverages", by establishing subsection 4.3.3(V)(2)(c) to provide a method of determining eligibility for a Stand Alone Bar. If passed, a second public hearing will be scheduled for April 19 , 2005. B. 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. C. 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. D. 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". 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 23-05: Privately initiated amendment to Land Development Regulations (LDR) Section 4.4.11, "Neighborhood Commercial (NC)", increasing the floor area limitation for banks and financial institutions. If passed, a public hearing will be scheduled for April 19, 2005. 04-05-2005 - 7 - B. ORDINANCE NO. 15-05: Annexation via the provisions of the executed Water Service Agreements for 31 parcels of land within Country Club Acres, located on the east side of Military Trail, south of West Adantic Avenue. If passed, a public hearing will be scheduled for April 19, 2005. C. ORDINANCE NO. 14-05: Voluntary annexation of fifteen (15) parcels of land within Country Club Acres, located on the east side of Military Trail, south of West Adantic Avenue. If passed, a public hearing will be scheduled for April 19, 2005. D. ORDINANCE NO. 20-05: City initiated amendment to Land Development Regulations (LDR) Section 4.4.6, "Medium Density Residential (RM) District", modifying the development standards in conjunction with the implementation of the Southwest Area Neighborhood Redevelopment Plan. If passed, a public hearing will be scheduled for April 19, 2005. E. ORDINANCE NO. 13-05: City initiated corrective Future Land Use Map Amendment (FLUM) from CF (Community Facilities) and LD (Low Density Residential 0-5 dwelling units per acre) in part, to LD (Low Density Residenttal 0-5 dwelling units per acre) and rezoning from CF (Community Facilities) to R-l-AA (Single Family Residential) for properties generally located on the west side of S.E. 7th Avenue, approximately 145 feet south of S.E. 2nd Street. If passed, a public hearing will be scheduled for April 19, 2005. F. ORDINANCE NO. 24-05: City Initiated amendment to Land Development Regulations (LDR) Section 4.5.1 (C)(S), "Designation Procedures", concerning the freeze period on the issuance of permits during the Historic District designation process. If passed, a public hearing will be scheduled for April 19, 2005. G. ORDINANCE NO. 21-05: An ordinance amending Chapter 99, "Noise Control", of the City Code of Ordinances to provide an updated noise control ordinance referencing current zoning districts. If passed, a public hearing will be scheduled for April 19, 2005. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: APRIL 1, 2005 04-05-2005 - 8 - ~'i 0A" (.ì , 0...-..: ~ '<: v ~4, ~~~ CITY COMMISSION CITY OF DELRAY BEACH. FLORIDA REGULAR MEETING - TUESDAY. APRIL 5. 2005 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 8. CONSENT AGENDA AA. DELRAY BEACH LIBRARY CHANGE ORDER NO. 42/BSA CORPORATION: Approve the Delray Beach Library Change Order No. 42 between the Delray Beach Library and BSA Corporation in the amount of $315,018.00 for modifications associated with the Library Project. Funding is available from 334-3552-571-62.10 (General Construction FundlBuildings). 9. REGULAR AGENDA: L. EXTENSION OF CONSULTING AGREEMENT/SAMUEL E. MATHIS. JR.: Consider approval of an extension to the monthly consulting agreement for Diversity Community Affairs with Samuel E. Mathis, Jr., Diversity Business Strategist and Advisor. Funding is available from 001-1111-511-34.90 (General Fund/Other Contractual Services). ******************************************************************************** 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 15. 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 15,2005. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Terrill Pyburn, Assistant City Attorney Chevelle D. Nubin, City Clerk Mayor Perlman stated he would like to observe a moment of silence for Helen Coopersmith and Ena McFee who passed away last week. 2. The opening prayer was delivered by Reverend Elder M. Rollins with St. John's Primitive Baptist Church. 3. gIven. The Pledge of Allegiance to the flag of the United States of America was 4. AGENDA APPROVAL. Mayor Perlman noted the addition of Item 8.N. Resolution No. 16-05 and Resolution No. 17-05 and Item 8.0., Kev to the City to the Consent Agenda by addendum. He also noted Item 12.B., Ordinance No. 18-05 had been revised. Mr. Levinson requested that Item 8.J., Aereements/Bellsouth/Mel!:alink Circuits be removed from the Agenda. Mayor Perlman stated Item 9.C., Resolution No. 13-05 has been removed from the Agenda. Mr. Levinson moved to approve the Agenda as amended, 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. 03/15/05 5. APPROVAL OF MINUTES: Mr. Costin moved to approve the Minutes of the Regular Meeting of March 1, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to approve the Minutes of the Special Meeting of March 10, 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. 6. PROCLAMATIONS: 6.A. Games Commendine multiple medal winners - Delrav Beach 2005 Senior Mayor Perlman read and presented a proclamation to the following winners of the Delray Beach 2005 Senior Games: » Herbert Furash - 10 medals in swimming (7 gold and 3 silver); » Loring Holmes - 1 0 gold medals in swimming; » Ed Rangel - 6 medals (1 silver and 1 bronze in basketball skills; 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 - 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, 1 silver, and 1 bronze); » Abe Ulanoff - 4 medals in track and field (3 gold and 1 silver); )- George Van Spronsen - 4 medals in swimming (2 gold and 2 silver) 6.B. Recoenizine the 86th Year Anniversary of the American Leeion - March 18. 2005 Mayor Perlman read and presented a proclamation hereby proclaiming the week of March 15 through March 21, 2005 as American Legion Birthday Week in the City of Delray Beach. Scott Schley, Commander with American Legion Post 65, came forward to accept the proclamation and announced there will be a State Dinner held on Saturday, March 19,2005. -2- 03/15/05 6.C. Fair Housine: Month - April 2005 Mayor Perlman read a proclamation hereby proclaiming April 2005 as Fair Housing Month in the City of Delray Beach. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. "Spotlie:ht on Education" - Carole Crilley. Principal of Orchard View Elementary School Carole Crilley, Principal of Orchard View Elementary School, stated in the last five years they have gone from a "D" school to a "B" school with the goal set this year for an "A". There are currently 668 students and with room for 400 more. The programs include a dual language program to include French and they are looking for accreditation with the French Consulate. She gave a brief overview of the school programs for Orchard View Elementary School and announced that there is a Health Fair scheduled for March 31, 2005. 7.B. Architects Cornell Park Presentation - Abbas Zackria. Robert Walters Joe Weldon, Director of Parks and Recreation, stated staff has been working with the Lake Ida Homeowners' Association for the last several months on a site plan for Cornell Park. Abbas Zackria, Robert Walters Architects (RW A), briefly reviewed the site plan for Cornell Park. Charlotte Lees, 11 0 Wood Lane, Delray Beach, stated she really appreciates working with everyone and thanked staff for making changes especially with regard to the parking so that it will not be backing out onto 9th Street and screened from the neighbors. She strongly supports the site plan. JoAnn Peart, 107 N.W. 9th Street, Delray Beach, thanked Mr. Weldon and Mr. Zackria and feels they came up with a good compromise. She expressed concern over the covered picnic tables proposed for Phase II. Mr. Levinson entered into the record two emails supporting the park (a copy is attached hereto and made an official part of the minutes). He stated he would like to make sure that the walking path and the places where improvements are made do not create a situation where we ultimately kill the existing Slash Pine trees. He suggested that staff consult with a landscape architect who has skills to insure that these trees are maintained as much as possible. - 3 - 03/15/05 Mr. Costin echoed comments expressed by Mr. Levinson. Mr. Costin asked if the six foot jogging trail is the standard width. Mr. Zackria stated the jogging trail should be six feet versus the eight feet which is shown on the site plan. Brief discussion followed between staff and the Commission. '.Co Proposed Miracle Leaeue Baseball Diamond at Miller Park - Joe Weldon. Director of Parks and Recreation Joe Weldon, Director of Parks and Recreation, gave a brief video presentation regarding the proposed Miracle League baseball diamond at Miller Park for physically and mentally challenged children. He urged the Commission to authorize staff to fonn a committee to raise funds and donated services. Staff anticipates the cost of the field will be approximately $500,000-$750,000. Staff is also requesting approximately $10,000 in seed money for a site plan and for providing cost estimates. Mrs. Archer stated the Little League has already agreed to run this and the Parks and Recreation Department will maintain it. In addition, she stated David Schmidt has agreed to process all the necessary paperwork for the City. Mrs. Archer stated she feels this is a good opportunity for the Little League, Bucky Dent's Baseball School, the City of Delray Beach, the Parks and Recreation Department, private people, and the Rotary Club to come together and unite the community to try and produce this field. Ms. McCarthy asked if the money is available in this year's Park and Recreation budget. The City Manager stated this would more than likely be taken from the Bond Issue money; however, staff can look at other sources if necessary. Mr. Weldon stated staff is working to get this money donated; however, if not, then the seed money will be needed. Mr. Costin stated he supports this wholeheartedly and feels it IS a wonderful idea. Ms. McCarthy asked if there is any type of recreational vehicles through the City of Delray Beach that services the parks that would accommodate children with handicaps. The City Manager stated the City does not have any recreational vehicles at this time; however, the City does have programs that are funded for special needs children. Mr. Weldon stated the City of Delray Beach has a contract with Association for Retarded Citizens (ARC) of Palm Beach County every year and offers an inclusion program in the After School Program and children that are physically and mentally challenged are mainstreamed into the program. In addition, Mr. Weldon stated the City provides surf chairs on the beach which allow the disabled to access the beach. Ms. McCarthy suggested that staff contact ARC to see if they have this type of vehicle available. Mr. Weldon stated staff will look into this. -4- 03/15/05 Brief discussion followed between the Commission and staff. It was the consensus of the Commission to authorize staff to form a committee to raise funds and provide $10,000 in seed money to cover costs that the City is unable to get donated. At this point, Abbas Zackria with Robert Walters Architects (RW A) came forward and volunteered their services. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROV AL/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. 8.B. FINAL SUBDIVISION PLAT APPROV AL/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 Atlantic Avenue, approximately 140' east of Whatley Road. 8.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. The caption of Resolution No. 11-05 is as follows: 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 EFFECTNE 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. - 5 - 03/15/05 (The official copy of Resolution No. 11-05 is on file in the City Clerk's office.) S.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. The caption of Resolution No. 12-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y 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 DELRA Y 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 RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 12-05 is on file in the City Clerk's office. ) S.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. S.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 FundlWeed and Seed Grants/Other Professional Services). S.G. CITY OF DELRA Y 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 - 6- 03/15/05 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). 8.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. The caption of Resolution No. 15-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REQUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 200412005. (The official copy of Resolution No. 15-05 is on file in the City Clerk's office.) 8.H.I. ADDrove contract award to Zoll Medical CorDoration in the amount of $17.366.00 for the Durchase of the Auto Pulse Resuscitation System. 8.H.2. ADDrove contract award to Southeastern Emer2:encv EQuiDment in the amount of $8.649.23 for the Durchase of an Advanced Life SUDDort Me2:a Code Kellv Manikin. 8.1. 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. 8.J. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.1(. CLEAN AND SAFE BUDGET: Approve the Clean and Safe Budget as presented at the March 10, 2005 Workshop Meeting. 8.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. 8.M. AWARD OF BIDS AND CONTRACTS: 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) Cityvehic1es. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). - 7 - 03/15/05 8.N. RESOLUTION NO. 16-05 AND RESOLUTION NO. 17-05 (ADDENDUM): 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. The caption of Resolution No. 16-05 is as follows: A RESOLUTION OF THE CITY OF DELRA Y 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 EFFECTNE DATE. (The official copy of Resolution No. 16-05 is on file in the City Clerk's office. ) The caption of Resolution No. 17-05 is as follows: 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 EFFECTNE DATE. (The official copy of Resolution No. 17-05 is on file in the City Clerk's office. ) 8.0. KEY TO THE CITY (ADDENDUM): Approve presenting Mary Robinson, former President of Ireland, with a Key to the City. Mr. Levinson moved to approve the Consent Agenda, as amended, seconded by Ms. McCarthy. 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. - 8 - 03/15/05 9. 9.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 Butler, Director, Community Improvement; Janet Meeks, Education Coordinator; and Jayne King, President, Chatelaine Homeowners' Association. REGULAR AGENDA: Lula Butler, Director of Community Improvement, stated this is the third action plan in a series of plans for the Chatelaine subdivision and noted the Chatelaine Task Team was initiated in December 2001. In this particular neighborhood, the residents spent 13 months discussing their concerns and could not come to a consensus of what their priorities were. 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: (1) New neighborhood identification signage, (2) Entryway beautification, (3) Traffic calming elements, and (4) Improved street lighting. Janet Meeks, Education Coordinator, gave a briefPowerPoint presentation regarding the Chatelaine Strategic Task Team Neighborhood Action Plan. Mrs. Archer asked if the City received a grant approximately 3-4 years ago to improve the front entrance area to the Chatelaine neighborhood. She stated there are many dead plants there now and expressed concern over who is going to pay for the irrigation and how the City can insure that this area is irrigated and maintained in the common areas. Mrs. Butler stated the City provides the maintenance for the first two years to give it time to develop and stabilize itself while the association is able to work and get more people paying dues so they can sustain it and understand their responsibility to maintain it. Jayne King, 3400 Place Valencay, Delray Beach, speaking on behalf of Chatelaine, stated one of the residents has talked on the local Haitian radio station about the concept of a homeowners association and what it means to maintain the outside of your home. She stated they have re-established a "Block Captain" program where different residents from each street are able to talk to people on their street, collect dues, and address questions. In addition, Ms. King stated they paid for four plantings at the front entrance from their own budget and stated residents are being charged $60.00 a year for the water bill; however, for many people they are finding it very difficult to pay. She stated years ago the City gave them a grant for a "House of the Month" sign and noted many residents take pride in fixing up their properties so that they can have the sign posted in their yard. Ms. King stated Chatelaine puts out a newsletter in the event someone cannot attend a meeting and provides a neighborhood information packet for newcomers. - 9 - 03/15/05 Prior to the vote, Ms. McCarthy stated she is surprised to see that there are not a higher percentage of people cooperating with regard to the $60.00 a year so that the community can be the best that it can be for itself. She stated she may have to make some telephone calls and challenge some of the residents to help out in this process so that long term there is not a short term fix. Mayor Perlman stated this is a good plan and he is looking forward to seeing it implemented. Mrs. Archer moved to approve the Chatelaine Strategic Task Team Neighborhood Action Plan, 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. At this point, the time being 7:25 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. to. to.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. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public hearing has been scheduled to be held at this time. PUBLIC HEARINGS: 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), "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.) - 10- 03/15/05 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 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. 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. 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. The proposed two (2) year approval period is consistent with other municipalities in Palm Beach County. 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. Alice Finst, 707 Place Tavant, Delray Beach, urged the Commission to look carefully at this ordinance and asked that a close review be done before the extension is made to ensure that the project is in keeping and contemporary with other projects being approved in Delray Beach. There being no one from the public who wished to address the Commission regarding Ordinance No. 11-05, the public hearing was closed. Ms. McCarthy asked what type of review we have in place already and asked if an applicant would have to go through another review board again before getting final approval. Mr. Dorling stated the approval process now is for eighteen (18) months and after eighteen months (18) there would be a request for an extension and the planning staff would review all of the changes to the LDR's within those 18 months and determine whether it would be appropriate to apply them to this project or approve it and allow an extension under the old regulations. Mrs. Archer moved to adopt Ordinance No. 11-05 on Second Reading/Second Public Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. to.B. RESOLUTION NO. 8-05/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/t700 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. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. - 11 - 03/15/05 The caption of Resolution No. 8-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y 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 DELRA Y BEACH, FLORIDA. (The official copy of Resolution No. 8-05 is on file in the City Clerk's office. ) The City Attorney stated this is a contract to sell property located at 1700 Lake Ida Road to the CRC Recovery Foundation, Inc. and stated the City has received a $10,000.00 deposit. She stated the appraised value is $1,000,000.00 and they have agreed to pay this amount as outlined in the memorandum and noted this does not include interest. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 8-05, the public hearing was closed. Prior to the vote, Mrs. Archer stated she was involved when CRC purchased land to make a permanent home for the Crossroads Club several years ago and is pleased to still be on the Commission doing this again. Mr. Levinson stated as the contract stands he is uncomfortable that there is no interest because he feels there could potentially be an issue with setting a precedent. He proposed to amend the agreement to include an interest rate based upon the cost of funds and encouraged utilizing a similar program that is being used by the Spady Museum. Mr. Levinson stated the Crossroads Club would make an application through the grant process and the City would grant them back an amount of money that could be similar to or in excess of the interest fee. Ms. McCarthy expressed concern over the additional deposit due thirty (30) days after the effective date even if today becomes the effective date and stated this is too close to the closing date. The City Attorney stated the contract can be amended to make the second deposit of $90,000.00 due ten (10) days after approval of the contract. Mr. Costin moved to approve the Contract for Sale and Purchase of Property located at 1700 Lake Ida Road with the additional deposit of $90,000.00 due ten (10) days from the date of execution of the contract; and approve Resolution No. 8-05, - 12 - 03/15/05 seconded by Mrs. Archer. 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, Commissioner Levinson dissenting. to.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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 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 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. - 13- 03/15/05 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. The proposed amendment would create a set of seven (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. It also corrects a reference in the plan where it talks about the Planning and Zoning Board making the finding whereas the site plan usually goes before the Site Plan Review and Appearance Board. At its meeting of January 25,2005, the Planning and Zoning Board voted 5-0 (Kincaide absent) to recommend approval of the proposed text amendment; at its meeting of January 27, 2005, the Community Redevelopment Agency (CRA) Board 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-OS, the public hearing was closed. Mr. Costin moved to adopt Ordinance No.6-OS on Second and FINAL Reading, 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 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 Manal!:er's response to prior public comments and inquiries. The City Manager had no comments or inquiries on non-agenda items. 11.B. From the Public. I1.B.1. Nixon Mears. 902 N.W. 1st Street. Delrav Beach. stated he has questions regarding Item 9.B. and Mayor Perlman informed him that Item 9.B. is on the Regular Agenda and will be the next item discussed. 11.B.2. Willie Potts. Jr.. 634 Anl!:ler Drive. Delrav Beach. stated at the last City Commission meeting there were some public comments expressed by some residents and asked why there is no response to those concerns in particular the suggestion of a Citizen Advisory Board for the Police Department. - 14- 03/15/05 Mayor Perlman stated the direction of the City Commission was given to the staff to research Citizen Boards to see which ones can be applicable and the idea is to get something in place that is effective. He stated staff is currently looking at different models from across the country to see which one will be effective and at that point staff will come back to the Commission with recommendations and the Commission will vote for or against those. 9.B. RESOLUTION NO. 14-05: Consider approval of Resolution No. 14-05 authorizing the Community Redevelopment Agency (CRA) to acquire for simple title by gift purchase or eminent domain for property needed for the Carver Square Neighborhood Plan. The caption of Resolution No. 14-05 is as follows: 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 EFFECTNE DATE, AND FOR OTHER PURPOSES. (The official copy of Resolution No. 14-05 is on file in the City Clerk's office. ) Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor McCarthy and left the dais. The City Attorney stated the Community Redevelopment Agency (CRA) passed a resolution regarding these properties in the Carver Square neighborhood and are required by Statute to get City Commission approval if they are contemplating to exercise eminent domain. Diane Colonna, Executive Director of the CRA, stated the CRA does not anticipate having to use eminent domain; however, this is being requested in the event eminent domain would need to be used. She stated they would like to move forward quickly because people are anxious to move out. Ms. Colonna stated Mrs. Butler and the CRA staff has been meeting this week with the individual homeowners and she believes there will not be any issues with the homeowners in tenns of finding other locations for them, providing subsidies, paying an adequate sum for their properties that will enable them to get into other housing where it will not be a real hardship for them. Ms. Colonna stated there could be potential issues with the vacant land because there are several lots that are owned by people who had intentions of developing those lots. She stated in the Southwest neighborhood it is very common to have problems with the chain of title so even if someone wants to sell and the title cannot be cleared the sale cannot go through. - 15 - 03/15/05 Therefore, Ms. Colonna stated eminent domain would help to clear this up very rapidly and staff could move forward without having those obstacles. Ms. Colonna stated if property is acquired through the possibility of eminent domain, there will be a tax benefit for all the property owners. Brief discussion between Vice Mayor McCarthy and Diane Colonna followed (Exhibit "A" is attached hereto and made an official part of the minutes). Mr. Levinson moved to approve Resolution No. 14-05, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Vice Mayor McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.D. CONTRACT EXTENSION AND AUTHORIZATIONIBILL 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). At this point, Mayor Perlman returned to the dais. The City Attorney stated the contract between the City and Bill Plum requires the City Commission to approve, in writing, authorization of amounts exceeding $10,000.00. Prior to the vote, Mr. Levinson stated Mr. Plum has been invaluable and suggested in the future staff create a methodology for expediting the negotiations and discussions with a single sole source. The City Attorney stated she appreciates the assistance of Mr. Bill Plum and asked for direction from the Commission whether or not to remove the $10,000.00 cap completely or establish a new cap. She stated the expenditures total $15,883.00 including the invoice for February. After brief discussion, the Commission concurred to direct the City Attorney to bring this item back if the expenditures reach an additional $15,000.00. Mr. Costin moved to approve the contract extension and authorization for repayment to Bill Plum in the amount of $15,883.00, 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. 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. - 16 - 03/15/05 The City Attorney stated this is a letter for the Mayor's signature in an effort to help expedite this along. Mayor Perlman stated he will be on vacation next week and suggested that one or more of the Commissioners place a call to Mr. Sam Ferreri to see if he can help the City of Delray Beach. Mr. Levinson moved to approve the Letter regarding Alzheimer's Property, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.F. SETTLEMENT AGREEMENT/BOWMAN: Consider approval of a settlement agreement between the City and William E. Bowman, Jr. in the amount of $3,519.26. Staff recommends acceptance. The City Attorney stated this item is regarding nuisance abatement demolition liens on property that in one case was not properly noticed. If the City accepts the settlement in the amount of $3,519.26, the liens would then be released on both properties. Ms. McCarthy moved to approve the settlement agreement between the City of Delray Beach and William E. Bowman, Jr. in the amount of$3,519.26, seconded by Mr. Levinson. 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. 9.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). Richard Hasko, Director of Environmental Services, stated this is a request for a bid award to Morgan Roofing, Inc. for the Old School Square Re-roofing Project. Mr. Hasko stated there was a mandatory pre-bid conference for this project and approximately six contactors were present. However, the City only received one bid and this bidder cannot meet one of the standard requirements in the contract. Mr. Hasko requested that this requirement be waived. Mr. Levinson asked if this can be changed to a Florida Bonding company because he feels this is more customary. The City Attorney stated the City has customarily used a local firm; however, staff can look into this. - 17 - 03/15/05 Mr. Levinson moved to approve the contract award and the waiver to Morgan Roofing, Inc., seconded by Ms. McCarthy. Upon roll 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.H. FIFfH AMENDMENTIBLOCK 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. Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor McCarthy and left the dais. The City Attorney stated this amendment to the contract has been approved by the Community Redevelopment Agency (CRA) and staff is requesting Commission approval as a third party beneficiary to the agreement. The agreement provides for an extension payment to the CRA in the amount of $764,200.00 in addition to the $180,000.00 originally agreed to. The closing is to take place September 29,2005 unless extended which would make it March 15,2006. Mr. Costin moved to approve the Fifth Amendment to 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, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Vice Mayor McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.1. 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). Mr. Levinson moved to appoint Robert Conway as a regular member to the Boca Raton Aviation Advisory Committee for an unexpired term ending May 31, 2006, 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. 9.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 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). - 18 - 03/15/05 Ms. McCarthy moved to appoint Todd L'Herrou as a regular member to the Nuisance Abatement Board for a two (2) year tenn ending March 31, 2007, 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. Mayor Perlman stated he wished to appoint Nicholas Loeb as a regular member to the Nuisance Abatement Board for a two (2) year tenn ending March 31, 2007. Mr. Costin so moved, 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. Mr. Costin moved to reappoint Kenneth Kaltman as a regular member to the Nuisance Abatement Board for a two (2) year tenn ending March 31, 2007, 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. Mrs. Archer moved to reappoint Eileen Marks as an alternate member to the Nuisance Abatement Board for a two (2) year tenn ending March 31, 2007, 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 a two (2) year tenn ending March 31, 2007, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.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. The caption of Ordinance No. 12-05 is as follows: 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 - 19 - 03/15/05 UPDATED ORDINANCE REGARDING EMERGENCY MANAGEMENT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. Ms. McCarthy stepped down from the dais. Mr. Levinson moved to approve Ordinance No. 12-05 on FIRST Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. At this point, Ms. McCarthy returned to the dais. 12.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 hearing will be scheduled for AprilS, 2005. The caption of Ordinance No. 18-05 is as follows: 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. (The official copy of Ordinance No. 18-05 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Levinson moved to approve Ordinance No. 18-05 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin- - 20- 03/15/05 Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a S to 0 vote. 12.C. ORDINANCE NO. 19-05: An ordinance amending Chapter 3S, "Employee Policies and Benefits", subheading "Retirement Plan", Section 3S.089, "Definitions", of the City Code of Ordinances to provide for a revision in the definition of "Credited Service". Ifpassed, a public hearing will be scheduled for AprilS, 200S. The caption of Ordinance No. 19-0S is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 3S, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 3S.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 ELIGffiILITY PURPOSES ONLY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-0S is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated this ordinance is intended to address situations where someone may work as a lifeguard for several years and then moves to the Fire Department and essentially would end up losing their time as a lifeguard with regard to any pension benefits. Therefore, this ordinance would allow an employee to get the full credit for their previous service and they would receive a pension benefit from the General Employees' Pension Plan as well as the Police and Firefighters' Pension Plan. Mr. Costin moved to approve Ordinance No. 19-0S on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a S to 0 vote. - 21 - 03/1S/0S 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manae:er The City Manager stated when staff met with the representatives from the National Association for the Advancement of Colored People (NAACP) last week they provided the City of Delray Beach with a list of infonnation they want. The City Manager stated he and the Police Chief have been working on assembling this infonnation and it will be available for the NAACP on Thursday. 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 had no comments or inquiries on non-agenda items. 13.C.2. Mr. Costin Mr. Costin stated he attended the library event and it was very successful. 13.C.3. Ms. McCarthv Ms. McCarthy stated she received some infonnation from Rabbi Carter regarding Chaplain Busby who ministered at the church located at 898 S.W. 10th Street (east of Wallace Drive). He was very instrumental during the times when the youth were at odds with one another (i.e. Haitian-Americans and African-Americans). Ms. McCarthy stated Chaplain Busby, his church, and his wife worked together with Advent Lutheran Church to create a summer program where young people who were recommended by their guidance counselors and their teachers were put together in a work program so that they would have the money to purchase school supplies and clothing for the next school year. She stated students were not prepared to face the school day and consequently did not feel good about themselves which created more animosity to a situation and also gave the youths the opportunity to travel to places they nonnally would not see and have experiences which they nonnally did not get to do together. Ms. McCarthy announced that his funeral will be held on Saturday, March 19, 2005 at 10:00 a.m. at Spanish River Church on west Yamato Road with a viewing on Friday at 5:00 p.m. at the Calvary Bible Alliance Church in Delray Beach. She stated she will forward this infonnation to Delores Rangel, Administrative Assistant. - 22- 03/15/05 13.e.4. Mr. Levinson Mr. Levinson stated this is the last official City Commission meeting for Mr. Costin and it has been a pleasure working with him. He stated the Office Depot announcement of their new CEO was yesterday and suggested the Mayor send him a letter. He commented about the letter from Boca Raton Educational TV thanking the City of Delray Beach and asked what the status is on this. The City Manager stated Ivan Ladizinsky is working on this. Mr. Levinson commented about the general consensus of the Commission last year to change the fonnat of the Goal Setting sessions. He stated it would be nice to get some creativity and a variety of other things because he feels there is a pretty good set of plans underway that need to be implemented. 13.e.5. Mavor Perlman Mayor Perlman stated he attended the National Honor Society Induction at Atlantic High School last week. He stated Carol Colletta who was the keynote speaker last year at the Florida Redevelopment Association (FRA) conference is coming into town. She does cultural plans and will be talking to various stakeholders in cultural areas in an effort under the Delray Beach Cultural Alliance Umbrella. In addition, Mayor Perlman stated Carol is the host of a show on National Public Radio on Sundays called "Smart City Radio" and she features cities that are doing innovative things. She has expressed an interest in featuring Delray Beach at some point in the future. He announced that Mary Robinson the fonner President of Ireland will be in town on Thursday, March 17, 2005 and will be presented with the Key to the City at 2:00 p.m. at Old School Square. He stated she is a miraculous person who works worldwide on various humanitarian issues. Mayor Perlman stated last night he attended the 40th Anniversary of the Delray Art League. He stated the Delray Art League is looking for office space or an area to paint. He stated he and Commissioner McCarthy attended the Trail Blazer Awards at Pompey Park and it was very well attended and well done. Mayor Perlman stated this was a benefit for Frances Carter who does spectacular work. Mayor Perlman stated he will be on vacation next week and will be accessible via telephone. - 23- 03/15/05 There being no further business, Mayor Perlman declared the meeting adjourned at 8:21 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on March 15, 2005, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 24- 03/15/05 Page I of I Jon Levinson Cc: Mike and Karen Cruz 3/1512005 1 :52 PM Mayor@MyDelrayBeach.com; AlbertaMcCarthy@MyDelrayBeach.com; JonLevinson@MyDelrayBeach.com; P Archer@MyDelrayBeach.com; citymanager@mydelraybeach.com Larry Buttell; Mike and Karen Cruz; Chester Kwasniewski; Dave and Betsy Mackarey; Rick Miyares; JoAnn Peart; Todd Wilson Cornell Park From: Sent: To: Subject: Dear Mr Mayor and CIty Commissioners, At tonight's commiSSiOn meeting you will be presented the Cornell Park plans. I will be unable to attend tomght's meetmg, but wanted to pass along some infonnahon The Lake Ida Property Owner's AssociatiOn fonned a "Parks Committee" and worked with Joe Weldon in the development of these plans Much consideratiOn was taken mto the preservatiOn of the eXistmg slash pines, while at the same tlIDe making the area more usable and attrachve We believe these plans accomphsh this and would encourage you to approve these plans. Thank you for your hme Smcerely, Mùœ Cruz President Lake Ida Property Owners Assoc ~1.ß· 3/15/2005 · March 14,2005 Dear City Commissioners, Being brought before you Tuesday evening is a proposal for Cornell Park in the Lake Ida area. In lieu of an appearance, I'd like to share my thoughts with you via this letter. I thank you in advance for your time and attention. Last November, Joe Weldon and his associates brought before the Lake Ida area residents proposals for three neighborhood parks Two plans were viewed quite favorably by the residents with some suggestions and comments being well-received by Mr. Weldon. These were the 11th Street park at Lake Ida and the Scout hut park on Lake Ida road. The presentation of the Cornell Park plan brought much discussion. Residents were nearly unanimous in their desire to leave the space as natural as possible It became evident that the residents wanted to save the slash pine trees and the wildlife habitat and that as little development as possible was requested. The plan you will have for your review Tuesday night is what Mr. Weldon calls a "compromise" with the neighborhood. Truly, it is not even close to what the residents voiced an overwhelmingly majority opinion on in November, nor has it been shown to all interested Lake Ida area residents It has not even been offered for approval to those of us who have homes along the perimeter of the park. Mr Weldon has convinced some residents that it is the best that we can hope for and we must accept it without question. I cannot agree with that and, though it may be in vain, must state my objection to the plan and to the way it was researched and presented I must also bring up the fact that the budget for the park is $150,000 and this plan, per Mr. Weldon, will cost in excess of $300,000. This park plan includes an invasive sprinkler system, an eight foot wide paved walking path, and future plans for a gazebo and playground equipment. Neighbors were unanimous is their view that, since playground equipment and eating facilities are very nearby, that none were wanted here While the gazebo and playground equipment are not on the immediate plan, they are on the future expansion plan and several ofthe neighbors would request that they be removed. After speaking with three master gardeners at two County Extension offices and two people in the community with extensive knowledge about native plants, I have come to be concerned about the lack of care' dnd educated thought given to the slash pine trees in the space According to a county published statistic, less than 2% of slash pine trees remain in Palm Beach County Many of us have homes built from this pine in the 60's when an ab'.'ndance of pine trees were cut down for city and highway development. The last 40 years have nearly annihilated this native tree from our landscape These trees are beautiful, require no fertilizer, watering or special care and are home to many interesting birds in our area Slash pine trees need nothing, but to be left alone. Herein lies the concern When slash pines get additional water or fertilizer, they die. Their roots travel great distances and in directions that cannot be predicted. When their roots are disturbed by heavy equipment digging irrigation systems or building paved pathways, they develop pine bores and die They don't die today or next month or even next year, but they will most likely die over a three to five year time period When questioned about these facts, Mr. Weldon responded that he did not care what happened five years from now because he would be retired from the Parks Department and it wouldn't be his problem I seriously doubt you, as an elected official, would be so uninterested in concerns from you constituency Mr. Weldon told me the plan will be presented to the Commission and it is the plan that would be approved. That certainly may be true, but I feel it is necessary to share the concerned opinion that the Parks Department, in this one instance, has failed to perform the necessary due diligence in researching the facts for this project Mr Weldon has not been able to answer specific questions about slash pines and other native vegetation and did not appear to be concerned about finding answers His department has not consulted with the people who have the specialized knowledge to be able to make informed, educated recommendations This may not be characteristic ofMr Weldon's work behavior or attitude, but in this one instance, he and his associates have consistently failed to do their homework. He has failed to listen to the community and has convinced some in the community that this :.; the only plan that the city commission will approve. I am willing to bet that each of you is more interested in doing what is right than quickly approving something to get it off your plate I am also willing to bet that you will take the appropriate steps to delay approval of this plan until experts can be consulted and questions answered My recommendation would be to limit the irrigation to the one large field on the east side of the park and to change the ~\.~ , -,'. . 8' wide paved path to a 4' sidewalk like the one at the Seacrest Scrub on Seacrest Ave in Boynton Beach. Also, I would respectfully request that the gazebo and playground equipment be removed from any current and future plans.. Adding more native vegetation could enhance the space around the slash pines without risking potentially dead trees. Finally, a minimal 3 - 5 parking lot spaces on the lesser traveled 4th Avenue side of the park should be more that adequate to house visitors driving to the park. I do want to stress that I am not an expert in native vegetation, and neither is Mr. Weldon. I am merely suggesting, and respectfully requesting, that experts be consulted on this project, along with the neighborhood committee, and we answer these questions before creating a situation we will regret. Master gardeners may be consulted at the County Extension office at 276-1260 and at Mounts Botanical Garden at 561-233-1749. The Native Plant Society meets the 3rd Tuesday of each month and may be reached at 561-585-1278. The University of Florida also has experts in this area for consultation and houses the Florida Institute for Resources and Environment. While Mr. Weldon may not be living or working in Delray Beach five years from now, my husband and I, as 3rd generation owners ofVinœ Canning Shoes certainly will be, as will many of my current neighbors I thank you again for the opportunity to address each of you and for your kind attention. Any response or questions may be directed to me at my home at 265-4745, or my work at 276-6570 or to my cell phone at 706-4296. Sincerely, LaRonda Denkler Resident at 320 NW 9th Street, Delray Beach EXHIBIT" A" 9.B. RESOLUTION NO. 14-05: Consider approval of Resolution No. 14-05 authorizing the Community Redevelopment Agency (CRA) to acquire fee simple title by gift purchase or eminent domain for property needed for the Carver Square Neighborhood Plan. Mayor Perlman: I'm going to declare a conflict and pass the gavel to the Vice Mayor. Vice Mayor McCarthy: Resolution No. 14-05. City Attorney: Yes, this is a resolution that...well, the CRA passed a resolution regarding these properties in the Carver Square neighborhood and they are required by Statute to get City Commission approval if they are going to exercise or contemplating to exercise eminent domain and that's what this resolution is about. And, Diane Colonna I see is here to answer any questions you might have. Vice Mayor McCarthy: Okay, thank you. Diane Colonna: Hi, Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA). Just want to emphasize this is being requested in the event that we have to use eminent domain. We don't anticipate that we will have to but we are going forward and we want to move forward quickly because we've been dealing with this situation for a year and a half now with all the studies and everything else. People are anxious to move out and we are. . ..Mrs. Butler has been meeting with and our staff have been meeting this week with all the individual homeowners and I believe that we won't have any issues with the homeowners in terms of finding other locations for them, providing subsidies, paying an adequate sum for their properties that will enable them to get into other housing where it won't be a real hardship for them. So far that's going very well. Where we think we might have issues are with the vacant land. There are several lots that are owned by people who had intentions of developing those lots. We really don't want to get into a situation where we're developing part of the property and someone else is developing another part. So, we want to be able to...in the event, again, that we have to use eminent domain.. . and it's very rare that we've ever had to use it but we just wanted to have this in place in case we had to go that route. Another reason is where it may come in handy is if there are title issues. In the Southwest neighborhood this is pretty common to have problems with chain of title so even when someone wants to sell sometimes if the title can't be cleared they can't.. ..the sale can't go through. So, this is again, a situation where eminent domain can help clear that up very rapidly and we can go forward without having those obstacles. We really do want to move on it. As I said, people are very anxious to see some action. And, this I believe will be a benefit; also, it's a tax benefit. If you acquire property through eminent domain or through the possibility of eminent domain, it'll be a tax benefit for all the property owners. So, that's our reason. - 1 - 03/15/05 Vice Mayor McCarthy: Is this open to the public? Mr. Levinson: No. City Attorney: It is now; it's not a public hearing item but you.... Vice Mayor McCarthy: Okay. Mr. Levinson: I move approval of 14-05. Mr. Costin: Second. Vice Mayor McCarthy: Okay. I have a couple of comments. Do you have any comments on this? Mrs. Archer: No, go ahead. Vice Mayor McCarthy: Umm, I have had the opportunity to speak to our City Attorney on 14-05 as well for this resolution and because it's not an ordinance and it's a resolution then it does not go through a process where notice is actually served up to the individual owners of the property. But, it was publicized that it was going to be on this Agenda this evening. And, there are some concerns with the vacant lot parcels that are part of this package of acquisition. I've been told and I have verified that the CRA and representatives of the CRA have actually.. ..in the City.. ..excuse me.... CRA and representatives from the City have actually started meeting with the homeowners in this area explaining the offers that are being presented to them and that this process is already in place as well. Umm, so because ofthat.....because this is publicized and is something that was held at your last meeting if I remember correctly as well. Diane Colonna: Yes, we did have this on our.. ..not on our last meeting but on the Agenda where we had the Carver Square item and we had all the residents in attendance, this was on that Agenda as well as another item. Vice Mayor McCarthy: So, this is actually the second time that this is being discussed out in the open. Diane Colonna: Yes. Because our Board had to first adopt a resolution to request the City Commission's permission and then it comes here for your action and then it goes back to our Board actually one more time for us to authorize it officially. Vice Mayor McCarthy: Okay and Diane is it correct that the CRA and the City will continue their efforts to negotiate the offers that they have already put in place based on appraised values that were already done months ago? Diane Colonna: Yes. - 2 - 03/15/05 Vice Mayor McCarthy: Yes, okay. Diane Colonna: It's a combination of acquisition costs and subsidies for down payment assistance; relocation expenses. So, it's really a combination package. We're really restricted in what we can pay for the property but we can make up for that in other means; by other means. Subsidies - we're investigating the possibility of.. .you know... if we have to get into a situation where we have to do mortgages, that's a possibility; if we have credit issues; umm, if we need to do deferred payment loans. We'll come up with a combination of grants and subsidies and the acquisition costs and we will make sure that everybody is taken care of. Vice Mayor McCarthy: Okay, one other thing. Because I want to make certain it's in the record. Coming up to this point there was also discussion about possibly approaching the existing lenders who have these mortgages and seeing if we could get payoffs that were less value than what is showing up on people's coupon or in coupon books. Has that been done? Diane Colonna: Yes, we have four FHA insured homes that again we don't have high hopes for this because it's just difficult to do but we do have.. .Michael Weiner has agreed to do some work "pro bono" to see if he can get those mortgages reduced. So, at least he'll be able to do some letters and get the ball rolling and see if there's some possibilities there. So, he's offered his services free of charge. Vice Mayor McCarthy: Okay. Thank you very much for that information. Chevelle, you want to call the roll? City Clerk: Ms. McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. - 3 - 03/15/05 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS lAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE Perlman. Jeffrey Delray Beach City Commission MAILING ADDRESS THE BOARD. COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 971 Delrav Lakes Drive WHICH I SERVE IS A UNIT OF. CITY COUNTY IV'¥" CITY o COUNTY o OTHER LOCAl. AGENCY T1øl...::IV Beach Palm Beach NAME OF POLITICAL SUBDMSION: City of Delray Beach OATE ON WHICH VOTE OCCURRED MY POSITION IS: March 15. 2005 DC ELECTIVE o APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county. city. or other local level of government on an appointed or elected board. council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form before completing the reverse side and filing the fonn. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a -relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law. mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner. joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * . . . . . . . . . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. . . * . . . . * . . * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who wiU Incorporate the form in the minutes. (Continued on other side) ce FORM 88 - EFF. 1/2000 --.r~ <=1 . ~ 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 vote occurs with the person responsible for recording the minutes of the meeting. who must incorporate the fonn in the minutes. A copy of the fonn must be provided immediately to the other members of the agency, and the tonn must be read publicly at the next meeting after the fonn is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrev Perlman , hereby disclose that on Ma r c h 15, ,20~: (a) A measure came or will come before my agency which (check one) -l( 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: .by . which My wife Diane Colonna, is the Executive Director of the Community Redevelopment Agency (CRA). 3/15/05 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 112000 PAGE 2 . FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS lAST NAME-FIRST NAME-MIDDLE NAME Perlman, Jeffre MAILING ADDRESS CITY COUNTY NAME OF BOARD. COUNCil. COMMISSION. AUTHORITY. OR COMMmEE Delray Beach City Commission , THE BOARD. COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF ~ITY a COUNTY a OTHER lOCAL AGENCY NAME OF POLITICAL SUBDIVISION. Lakes Drive DATE ON WHI a APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission. authority. or committee. It appfies 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 greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the Instructions on this form before completing the reverse side and filing the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, muniCipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment 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 pnvate gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basIs are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife. brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above. you must disclose the conflict: I PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision. whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 112000 PAGE 1 ~'i.-t\: APPOINTED OFFICERS (continued) · A copy of the form must be providèd immediately to the other members of the agency. · The form must be read publidy at the next meeting after the form is filed. IF YOU MAKE NO AJTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting. who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency. and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. Jeffrey Perlman . hereby disdose that on March 15, .20~: (a) A measure came or will come before my agency which (check one) -X- 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: , by . which My wife Diane Colonna, is the Executive Director of the Community Redevelopment Agency (CRA). 3/15/05 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $10.000. CE FORM 88 - EFF. 112000 PAGE 2 WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews were the primary victims - six million were murdered; Gypsies, the handicapped, and Poles were also targeted for destruction or decimation for racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political dissidents, also suffered grievous oppression and death under Nazi tyranny; and WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments; and WHEREAS, we the people of the City of Delray Beach, Florida, should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny; and WHEREAS, we the people of the City of Delray Beach, Florida, should actively rededicate ourselves to the principles of individual freedom in a just society; and WHEREAS, the Days of Remembrance have been set aside for the people of the City of Delray Beach, Florida, to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, May 1 through Sunday, May 8,2005, including the international Day of Remembrance known as Yom Hashoah, May 6, 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 Sunday, May 1 through Sunday, May 8, 2005 as DAYS OF REMEMBRANCE in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Delray Beach, Florida, should strive to overcome intolerance and indifference through learning and remembrance. 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 5th day of April, 2005. JEFF PERLMAN MAYOR OJ( t7i1 ~I\ UNITED STATES HOLOCAUST MEMORIAL MUSEUM 10 y l. ,\ R S EDUCATION REMEMBRANCE CONSCIENCE 'l'~~" tJt·5L" C· l' . --- ----, 0/<- Vt1 , . : " '. r, ~'7 f" .' ~ ~ 1 ~ ~ , FEB I 6 2005 ! ; i ; ji - j Dear Mayor: ~- ""\"" , . . i This spring marks the 60th anniversary of the end of World War II in Europe and with it, the liberation of the Nazi concentration camps. In recognition of this important commemoration, the United States Holocaust Memorial Museum, in accordance with its Congressional mandate, will lead the nation in the annual Days of Remembrance of the Victims of the Holocaust. This year's observance will take place from Sunday, May 1 through Sunday, May 8, 2005. The Day of Remembrance, Yom HaShoah, is May 6. The Museum has designated "From Liberation to the Pursuit of Justice" as the theme for the 2005 Days of Remembrance in memory of the liberation of Nazi concentration camps and the subsequent prosecution under intemationallaw of major Nazi war criminals at Nuremberg, Gennany. Reflection on the liberation of thousands of Jews and other prisoners from Nazi camps and the prosecution of Nazi perpetrators reminds us that we must take action to prevent atrocities and vigorously pursue justice for the victims of such acts of hatred and inhumanity. Recognizing the importance that we, as a nation and individually, must strive to overcome prejudice and inhumanity through education, vigilance and tolerance, personal leadership in this national commitment to remember is essential. Thus, we respectfully encourage you commemorate the Days of Remembrance with appropriate ceremonies and programs and to issue, as was done in the past, a special Days of Remembrance Proclamation for distribution to the citizens of your city. A sample is enclosed for your consideration and convenience. A background piece on the theme is enclosed and we encourage you to access the Museum's web site at www.ushmm.org for further infonnation on Days of Remembrance. The United States Holocaust Memorial Museum is America's national institution for the documentation, study and interpretation of Holocaust history, and serves as this country's memorial to the millions of people murdered during the Holocaust. The Museum's primary mission is to advance and disseminate knowledge about this unprecedented tragedy; to preserve the memory of those who suffered; and to encourage its visitors to reflect upon the moral and spiritual questions raised by the events of the Holocaust as well as their own responsibilities as citizens of a democracy. We thank you for your partnership with us in this important mission, and welcome your leadership in ensuring the meaningful commemoration of this year's Days of Remembrance in your community. Sincerely, Fred S. Zeidman Chainnan Benjamin Meed Chainnan, Days of Remembrance Enclosures loA 100 RAOUL WALLENBERG PLACE, SW, WASHINGTON, DC 20024-2126 TEL 202 488 0400 FAX 202 488 2690 www.ushmm.org The language suggested below is based on messages and proclamations sent to the United States Holocaust Memorial Museum's Days of Remembrance Program by public officials. Actual wording is the prerogative of the official who issues the document. SAMPLE CIVIC PROCLAMATION FORTHEDAYSOFREMEMrnRANCE Sunday, May 1 through Sunday, May 8, 2005 "FROM LffiERATION TO THE PURSUIT OF JUSTICE" · Whereas, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Gennany and its collaborators between 1933 and 1945. Jews were the primary victims - six million were murdered; Gypsies, the handicapped, and Poles were also targeted for destruction or decimation for racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political dissidents, also suffered grievous oppression and death under Nazi tyranny. · Whereas, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments; and · Whereas, we the people of the City of should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny, and · Whereas, we the people of the City of should actively rededicate ourselves to the principles of individual freedom in a just society; and · Whereas, the Days of Remembrance have been set aside for the people of the City of to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and · Whereas, pursuant to an Act of Congress (public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, May 1 through Sunday, May 8, 2005, including the international Day of Remembrance known as Yom Hashoah, May 6; Now, therefore, I , Mayor of , do hereby proclaim the week of Sunday, May 1 through Sunday, May 8, 2005, as Days of Remembrance in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of should strive to overcome intolerance and indifference through learning and remembrance. WHEREAS, The League of Women Voters, a nonpartisan political organization, encourages the informed and active participation of citizens in government, works to increase understanding of major public policy issues, and influences public policy through education and advocacy; and WHEREAS, The League, since its founding, has been an important advocate for political reform and citizen engagement; and WHEREAS, The League continues to work toward making our democracy one that benefits and protects the rights of all citizens; and WHEREAS, The League is a unique organization reaching into communities around the nation through its energetic and committed members; and WHEREAS, The League of Women Voters of the United States was founded on February 14, 1920, and is celebrating it's 85th Anniversary; and WHEREAS, the South Palm Beach County League of Women Voters is celebrating its 45th Anniversary. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby congratulate THE LEAGUE OF WOMEN VOTERS and the members of The League of Women Voters of the United States and South Palm Beach County on their 85th and 45th Anniversaries. 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 5th of April, 2005. JEFF PERLMAN MAYOR of< t11 19ß PROCLAMATION FOR THE LEAGUE OF WOMEN VOTERS WHEREAS, The League of Women Voters, a nonpartisan political organization, encourages the infonned and active participation of citizens in government, works to increase understanding of major public policy issues, and influences public policy through education and advocacy; and WHEREAS, The League, since its founding, has been an important advocate for political refonn and citizen engagement; and WHEREAS, The League continues to work toward making our democracy one that benefits and protects the rights of all citizens; and WHEREAS, The League is a unique organization reaching into communities around the nation through its energetic and committed members, and WHEREAS, The League of Women Voters of the United States was founded on February 14,1920 and is 85 years old now, and NOW THEREFORE, The City of Delray Beach, Florida, congratulates the members of The League of Women Voters of the United States and South Palm Beach County on their 85th and 45th Anniversaries. IN WITNESS THEREOF, April 5, 2005 ~ß Rangel. Delores Page I of I 9f( tfïi/\ From: Jon Levinson Uonlev@bellsouth.net] Sent: Monday, March 21, 2005 9.49 AM To: 'Litchfield, Susan' Cc: Rangel, Delores Subject: Your letter Thanks for your letter requesting a proclamation from the City on the League of Women Voters anniversary. I will fax it on to the City and ask they communicate directly with you on this. Thanks and Happy Anniversary! Best, Jon JonLev@Bellsouth.net 561-243-2690 office 561-243-9242 fax 561-212-2799 cell www.BuslnessCounseling.com www.JonLevinson.com 3/21/2005 03/~1/2005 09:51 5612439242 REL COMPANIES PAGE 01 March 1 S, 2005 931 Gardenia Dr., #369 Delray Beac~ FL 33483 Mr. Jon Le~ City Commissioner City of Delray Beach 100 N.W. 1st Avenue Delray Beach. Florida 33444 Dear Mr. Levinson~ The League of Women Voters celebrated its 8Stb Anniversary of Voter Education and Voter service (1920 - 2005). The Palm Beach County and Browatd League of Women Voters recognized this occasion at our 85th Birthday Celebration Party at the Boca Raton Marriott Hotel, Mareh J 2, 2005. The keynote speaker was Chief Justice Barbara J. Pariente. I believe it would be an outstanding idea to reward The League of Women Voters with a "Proclamation" from The City ofDelray Beach, recognizing this special event. Thank you for your consideration. Sincerely, Susan Litcbñeld, Member Th~eague of Women Voters, Palm Beach County (b'rRl) ø?1.f3 ·q833 Co: Ms. Sally Robinson, President L WV Palm Beach CO\IIlty tI< ~~ WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, the City of Delray Beach, Water Management Districts, and the State of Florida are working together to increase awareness about the importance of water conservation; and WHEREAS, the City of Delray Beach and the State of Florida have designated April, typically a dry month when water demands are most acute, Florida's Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and WHEREAS, every business, industry, school, and citizen can make a difference when it comes to conserving water; and WHEREAS, every business, industry, school, and citizen can help by saving water and thus promote a healthy economy and community. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of April, 2005 as WATER CONSERVATION MONTH in Delray Beach, Florida, and call upon each citizen and business to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. 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 5th of April, 2005. JEFF PERLMAN MAYOR 19C- WHEREAS, Parkinson's disease is a progressive disorder of the central nervous system, affecting more than one million people in the United States; and WHEREAS, The American Parkinson Disease Association, Inc. founded in 1961, has sought to ease the burden and find the cure for this disease through research; patient and family services; education and sponsorship of 63 Chapters; 57 Information and Referral Centers; and 800 Support Groups throughout the United States; and WHEREAS, the City of Delray Beach, the nation, and the world observe April as Parkinson's Disease Awareness Month and April 11, 2005 as World Parkinson's Disease Awareness Day; and WHEREAS, The City of Delray Beach recognizes the efforts of the American Parkinson Disease Association (APDA) South Florida Chapter to raise funds and promote awareness to fight Parkinson's Disease thereby improving the quality of life for those living with the disease. 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 PARKINSON'S DISEASE AWARENESS MONTH in Delray Beach, Florida and commend those who work with the American Parkinson Disease Association, Inc. and recognize their value to the residents of the City of Delray Beach. 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 5th day of April, 2005. JEFF PERLMAN MAYOR ~ Co\) 03/25/2005 12:43 FAX 954 786 7349 NUERO INST/NBMC III 001 P" IS 0 ~ " I r: ,'1 ¡~ ; ~ . -" t, Tel 800.82f).~{:)2 Fa.x 9fi4.786.734;j.I /'1\ [f¡iÎ 201 E, S~mpJc RODeI ano Ð\1,:¡('h, FL 3306-1 . t~AR 2 5 {f"'l~ Pom M{llOO from thfl,: 1bn{Zrieen }J8rkinson <;)i~ tI$IOOiation-1Wf)(i To: DeIores- Ci'ty of Delray Beach fax: 561-243-7199 From: Gigi Gilcrease, RN, MBA Date: 3/25/2005 Pages: 3 Re: Declaration - April Parkinson's Disease Awareness Month Delores. Mayor Perlman asked me to contact you to provide a copy of the declaration that he will provide to the Commission Meeting in April. I would appreciate if you would also mail me a copy of the declaration to the above address. A Iso, APDA is hosting a Parkinson's Walk and Pienic to raise funds for research on Saturday, April 2, 2005 at Lake Ida Park-Heron Pavilion. If you would like to provide information to residents, I have also attached the flyer for the event. If you have any questions you may contact me at 1-800-82!5-2732. h fo ""': ClSSistCInœ Gigi Gilcrease, RN, MBA Coordinator South !'IuridA Chaptar ~ ~Îj 03/25/2005 12:43 FAX 954 786 7349 NUERO INST/NBMC III 002 Office Of (fÏIHn eleët~cfõØiCi8ï;s "title) 1fiI in ~Itv) of; PROCLAMATION: APRIL 2005 IS PARKINSON'S DISEASE AWARENESS MONTH Whereas: Parkinson's disease is a progressive disorder of the central nervous system, affecting more than one million people in the United States: and Whereas: The American Parkinson Disease Association, Inc., founded in 1961, has sought to Ease the Burden and Find the Cure for this disease through research, patient and family services, education and sponsorship of 63 Chapters, 57 Information and Referral Centers, and 800 support groups throughout the United States; and Whereas: The world, the nation, and ltfn"¡" vÐïii-CitvlcoïiñtV",¡ãßteJ observe APRIL as Parkinson's Disease Awareness Month and World Parkinson's Disease Awareness Day, Apri111,2005,and Whereas: (Fill -in- V,*,"-U CouñiVICHŸ! recognizes the efforts of the American Parkinson Disease Association (APDA) South Florida Chapter to raise funds and promote awareness to fight Parkinson's Disease, thereby improving the quality of life for those living with the disease, Therefore: I, (fiB hina,;,eOfëlectwJ"offi.diìJ. in recognition and in honor of those who work with the American Parkinson Disease Association, Inc. and their value to the residents of rfÍl'-iir vOw citVlCOlllltYl, do hereby proclaim April 2005 Parkinson's Disease Awareness Month in {fi ÍII VOflT CitVlcOuiitvj. ____~3/2~/2005 12:43 FAX 954 786 7349 NUERO INST/NBMC 141 003 I\pri\ it> l'ar"inson' 6 Disea&e l\",arene.&& Month He\p ~ic¥-off Apri\ b1 participating in 1h~ annoa\ 'Va11:iMOn~f, "'Fun· "'a\~ and 'PiLniG- ""DCo$tination Di6GOVo.--t. prKtnted b-t ~ '&ouih Ronda l.bapter of tbe AmeriGan 'Pa~n60n Disease A&$OGiation (A.?f)~). \'Ihen? La~ Ida "Pa11' - tteron 'Pavi\ion 1-1'-1 La~ Ida tz.d. DdnÞ( &eam.. A- ~turda1. AprR 1-.. '-005 \'Ihe"? ~hat time? I4gi&tration - ßÞt.gtM at 1:~am.. 'Program $tam. at lO:'Joam 'Hh1? To (Zait.e. Fund$ for 'Parkin$On' & ~rd1 - tldp find the. cure! £njo11 a fun walt.. &arbeque from LaId"""., Þ:r -Mø¡ca\ &nMtainment.. Ve.g9~ $tand, tlaffte priZ.e6 ga\ore. t'id$ faa painting. ir mom \l.egis.tration fø of $1-0 provides one. food tit.~. one tu Mairt. OlIO raft\e ti~t. (ZaifÞe. 1t200 or more and 'f0u &ti\\ ~t one. food tit."Ä and one tM- .hirt p\Uft an arm' 6 length of ram.. ti~ and a $"'; rHtaurant gift "",,i&ate. We hope to ~ 10U for a fun d.., in the 'Par" b'f the. Lake. If 10U Gannot attend ptease Nnd a donation, or f.ponfJor an ~'PDI\ \fIa\k GOmmïttu member (1Z.obin, Don. IZ-hoda, Lou, ~our. ¡qat". GtigÎ. Daphne or Nan) to ....a\k for 10u. for more information. u\\ I-ßOO-ß1--;-~2-. \hank 'f0u for 'four genero$i"t! TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVl~D I MANAGER PAUr~RLlNG, DIRECT OF PLANNING & ZONING NGUYEN TRAN, SENIOR PLANNER 119~~ MEETING OF APRIL 5, 2005 '( J * * * CONSENT AGENDA * * * ABANDONMENT OF AN EXCLUSIVE 5-FOOT WIDE LIMITED ACCESS EASEMENT ALONG THE EAST PROPERTY LINE OF LOT 2, PLAT OF DELRAY OCEAN ESTATES NORTH. q{\ IV/Î t BACKGROUND The request involves abandoning a 5-foot wide limited access easement along the east property line of Lot 2, dedicated exclusively to the City of Delray Beach on the plat of Delray Ocean Estates North as recorded in Plat Book 81, Page 64. The plat of Delray Ocean Estates North IS located on the west side of Ocean Boulevard (State Road A 1 A), approximately 1,240 feet south of George Bush Boulevard. Delray Ocean Estates North was platted as a 5-lot single family subdivision located between Andrews Avenue and Ocean Boulevard. Dedicated on this plat is an access easement which serves as an extension of Harbor Court. The new access easement separates Lots 1 and 2 from Lots 3, 4 and 5 and is intended to provide primary access to these lots. However, Lots 1 and 2 were considered to have double frontage since they abutted both the access easement and Ocean Boulevard. Pursuant to the Land Development Regulations Section 4.3.4(E)(4), if a limited access easement is established along one of these frontages, then the front of the lot shall be on a frontage without such access restriction. With the creation of the Delray Ocean Estates North Plat, a 5' limited access easement was placed on Lots 1 and 2 along Ocean Boulevard to restrict frontage and access to Harbor Court. Currently, a building permit has been submitted for Lot 2 and the contract purchaser has indicated a strong desire to take primary access from Ocean Boulevard and receive the associated Ocean Boulevard address. The abandonment request was submitted by Mr. Corky Diamond, the developer and current owner of Lot 2. The request before the City Commission is to abandon the 5' wide limited access easement along Lot 2 so that primary access and addressing can be taken from Ocean Boulevard. After the easement abandonment, Lot 2 will be subject to double front setbacks of 35' from each street (according to R-1-AAA district standards). The 35' front setback is to be measured from the west right-of-way line for Ocean Boulevard and from the eastern edge of the access easement line depicted as Harbor Court on the plat of Delray Ocean Estates North. Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior the City Commission granting an abandonment of a public easement: The abandonment will not result in the detriment in the provision of utility services to the adjacent properties or the general area. The City's Environmental Services Department has reviewed the request and has no comment. Since the request is for an abandonment of an exclusive, non utility related easement, Florida Power & Light, Adelphia Cable, Florida Public Utilities Co. (gas) and BellSouth have not been asked to comment. RECOMMENDED ACTION By motion, approve the abandonment of an exclusive 5-foot wide limited access easement along the east property line of Lot 2, plat of Delray Ocean Estates North, as recorded in Plat Book 81, Page 64, 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 2.4.6(P)(5) (Required Findings for the Abandonment of Public Easements) of the Land Development Regulations. Attachments: Location Map Reduced plat of Delray Ocean Estates North Reduced Survey Abandonment Resolution 19-05 S \Plannlng & Zonlng\BOARDS\CITY COMMISSION\OELRAY OCEAN ESTATES NORTH-ABAND LAE doc &Á --¡III I 1/ _ McKEE LN / - CD / = 1 I -~ ~ « - - -~ _0> - - _w Z - I -' <ë Q:: >- I GEORGE ~Þ- I Þ-~\ " "^Qt. \.. ~ Þ- ST ~NCENT~ -' I CHURCH ~ WEDGE- l>- WOOD CONDO N E 7TH 5T I I & N E 6TH 5T I ! I I~ ~ 5TH 5T - ~ - ...J - '" - :;. - .... - - - z ~ 4TH 5T ¡..-.:..:....=. ~ -' ~<ë Q:: >- ~ 1--::::; -' « I-- Q. f---- ::E:I:;" IR n S 1 I I I I ::::; -' « Q. U) <:t 0 J 0 I <:t ,I 0::: I- < - 0::: UJ M.SA TRACT I- <:t $ ! l r"RC; , ( I Y 1<;1 ~n l I -1 <:t I- r ( I I I / I WA TERWA Y NORTH CONDO INLET \ ICOVE CONDO\ ~ I >- <:t S THE LANDINGS CONDO I r M S A TRACT I I ; i DRIVE 1111// "'- I I I I I--- RIVF J - I I I I BEACH : I ¡I! 5EA I I ; I I ! 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'" RESOLUTION NO. 19-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 5- FOOT WIDE LIMITED ACCESS EASEMENT LYING WITHIN LOT 2, DELRAY OCEAN ESTATES NORTH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 81, PAGE 64 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a 5-foot wide limited access easement as shown on the plat of Delray Ocean Estates North, as more particularly described herein; said property being located on the west side of Ocean Boulevard (State Road A1A), approximately 1,240 feet south of George Bush Boulevard; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(P)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101 (5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: THE EAST FIVE (5) FEET OF LOT 2, DELRAY OCEAN ESTATES NORTH, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 81, AT PAGE 64 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 323 SQUARE FEET MORE OR LESS. PASSED AND ADOPTED in regular session on this the _ day of ,2005. MAYOR ATTEST: City Clerk DESCRIPTION: /0' UE. N89"57'/O"W 5.00' 306.30' (TOTAL) NOR7'H LII£ LO 2 LOT I R.~I T BOOK 8/. PMiE 64 TJoE EAST FIVE (5) FŒT or LOT 2. bE'LRA Y OCEAN £STA TES NORTH". ACCORDING TO 7HE PLA T -n-EREOF'; AS RECORDED IN PLA T BOOK 81. AT PAGe 64 OF THE PtÆlLIC RECORDS OF PALM BEACH COUNTY, FtORIDA, SAID LAMJS SITUATE IN THE cat OF DELRAr BEACH. PI!ILM BEACH COI.NTY. FLORIDA. SlRIE'nW~ NOTES: I. REPRODUCTIONS OF THIS SKETCH AfE NOT VALID fJtLESS S£ALED WITH AN EMlJOSSED ~VÐ'QIi'~ SEAL. 2. LA/IDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WIJ r. EASEMENTS, OWNERSHIP. OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN I-ER£ON ARE REZ.A TIVE TO OELRA r OCEAN ESTA TES NORTH - TH£ RECORD fL. r. 4. THIS IS NOT A 8OI.INl:JARY 5U?VEY. 5' A - 1f VIA T/DNS: o - DEL TA fCENrR-4L ANGLE) L .. ARC LENGTH R .. RADIUS u.E. · UTIL /TY CASEMENT L.A.é. or LIMITED ACCESS E'AS£NIE'NT I~ ~ liS i~ I I R-I079.2S' D=OI"52'33" L·35.~' 1 Lor 2 PLA T BOOK 81. PAGE 64 SOUTH LlIE LOT 2 ~05.58 (TOTAL) LOT I SS9-S7'10"E 5. 00, PLA T BOO/( 82. PAGE /I NON-RADJAL /0' u.£. 5' L.A.£.--n GRAPHIC SCAlE o 10 20 W J ( IN FEET ) INCH = 20 FEET 40 I ~ I~ ,..~ 'q~ ~~ ~: ~~~ 'I ~i~ ~~.... ~~~ ~~~~ ~~ Ii B ~~ ~ ~ ~~ ~ ~ ~:q~ S~ ~ (Ij~ t;; 30.00' :q- - lij ~ ~ § I R=/084.28' IJ=OI~œ" L-35.34' _ 30.0~ ŒRT/FlCA TE: I H£R£BY C9TIFY THAT 7Hé ATTACHED SXETCH OF OESC'RIPrtON OF THE: HEREON OESCRIBéf) PROPERTY IS TRt£ AN/) cORI€Cr TO THE BEST OF MY KNOWLEDGE AND BELIEF AS Pf(£pARED I.JNŒR MY OIREC ON NOVE~ 29. 2004. I FlJRTr£R CERTIF'I' THA r THIS SKETCH OF DESCRIPTION MEETS TfE MINIMUM rEi S 'ANOARDS SET FORTH IN C/'tAPrE'R 61617-6 ADoPTED 8'1' THE' Fl..ORIDA BOARD OF SLRV£'f'å~ At.D AlA Pf..RS, r TO FLORIDA srA rUT£S 472.027. CAULFIELD & WHEELER. INC. CIVIL ENGINËERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING 7:S01A W. PALMETTO PARK ROAD - SUITE IOeA BOCA RATON. FLORIDA 55433 PHONE 5(1)-392-1991 / FAX (5ól -750- 452 DAVID P. LINDLEY REGISTERED LAND SURVEYOR NO. 5005 STATE OF FLORIDA L.B. 3591 SKETCH OF DESCRIPTION ~AST 5 F£~T OF Lor 2 - OELRAY OŒAN ESTATES NORTH 3/25/2005 APZ N/A 1":::201 3236 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER t1JI/ AGENDA ITEM # <8ß - REGULAR MEETING OF APRIL 5. 2005 RESOLUTION NO. 20-05 TO: SUBJECT: DATE: APRIL 1, 2005 This is a resolution assessmg costs for abatement action required for the emergency board-up of an unsafe structure located at 112 NW 8th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessment remains unpaid. Recommend approval of Resolution No. 20-05. Agmemo.BOARDUP.Res No 20-05 RESOLUTION NO. 20-05 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: Section 1. That assessments in the amount of 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 (3D) 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 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. 20-05 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)1 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, Floridal 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%1 and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this 1 2005. day of MAYOR ATTEST: City Clerk 3 Res. No. 20-05 CITY OF DELRA Y BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: FRANTZ MENARDY MAILING ADDRESS: 15335 TALL OAK AVENUE DELRA Y BEACH, FL 33444 PROPERTY ADDRESS: 112 NW 8TH AVENUE LEGAL DESCRIPTION: LOTS 15 & 16, BLOCK B, WEST SIDE HEIGHTS DELRAY ACCORDING TO PB 13, P 61 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL (112 NW 8TH AVENUE) You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $817.65 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 December 28. 2004 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. 20-05 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on December 28. 2004 at a cost of $560.00 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 HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. 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. 20-05 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER t»1 AGENDA ITEM # ~C'_ - REGULAR MEETING OF APRIL 5. 2005 RESOLUTION NO. 21-05 TO: SUBJECT: DATE: This is a resolution assessmg costs for abatement action necessary to remove junked and/or abandoned vehtcles from ten (10) properties within the City. The resolution sets forth the actual costs incurred and provides the mecharusm to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 21-05. AgmemoAVResNo 21-05 RESOLUTION NO. 21-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of Ordinances; and, WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has determined that a nuisance existed in accordance with the standards set forth in Chapter 90 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 90.02 and 90.03 of the Code of Ordinances; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in Chapter 90 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) as required by Chapter 90 of the Code of Ordinances; 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 remove said junked and/or abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s); and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 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; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(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 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 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 and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessment 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. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein and 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 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. 2 Res. No. 21-05 Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be mailed to the property owner. PASSED AND ADOPTED in regular session on this , 2005. day of MAYOR ATTEST: City Clerk 3 Res. No. 21-05 COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT NICHOLAS 2ND ADD TO DELRAY BEACH ~ LOT 13, PB 21, P 70, PUBLIC RECORDS OF I ; PALM BEACH COUNTY, FL I (308 SW 7TH STREET) ! AGATHE & JEAN BANATIE 12434620080000130 ~~17 SW 1ST AVENUE CUST 10 # 7187 'DELRA Y BEACH, FL 33444 $ 45.00 !' !I I : : NICHOLAS 2ND ADD TO DELRAY BEACH, ; LOT 13, PB 21, P 70, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (308 SW 7TH STREET) AGA THE & BAN A TIE 12434620080000130 317 SW 1ST AVENUE CUST 10 # 7187 ! DELRA Y BEACH, FL 334444 $ 45.00 ; ; i , ¡ CARVER MEMORIAL PARK SUB, LOT 20, BLOCK B, PUBLIC RECORDS OF PALM BEACH COUNTY, FL I MORRIS BOSTWICK (225 & 227 NW 15TH AVENUE) 12434617360020200 !227 NW 15TH AVENUE CUST 10 #10859 I' DELRA Y BEACH, FL 33444 $ 45.00 ; ¡ CARVER MEMORIAL PARK SUB, LOT 20, I BLOCK B, PB 20, P 56, PUBLIC RECORDS OF r PALM BEACH COUNTY, FL I i: (225 & 227 NW 15TH AVENUE) 12 43 46 17 36 002 0200 MORRIS BOSTWICK CUST 10 # 10859 ;227 NW 15TH AVENUE DELRA Y BEACH, FL 33444 $ 45.00 CARVER MEMORIAL PARK SUB, L T 20, BLK B, PB 20, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (225 & 227 NW 15TH AVENUE) MORRIS BOSTWICK 12 43 46 17 36 002 0200 227 NW 15TH AVENUE CUST 10 #10859 DELRA Y BEACH, FL 33444 $ 45.00 4 Res. No. 21-05 COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCE SUB OF SECTION 8-46-43, S 150 FT OF W 1/2 ! OF TR 19 (LESS S 20 FT, E 20 FT & W 20 FT) PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (402-406 NW 10TH AVENUE) WILLIE L. & ERMA JEAN WRIGHT 1243460821 0190030 106 NW 12TH AVENUE CUST ID # 201 DELRAY BEACH, FL 33444 $ 45.00 ; , RESUB OF BLK 17, DELRAY BEACH L T 15 BLK 17, PB 21, P 90, PUBLIC RECORDS OF PALM BEACH FL ;1 MATTIE TAYLOR " (VAC LT S OF 310 NW 5TH AVE) 'clo G. CARTY 12434617 04 017 0150 1409 THROOP AVE CUST ID # 10558 IBROOKL YN, NY 11221-1381 $ 45.00 I ; ATLANTIC PINES L T 26 BLK 2, PB 13, P 77 i I PUBLIC RECORDS OF PALM BEACH COUNTY, FL : VICTORIA REAVES & (139 NW 11TH AVE) : MAGNOLIA WILLIAMS I 12 43 46 17 17 002 0260 ¡ 39 NW 11TH AVENUE CUST ID # 10858 DELRAY BEACH, FL 33444 1$ 45.00 , i ¡ I i TOWN OF DELRAY L T 13 BLK 79, PB 10, P 1, ! I PUBLIC RECORDS OF PALM BEACH COUNTY, FL i ! (243 SE 1ST AVENUE) : MARCEL DESTINVIL & ! 1243461601 0790130 HEUBREUX DESTINVILLE CUST ID # 10860 243 SE 1ST AVENUE DELRA Y BEACH, FL 33444 $ 45.00 WEST SIDE HEIGHTS DELRAY L T 21 BLK C, PB 13, P 61 PUBLIC RECORDS OF i PALM BEACH COUNTY, FL !ERNESTINE M. HOLLIDAY (40 NW 9TH AVENUE) 12434617260030210 !40 NW 9TH AVENUE i CUST ID # 10861 iDELRAY BEACH, FL 33444 45.001 I: , ! !! , ; VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR INOPERABLE MOTOR HAZARDS; DECLARED NUISANCE ; i il 5 Res. No. 21-05 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER tf!'!\ AGENDA ITEM # ~ t) - REGULAR MEETING OF APRIL 5. 2005 RESOLUTION NO. 22-05 TO: SUBJECT: DATE: APRIL 1, 2005 This is a resolution assessing costs for abatement action required to remove nuisances on four (4) 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 ResolutÍon No. 22-05. AgmemoCE.ResNo 22-05 RESOLUTION NO.22-0S 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 DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. 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 the 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, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(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. 22-05 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. 22-05 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT i TOWN OF DELRAY N 1/2 OF L T 5, BLK 30, ! I PB 1, P 3, PUBLIC RECORDS OF PALM BEACH ; COUNTY, FL (125 SW 5TH AVENUE) AMY CHARLOW 1243461601 0300051 125 SW 5TH AVENUE CUST ID # 535 DELRAY BEACH, FL 33444 $ 70.75 $ 55.00 ADM FEE ATLANTIC GARDENS DELRAY, LTS 20 & 21, BLK 10 I PB 14, P 63, PUBLIC RECORDS OF PALM ! i BEACH COUNTY,FL I I (234 SW 10TH AVENUE) J.E & CARRIE L. TIGGETT ! 12434617230100200 316 NW 7TH AVENUE i CUST ID # 6678 ! POMPANO BEACH, FL 33060 $ 81.75 $ 55.00 ADM FEE METCALFS SUB S 1/2 OF LOT 7 & LOT 8, BLK 58 (OLD SCHOOL SQUARE HISTORIC DISTRICT) I PB 10, P 47, PUBLIC RECORDS OF PALM Ii BEACH COUNTY, FL IJ.C. & MABLE E. MCQUILKEN (220 N SWINTON AVENUE) 12434617490580071 1,220 N SWINTON AVENUE CUST ID # 10879 . DELRA Y BEACH, FL 33444 $ 110.50 . :$ 55.00 ADM FEE ! TOWN OF DELRAY L T 12, BLK 114, PB 1, P 3, i PUBLIC RECORDS OF PALM BEACH COUNTY, FL (244 NE 7TH AVENUE) ELEANOR DENT 1243461601 1140120 24 PALADIN DRIVE CUST ID # 10881 WILMINGTON, DE 19802 $ 150.00 :$ 55.00 ADM FEE ; VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE I OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED I NUISANCE 4 Res. No. 22-05 fROM: CITY COMMISSION DOCUMENTATION DA~ _H~D~ANAGER PAlL CóRíJN<r.'·1)fR~R Of PLANNING AND ZONING KENNETH JOHNSON, ASSISTANT PLANNER ~ f TO: THRU: SUBJECT: MEETING Of APRIL 5, 2005 ***CONSENT AGENDA*** ACCEPTANCE Of A RIGHT-Of-WAY DEED ASSOCIATED WITH fITZV'S RESTAURANT (101 S.E. 4TH AVENUE). ACTION REQUESTED Of CITY COMMISSION The action requested of the City Commission is acceptance of a right-of-way deed associated with Fitzy's Restaurant, located at the southeast corner of S.E. 4th Avenue and S.E. 1st Street. ~ BACKGROUND On December 15, 2004, the Site Plan Review and Appearance Board approved a Class III Site Plan Modification request for Fitzy's Restaurant subject to conditions. The proposal involved conversion of the west half of an existing 4,000 sq. ft. retail building to a restaurant use. The conditions of approval included executing a Right-of-Way Deed, dedicating two feet (2') of right- of-way, along the entire east property line, for the alley at the rear of the property. Pursuant to LOR Section 5.3.1 (0)(2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LOR Section 5.3.1 (0)(3), additional right-of-way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. Such a determination is to be supported by a recommendation from the City Engineer. The currently dedicated alley width is only sixteen feet (16') with a paved width of approximately 10'. The City Engineer and the Development Services Management Group (DSMG) have determined that the width of the alley should be expanded to a width of 20', which is consistent with the widths that have been provided with recent redevelopment proposals in the downtown. The additional 2' of dedication will not be paved at this time in order to preserve, as much as possible, the appearance of the terminal landscape islands adjacent to the alley. Fitzy's Restaurant is requesting acceptance of a Right-of-Way Deed at this time. RECOMMENDED ACTION By motion, accept the Right-of-Way Deed associated with Fitzy's Restaurant. Attachments Site Plan and RIght-of-Way Deed 8E EXHIBIT A LEGAL DESCRIPTION FOR RIGHT OF WAY DEED The East two feet (2.0') of Lot 1, Block 102, MAP OF THE TOWN OF LINTON (NOW DELRA Y BEACH) according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 3. I ! I I ;! I l I ! í ! j U I I i A T L A N T I C A V E N U E I I I I I '\ I I ; ! I "\ 'T I ! >- >- 1 « I I « \ ¡ I I s i S I I I I C) C) - - I - I - I ---.J ---.J - I « « I 0::: 0::: - I w w 0 /;-¡' ú)) ¡? ( :::: 17/ w /' ,~-.. 0 - 71 ( /' ,J ,([]) w ~'->j/ ~2) .::! LL LL "- ; ¡ ji - W 0 0 - > z z « ::::J ::::J 0 - 0 m m I I I - l- I- ::::J 0::: r-- 0 0 (f) z ~ "R GHT-O· I--- _~~_T - - / '--- ~ , ----- . _.~ S.E. 1ST ST. - ~ "\ I Lot 1 FIDELITY 0 I- 0::: -<;j- t"") FEDERAL w BANK' w > I > « « - \~~~:) :{j) r:;7 )S~) I ~7 f{ 1'lV I - "' l- I- II , ; ú) " ~/ {{ ii LO if L if if f J ~f ~- - W W W W (f) (f) f-- (f) (f) f--- - N - FITZY'S RESTAURANT 2' RIGHT-OF-WAY DEDICATION CITY OF DELRAY BEACH, FL PLANNING'" ZONING DEPARTMENT - - DIGITAL BASE MAP SYSTEM -- MAP REF LMB29 CITY COMMISSION DOCUMENTATION vl\ ,oJ! TO: THRU: fROM: SUBJECT: D~ a11AR~I~ '1I~!~~n~11I. pluf DORLlNG, D~CTd'RJ~NG AND ZONING WARREN ADAMS, HISTORIC PRESERVATION PLANNER MEETING Of APRIL 5, 2004 **CONSENT AGENDA** ACCEPTANCE Of A RIGHT-Of-WAY DEED ASSOCIATED WITH 30 SE 1ST AVENUE AND ADJACENT ALLEYS. ACTION REQUESTED OF THE CITY COMMISSION The action requested of the City Commission is acceptance of a Right-of-Way deed associated with 30 SE 1 st Avenue and adjacent alleys, which are located within the Old School Square Historic District. BACKGROUND At its meeting of February 2, 2005, the Historic Preservation Board approved a demolition request, Class V site plan, landscape plan and design elements associated with the demolition of a contributing single-family dwelling and accessory studio apartment, and the construction of an eleven (11) space parking lot with associated landscaping and lighting. The conditions of approval for 30 SE 1 st Avenue included the recording of a Right-of-Way deed dedicating an additional five feet (5') of right-of-way for SE 1 st Avenue, and an additional two feet (2') of right- of-way for the alleys abutting the south and west sides of the property. Pursuant to LDR Section 5.3.1 (D)(2) and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for SE 1s1 Avenue is 60' and only 40' of right-of-way currently exists. The City Engineer and DSMG have reviewed the request for a reduction in right-of-way width and have determined that a reduction to 50' would be sufficient for this section of SE 1st Avenue. Accordingly, five feet (5') of additional right-of-way must be dedicated by the property owner in conjunction with this project. Pursuant to LDR Section 5.3.1 (D)(2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1 (D)(3), additional right-of-way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. Such a determination is to be supported by a recommendation from the City Engineer. The abutting alleys to the south and west currently have a dedicated right-of- way width of 16'. The City Engineer and DSMG have determined that the width of the alleys should be expanded to a width of 20', which IS consistent with the widths that have been provided with recent redevelopment proposals. Accordingly, two feet (2') of additional right-of- way must be dedicated by the property owner for the abutting alleys to the south and west of the property. The City Attorney has reviewed the Right-of-Way Deed for legal sufficiency and form, and has determined it to be acceptable. RECOMMENDED ACTION By motion, accept the Right-of-Way Deed associated with 30 SE 1 st Avenue and adjacent alleys. Attachments Right-of-Way Deed and Site Plan 2'f Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED THIS INDENTURE made this ::3QH.. day of December, 2004, between SWINTON VENTURE. LLC, with a mailing address of75 NE 6th Avenue. Suite 214. Delray Beach. Florida 33483. as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N. W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida., to-wit: See Exhibit" A:' attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-or-way and easement in and to said lands for public highway, street, sidewalk and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assIgns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is 1 unencumbered. Where the context of this Right-of-Way Deed allows or pennits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. SWINTON VENTURE, LLC By: Retail Concepts, Inc., its Managing Member BY~ Q.. im , President 75 NE 6 Avenue, Suite 214 Delray Beach, Florida 33483 WITNESSES: HJ A lh (Nam printed or typed) STATE OF ~a..) COUNTY OF /~~ The foregoing instrument was acknowledged before me this ..sot-/,¡ day of December, 2004, by Jim Zengage, President of Retail Concepts, Inc., a Florida_Corporation, Managing Member of Swinton Venture, LLC, a Florida limited liability company, on behalf of the corporation. HeÆI:le.itpersonally known to me or has produced (type of identification) as identification. e of Person Taking acknowledgment Name Typed, Printed or Stamped ~~"'" VIRGINIA HASlETT W'of"'j ~ MY COMMISSION II DD 319411 ;.o~ ¡~š EXPIRES: May 23. 2008 . ,,1oIIdId ThN NaIIIY "Ide uJ1delWtllalS , . ' Row-30 se 1 ave-strauss 2 '" ~ NORTH GRAPHIC SCALE 20 0 10 20 ~--~ ( IN FEET ) 40 I 5 89·58'23- E 2.00' 200' ën N CÖ ~ LOT 20 BLOCK 69 S89°58'23"E 12400' ~{\).;. ((,,0 " ro'?J _,-<.,O"¡"'b,';)ì c..... 0'- £.. <3,,0 0(( ç~G -<.,o'¢' ~ -:), -<.,0"- -<., <ò00 0(( t.;!"~ .",~ç LOT 12 BLOCK 69 3= . . ~ ù') LO ën ën ~ ~ å å o 0 16.00;Z (/) ALLEY SOUTH LINE LOT 19. BLOCK 69 N89·58'23-W N89'58'23-W ( LOT 16 BLOCK 69 LOT 17 BLOCK 69 o o N r<) 'b o N r<) 50.00' 50.00' N 89'58'23" W NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL 2 LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY,EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3 BEARINGS SHOWN HEREON ARE RELATIVE TO THE RECORD PLA T BASED ON THE SOUTH LINE OF LOT 19, BLOCK 69, BEARING S89·58'23"E. 4 THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5 UNDERGROUND FOUNDATIONS WERE NOT LOCATED. DESCRIPTION: THE WEST 2.00 FEET AND THE SOUTH 200 FEET AND THE EAST 5.00 FEET OF LOT 19 OF SUBDIVISION OF BLOCK 69, DELRA Y, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 45 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING 600 SQUARE FEET, 0.014 ACRES, MORE OR LESS SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. 131.00' 589'58'23-E 5000' LOT 19 BLOCK 69 ën N cö ~ UJ . ~ LO ën '0 ~ o å N 0 (J) 124.00' 131.00' LOT 18 BLOCK 69 'b 'b o 0 N N r<) '" 50.00' S.E.1st SlREET RAYMOND STREET (PLAT) 50' RIGHT-OF-WAY EAST LINE LOT 19, BLOCK 69 5.00' ën N Ó LO UJ . ~ LO ën ~ å o (J) wç' ;:) S )- Z~~ L&Jt-I~ ~t::~~ .....I!" I Q. ...(/1~~ .0 go ~o::O::t") L&.iSò cri~~ u CERTIFICATION: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER BY DIRECTION ON NOVEMBER 3, 2004. I FURTHER CERTIFY THAT THIS BOUNDARY SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA SfAT:.JTES 472.027. LB #3591 û~' l!::_ðY3h'-W JE Y WAGNªCWI~ R~ AN SURVEYOR #5302 ~ATE OF FLORIDA B #3591 I 1 REVISIONS DATE BY FILE NAME 4702-RW-REVlSED dwq CAULFIELD ß WHEELER, INC. i{m C:v,~ P<G:r\ERING - LA:\C' ~_ANNING _ANDSCA"E ARCHITECTURE - SJRVEYING 'ß/f¡ 730lA W "ALt"=TTO PA:;¡K ROAD - SUITE 100A BOCA RATON. F~ORIDA 33L33 PHOI\:E (::61ì-392-¡991 ¡FAX C56;)-ï50-i4S2 MAP OF THE TOWN OF LINTON, FLORIDA PORTION OF LOT 19, BLOCK 69 - SKETCH OF DESCRIPTION DATE 11 3 04 TMM SCALE 1"=20' JOB NO 4702 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 SUBORDINATION OF ENCUMBRANCE TO THE PROPERY RIGHTS TO THE CITY OF DELRA Y BEACH, FLORIDA KNOW ALL MEN BY THESE PRESENTS: That whereas it is required by the City of Delray Beach to provide certain width of right-of-way in accordance with its Comprehensive Plan; and, WHEREAS, a portion of the lands required to be dedicated to the City is subject to a mortgage held by the undersigned; and WHEREAS, on behalf of the City of Del ray Beach, a request has been made for the undersigned to subordinate said encumbrance to the property rights of the City of Del ray Beach in and to the portion of the premises hereinafter described. NOW THEREFORE, WITNESSETH: That for and inconsideration of the mutual promises herein contained and other good and valuable consideration, the undersigned subordinates said encumbrance to the property rights of the City ofDelray Beach, Florida, to provide for the dedication of right-of-way the following described lands, being a portion of See Exhibit" A" Attached hereto Insofar as said premises are affected by the following described encumbrance now held by the undersigned; NATURE ENCUMBRANCE Warranty Deed DATE 12/20/04 FROM OR AGAINST IN FAVOR OF Michael and Rada Strauss to Swinton Venture, LLC RECORDED BOOK-PAGE 17915/1178 PROVIDED, AL WAYS, NEVERTHELESS, and it is expressly understood and agreed that this instrument subordinates said encumbrance insofar as same affects the rights and privileges of the 3 " City of Del ray Beach in its use of the land specifically above described for right-of-way and that nothing herein contained shall in any way alter, affect, impair, minimize, or diminish the effect of said encumbrance or the remedies at law or in equity for recovering thereunder, or against the parties charged thereby, the full amount of all sums secured by and/or under the same. It is further understood and agreed that in the event said above described premises are abandoned by the City of Delray Beach and cease to be used for right-of-way that in such event the subordinate of said encumbrance shall terminate in and to such portion abandoned and no longer used as aforesaid, and the encumbrance shall become of the same status with reference to such abandoned portion as if the subordination had never been made. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. WITNESSES: t~~~ E LAIIV/¿ fJ. GIZ A &:; <!- (Name printed or typed) By: ~t r /~rrl1J(Â t*Jen C. 3rðuJeí (Name printed or typed) STATE OF F¿¿)~//)/J COUNTY OF /!4L.t( ße-~f/ [Mv, d A/~r. 3 k \- -P(t~1 de.... t {c'£ 0 (Name printed or typed) Address: The foregoin~Äment.was acknowl~d before me this 30 day of DeCE,Þ//3é-¡¿2004 , by ¿// D A L Æ G hiT (name of officer or agent, title of officer or agent), of STERLING BANK a :Florida Corporation, on behalf of the corporation. ]!e/She is personally known to me or has produced (type of identification) as identification. ~~,~~ Signature of Person Taking acknowledgment ~~~~. ANA MARIA SALVADOR ~*: :~ MY COMMISSION # DD 018600 ~~ J EXPIRES: May 12, 2005 "'1. "Bonded Thru alotaly Pubic UndelWrl1eIs A.AlA k4fi/4 5~.J.j/4l)¿J/2 Name Typed, Printed or Stamped 4 " REVISIONS DATE BY FILE NAME 4702-RW-REVlSED dwo ~ NORTH GRAPHIC SCALE 20 0 10 20 ~~ ( IN FEET ) 40 I WEST LINE LOT 19, BLOCK 69 S 89'58'23- E 2.00' 2.00' èn èn N N Ó cri 10 V W ~ t · V ;1) 10 -0) èn v v o 0 o 0 1600-¡:' en ALLEY SOUTH LINE LOT 19, BLOCK 69 LOT 20 BLOCK 69 S89'58'23"E 124.00' ~\).;. ~\..O ,I !ôÇ¡ _\.....o~' "'';)"'. C~ V'~ G«, '¢\..O o~ ~oI o~ '!>' 1(,..... OO'f.. .....y¡ ..... 'ò O~ I~\..~ ~~~~ " LOT 12 BLOCK 69 ( N89'58'23-W N89'58'23-W LOT 16 BLOCK 69 LOT 17 BLOCK 69 o o N r0 è:> o N r0 50.00' 50.00' N 89'58'23" W NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY,EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD 3 BEARINGS SHOWN HEREON ARE RELATIVE TO THE RECORD PLA T BASED ON THE SOUTH LINE OF LOT 19, BLOCK 69, BEARING S89·58'23"E. 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR 5 UNDERGROUND FOUNDATIONS WERE NOT LOCATED. DESCRIPTION: THE WEST 2.00 FEET AND THE SOUTH 2.00 FEET AND THE EAST 5.00 FEET OF LOT 19 OF SUBDIVISION OF BLOCK 69, DELRA Y, FLORIDA. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 45 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING 600 SQUARE FEET, 0.014 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS. COVENANTS, AND RIGHTS-OF-WAY OF RECORD. CAULFIELD ß WHEELER, ¡!\IC fim CIVIL ':NGINEERING - LAr-;) PLA'JNING " LANDSCAPE ARCHITECTURE - SU:¡VEY'NG '¡í ~ 730lA W PALMETTO PARK ROA) - SUITE 10~A .if BOCA RATON, F~ORJDA 33433 PriONE (561)-392-199' I FAX (561'-750-11.52 MAP OF THE TOWN OF LINTON, FLORIDA PORTION OF LOT 19, BLOCK 69 - SKETCH OF DESCRIPTION 131.00' 589·58'23-E 5.00' EAST LINE LOT 19, BLOCK 69 5.00' LOT 19 BLOCK 69 èn N cri v !-U ':q- 10 èn "8 v N 0 o en wç' ;j :s >- z!::.~ LaJ I- I I- >W~~ <",OJ: ""Il. >->-VI ...,V1J:<C( CD 0 ~o ~a::O::I"') ¡J:S'O cñ~"It u èn N Ó 10 W . v 10 èn v o o en 124.00' 131.00' LOT 18 BLOCK 69 è:> è:> o 0 N N r0 r0 50.00' S.E.1 st STREET RAYMOND STREET (PLAT) 50' RIGHT-Of-WAY CERTlACA TlON: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER BY DIRECTION ON NOVEMBER 3, 2004. I FURTHER CERTIFY THAT THIS BOUNDARY SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472 027. LB #3591 lP~:' lL ~~ JEYW~ R~. AN SURVEYOR #5302 A TE OF FLORIDA B #3591 DATE SCALE JOB NO "'=20' 4702 MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER t'ft1 AGENDA ITEM # t?G - REGULAR MEETING OF APRIL 5. 2005 FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/CORAL TRACE OFFICE PARK. LLC TO: FROM: DATE: APRIL 1, 2005 This is before the Commission to authorize the City to act as the utility permit applicant for a water service connection within the state right-of-way (located on the northwest comer of Adantic Avenue and Coral Trace Boulevard) and approve a hold harmless agreement with the developer (Coral Trace Office Park, LLC). Water service is proposed to be connected for Coral Trace Office Park. The water line is tying into an existing 12" water main on Adantic Avenue, within the state right-of-way. The Florida Department of Transportation requires the City to sign the permit on behalf of the developer. The proposed agreement provides that the developer will hold the City harmless for the general work to be perfonned under the permit. Recommend approval of the hold harmless agreement for work perfonned within the state right-of- way between the City and Coral Trace Office Park, LLC. S:\Clty Clerk\agenda memos\Hold Hannless Agmt Coral Trace Office Park 04 05 05 City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M TO: DAVID T. HARDEN, CITY MANAGER FROM: JILL SKAGGS, P.E., ASS'T. CITY ENGINEER ..;.h DATE: March 14, 2005 SUBJECT: Hold Harmless Agreement for FOOT Utility Permit Coral Trace Office Park Please find attached a hold harmless agreement for work performed within the state right-of-way. Water service is proposed to be connected for Coral Trace Office Park. The water line is tying into an existing 12" water main on Atlantic Avenue. The existing water main is within the State right-of-way and the Florida Department of Transportation requires the City to act as the utility permit applicant. The attached agreement, which will be reviewed and approved by the City of Delray Beach Attorney, holds the City harmless for the work performed under the permit. Also, attached is a location map. If the attached agreement is acceptable, please place it on the April 5, 2005 meeting for commission approval. Enc Cc Brian Shutt, Assistant City Attorney Richard Hasko. Director of Environmental Services Randal Krejcarek. City Engmeer Carolanne Kucmerowski T AC File Agenda File, April 5, 2005 S IEngAdmm\TAC\Coral Trace Office Parklhold harmless agenda memo doc I I~I ! i ! I G...J ; I I I I ¡I-r ;(1 ~I ' I ,I <{ ~ t----I ~, f----t--fS /--1 I f--r¡:~z, I I ~~LJ/,~\ \ I . ~I \ l¡ (\ !z\ \ I " U!ì ~' "C ÂTlp..~ \ , I SITE! \ \ \ I \ ¡ / \ I I i I I J I \ HGH POiNT DRIVE HI '-I IN 'V HIGH ~ii ~i . I , ; i I i 511 ~I l~~ n g, I ~ PRIVATE - 'I~ U1 ..8 HiGH POINT TERR t. ¡!:. ~ (HIGH POIW BOJLÓ:VARD :)! 'I'~I~ ~ ~ 18 ë:~. I ~~:.r.. . E '" r .... . 0. ::::. .rI' .- ~ ~i ~¡ . .} . I 1 ~: .:~' 'I. :.",~.:.! o I . ..- ~ c-: ....~. ó §~. . ~ J¡"'~..'. T- I: ~. - .. . 5 ! ::::;: ë o .;:; o .!::1 :D :> a. 0> ~ -0 a.: <C ::::;: Ü o -.J ~ a:: <C ~ lLJ Ü E o : I tlíH ! ~tj 2 (,) .~, .~ (fJ1 :, ~ Ilmi" ¡rj () I I I~ G N W 1ST ST i ~ I I I IwI I:) I Z I IW .> « I ~ I I \ I L---------1 I I I I I I I I i I I ! ! (f) (I !;~;:: ,~a:: , ,\ I~ I ,! 10\'. !~! C) :...J I \1 ~I \ I' /; Z I ) ( 0: µ\~ô ü ~~, I I I -J i i _____ CITY of DELRA Y BEACH ENVfIONMENTAL SERVICES DEPARTMENT 434 SOUTH 8WINT'ON AVEN.E, DB.IIAY EEACH, R...OFÐA 33444 CORAL TRACE OFFICE PARK LOCA TI ON MAP 2005-200 1 OF 1 HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT is entered into this _ day of , 2005 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and Coral Trace Office Park, LLC, (hereina~'l.yeferred to '""'~ .? --1;> ' ~ ~ as "DEVELOPER"). ~.." ~tø .-;~- \1"'"".\..A,,"" ."\ WI TNE SSE TH: <"\ ~'tf" '$ WHEREAS, DEVELOPER wishes to install/constru~provements in the right-of- way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right-of-way; and WHEREAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right-of-way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right-of-way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in relation to the work performed in the State right-of-way and as more particularly shown on the engineering plans submitted for the development known as Coral Trace Office Park. 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 2 6. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance that is acceptable to the CITY, prior to commencing installation or construction. 8. DEVELOPER shall be bound by all the terms and conditions found in the General Use Permit Application between the CITY and the State for this project and attached hereto as Exhibit "A". 9. This agreement shall not be valid unless signed by the City's Mayor and City Clerk. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By: City Attorney 3 WITNESSES DEVELOPER: Coral Trace Office Park, LLC (Print or Type Name) By: Alan Benenson (Print or Type Name) Address: (Print or Type Name) Phone: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument , 2005 by officer or agent) of acknowledging), a of the corporation. was acknowledged before me this _ day of (name of officer or agent, title of (name of corporation (state or place of incorporation) corporation, on behalf He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public- State of Florida 4 Date: March 14. 2005 AGENDA ITEM NUMBER:)Sc:' o AGENDA REQUEST Request to be placed on: -X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: April 5. 2005 Description of Agenda Item (who, what, where, how much): Commission approval/authorization for Mayor to execute hold harmless agreement with Coral Trace Office Park, LLC for water service work performed within the state right-of-way. Water service is proposed to be connected for Coral Trace Office Park. The water line is tying into an existing 12" water main on Atlantic Avenue. The existing water main is within the State right-of-way and the Florida Department of Transportation requires the City to act as the utility permit applicant. The attached agreement holds the City harmless for the work performed under the permit. This agreement is subject to review and approval by the City Attorney. ~.~a Staff Recommendation: Department Head Signature: ~.'t,..;:V City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: N.A. (if applicable) City Manager Review: ÆJ Approved for Agenda:~ / No Initials: Hold Until: tJ1- Agenda Coordinator Review: Received: S'\EngAdmin\TAC\Coral Trace Office Park\hold harmless agenda doc ~CA\cQ. 0'1'\ ~ ~'1,JC.!\- Co<~ C)..ç AAHf\V:''-Pwwtl4Z ~C:j(""\\\~ß\~_ JI< í1Y\ [IT' OF DELRA' BEA[H CITY AnORNEY'S OFFICE ~ POLICE LEGAL ADVISOR lELEPHO"\E ')6124j--;H2j· FACSI~lILE 561/243-7815 ...:I-r , ~ III ' POLICE LEGAL ADVISOR MEMORANDUM ® 300 \\. ATIAT\TIC .-\\T\TE . DELRAY BEACH. FLORIDA 33444 From: Mr. David Harden, City Manager Catherine M. Kozol, / ~ Police Legal AdvisOt/" - 1993 To: Date: March 15, 2005 Re: Chateau Woods Traffic Enforcement Agreement - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Attached for your review and insertion on the Consent Agenda are three originals of the traffic enforcement agreement with Chateau Woods Homeowner's Association. The Agreement will allow the Police Department to enforce state and local traffic laws on the private roads of Chateau Woods. The contract shall also mandate that the Homeowner Associations comply with speed limits set by Florida Statute and follow Department of Transportation standards for traffic control devices. The Police Department feels that allowing enforcement of state and local traffic laws will enhance our presence in the area and have a more direct impact on crime in that area. The Association will pay $1.00 per month to cover the costs of enforcement and has added the City as an additional insured on the liability insurance policy. A copy of the Certificate of Insurance is enclosed. If this Agreement meets with your approval, would you kindly place this on the Consent Agenda at the next scheduled Commission meeting. When all of the agreements have been signed, I would appreciate it if you would return one original to me for forwarding to the Homeowner's Association. Thank you for your courtesy and attention. Ath/encs. cc: Susan Ruby, City Attorney Chevelle Nubin, City Clerk Chief Joseph L. Schroeder 3\-\ CHATEAU WOODS HOMEOWNERS ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") through its Police Department, wishes to make its Community Policing efforts in CHATEAU WOODS as effective as possible; and WHEREAS, the CHATEAU WOODS HOMEOWNER ASSOCIATION (hereinafter referred to as "ASSOCIATION") is desirous of the enforcement of state and municipal traffic laws on its property; and WHEREAS, both the CITY and the ASSOCIATION feels that such enforcement will make the Community Policing effort a more positive influence on the community; and WHEREAS, F.S. 316.006(2),(b),(1 ),(2) allows for such enforcement on private roads pursuant to a written agreement approved by the CITY Commission which provides for reimbursement for actual costs of traffic control and enforcement liability insurance and indemnification and other terms as are mutually agreeable by the parties. Now, therefore, for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The CITY does hereby agree to enforce all state and municipal traffic laws on all private roads owned by the ASSOCIATION. 2. The enforcement of the traffic laws will occur 24 hours, 7 days a week. 3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to cover the actual costs of the traffic control and enforcement incurred by the CITY. 4. The speed limit shall be that set by Florida Statute 316.183(2) and 316.189(1) of 30 mph. 5. Signs posting the speed limit must comply with Manual Uniform Traffic Control Devices used by the Department of Transportation and F.S. 316.189(3). 6. Stop signs must conform to the manual and specifications of the Department of Transportation as stated in Florida Statute 316.006(2)(b)(3). 7. The ASSOCIATION shall defend, indemnify and hold harmless the CITY, its agents, officers, officials and employees from any and all claims, suits, causes of actions or any claims whatsoever made arising from any and all acts of traffic control and traffic enforcement that occur on the ASSOCIATION'S property following the date of this agreement. Nothing herein shall be deemed a waiver of the privileges and immunities granted to the CITY under F.S. 768.28. This indemnification shall survive the cancellation of this agreement. 8. The ASSOCIATION shall provide liability insurance to cover the indemnification in the amount of $100,000 and name the CITY as an additional insured. 9. This agreement shall take effect upon execution and approval by the Delray Beach City Commission and the CHATEAUU WOODS HOMEOWNER ASSOCIATION and shall continue in full force and effect until rescinded by either party. This Agreement shall automatically renew upon payment of the yearly fee. 10. Either party may cancel their participation in this agreement upon delivery of 30 days written notice to the other party. Cancellation will be at the direction of the subscribing party. 11. In any action brought to enforce any provision of this agreement, the prevailing party shall be entitled to the relief sought plus all costs incurred and reasonable attorneys' fees. 12. The ASSOCIATION, by signing below, affirms that they have read and understand this agreement and that they have been given the opportunity to have the attorney of their choice review this agreement. This agreement made and entered into on this J~'"f)4. day of February, 2005. City of Delray Beach, Florida Jeff Perlman, Mayor Chateau Woods Homeowner Assn. aA~B~o~ By: President of Association By: ATTEST: City Clerk _Catherine M. Kozo, Asst. City Attorne 2 Cittadino Mr;mt 5614964432 ~~ 1 --. -- ---- Mar 11 05 10:50a ---- ._- --- -- ~ -- AÇORQ... CE~TIFICATE OF LIABILITY INSURANCE I OA.TE IMN/OÞYYJ 0112612005 1'ttUIIIIIZ" Sf!IføI. 100422 THIS CERTIFICATe IS ISSUED AS A MATfER OF INFORMATION RIVARD INSURA~C£ AGEMCY ONLY AND CONfER$ NO R'C)ttT$ uPON TttE CeRTIFJCA~ 53~ 11JTH AVENIJE NORTH SUITE , HOLDER_ THIS CERTIFICATE OOES NOT AMEND. EXTEND OR LAIŒ WORTH, Ft.. au'1' ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. !i&1-43tJ.09IO __ AFFORDING COVERAGE NAICt .--0 INS\IREA ",. NATIONWIDE INSURANCE COMPANY CHATEAUWOOD HOMEOWNER ASSOCIATION INC. ~II: LANOaMRK AMERICAN I~Nœ CfO PHIL cm tlOlNO MGMT 14000 MILITAR'f TRAIL #204C INiIUIØI c; USlIG .DELAAY BEACH. FL 33484 ~)' ~E: 'ME PCUaES OF INSURANCE US'YEDIlELOW HAIlE BEEN ISISUED10 'tHE INSURIDNIIIIeD MIOVE FOR TtoIE PQLçyf>ØlOD INDICATED N<1TWITIfSTANI)ING ANY R~I!IoI9Ir. tERM Oil CDIiIDmOH OF ANY CONntAC'r 0lIl onø OOCUMENTWITH RESPEC't Tel WHICH THIS CERTlFICAtE MAV BE lSSuen OR ....y PÐn'AIN. ntIE JlllSURANCE AFFOROID BY "4E POUCES 0ESCRI8E0 _ IS SU8JEC1 TO AU. THE TERMS. EXQ.UStONS AND CONOIT1ONS OF SUCt1 PQUCIES. ~TE LIIoIm; SHOWN_V MVE BEEN REDUCED IIY' PAID CLAIMS B:~ ftIIllrIIiW '"" C" IllSUMIICf: NlllCT_ UIIIITS ~LM8Lm' I E<lCM OCCURRENCE , 1 000,000 A ¡.!. p~ACML GÐI£-' L"'IIUTV 77PR788802.3ÐO' 9/1104 911105 1~.TO.;NT1I!) , 100.000 I- CUlIIIS - IXl OCCUR IoIIDEJCP ,....._-, I, 5000 -..........., '_INJUMY ~ , .000.000 nRl_~T1I! 2 000.000 . ~~~n,I'E'" -""19· CQUIIICPACG ¡ INCLUDED POLICY I I ~ ,...,. ~UotRIT'I 77PR768BD2~3001 9t1104 911105 COM"NED!IINGLE LIMIT $ 1.000.000 A - NIV AUTO 11iIo"'~ - IU OWII*)A&mIS IIOOIL v ItoUIJRT , !lD4l'lDUL!DMÞTOS I-J*U"I X .-0 AU1'OII --.V INJUFI'I' , X IIIOIoI-OWNED AUTOS 1PIt-...u ~- s :r1UAam \'IQ OII~'" . E^ &f"-"'~ S N« 1llUT0 0114EII: TItAN EAACC . "IJTO 0IIl'l. AGR S 'tj::USMADE EM:H oc,.",.1Ie1CE S I ::J oeclJlt IE , , ~~~ , RFIaIT1Of1 S El' IOIC .!IT"UIl---' ~ca.fIlSAT1OIIMlD EIirLOYIØ' ......"., EI. ~ I\CClÐEN1' I, ~IX:UTJVE I!I. DIS&'R - EA E =...~- Q.IIIH.'!£ - POLICY UA'f S ... - B ØI!fØ)'NG coveRAGE: LHD337146 911104 911105 LIMIT: $10.415.000 5%W&H DED. A FIDELITY BOND 77PR166802-3001 911/04 911 {oS L~IT $100.000 (FORM A) C DIRECTORS S. OfFICERS NDO-1023483A 911104 9M/05 LIMIT: $1.000,000 III!ICRIP'I1OII 0' Of'ØIA'11DII$ILDCII1IðNI/YIIIIa.nIÐICL..,..ADGEDØ .--..EIft¡ureaa1.~ erN OF DELRAV BEACH IS AN ADDITIONAL INStJREO ON POLICY NO. 77PR766802-3001 SUBJECT TO THE PROVISIONS OF E;NDORSÐÆNT 002013 ~1EHDLDER cMcau.1ION SItOIAD _ øt 1Mf....ewe DCStIIRDpOUCÐ lIE CAtlCEu.B> BEfORE 'THE ÐIP.M'TION DIIŒfMØIEOF.ltIEIISIIINC ftoISURBI ¥IILL 9IDU.\IOR TO__~_J)"Y5W111!'fa. CITY OF œLF:AVeEACH NOT1Œ '10 _ ŒRIIFII:A~ ItOt.DIER ~)TO nE L!FT.IlUT'AI~\IA& '10 DD IOSI1AI.I.. 100 N.W. 1ST ~veNUE INPOJE lID C)8U(';AIÞI ~ U/I8IU'fY OF "tit KINO I.I'ON nE IN6URI!II. IT' AGENTS 01\ DELRAY BEAGH, Fl 33444 ~""TNES. VIA FAX NO. ~61-2043-7221 AIJ~~;:jJ.'IWJ - ~/J VIA FAX NO. t6''''~ ~ 7fi4.J j,. . 1~'~ MARTING.RIVARD I ~ ACOItD CORPORATION 'III ACORD 25 (2OO1JIa) 01\ r7J1 RESOLUTION NO. 18-05 A RESOLUTION OF THE CITY OF DELRA Y BEACH, FLORIDA, URGING THE LEGISLATURE TO VOTE AGAINST HB 1521 AND SB 2060, IN THAT THIS LEGISLATION WOULD AMEND PART III, CHAPTER 163, FLORIDA STATUTES, WITH THE EFFECT OF SEVERELY REDUCING THE ABILITY OF COMMUNITY REDEVELOPMENT AGENCIES TO ACCOMPLISH THEIR STATUTORY REDEVELOPMENT TASKS. WHEREAS, the Bills would significandy revise the funding mechanisms under which municipal CRAs fund capital projects, i.e., by automatically reducing current contributions by county governments; and WHEREAS, the best way to resolve a desire on the part of one local government to address an issue in dispute with another local government is at the local government level; and WHEREAS, the Bills seek to assist counties in such city-county disputes; but leave litde for municipal interests in such disputes; and WHEREAS, these Bills would alter the course of redevelopment midstream after approval, joint planning, and funding commitments by the charter county, prior to the establishment of the CRA, for the full term of the CRA; and WHEREAS, the Bill not only affects community redevelopment agencies that will be created subsequent to the effective date of the proposed legislation but would also apply to community redevelopment agencies now existing and operating; and WHEREAS, Section 163.410, Florida Statutes, grants all powers of community redevelopment to charter counties which may then delegate those powers to municipalities within such charter counties; and WHEREAS, the Bill will lead to existing community redevelopment agencies being re- created, making new and specific findings for slum and/or blight that will be subject to challenge, and if challenged successfully, void all prior action of a community redevelopment agency; and WHEREAS, charter counties have delegated powers to municipalities in the past, but now want, through the Bills, to take said powers back; and WHEREAS, the Bill will undermine the ability of community redevelopment agencies to upgrade their areas and be attractive to developers; and ~x WHEREAS, the Bill would require community redevelopment agencies to obtain approval from the County for virtually any redevelopment activity; and WHEREAS, the Bill would result in a limited number of projects with finite time limitations and give the County the ability to negotiate its share of tax increment revenue payments; and WHEREAS, the Bill effectively turns a community redevelopment program designed to eliminate slum and/or blight conditions, and enhance lifestyle and business conditions for residents and business owners in a community redevelopment area, into an economic development program designed to impact a limited number of fixed projects with discemable cash returns, benefiting only those projects prepared to be immediately undertaken; and WHEREAS, the Bill would significandy increase the amount of time to get amendment approvals of community redevelopment plans thus destroying the ability of community redevelopment agencies to assist private developers in a timely and opportunistic manner. NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA THAT: Section 1: The foregoing recitals are hereby ratified and confirmed as true and correct by the City Commission of the City of Delray Beach, Florida, and incorporated herein. Section 2: The City Commission of the City of Delray Beach urges each member of the Delegation to vote against these Bills. Section 3: The appropriate City officials are hereby authorized and directed to cause a copy of this resolution to be delivered to each member of the Delegation. Section 4: This Resolution shall become effective immediately upon its passage. PASSED AND ADOPTED this 5th day of April, 2005.n MAYOR ATTEST: City Clerk 2 Resolution No. 18-05 Kucmerowski, Carolanne From: Sent: To: Subject: Nubin, Chevelle Friday, March 18, 2005 9:45 AM Kucmerowski, Carolanne FW: CRA legislative defense ~~ \~~ 0:) Carol anne, This is Mr. Harden's response to Diane Colonna about the resolution for the CRA. Chevelle D. Nubin City Clerk 100 N.W. 1st Avenue Delray Beach, Florida 33444 (561) 243-7051 -----Original Message----- From: Harden, David Sent: Friday, March 18, 2005 9:15 AM To: Colonna, Diane¡ Ruby, Susan Cc: 'rwfed@bellsouth.net'¡ Nubin, Chevelle Subject: RE: CRA legislative defense Yes, we can put it on the first meeting in April. -----Original Message----- From: Colonna, Diane Sent: Wednesday, March 16, 2005 3:54 PM To: Harden, David¡ Ruby, Susan Cc: 'rwfed@bellsouth.net'¡ Nubin, Chevelle Subject: FW: CRA legislative defense David, Attached is a sample resolution opposing the CRA legislation that is being proposed, as well as a sample letter. Would you consider putting this on an upcoming City Commission meeting? I will be glad to customize the letter for your or the Mayor's signature. Thanks, Diane -----Original Message----- From: Jan Roberts [mailto:JRoberts@flcities.com] Sent: Wednesday, March 16, 2005 2:32 PM To: Carol Westmoreland Subject: CRA legislative defense > Dear FRA Members: > > Please find a sample resolution and letter designed to legislation filed. They reference HB 1521 and SB 2060. assist in any way. > > Thank you, > > Carol Westmoreland, Executive Director > Florida Redevelopment Association help defend against the 2005 CRA Please let us know if we can 1 > PO BOX 1757 > Tallahassee, FL 32302-1757 > 850.222-9684 > 850.224-6779 ext. 115 > 800.616-1513 ext. 115 > FAX 850.222.3806 > www.redevelopment.net > Annual Conference October 19-21, 2005 > St. Petersburg Hilton > > > > «2005 RESOLUTION STATEWIDE.doc» > > «allbillssampleltr.doc» > > > > *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 2 Df; t01 £IT' DF DELRA' BEA[H DElRAY BEACH f l () . I [) " tw.ed AII·America City , 1111 ~o 100 N W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM 1993 2001 FROM: David T. Harden, City Manager ~bert A. Barcinski, Assistant City Manager DATE: March 28, 2005 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 5, 2005 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for May 12,2005 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. ih Avenue, the south side of Atlantic Avenue from N.E. ih Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to N.E. 1st Street, and NE 2nd Avenue from Atlantic Avenue to NE I st Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, trash and clean up assistance. The street closure will be from 3:00 p.m. to approximately midnight. BACKGROUND Attached is a permit request for approval and City assistance for this event from Marjorie Ferrer. The estimated overtime cost for this event is approximately $6,610. A copy of the hold harmless agreement, insurance certificate, and event budget is attached. Per our new agreement the Joint Venture will be required to pay 20% of all costs over $1,000. The estimated payment to the City is $1,122. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit, street closure, and staff support as requested. RAB/tas cc: Lt. Joe Milenkovic Fire Inspector Jim Tabeek Joe Weldon Harold Bellinger FIle u sweeney/events Doc Agenda Art and Jazz on the avenue 051205 @ Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS ~0 Event Namerritle: Event Date(s): Event Time(s): City of Delray Beach Special Event Pennit Application DELRAY BEACH .~ Al-AlRaCity , 'III! PLEASE TYPE OR PRINT 1993 2001 AvervVé:- AI?'Í f \;;2~ 0.-11 TfiE { (9;4y (~) ~o5 b :IJ(!) 1.M - 10; l)t!) 1'. AI Jó { yJI r V E(Vî<9 (:¿ E"'" Event Sponsor/Producer: Event Contact/Coordinator: f'Ate.. TOR It; fè(-? RE ð<- Name: -f).A-ð2 ..:ro~ I ~ fe-~tRt= d2- Address: ~Lf S,{3- 5" Ave. - f)É-~Y ßE/f-t'fl Telephone Number: S~/- :¿7'1- 13<20 x/(, Cellular Number: ~'71 - 3/(, ~ E-mail Address:flfAIFr()¡?JI?{Ô1)EL.lU..1.I ¡:¡¡;-/t ("'fl· {'O4 ~ Event Description/Purpose: AðZ7" JÁ 2.7- <tJ,'" rH E- A t/t' /ýve- / ~ ¡i/l FV~AJ-í If/Ar g~/¡Y6 S -r/ftJ¿l5A-/}'/)S tf)ç PepPle 7j tf)()/L /)OWŽ7ðulji ~RF/f - {/I?P~SE! IJ /(//1/& /3¡)S/dE55 ~ !JtI;z.. éJ E Æ e H fi NrS - /'! {) P R;i tI /) IJ ~e:;-' Sponsor Category (please CheCk)CityxN0n-profit/charitable 0 PrivateIII- Co-Sponsor - Non-Profit/Private 0 (If Non-profit attach proof of 501c(3) or (d)) Event Location (Describe area boundaries of event/location): H , ~r":IY-r~ .1 I ~ ~ =~, ;£#1":0'" 7b. :: ¡H L:: I/é:.. · .'.n Þt :ú - ..~~; 91; A t' ~___ .8f5, ~ c /4'¡vurð¿ I f.Æ/L{f()A-b ¡VA Ý r,¡(fJ!'1 Aít-./l-q r It:. ;0 (lie: / £J .5 r - ~ I ¡'Ie <. '!..17 A V f - ¡"ý2.~()) ,4íl-Æ/II.of-,C, A LIe. îV N· E ~ 5, _.----~ "'- '/ Site plan attached --- yes uired for entire event site) TtJ ,..- (' é) ,M E;- X no Eventbudgetatlached (Required for all events) Serving or selling alcoholic beverages yes no X (If yes, copy of license and a/coho/liability insurance required two (2) weeks prior to event) no yes ) 1 Ev~nt certificate of insurance attached yes-X- no _ . (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music (Waiver required) ® tfšf"ö.. u e S í Requesting Police assistance (traffic control/security) yes )( no UJAI v ~(£ ð ~ ðttJ/~E O~() (Vft;.IC(Ç yes )( ~ no no >( no K no >( no )( no no X Will supplement with private security (If yes, need plan attached) yes Requesting Emergency Medical assistance yes Requesting barricade assistance yes )( Requesting trash removal/clean up assistance yes Requesting trash boxes and liners yes Requesting stage use yes (If yes, check type) Large stage covered 0 Large stage no cover 0 Small stage 0 Half small stage 0 Requesting signage yes Type: Event sign Directional signs Banner hanging >< Indicate dates required X (Waiver required if more than one (1) week prior to event) no , \.Ù l< Ç~(O R- no X no X no V no X Food and beverage vendors If yes, approximate number Health Department approval yes yes Other vendors yes Tents 6~ðtJqc1'2.9 C\o1 L>f yes (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes no X'" (If yes, type and location and copy of liability insurance required) Will the event be gated (Show on-site map) yes no K 2 Will there be fireworks or other pyrotechnics yes (If yes, contact Fire Marshall) no ~ Will there be cooking with compressed gas yes (If yes, contact Fire Marshall) no (^ Will you be providing port-a-Iets for the event yes X no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) () 4/ 5 I Te ¡<,/t P ><: Will there be a charge for the event yes no (If yes, indicate ticket prices) K Is reserved parking requested (If yes, indicate locations) yes no ~~ Event Contractor/Coordinator Please print: M-tIR:r1)t? I F Fé(...¡2 ~ f2- , .9/3/05 Date ' Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For. Staff Use ~~/~J - ...A c,y\ Date Received ()5 (YV Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage v ~ Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval Application fee received $ I Cò 11> fOLL00 . / JÍI!-l rJ :T AIZ- 3 --..I .... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 We( 0 0 0 0 0 0 0 0 ° 0 0 0 0 0 0 0 0 0 10 10 10 ClI-' C'>I 00 0 0 0 0000 ..... 0 0 « (') 10 0 ..- N t- oO 0::: ÒÓ c-i N ..) '¿c-i~c-i ...:"" <5 Ñ ,¿ CO ::>1-' >- 'r" ..... N .... ..... (') m ~~ n.. '- "õ ~ .>o:~fõ e=tlEA Æ~©J 1;)~~ ~ër § «Þ 1ií m:Ew '- OJ <: c= IV .a 0) :ä o "C IU 0::: <: o t,,:g tI E ;:) E E:¡:15"''''1V '~~Q:.!¡!~,! 1::0oorJ..:: III :>. Q) .!. 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CII Q) 5: 8 E~ ~ 1?: 1:: E, -g c%~~~~~~ u.=o:J-J",,~ f-ê"õl-ó~.c; 1:~~~èñm Oc:._moo~ OWOa..n..IDO OJ c: ëii 'E IV > "t:J « ~ ., 0::: - - -. It) .... N o o "!. 'r" IQ 10 en <'>N 'it.... 10 ..- OJ c;; - C L: 0- oil ti :: g> g; ïñ OJ I-'t:§ 0II~.§ §¡ ~ a.. iii':;Eg 2:ëi~ o o 10 EA II> ;:) ClO C Q) ~~ u. - GJ X 0 - UJ ::J- m::!: -. ë GJ E .ª ::J tT f/JW Æ 3~ ::J m WI;!:: o o --------- o C) I/) ;:) o 0 ~O .!!! )( ãi~ o .!!! ID :;Ea. II> 1': CD § ~ g ÌiÍ'~ o i:L~ ~ ~~.; 1i.~~1Øëi :E:g~'~~ wa.OO::(I) o C) C) - <: Q) E a. ':¡ 0- W ãi - <: GI 0:: f/J ïü Q) ~ «I -¡¡¡ > IV (::. o C) '" ëii Q) ;;E 011 "ii > '" '- I- - -- ~ .... It) ~ ~ ..... 10 :¡ :0 N cø ,¿ o co co cwi ~ <Õ ~ o o o o ..- .... t-. co (/) w (/) Z W D. X lU -..I ~ o I- ~ ..... a!I ~ « I- w Z ~ u U \\ ?~ V1 ..:::0 it 0 ~ tJ'I 'S' -< () / \À Þ 3 (' ~ 1r- ... ~~~, .. , t 'J -¡> V\ \0 j-S- ,. · î &-t , · r\ ~, s " · ..., ~ ~ 'X .( ~ 1J ~ ".. T - 1 E.3l1 - - ~~. ~ ~üluJuwui' J . ~IIIU' r IJIIUIIJIJlIIIILL I,!) ._ _ , . ,.. .--. INrRACOASTÅl: -w. - -, -, ;ð.TERI.y1r. SPECIAL EVENT HOLD HARMLESS AGREEMENT The Downtown Delrav Beàch Joint Venture in co~sideration of the payment of ten (10) (Name of Entity) . dollars. receipt of which is hereby acknowiedged. agrees to indemnify, hold hannless and defend the City of Delray Beach, its agents and employees from all suits, actions and daims induding attorney's fees and costs attendant to any daim, litigation, administrative proceeding, appeal and judgment of every name and desaiption brought against thè City as a result of loss, damage or injury to person or property arising from and in exchange for the Downtown Defrav Beach Joint Venture use of City fadlities or (Name of Entity) property for the special event of * ART & JAZZ and hereby release$ the City of Detray Beach, its agents and employees from all suits, actions and daims including attomey's fees and costs attendant to any daim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from the speéial event of ART & JAZ2 (Name of Entity) · This Indemnification and Hold Hall1'\less and Defend Agreement is only to the extent of insurance. maintained by the Downtown Delray Beach Joint Venture as covered under Scottsdale Insurance Company Policy number CLS0737702 ART & JAZZ (Name of Spadal Event) s,!n< I~ Witness · ,[EL,MA KLe-I,r /fl.A / PñntN~ JLL , Witness Mi aet ListiCk, Chairman Delray Beach Joint Venture Michael Ustick Print Name IE æ~. sA -r R A 1/4f¡: 1- t--U ~¡f:,JN'Í name -,;;"", -- - ... ....... . II< ..,..a..,.&.6.'''''-::/- vV~ÖiiD:~' 'èERTfFië~fE OF LIABILITY INSURi-,ACE PRODUCER OP ID S DA~ (MMlDDI'fY'tYþ DOWNT-2 02 24 05 THIS CERTIFICATE IS ISSUED AS A MAneR OF INFORMATION ONLY AND CONFERS NO RIGH"rS UPON THE CERTIFICATE tfOWeR. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TH~ POliCIES BELOW. The Þlastridge Agency, Znc. 820 N. Pederal Highway Delray aeach FL 33483 Phon.:561-276-S22~ Pax:561-27G-S244 ----~ INSURERS AFFORDING COVERAGE $. HAle If INSURER A' Scot",oIala ra."":""""'. e-:;;;-- ~~ .~ , INSURER B: ------ -- INSURER.C· -- INSURER 0' IN$URER i, IHSUIœÐ Þowntown Delr.v Beach Joint Venture Coppr1sed of: DDA: CRA &. DB Chamber of Cø.aøeree 64 S.E. 5th Avenue Delray Beach PL 33444 COVERAGES THE POLICIE$ OF IN$UAANce llSTEP BELOW HAVE BEEN ISSUED 1'0 THE 1NSURa> NAMÐ) ABOVE FOR TIiE POlICY I't;R1OD INDICATED. NOTWfT1olSTANOINO "p.ff RliQUIRE"IEItT. TeRM OR CONDlnoM OF ANY CONTRACT OR O~H¡;R DOCUMENT WJ1!ot RESPECT TO WHICH nllS CERTlFICATE MAY BE ISSUED OR MAY PER1Þ\t,, THIã INSUAANCË AFFOI\œ.D BY THE POLICIES D6SCRIBJ;.\) HER¡;\N IS SU9JI!CT TO AlL TIiE TBU4S. ËXCLUSIONS A"ID CONOITION$ OF SUCH POLICIES. AGGREGAT¡¡: UI.ICTS SHOW!>! MA.V HAve BeEN ReDuCED 8Y PAID CU\lMS '-~~- I~'TE A CLS09Ø6161. 01./23/05 I I I I 01./23/06 UIIIITS EACH OCCùRRENC¡¡ S :I. 0 0 0 00 0 _Sf91"'~) ;~~_ A.fED~"""_) ~$ PeR5ONAlaAOVINJURY $1000000 ~NEIW....GGREGATE s ~OOO r;~UCT$ - COMP/OF' AGG S -'- AN( AUTO ALL OWNED AIITOS SCHIõDULED AUTOS HIRer> "UTOS NON-OWNED AUTOS COMSII'têD SINGlE LIMIT lEa ace,*",1) s -- --- BOOII.YINJURV (per IGI'8On) s · IJOØIlV INJURY · fPot acadCll!) :¡; ----~- PJroPEF\'T'Y DAM.o.GE fPet__) $ GARAGE UABII,'TY AtN AUTO AUTO ON\. Y - EA ACClDEII/T S --- OTHER THAN EA ACC; $ AUTOONL\'· - .\CG f, EACH OCCURRENCE S -,,- --"_. AGGRIõ:GA're _.*.__ -----r$--- TO~ IUlTŠ.~ __ E.L EACH ACCIDENT :& EIIÇESS/UMllJU!LlA LIA8IU1Y oçc~ 0 GV.1MSMÞ.œ I œDIJÇ118I..E ! RETetmON S WORKERS COMPENSA.TION "NO liMPLOYlU' LWSIUtY ANY PROf"I'tIIETORlI"MUNERIGX¡;;CUTIVE OfFICER/MI!uøa:t EXClUDED? ~~'E~~crNS b.low OTHER --- E L. OISE/oS£; , EA EMPLOYEE S r--- -- · E l. DISEASE - POUcY LI....T i DESCAlP'TION OF OPERATIONS II.000T1OMS I VEHICLES ~ClUSlONS "OOED BY ENDORSEIIIEHT I SPeCIM. PROVISIONS Special Events - 5 Art: lie .Tall:Z on the Avenue/ 8 SWllDler Night.s on tbe Avenue / Balloon Glow I 'l'he City of Delray Ueaeb additional insured with re6pect to General Liablity ONLY. is list.ed &S C!RTIFICATE HOLDER City of Dal~ay Beach lDD N.W. 1st Avenue Delray Beach FL 33444 CANCELlATION DEIoRA-1. StIOUlD AIoIY 01' TH!: ABOVE OESCRlBED POLICIES BE CAH<:EU-I!D Ba'OR£ THE EXPlRATI ÐATE T~REOF, TIlE IS$U\NG 1N$UIœR WILL ENI)EAVOR TO MIll!, ~ DAYS WRITTEN NOnCE TO THE CERTIFICATE HOlDER NAMeD TO TlfE LEFT, Bin FAILURE TO DO 50 SHALL IMPOse NO OBUGATION OR LIABIlITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRES¡¡NïAT~S. AI,ITHO~D Rl;.I'RESENTI\TNiõ ACOIW 25 (2001108) #1 MYDELRAYBEACH COM City of Delray Beach Administrative Services Memorandum TO David T Harden, City Manager ~obert A Barcinski, Assistant City Manager Agenda Item City Commission Meeting April 5,2005 Event Request 8th Annual Downtown Delray Craft Festival FROM. SUBJECT DATE March 25, 2005 Action: City Commission is requested to endorse the 8th Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 28-29,2005, to grant a temporary use permit per LOR's Section 2.4.6(H) for use of City right-of-way on Atlantic Avenue from the west side of Bronson A venue to the east side of Seabreeze, and to authorize staff support for security and traffic control. Backl!Tound: Howard Alan Events, Ltd. will be sponsoring the 8th Annual Downtown Delray Craft Festival. Attached is a letter, event permit, site plan, budget and hold harmless agreement. This year again, a portion of the proceeds will be given to the Joint Venture. Mr. Alan is requesting closure of Atlantic Avenue from the east side of Bronson Avenue to the west side of Venetian. Mr. Alan has indicated that he would rent and install barricades with volunteers. However since the closure is on Atlantic Avenue I am recommending that the barricading be done by City crews. We are also concerned that closing Atlantic between Venetian and Seabreeze would make it very difficult for guests to access the Residence Inn. This event in past years has been held on NE/SE 4th A venue. However due to construction on NE 4th, the event location needed to change. Ms. Ferrer has coordinated the dates and location ofthe event to compliment the Hot Air Balloon Glow. The estimated costs for City services are $5,200. Per event policies and procedures the event sponsor is required to pay 100% of costs. Recommendation: Staff recommends endorsement of the event, granting of the temporary use permit for the street closure on Atlantic between Bronson and Seabreeze, providing staff assistance for security and traffic control, and barricading, and allowing the event signs to be installed one week prior to the event with all overtime costs to be paid by the sponsor. The approval would be conditional upon the receipt of the insurance certificate. RAB/tas cc: Marjorie Ferrer File 'u:sweeney/events Doc: Agenda Memo Delray Craft Festtval May 2005 ~t( March 18, 2005 AMERICA's FINEST ~- ~t"1 À ~ A"t...1 ~ ~lJ~ì~~ It£CI2 }f4R II/£D C/~0~~~.2005 lI.1A,tv .., / ~ , A,G~", Mr. Robert Barclnski Assistant City Manager City of Delray 100 NW 1st Avenue Delray Beach, FL 33444 Ilo\\al'4l \Iall «:"·lIt... Lt.1. Dear Mr. Barcinskl: We are planning for the 8th Annual Downtown Delray Craft Festival, to be held May 28 & 29, 2005 on Atlantic Avenue from Venetian to Bronson Please be advised that the following logistics for the 8th Annual Downtown Delray Craft Festival will be arranged: Street Closure: Bob's Barricades will drop off barricades on Friday, May 27, 2005, and our employees will set them up early Saturday morning The will block off the streets on Atlantic Avenue from Venetian to Bronson, as well as the side streets leading to Atlantic including Sea breeze, Gleason. Police: The Delray Police Department will arrange for Police and Security from 10:00 am - 5:00 pm on Saturday and Sunday and 2 overnight security officers on Saturday from 5 00 pm - 6 00 am Sunday. Port-O-Lets and Dumpster: 3 regular and 1 handicap port-o-Iets will be ordered through Able Sanitation and will be dropped off on Friday, May 27, 2005 and will be picked up on Monday, May 30,2005, with servicing on Sunday, May 29, 2005 A 20-yard roll off dumpster is ordered from Southern Waste Systems It will be dropped off on Friday and picked up on Monday as well. Trash Receptacles: Trash receptacles will be supplied and maintained by our professional clean-up crew, Profest (Mitch). They will handle clean up of the trash throughout the area each day. Vendor Parking: Will be provided Insurance: City required certificates will be issued as required If you have any questions, please feel free to call me at (954) 472-3755 mez Operations Director 9695 W. BROWARD BLVD. . PLANTATION. FLORIDA 33324 (954) 472-3755 . FAX (954) 472-3891 www.artft..sti\.al.com D8.RAY BEACH City ofDelray Beach ~ Special Event Permit All-America CIty Application RECEIVED , III I! MAR 2 3 2005 ~ ~ PLEASE pRBtf~~~~~1ER 1õõ~ Event NamefTitle: q, -I---' A "''''vd 0 _".J.0 }vw...... ~oJ (Jf14·./ ß. j,...u4 / Event Date(s): JII{ ~~ olf; l ..;}'. rJ..ooÇ" Event Time(s): g,J"<t.;~ ~ ç;.uJ'ô I 0 AlIA--- - 5 P""-' Event Sponsor/Producer: \ ~\Z -:;Só ~ J+ .~~ ~u J M f)(e. JófL~ ~ Iì f Event Contact/Coordinator: Âc MÆ. e;(' f>..,..J l~.t-- Ie..!> Þe-Å.v~u ~~:~~~~~ ~1I~~~~~~~d- ~t~~oJ'?Z- ~~~~:& Telephone Number:~-l~.l- "'>-:JS;\ Cellular Number: 'ð I ~-.;S\ -I \31 -o~Sjk E-mail Address:-SI\.Je-+-\e-~~öaAR>t-;v....\.Com Event Description/Purpose: J .' I n \ f\ . í' ~ --.t-~ u ~(l... S \:wILÁ- ~ 'l.-.Þrf4 ~ Sponsor Category (please check) City 0 Non-Profit/Charitable 0 Private 0 Co-Sponsor - Non-Profit/Private 0 (If Non-profit attach proof of 501c(3) or (d)) cation (Describe area boundaries of event/location): ~ 'J 0 . \,lQ.. ~ ~ -\C) ~t2-0,.., c-.(')..J . Site plan attached (Site plan required for entire event site) yes / / no Event budget attached (Required for all events) yes no /' Serving or selling alcoholic beverages yes no (If yes, copy of license and a/coholliability insurance required two (2) weeks prior to event) 1 Event certificate of insurance attached yes no / (Required two (2) weeks prior to event naming the City as additional insured, also I _4 ~ required for vendors) V'r / Playing of amplified music (Waiver required) yes no Requesting Police assistance (traffic controVsecurity) Will supplement with private security (If yes, need plan attached) yes / no yes no ./ Requesting Emergency Medical assistance yes / Requesting barricade assistance yes / no / no Requesting trash boxes and liners yes no / / / Requesting trash removaVclean up assistance yes no Requesting stage use (If yes, check type) Large stage covered 0 Large stage no cover 0 Small stage 0 Half small stage 0 Requesting signage / yes./ no Type: Event sign Directional signs /~ {í/I eA.~ À;cLv·~ ~e:...:>N-úJ. Banner hanging Indicate dates required <S-~ 1- - s- - 30 (Waiver required if more than one (1) week prior to event) yes V J ----- yes no Food and beverage vendors If yes, approximate number Health Department approval . W dl Prff/Õ no '-yes no Other vendors yes no Tents \ 0 i I 0 ~\þ.,.~ ~Þn-J..J ~teJles (If yes, tent permits and fire inspections maybe needed) no ---- Will the event include amusement rides yes no (If yes, type and location and copy of liability insurance required) ~ Will the event be gated (Show on-site map) ~ yes no 2 Will there be fireworks or other pyrotechnics yes (If yes, contact Fire Marshall) Will there be cooking with compressed gas yes (If yes, contact Fire Marshall) no ~ / no Will you be providing port-a-Iets for the event yes ~ no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Will there be a charge for the event (If yes, indicate ticket prices) yes no ~ Is reserved parking requested (If yes, i . t locations) yes no ~ AJ! itA_fA -/ tß};µya5 E ~~,~r ~-'- ~ Please print: ~~ ~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff l!se ~ I"IQ../vS Date Received c4J Application fee received Site map ~ Budget ../' Certificate of insurance Hold Harmless agreement .-/' Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 I ~ Ll1f~ §~J _I ~,J\~III~J ~ 't - 1·111,1 ~I 1 llJ.glfE? ~. ,,,I' =\ 3 F I!=::! rLlLLU '1::J _ I - It~) '- 1-= EIJI! 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("\ ,..;:/ I I \ ' . -:- \ _ I ~'\. ~2;""'r' ,~¿ U LL~_J e¡ =----=- ~~......-c-~~ --...... - - - ---::--- - -- - ~ ~'"""'--- ~ <:;:-'--"'":::.-- --- --- I .._----_ --.....: - '--~- --,:;;:;-,...,/ ''Ç''- --cK!. ~ ~> -,"--- ""- -. < '. ----... .~---- G'd SSSOBloG!SS Li:I!:;:O~S- 9-/~ì(~/n¡-¡ I ¡ __ :> -/(;~1)1 I ~ ~EG:!! so lo! ~~~ ~3ÐW~H~ H~Ð A~~13a American Craft Endeavors 8th Annual Downtown Delray Craft Festival May 28 & 29, 2005 PROPOSED BUDGET FOR May 2005 Income Number of Crafters 110 Crafter Revenue $16,500 Number of Food Vendors 3 Food Vendor Revenue $1,049.40 Total Revenue $17,549.40 EXPENSES Advertising: Boca Raton News Expense $708.50 Palm Beach Post Expense $1,551.12 South Florida Newspaper Expense $325.00 Sun Sentinel Expense $1,544.80 Advertising SubTotal $4,129.42 Services : Permit Palm Beach County Health Expense $25.00 Slgnage AA Sign Lines Expense $600.00 Sanitation Able Sanitation Expense $503.50 Sanitation Southern Waste Systems Expense $746.36 Sanitation Pro Fest Expense $370.00 Barricades Bob's Barricades Expense $212.00 Security City Of Delray Beach Expense $1,059.08 Rentals Pro Fest Expense $114.70 Graphics for advertising Expense Expense $75.00 Payroll Helayne Stillings & Staff Expense $1,677.80 Rental Property Delray JOint Venture Expense $2,000.00 Lodgings and meals, travel Expense $400.00 One Million Dollar liability inS policy Expense $425.00 Administrative Overhead telephone, malllngs,etc Expense $1,100.00 Service SubTotal $9,308.44 Total Expenses $13,437.86 Show Profit $4,111.54 £IT' DF DELIA' BEA[H ~ DELRAY BEACH f lOR I ') ... tI.fb:II AII·America City , III I! 100 N W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM 1993 2001 FROM: David T. Harden City Manager {lPRobert A. Barcinski Assistant City Manager TO: DATE: March 28, 2005 AGENDA ITEM CITY COMMISSION MEETING APRIL 5. 2005 SPECIAL EVENT APPROVAL - HOT AIR BALLOON GLOW SUBJECT: ACTION City Commission is requested to approve a Hot Air Balloon Glow to be held on May 28, 2005 sponsored by the Joint Venture. Commission is also requested to approve a temporary use permit per LOR's Section 2.4.6(H) for the closure of North Ocean Boulevard (A-I-A) Atlantic A venue on May 28[\ 2005 from Atlantic A venue to the City parking lot north of the Marriott 4:00 a.m. to 10:00 p.m., to allow beach parking lots to stay open until II :00 p.m. on May 281\ approve use of the City parking lot at the Marriott for balloonists, and to approve staff support for security and traffic control, barricading, signage preparation and set up, and trash removal and clean up for this event. BACKGROUND Attached is an event permit application received from Marjorie Ferrer along with a site plan and budget for the Hot Air Balloon Glow. This event is being held in conjunction with the Howard Alan Craft Festival being held May 28th and 29th. Balloons will be placed on A-I-A. The day's activities begin at 8:00 a.m. These activities include a meet and greet with the pilots, live entertainment through the day, a children's area, merchant open house, and tethered balloon rides (weather permitting). Balloon races will not be held this year because of the unpredictable weather and the Joint Venture wants to put their effort into bringing people to the beach side merchants. Staff support is being requested for security and traffic control, street barricading and signage and trash removal and clean up. Estimated City costs are $2,325. Based on the new agreement between the City and the Joint Venture, the Joint Venture will pay the City approximately $265. Also attached is a copy of the liability insurance certificate. @ Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS ~L Agenda Item City CommIssIon Meetmg April 5, 2005 Page #2 Date March 28, 2005 RECOMMENDATION Staff recommends approval of the event, the temporary use permit for the closure of A-I-A from Atlantic to the City parking lot north of the Marriott, and the requested staff support request conditional upon the receipt of a hold harmless agreement. RAB/tas FIle u sweeney/events Doc. Hot AIr Bal/oon Race and Glow 2005 Event Namerritle: Event Date(s): Event Time( s): City of Delray Beach Special Event Permit Application DELRAY BEACH .tr:äd AlI-AmericaCity " III! 1993 2001 PLEASE TYPE OR PRINT Hor /1/1( ßALLt'/tJrv' Ct..ÐúJ~· FSTII/AG . f1AY :¿g- ¿h01J .S I 1:/)0 ~~. -¡ð/ðtJ p,,+J Event Sponsor/Producer: :hIN r JlEflI'f?/ÆE Event Contact/Coordinator: (11/1- ðe YtJ(? 1& r ¡Ç ~ æ E æ....-. Name: f11AR'JPi'?¡;: FI?ð<Re tte- FL Address: . ~Lf $ IE" 5 .Æ I/e - tJ E- LI2A- v ,g~Ar II¡ Telephone Number: :2 7'1 ~ ¡3ft¿) xlfD Cellular Number: :z 7/ - 31' ,p.. E-mail Address:flÆ-flTÎ.J.Uk~PEt-lU-YBE..1t.H , £Ió/il Event Description/Purpose: -t IY £V:'1f/T t/I ~~ ß R / //6_~ .!J;1I ¿LI Ii' S fJ¿ü-'/J/7/JttJL AiJ/"- BE#. -r/'r5 T}JE ¡J1E/Zé/-l; A/r__ Sponsor Category (please check) Cit~ Non-Profit/Charitable D privatä¥_ Co-Sponsor - Non-Profit/Private D (If Non-profit attach proof of 501c(3) or (d)) . Event Location (Describe area boundaries of event/location): J ¡4 Lo#6 .t4~L/I/VYìt!. ftf/Ef1/vG' - J PTwi:?'E ;1/ ()f1é/f1ll 15cJuLEilA/lO Â.AlJ) VE/Ý~7/Æ/V AI/~' Site plan attached yes X (Site plan required for entire event site) Event budget attached (Required for all events) no ~ 1-t' MJIY\.£ yes ;< no (f) Serving or selling alcoholic beverages yes no X (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to eventfl) ß[([)U G-5r' w.4J//EI12. &P ~/Ý .5VM IJrI();V ð F /l'L('ðffOLI ~ ßEIIE~-¡¡'6>E.s (O¡Y pvßl--le PÚ<c!JÆt'~-í'-/ PE-tR (It)/Je' /19. )...{.lr-) wltH- (J/)IVJ)/i/Ol' rfl/lr ðIYt.-ý p/...fr5ne. -4/WO f/ðffR.. CJ-ufJ5 /file t/5 E,P. t, pM . I t7 pm . ~kJ f.¡\.{ - Event certificate of insurance attached yes >( no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music (Waiver required) yes >< Requesting trash boxes and liners yes no-#t- no no X no y no X no X no no X Requesting Police assistance (traffic control/security) yes x Will supplement with private security yes (If yes, need plan attached) Requesting Emergency Medical assistance yes Requesting barricade assistance yes X Requesting trash removal/clean up assistance yes Requesting stage use yes (If yes, check type) Large stage covered 0 Large stage no cover 0 Small stage 0 Half small stage 0 Requesting sign age yes X no Type: Event sign Directional signs~ cJ R... ð IrL Ý Banner hanging Indicate dates required (Waiver required if more than one (1) week prior to event) Food and beverage vendors yes ' no X If yes, approximate number fJ1,Al!/<loTí f p,þA.tIl/f4/f~ Ol/LY Health Department approval yes no y Other vendors yes no Tents SfJ(Jð'SOR. S yes Y no (If yes, tent permits and fire inspections maybe needed) yes )( )( Will the event include amusement rides yes no (If yes, type and location and copy of liability insurance required) Will the event be gated (Show on-site map) no 2 Will there be cooking with compressed gas yes (If yes~ contact Fire Marshall) Will you be providing port-a-Iets for the event yes >< no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) - Will there be fireworks or other pyrotechnics yes (If yes~ contact Fire Marshall) Will there be a charge for the event (If yes, indicate ticket prices) yes Is reserved parking requested (If yes~ indicate locations) yes ¡/..~{,( , Event Contractor/Coordinator Please print:!?4 «It) æ..J e Ç¡çtf<Re dL . Date no x !Ä no no x ^ no 8J3(or Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use On!YI. / Date Received ..5jQ 0 ~ Site map v' ~ Budget ~- ~ Certificate of insurance v ~ Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval Application fee received 3 II ¡f'~ cx)&k- To FOL<""'OW ~ --- Mar 17 05 11:25a DELRAY BCH CHAMBER 5612780555 p.3 DELRA Y BEACH'S EXCLUSIVE HOT AIR BALLOON GLOW AND FESTIVAL 2005 All-America City Hot Air Balloon Race & Festival Saturday, May 28th 8 am - 10 pm * Meet with the Pilots as Hot Air Balloons are inflated at the Beach - 8 am -10 am * Howard Alan Craft Show featuring 100 crafters and artists 10 am - 6 pm * Merchant Open Houses and activities for families from 10 am - 6 pm ... Balloon Glow 01\ Atlantic Avenue 6 pm -10 pm History... For the 6th year, Delray Beach will demonstrate its hometown All-America City harmony with a day of Hot Air Balloon Activities, Merchant Open Houses and Howard Alan. Craft Show events. Activities include... Meet and Greet the Pilots, Balloon Glow Downtown, Howard Alan Craft Show; Live Entertainment throughout the day, children's area, Merchant Open Houses and tethered balloon rides, (wea.ther permitting). Attendance... Last year, over 25,000 visitors shared in the Hot Air Balloon Festival in downtown Delray Beach. Location... All activities will be held on Atlantic Avenue between the Intracoastal Waterway and Ocean Boulevard. AtIantic Avenue win be dosed to vehicle traffic from Venetian to Andrews Avenue. Participation... The Hot Air Balloon Glow and Festival sets the stage for public interaction with the many community groups and merchants participating in the events. Mar 28 05 02:13p DELRAY BCH CHAMBER ~~~~' ~ J ~ (:- . I~ '\ 1\ 1""' ~J~~,~G ~-f~ ~¡\~ ~I~ 0\~::\;~1f\ - -I: II Ui ~ ........ U 111,1 i -;\ øE. - ---, n E O"lll"lrl ~ ='" ",,, 5612780555 p.2 -- .-~.-- ._---- ~!. "\ ml\ 8J ~ ~-"",=---- ------- - ..~~~ ....~-:;-- -~.. ----- )- ~------~ -.--~ ...-- ,~ ~ .~ - ':-- - ~"-\:\.::::::::::, t_.......~ -- --- - --......... ......... .._.....,~a.................- ",yAt.öiiD:-· ·èERTfFië;;rE OF LIABILITY INSUR;.~ACE The Þlastridge Agency, Ine. 820 N. Pederal Righway Delray Beach FL 33483 Phone:561-276-522~ Pax:561-276-5244 -.-- IHSURfD OP ID s DAn(MNIDDIYYYYI DOmrr-2 02 24 05 THIS CERTIFICATE IS ISSUED AS A MATTeR OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOWI!!R. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AI- TER THE COVERAGE AFFOFWED BY THE POLICIES BELOW. PRODUCER Þowntown Delr.y ~each Joint Venture Coppr1sed of: DDA: CRA & DB Chamber of Ccœmeree 64 S.E. 5tb Avenue Del~ay Beach PL 33444 INSURERS AFFORDING COVERAGE _ ~ # ç::::: ScottUa1e r..~anc.. ~~ ~ $----!-__ ___ INSURE~ c- -- INSURER O' INSURER E: . COVERAGES THE POllCllõ$ OF INSI,IRANC£ LISTED BELOW HAve BEEN ISSUED TO THE INSUREI> NAMED ABOI/Iii FOR TtiE POLICY peRIOD INDICATEO HOTWfT1olSTANDING ANY REQUIREMENT. TeRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHIC/i nJlS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURAJIICe AFFOm>I!D BVTttE POLICIES DescRIBIõD HERaN IS SUQJECTTQ All TIiE TEmlS, excl.USIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN I4AV HAve BEEN ReDUCED BY PJùßCU\lI4S A TYPE OF INSURANce POlICY NUMge:R GEN~ML lIABILITY X ,X COMMERCIAL GENERAL LlABILI'IY CI.S 0 9 8 6 161 -, ClJolMS Ml\D£ [j] OCCUR I I 01/23/05 I DII.Te ~nmr -- I.IMITS ~y¿..=~l~::::·O- MEO~~I $ ~~JUIt(~1QOOOOD GE~~~ s~OØO PRODUCTS· COMPIOP AGG S -'-- GEN'L AG(¡AeGATE LIMIT APPUI!3 PER: PRO- -, POLICY ÆCT lOC AUTOMOIIILe LlÆlLlTY ANY AU'T'O ALL OWNEO AUTOS SCHIiiDULED AUTOS HIReO '-UTOS NON-owNEO AUTOS COMBINeD SINGLE lIMIT (E;o __deft\} ~ -- --- BOOll Y INJURV (Per pøraon) s --- -- ----~- ~~~\TY -1$ :;:,>:.~rMAGE ¡ $ ^UTO~ACClDE~S _, I OTHERTHAAI 2ACC !--__ , AUTO ONl. Y- I\GG , S EACH OCCURRENCE S -...- ---- AGGREGA'Æ S --- $ GARAGE LlABIIJTY AIN A.UTO exCE$5JUMaßI:LLA lll\lllllJY oçCUR 0 CLAIMS MADE --- -- œDUCìl8L£ Æ'TENTION S WORKERS COMPENSA.TION ANO IMPlOV!M' UA8IUTY Arty PROPRIETQR/p,.RTNEM:XECUTJ\/E Ofl'lCERiMEUBER EXCLLJOED7 ~'~~~~~NSÞ"'''''' OTHER -- S --- S s -- r~~~~-- . !il. DISEASE - POLICY LIMIT I s IlESCRlPTION OF OPERATIONS ¡ I.OCATIONSI VEHICLES ~CLUSJOHS ADDED ay fNOO~T I SPECIAL PROVISIONS SpBcia1 Events - 5 Ar~ ~ 3a~z on the Avenue/ 8 Summer Nights on the Avenue I BalloOD Glow I The City of Delray '6eaeb additional insured with reøpect to GenQ~al Liablity ONL~. is listed. as City of Dal~ay Beach 100 N.W. 1st Avenue Del~ay ~eacb FL 33444 CANCELLATION DELRA-1 SIIOUlO ,,"Y 01' THf ABOVf DESCRIBED POLICIES BE CAHCEU1!D fJa'OR£ THE EXPlRAßO OATE TNEREOF, THE IS$UING IN$URER WILL f),ID£AVOR TO MAl/., ~ DAYS WRITTEN NOTICE TO -mE CERTIFICATE HOLDER NAMED TO TltE LEFT, 81n' I'loIlUIŒ TO DC SO SHALL s!Ø'Clse IIOQBlJGATION OR LII.!lllJTYOF ANY 111"10 UPON TIf! INSURER. ITS AGENT&OR REPRlõSl¡NTATIV!:iS. AUTHOIUZ¡D REPRESENTATIVE CERTIFICATE HOLDER ACORD 26 (2001/D8) I ' _ _ _ _ -!-!- -I-! -1-1- -1- - -'- _'_1- ',! 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I!! ~i,J I !:¡ ~; !, i::' ~! 11 oi +' ~II ii, , '+ ¡I! ,+ I~ · ADMINISTRATIVE SERVICES MEMORANDUM TO: DaYid T. Harden, City Manager ,IlRobert A. Barcinskt, Assistant City Manager FROM: SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 5, 2005 SPECIAL EVENT REQUEST - A VDA 5K WALK/RUN DATE: March 25, 2005 ACTION: City Commission is requested to endorse the 8th Annual Aid to Victims of Domestic Abuse, Inc. 5K Walk/Run to be held on Saturday, October 15, 2005 from 7:30 a.m. until approximately noon, with set up at 6:00 a.m., to grant a temporary use permit per LOR Section 2.4.6(H) for the use of Anchor Park and the City right-of-way along Ocean Boulevard from Casurina to George Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lot, and to authorize staff assistance for providing traffic control, barricading, signage, trash pick up and removal, and set up and use of the small stage. The event sponsor is requesting a waiver of all overtime costs. BACKGROUND: Attached is a letter and permit we received from Pamela O'Brien, Executive Director for A VDA, to hold their 8th Annual 5K Walk/Run on Saturday, October 15, 2005 with set up beginning at 6:00 a.m. and the event to start at 7:30 a.m. The route requested is on A-I-A from Casurina to George Bush Boulevard. A VDA volunteers will assist with marshals and will provide assistance with clean up. The stage will be set up in the park on Friday. The estimated overtime costs for the event is approximately $2,280 and stage rental is $540. Per event policies and procedures the charge for City services will be approximately $780. A budget, site plan, and 501 (c) 3 certification for the event are attached. RECOMMENDATION: Staff recommends approval of the event, the temporary use permit, and the waiver of parking fees. We also recommend authorization to provide staff assistance for traffic control, barricading, signage, clean up and stage set up and use, contingent on the sponsor providing the required liability insurance and a hold harmless agreement. I do not recommend waiving City costs. RAB/tas File u sweeney/events Doc Agenda Memo A VDA 5K Walk Run 2005 D/< oJv1 3M ¡ . ~fll AVDA A Co{tm/ un /1 il Of f/{)fH Aid to Victims of Domestic Abuse, Inc. po. Box 6161 Delray Beach. FL 33482-6161 Phone 561-265-3797· Fax 561-265-2102 24-HOUR CRISIS HOTLINE 1-800-355-8547 November 30, 2004 RECEIVED DEC 0 1 2004 ASt>I~TANT CITY M:!\NAGER Mr. Robert Barcinski Assistant City Manager City of Delray Beach 100N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Barcinski: In recognition of National Domestic Violence Awareness Month, Aid to Victims of Domestic Abuse, Inc. (A VDA) would like to present its 8th Annual 5K Run/Walk on Saturday, October 15,2005. The selected route would have runners/walkers travel on the northbound sidewalk until it ends at Beach Drive. They will then turn around and continue running/walking southbound on the sidewalk. Staging for the event would occur at Anchor Park. A VDA respectfully requests that the City Commission endorse our 8th Annual 5K RunlWalk and grant a temporary use permit for the use of Anchor Park and the northbound and southbound sidewalks along AlA. Registration would begin at 7:30 a.m. and the 5K RunlWalk would start at 8:30 a.m. All activities will conclude at 1 :00 p.m. Activities would include wellness exhibitors; music and a Kid's Area complete with games and age appropriate activities. All refreshments, including water, juice and bagels would be at no cost to participants. Additionally, A VDA requests staff assistance in providing traffic control and that fees for meters behind Anchor Park, meters at Sandoway Park for overflow parking and all associated overtime costs be waived as previously granted. A VDA will provide volunteers to assist with registration, cleanup and serve as Marshals along the route. A VDA will also provide the required liability insurance naming the City of Delray Beach as additional insured and execute a hold harmless agreement. As in the past, we request a small stage be placed in front of the life guard station at Anchor Park and would appreciate it if the costs associated with this be waived. Proceeds from this event will be used to continue providing daily nutritious meals, comprehensive case management, crisis counseling and other quality services to homeless battered women and children. I look forward to hearing from you soon with a favorable response. If you have any questions, please contact Carmen Delgado, Event Coordinator, who can be reached at 265-3797, Ext. 102. On behalf of our Board of Directors, staff and the women and children who will benefit from your support, I thank you for taking this matter under advisement. S~IY' Ú- 0, () ~ pam~~en, M.S.W., J.D. Executive Director FUNDERS ~~ .,A~.-I1'''-~ !;:wf::~- -.I)_fit: @"."._.,coe"'."'-c'r¡fJ\ CHILDREN ~:, /v & FAMILIES ~ Palm Beach County Housmg & CommunIty C'e'" of D.I"" em" con:',,;'.U,~~!~~c:.:'vtIC" . .' r ~/ -~ur/ .../ \I - .--- . . ... ,,~.,'" Ln le~ W2Y ')+ P¡;I'r Bf'iI{~ CO~I't\. Palm Beach Community Chest Unrted Way City of Boca Rato" ~- /,~" r ¡if ':J.iì: \ ~~;!~ B1~ .". : ."0 ,: . .. 1 ].1'--, ~un....' ntllo<l "j',!', ,\: City of Delray Beach Special Event Permit Application PLEASE PRINT Event NamelTitle: AVDA's Community of Hope 5K Run/Walk Event Date(s): Event Time(s): October 15, 2005, Saturday 7:30 am -12:00 noon (set-up 6:00 am) Event Sponsor/Producer: Aid to Victims of Domestic Abuse, Inc. Event Contact/Coordinator: Name: Carmen Delgado Address: PO Box 6161, Delray Beach, FL 33482 Telephone Number: 561.265.3797, XI02 E-mail Address: cdelgado@avda-fl.com Cellular Number: None Event DescriDtion/PurDose: SK Run/Walk for families. Event will have exhibits from healthcare and wellness groups and will include a Kids' Area complete with games. All refreshments, including water, juice and bagels will be provided at no cost. The purpose is to raise funds to continue providing crisis counseling, meals, comprehensive case management and other services to homeless battered adults and children. Sponsor Category (please check) City _ Non-Profit/Charitable! Private _ Co-Sponsor - Non-Profit/Private _ (If Non-profit attach proof of 501 c(3) or (d)) Event Location (Describe area boundaries of event/location): Anchor Park northbound and southbound on AlA roadway. Walkers/runners would gather at Anchor Park and travel northbound on AlA roadway to George Bush Blvd., tum around and continue walking southbound on AlA roadway, retuming to Anchor Park. This would require AlA be closed from Anchor Park to George Bush Blvd. from 7:30 am -9:30 am. Site plan attached yes X (Site plan required for entire event site) no Event budget attached yes X (Required for all events) Serving or selling alcoholic beverages yes no X (If yes, copy of license and a/coho/liability insurance required two (2) weeks prior to event) no 1 Event certificate of insurance attached (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music (Waiver required) Radio Station Requesting Police assistance (traffic control/security) * volunteers yes no X-will provide yes X no yes X * no Will supplement with private security (If yes, need plan attached) yes no X Requesting Emergency Medical assistance yes Requesting barricade assistance no X yes X no Requesting trash removal/clean up assistance yes Requesting trash boxes and liners no X Requesting stage use (If yes, check type) Large stage covered _ Large stage no cover _ Small stage _ X_ Half small stage _ yes X yes X no no Requesting signage yes no X Type: Event sign Directional signs Banner hanging Indicate dates required (Waiver required if more than one (1) week prior to event) Food and beverage vendors If yes, approximate number Health Department approval Other vendors (Exhibitors only) yes no X no X yes yes no X Tents yes no X (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes no X (If yes, type and location and copy of liability insurance required) Will the event be gated (Show on-site map) yes no X 2 Will there be fireworks or other pyrotechnics (If yes, contact Fire Marshall) yes no X Will there be cooking with compressed gas (If yes, contact Fire Marshall) yes no X Will you be providing port-a-Iets for the event yes no X (If yes, locate on-site map. If no, indicate how you will handle restroom needs) We will use public facilities at Anchor Park Will there be a charge for the event (If yes, yes indicate ticket prices) no x Is reserved parking requested yes X (If yes, indicate locations) Anchor Park meter fee waived 6:00 am - 12:00 noon and Sandoway Park from 7:00 am -11:00. Addl. parking will be on A1A. Event Contractor/Coordinator Please print: Carmen Delgado no Date: November 30,2004 Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use OnlJ1./ f-J JI ~ W Date Received ø2 ( V7 Application fee received :;)V · Site map Budget ,/ Certificate of insurance Hold Harmless agreement. ./ Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter V'" Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 --~_.......... . I' . . . =:..::.... /2-/,1)/D'-I 03/28/2005 05:25 5512552102 AVDA PAGE 03 Aid to Victims of Domestic Abuse, Inc. COMMUNITY OF HOPE 5K RUNlWALK REVENUE l' ',' '1 -' . - ," .' - ,I·.... J'. : (' " , . ' " , ' . ' . . ' " )' ~ Adual In-Klnd Sponsorship. Gofd Sponsor Silver Sponsors (4) Bronze Sponsors (6) Hope SponSOtS (10) TotaI.8ponsolShipS-- .______ _ .- _ $10.000.00 $6.000.00 $5.000.00 _ SZt,QOfUKt_ _ ___ ___ ._____.lI.ØJ__ _~.. ___ .-'Z1...~_______.__________ Participant Donations: Anticipating ZOO Participants CotpJOrg. Teams $2,500.00 School Teams $2,500.00 Indlvlduats $3,500.00 Total Participant Donations Miscellaneous Donations No Sweat Donations General Donations Total Miscellaneous Donations TOTAL REVENues '1,800.00 $0.00 $a,IOO.DO $500.00 $250.00 $760.00 $0.00 $7&0.00 $30.210.00 EXPENSES Beverages & Ice DecoratIons FirelRescue Food Miscellaneous Postage City Services Printing - Registration Fonn Printing - Signs Printing - Tablets Trophies/Awards TOTAL EXPENSES $0.00 '150.00 $300.00 $0.00 $200.00 $350.00 $600.00 $0.00 $205.00 $1,250.00 $225.00 $3.280.00 TOTAL INCOME LESS EXPENSES (Includes In-Kind Sponsorships) $26,'70.00 1 ---' NET INCOME (Exaudes In-KJnd Sponsorships) $K,t70.GO 1:20 PM Internal Revenue Service . Department of the Treasury P. o. Box 2508 Cincinnati. OH 45201 ,~ Person to Contact: Ms. Smith #31-07262 Contact Representative Toll Free Telephone Number: 1:00 &ØL to 1:30 p.m. EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 59-2486620 Date: August 25, 2003 Aid to Victims of Domestic Abuse, Inc. P.O. Box 667 Celray Beach, FL 33447-0667 Dear Sir or Madam: This is in response to your request of August 25, 2003 regarding your organization's tax-exempt status. In July 1985 we issued a determination letter that recognized your organization as exempt from federal incÖmé" tax. Our records indicate that your organization is currently exempt under section 501 (c X3) of the Internal Revenue Code. Based on information subsequently submitted, we classified your organization as one that is not a pñvate foundation within the meaning of section 509(a) of the Code because it is an organization described in section(s) 509{a){1) and 170{b){1)(a){vi). This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations. or purposes have changed. please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax. only if its gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day. up to a maximum of $10,000. when a return is filed late. unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other federal excise taxes. Jonors may deduct contributions to your organization as provided in se<;tion 170 of the Code. Bequests. egacies. devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift :ax purposes if they meet the applicable provisions of sections 2055.2106. and 2522 of the Code. t -2- /-- Aid to Victims of Domestic Abuse, Inc. 59-2486620 Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated business income under section 511 of the Code. If your organization is subject to this tax. it must file an income tax return on the Form 990- T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your organization's present or proposed activities are unrelated trade or business as defined in section 513 of the Code. Section 6104 of the Internal Revenue Code requires you to make your organization's annual return available for public inspection without charge for three years after the due date of the return. The law also requires organizations that received recognition of exemption on July 15. 1987. or later, to make avaJlable for public inspection a copy of the exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. Organizations that received recognition of exemption before July 15, 1987. and had a copy of their exemption application on July 15, 1987, are also required to make available for public inspection a copy of the exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. For additional information on disclosure requirements, please refer to Internal Revenue Bulletin 1999 -17. . . Because this letter could help resolve any questions about your organization's exempt status and foundation status, you should keep it with the organization's permanent records. If you have any questions, please call us at the telephone number shown in the heading of this letter. This letter affirms your organization's exempt status. Sincerely. ç}~¿~ John E. Ricketts, Director, TElGE Customer Account Services MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER p¡v1 AGENDA ITEM # 15 N - REGULAR MEETING OF APRIL 5. 2005 CONSULTING AGREEMENT /JEG ASSOCIATES, INC. APRIL 1, 2005 TO: SUBJECT: DATE: This is before Commission to approve a consulting agreement with JEG 4ssociates, Inc. in the amount of $70,000.00 for services associated with the implementation of the Southwest Area Neighborhood Plan. The Community Redevelopment Agency (CRA) will fund $40,000.00 with the remaining balance of $30,000.00 to be funded from year two of the MacArthur Grant. Recommend approval of the consulting agreement with JEG Associates, Inc. for services associated with the implementation of the Southwest Area Neighborhood Plan. S:\Gty Clerk\agenda memos\JEG Agmt. 04 0505 4. Term. This Agreement shall commence on March 1, 2005 and shall expire one (1) year from the date of execution of the agreement. This Agreement may be terminated by either party with thirty (30) days advanced written notice. 5. Compensation. During the term of this Agreement, the Consultant shall be paid a total amount of Seventy Thousand Dollars ($70,000.00). Consultant shall be paid a lump sum of Twenty-one Thousand Dollars ($21,000.00) within thirty (30) days of execution of this Agreement as a mobilization fee. The balance of Forty-Nine Thousand Dollars ($49,000.00) shall be paid in eleven (11) equal monthly payments during the effective date of this Agreement, payable upon Consultant's submission of an invoice to the City. If the Agreement is terminated, the City shall only be responsible to compensate Consultant for fees billed up to the date of termination. Of the Seventy Thousand Dollars ($70,000.00) to be paid to Consultant, the City shall be responsible for Thirty Thousand Dollars ($30,000.00) and the CRA shall pay the City the remaining Forty Thousand Dollars ($40,000.00) by separate agreement (attached hereto as Exhibit "1") in order to help pay for the second year of services offered by JEG Associates, Inc. 6. Relationship of the Parties. The parties intend that the Consultant, performing services specified in this Agreement, shall act as an independent contractor and shall not be deemed an agent, legal representative, joint venturer, partner, employee or servant of the City for any purpose. Consultant shall have sole control of the work and the manner which it is performed. Consultant shall be free to contract for similar services to be performed for other entities or persons while under contract with 4}GÞS- ~ck.. 3 ~~~ Ç>~3~ 6\ ~-\\t\ct-~;:I~ ð~ ~ [IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE DELRA Y BEACH baIi AJoAMlca City ~ II ,!, 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090· FACSIMILE 561/278-4755 Writer's Direct Line 561/243-7090 MEMORANDUM DATE: March 22, 2005 TO: City Commission David T. Harden, City Manager FROM: Terrill Barton, Assistant City Attorney ¡)~ SUBJECT: Agreement with JEG Associates, Inc. Attached please find an Agreement between the City and JEG Associates, Inc. This agreement provides that Joe Gray will provide his consulting services to the City and the CRA with regards to the implementation of the Southwest Neighborhood Redevelopment Plan and, in return, Joe Gray will be paid a total amount of $70,000.00 with $21,000.00 to be paid up front as a mobilization fee and the remaining $59,000.00 to be paid in 11 equal monthly installments as the work is completed. Also, referenced by the Agreement, and attached thereto as Exhibit 1, is a separate, Interlocal Agreement between the City and the CRA whereby the CRA has agreed to fund $40,000.00 of the $70,000.00 total to be paid to JEG for Joe Gray's Services. Please place these two (2) agreements (Agreement and Exhibit 1) on the next available City Commission agenda for consideration. Thank you. TCB: tb Attachment cc: Diane Colonna, Director of the CRA Lula Butler, Director of Community Improvement Chevelle Nubin, City Clerk CONSULTING AGREEMENT BETWEEN THE CITY OF DELRA Y BEACH AND JEG ASSOCIATES, INC. THIS AGREEMENT is made thiS~ay of ~~~ , 2005 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "City") and JEG ASSOCIATES, INC. (hereinafter referred to as "Consultant"). WIT N E SSE T H: WHEREAS, the City is committed to the economic development of the City of Delray Beach, which is enhanced by the development of neighborhood plans; and WHEREAS, the City and Consultant are desirous to enter into a consulting agreement wherein Consultant will provide professional consulting services and assist with the implementation of the Southwest Neighborhood Plan; and WHEREAS, the CRA shall provide payment to the City, by a separate agreement (attached hereto as Exhibit "1 ") in order to assist the City with financing the services of Consultant. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Performance. The Consultant shall perform all services with the highest level of professional skill and competence and shall complete all services in an efficient and timely manner. 3. Duties. Consultant's duties are as follows: (a) Consultant shall provide consulting services which shall include, but not be limited to the following tasks: 1. Provide information updates and technical support related to SWNRP projects and issues to WATT and other neighborhood and community organizations. 2. Provide technical support related to organization planning, operations and capacity building to WATT. 3. Facilitate community meetings, workshops, and presentations related to SWNRP projects, plans and issues. 4. Publish quarterly WATT newsletter. 5. Assist in planning and implementation of SWNRP public relations projects and events. 6. Coordinate organization of Delray Beach CL T in accordance with plan established by Burlington Assoc. 7. Coordinate planning, design, and construction activities for the following projects: S.W. 15th Avenue parks/greenway; Bi-Lo/9th Avenue Workforce Housing/Mixed Use development; Assist with land acquisitions on as-needed basis. The Consultant also agrees to perform and accomplish the required tasks within the timeframes outlined in the Scope of Services attached as Exhibit "An to Exhibit "1" of this Agreement. b. Additional services may be agreed upon, in writing, from time to time. 2 4. Term. This Agreement shall commence on March 1, 2005 and shall expire one (1) year from the date of execution of the agreement. This Agreement may be terminated by either party with thirty (30) days advanced written notice. 5. Compensation. During the term of this Agreement, the Consultant shall be paid a total amount of Seventy Thousand Dollars ($70,OOO.00). Consultant shall be paid a lump sum of Twenty-one Thousand Dollars ($21,000.00) within thirty (30) days of execution of this Agreement as a mobilization fee. The balance of Fifty-Nine Thousand Dollars ($59,000.00) shall be paid in eleven (11) equal monthly payments during the effective date of this Agreement, payable upon Consultant's submission of an invoice to the City. If the Agreement is terminated, the City shall only be responsible to compensate Consultant for fees billed up to the date of termination. Of the Seventy Thousand Dollars ($70,000.00) to be paid to Consultant, the City shall be responsible for Thirty Thousand Dollars ($30,OOO.00) and the CRA shall pay the City the remaining Forty Thousand Dollars ($40,000.00) by separate agreement (attached hereto as Exhibit "1") in order to help pay for the second year of services offered by JEG Associates, Inc. 6. Relationship of the Parties. The parties intend that the Consultant, performing services specified in this Agreement, shall act as an independent contractor and shall not be deemed an agent, legal representative, joint venturer, partner, employee or servant of the City for any purpose. Consultant shall have sole control of the work and the manner which it is performed. Consultant shall be free to contract for similar services to be performed for other entities or persons while under contract with 3 the City. Consultant is not entitled to participate in any pension plans or other benefits provided by the City. 7. Compliance with Law. Consultant shall comply with all applicable laws, rules and regulations, including, but not limited to applicable worker's compensation, employer liability, Fair Labor Standards Act, and other federal, state, county and municipal laws, ordinances, rules and regulations, as may be applicable. 8. Taxes. Consultant shall be responsible for all federal, state or local taxes of any kind which Consultant now or hereafter shall be liable for or required to pay either on its own behalf, on behalf of his employees, or on behalf of the City or otherwise, and shall pay all penalties and interest thereon. 9. Assianment. This Agreement is a personal service contact. An assignment of the duties to be provided under this Agreement shall require the prior written consent of the City. 10. Indemnification. Consultant shall indemnify, defend and save the City, its officers, employees and agents harmless from any and all taxes, penalties and interest, that is claimed to be due, and claims, liability, and causes of action arising out of the willful, intentional or negligent performance of the duties covered by this Agreement by Consultant or his officers, agents or employees, and Consultant shall pay all claims and losses in connection with the performance of this contract, including taxes, interest and penalties including, but not limited to, all costs, judgments and attorney's fees at the trial or appellate levels. 4 11. Notices. All notices shall be effective when mailed at the following addresses: JEG Associates, Inc.: Joe Gray, President 5702 Normire Drive Orlando,FL 32839 City of Delray Beach: David Harden, City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 12. Governlna Law: Venue. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida 13. Non-Discrimination. Consultant shall not discriminate on the basis of age, religion, race, sex, marital status or handicap in the performance of this Agreement. 14. Non-Exclusive. The provision of the services provided for herein is non- exclusive. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City desires to do so. 15. Entire Aareement: Modifications. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions or previous writings between the partied. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and duly execute by the parties. 5 IN WITNESS WHEREOF. the parties have heretofore set their hands and seals on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jeff Perlman. Mayor Approved as to Form: City Attorney STATE OF FLORIDA COUNTY OF W rn BeCl Ch The foregoing instrument was acknowledged before me this :2:2.. day of V'()~ . 2005 by ,) O:")~ ,Jh ~(0 (name of officer or agent, title of officer or agent) of ,.) E G A~r\( j ~ (name of corporation acknowledging). a F\oñd 0.-. (state or place of incorporation) corporation, on behalf of the corporation. &:iè/She is. personally known to m~ or has produced (type of identification) as identification. ~ ~\.,:.., Nota ublic - State of Florida ~~~'~" Juliana M Steele :'#'.::..:. .:. .~-::. Commission #DD341329 ~;.~.;J Expires: Sep OS, 2008 ";~ô;;\.~" ~ncled}1uu "'/f,II' Atlantic Boudin¡ Co., IDe. 6 EXHIBIT "1" INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE COMMUNITY REDEVELOPMENT AGENCY THIS INTERLOCAL AGREEMENT is made this \O....\A-day of ~, 2005 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("City") and the COMMUNITY REDEVELOPMENT AGENCY, a community redevelopment agency created pursuant to Fla. Statute, Chapter 163, ("CRA"). WIT N E SSE T H: WHEREAS, the City and the CRA are committed to the economic development of the City of Delray Beach, which is enhanced by the development of neighborhood plans; and WHEREAS, the City has entered into an agreement with JEG Associates Inc. regarding the implementation of the Southwest Neighborhood Plan; and WHEREAS, the CRA shall provide payment to the City regarding the agreement between the City and JEG Associates, Inc., as set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Payments. The CRA shall pay to the City forty thousand dollars ($40,000.00) within seven (7) business days of the City's request for payment. This money shall be used by the City to help pay for the second year of services offered by JEG Associates, Inc. 3. The CRA's contributions shall be used by the City to fund the payment to JEG Associates, Inc., regarding the items that JEG shall perform relating to the implementation of the Southwest Neighborhood Plan and the Community Redevelopment Plan. (See Exhibit "A", JEG Associates, Inc. Scope of Services). 4. This Agreement shall not be effective until signed by the parties to this Agreement. 5. This Agreement constitutes the entire Agreement between the parties. To be effective, any modifications shall be in writing and signed by the parties. and signed by persons with authority to bind the parties. 6. Upon full execution of this Agreement, this Agreement (less attachments) shall be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Form: City Attorney STATE OF FLORIDA COUNTY OF -Ru m ßt'r. ( t") The foregoing instrument was acknowledged before me this ..22... day of ~ ,2005 by Ho......)f>.N-i £\\\~LÁ)rdh (name of officer or agent, title of officer or agent) of ~'f~ .i)eCAcn. (IU\ (name of corporation acknowledgmg), a Flc."v\c1CA-.... (state ci' ce of incorporation) corporation, on behalf of the corporation. c8)1She is personal! e or has produced (type of identification as identification. cr Af>. rY\ -0':1. i · b Notary Public - State of Florida "'"'''' Juliana M. Steele ~~.~~ eo.-i-inA#OO341329 ~*: ~.:*~ Expires:.J:r- 05, 2008 ~~...~~.: .TIn 1øC "';'FOf~": .......,. BoødiÐ& Co., . '""", ~ 2 Exhibit "A" JEG Associates. Inc. - ScoDe of Services JEG Urban Planning Associates. Inc. shall provide consulting services which shall include, but not be limited to the fOllowing tasks and which shall be completed within the specified timeframes: TASKS OUTCOMES TIMEFRAME Provide information updates and technical Enhanced stakeholder MONTHL Y/AS support related to SWNRP projects and issues knowledge of plans, REQUESTED to WAIT and other neighborhood and community projects and activities. organizations. Active grassroots participation in Provide technical support related to organization neighborhood and planning, operations and capacity building to community civic AS WAIT activities. REQUESTED Facilitate community meetings, workshops, and Enhanced stakeholder presentations, related to SWNRP projects, plans, knowledge of plans, QUARTERL Y/AS and issues. projects and activities. REQUESTED Publish quarterly WAIT newsletter Enhanced stakeholder QUARTERL Y knowledge of plans, projects and activities. Assist in planning and implementation of SWNRP Increased community public relations projects and events. awareness of SWNRP AS oroiect milestones. REQUESTED Formation of CL T operations plan and . Coordinate organization of Delray Beach CL T in governance structure-- accordance with plan established by Burlington CL T staffed and Assoc. ooerational 8 MONTHS Coordinate planning, design, and, construction Projects will be TBD for activities for the following projects: SW 15th compatible with individual Avenue parks/greenway; Bi-Lol 9th Avenue SWNRP concepts and projects Workforce Housing,/Mixed-Use development; priorities. Projects will Assist with land acquisitions on as-needed basis. be completed on time and within budget 3 MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER ø-zl AGENDA ITEM # <6'0 - REGULAR MEETING OF APRIL 5.2005 SERVICE AUTHORIZATION #03/SPATIAL FOCUS. INC.lMAP SERVER FROM: SUBJECT: DATE: APRIL 1, 2005 This is before the Commission to approve Service Authorization No. 03 to Spatial Focus, Inc. in the amount of $15,150.00 for the installation of the Map Server, development of an address quality control procedure, and assistance with migrating data to the new Map Server. Funding is available from 448-5411-538-31.90 (Storm Water Utility Fund/Other Professional Services). Recommend approval of Service Authorization No. 03 to Spatial Focus, Inc. in the amount of $15,150.00 for the installation and implementation of the Map Server. S:\Clty Clerk\agenda memos\SeJ'11JceAuth.#03 SpatJal Focus, Inc. Map Server ProJect 04 05 05 City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M TO: FROM: David T. Harden, City Manager Randal L. Krejcarek, P.E., City Engineer ()~ DATE: 15 Mar 2005 SUBJECT: Install and Implementation of Map Server Project # 2005-032 Service Authorization #03 with Spatial Focus, Inc. The attached agenda item is for Commission approval/authorization for Mayor to sign service authorization number 03 with Spatial Focus, Inc. In summary, this service authorization provides the following: 1. Technical assistance leading to the completion of installation and implementation of Map Server. This task is contained in Task 2 of the Delray Beach Strategic Plan. The map server will allow users to quickly process requests for maps utilizing GIS data 2. Deployment of an address quality control procedure, which will include documentation of current addressing process and the creation of an address repository on the new server. The address repository will be a means to access real time address data without compromising the Integrity of the address data. 3. Provide assistance with the migration and organization of existing data on the new server. The cost of this service authorization is $15,150.00. Funding is provided from 448-5411-538.31.90. Please place this agenda item on the 05 Apr 2005 Commission Agenda. Thank you! enc cc. Richard Hasko, P E , Director of Env Svcs. Joseph Safford, Finance Director file S IEngAdmmlProjects\2005\2005-032\CONTRACT\2005-04-05 agenda memo doc CONSULTING SERVICES AUTHORIZATION DATE: February 24.2005 SERVICE AUTHORIZATION NO. : FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 448-5411-538.31-30 TITLE: Install and Implement Map Server This Service Authorization shall be incorporated in and shall become an integral part of the contract. Title: Install and Implement Map Server 1. PROJECT DESCRIPTION: Spatial Focus will provide technical assistance leading to the completion of Delray Beach GIS Strategic Plan, Task 2. The Installation and Implementation of a Map Server. This will result in the deployment of a basic GIS mapping application to all computer users citywide. Technical services shall also include assistance in the creation and implementation of the city's Address Repository. Delray Beach Strategic Plan, Task 3 and the Delray Beach Address Plan. II. SCOPE OF SERVICES: The scope of services is described in the attached proposal. It includes linking city addresses with parcel maps provided by the county. Initializing the Quality Control Process of existing address data. Working with Sandy Roberts to formulate and document address assignment processes appropriate for the digital government. Checking and final configuration of the GIS server and software pertaining to the deployment of the GIS mapping application. The transfer and organization of existing data to the GIS server. Onsite training of the GIS coordinator shall include editing and maintaining the GIS mapping software applications. III. BUDGET This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH Date Jeff Perlman Mayor Attest Approved as to Legal Sufficiency and Form County CONSULTANT: Spatial Focus. Inc. Date~ 1, 2005 By: ~-" Martha Lombard Treasurer ./ Seal Witness: Witness c-......, 'J J/~ Attest: ---- ._~_ '-'- f)~' "-(:: '" ,'-':'i'->"'-, ,) 'J BEFORE ME, the foregoing ins1rument, this 1 st day of March I 2005, was acknowledged by Martha Lombard on behalf of the Corporation Spatial Focus, Inc., and said person executed the same freely and voluntarily for the purpose there- in expressed Witness my hand and seal in the and State aforesaid this \ l\}~ day of "n\c.,.L \.-,2005. Notary Public State of Alabama My Commission Expires: \C"Þ - ð L"¿' GIS UPDATE Bob Mickla and I have been meeting regularly with Guy and Ed from MIS to discuss and plan the development of the city's GIS system. Early this fiscal year we estimated the progress of the system and data development for the next 5 years. One of our recent goals was to begin the Quality Control (QA/QC) of the city's address data and document the procedures of assignment and maintenance for digital government. The address data is the key component in the building of our GIS system. Through the guidance of our consultant Bob began preparing a map linked to the address data that would have been used during QA/QC. The person checking the data would then look at the accuracy/completeness of the addresses and do a required geographic verification using the map. During the process of preparing the map; there were software and data connectivity issues, and a PC needed upgrading. Due to the connectivity problems our GIS software was having with the HTE, we had to create a static copy of the address data to complete the QA/QC preparation. It was during this time that the opportunity to obtain and install a GIS server, sooner than anticipated, came to fruition. Thus, the QA/QC process could then be done with real-time connectivity to the address data. This is a more desirable approach than originally planned. The decision to wait on the QA/QC of address data was made because MIS estimated getting the GIS server online early this year. At the present time the dedicated GIS server is online and ready to accept data and GIS applications. Bob, along with assistance from our GIS consultant, has prepared a proposal for the return of Spatial Focus to further advance the implementation of our system. This project will include the final configuration of the server and software, migration and organization of existing tabular & graphic data, assistance to begin the address data QA/QC, documentation of addressing processes for digital government, and the completion of the Delray Beach GIS Strategic Plan Task 2. Strategic Plan Task 2 is the installation and implementation of a "map server". The map server is actually software that is installed on a physical GIS server. The combination (physical sever and software) may be referred to as an "Internet Map Server". Internet map server creates map images, these images are snapshots of live data. The map server processes the users request for a map and presents a picture of the results. Map servers are usually thought of in "query" mode, with layers that can be turned on and off and objects that can return information with a mouse click. Map users want to use maps, not make them. A mapmaking interface is used to provide a friendly way for the users to generate these map requests. Using map server to automatically generate those products can leverage the City's investment in geographic data, minimize the requirement for "GIS wizards" and limit the number of user interfaces to be built. Unified City web sites can use these images at will. The end result will be the citywide deployment of a basic GIS mapping application on our local intranet. This application was tested on our consultant's server and limited access was provided to users in the city over the internet. A few employees in Environmental Services and Finance have already utilized this application in their work process in recent months. The GIS Committee and the GIS coordinator will meet for discussion and a demonstration of this application sometime prior to making it available on networked pc's. Thanks! Randal L. Krejcarek, P. E. Date: 15 Mar 2005 AGENDA ITEM NUMBER: 00 o AGENDA REQUEST Request to be placed on: ~Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 05 Apr 2005 Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to execute authorization number 03 with Spatial Focus, Inc. This service authorization provides assistance with installing map server, development of an address quality control procedure and assistance with migrating data to new map server. The cost of this service authorization is $15,150.00. Funding is provided from 448-5411-538.31.90. Staff Recommendation: Appro~ ----¡;- Department Head Signatnre: ~L ~ ~ 3. Z-,. u5 City Attorney Review/Recommendation (if applicable): Budget Director Review ~d on all ite~s involving expenditure of funds): Funding Available: Yes 0 Initials: {Jtt Account Number 448-5411-538-31.90 Description Other Professional Services Account Balance: . Ît\a S $15,150.00 (after attached transfer) ,- 'þud~t.( _AP.hlt-A +tiU1S,-h r Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: G1 No Initials: Hold Until: f7JV\ {/ \ Agenda Coordinator Review: Received: S. \EngAdmm \ProJects \2005\2005-032\CONTRACT\2005-04-05 agenda. doc MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER óJ1 AGENDA ITEM # 8 ? - REGULAR MEETING OF APRIL 5. 2005 CHANGE ORDER NO. 2/FINAL PAYMENT/ALMAZAN BROTHERS. INC. TO: FROM: DATE: APRIL 1, 2005 This is before the Commission to approve Change Order No.2 in the amount of $17,342.97 and final payment in the amount of $37,043.89 to Almazan Brothers, Inc. for the Alley at Ocean City Lumber, Block 84 & Dixie Highway at S.E. 10th Street Project. Funding IS available from 448-5461-538-65.77 (Stormwater Utility Fund/Old Dixie Highway) and 442-5178-536-63.51 (Water/Sewer Renewal and Replacement Fund/Sewer Mains). Recommend approval of Change Order No.2 and final payment to Almazan Brothers, Inc. for the Alley at Ocean City Lumber, Block 84 Project. S:\Clty Clerk\agenda memos\Change Order 2 Fmal Almazan Bras 040505 City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www my del ray beach com TO: David Harden, City Manager FROM: Victor Majtenyi, Construction Manager SUBJECT: ALLEY AT OCEAN CITY LUMBER, BLOCK 84 & DIXIE HIGHWAY / S.E. 10TH STREET, (PIN 2002-042, 2003-048) Agenda Request; Change Order #2/Final, Final Payment DATE: March 25,2005 Attached for Commission approval is an agenda request for closeout Change Order #2/Final to Almazan Brothers, Inc. on the Alley at Ocean City Lumber, Block 84 & Dixie Highway at S.E. 10th Street project, PN 2002-042/2003-048. It is for the final pluslminus quantity adjustments and miscellaneous changes to the original contract. Change Order #2/Final is in the net add amount of $17,342.97. The items in this change order are detailed on Schedule A, items 25.1.1 through 25.2.3, attached to change order #2/Final.These items were due to unforeseen underground conditions, and the necessity to replace the old existing sewer in the Alley at Ocean City Lumber. A request is also made for final payment in the amount of$37,043.89 to Almazan Brothers, Inc. A Contractor Evaluation form is attached for your review. Staff recommends approval of Change Order #2/Final in the add amount of $17,342.97 and final payment in the amount of $37,043.89 to Almazan Brothers, Inc. Funding is available from accounts 448-5461-538-65.77 (Storm Water Utility Fundi Old Dixie - south of SE 10th Street) in the amount of $9,329.77, and 442-5178-536-63.51 (Water and Sewer R & R Fundi Sewer Mains) in the amount of$8,013.20. CC: Richard Hasko; Director of ESD Randal KreJcarek, City Engineer Rafael Ballestero, Dep Dir of Construction City Clerk's Office Agenda File 04/05/05 Project File 2002-042(A) S \EngAdmm\ProJects\2002\2002-042\CONSTRClìC02 Fm Almazan AgMemo 04 05 05 doc CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2/Final PROJECT NO. 02-042 DATE: PROJECT TITLE' Alley @ Ocean City Lumber, Block 84 and Dixie Highway @ SE 10th Street TO CONTRACTOR: Almazan Brothers, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION Complete changes to project per the attached schedule "AI>. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PERCENT INCREASE THIS CHANGE ORDER 12.l% TOT AL PERCENT INCREASE TO DATE 21.6% TOT AL CONTRACT TIME WILL BE INCREASE BY 0 DAYS. $143,508.00 $13.62400 SI57,13200 SI7.342.97 $174,474.97 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Almazan Brothers, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account 448-5461-538-6577 ($9,329.77) and 442-5178-536-63.51 ($8,01320). DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor APPROVED: ATTEST: By: City Attorney City Clerk S \EngAdmm\ProJects\2002\2002-042\CONSTRCnC02 Fnl Doc Almazan -04 05 05 doc City of Delray Beach Alley @ Ocean City Lumber Blk.84 Dixie Highway I SE 10th Street Project # 2002-42 2003-048 Schedule A Change Order #2/Final Almazan Brother's, Inc. Contract Award Contract to Date EST. U~IT ACT. U:'ìIT ITE\-1 DESCRIPTIO:'\! t:NIT QTY PRICE TOTAL PRICE QTY PRICE TOTAL PRICE I MobilizatIon LS J S 12.000 00 $12.00000 1 $12,00000 S12.000 00 2 Maintenance of Traffic LS 1 S 1 0,000 00 $10.000 00 1 $10,00000 S10,000 00 3 Cleanng & Grubbing LS 1 S 12,00000 $12.00000 1 $12.00000 S12.000 00 4 Concrete curb and gutter FDOT tVDe "F" LF 10 540 00 S400 00 0 $40 00 $000 5 Concrete curb and gutter FDOT tVDe "E" LF 140 540 00 S5,600 00 137 $40 00 $5,48000 6 18" RCP dralnaoe DlDe LF 596 S50 00 S29.800 00 576 $50 00 528.800 00 7 12" C-900 PVC drainage DlDe LF 92 S45 00 S4.140 00 145 545 00 $6.525 00 8 Manhole I 1\0 576 BH - ORS COATED EA 3 $2,40000 $7.200 00 3 S2,400 00 $7,20000 9 TVDe "C" 1nletlUSF 6212 EA 3 $1,80000 S5.400 00 3 SI,800 00 $5.400 00 10 6" DIP Water Main LF 230 540 00 $9.200 00 236 $40 00 $9.44000 11 8"X 6" T S & Valve EA 2 S4,800 00 $9,60000 2 $4,80000 $9,60000 12 6" Gate Valve EA 2 SI,OOO 00 $2,000 00 2 $1.000 00 $2,000 00 13 6" Pig Wve EA 2 SI,OOO 00 $2,000 00 2 $1,00000 $2.000 00 14 SamDle POint EA 2 S400 00 $800 00 2 $400 00 $800 00 15 Single Water Service EA 1 52,000 00 $2,000 00 3 $2,000 00 S6,000 00 16 Double Water Service EA 2 52.200 00 $4,400 00 2 $ì ,200 00 S4,400 00 17 Connect to eXistIng strom structure EA 4 5600 00 $2,400 00 4 $600 00 52,40000 18 Asphalt Trench ReDalr LF 538 $20 00 $10,76000 537 520 00 $10,74000 19 Regrade & Resod SY 73 5700 551100 89 $700 5623 00 20 1 1/2" Asphalt SY 293 S700 52,051 00 460 $700 S3,220 00 21 8" Lime Rock Base SY 310 $10 00 S3,10000 460 SIO 00 S4,600 00 22 12" Stabilized Subgrade SY 327 5800 S2,61600 460 $800 53,68000 ?' 1" Overlay TON 8 $100 00 S800 00 0 5100 00 $000 _J 24 Remove and replace pavers breaks side walk SF 420 5600 S2,520 00 364 $600 S2.18400 25· Utility Allowance LS 1 $2.000 00 S2,000 00 0 S2,000 00 $000 26 Video Allowence LS 1 $200 00 S200 00 1 S?OO 00 S200 00 27 IndemnificatIon LS 1 $10 00 $1000 1 $1000 $1000 TOTAL Award $ 143,508.00 $ 149,302.00 · Mlscelleneous Changes 251 1 Sewer replacement, 8" C-900 pipe, 1861f LF 0 $8,31792 SO 00 1 S8,317 92 $8,31792 2512 Remove eXistIng clay sewer hne LS 0 $2,321 28 SO 00 I 52,321 28 $2,321 28 25 I 3 FittIngs LS 0 $2,18400 5000 1 $2,18400 $2,18400 2521 SE 10th St/DIXle Hw)', additIOnal asphalt stnplng LS 0 53,28977 5000 1 $3.28977 $3,289 77 2522 Alley. pot-holing/exploratIon and watermaln LS 0 S3,020 00 SO 00 1 $3,020 00 $3,020 00 conflict resolution (pipe deflectIon) 2523 SE 10th StlDlxle H\\)'. asphalt trench repair and LS 0 56,040 00 5000 1 $6,040 00 $6,04000 modification (additIonal thickness and width) TOTAL Changes $0.00 $25,172.97 TOTAL Changes $ 143,508.00 I s 174,474.97 I Contract Award Previously Approved Changes A ward to Date Contract to Date Change Order #2/ Final $143,50800 $13 ,624,00 $157,13200 $174,47497 $17,342.97 S \EngAdmm\Projects\2002\2002-042\CONSTRCT'QuantItIes Almazan xis Page 1 Agenda Item No. ~.p AGENDA REQUEST Date March 25. 2005 Request to be placed on: ---X--Regular Agenda _Special Agenda _Workshop Agenda When: April 5. 2005 Description of item (who, what, where, how much): Request for City Commission to approve Change Order #2/Final to Almazan Brothers, Inc. in the add amount of $17,342.97 on the Alley at Ocean City Lumber, Block 84 & Dixie Highway at S E. 10th Street proJect, PN 2002-042/2003-048 Change Order #2 is for plus/minus final quantity adjustments and miscellaneous changes to contract Items. In addition, a request is made for final payment in the amount of $37,043 89 The Items In this change order are detailed on Schedule A, items 25.1 1 through 252.3, attached to Change Order #2/Flnal. These Items were due to unforeseen underground conditions, and the need to replace the old eXisting sewer in the Alley at Ocean City Lumber Funding IS available from the following accounts' 448-5461-538-6577 (Storm Water Utility Fund/ Old DIxie-south of SE 10th Street) in the amount of $9,32977 and 442-5178-536-63 51 (Water and Sewer R & R Fund/ Sewer Mains) in the amount of $8,01320 ORDINANCE/RESOLUTION REQUIRED: Not required. Department head signature: Almazan Brothers, Inc. Recommendation: Staff recommends award of Chan e Ord 3."30- ~ 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 (see above) Funding alternatives (if applicable): Account No. & Description . Account Balance 01. /2. . City Manager Review: ~, Approved for agenda: ~I'IO Hold Until: t11 Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S'\EngAdmln\Projects\2002\2002-042\CONSTRCT\C02 Fin Almazan AgReq 04 05 05 doc MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITI MANAGER ~ AGENDA ITEM # zq CHANGE ORDER NO. ENGINEERING. INC. - REGULAR MEETING OF APRIL 5. 2005 I/FINAL PAYMENT /CONOUEST TO: SUBJECT: DATE: APRIL 1, 2005 This is before the Commission to approve Change Order No.1 in the amount of a $1,250.93 decrease, and final payment in the amount of $8,059.60 to Conquest Engineering, Inc. for the S.E. 7th Avenue Drainage Project. Funding is available from 448-5461-538-65.53 (Storm Water Utility Fund/S.E. 7th Avenue). Recommend approval of Change Order No.1 and final payment to Conquest Engineering, Inc. for the S.E. 7th Avenue Drainage Project. S:\Clty Clerk\agenda memos\Change Order 1 Fmal Conquest Engmeenng 040505 City Of Delray Beach Department of Environmental Services MEMORAN D u M www mydelraybeach com TO: ~ FROM: Victor Majte SUBJECT: S.E. 7 Tn AVENUE DRAINAGE IMPROVEMENTS, PN 2003-033 Agenda Request; Change Order #llFinal, Final Payment DATE: March 25, 2005 Attached for Commission approval is an agenda request for closeout Change Order #1/Final to Conquest Engineering, Inc. on the S.E. 7th Avenue Drainage Improvements project, PN 2003- 033. It is for the final plus/minus quantity adjustments and miscellaneous changes to the original contract. Change Order #l/Final is in the net deduct amount of $1,250.93. A request is also made for final payment in the amount of $8,059.60 to Conquest Engineering, Inc. A Contractor Evaluation form is attached for your review. Staff recommends approval of Change Order #1/Final in the deduct amount of $1,250.93 and final payment in the amount of SS,059.60 to Conquest Engineering, Inc. Residual funds will be liquidated from P.O.# 612395 to the following accounts; 448-5461-538-65.53 (Storm Water Utility Fund/ SE 7th Avenue) in the amount of$I,250.93. CC Richard Hasko, Director of ESD Randal KreJcarek. City Engmeer Rafael Ballestero. Dep Dlr of Construction City Clerk's Office Agenda File 04/05/05 Project File 2003-033(A) S \EngAdmm\ProJects\2003\2003-033\CONSTRClìCOl Fm Conquest AgMemo 04 05 05 doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. l/Final PROJECT NO. 2003-033 PROJECT TITLE: S.E. ih Avenue Drainage Improvements TO CONTRACTOR: Conquest Engineering, Inc. DATE: YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION Complete changes to project per the attached Schedule "An. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PERCENT DECREASE THIS CHANGE ORDER 0.7% TOTAL PERCENT DECREASE TO DATE 0.7 % TOTAL CONTRACT TIME WILL BE INCREASE BY 0 DAYS. S 162,252.87 S 0.00 S 162,252.87 S (1.250.93) $ 161,OO1.94 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Conquest Engineering, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding IS available from account 448-5461-538-6553 (-$1,250.93). DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: By: APPROVED: City Attorney City Clerk <; IFnpAcimmIPr01f'et,I?OO,I?OO,-O'nlrON<;TRrnrOI Fm ronm'f',t cioe -04 O~ O~ cioe City of Delray Beach S.E. 7th Avenue Drainage Improvements Project #2003-033 Change Order #1/Final Schedule A Conquest Engineering, Inc. Con tract Award Contract to Date EST. LNIT TOTAL PRICE ACT. ('1\ IT TOTAL PRICE DESCRIPTION UNIT QTY PRICE QTY PRICE I MobilizatIOn LS 1 $ 10,079 00 $ 10.079 00 I $ 10,079 00 $ 10,079 00 2 MalOtenance oftratTic LS 1 $ 20,12500 $ 20.12500 I $ 20,12500 $ 20,12500 3 Clearing & GrubblOg LS 1 $ 1,72500 $ 1.72500 1 $ 1,72500 $ 1,72500 4 Valley Gutter LF 286 $ 1375 $ 3,932 50 248 $ 1375 $ 3,41000 5 Concrete curb and gutter FDOT type "F" LF 344 $ 1490 $ 5.12560 460 $ 1490 $ 6,854 00 6 Pavement MarklOgs & Slgnage LS 1 $ 1.265 00 $ 1.265 00 I $ 1,26500 $ 1,26500 7 Sodded Swale LF 183 $ 550 $ 1,006 50 185 $ 550 $ 1.017 50 8 I 1/2" Asphalt SY 1871 $ 11 75 $ 21,98425 2058 $ 11 75 $ 24,18150 9 8" Llmerock Base SY 1944 $ 598 $ 11.625 12 1878 $ 598 $ 11,23044 10 12" Stabilized Subgrade SY 2018 $ 175 $ 3.531 50 2018 $ 175 $ 3,531 50 II Asphalt Drive Way Apron Replacement SY 387 $ 2070 $ 8,01090 268 $ 2070 $ 5,54760 12 Concrete Drive Wav Apron Replacement SF 1755 $ 5 18 $ 9.09090 1345 $ 5 18 $ 6,967 10 13 5' Wlde-4 Thick Concrete Sidewalk LF 226 $ 1410 $ 3,18660 353 $ 1410 $ 4,977 30 14 5'wlde 6" thick side walk LF 20 $ 3450 $ 690 00 21 $ 34 50 $ 724 50 15 15" TrapezOidal Slotted Dram PIPe AlumlOlzed Steel LF 460 $ 8550 $ 39.330 00 473 $ 8550 $ 40,441 50 16 15" RCP DralOage pIpe LF 70 $ 3000 $ 2.10000 76 $ 3000 $ 2,280 00 17 Tvpe "C" Inlet! USF 5130-6168 EA 3 $ 1,77400 $ 5,322 00 3 $ 1.77400 $ 5,322 00 18 86"x 48"Dog House Manhole wi USF 576 VH - ORS EA 1 $ 6.613 00 $ 6.613 00 1 $ 6,61300 $ 6,613 00 19* Utlltv allowance LS 1 $ 7,00000 $ 7,000 00 0 $ 7.00000 $ - 20 VIdeo allowance LS 1 $ 500 00 $ 500 00 1 $ 500 00 $ 500 00 21 Indemnlficallon LS 1 $ 1000 $ 10 00 1 $ 10 00 $ 10 00 TOTAL $162,252.87 $156,801.94 *Mlscellaneous Changes I 19 1 !conflict Boxes bUilt at sewer maIO conflIcts. 2ea TOTAL 1 LS I 01 $ 7,00000 I $000 061 $ 7,00000 1 $ 4,200 00 $0.00 I S 4,200.00 I $162,252.8711 $161,001.9411 Change Order #l/Final $162,252.87 $0.00 $162,252.87 $161,001.94 ($1,250.93) Contract A ward Previously Approved Changes A ward to Date Contract to Date S \EngAdmlO\ProJects\2003\2003-033\BUDGElì03033ESTl xIs Page 1 Agenda Item NO.~<i AGENDA REQUEST Request to be placed on: Date March 25. 2005 ---X--Regular Agenda _Special Agenda _Workshop Agenda When: April 5. 2005 Description of item (who, what, where, how much): Request for City Commission to approve Change Order #1/Final to Conquest Engineering, Inc. In the deduct amount of $1,250.93 on the S E Avenue Improvements project, PIN 2003-033. Change Order #1 is for plus/minus final quantity adjustments to contract items. In addition, a request is made for final payment In the amount of $8,059 60 The items in this change order are detailed on Schedule A attached to Change Order #1/Flnal. Residual funds will be liquidated from PO # 612395 to account 448-5461-538-65.53 (Storm Water Utility Fund/ SE th Avenue) in the amount of $1,250.93. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends award of Chan Department head signature: ent to Conquest Engineering, Inc S."Vf_ 0;' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (required on all items involving expenditure of fu Funding available: YES/NO see above -:3" Funding alternatives (if applicable): Account No. & Description Account Balance City Manager Review: £:.:¡ Approved for agenda: &,/NO Hold Until: tM Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S \EngAdmln\Proects\2003\2003-033\CONSTRCT\C01 Fin Conquest AgReq 04 05 05 doc MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER fJ711. AGENDA ITEM # <8 (Z. - REGULAR MEETING OF APRIL 5. 2005 SERVICE AUTHORIZATION NO. P-2/CH2M HILL, INC. TO: SUBJECT: DATE: APRIL 1, 2005 This is before the Commission to approve Service Authorization No. P-2 to CH2M Hill, Inc. in the amount of $58,300.00 for architectural and engineering services for the Pompey Park Facility Expansion Project. Funding is available from 380-4150-572-62.61 (2004 G.O. Bond/Parks & Recreation/Pompey Park Expansion). Recommend approval of Service Authorization No. P-2 to CH2M Hill, Inc. in the amount of $58,300.00 for the Pompey Park Facility Expansion Project. S:\c.ty Clerk\agenda memos\SA 4 CHZMHtIl 040505 City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M wt1-w. my del ray beach. com TO: David T. Harden, City Manager ~ FROM: Richard C. Hasko, P .E., Environmental Services Director SUBJECT: POMPEY PARK FACILITY EXPANSION DATE: March 30, 2005 Attached is a copy of a Service Authorization for CH2M Hill for the provision of Architectural and Engineering consulting services necessary for the implementation of the Pompey Park Building Expansion project included in the City's Parks & Recreation Bond Program. Project scope includes development of a proposed site plan and schematic building plans for the facility expansion which will address increasing the numbers and sizes of meeting rooms, ADA access and parking modifications, additional equipment and chemical storage, updating and improvements to existing interior facilities including sound deadening and updated media and projection equipment. Site pedestrian access and circulation will also be addressed. Schematic building plans will also include an estimate of probable cost, and will provide adequate materials for submittal to SPRAB for review. Public presentations of the expansion proposals will also be prepared as part of this scope. Subsequent to site plan approval, final construction plans and specifications will be prepared, and will be suitable for pennitting and bidding. The current budget figure for improvements to the Pompey Park Building is $500,000. The proposed contract time for completion of the described scope is five months with a total consulting fee for this proposal of $58,300. Funding is available in Parks & Rec Bond Account No. 380-4150-572-62.61, Pompey Park Expansion. Please place this on the April 5, 2005 agenda for consideration by City Commission. Cc: Joe Weldon, Parks & Recreation Director Randal Krejcarek, P .E., City Engineer Victo Majtenyi, Construction Manager Service Authorization No.p~to the Agreement to Furnish Professional Services Dated May 18, 2004, Between the City of Delray Beach, Florida and CH2M Hill, Inc. City P.O. Number: City Project Number Title: Pompey Park Building Expansion Category of Work: General Civil (Parks and Recreation) General This SERVICE AUTHORIZATION AMENDMENT shall modify the professional services agreement referenced above and shall become part of that AGREEMENT as if written therein full. Changes in the indicated Scope of Services will be subject to renegotiation and implemented through an Amendment to this agreement. Introduction The CITY of Delray Beach issued General Obligation Bonds to support numerous parks and recreational improvements. One project identified in the series of park projects is Pompey Park. In May thru July 2004 an assessment of Pompey Park needs were assembled with input resulting from interviews with elected officials, workshop meetings with citizens groups and City staff comments. Staff support the various recommendations made for improvements of the Pompey Park and Board action was taken on December 14, 2004 to adopt the recommendations with their ranking and priorities for subsequent staff action. Pompey Park includes approximately 17.5 acres with buildings of 22,500 sq ft. The existing building facilities include: offices, gymnasium with locker rooms and showers, auditorium with stage, kitchen facilities, indoor basketball court. The primary focus of the top ranked needs were: (1) Expand the existing building at Pompey Park in order to increase the number and/ or size of meeting facilities, office space and game or multipurpose rooms and storage; and (2) Upgrade the restrooms, kitchen facilities, auditorium lighting and sound system. Additionally, there is a desire to enclose the front entry patio area and relocate the existing TV area to the patio. To implement the various park improvements, CH2M HILL services are required to develop a proposed site plan to modify the existing building, obtain CITY staff approval, proceed through the CITY review process (Site Plan Review Approval Board - SPRAB) to obtain an approved site plan, design the facilities and improvements, develop specifications, prepare and submit for permits and provide technical assistance during competitive bidding. This service authorization provides a scope of work, budget and schedule for POMPEY _SCOPE_3-1 O-05_RSP preparing Construction Plans and Specifications for the building improvements, vertical and horizontal site component construction, upgrades to interior equipment, enhance the auditorium lighting and sound system, local CITY SPRAB approval process, and bidding services in support of the Pompey Park Building Improvements. Construction services will require a supplement to this authorization and will be negotiated after a construction contractor is selected. Scope of Services Task 1- Site Plan and Schematic Building Plan The CH2M HILL will develop a proposed site plan and schematic building plan to address building improvements to the Pompey Park building. The building improvements will include options for the following areas: · Increase number and/ or size of meeting/ activities, game or multipurpose rooms with appropriate sound deadening materials - to accommodate 25-30 occupants- approximately 1000 sq ft · ADA Access and parking area modifications to the west adjacent to the building additions · Upgrade existing facilities and equipment and provide for additional equipment storage for recreational purposes - 400 sq ft for football and 150 sq ft for baseball and 150 sq ft for chemical and maintenance supplies · Improvements to the existing interior facilities such as the kitchen and ADA accessible restrooms / lighting/ floors/showers · Updates to the auditorium partitions and walls to enhance sound deadening, lighting and sound system including media and projection equipment based on staff input Site and access improvements for pedestrian ease of access will be considered along with recommendations to improve the perimeter security fencing. The purpose of this analysis and review is to guide the selection of facilities that require improvements and to set priorities for the design phase. CH2M HILL will prepare a revised building site plan with color rendering for public display and submit it to the CITY for subsequent review and approval. CH2M HILL will meet with the CITY staff and identify key needs for the building room and area improvements and will develop preliminary room sketches with approximate areas to guide the development of the improvements. The purpose is to expand the number and size of meeting rooms, office space, game and multipurpose rooms. The size and conditions of the restrooms and the kitchen facilities are included in this project. Discussions with staff will include results of CH2M HILL review of the mechanical and electrical systems to allow building expansion and the needs for support system upgrades and changes to meet prevailing codes. There are several AC units that supply the building - these units support the gym, auditorium, lobby area and offices. (2-ton unit being replaced with a 10-ton unit). The electrical gear includes equipment dated March 1978. POMPEY _SCOPE_1-20-OS_RSP 2 Recommendations will include potential improvements to existing facilities that were previously determined to be "dark" and" dated" during the public input process. These areas include the hallways and restrooms. CH2M HILL will prepare an engineer's opinion of probable construction cost estimate for use by the CITY. CH2M HILL will prepare and participate in two public presentations to explain the proposed site plan and park features. The purpose of the presentations is to inform the citizens and adjacent neighbors and to gather input that may influence the final design for the Pompey Park Improvements. CITY staff and CH2M HILL will collaborate on the information gathered and the CITY will provide directions for the final facilities design. CH2M HILL will prepare and submit site plan information and drawings to the CITY for review under the SPRAB process. Refinements will be made to the site plan to secure final site plan approval by the CITY. Once the site plan receives final approval, CH2M HILL will initiate design to produce construction drawings and specifications (Task 2) to allow advertisement and competitive bidding. Task 2 - Design Based on the Approved Final Site Plan, CH2M HILL will develop design documents to include construction drawings and specifications for the Pompey Park Building Improvements. The site features will be designed to be consistent with existing CITY facilities to meet long term operations and maintenance requirements and will accommodate construction of proposed improvements with minimal interruption of daily activities ongoing at the facility. During the design phase, CH2M HILL will provide milestone submittals for CITY review purposes. These will include Design Drawings at the 30%, 60% and 90% complete stage, with technical specifications submitted at 60% and 90% completion. A complete set of Construction Plans and Technical Specifications will be provided to the CITY at 100% completion. CH2M HILL will provide an engineer's estimate of probable construction cost for the proposed facilities at the 60% submittal stage and a revised estimate at 90% to guide CITY decisions for budget purposes. Task 3 - Permitting CH2M HILL will assemble agency permits and supportive back-up for submittal to obtain necessary CITY building permits. CH2M HILL will assemble an NPDES permit for the site improvements. The CITY will pay all application fees. The task will include two responses to agency requests for additional information. Task 4 - Bid Phase Services Bid phase services will be provided by CH2M HILL include the following: Task 4.1· Bid Package Preparation CH2M HILL will prepare a Drawing and Specification's package for bidding purposes. CH2M HILL will produce one set of construction bid documents and a digital copy of the POMPEY _SCOPE_1-20-05_RSP 3 bid documents for the CITY to use to assemble the bid package of plans and technical specifications for distribution to prospective bidders. Task 4.2· Pre·Bid Meetings CH2M HILL will attend one Pre-Bid meeting and issue meeting minutes summarizing topics of discussion and responding to significant Bidder questions. Task 4.3· Technical Issues CH2M HILL will coordinate all communications with bidders on matters related to technical aspects of the Pompey Park Improvements. All correspondence on these matters will be copied to the CITY. Task 4.4· Addenda CH2M HILL will issue addenda, if required, based upon the questions of prospective bidders and the need to clarify the intent of the Contract Documents. The issuance of addenda will be accomplished by the CITY to assure that all prospective bidders on record with the CITY receive addenda information. Task 4.5 . Bid Review CH2M HILL will review the bids received for accuracy and completeness and prepare Bid Tabulation for review by the CITY. CH2M HILL will review Bid Documents of the apparent low bidder including payment and performance bond information, insurance information, and references. Based upon the above, CH2M HILL will issue a Recommendation of Award letter to the CITY. Task 4.6 . As Bid Documents CH2M HILL shall prepare one electronic set of "As Bid" Contract Document Specifications and Drawings, incorporating all Addenda for subsequent use by the CITY. Bid services will be considered complete upon CH2M HILL's review of the Bids, preparation of the Bid Tabulation and providing the electronic files for the "As-Bid" Contract Document Specifications and Drawings. Task 5 - Construction Services Construction and associated resident observation services shall be provided under a separate Service Authorization. Schedule CH2M HILL will commence work on the Scope of Services described herein upon receipt of a fully executed copy of this Specific Authorization from the CITY, which will serve as the notice to proceed. It is estimated that services described herein will be completed within 30 weeks from the date of notice to proceed. The following summarizes the proposed schedule. POMPEY _SCOPE_1-20-OS_RSP 4 Task Time of Completion (weeks from date of notice to proceed [NTP» Start Finish Task 1 - Site Plan/Schematic 1 8 Building Plan Task 2 - Design 8 20 Task 3 - Permitting 16 20 Task 4 - Bid Phase Services 18 TBD Assumptions This scope of services was based on the following assumptions: 1. The CITY will pay all agency review and permit application fees. 2. The CITY will provide CH2M HILL with base maps in an electronic file format to include topographic survey, boundary survey, record drawings for adjacent utilities - water, sewer and storm sewer facilities. 3. The CITY will provide copies of the building plans along with support facilities information such as electrical systems, HV AC and plumbing and mechanical systems that will assist CH2M HILL evaluate existing systems and their ability to support expanded building facilities. 4. The CITY will provide the front-end construction documents to be used for the bidding of the project. 5. The CITY will have made all bidding documents based on the CH2M HILL providing one original set of bidding plans and technical specifications. 6. The CITY will provide construction drawings and specifications to prospective bidders. 7. There are no exterior sport field or site recreational improvements or parking area or sports lighting to be designed for this facility in this authorization. 8. The Task schedule may vary continent on requirements of public input. Compensation to CH2M HILL Compensation for professional consulting engineering services as described herein is estimated at $58,300.00. Compensation for services in Task 1, 2 and 4 shall be lump sum in accordance with Article VII.A.1 of the AGREEMENT. Task 3 shall be based on a time and material basis in accordance with Article VII.A.2 of the AGREEMENT. Exhibit A attached presents a breakdown of the estimated labor and expense charges per the Agreement. This service authorization is approved contingent upon CITY acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the CITY in its sole discretion is unsatisfied with the POMPEY _SCOPE_1-20-05_RSP 5 services provided in the previous phase or service authorization, the CITY may terminate the contract without incurring any further liability. CH2M HILL may not commence work on any service authorization approved by the CITY to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRA Y BEACH: CH2M HILL, INC. (Corporate Seal) Date: Timothy S. Sharp, P.G. Area Office Manager (date) SEE BELOW FOR SIGNATURE CRITERIAl Witness Witness STATE OF FLORIDA COUNTY OF BROW ARD Attest: Approved as to Legal Sufficiency and Form The foregoing instrument was acknowledged before me this 20th day of September, 2001, by Timothy S. Sharp, Area Manager, CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me and (did/ did not) take an oath. Dorothy Gumm Notary Public State of Florida (Seal) POMPEY _SCOPE_1-2Q-05_RSP 6 Exhibit A Service Authorization No. '?- õL Pompey Park Building Expansion Estimated UlÞot Hours CoAt per T¡¡ttIcNo. Total Proiect Employer Category Grad" Hour 1 ~ 3 4 HO\Irs Totals 9 :)1,:;..w 0 :sO 8 :s17S.CO 0 SO 7 S 175.CO 0 SO ProfosslOr.als - engineers. Archltec:ts. 6 5165.00 8 8 4 2 22 $3.630 PI"nMr~, Fmnt!/'Iu!\t!\, Scacnfulis. 5 $147.30 0 $0 Hydmloglsl1l. Hydrogealoglsta. Ceologl3ts. 4 $12{.2ö 24 24 12 12 {2 $9.163 IlInrlv.llp" Atr.hiW:t~. /!Ie. 3 $106.83 60 40 10\J $10,6K:.i 2 $1.1841 IJO 24 12 11ü :1>10.250 1 $76.56 40 40 $3,062 0 $(17.32 0 $0 5 $9!J.7~ 0 SO TKhnidill15 - Drafters, Graphic Artists. 4 $95.79 24 24 $2.299 Computør, Survllyurs. Cdrluglilµhil."$. 3 $18.60 16 144 16 8 184 $14,462 Con&t'UCtlon Inspø~. øIc. 2 $5(1 60) 0 $0 1 $58.31 0 SO OffIce Sullaort 0 $58 5.; 8 24 24 7 63 S3J563 Labor SUbtoliJl ¡11,855 ¡28,396 $6,924 $3.943 621 $!o1,118 R,"I.buf!liidJl~ Ex"etlSK - ram¡oortaticn $0 LOdam $0 Communicati:m Charutl $0 RCDroductlor~SDeç:;lDr¡¡wina¡¡ $300 $700 $100 $100 $1.200 POSl:!aa 3nd H3ncllna SO Fmlrt F!1I1Ømn1 SO (:ompll1er -~-~ $0 AllIn TMvl'tlfMilr.llaelooL'Iide PBC) $0 SuhcnntrKlDr!I (lncludllS 10% Mark Up) $0 EAPI!I1$1!S Subtotal $300 $700 $100 $100 ,1,200 Project Total $18.155 529.096 $1.024 54,043 »11.318 wt'tIUelfily::leadU;;A4 _l-xhl"'1A _:"'?IH~"'_I'!I~ wI.. Agenda Item No. ~ AGENDA REQUEST Date: March 29. 2005 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: April 5. 2005 Description of item (who, what, where, how much): Staff requests Commission approval of a service authorization for CH2M Hill in the amount of $58.300 for architectural & enaineerina services in coniunction with the expansion of buildina facilities at Pompey Park. This proiect is included in the Parks & Recreation Bond Proaram with a budaeted cost of $500.000. Scope of services for this proposal includes development of schematic buildina plans and proposed site plannina for improvements. public presentations. SPRAB approval submittal and preparation of final construction plans and specifications for permittinQ and biddina. Fundina is available for this aareement in Parks & Rec Bond account No. 380-4150-572-62.61. Pompey Park Expansion ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: ~ ,"L~_ g1" Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re~ on all items involving expenditure of funds): Funding available: ~O ~ Funding alternatives: (if applicable) Account No. & DescriRtion: JiY) - C-f/s7J-571 &7 -6/70/I'J¡>u¡?aiÆùX¡JCV1S/rÞ- Account Balance: i. 99/(;26.00 City Manager Review: ~ Approved for agenda: &/NO Hold Until: tJ/01 Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM FROM: MAYOR AND CIlY COMMISSIONERS CIlY MANAGER ~ AGENDA ITEM # cg S - REGULAR MEETING OF APRIL 5. 2005 SERVICE AUTHORIZATION NO. 1.1/CORNELL PARK/ROBERT WALTERS ARCHITECTS. INC. TO: SUBJECT: DATE: APRIL 1, 2005 This is before the Commission to approve Service Authorization No. 1.1 to Robert Walters Architects, Inc. in the amount of $19,800.00 for consulting services for the development of Cornell Park. Funding is available from 380-4150-572-63.27 (2004 G.O. Bond/Cornell Park). Recommend approval of Service Authorization No. 1.1 to Robert Walters Architects, Inc. in the amount of $19,800.00 for consulting services for the Cornell Park Project. S.\Clty Clerk\agenda rnemos\ServtceAuth #11 Cornell Park Robert Walters Arclutects 040505 ~}"(- 0"" (;, ./ o I ........: .2: ~ (J ~~);'- iÞ t. ~ City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www.mydelraybeach.com TO: David T. Harden, City Manager FROM: Richard C. Hasko, P .E., Environmental Services Director (jGY SUBJECT: CORNELL PARK IMPROVEMENTS DATE: March 31, 2005 Attached is Service Authorization 1.1 for Robert Walters Architects for the provision of consulting services regarding the development of Cornell Park. The conceptual site plan has been accepted by City Commission and the next step will involve preparation of construction plans, specifications and cost estimates sufficient for submittal for Site Plan Review and Appearance Board (SPRAB) review as well as pennitting, bidding and construction of the proposed facilities. The scope of services for the proposal includes preparation of all materials necessary for the requisite SPRAB submittal, preparation of construction drawings and specifications for civil, architectural, landscape and irrigation project components. Assistance with bidding activities is also included as well as accommodations for assistance during the construction phase if needed. The total fee for the described scope is $19,800. The current project budget is $253,000. Funding for this contract is available in Parks & Rec Bond Account No. 380-4150-572-63.27, Cornell Park. Please place this on the agenda for the April 5, 2005 Regular Meeting for consideration by City Commission. Cc: Joe Weldon, Parks & Rec Director Victor Majtenyi, Construction Manager Randal Krejcarek, P .E., City Engineer Service Authorization No. 1.1 to the Agreement to Furnish Professional Services Dated April 1 , 2005, Between the City of Delray Beach, Florida and Robert Walters Architects City P.O. Number: City Project Number: 1.-oot...\ - 055 Title: Cornell Park Construction Documents, Permitting, Bidding, and Construction Assistance Services Category of Work: Professional Architectural I Engineering Services General This SERVICE AUTHORIZATION shall include the professional service agreement referenced above and shall become part of that AGREEMENT as if written there in full. Introduction This Service Authorization will authorize Robert Walters Architects to provide professional Architectural/Engineering consulting services related to construction documents, permitting, bidding, and construction assistance for Cornell Park. Scope of Services Task 1- Construction Documents RW A will develop construction documents - civil engineering, landscape, irrigation, architectural site plan and details. Bid specifications will be provided. Task 2 - Site Permitting Robert Walters Architects will submit permit applications to local permitting agencies- City's Building Department, SFWMD, etc. Task 3 . Bidding Robert Walters Architects assist the City with project procurement. We will attend pre-bid meeting, address RFI's and issue addenda, as required. DFBJ981040007/SET561 DOC Task 4 . Construction Assistance Robert Walters Architects assist the City with project construction. We will attend pre- construction meeting and monthly progress meetings, address RFI's, and review change orders, as required. Schedule Robert Walters Architects will commence work on the Scope of Services described herein upon receipt of a fully executed copy of this Service Authorization from the CITY, which will serve as the notice to proceed. The following summarizes the proposed schedule. Task Time of Completion (weeks from date of notice to proceed [NTP]) Start Finish Task 1 - Construction Documents April 15,2005 May 31,2005 Task 2 - Site Permitting June 1, 2005 June 30, 2005 Task 3 - Bidding July 1 , 2005 July 31, 2005 Task 4 - Construction Assistance August 15, 2005 December 31 ,2005 DRC submittal and review phase proposed under service authorization number 1 is anticipated to take place between April 15, 2005 and May 31, 2005 - concurrent with the construction document phase. Compensation to the CONSULTANT Compensation for professional consulting Architectural/Engineering services as described herein is estimated at $19,800. Total compensation for Tasks 1, 2, 3, and 4 shall be on a lump sum basis in accordance with Article VII.A.1 of the AGREEMENT. The fee breakdown for Tasks 1, 2, 3, and 4 is as follows: Task 1 - Construction Documents Task 2 - Site Permitting Task 3 - Bidding Task 4 - Construction Assistance $ 11,800.00 $ 2,000.00 $ 1,000.00 $ 5,000.00 $19,800.00 lump sum This service authorization is approved contingent upon the CITY's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the CITY in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the CITY may ternñnate the contract without incurring any further liability. The CONSULT ANT may not commence work on any service authorization approved by the CITY to be included as part of the contract without a further notice to proceed. DELRAY/SA1_CORNELL_PARK DOC 2 Approved by: CITY OF DELRA Y BEACH: Date: Jeff Perlman Mayor Attest: Approved as to Legal Sufficiency and Form DELRAY/SA1_CORNELL_PARK DOC Robert Walters Architects (Corporate Seal) Robert S. Walters, AlA, P.A. Principal Architect (date) Witness Witness STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instrument was acknowledged before me this _ day of May, 2004, by Robert S. Walters, Principal Architect, Robert Walters Architects, a Florida corporation, on behalf of the corporation. He is personally known to me and (did/ did not) take an oath. Notary Public State of Florida (Seal) 3 Agenda Item No. ~ S AGENDA REQUEST Date:March 31. 2005 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: April 5. 2005 Description of item (who, what, where, how much): Staff requests Commission approval of Service Authorization 1.1 for Robert Walters Architects in the amount of $19.800 for provision of consultina service required for the development of Cornell Park. Scope includes preparation of materials sufficient for SPRAB submittal. as well as construction plans and specifications sufficient for permittina. biddina and construction of the facilitv improvements relatina to enaineerina. architecture. landscapina and imaation. Current project budaet is $253.000. Fundina for the contract is available in Parks & Rec Bond Account No. 380-4150-572-63.27. Cornell Park. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Service Authorization 1.1 for Robert Walters Architects. ~ Department head signature: (, ( ~ ~ 3 <;1. 05 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Dire~tor Re~iew (r~~~~ onJl~1I items invoJvjng exp~':1diW!~ ~ffunds): Funding available: [§.§tNOjVt'1~ ltJ¿J"1.~ v ~ I lOb Funding alternatives: · Account No. & Description: j;¡õ -1/j() - ''11 .1.> 3. ;Z 1 Account Balance: '$ J ,~/} .).1 C / .3t.i..{ 1~"¡ :;:" I;{ -i '> 2 ,,~ I I City Manager Review: Approved for agenda: ~/NO ~. Hold Until: C7 [,1 I \ (if applicable) .ÆCO 'I 4.0 ¡j~ - :r,\&..~ ¡?.oJ DI-I ~ . &·,r;,rJe/1 A:~Ki( Agenda Coordinator Review: Received: Placed on Agenda: Action: ApprovedlDisapproved MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER t'ï11 AGENDA ITEM # <6\ - REGULAR MEETING OF APRIL 5, 2005 INTERLOCAL AGREEMENT /PALM BEACH COUNTY TO: SUBJECT: DATE: APRIL 1, 2005 This is before Commission to approve an Interlocal Agreement with Palm Beach County for the engineering and construction costs for the Florida Inland Navigational District (F.I.N.D.) Park and the Delray Harbor Club Turn Lane Project. The County will provide the City reimbursement funding in an amount not to exceed $125,000.00 for the construction of the F.I.N.D. Park (Intra-Coastal Park) turn lane on Federal Highway. Recommend approval of the Interlocal Agreement with Palm Beach County for the F.I.N.D. Park and Delray Harbor Club Turn Lane Project. S:\Clty Clerk\agenda memos\PBC Interlocal Agmt FIND 040505 [ITY OF DELIAY IEA[H ftrerNED MAR 2 4 2005 CIty MANAGER D/\ tJ71 CITY ATTORNEY'S OFFICE 200 \iW I'l -\VI \TE . DELR \ '\ BE\CII II OR IDA 33-+-+-+ Il-LLPH()\F ~61"2-U-7(il)Ii'1 \CSI\IlLE ~(¡1/2ÎX--+755 DELRAY BEACH f l {) II I ú ... ~ AII·America City , I III! DATE: 1993 TO: Writer's Direct Line: 561/243-7091 MEMORANDUM March 23, 2005 Joe Weldon, Director of Parks and Recreation 2001 FROM: Susan A. Ruby, City Attorney SUBJECT: Turn Lane Agreement with Palm Beach County I have reviewed the above agreement and find it acceptable to legal sufficiency and form. ~ Attachment Cc: David Harden, City Manager " [IT' OF DELIA' BEA[H DELRAY BEACH f \ 0 I n ... t&e.d All-America City 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561{243-7000 , III'~ 1993 2001 MEMORANDUM TO: Susan Ruby City Attorney FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Turn Lane Agreement with Palm Beach County DATE: March 18, 2005 Please find an interlocal agreement between the City and Palm Beach County Courts for the engineering and construction costs for the project turn lane for the F.r.N.D. Park and Delray Harbor Club in the amount of $125,000. Please review these agreements for legal sufficiency. .\~~ J( Weldon D~~ctor of Parks and Recreation Attachment cc: Richard Hasko Director of Environmental Services @ P""*3d on ?9cyr:1e'i P ":Jar THE EFFORT ALWAYS MATTERS RECEIVED MAR 2 1 2005 CiTY ATIORNEY Ref:srlglsuf Department of Engineering and PubUc Works PO. Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 www.pbcgov.com . Palm Beach County Board of County Commissioners Thny Masilotti. Chairman Addie L. Greene, Vice Chairperson Karen T. Marcus Jeff Koons Vlr.uren H. Newell Mary McCarty Burt Aaronson County Administrator Robert Weisman ·An Equtll Opportunity Affirmative Action Employer' ~ ....1_....-' __ ___,_-' ____.. March 14,2005 Mr. Joseph Weldon Director of Parks & Recreation City of Delray Beach 100 N. W. First Avenue Delray Beach, Florida 33444 Dear Mr. Weldon: Included with this letter are two (2) replacement pages for page 1 of the turn lane Agreement that will include design and construction of the project and increase the amount to $125,000.00. Please swap the new for the old pages. Sincerely, ... e::tC~ß: Special Projects Coordinator r\L(;~Ì.·'·[D Î11~R 1 12D05 Department of Engineering and Public: Works PO. Box 21229 West Palm Beach. FL 33416-1229 (561) 684-4000 www.pbcgov.com . PaJm Beach County Board of County Commissioners 1bny Masilotti. Chairman Addie L. Greene. Vice Chairperson Karen T Marcus Jeff ~ons Warren H. Newell Mary McCarty Burt Aaronson County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" ~ ....1......##....... ___I~ ...____ March 8, 2005 Mr. Joe Weldon Director of Parks & Recreation City of Delray Beach 100 N.W. First Avenue Delray Beach, Florida 33444 Dear Mr. Weldon: Included with this letter are two (2) original Agreements that will provide up to $105,000.00 for construction of the Delray Beach Intra-coastal Park Turn Lane on Federal Highway. Would you please have the Agreements executed by the City and return both Agreements to me at the address below. I will have the Agreements executed by the Board of County Commissioners and return a fully executed Agreement to you. If you have any questions during this process, contact me at 561-684- 4018 and I will be happy to answer your questions. Sincerely, , ~~p::~A, Special Projects Coordinator Engineering & Public Works P.O. Box 21229 West Palm Beach, Florida 33416-1229 · '"' 1 0 2.t'f'5 .r<;E"1~"CD ~j, K v~· DE" ." n1 .1Ir. 11. .... ...- INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRA Y BEACH FOR INTRA-COASTAL PARK PROJECT TURN LANE of THIS INTERLOCAL AGREEMENT is made and entered into this day , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida. hereinafter referred to as "COUNTY" and THE CITY OF DELRAY BEACH, a municipal corporation of the State of Florida hereinafter referred to as "CITY" WITNESSETH: WHEREAS, the CITY is undertaking construction of the Delray Beach Intra- Coastal Park Project Turn Lane within the CITY limits hereinafter referred to as "PROJECT"; and WHEREAS, the PROJECT consists of design and construction of a right turn lane into the entrance of the Delray Beach Intra-coastal Park; and WHEREAS, the COUNTY believes that the construction of the PROJECT serves a public purpose in the enhancement of the CITY Intra-coastal Park and wishes to support the PROJECT by providing supplemental reimbursement funding for the documented costs of the PROJECT in an amount not to exceed ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($125,000.00); and WHEREAS, after construction the PROJECT, the CITY will be responsible for the subsequent maintenance of the PROJECT. NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. The above recitals are true, correct and incorporated herein. 2. The COUNTY agrees to provide to the CITY reimbursement funding for documented costs of the PROJECT in an amount not to exceed ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($125,000.00). 3. The COUNTY agrees to reimburse the CITY the amount established in paragraph 2 for costs associated with the PROJECT, upon the CITY's submission of acceptable documentation needed to substantiate its cost for the PROJECT. The COUNTY will use its best efforts to provide said funds to the CITY on a reimbursement basis within forty-five (45) days of receipt of all information required in paragraph 6, below. 4. The COUNTY's obligation is limited to its payment obligation and shall have no obligation to any other person or entity. 5. The CITY agrees to assume all responsibility for design, bidding, contract preparation, and contract administration necessary for the PROJECT, including payment{s) to contractor{s) pursuant to all applicable governmental laws and regulations. 6. The CITY will obtain or provide all labor and materials necessary for the PROJECT. The CITY shall furnish to the COUNTY's representative a request for payment supported by the following: A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and incorporated herein as Exhibit "An (pages 1 & 2), which are required for each and every reimbursement to the CITY. Said information shall list each invoice payable by the CITY and shall include the vendor invoice number, invoice date, and the amount payable by the COUNTY. The CITY shall attach a copy of each vendor invoice paid by the CITY along with a copy of the respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule Form. Further, the CITY's Financial Officer shall also certify that each invoice listed on the Contractual Services Purchases Schedule Form was paid by the CITY as indicated. 7. As it relates to this Agreement, the COUNTY may initiate a financial systems analysis and/or an internal fiscal control evaluation of the CITY by an independent auditing firm employed by the COUNTY or by the County Internal Audit Department at any time the COUNTY deems necessary. 8. The CITY agrees to be responsible for the subsequent maintenance of the PROJECT following construction. The CITY shall be solely responsible for obtaining and complying with all necessary permits, approvals and authorizations from any federal, state, regional. COUNTY or agency which are required for the PROJECT. 9. The PROJECT shall be completed and final invoices submitted to the COUNTY no later than June 30, 2007, and the COUNTY shall have no obligation to the CITY or any other entity or person for any cost incurred thereafter unless the time for completion is extended by modification of this Agreement. 2 10. Each party shall be liable for its own actions and negligence and to the extent permitted by law, the CITY shall indemnify, defend and hold harmless the COUNTY against any actions, claims or damages arising out of the CITY's negligence in connection with this Agreement or the performance by the CITY as it may relate to this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 786.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligence, willful or intentional acts or omissions. 11. The CITY shall, at all times during the term of this Agreement, maintain appropriate insurance. 12. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the CITY certifies that its affiliates, suppliers, sub-contractors, and consultants who perform work 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. This notice is required by F.S. 287.133(3)(a). 13. The CITY shall require each contractor engaged by the CITY for work associated with this Agreement to maintain: Workers' Compensation coverage in accordance with Florida Statutes, and; a. Commercial General Liability coverage, including vehicle coverage, in combined single limits of not less than ONE MILLION DOLLARS ($1,000,000.00). The COUNTY shall be included in the coverage as an additional insured. b. A payment and performance bond for the total amount of the IMPROVEMENT in accordance with Florida Statute 255.05. 14. in the event of termination, the CITY shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Agreement by the CITY; and the COUNTY may withhold any payment to the CITY for the purpose of set-off until such time as the exact amount of damages due the COUNTY is determined. 15. The CITY's termination of this Agreement shall result in all obligations of the COUNTY for funding contemplated herein to be cancelled. 3 16. The COUNTY and CITY agree that no person shall, on the grounds of race, color, national origin, sexual orientation, religion or creed, sex, age, or handicap be discriminated against in performance of this Agreement. 17. In the event that any section, paragraph, sentence, clause or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 18. All notices required to be given under this Agreement shall be in writing, and deemed sufficient to each party when sent by United States Mail, postage paid, to the following: AS TO THE COUNTY Engineering and Public Works Department Tanya N. McConnell, P.E. Deputy County Engineer P.O. Box 21229 West Palm Beach, Florida 33416-1229 AS TO THE CITY City of Delray Beach Mr. Joseph Weldon Director of Parks 100 NW First Avenue Delray Beach, Florida 33444 19. This Agreement shall be construed and governed by the laws of the State of Florida. Any legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy shall preclude any other or further exercise thereof. 20. Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to the Agreement. 21. Except as expressly permitted herein to the contrary, no modification, amendment, or alteration in the terms or conditions contained herein shall be 4 effective unless contained in a written document executed with the same formality and equality of dignity herewith. 22. Each party agrees to abide by all laws , orders, rules and regulations and the CITY will comply with all applicable governmental codes during the PROJECT. 23. The COUNTY shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party (or parties). Nothing contained herein shall be construed as a waiver, by any of the parties, of the liability limits established in Section 768.28, Florida Statutes. 24. Each party shall promptly notify the other of any lawsuit-related complaint, or cause of action threatened or commenced against it which arises out of or , relates, in any manner, to the performance of this Agreement. 25. The parties expressly covenant and agree that in the event any of the parties is in default of its obligations under this Agreement, the parties not in default shall provide to the defaulting party thirty (3D) days written notice before exercising any of their rights. 26. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. 27. This Agreement represents the entire understanding among the parties, and supercedes all other negotiations, or agreements, either written or oral, relating to this Agreement. 28. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. 29. This Agreement shall take effect upon execution and the effective date shall be the date of execution. REMAINDER OF PAGE LEFT BLANK 5 IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the date first above written. CITY OF DELRA Y BEACH PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Chair Mayor ATTEST: ATTEST: SHARON R. BOCK, CLERK By: By: City Clerk Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: By: City Attorney Assistant County Attorney Date: By: APPROVED AS TO TERMS AND CONDITIONS By: Date: 6 ENGINEERING & PUBLIC WORKS DEPARTMENT CONTRACT PAYMENT REQUEST (Project) Grantee Request Date Billing # Billing Period PROBCf PAYMENT SUMMARY Item Project Costs This Billing Cnmulatlve Project Costs Total Project Costs Consulting Services Contractual Services Materials, Supplies, Direct Purchases Grantee Stock Equipment, Furniture TOTAL PROBCf COSTS Certification: I hereby certify that the above were incurred for the work identified as being accomplished in the attacbed progress reports. Certification: I hereby certify that the documen- tation has been maintained as required to support the project expenses reported above and is avail- able for audit upon request. Financial Officer/Date Administrator/Date PBC USE ONLY Coun~FundingPuûc~ation $ Coun~ obligation to date $ $ $ ($ ($ Total Project Cost Total project costs to date Coun~ retainage L%) Coun~ funds previously disbursed Coun~ funds due this billing $ Reviewed and Approved by: PBC Project Administrator/Date Assistant Coun~ Engineer or Fiscal Manager/Date Page I of 2 = ° c;~ .. .Sc CII ... ~Æ i~ ~~ '1:1 ~oo ë¡ r;o;";Ir;o;";I ~'I:I ° i:~~ ~ '1:1 ~ -='C ° CII 1:1 cg 01 'C ....OCl. ~~~ ~ cg ~~;§ 011 ~ °0 = 011 ~~~ ª § C' = = UUOO ~ ~Þ004r;o;";1 -2 r-l";¡u ==~ !:!. t ::g~~ ~r;o;";I ~1 ~~oo ~i ~~~ Jt~ ~~ u-=- u'l:l r;o;";IE-t ~g'l:l ~u u;>[; ÞOO4~ ~z Zo r;o;";Iu ... cg ,Q ... a .s 1:1 u Z CII ; cg'åi ~'I:I = 0'1:1 III 'II: 8 ] = ! ~ = ! z .. .s u - b = 8 '1:1'1:1 ~ i.J i ; u ... c:I' '<S :I 2:: 011 = ¡.s ~ 8S.... '1:11=8 ~ 1:1 1:1 01 ~=.š ~ II cg ~,Q - ;cg~ ° ~ ~ - 01 -= ~ "a = 01 ,Q~cg "I; '1:1='1:1 :scg[; .... ~ III 01 u ~ -So,§ »'1:1 ~ 011 '1:1 .e III 8 :I 1: »-= ° ,Que- cg !; ... B t CI.':¡ 01 -= .. '" ~ .... III ° .. -s ~ =0-= 8 ~'I:I"" IE 01 [; 1: 0 u ° -; =iCl. ~ u §' ~ III -= '" ~ Uu.s .8 þ:, ~ N ..... Eo< 0 N Q) 1f ø.. '1:1 ~ ° = '(;j' ....., cg j.J u ~ .. .... 1:1 2 CI.CI. cg CII -S-s .... 01 011 s;! ~:! tt u ° ~~ CII 01 t .51 -='1:1 .... CII .. '" = 1:1 ~ f _ CII u it ~ ~ 111,8 U 01 B 01 ~ g ~ j MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: CITY MANAGER AGENDA ITEM # \.l. - REGULAR MEETING OF APRIL 5. 2005 GRANT AWARDS FOR HOUSING REHABILITATION CONTRACTS FROM: DATE: APRIL 1, 2005 This is before the Commission to consider approval of the following housing rehabilitation contracts: . $19,845.00 to Tommy Preston for 721 N.W. 4th Street . $21,919.00 to South Florida Construction for 618 S.W. 6th Avenue Funding for the total amount of $41,764.00 is available from 118-1963-554-49.19 (Community Development Block Grant (CDBG) Program/Housing Rehabilitation) and 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP) Program/Housing Rehabilitation). Recommend approval of the housing rehabilitation grant/ contract awards as oudined above. S.\Clty Clerk\agenda memos\CDBG Housing Rehab Awards 040505 MEMORANDUM TO: David Harden, City Manager FROM: Ferline F. Mesidort, C.D. Specialist ~ Kendra W. Graham, C. D. Administrator Lula Butler, Community Improvement Directo í0 March 29,2005 THRU: DATE: SUBJECT: Community Development Division Housing Rehabilitation Grant Award ITEM BEFORE THE COMMISSION Approval is requested for two (2) Housing Rehabilitation grant award(s) to the lowest responsive bidder. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsible bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated amount of funding required. RECOMMENDATION Staff recommends awarding the bid for two (2) Housing Rehabilitation project(s) to the verified responsible low bidder(s) and authorize award in the following amount: Case Number Address Contractor Grant Amount 04-017 04-003 $ 19,845.00 $ 21,919.00 ( ( CITY OF DELRA Y BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2005-13 APPLICANT: Beatrice Graham PROJECT ADDRESS: 721 NW 4th Street DATE OF BID LETTERS: March 3,2005 DATE OF BID OPENING: March 17, 2005 NAME OF CONTRACTORS AMOUNT OF BIDS Cordoba Construction Co., Inc. ';r.-1"-'--~ ---, '-'-- - - ----.---.;0 ;E~~®U~~gs Construction 'Co:: Henry Haywood !!;:M'~~,~Ii,Bui.1Ø~rs, ~LC. Paul Hensel Construction 1 ~ ....~;;--..~ - ~. .. ~ ...,.. - - - -"- - - --............,.. -1' ..sðlut~øìfS'Remòäéling '& DësigIîSeririèes, Iñþ~ 7.:, -: 0 : ~ ~_.. \., " - ~- South Florida Construction ^S~n~!}~rta~B{iiÏdbf~~ç~nsb-üttio~ '-'-:. ". To~r ~r~st0!.l 'IrorizOli'R;'oofinB Petito Roofing -~--. ~-<~r..' ~- -- c" ~ - R~oñ'!tg¡Tè~ Inc;. Wrights Way Roofing \!,--'.;:--~- - - :- ~".;~-- ,"7:~-> - - -- --- '-, ~._, ,-:;. - -:; . '- . > ~ -:~~.~:~.~~~~~~ ",..., " " . " -V~ r__~ _ ~~ " ,~'1 . " ~_ '",,_ - -c:r5"'-~ . ,_ ~ A " -----. '. ~~ - -- ~- - ~-- -~'-'-~---'~ - . c~ '~ : _ "- ) \~: - .~~- -- ~~'~:~~~ ,_='_~~~~~;i~t~~~'~~::~~~-, ·~Z;~tm~ $ 20,800.00 -~...,,-..- , :_', '- ..."- - ---~ - :~~~- ~~=~-- . ~ ':: ~ -, ... "'.~.. .. "'~>¡;"~$:-2;~'0'~O- :~:~7:1i_:;~-~'~~~L;;:~;-f""-",,,Lc:=~~ (-f~"-r ::- U :;J-..VV¿"";;.,"':.-<--"-·, ~--'.. ,-'q';;'ft.-~;'}-':-'~"~~.'~- ~",'Ji'£-.:_,-!,,:"",~~"<.~..;~~-,,--:"_ '''_~::;:':' ~_>:::;:~"':..-:cÊ:,,:.':~-='''it~>..~~ $ 18,900.00 - --- --~ ----~--- --~. ~'~~-~-~~~~ ,<- :- ~~~~~ '".--,- - - --~:<~X? ~~~~~~:~~~:~~~ì ~ ----. -;"^. -- -~"'-:- ,':!; .-" , " ~ - - ,~- '0 -.' -" ~ . ~ ~ -:- -- -:-. ~~- - - -.:';:-~ ':. ,~< - -.. ',' ~~,' ~ :~~~--:~-iiil:'~;'3~i . , In-House Estimate $ 19,950.00 CONTRACTOR AWARDED CONTRACT: Tommy Preston BID/CONTRACT AMOUNT: Contingency 5% $18,900 945.00 $19,845 FUNDING SOURCE: Community Development Block Grant Account #118-1963-554-49.19 COMMENTS: Lowest bidder S:renpgrmlbiddocslbidinfosheet CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2005-13 APPLICANT: Dennis Mitchell PROJECT ADDRESS: 618 SW 6th Avenue DATE OF BID LETTERS: March 3,2005 DATE OF BID OPENING: March 17, 2005 NAME OF CONTRACTORS AMOUNT OF BIDS Cordoba Construction Co., Inc. -I" '-..- - -- E.S. ~t!gs:Construction Co. Henry Haywood J:~Nf#S~~fÌiú!~4ers, LLÇ. Paul Hensel Construction SÖliítlð'6s~*e~òd~Íing -& D~sign Services, Ine;' =--~ ,. ;,;¡¡.~ . - - -"- ' - . - South Florida Construction st~ì3'~~Blíii'áh~s 'é~ris~ctiòh ~_ '1:- ~~. _ _ . Tommy Preston .....--- "'-..;.....-' -7'-- . á:9ri~~íiiR09fiÌlg Petito Roofing ¡- ,. - -! -- ~oóÎìn~ T~àm ,Inc. Wrights Way Roofing .--~->~~ ":f'~ -~. ~':" ~=~ ~>3 _ - -,~ - ~~. ~~ ;¡:[!~~¡_l :_~ {._.r;...<>-~", ,";i.",- _' '<) ~ $ 20,875.00 . ':~"25;Û2510(r~' ~..'; _L _~ _ ~J..>:~~ ~)':~ .~_ ""-, $ 21,050.50 _ r ~ _ , _ _v.;.-__ ,-',"\ :-~_ :;~:~ ~ -- 7~ -- R~ - 5~~~~:~~~~~ ,", In-House Estimate $ 19,213.35 CONTRACTOR A WARDED CONTRACT: South Florida Construction BID/CONTRACT AMOUNT: Contingency 5% $20,875 I ,043.75 $21,919 FUNDING SOURCE: Community Development Block Grant Account #118-1963-554-49.l9 COMMENTS: Lowest bidder statedhe has too much work in progress. Bid awarded to thenext lowest contractor. Items #10 & 22 omitted. S:renpgrmlbtddocslbidinfosheet Agenda Item No.: ~ AGENDA REQUEST Request to be placed on: ~ Regular Agenda _ Special Agenda _ Workshop Agenda _ Consent Agenda Date: March 29,2005 When: April 5, 2005 Description of item: (who. what. where. how much): Case Number Address Contractor Grant Amount 04-017 04-003 721 NW 4th Street 618 SW 6t Avenue $ 19,845.00 $ 21,919.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO Recommendation: Staff recommends approval of one (1) Community Development Block Grant (CDBG) and one (1) State Housing Initiatives Partnership Program Rehabilitation Grant in the amount listed above for a total award of $. CDBG Total: $ 19,845.00 Account Number: 118-1963-554.49.19 SHIP Total: $ 21,919.00 Account Number: 118-1924-554-49.19 Department Head Signature~ ~ -= City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~O LÞL Funding Alternatives: (if applicable) Account No. & Description: (J<;jj lLitJoV & Account Balance:$ '30. (, tJ 9- SD_~¿¡1- tfCJt{ . City Manager Review: Approved for Agenda: Hold Until: ~007J) Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: David T. Harden, City Manager Lula Butler, Community Improvement Di~eft~rlliØ Kendra W. Graham, C.D. Administrator M Ferline F. Mesidort, C.D. Specialis~ THRU: FROM: DATE: March 29, 2005 SUBJECT: Request for Subordination - Applicant (Sheilicha Strayhorn) ITEM BEFORE THE COMMISSION City Commission authorization and approval to subordinate its second mortgage position in the amount of $23,250.00. Homeowner, Sheilicha Strayhorn, initially closed on a loan with Republic Bank for new construction. Due to a change in the contractor and the merger of Republic Bank with BB&T, current banking guidelines require that the initial loan be closed out and a new loan issued under BB&T. BACKGROUND Ms. Strayhorn is a homeowner within the CDBG Target Area. In February of 2004, she participated in the First-Time Homebuyer's Program. Ms. Strayhorn was assisted with funds from the SHIP Program. The first-time homebuyer assistance is secured with a second mortgage/promissory note and will be forgiven on a pro-rated basis specific to the duration of the note. Grant amounts less than $15,000 per unit are forgiven at a rate of20% per year for a period of five years and grant amount equal to or greater than $15,000, but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. Therefore, the current agreement will remain recorded as a covenant to the property until February 2014. RECOMMENDATION Staff is recommending City Commission approval of Sheilicha Strayhorn's request to subordinate its second mortgage position in the amount of $23,250. The subordination meets all the requirements of the City's Subordination Policy. 0;< !)ft/1 EV Prepared by and Return to' Community Development City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 SUBORDINATION AGREEMENT WHEREAS, undersigned is the owner and holder of that certain mortgage executed by Sheilicha Strayhorn to CITY OF DELRA Y BEACH, Florida to secure an original indebtedness of $23,250.00, said, mortgage being dated the 20th of Februarv 2004. and recorded on February 26,2004 in Official Record Book 16590 Page 1867 in the Public Records of PALM BEACH County, Florida said Mortgage encumbering the following described lands situate in PALM BEACH County, Florida: Atlantic Park Gardens Lot 12, Book 1, Plat Book 14 Page 56 WHEREAS, a portion or all and aforedescribed have been mortgaged by Sheilicha Strayhorn to Branch Banking & Trust Company, (hereinafter called the LENDER) to secure a mortgage loan ofSlOl,350, said mortgage to the lender being dated and filed in Official Record Book _, Page _' Public Records of Palm Beach County. Florida. WHERAS, the LENDER would not close its mortgage loan and disburse the proceeds thereof unless its mortgage were a first lien, superior in right and dignity to the lien of the Mortgage held by the undersigned: NOW, THEREFORE, For and in consideration of One Dollar, in hand paid by the LENDER, receipt whereof is hereby acknowledged, and to mduce the LENDER to disburse the proceeds of its mortgage loan aforedescribed, the undersigned do hereby represent, warrant, covenant and agree as follows: I. That the Mortgage held by the undersigned and described in the first paragraph of the preamble of this Indenture, together with the indebtedness secured thereby, is owned by the undersigned and that neither said mortgage nor said indebtedness has been assigned, transferred, or pledged to any person whomsoever, so that the undersigned have full right, and authority to execute this SUBORDINATION AGREEMENT. 2. That the Mortgage held by the undersigned and described in the first paragraph of the preamble of this Indenture, and the same hereby is declared to be for all times inferior and subordinate in lien, right and digmty to the mortgage held by the LENDER hereinabove described, just as though said mortgage to the LENDER were executed, recorded and closed prior to the execution of the mortgage held by the undersigned and herein subordinated. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this ,2005 day of Signed sealed and delivered in the presence of: CITY OF DELRA Y BEACH Witness (Print) By: Witness (Print) Print: Address: 100 NW I st Avenue. Delray Beach. Florida 33444 State: FLORIDA County of PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 2005 by as, Mayor of City Delray Beach, He/She IS personally known to me or has produced a driver's license as Identification Approved as to fonn and legal sufficiency: Notary Public Printed name: My Commission Expire: (SEAL) By: City Attorney Agenda Item No.: ~\! AGENDA REQUEST Request to be placed on: ~ Regular Agenda _ Special Agenda _ Workshop Agenda _ Consent Agenda Date: March 23,2005 When: April 5, 2005 Description of item: Authorization and approval to subordinate the City's second mortgage position in the amount of $23,250 to allow Sheilicha Strayhorn to refinance the mortgage for the construction loan under the current bank guidelines. Recommendation: Staff recommends approval and execution of the subordination agreement. Department Head Signatore: ~!1 u-<.Y City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO AI/ A Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda: Hold Until: éJ/NO fìiA/} Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER t1JV1 AGENDA ITEM # <6'W - REGULAR MEETING OF APRIL 5. 2005 CHANGE ORDER NO. I(CONTRACT CLOSEOUT)/FINAL PAYMENT /VILA & SON LANDSCAPING CORPORATION TO: SUBJECT: DATE: APRIL 1, 2005 This is before the Commission to approve Change Order No.1 (Contract Closeout) in the amount of $774.50 and fmal payment in the amount of $5,057.52 to Vila & Son Landscaping Corporation for the Federal Highway Median Beautification Project. Funding is available from 119-4151-572-63.20 (Beautification Trust Fund/Landscaping/ Beautification). Recommend approval of Change Order No.1 and fmal payment to Vila & Son Corporation for the Federal Highway Median Beautification Project. S \Clty CIerk\agenda memos\Change Order 1 Final V,la & Son 040505 Memorandum DELRA Y BEACH F L 0 . I D " tab.tI ;¡¡jr 1993 2001 Community Improvement Horticulturist TO: City Manager, David T. Harden THROUGH: Lula Butler, Director, Community Improvement rÞ FROM: Nancy Davila ~ Sd ' RE: Federal Highway Median Beautification - Change Order and Contract Close-out DATE: March, 30, 2005 ITEM BEFORE THE COMMISSION: The item before the Commission is the request for approval of a change order, for the contract with Vila & Sons Landscaping Corporation, City Project No. 2002-047, for the irrigation and landscaping for three medians on Federal Highway, to increase the contract price by $774.50 to $50,575.22. The final payment application # 3, will reflect the change order and the payment to the contractor, in the amount of$5,057.52 will be the final payment and the contract close- out. BACKGROUND: Per the attached change order # 1, deletions and additions to the contract will result in a net increase to the contract in the amount of$774.50. These changes were the result of design changes requested by FDOT, the deletion of line items relating to water meters, and an increase in soil needed. Contractor has complied with all submittal requests outlined in Section 1700 of the contract document relating to the Contract Closeout. Upon final payment to the contractor, the City can request reimbursement from FDOT. RECOMMENDATION: Staff recommends the City Commission approve the request for Change Order No.1 to Vila and Sons Landscaping Corporation, in the amount of$774.50. Purchase Order # 621781 must be increased in the same amount. Funding is available from 119-4151-572- 63.20. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. PROJECT NO. 2002-047 DATE: March 21,2005 PROJECT TITLE' Irngation & Landscape Improvements Three Medians on Federal Highway TO CONTRACTOR: Vila & Son Landscapmg Corporation 1930 D. Road Loxahatchee Florida 33470 Phone: 561-795-3070 Fax: 561-795-3879 YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: FDOT required deletions of several Palms due to a change in design standards. The Oak was added, since the new standards would have resulted in only 1 palm being allowed in that particular median. Water meters related items were deleted as a result of the CIty finally havmg to locate the irngation sleeves and set new meters. AdditlOn backfill was needed since the consultant did not account for 20% compaction of the sod, nor for the additional needed for crowing the medians, as specified. SUMMARY OF CONTRACT AMOUNT O~GINALCONTRACTAMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT P~OR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE 0 1.01% TOTAL PER CENT INCREASE TO DAT 1. l% $ 49,800.72 $ N/A $ N/A $ 774.50 $ 50,575.22 CERTIFIED STATEMENT: I h reby ce ify that the supporting cost data included is, m my considered opinion, accurate; that th pr uoted are fair and reasonable and m proper ratio to the cost of the original work c n acte or under benefit of competitive bidding. 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Z (9t11Ø)Q. ~ Z-£:Jco <{-Qco 0 ISi)+- I- O~c.~ ~ March 15.2005 City of Del ray Beach 100 NW I~' Avenue Delray Beach, FL 33444 Attn: Nancy Devilla Re· Federal Highway Medians This is final contract breakdown for Federal Highway Medians. Original Contract Amount $ 49,800.72 Additi,.w') _n Backfill 7" - $3, 32280 Live Oak - $1,385.00 Total additions - $ 4,707 80 Deletions - Veitchia winn - $1,618.00 Topsoil- $615.30 Soil Testing - $450.00 I" Water Meter - $500.00 Existing Water Meter - $250.00 Relocated Water Meter - $ 500 00 Total Deletions - ( $3,933 30) Revised Final Contract Amount $50,575 22 Payments to :.:íùtc - $4~/(?ì 3~ Contract balance remaming - $7,497.87 N - ~-~~? Should you have any questions or require further information please feel free to contact our office Angela M Baxter, Office Manager Vila & Son Landscaping Corp. -_:~~-~;:;,~::.:~- ~-,-.. ~ ~-.~ ~.'- ......,""-,.., ._,....¡> - ~~ - - - .~-- ~,J :.S~· _ _~>,:: ~ ::/ :r:;-,:', '-'-_-...-:!o-":%-~_~='-- ~;-... ~ ~ ~ "- .~ __ .__ ,,> .Ff .;.,~:" :'........;~~~...i _, ':"r ~~_ ~:2~~ F<:-,,~..:: _~2: ';;S ¡:_:3~~~ . ,- .., - < - ~ - . ::......'- >- . ." - .. -. __. _~_ _, ~ ~ -r ..--" - ~ , >- ' '"' ~ - '" ~ ~ .. .. . '-- .... - ~ - --. - <- Date: March 30, 2005 Agenda Item No. '6\J\./ AGENDA REQUEST Agenda request to be placed on: _X_Regular _ Special Workshop Consent When: April 5, 2005 Description of Agenda Item: Change Order and Contract Close-Out - Federal Highway Median Beautification OrdinanceIResolution Required: Yes I No Draft Attached: Yes I No Recommendation: Approval Department Head Signature: ~ ~fr~--= I City Attornev Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: 119-4151-572-63.20 (if applicable) City Manager Review: Approved for agenda: @ No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~X - REGULAR MEETING OF APRIL 5. 2005 GRANT APPLICATION TO UNITED STATES FIRE ADMINISTRATION TO: SUBJECT: DATE: APRIL 1,2005 This is before the Commission requesting authorization to submit a Fire Act Grant application to the United States Fire Administration for funding in the amount of $83,199.00 with a 20% local match of $20,799.00 from the City to replace the current dispatch tone alert system equipment for the Fire Department. If the grant is awarded, the City match will be requested in the FY 2006 Budget. Recommend approval of submission of the Fire Act Grant application. S \Clty Clerk\agenda memos\Ftre Act Grant 040505 [ITY I: fLR u ~ r '~Þ:- .~ -; ... ~~~~ "'- t:-~ FIRE-RESCUE DEPARTMENT , i 1 -- - < - ;;r:c" '1 . HIC=¡HLM~D BEACH DELRAY BEACH bä:d All-America City 'IIII! MEMORANDUM TO: David T. Harden, City Manager 1993 2001 FROM: John Tomaszewski, Assistant Fire Chief DATE: March 30, 2005 SUBJECT: Fire Act Grant As you know the fire rescue department is applying for a Fire Act Grant requesting funding to replace our current dispatch tone alert system. The proposed system would be much more reliable than the current equipment, some of which is 20 years old. The total cost of the new system for six fire stations and associated equipment for the dispatch center is estimated to be $103,998.00 and the grant would provide $83,199.00 (80%) if we receive it. The City of Delray Beach would need to identify match funding of $20,799.00 (20%) if the grant is awarded. An Agenda Request along with a copy of the grant application is included for your review and consideration. Thank you for your attention in this matter. toZ" Assistant Fire Chief Cc: Kerry B. Koen, Fire Chief FIRE-RESC u¡= OFP/\gn¡1E;·jT HEA.DC/ ,-\~r'- F t:<s . ,:,-: V'jEC:-·; A HMJTIC AV¡::~·JlIE . CELRAY BEACH. FLORIDA 33444 ,1.-., ~ ':;.:l -:~ i 1 C C . f-- i. X ! 5 ~ ~; ? -~ 3 7 -F_' 1 r'¡; ¡i~~'1 ,--'q Rscv' i,?O ¡-l_ì:"('1 Preparer Infonnation Page 1 of 1 Overview Are you a member, or are you currently involved in the management, of the fire department or non-affiliated EMS organization applying for this grant with this application? Yes, I am a member/officer of this applicant If you answered No. please complete the information below and press the Save and Continue button. If you answered Yes, please do not complete the information requested below and press the Save and Continue button. Note: If you answered No to the above question. the fields marked with an . are required. Preparer Information * Preparer's Name * Address 1 Address 2 * City * State * Zip · Is there a grant-writing fee associated with the preparation of this request? If you answered yes above, what is the fee? $ https://portal.fema.gov/firegrant/jsp/fire2005/application/new _overview .jsp?view=print&p... 3/24/2005 Contact Information Contact Information Page 1 of 1 * Title Prefix " First Name Middle Initial " Last Name " Business Phone "Home Phone Mobile Phone/Pager Fax *Email " Title Prefix " First Name Middle Initial . Last Name " Business Phone "Home Phone Mobile Phone/Pager Fax "Email Alternate Contact Information Number 1 Fire Chief Mr. Kerry B Koen 561-243-7410 Ext. 561-368-5411 Ext. 561-441-2985 561-243-7461 koen@ci.delray-beach.fl.us Alternate Contact Information Number 2 Battalion Chief Mr. Gregory D Giaccone 561-243-7451 Ext. 772-597-6160 Ext. 772-215-4199 561-243-7461 giaccone@ci.delray-beach.fl.us https:/ /portal.fema.gov /firegrant/jsp/fire2005/applicationlcontact_ info.j sp?view=print&pri... 3/24/2005 :\pplicant Infonnation Applicant Information Page 1 of 1 · Organization Name · Type of Applicant · Type of Jurisdiction Served If other, please enter the type of Jurisdiction · Emgloyer Identification Number · Does your organization have a DUNS Number? If yes, please enter the DUNS Number Headquarters Physical Address · Physical Address 1 Physical Address 2 · City · State 'Zip Mailing Address · Mailing Address 1 Mailing Address 2 · City · State ·Zip Account Information · Type of bank account · Bank routing number - 9 digit number on the bottom left hand corner of your check ·Your account number Additional Information · For this fiscal year (Federal) is your jurisdiction receiving Federal funding from any other grant No program that may duplicate the purpose and/or scope of this grant request? · If awarded this grant, will your jurisdiction expend greater than $300,000 in Federal share funds during the Federal fiscal year in which the grant was awarded? · Is the applicant delinquent on any federal debt? No If you answered yes to any of the additional questions above, please provide an explanation in the space provided below: Delray Beach Fire-Rescue Department Fire Department City 59-6000308 Yes 077283737 501 West Atlantic Avenue Delray Beach Florida 33444 - 2555 Need help for ZIP+4? 501 West Atlantic Avenue Delray Beach Florida 33444 - 2555 Need help for ZIP+4? Checking 063100277 1450001018 No https:/ /portal.fema.gov/firegrant/j sp/fire2005/application/applicant_info.j sp?print=true&vi... 3/24/2005 Fire Department Characteristics (part I) Department Characteristics (Part I) Page 1 of2 · Are you a member of a Federal Fire Department or contracted by the Federal government and solely responsible for suppression of fires on Federal property? · What kind of organization do you represent? If you answered combination, above, what is the percentage of career members in your organization? · What type of community does your organization serve? · What is the square mileage of your primary response 17 area? · What percentage of your response area is protected by hydrants? · In what county/parish is your organization physically located? If you have more than one station, in what county/parish is your main station located? · Does your organization protect critical infrastructure of the state? · How much of your jurisdiction's land use is for agriculture,-Wild land, oþenspace, or undeveloped properties? · What percentage of your jurisdiction's land use is for commercial, industrial, or institutional purposes? · What percentage of your jurisdiction's land is used for residential purposes? · How many commercial, industrial, residential, or institutional structures in your jurisdiction are more than four stories tall? · What is the permanent resident population of your Primary/First Due Response Area or jurisdiction served? · How many active firefighters does the department have who perform firefighting duties? · How many personnel provide only EMS service delivery? · How many stations are in your organization? · Do you currently report to the National Fire Incident Reporting System (NFIRS)? If you answered yes above, please enter your FDIN/FDID No All Paid/Career % Urban 100 % Palm Beach Yes 1% 22% 77% 137 68175 137 o 6 Yes 06172 · What services does your organization provide? Structural Fire Suppression Medical First Response Wildland Fire Suppression Basic Life Support Advanced Life Support Hazmat Operational Level Hazmat Technical Level Rescue Operational Level https://portal.fema. gov/frregrant/jsp/fire2005/application/ gen _ ques.j sp?view=print&print=t... 3/24/2005 ~ire Department Characteristics (Part I) Page 2 of2 Rescue Technical Level https://portal.fema.gov/firegrant/jsp/fire2005/application/ gen _ ques.jsp ?view=print&print=t... 3/24/2005 pepartment Characteristics (Part II) Department Characteristics (Part II) Page 1 of2 " What is the total number of fire-related civilian fatalities in your jurisdiction over the last three years? "What is the total number of fire-related civilian injuries in your jurisdiction over the last three years? " What is the total number of line of duty member fatalities in your jurisdiction over the last three years? "What is the total number of line of duty member injuries in your Jurisdiction over the last three years? . In an average year, how many times does your organization receive mutual/automatic aid? " In an average year, how many times does your organization provide mutual/automatic aid? " What was your organization's estimated average annual operating budget over the last three years? " What percentage of your annual operating budget is dedicated to personnel costs (salary, overtime and fringe benefits)? " What percentage of your annual operating budget is derived from: Enter numbers only, percentages must sum up to 100% Taxes? Grants? 1 13 o 31 15 16 15932911 84% 75% t% Donations? 0 % Fund drives? 0 % Other? 24 % Approximately 24% of the operating budget If you entered a value into Other field (other than 0), please explain is derived from contracting services to smaller surrounding communities, EMS transport fees, and other revenues. "How many vehicles does your organization have in each of the categories below? Enter numbers only and enter 0 if you do not have any of the vehicles below Engines (or pumpers): Pumper, Pumper/Tanker, Rescue/Pumper, Foam Pumper, CAFS Pumper, QUint (Aenal device of less than 76 feet), Fire Boats (more than 13 feet long), Type I, Type II, Type III Engine, Tanker, Tender, Foam Tanker/Tender (greater than 1,200 gallon tank capacity) Aerial Apparatus: Aerial Ladder Truck, Telescoping, Articulating, Ladder Towers, Platform, Tiller Ladder Truck, Quint (Aerial device of 76 feet or greater) Brush/Quick attack: Brush Truck, Patrol Unit (Pick up w/ Skid Unit), Quick Attack Unit, Mini-Pumper, Type IV Engine Rescue Vehicles: Rescue Squad, Rescue (Light, Medium, Heavy), Technical Rescue Vehicle, Hazardous Materials Unit Other: EMS Chase Vehicle, Air/Light Unit, Rehab Units, Bomb Unit, Technical Support (Command, Operational Support/Supply), Hose Tender, Salvage Truck, ARFF Total Number 6 3 1 10 o https://porta1.fema.gov/firegrant/jsp/fire2005/applicationl org_ char.j sp ?view=print&print=t... 3/24/2005 pepartment Characteristics (Part II) Page 2 of2 (Aircraft Rescue Flrefighting), Command/Mobile Communications Vehicle, Other Vehicle Provide in the space below the following information only if you are applying for a vehicle: If you have 15 emergency response vehicles or less, list all vehicles providing the type, the age, the pump capacity (GPM) if applicable, and the carrying capacity (gallons) if applicable. If you have more than 15 emergency response vehicles, provide us with the oldest, newest, and the average age of the vehicles per type or class of vehicle. https://portal.fema.gov/firegrantJj sp/fire2005/application/org_ char.j sp ?view=print&print=t... 3/24/2005 pepartment Call Volume Page 1 of 1 Department Call Volume . How many responses per year by category? (Enter whole numbers only If you have no calls for any of the categories. enter 0) Structural Fires 75 Vehicle Fires 75 Vegetation Fires 54 EMS Response Call 9741 Rescue 104 Hazardous Condition/Materials Calls 412 Service Calls 558 Good Intent Calls/False Alarms 991 Other Calls and Incidents 47 https://portal. fema.gov/firegrant/j sp/fire2005/applicationlresponse.jsp?view=print&print=tr... 3/24/2005 ~equest Information Page 1 of 1 Request Information * 1. Select a program for which you are applying. Remember, you can only apply for one program this year. You can apply for as many activities within a program as you need. (If you modify your selection, you will lose data entered under the onglnal activity ) Program Name Operations and Safety * 2. Will this grant benefit more than one organization? No If you answered Yes to Question 2 above, please explain. https://portal.fema. gov/firegrant/j sp/frre2005/application/requestdetails/requestInfo.jsp ?pri... 3/24/2005 Request Details Request Details Page 1 of 1 The activities for program Operations and Safety are listed in the table below. Activity Equipment Modify Facilities Personal Protective Equipment Training Wellness and Fitness Programs Number of Entries Total Cost 1 $ 103,998 0 $0 0 $0 0 $0 0 $0 Additional Funding Action $ 0 View Details View AdditIonal Funding $ 0 View Details $ 0 View Details View Additional Funding $ 0 Yiew Detal!.~ $ 0 View Details https:/ /portal.fema.gov/firegrant/j sp/fire2005/application/requestdetails/activitySummary.j s... 3/24/2005 ~roj Details Page 1 of 1 Request Details Equipment Item Base Station Number of units 6 Cost per unit $ 17,333 Total Cost Action $ 103,998 View Details https://portal. fema.gov/firegrant/j sp/frre2005/application/requestdetails/activityDetails.jsp?.. 3/24/2005 Equipment View Equipment Page 1 of 1 Equipment Details *1. What equipment will your organization purchase with this grant? Please provide further description of the item selected above or if you selected Other above, please specify. *2. Number of units *3. Cost per unit *4. Generally the equipment purchased under this grant program: Base Station We are seeking funding to purchase a fire station alert system. The package includes a repeater with associated hardware, control (base) stations and hardware, dispatch system with hardware and software, and the fire station alerting units with associated hardware and software. 6 (whole number only) $ 17333 (whole dollar amounts only) Will replace old, obsolete, or substandard equipment currently owned by this organization If you selected "replacing equipment" (from Q4) above, please specify the age of equipment in years. *5. Generally the equipment purchased under this grant program: Will bring the organization into. vohmtary-compliance with a national standard. Please explain how this equipment will bring the organization into voluntary compliance in the space provided to the right. *6. Does this equipment provide a health and safety benefit to the members of your organization? If yes, please fully explain in the narrative section. *7. Will the item requested benefit other organizations or otherwise be available for use by other organizations? If you answered Yes in the question above, please explain: Ii1 ~ ~ . .... ~ ;, jtIJ).,.'"i.~ ~A'¡:~IYJb}¡',', Over 5 Years All of the equipment to be purchased is fully compliant with the requirements of NFPA 1221 for "Acknowledging Receipt of Dispatched Alarms". Ves No This fire station alert system features a tone-out that starts out at a low level and steadily becomes louder over a user defined period of time. This feature allows tire fighters to be awakened without unnecessarily startling them during night alerts. The system also has control relays that turn on the station lights and secure the kitchen range thereby reducing the chance of an accidental fire at the station. https:/ /portal.fema.gov/firegrant/j sp/fire2005/application/requestdetails/equipmentload.do?.. 3/29/2005 Budget Budget Page 1 of 1 Budget Object Class a. Personnel b. Fringe Benefits c. Travel d. Equipment e. Supplies f. Contractual g. Construction h. Other i. Indirect Charges Federal and Applicant Share Federal Share Applicant Share Federal Rate Sharing (%) . Non-Federal Resources (The combined Non-Federal Resources must equal the Applicant Share of $ 20.799) a. Applicant b. State $0 $0 $0 $ 103,998 $0 $0 $0 $0 $0 $ 83,199 $ 20,799 80/20 $ 20799 $0 $0 $0 c. Local d. Other Sources If you entered a value in Other Sources, include your explanation below. You can use this space to provide information on the project, cost share match, or if you have a indirect cost agreement with a federal agency. Total Budget $ 103,998 https:/ /portal.fema.gov/firegrant/j sp/fire2005/applicationlbudget_ total.j sp?view=print&pri... 3/24/2005 Narrative Statement Page 1 of2 Narrative Statement Project Description * Please provide your narrative statement in the space provided below. Include in your narrative, details regarding (1) your project's description and budget, (2) your organization's financial need, (3) the benefit to be derived from the cost of your project, and (4) how the activities requested in your application will help your organization's daily operations and how this grant will protect life and property. Project Description: Fast and efficient dispatching of emergency units and personnel is a basic element of the emergency response system that achieves the goal of a timely response to emergency incidents. One of the components of the dispatch system is the tone alert equipment used to notify the personnel in the fire station that they need to respond to an emergency call. This project will provide funding to replace the radio communications and tone alert equipment along with associated software that is used to dispatch the apparatus and personnel at the six fire stations located in the City of Delray Beach and the Town of Highland Beach, Florida. Our present mission-critical tone alert system was built using parts and components from Radio Shack by our communications vendor. The individual who designed and assembled the timing interface between the station radios and the public address amplifiers no longer works for the company and their current technicians have had numerous problems fixing the equipment. Bottom line, this equipment is unreliable and its failure could go unrecognized at a critical time and result in a delayed response to an emergency incident. We are requesting $83,199.00 (Federal Share) to install a seamless communications and tone alert system at all of our fire stations. Financial Need: The $104,000.00 total cost for this equipment significantly exceeds the Delray Beach Fire-Rescue Department's capital equipment budget, which has been approximately $60,000 per year for the past ten (10) years and is not expected to increase in the next three to five years. If we were to try to fund this equipment improvement from our budget, it would take a minimum of five years to purchase and install it. Dedicating our entire capital equipment budget to this project would also require us to postpone indefinitely much-needed replacement of some of our self-contained breathing apparatus and vehicle extrication equipment that is nearly 15 years old. This is also not the type of equipment that could be installed in one station per year for example to spread out the cost over a five or six year period. The system must be installed at all six stations at the same time because there are components that are required in the communications center that are used to alert the stations. The section (Department Characteristics - Part II) of this grant application that requested information about the funding sources of our annual operating budget did not include an option for revenue generated by Fire-Rescue Department services. At this time, EMS transport fees and inter-governmental contract services to smaller communities outside of our city limits fund 24% of our budget. With almost one-quarter of our funding from these somewhat fixed income sources, it is even more difficult to generate additional money to pay for these needed capital equipment improvements. Additionally, a high percentage of our elderly population is also on a fixed income and the option of raising taxes to pay for this equipment is also severely limited. Cost/Benefit: The proposed system is designed to make emergency call dispatching and receiving a reliable process that will ensure a timely and accurate transfer of information from the dispatch center to the fire stations. The systems we have reviewed also perform background polling to ensure the integrity of the communications medium and the transponders. This polling meets the requirements of NFPA 1221 for "Supervision of Dispatch Circuits" which is also considered in the ISO Grading Schedule. Another benefit of the proposed system is a tone-out that starts out at a low level and steadily becomes louder https:/ /porta1.fema.gov/firegrant/j sp/fire2005/application/narrative.jsp?view=print&print=t... 3/24/2005 Narrative Statement Page 2 of2 over a period of time. This feature allows fire fighters to be awakened without unnecessarily startling them during night alerts. This will reduce the stress produced by a sudden awakening and should lower the risk of stress induced illness thereby reducing health care costs. The system also provides additional features that reduce costs such as control relays that turn on the station lights, secure the kitchen range, raise the bay doors, or perform other functions that will reduce response times. These features will save time, reduce injuries and accidents as well as assist in preventing a potential fire in a fire station facility. This program would be beneficial to the community and the department by increasing the effectiveness of the public safety communications system and improving emergency personnel safety. Statement of Effect: This project will provide the department a reliable dispatching service that is not dependent on homemade equipment that has become difficult to maintain. It will reduce emergency call processing times in the dispatch center because alerts are initiated with a single press on the control/status panel. A data packet signaling the alert is transmitted to the designated fire station printer in less than 1/10 of a second. The alert is automatically acknowledged and if the alert is not received on the first transmission, it is immediately resent up to four times to ensure its successful receipt. There will also be a reduction in turnout times by automatically turning on lights and opening apparatus bay doors. Both of these improvements will assist in meeting the performance objectives identified in NFPA 1710: Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments. We feel that we are the type of Department that the Fire Act is supposed to help. The demands on our department are increasing disproportionately to our tax revenues and we have done everything within our power to generate other sources of income. We appreciate your support and would like to express our gratitude for the opportunities the grant program provides. * Please describe any grants that you currently have with DHS including the AFG, for example, 2002 AFG grant for vehicle or 2003 ODP grant for exercises. (Enter "N/A" if Not Applicable) N/A https:llporta1.fema.gov Ifiregrantljsp/fire2005/application/narrative.j sp?view=print&print=t... 3/2412005 Assurances and Certifications Page 1 of7 Assurances and Certifications Form 20-16A You must read and sign these assurances by providing your password and checking the box at the bottom of this page. Note: Fields marked with an * are required. Assurances Non-Construction Programs Note: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted -al:counting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290-dd-3 and 290-ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and ü) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title II and III of the Uniform https:/ /porta1.fema.gov/firegrant/jsp/fire2005/application/assurances _forms _ combined.jsp?... 3/24/2005 Assurances and Certifications Page 2 of7 Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. Sections 276a to 276a- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for Federally assisted construction sub agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuantto EO 11738; (c) protection of wetlands pursuantto EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. Section 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93- 523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 19. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. https:/ /portal.fema.gov/firegrant/jsp/fire2005/application/assurances _ fonns _ combined.j sp?.. 3/24/2005 Assurances and Certifications Page 3 of7 Signed by John Tomaszewski on 03/24/2005 https://portal.fema.gov /frregrant/j sp/frre2005/application/assurances _ fonns _ combined.j sp?.. 3/24/2005 Assurances and Certifications Page 4 of7 Form 20-16C You must read and sign these assurances by providing your password and checking the box at the bottom of this page. Note: Fields marked with an * are required. Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters and Drug-Free Workplace Requirements. Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbymg; and 28 CFR Part 17, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Homeland Security (DHS) determines to award the covered transaction, grant, or cooperative agreement. 1. Lobbying A. As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons (entering) into a grant or cooperative agreement over $100,000, as defined at 44CFR Part 18, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement and extension, continuation, renewal amendment or modification of any . FedeFal grant or cooperative agreement. - - - - - - - - - - - - - - - (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all the sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements and sub contract(s» and that all sub recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510-A, the applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or perform a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of https:/ /portaLfema.gov/firegrant/jsp/fire2005/application/assurances _ fonns _ combined.j sp?... 3/24/2005 Assurances and Certifications Page 5 of7 this certification: and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug-Free Workplace (Grantees other than individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 44CFR Part 17, Subpart F, for grantees, as defined at 44 CFR part 17, Sections 17.615 and 17.620: (A) The applicant certifies that it will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantees policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs; and -(4) Tl'1e -penalties that may-be imposed-upen employees for -dAIQ abuse- violations occurring in the workplace; - - - - - - - (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph (d}(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the applicable DHS awarding office, Le. regional office or DHS office. (t) Taking one of the following actions, against such an employee, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (t). https:/ /portal.fema.gov/firegrant/jsp/fire2005/application/assurances _ fonns _ combined.jsp?... 3/24/2005 Assurances and Certifications Page 6 of7 (8) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance Street City State Zip Action If your place of performance is different from the physical address provided by you in the Applicant Information, press Add Place of Performance button above to ensure that the correct place of performance has been specified. You can add multiple addresses by repeating this process multiple times. Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for DHS funding. States and State agencies may elect to use a Statewide certification. Signed by John Tomaszewski on 03/24/2005 https:/ /portal.fema.gov/firegrant/jsp/fire2005/application/assurances _forms _ combined.jsp?... 3/24/2005 Assurances and Certifications Page 7 of7 FEMA Standard Form LLL Only complete if applying for a grant for more than $100,000 and have lobbying activities. See Form 20-16C for lobbying activities definition. This form is not applicable https:/ /porta1.fema.gov/firegrant/j sp/fire2005/application/assurances _ fOnTIS _ combined.jsp?... 3/24/2005 Date: 03/30/2005 AGENDA ITEM NUMBER: Y;i AGENDA REQUEST Request to be placed on: _X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda ~en: 04/05/2005 Description of agenda item (who, what, where, how much): Approval of Fire Act Grant Application in the amount of $83.199.00. If the grant is awarded to the Qty. our match will be $20.799.00. and we will be requesting this amount in our Fiscal Year 2005-06 budget request. !Jß- ~ - .k Department Head Signature: V ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes/No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:@ / No Initials: Hold Until: ~ì- Agenda Coordinator Review: Received: MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER 07t1 SUBJECT: AGENDA ITEM # ~'< REGULAR MEETING OF APRIL 5, 2005 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: APRIL 1,2005 Attached is the Report of Appealable Land Use Items for the period March 14, 2005 through April 1, 2005. It informs the Commission of the vanous 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 flie the report as appropriate. S \Clty Clerk\agenda rnemos\apagmem 04 05 05 CITY COMMISSION DOCUMENTATION FROM: DAVI~~I;V MANAGER PAUL DORUÑG: DIBfcTOR O~ PLANNING AND ZONING JASMIN ALLEN, PLANNER!ao/h,./1 ~ MEETING OF APRIL 5, 2005 *CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS MARCH 14,2005 THRU APRIL 1, 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 March 14, 2005 through April 1, 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 MARCH 21, 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 (5 to 0, Charles Walker and Joseph Pike absent), of an Interlocal Agreement between Palm Beach County and the City of Delray Beach in conjunction with the proposed annexation of seven enclaves within Country Club Acres, located on the east side of Military Trail, south of West Atlantic Avenue. · Recommended approval (5 to 0), of a voluntary annexation for 15 parcels and annexation via the provisions of executed water service agreements for 31 parcels within Country Club Acres, located on the east side of Military Trail, south of West Atlantic Avenue. · Recommended approval (5 to 0) of a City initiated corrective Future Land Use Map amendment from CF (Community Facilities) in part and LD (Low Density Residential 0-5 dulac) in part to LD (Low Density Residential 0-5 dulac) and rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential) for properties located on SE ih Avenue, approximately 145 feet south of SE 2nd Street. City Commission Documentation Appealable Items Meeting of April 5, 2005 Page 2 · Postponed (5 to 0), the conditional use modification request to allow an outdoor truck storage area for Casale Marble Imports, a monument and ornamental stone cutting facility, located at the southwest corner of SW 1 ih Avenue and SW ih Street. · Recommended approval (5 to 0), of an amendment to the land Development Regulations Section 4.3.3 (V) "Uses Involving Alcoholic Beverages" regarding stand alone bars. · Recommended approval (5 to 0), of an amendment to the land Development Regulations Section 4.4.11 Neighborhood Commercial (NC) increasing the floor area limitation for banks and financial institutions. · Recommended approval (5 to 0), of an amendment to the land Development Regulations Section 4.5.1 (C)(5) "Designation Procedures" regarding the freeze period on the issuance of building permits during the creation of a historic district. · Recommended approval (5 to 0), of an amendment to the land Development Regulations Section 4.4.6 RM (Medium Density Residential) zoning district modifying the development standards in conjunction with the implementation of the Southwest Area Neighborhood Redevelopment Plan. · Recommended on a 5 to 0 vote that the City Commission initiate Comprehensive Plan Amendment 2005-1. Other Items · The Board considered the list of major issues to be addressed in the upcoming EAR (Evaluation and Appraisal Report). SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MARCH 23, 2005 A. Approved (6 to 0, Dan Carter absent), a request for a color change CVS Pharmacy, located at 1690 South Federal Highway, located at the northwest corner of Linton Boulevard and South Federal Highway. B. Approved (5 to 0, Jose Aguila stepped down), a Class I site plan modification associated with façade changes for Village Grande, a proposed townhouse development located on the east side of NE 4th Avenue, north of Atlantic Avenue (65 NE 4th Avenue). C. Approved with conditions (6 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). D. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan for Weatherspoon Car Wash, located on west side of North Federal Highway, approximately 1,600 feet south of Gulfstream Boulevard (2210 North Federal Highway). Concurrently, the Board approved an internal adjustment to reduce the minimum drive aisle to 20 feet for two way traffic flow. City Commission Documentation Appealable Items Meeting of April 5, 2005 Page 3 E. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 3,228 sq. ft. bank with detached drive-thru facility for Sterling Bank, located at the southwest corner of SE 9th Street and SE 6th Avenue (northbound Federal Highway). F. Approved (6 to 0), a Class V site plan and landscape plan associated with the construction of a 6-unit multiple family development for Ocean Terrace Townhomes, located on the west side of Palm Trail, approximately 172 feet north of Bond Way. The Board postponed the architectural elevations and requested that the applicant provide variation in the roof line, additional trim colors and consider flipping unit "A" or a stairwell. HISTORIC PRESERVATION BOARD MEETING OF MARCH 16,2005 1. Postponed (7 to 0), a request for a Certificate of Appropriateness associated with the replacement of windows for Sodi Office, located on the north side of NE 4th Street, between Swinton Avenue and Seacrest Boulevard. The Board requested that the applicant provide samples of the aluminum windows proposed by the applicant and the aluminum clad wood windows as recommended by the Board. Other Items · The Board established on a 7 to 0 vote the public hearing date of April 6, 2005, for the designation of an individually listed property "The Hartman House" located at 302 NE ih Avenue to the Local Register of Historic Places. · Recommended approval to the Planning and Zoning Board (7 to 0), of a City initiated corrective FLUM amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential) for properties at 214,218 and 222 SE ih Avenue. · Recommended denial (7 to 0), of an amendment to the Land Development Regulations Section 4.5.1 (C)(5) "Designation Procedures" regarding eliminating the freeze period on the Issuance of building permits during the creation of a historic district. The Board felt that the regulation currently in effect should be modified to state that during the designation process in order to obtain a permit, the applicant should process a Certificate of Appropriateness application as if the property was in a designated historic district so as to allow the property to be reviewed under the design guidelines and approval by the Historic Preservation Board. This would enable the property owner to continue through the review process rather than being put on hold. If the applicant does not choose this option, the building permit would not be issued until a decision is made concerning the historic designation. RECOMMENDED ACTION By motion, receive and file this report. Attached: Location Map CI7Y OF DELRAY BEACH, FLORIDA - City Commission Meeting - APRIL 5, 2005 l -30 CANAL Lu ::> I '" ~ I ... ~ ~ ~ (3 =! '"' ~ .-J is w f- r' '" >- §¡ Q: I '" i:!: :::¡ Q ¡¡¡ ë§ IDA Q: LAKE G ¡:: '" ü ::> §¡ LAKE ~4 0 0:: '" Cð¡ ROAD I r- - ,-- L___---.J--, ~ '" I r- - I '" / I / L_ L__ --_____...1 SW 2IIOST '-, ATLANTIC r'--! I In I :!ii:: wl¡ L _ _ J ~ ~ ~ ... ... L ~ ~ .... .... ~ ;;:: ;;:: ~ ~ '" '" =! Lu ~ :5 0 .... '" LOWSOII BOULEVARD 10TH ST .... .... Q ~ :!ii:: >- 0 ... ~ Q: ~ ~ 0:: i:!: Lu Q:: ...... ~ ::; .... 0 ;;:: '-' :I: Lu ~ LINTON BOULEVARD '" "- I ~1 "" °lO LINTON BLVD ì Gt'Jj>Æ L_ I !;'-4N¡-O~ I q, I >- I ~ I I ß L__-.J ~ ~ '" ~ '" f!! .... ~ (3 Q: Q C> '? ,.. Lu 0 U l -38 CANAL C-15 CANAL ~ ------------------------ SPRAB A. CVS PHARMACY B VILLAGE GRANDE C. MAROONE NISSAN o WEA THERSPOON CARWASH E. STERLING BANK F OCEAN TERRACE TOWNHOMES HEß 1 103 NE 4TH STREET - - - - - CTY L'Mlrs - - - - - ONE MILE GRAPHIC SCALE CITY OF DElRA Y BEACH. Fl PLANNING & ZONING DEPARTMENT NOVEMBER 2004 - - DIGITAL BASE MAP SYSTEM -- MEMORANDUM TO: FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER ~ AGENDA ITEM # ~z.. - REGULAR MEETING OF APRIL 5,2005 AWARD OF BIDS AND CONTRACTS SUBJECT: DATE: APRIL 1,2005 This is before the City Commission to approve the award of the following bids: 1. Purchase award to Noritsu America Corporation in the amount of $40,216.00 for the purchase, installation, and maintenance of a Noritsu Dry Digital Printer, Remote Digital Input Terminal, and accessories for the Police Department. Funding is available from 115-2112-521-64.11 (Special Projects Fund/Computer Equipment). 2. Purchase award to Sensus Metering Systems in the amount of $64,999.00 for the purchase of 500 1iXU transceivers and 5,000 gel caps for Phase II of the installation of 500 radio-read water meters in the area east of the Intracoastal. Funding is available from 441-5161-536-52.31 (Water/Sewer Fund/Water Meter Replacement). Recommend a.pproval of the above bids and purchases. S:\C1ty Clerk\agenda memo\B.d Memo 040505 Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 Joseph L. Schroeder Chief of Police 2004 MEMORANDUM TO: Mr. David Harden City Manager FROM: Tina L. Lunsford "lv"" Administrative Officer DATE: March 14, 2005 SUBJECT: AGENDA REOUEST The Delray Beach Police Department has requested that the attached agenda item go before the Commission on April 5, 2005 for approval. The Police Department, Crime Scene Unit is requesting to replace outdated equipment in their photographic darkroom in the amount of $40,216.00. The department is looking to purchase a Noritsu Dry Digital Printer which will replace the existing Color Comparator, Print Enlarger, Electronic Timer and Color Print Processor. Color print processing in the departments darkroom has become an odious and time consuming procedure because of the age and deterioration of the equipment. It may take over an hour just to calibrate the print colors close to natural before a roll of film can be printed and each roll must be calibrated. This printer will allow the department to print all photos taken at crime scenes without having to use an outside Photographic lab. Chief Schroeder has approved the purchase of the items with the Federal Forfeiture Account. Attached is the quote and sole source letter from Noritsu. The quote includes maintenance and installation of all equipment. Funding is available in 115-2112-521-64.11. Should you require further information, please contact me at ext. 7852. TLL/rmh Attachment Cc: Chief Schroeder Patsy Nadal Carolanne Kucmerowski Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence DELRAY BEACH F lOR I [: ~ ..... All-America City "IIE 1993 2001 ~:L.1 . ' . 1111111 ( . Government Sales & Marketing 8000 Towers Crescent Drive, Suite 1350. Tysons Corner. VA 22182-2700 Tel Q03) 821-0007 Fa."\: (703) 821-0164 Wednesday, November 17,2004 Delray Beach Police Department 300 West Atlantic Ave Del Ray Beach, FL 33444 Attn: Bill Jones (561)243-7888 ext. 669 JBøarlMr..~ Noritsu America Corporation is the exclusive sole source for the dDP-421 Dry Digital Photographic Printer in the United States manufactured by our parent company Noritsu Koki. Noritsu America Corporation utilizes no subcontractors, agents and/or dealers in the preformance of installation, service, qIPGntl (ID sales. øÎ. the dDP-421, ink cartridges, paper or accessories. (' nriiIlk~œdized in the dDP-421 are keyed (so cartridge installation mistakes cannot be made) and' configured' fur the dDP-421 for useage monitoring. Addtionally the inks are matched to the Micro- Porus Paper and no other inks and/or papers will function in the dDP-421. Afta J4mIP 1IBIwe reviewed this information and should have any questions and/or need additional iuG--...;;". please give us a call at (703) 821-0007. Sincerely, Noòtsu America Corporation Donald R McFall Government Sales Repre$ADt.ative Cc: Bill Fagan Terry Bennett Steve Cerrone ~~ DRM 11'17'2004 Noritsu .-\mi:rica CorporatiOlL Corporate Office 6900 Noritsu AYeDue. Buena Park. C.-\ 90622-5039 Tel (714) 521-9040 E~... 6364 Fax (714) 739-0143 MAR-14-2005 12:50 NORITSU GOVT SALES & MKTG 703 821 0164 P.02/04 ...nsl . ~ill11tGt Sales at MaP~ 8000 Towen Cæsec:at Drive, Suite 1350, Tysœs Comcr-, VA 22182-2700 Tel (703) 821-0007 Fax (703) 821-0164 Monday, Marcb.14. 200S Dekay B~~ PoIiœ ~ 300 West ~t1smtic Ave Del Ray Beach. FL 33444 Att:n: Sgt. TusIin (561 )243..7814 Dear Sgt. Tustin: Enclosed is a quotation you reqt1ested fur a dDP-421 DIy Digital Primer and related accessories. This quotatioo includes aU State, Local ... ~milipII di~ deducted. The dDP-421 Dry Digital PriDter is the 1atest in Dry Diøital tecbDology ufflC[ed by Noritsu America Corporation. There are DO cbemicaIs or hazardous materials to ~ , The dDP-421 wiD produce high qua1i1y photographic prints &om any digital source aDd can ~ scaJU1ed film images to produce prints ftom a 3.5" x 5" up to aDd iDc1udÌl18 12" x 18" priDts. After you have reviewed this information aDd should have any questions and/or need additional information pIeIse give us a caDit (703) 821 Q.X}7. SiDœrely, . R. McFaB ~~ SIJes~tl-uûve Cc: Bill Fagan Teny~œtt Steve Cerrone Gary YIoCODO DRM3I1~ Nañr.a ~ Cotp...oI '" ec.pc... (d.; d5IOO NariIIII A-. ~.... CA. geG2..50J9 Tel ('714) '21-S1(W() Ext. 6364 Fa ('714) 7Ø.01C MAR-14-2005 12:51 NORITSU GOVT SALES & MKTG 703 821 0164 P.03/04 ..In. . Gavwa.-:neŒ SaJcs It ~ 8000 Towers CrescaJt Drive, Saitc 1350, Tysœs Ccmer. VA 22182-2700 Td (703) 821-0007 Fax (703) 821-0164 QVOTA11ON .-...01 ., ....... ..... .,.... wJ(.T-DlD-I 1...mp..w Dry ....... P.M.- l-cr-2MD-l - ~I ........ .... Ta ~~ 129,746.81 5S,ItLØO I-f1DP-421 ~ :pn P."-- ....~~ 1- or,......,. ~_ I. OM-2 1- DIy PriDb:r: DP410 1- 1S-Iød1 Touch ScIoca ~ 1- CD-R/IlW DrM l-Mu1ti FnaDe Prha CraItiam SoIbrM'W 1- Oatl~ Vallie Priat Unit 1- NcJo-re..Iettab o--n 1- DaI PIper ~7Í1IIII! Sysacm 1- RibbaD. ('MUm looCanllClleada" CIaØD SGhatc 1- S SIal Card Iœader 1- Zip Drftoe UDit 1- C~ Kt:þaId 1- Hour Meter .WM Þ- ! 1..zlO9278.01 l-H07307~ 1-l1)73O'75.OO 1-8073078-00 I-P4870 l..zlO9949-04 ToIal !!Ii¡ 1~ 1-H086060-00 I-lDtQ)62.œ l-H086061~ I-HD86063-00 1~ l-ØOlæ6~ To&a1 .. fJSS T("'f~A y.~ 6" x 328 Feet (4ftJDWcaIc) GIo.y r x 328 Fcc:t (2 roIIIIcIIe) GIDDy 12'" x 328 Feet (2 !OIIsIcaIe) GbIy F1IIbed ~..~ Paper~ A (8j TftÇhwV4 $317.00 $244.00 5365.00 $449.00 SI.436.00 S2,8U.OO Black lilt ~ (8IQ (500 ml) Cyan IDk CanricIør; (BK) (500 ml) Yellow 1* Caltddøc (BIC) (500 ml) ~ ~. IDk CanricIør; (BI{) (SO() ml) Rtd IDk Oøb:klp (BK) (~ mI) VIGlct IDk CanricIør; (BK.) (SOO ml) a.r bit c.tridce (BK) (500 ml) $124.00 $124.00 $124.00 SI24.00 $124.00 $124.00 $124.00 $868.00 DRY 3I14/ZOœ ~ Amråi:IaCaIpaaItiN. ('.arparIMOØk1e: CiIJOO NarÎIIIIII A---,:a...... CA~5039 Till (714) S21~ ElL 6364 Fa (71.) 139-0143 MAR-14-2005 12:51 NORITSU GOVT SALES & MKTG 703 821 0164 P.04/04 1'.nII . Govcn.uedt Sales & ~ 8000 Towers CresceŒ DrM=, Suite 1350, Tysoœ Comer, VA 22182-2700 Tel (703) 821-0007 Fax (703) 821-0164 OUOTATlON' .-...at ..., ....... üIt 5) I wf cr·nø-l !i' -" I-dDP-421 DIy DiøiIal PriD* 1.cr -2Ml)..1Rcmafe Digital IDp¡t TcrmiDal $29,746.00 SS,091.00 $2,111.00 $868.00 $1,200.00 $500.00 $40,216.00 T~ $40,216.00 .A~ ~ p.rwifs IDk t8rÏdI8 WIIØIIIy (d[)P.421) .øridøe Wmauty (CI' -2MD-l) Sbb--TobIl ~~ Via Padded Vao. ,~ TOI8I Price i~ UIsIa11atinn 8tøini"l em,.. pa~ siIe. SWIdard WIIIJ8IIIy is IIÌIICty (90) œ,s18bar aDd OIIC (1) J'W,...8Ier (.~ øfn...1Winn .oridp Wammty exteods Labor to oœ 1bU yœr tile same as parts, Toll PIa: (BOO) ØodiDc acœss 'l'w=ty-ibut (24) bœr& a day, Seven (7) days a week, aad~.'C},&:·"(ll ~ Prices qIIOCCd are Net all SÞde. Loc:8l aDd ~.ftÍi'ÞpaJ Taxes d¡'ooutlll.. ~Ied ·PIcase DOle that priœ docs not .mclude any appInhIt sa.:. Loc::II. or ~...:.. ~I~ Taxa. Terms &R Net 30, FOB ~1tMÌnn Wi padded van. DIOI :IIl~ NoriI. ~c., ---.! - c.c.,a.. oaïrr. øao NcdIII A~ ø-. I'd. CA90fi22..~ Tal (714) 521-9040 BIt. Ð6of. Fd (714) 739-0143 TOTAL P.04 Date: March 29. 2005 AGENDA ITEM NUMBER: <6?.~ o<"~:;)~~~ '(- v 1I~y io\.~ AGENDA REOUEST Request to be placed on: Consent Agenda X Regular Agenda _ Workshop Agenda _ Special Agenda When: AprilS, 2005 Description of agenda item (who, what, where, how much): This is the cost associated with replacing Police Department's outdated dark room equipment which includes the Color Comparator, Print Enlarger, Electronic Timer and Color Print Processor with a Dry Digital Printer in the amount of $40,216.00. Purchase of this printer will allow the department to print all photos taken at a crime scene without having to use an outside Photographic Lab. Noritsu is the sole source vendor of this equipment. The equipment will be purchase with Federal Forfeiture funds account #115-2112-521- 64.11. ~epartm~Dt Head ~ dd 15~ Stgnature. )t..\~ (. IL . ; City Attorney Review/Recommendation (if applicable): Budget Director Review (requµ.ed on all items involving expenditure of funds): Funding Available:/ Yesj'No Initials: tt6 L/" Account Number íí 5 - Z-I {l- - r;Z /. (P (1- II Description f'ð fYl ¡) II k-,/ & '% {þl''µ ¡'1/lLvL-1 Account Balance: L/,t2.!l, ~7.3 C}D ~ Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:@>/ No Initials: Hold Until: ttJ1 i Agenda Coordinator Review: Received: MEMORANDUM To: David T. Hard~ City Manager Joseph M. saffo~ance Director From: Date: March 24, 2005 Subject: Agenda Request for Sensus Radio-Read Meter Equipment The Finance Department is now ready to implement Phase II of the installation of radio- read meters in the area east of the Intracoastal. In 2004, the City installed 800 radio-read meters in the beach area. All the problems we had initially have been resolved. Phase II will provide an additional 500 radio-read units and complete all meter routes east of the Intracoastal An agenda request is provided to purchase 500 MXU transceiver units and 5,000 gel caps from our sole source supplier, Sensus Metering Systems. Gel caps are required for each wire that is cut and several are needed for each installation. This vendor is considered sole source since they supplied the actual meters and will now provide the materials to convert these units to radio-read systems. Sensus Metering Systems has provided a cost of $128.25 each for the 500 MXU transceiver units and $0.1748 each for the S,OOO gel caps for a total cost of$64,999. This cost does not include installation which is perfonned by Line Tec, Inc. out of Boynton Beach and will be issued on a separate requisition. Please place this item on the AprilS, 2005 agenda for approval. ~;L.~ MEMORANDUM Memo To: Joseph Safford, Director of Finance Barbara Schooler, Utilities Customer Service Manager 8 s ~ From: Subject: Purchase of transceivers for radio read Date: March 24, 2005 We are requesting authorization to purchase 500 transceivers and 5000 gel caps from our sole source vendor Sensus Metering System for the second phase of the installation of radio read equipment for our water meters located on the beach. In fiscal year 2004 we installed 800 transceivers enabling a meter reader to complete the reads in approximately an hour and a half. This would normally take three meter readers an entire day to accomplish. These 500 transceivers will complete all the routes east of the intra-coastal. Lf1 Lf1 o 0 ....... ....... eo eo ~ ~ ....... ....... M M [:i] [:i] E-< E-< ¡:§ ¡:§ >< ¡:x¡ p:: g: H ,..:¡ [:i] ¡:¡ r- eo Lf1 r- ~ ~ o o o o o t<. 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I- ..",,~ ~c> ~~ th ~ ?p .v.... i6 -¡ <" Q ..,.~ /..... rh lb V' ~ ~ v~ ., III U Õ :> ;¡; ..I ~ i:2:; I: -0 =~-1 Date: AGENDA ITEM NUMBER: <67 .~ AGENDA REQUEST Request to be placed on: , Consent _\genda _ Regular _\genda _ Korkshop _\genda_ _ Special_\genda When: April 5, 2005 Description of agenda item (who, what, where, how much): Fm.IJ!ù l)~ P u-rn1L'llt b r~~lu~ ~tll1,l2 the '" ,Ie ""UfCl pUr(¡,I~~ 'If '10(1 .\l"\:l' tLlIbn'I\-~r~ .1I1d '1JIO(ll,d (,IP~ f, >1' IIbt,tlLltH 'll (If '100 LIt!H l-n'.ld l11eter" LIst (If th~· 111t1".I(' ',I"t,t!. l'h\:'" tnd. >1'. :.;~ n~u~ \ k tenn~ :"\ ~rl'l11". .t!n·,lt!~ h,I" :';t'bU" mtkr~ III pLH.T .md \\'111 nLld the "t Ikm" t( > ()11\ l rt th~ 111 t¡. rltlt, .-rut! "~,,t~ 111". 1Î1l pnù (If thlsl' ltlm~ I" ::;Ú-t I ì') t~ 'I' the ')(1(1 \I'\.l: tr.m,n 1\ tT, ,mt! ~~- + ~'()r the ').1100 ~l'1 C.lp" fur .1 t( )t.11 cu,t uf Sú+.!)()() Funt!" ,Irl hud~eted ,lI1d ,1\ .1ILlhlt 111 ¡((('1m t numhlT ++ I - '1 I (II ·'1V)- ')2..1 I ,( )pl'Lltll1~ ."-Uppl1l ,,- <-S~')O \\ .Iter .'dl'tLT~ ! ~epartment H~ ~ Signature: J.. ~ " City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding _\yailable: ~ No Ininals: 5.> _\ccount Number 't'"i \ - ~,.. \ - r "1 a- - 5 Z, . 3 DescriptlOn <:. ; '15"0 ~ o.rr~ 'M.£~--; _\ccount Bahmce: ... ,£ ðOO I Funding Alternatives: N)p\ (if applicable) City Manager Review: Approved for Agendæ @/ No InítiaIs,~ Hold Until: Agenda Coordinator Review: MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~. 't\. \\ - REGULAR MEETING OF APRIL 5, 2005 DELRAY BEACH LIBRARY CHANGE ORDER NO. 42/BSA CORPORATION TO: SUBJECT: DATE: APRIL 1, 2005 This is before Commission to approve the Delray Beach Library Change Order No. 42 between the Delray Beach Library and BSA Corporation in the amount of $315,018.00 for modifications associated with the Library Project. Change Order No. 42 was delivered along with a check for $955,242.00 which covers the change order and previous unfunded Delray Beach Library obligations. The change order does not reflect the savings from City ordered materials or contingencies. Funding is available from 334-3552-571-62.10 (General Construction Fund/Buildings). Recommend approval of the Delray Beach Library Change Order No. 42 in the amount of $315,018.00 for the Library Project. S:\Clty Clerk\agenda memos\Lbrary Change Order BSA Corp 040505 '~SA II GENERAL CONTRACTORS CONSTRUCTION MANAGERS 9 NE 2nd Street Delray Beach, FL 33444 (Phone) 561-272-6350 (Fax) 561-272-7440 CORPORATION CONTRACT CHANGE ORDER II Project Name: Delray Beach Public Library Owner: Delray Beach Public Library Association, Inc. 29 SE 4th Avenue Delray Beach, FL 33483 (Phone) 561-369-8900 (Fax) 561-369-4467 I I Date: 02/23/05 Change Order No.: 042 Contractor Project No.: J0406 Architect Project No.: 810045.000 'I II i Quote No. II Change Order Description Amount I: II 8059 ; J Cost associated with modifications made to the 100% design documents in accordance with COP $315,018 118059. [I I I ! II I Total Extension of Time to Date Original Contract Completion Date Revised Completion Date Days o Days o Days 08/02/05 08/02105 Original Contract Amount Total Previous Change Orders Contract Amt. Prior to this C.O. Total This Change Order Current Contract Amount $7,096,278 -$1,631,484 $5,464,794 $315,018 $5,779,812 Extension of Time This Change Order Previous Extensions of Time I I . OWNER CONTRACTOR ARCHITECT Perkins & Will By: By: Owner'~MM~A~1tt æ Carlos Chiu Date: Date: ø ~ . tJ:? . . T~r hereby reserves its right to claim additional time andlor monies for the cumulative impact of project changes. Dar. -~-l(~ '1' : · . frBSA GENERAL CONTRACTORS "fI B~ CONSTRUCTION MANAGERS CHANGE ORDER PROPOSAL NUMBER DATE: EXPIRATION DATE: CORPORAl ION DELRA Y BEACH PUBLIC LIBRARY PROJECT J0406 TO: Norman Shapiro Delray Beach Public Library Association, Inc. 29 SE 4 Avenue Delray Beach, FL 33483 TIME EXTENSION REQUIRED BY THIS CHANGE: 8059 2/23/2005 2/28/2005 N/A DESCRIPTION Cost associated with changes identified on the attached Change Summary dated 2/23/05. Changes reflect modifications made on 100% design documents. Clarifications: 1. All costs include a 6% tax on materials and not the 6 1/2% recently invoked by the State of Florida. 2. No provisions have been made for the linear diffuser shown on the west side of the structural wall above stairway #2. VENDOR BSA Corporation DESCRIPTION Changes as described on attached Change Summary SUBTOTAL INSURANCE BOND SUBTOTAL ~5% FEE TOTAL THIS CHANGE 1.0% 1.0% AMOUNT $287,266 $287,266 $2,873 $2,901 $293,040 $21,978 $315,018 APPROVAL CONS UTES AUTHORIZATION FOR BSA CORPORATION TO PROCEED WITH THE DESCRIBED WORK FOR THE TOTAL U P Owner/ ~r:1-'1,.- ~ - t/ .6 f -~ DATE Change Order Proposal 8059 Delray Beach Public Library 2/23/2005 Change Summary r:SA ( OLU'ORAIION GFNFRAL CONTRACTORS CONSTRUCTION MANAGFRS Item Description Total Cost 1 Add signage and striping at SW 2nd Avenue as shown on sheet C1 and C2 revised 5/24/04. :2 Modify paver walkway atwest building entrance as'shown on sheetA102 revised 5/7/04. 3 Modify landscaping at west building entrance as shown on sheet L 1 revised 5/7/04. 4' Modifiírrigation at west bu¡'ldTng entrance and swale aš'šhow'n' on sheet If 'revised 5/7/04. 5 Provide one set of anodized aluminum handrails as shown an è1' revised 5/24/04. Rail details to be similar to 4/A101. ~_ ~" ,~~_ '^~ ~N_'_' ~ ~N~~' ,~_, ~,_~_~ ~~ ~ ,~... ~= hV~ VVY'_"V", 6 Add railing at roof hatch as shown on A203 revised 5/7/04 7 Add and mod'ify' sun 'shade braékets above south'bufld'fngen'trâ'néë' between column lines C & D as shown on A301 revised 8/27/04. ., ~" ,__. ~ ~._ , ._~Û^ _~y_ ,_. ._^~,~_ .., _"' _,' ,. ~ , ,~" ~. 8 Provide 12 benches at north building plaza as shown on sheet A 102 revised 5/7/04. Benches shall be Sitecraft T100, 22"x72" with 3 arm rests, with ipe wood. $1,700 $400 . .<$214) $500 $3,000 $750 $0 ^~hh^ _~__ ___,,- ___~__"~~^_ '>^~~ hh=~~__'h~_hN~^~_~_~~'Vh'___ >___.____ -_h__ _____~~~__,_ ,.~~~~^ , _~,2,,~L1 . , ". _ .." ~~ !-~6º $1,218 $4,500 ___~_~c!<! tw~,!rash_can.~J>~! speçlf~~!!QrI~H_'_'_'N' N__' _ .-0_ . .,. JO Add on~bi~e ~açk,.p~.r s.p~cifig1iitÍ9r1s. . "' " , __., " 11 Part A of this change: Change door 122B from hollow metal to storefront-Storefront ^~ ,~ 12 Part B of this change: Change door 122B from hollow metal to storefront-Hollow metal credit ".~ _.~., A^" ^' U^' '" . 13 Part C of this change: Change door 122B from hollow metal to storefront-Paint credit ($470) . ._ ..,.(~ 1 ?O} A_A ^~ ~h _. ^____~>~~_~ ~~~~_ ~_~h~~h.~ _~ h h~_~_~_'~ _ _ ~__. ~~,__ ~~ _ ~~ ~_~__ ,~_,~_ ~___ _,^__ ~~v __~_~_~ ~ .~_~ ~~~ ~^~~A__ 14 Add a transom to storefront door 100B, 103 and 120 (this work was previously _, _.._ .. ____,~~_qLl!q,e~n,E_ha!!9~_oT~~T_1L_"'.~...n,..__,~._.~__....__ __~.~.__ . _~ 5 ,t-.~d, p~ni~_~.~~d~~~~"to_ ~~C?!~..1 0º13_~ 1.º3..1ii! ~QC:>~E!.~!1^^~C:>0~~cb~~u-,~. ,_. 16 Part A of this change: Use storefront systems in lieu of hollow metal frames and \#food doors a! offi~~s_2.~O,21.~!, 21!5, 21~! ~,1,ª,,2?-º:.ª10~~fr9.nt ".. 17 Part B of this change: Use storefront systems in lieu of hollow metal frames and wood doors at offices 200,214,215,216,218, 220-Hollow metal and wood door ____.____ cre-91L___ ________~_,____.__ ($~!_1?,!1 18 Part C of this change: Use storefront systems in lieu of hollow metal frames and wood . ..._..d09rs a.t. ~ffi_c;~!)_2.QQ!.~.!.'!L.?15 2.. ~ 16!} 1 ª, 220-Paint/Stain cred it 19 Part A of this change: Delete drywall partition with door between rooms 208 and 218 as shown on sheet A202 ~evised 8/27/04-Drywall credit 20 Part B of this change: Delete drywall partition between rooms 208 and 218 as shown on sheet A202 revised 8/27/04-Door & hardware credit ,. ^ ,,<~. µ_~~~<~A~"'~ ~A _~._µ"_ ..~ ~v V'V v=~~. ~_,_~__..., ~- ~,_,~"-" vv 'v 21 Part C of this change: Delete drywall partition between rooms 208 and 218 as shown on sheet A202 revised 8/27/04-Paint credit ,~_~~~__~__~^--_'__~_~A^___'-____A~-A~~_~_~~_~ ^~,__~~_~'v ~,~~~~_^A^~~~^ ~~~_,~______ A~.___A-V_ ~~ __^'~^~ __ ~^ 22 Relocate door 205 as shown on sheet A202 revised 8/27/04. .. ~~~º5 $2,000 " ~1_?,400 ($420) ($492) ($235) ($75) """$Ô ~~,~ -- , .' . - - _ ,_~, ~~_~ _~_~~v~~~~ =^~ ^__,.~_~ _ _~_ __~ A_ ~~ ^ _______ ~_~__, __ __v_~~~ ~, /If Change Order Proposal 8059 Delray Beach Public Library 2/23/2005 Change Summary ~SA ( ORI'ORH10N GFNfRAL CONTRACTORS CONSTRUCTION MANAGFRS Item Description 23 Add soffit e)(ten~io~n per .A::603 d~t~i! 17. ~ 24 Add awning at west.elevation as shown on sheet A301 revised 8/?-~/04. 25 Increase size of grille at chiller tower as shown on A302revlsed 5/7/04. 26 Add 11 canes of faux bamboo as directed by architect and as indicated on A302 revised 5/7/04 ~. ~, ~ ~ .27 Add toilet stallshelvin.9 (items V.a.nd W) as shown onA~.01.revised?!7/04. 28 Change wall tile from CT 3 to CT 4 on selected walls of bathrooms 118, 119, 223, 224 as shown on A401 revised 5/7/04 _ __. _.___~'~_>A~_~~ ~~._,._vv_~~_ ,~_'^ ~~~~,~~~_^>~~~ __~~__~_ A~« __'^~,~_ 29 Add vertical dividers to wood benches as noted on 7/A402 revised 5/7/04. 30 Add backer rod and sealant to concealed tilt wall panels as noted on 2/A402 revised 5/7/04. _,~ ___~~_~~.. ~_, ~_~ ~~ _ ^v__~r_~A~^A~~~~"~'~~^__V____AA~~~~ ____~~'^_~,,_ __~_ _~~~~ .v~~___ _~~ A ,~~ 31 Provide weep holes in freestanding columns as noted on 4/A420 revised 5/7/04. ~ .^~, ~ ,. ^ y '^ ^ ^ -'v y ~ . .., ^'- ~.- ~., v ~, ~ .. y, ~ ,...,." ^ . ~ 32 Add three bahama shutters above south building entrance between column lines C & D as shown on A301 revised 8/27/04. ,'~_~_A_~._.~~,~.~____~~n~_~_'~_~_^,-~ ,_ _^'-~__~, _."U~~ .~_ ...,.^'-^_ ~ ^~, ____ .___~ ^'~ 33 Provide downspout brackets as shown on 2/A420 revised 5/7/04. Note: brackets . NOT.9alvé3':1ized!will"!.~!~hAl:)w':1sJ>~lIt r:n!!eri~L .., . .._ ......_.. '^ .~.. un 34 Add drywall ceiling and batt insulation in ceilings of closets of 241, 242, 243 as shown . ... . .<?n A..6~2.:.~d.~ d ry~~.I! .c~iIi~g .fo~.!oom ! 3.¥ ~ ~O~ ~~..~~0\y.'1. ~.n ~60 1.. ~.. . 35 Change precast stair details as shown on sheets A702, A703. ._~_ _ ~ v, , ^ , 36 Part A of change: Change toilet partitions from floor mounted, overhead braced to floor .to c;eili'19 style é!snClt~cf 91l A~q1:- TCliI~tP~rtition~ m. H...... 37 Part B of change: Change toilet partitions from floor mounted, overhead braced to floor to ceiling style as noted on A901-Blocking A ~_ '_e,_ ~_~ ^ __'~_A "A~~~ ~~^~_~~~_^'~ v_~ __ ~_~~~__~_A"^~V~~~=~~~__~_~A__ _ ____~~~~_A~^~_~~_ ~__~~_~ ^ 38 Provide concrete related structural work in accordance with structural drawings S1- S12 dated 5/7/04 revised 10/28/04. ~ 'V Þ ~ '.. ~"-' _~ A~_ " -__~_ ~_~_~'_~'>'A_'-""",_A'" '-' ." __~ ~ 39 Provide structural metal stud work in accordance with structural drawings S1-S12 dated 5/7/04 revised 10/28/04. 'v'^^V ,. __h~", ··_vv _, ..= ~h' __v_··~ ,~,__~.~.~,__ ~ ~~ . ,.~º, Pr~'Ji~eþal~!:I91~,9 Y~Lv~,!3§ì, sh()~n, 1:)11 M59.1,"" .,~ .... ....... 41 Provide all electrical work in accordance with electrical drawings dated 5/7/04 revised 4/16/04. . '42 -provide-ã'lI·plúñíbiñgwôrkin··ã~ccördänêew¡th plurríbing draw'¡ñgs·dated '5/7/Ô4·revisec{ . --- ____~'1610"'____________ -----------7 ----------- -------~ Total Cost $650 $933 $1,463 $4,783 $1 ,435 $0 $780 $375 $0 ~6!928 $0 .$2,~25 $17,737 $884 $200 . ~45ß75 $7,420 .. $0 $129,558 v _ r , . ~ ^ ~4 f . ' IÞ, t.' . Change Order Proposal 8059 Delray Beach Public Library 2/23/2005 Change Summary ~SA CORI'ORAI JON GFNfRAL CONTRACTORS CONSTRUCTION MANAGfRS Item Description 43 Provide a material allowance for appliances 1. staff lounge refrigerator' $800 2. staff lounge microwave: $400 3. warming station dishwasher: $500 4. warming station refrigerators: 2 @ $1200 each 5. warming station convection oven: $1600 6. warming station microwave: $500 7. warming station u.c. ice maker: $1300 8. conference room coffee maker: $300 9. conference room ice/ref: $1300 10. conference room microwave: $500 ~ , , ~A' ,__~,_~^~'^'~ <__ ,,_ <,<~,~_,,<^,.~.~"<-~~_~.....,__,,, ''^' ,_ ~ ,_, 44 Slope concrete floor approximately 2' around drains at bathrooms 118, 119, 223, 224 to accommodate thin set of bathroom tiles (this provided in lieu of sloped mudset as show~~on A?01, ,A202L . _.. . .... ..... ...~.. .. .. ...~.~ . 45 Change exterior wall furring from 7/8 channel to 1.5" stud as directed by Architect per ASI#1. ,~'^ ,_ e_ '^ ~_" ~ ~~,~,'~ ~^^ ~_, A___' ,,_,~, ~,~ 46 Provide 20ea. additi()nal corn.~r glJé!r~s. . . 47 Provide dimensional lumber for trellis roof per S-3 dated 5/17/04 revised 4/16/04. . 4.~proyide .5~a. P~~no!i9. Lockers per specificati~n .. . 49 Pro"ide art. display ~bli~9j!;f!e~J~anels) per ~pecifi9~tion 50 Provide fire rated drywall ceilings at Rooms 228 and 229 as shown on A602 revised 5/7/04. Subtotal f Total Cost ~9!600 $1,060 $2,450 "$ (22T $4,650 $4,294 . $6:,924 $1,064 $287,266 , AGENDA ITEM NUMBER: 4J \\\\ . AGENDA REQUEST Date: April 4, 2005 Request to be placed on: APrilS. 2005 aaenda x Consent Agenda Special Agenda Workshop Agenda When: April 5, 2005 Description of agenda item: Library change order number 42 in the amount of $315,018 as submitted by Nonnan Shapiro, Owner's Representative, and John Callahan, Library Director. This change order was delivered along with a check. for $955,242 which covers the change order and previous unfunded Library obligations. The change orders do not reflect the savings from City-ordered materials or contingencies. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES YES NO NO x x Recommendation: staff recommends approval. Deparbnent Head Signature: Joseph M. safford, Finance Director $ Detennination of Consistency with Comprehensive Plan: City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes x~ No Funding alternatives (If applicable): Account Number: 334-3552-571-62.10 Account Description: Account Balance: City Manager Review: Approved for Agenda: @ Æ1 I No Hold Until: Agenda Coordinator Review: Received: AMinn' AnnrnvPl'l' ni~nnrnvprl' MenDrandum To: David Harden, City Manager Lula Butler, Director, Community Improvement LÐ March 30, 2005 Request for Appeal of a Decision by the Site Plan Review and Appearance Board Decision for an Exception to the Master Sign Program From: Date: Re: ITEM BEFORE THE COMMISSION: Consideration of a request from the agent representing "Subway", a tenant located at 660 Linton Boulevard, Bay 118, for an exception to the Master Sign Program for flat wall signs in the "Lavers Intemational Plaza". This exception request was considered by the Site Plan Review and Appearance Board (SPRAB) at their regular meeting on February 23, 2005. The Board voted 6-0 to deny the request. BACKGROUND: The Master Sign Program for Lavers Intemational Plaza was approved by SPRAB on August 2, 1991, pursuant to LDR Section 4.6.7(E) (2)(a) of the Land Development Regulations. The flat wall signs have individual green letters and mayor may not be illuminated. The agent requested consideration by SPRAB on February 23, 2005, for an exception to the Master Sign Program to allow corporate colors & font, and to have front lit channel letters placed on a raceway. "SUB" was proposed to have a face color of #7328 white acrylic with white trim- cap and retums, and "WAY" a yellow face #2037 (PMS #1 09-C) with yellow trim-cap and retums. The raceway would match the color of the building. SPRAB voted 6-0 to deny the request stating that all of the tenants have green reverse channel letters, no raceways and all the wiring is behind the wall. The Board felt the sign could incorporate their corporate font using reverse channel letters, with silhouette lighting and green colored face to meet the blanket and master sign requirements established for the shopping center. The Board also acknowledged the fact that "Subway" has conformed to color criteria different from their corporate colors in other plazas in the cities of Boca Raton, Deerfield Beach, Coconut Creek and Coral Springs. SPRAB granted approval for the use of corporate colors, fonts and logos for three out-parcel buildings in the shopping center and for the flat wall sign associated with the "Lucille's Bad to the Bone BBQ" business. Section 2.4.7(B) of the LDR's allows the City Commission to grant waivers to this section of the code after making a finding of fact, based on one of the following: · Shall not significantly diminish the provision of public facilities · That the sign shall not adversely affect the neighboring area · Shall not create an unsafe situation; and · Does not result in the granting of a special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner. RECOMMENDATION Staff is recommending that the City Commission uphold the decision by SPRAB to deny the request, which will require the tenant to adhere to the Master Sign Program Criteria established for "Lavers Intematlonal Plaza". fA qA ~ k " I 4 SIGI'ICI~AI=TI=I~S March 1,2005 F?"'"- !~C~ ' I\/~O HAR o 3 2005 C/f}" ="L~ . v cRK Ms. CheveUe Numbin City of Delray Beach City Clerk's Office 100 N.W. 1st Avenue 2nd Floor Delray Beach, FL 33444 Reference: Subway 660 Linton mvd Delray Beach, FL 05-95957 05-36231 Permit #: Process #: Dear Ms. Numbin: As agent for Subway, Interstate Signcrafters is requesting an appeal to the City Commission of the Site Plan Review and Appearance Board's decision on February 23, 2005. The board denied the r~quest for Subway's registered trademark colors and signage being placed on a raceway in favor of maintaining the sign cnteria for the center. The criteria is green reverse channel letters with halo lighting. Please place this on the City Commission Agenda at the earliest convenience. If you have any questions or'require any additional infonnation, please do not hesitate to contact me at 561-547-3760 x 19. I look forward to hearing from you. Sincerely, ~ei Pennitting Supervisor Interstate Signcrafters, Inc. cc: John Gorgi - Subway 130 COMMERCE ROAD· BOYNTON BEACH, FLORIDA 33426 · (561) 547-3760· FAX (561) 547-3842 1591 FIFTH AVENUE· BAY SHORE NY 11706· 516-968-6879· FAX: 516-968-6897 r'L~~SÎTË~'P~~ËftEW1Äí ~ Agent: Interstate Sign Crafters Project Name: "SUBWAY" Project Location: 660 Linton Boulevard, Bay #118 "Lavers International Plaza" ITEM BEFORE THE BOARD The item before the board is an exception to the Master Sign Program, established August 2, 1991, for "Lavers International Plaza" also knows as the "Linton International Plaza", 660-950 Linton Boulevard. The applicant is requesting consideration to allow corporate colors & font for a flat wall sign. BACKGROUND Lavers International Plaza is located on Linton Boulevard between Lavers Avenue and SW 10th Avenue. The plaza consists of an L-shaped commercial building along with three (3) freestanding buildings that are home to "Pets Supplies Plus", "Wachovia Bank" and offices, and the "Polio Tropical" restaurant. The Master Sign Program established August 2, 1991, established one (1) free standing sign at the entrance to the plaza on Linton Boulevard, & a 2nd freestanding plaza sign at the corner of Lavers Ave. & Linton Blvd. The Board also established the tenant flat wall signs to be individual green letters, illuminated or not. Since 1991, the Board has approved corporate colors, fonts and logos for the three out-parcel buildings in the center, and for the "Lucille's Bad to the Bone BBQ", who was allowed red copy on a pink background for their flat wall sign, March 14, 2001. "Wachovia Bank" 900 Linton Blvd, was approved by the Board on July 11, 2001 to have their corporate color of white faces for their flat wall sign; "Polio Tropical" 950 Linton Blvd, was approved to have yellow copy on green background February 27, 2002; and "Pet Supply Plus" 800 Linton Blvd was approved to have yellow and green corporate colors for their flat wall sign February 12, 2004. On May 12, 2004, the Board approved the request to refurbish the 14-Ft high free standing sign at the main entrance to the plaza. The new color for the cabinet is green to match the flat wall tenant signs, with white copy. No corporate colors or logos were allowed. Meeting Date: February 23, 2005 Agenda Item: l11.A. The applicant "SUBWAY", 660 Linton Blvd Bay #118, is requesting use of the corporate colors & font. Their sign will be one set of front-lit raceway mounted channel letters with "SUB" in #7328 white acrylic face with white trim-cap & returns. "WAY" letters will have #2037 (pms # 10gc) yellow faces, trim-cap and returns. It will be illuminated by 15mm #6500 white neon, & the raceway will match the color of the building. It will be centered over the business entrance with a minimum of l-FT between the edge of the sign and the end of the bay. ALTERNATIVE ACTION 1. Deny the request for an exception to the Master Sign Program to allow corporate colors and font for a flat wall sign for "SUBWAY", 660 Linton Blvd. Bay #118, based on failure to make positive findings pursuant to LDR Section 4.6.7(E)(2)(b). 2. Approve the request for an exception to the Master Sign Program and allow "SUBWAY" corporate colors and font for their flat wall sign at 660 Linton Blvd. Bay #118 as presented. 3. Approve the request for an exception to the Master Sign Program to allow corporate colors and font for the flat wall sign for "SUBWAY" as proposed, with direction for any changes desired by the Board. RECOMMENDATIONS Staff feels it is the Board discretion to allow corporate colors and font for the "SUBWAY" flat wall sign. Meeting Date: February 23, 2005 Agenda Item: lll.A. · ~ III. SIGNS A. Subway; 660 Linton Boulevard, Bay #118; Flat Wall Siqn; Jennifer Renneburqes. Authorized Aqent. Chairman Cope inquired if any Board member wished to disclose any ex parte communications on this item. Mr. Gregory stated that he had visited the Plaza and did some research regarding the sign request. Chairman Cope invited staff to make a presentation. Ms. Andrea Strohmer, Plan Review Technician entered the file into the record and presented the item to the Board through a review of the staff report. The proposal is a request to allow corporate colors and font for a flat wall sign which is an exception to the established Master Sign Program at Lavers International Plaza. The Plaza consists of an L-shaped commercial building and three (3) free standing buildings. On August 2, 1991 the Board established the Master sign Program for the tenant flat wall signs to have individual green letters, illuminated or not. Since 1991, the Board has approved corporate colors, fonts and logos for the flat wall signs for the three out-parcel buildings in the center, and the following four businesses: "Lucille's Bad to the Bone BBQ", "Wachovia Bank"; "Polio Tropical"; and "Pet Supply Plus". On May 12, 2004, the Board approved the request to refurbish the 14 foot high free standing sign at the main entrance to the Plaza. The new color for the cabinet is green to match the flat wall tenant signs, with white copy. No corporate colors or logos were allowed. At this point on the Agenda Ms. Morrison arrived. The applicant "SUBWAY", 660 Linton Blvd Bay #118, is requesting use of the corporate colors and font. Their sign will be one set of front-lit raceway mounted channel letters with "SUB" in #7328 white acrylic face with white trim-cap and returns. 'WAY" letters will have #2037 (pms #109c) yellow faces, trim-cap and returns. It will be illuminated by 15mm #6500 white neon, and the raceway will match the color of the building. It will be centered over the business entrance with a minimum of 1 foot between the edge of the sign and the end of the bay. Staff feels it is the Board's discretion to allow corporate colors and font for the "SUBWAY" flat wall sign. 2 SPRAB Mmutes 2/23/05 Chairman Cope inquired if the applicant had any questions of staff. There were none, Chairman Cope invited the applicant to make their presentation. Ms. Jennifer Renneburges of Interstate Sign Crafters was available to answer any questions. Chairman Cope inquired if anyone from the Public wanted to speak for or against the project. There were none. Chairman Cope closed the public hearing and the Board commenced deliberations on the proposal. Mr. Gregory stated that the shopping center has really kept its character. All the tenants have green reversed channel letters, no raceways, and all the wiring is behind the wall. Mr. Gregory continued that the Board previously approved multiple colors for national tenants for the other buildings, however all tenants that are not national have conformed to the established Master Sign Program. He would accept the font type, the established green letters, and all the wring is to be behind the wall covered with a reversed raceway (metal box behind wall covering wiring). But, he wouldn't support the proposed corporate colors and set a precedent for this attractive building. Mr. Gregory stated that Subway has conformed to the color criteria in other plazas in the following Cities: Boca Raton, Deerfield Beach, Coconut Creek, and Coral Springs. In Delray Beach, the Subway at Congress Avenue and West Atlantic Avenue (Congress Square) has conformed to the color green. Mr. Gregory remarked that the Board has approved corporate colors in other shopping centers with disastrous results. Mr. Gregory explained to the other Board members that he would be recommending the following: reverse channel letter, lighting to be consistent to what is in the shopping center, and the wiring behind the wall. The other Board members agreed with Mr. Gregory. It was moved by Mr. Gregory, seconded by Ms. Stewart and passed 5-0 to approve the flat wall sign for Subway, subject to the following conditions: 1. That they keep their corporate type font. 2. That the flat wall sign be of reverse channel letters, silhouette lighting, and green in keeping with the shopping center's criteria. 3 SPRAB Mmutes 2/23/05 3. That the wiring be behind the wall with a reverse mounted raceway concealed to cover up the wiring. IV. MISCELLANEOUS A. South County Administrative BuildinQ (Removed from the Agenda). Mr. Carter stepped down from the dais for the following project. B. Hamlet Country Club; South Side of West Atlantic Avenue. Approximatelv 1.200' West of Homewood Boulevard; Class II; Daniel Carter. Authorized AQent. Chairman Cope inquired if any Board member wished to disclose any ex parte communications on this item. As there were none, the Chairman invited staff to _ make a presentation. Mr. Estelio Breto, Senior Planner entered the file into the record and presented the item to the Board through a review of the staff report. The proposal is to replace the landscape materials within the common area along the West Atlantic Avenue frontage. During the hurricanes of 2004, the development sustained a significant loss of plant materials including numerous large Ficus trees along West Atlantic Avenue and Military Trail. In addition, the perimeter (entrance) wall along West Atlantic Avenue sustained severe damage with the falling trees and has been removed. A building permit has been issued to replace the entrance wall with a wall identical to the previous c.b.s. wall in height, type and color. Mr. Breto presented the landscape plan analysis as outlined in the staff report. The landscape plans for future phases can be approved administratively provided that they comply with LOR Section 4.6.16 and continue the theme of the current proposal. Staff recommended approval subject to the conditions stipulated in the staff report. Chairman Cope inquired if the applicant had any questions of staff. There were none, Chairman Cope invited the applicant to make their presentation. Mr. Dan Carter, Landscape Architect stated that a future phase will not be able to be approved administratively because it will involve site plan modifications. Mr. Carter stated that he can't get Stopper's or Black Ironwood's that are of substantial size and requested that he be able to work with the City Horticulturist for a tree that is equal. Mr. Carter explained that the color of the wall is to match the previous wall, which was a light Sea Green, however the Homeowners Association is looking at changing 4 SPRAB Minutes 2/23105 Date: March 30, 2005 Agenda Item No. q f\ AGENDA REQUEST Agenda request to be placed on: _X_Regular Special _ Workshop Consent When: April 5, 2005 Description of Agenda Item: Request to Appeal Decision by the Site Plan Review and Appearance Board Master Sign Program - Lavers International Plaza, 660 Linton Blvd Bay 118 for Subway OrdinanceIResolution Required: Yes / No Draft Attached: Yes / No Recommendation: Uphold SPRAB's decision to deny request Department Head Signature: ~u_ ------=-- 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: Approve~ for agenda: 4) No ~ /1 Hold UntIl: V' {j I ~ I Agenda Coordinator Review: Received: Action: Approved / Disapproved %4 MYDELRAYBEACH.COM City of Delray Beach Administrative Services Memorandum FROM: David T. Harden, City Manager ~ Robert A. Barcinski, Assistant City Manager TO: SUBJECT: Agenda Item City Commission Meeting April 5, 2005 Approval of Request - Glory Awards 2005 Seed Money DATE: March 28, 2005 Action: City Commission is requested to consider approval of a request received March 15t from Edith Thompson, Executive Director Community Neighborhood Helping, Inc., to provide $8,000 seed money for the 2005 Glory Awards to be paid back to the City once the County funding is received. Backl!roun d: Attached is correspondence received from Ms. Thompson requesting the $8,000 seed money for the Glory A wards along with an event budget, letter of funding approval from Palm Beach County Commissioner Addie L. Greene, and proof of tax exempt status. Palm Beach County grants are approved on a reimbursement basis. Commissioners approved a similar request last year for $11,000. The City received our reimbursements for last year's funds on November 29, 2004. Last year County approval was from FY 04-05 funds. County funding approval for this request will come from current fiscal years funding. The Glory Awards will be held on May 29th at 7:00 p.m. at Old School Square. Recommendation: Staff recommends consideration of approval for the request from Edith Thompson to provide $8,000 in seed money for the Glory Awards 2005 to advance the County commitment for funding. RAB/tas File'u :sweeney/agenda Doc Agenda Memo Glory Awards 2005 qß -~-.- -- - -----.------ -- 'ty' ~ (" 1 /" \ / Community Neighborhood Helping, 'nc. Programs That Touch Hearts in Delray Beach P.o- Box 2133. Delray Beach, FL 33444 Phone: 561·279-9951 FaX' 561·279-9951 Emall: edlthmthom8onOBol.com March 1, ~005 Mr. David Harden... City Manager City ofD.;:lray Beach 1(1) NW 1 SI Avenue Delray Bea.ch. Fl 33444 Re: Glory Awards Dear 1\1r Harden: We are now III the planning and audition phase of the Fourth Annual Glory Awards. We are thrilled to mentinn the Glory Award is growmg_ The Fourth l\.JUlual 0)01}' Award will present upportunity to discover and enjoy the goodness and talent in nur commumties. We are praying. worklng, éUld rehearsing to share the heaJ1Wanning acts of kindness, and to capture the rrue meanmg of community. The Fourth Annual Glory Award will inspire anyone who helieves in and strives for a bener, brighter tomorrow. Pur<;uant to the advice and dlTection of the City Commissioners we request $8.000.00. The requested funds wIll serve as project seed money. We antîcipate reimhursement to the CIt)' of Delray Beach by October 2005. with grant funding approved by Palm Beach County Co mmissio neTS. If you have any que5tion<; please sontact Edith Thompson at 561-7.36·9211 (ok). 255-2668 (cd}). L--mml.ol} I 'jodI ,,,III, :), I or edithmthomson(~jaol.com We are looking tòrv.rard to seeing you at the Fourth Annual Glolyr Award. Resped fully, (t¿' th TF/Ct17 pS eX..! Eduh Thompson. Exec Dir. end. (~) cc (2 ) tì1e ( 1 ) \01 .~ r ) -- -\ / Community Neighborhood He'ping, 'nc. Programs That Touch Hearts in Delray Beach P.O. Box 2133. DeI,sy B_ch, FL 33444 Phone: 581-279-9951 Fax: 561.279-9951 Emall: edlthmtho""aonO.ol.com Mr. David Harden, City Manager City Of Delray Beach 100 NW 1st Avenue Delray Beach FI 33444 RECEIVED MAR 1 f 2005 ASSISTANT CITY MANAGER March 10, 2005 Re: Fourth Annual Glory Award Dear Friend, The Glory Awards is a community event to honor and appreciate the TRENCH- WARRIORS of Palm Beach County. The Glory Awards is presented to individuals, organizations, clubs, and fraternities that have made, and are making a positive impact in the communities they serve. The Fourth Annual Glory Awards will feature the efforts of a diverse team of volunteers, and local aspiring talent. The Fourth Annual Glory Awards will showcase the many possibilities. Considering the recent vehicle and violent tragedies jnvolving our youth; in appreciation of the noble efforts and sacrifice of our youth to protect our way of life, the Fourth Annual Glory Awards is recognizing youth that are making a difference. The Fourth Annual Glory Awards will reinforce that sense of community necessary for nurturing medíums of communication, linking of neighborhoods, communities, and stakeholders. The Fourth Annual Glory Awards embrace the can do spirit. We are experiencing fellowship among the seniors and youth volunteers, planning. and pulling the Fourth Annuæ Glory Awards together. I mention this with a great degree of certainty, We are going to be the talk of the town" Life is good when people share a vision of community, and unselfishly contribute to enhance not only the bricks and mortar, but also individuals and families. Your interest in and support of the Glory Awards will contribute to the quest to make a positive impact in the communities we serve. If you have any question please contact Edith Thompson at 561-736-9211 (of c.) , 561 255-2668(mobile). We send our warmest wishes and appreciation. We wait impatiently to see you at the Fourth Annual Glory Awards! &7~;; Edith Thompson ~ Founder/Director ;!I&i ::Þ~8 Iftl.i 8 c.... N ~ = Id! :) 9 a~ 2 VI fe( ~ ~ ~ i ~ ~ w i ~ t I n. ~ ~ I~ ~. ~ r 15 I Ill!! I r§ oi ~ la i > h !Z8 i :( :( ~ ~ ':;: , .;;:. ~ ..;:. ~ .. ., ! ¡ .. (IJ c c c. Fl-õ: ~ ii:' ~ ~ " - ~ õ: ill( ~~ õ:' I CJ ì CJ t;r è ci. C ...: i; 2: ~ J&: " ~ ~ I I I ... I L.. (:J íi: CJ i cï: . . . , ~ 0 .5 s¡¡ a ~ C) ~~¡ j§ j ~I ~ ~ 1 Ë :D <::" " 'ê' ¡¡-I c:: ê ! ¡~. . . æ ·~I ~ ~~ 8C 8 .;::. ~~ ~ .J,¡,. ',\_J ) :J: c. :J: - .C::: c. 8Õ 5 ~ 8 is U') 8 ... =' 8 Æ æ5 ....- a: en :I EVJ '. w ~ la ~~~ ~ ~~ ~ ~ ~ ~ § 'ss 8 ~ §§ ~ ¡, ¡ § I ~..... ~ ~ ~ ~ ~ ¡; 3t ~It: a 5 - ¡:; 1$ ~. ~~~ ~ ~~ ~ ~ § 0 § ~~ ~ ~ ~~ ~ ~ ~ ~- ~ ~ ~ GO ~g~ i= .... I; ¡;I~ I~ ;; ~ ~i';; W"'I ... m ift- ~ ~ sa ~fæ ,... .f r¡ T I c: I i ¡~ 5 I G:' II + - ~ ~ ~~ I~ i~i I~ ! e. i ; ~ ~ ~I ~ I I ~ I; ~s-~~ ~1 1!Î¡ðm ìr~ w i II ~ I'!' I mi~ ~Iii~be s I ~ ~ ~'I _ =1 lill ijlill!~% ~ ~ '" ..." :c c . FrIU 03/21/2005 16:35 FAX 5612761365 PBC SO CTY COMPLEX III 001 JUJDIB L. GREENE Commissioner. Districc VIJ . Palm Beach County Board 01 County Commissioners Governmental Center, 12r~ Floor 301 NOTch Olive Avenue West Palm Beach. Rorid.a 33401 (56/) 355-2207 Fax: (561) :555·6332 South Office: Southeast County Complex 345 Congress Avenue Delray Beach, Rorida 33445 (561) 276-1350 Fax: (561) 276·1365 agreeTIe@co.paIm-beach-fLus -1\" EqIJ,,' Opparru"ic;y Affirm"tive "'cdon Ernpl0YI7" @ pM/ell.", '~pafHK RECEIVED MAR 2 2 2005 1-\:::::>"-..111"-'1'\1.... CITY MANAGER March 17m, 2005 Edith Thompson, FounderlPresidemt Community Neighborhood Helping, Inc. Post Office Box 2133 Delray Beach) FL 33444 RE: Funding Approval "The Glory Awards 2005" Dear Mrs. Thompson: TIùs is to serve as formal notification that I will contribute up to $8,000 ftom my District VII Recreation Assistance Fund towards the Glory Awards 2005. As you know, this program operates on a reimbursement basis with certain criteria as previously discussed. If you have any questions, or need further assistance, please ~ntact Gladys Whigham, my Administrative Assistant, at 561 276·1350. hI addition, I am copying this letter to Susan Yinger, Grants Procurement Manager, who will initiate the contract agreement. I am certainly pleased to contribute to the Community Neighborhoods Helping Glory Awards. Community Neighborhoods Helpjng, Inc. has a momentum that is especially noticeable and recognized in the community- I also commend you, the Board of Directors, the volunteers, and the Community on your concerted. and tireless efforts. My sincerest congratulations and 'best wishes for many, many, more successful years. Sincerely, CltI~ ;e ¡J~ Addie L. Greene, CommissionerNdce-Chair Palm Beach County Commission, District vn cc: Dennis Eshleman, Director, Parks and Recreation Dept. Susan Yinger, Program Coordinator/Contract Manager ',' . . '/' . 2002 " I' 16:03 1..._ _. INtERNAL REVENUE SERVICE P. O. 8OX- 1508 CINCINNATt. OH .5201 DEPARTMENT QF THE TREASURY Dat.B, 'E8)1. Emp!oy.~ Iden~iflc~tion Number 65-U~3')r;,\ DUI. 1'10533)105'031 ContaCt VerGon: NANCY L STUERENBERG Inl ]1428 Contact Telephone N~mb~~. (8'1'1) Ø:Z9-5500 Atcoun~in9 Period Ending; December Jl Form 9'0 Requ1rea~ Yes; Addcndwm Applics: No CO~ITY NEIG~80RHOOD HELPING 1:NC ] 106 COR'101UUIT RD OELRAY 8EACH, YL 33444 O..t: Ito.pplir::ant. 8.se~ on information 5Upp11Bd. and assuming your op.r~t1on5 ~111 be .6 Btated in your application tor recogni~1on ot exemption. we nave determined you .re exempt from fadaral income tax undèr 8ec~ion 501(al ot ehe Intern~l Revenùe CDd~ aft an org.ni~at1on de8ct:ibed in 9~ction 501(C) 13) w~ havo further det:erntin@d t.hat. you are ::ot t\ prlVtat.. ~ound"'tJ,-,r: "lUn~ the mc.ning of section 509(A) ot th~ Codo. because you a~e ðn o~9an~t.~1on de~cribed in gecc1onli 509(a) (1) .nd 1.'10(bl (l) (A) (vi)_ It your ~ourCeS of Buppor~. or yo~~ purposea, character, or méthOð of operation çh~e, ple~se let u~ know 80 w~ can conB1der the effect ot the change on yQu~ e~empt st.tus and founda~ion B~~tuS. In the case of an amend- ~nt ~o your org.nizat10nal docu~nt. or bylawø, please send u~ . copy of the amen4ed ðoc;:\ll'ftent Q~ bylaw... 11.11'10. you ,hould inform \.1.8 of all changes in your name or add~.uI8- 11.8 of January 1, 1984. you ar@ 11able tOr tax~~ undèr th~ F@deral 1:nDuranc~ Contribution. Act (social SQcurity taxe.) on remuneratl0n of ~lOO or more you pay to each of your eroployees durin9 a calendar ye4r YOu ace not. liable tor th. tax imposed under the P~ðeral Un~mploym.nt. Tax A.ce I FOTA' . Since you are not a private foundatlon, you are not BubJ~ct to the excise t5xe~ under Chapter 42 of thQ Code. Ho~ver. if yøu are involved in an exce8$ benef~~ tran8Action. that tran8ac~ion M~9ht b6 subject to the exci5~ ~ðxe~ of section 4~S8. Addi~ionallY. you are not automàL~Cally ~x~mpt from o~her fBd.~.l exciso taXOG. It yOU havo any queation. about excis~. employm«oc. or other feder~l taxeB. ple_ee contact your key d~ðt~ict off1ce. ""t, Grðnto~B &nd contr1butora may r~ly on this det~rmln.t10n unl~G~ ~h@ Internal ~.venu. ~.rvic. pUbllGhoQ not~CQ to the cont~&~y. Ho~ver. if you log. your c~ction ~ogla) (1) ~tatu*. a 9ran~o~ or cUlltrib"~or m~y ~oC rely on tb~~ dete~minatiOn if he Or ~he wa~ in part r~BponGible for, or WaG aw~re of. tne act or failure to act. or the subsc.ntial or material change on the Letter 947 (PO!CGI ,. -- L" . . /te.-te.UUt::. /.1 " /0" / / '¡' " . <II I .LQ-1V"4 r.o.)'~ -2- COHMUNtTY NEIGH80RHOOD HELPING part of ~hft orga~i%ation tÞ.t r~~UI~ftd in your lOGs oC ~uch 8~~~U., or if h~ or ..h. .c:;quired knowledge t.bat. the hlt:~rnal RC':venue Service had given OQtice t:ha~ you would no longer be classified a~ A section S09Ia) (1) org~ni%a~ion. Donor5 ~y deduct contributions t.o you ~g p~ov~ded in 5e~~ion 170 Or tna code. Beque~tB, legaciee. dcvi~eç, trans£~rø, or gif~o to you or tor your ua~ ~~~ drductible fo~ t.dcral eS~&re and g~ft tax pu~po8e8 it ~hey mee~ ~he ~pplicable provieiQns of Cod~ sftctiono 205S. 210G. and 2522. Contr1bution deduc~lonQ are allowable to donors only ~o the eXten~ ~h~~ ~heir contributions ~re gifts, w~tÞ no consideratiOn rec~lved. Ticket pur- chases and similar p~yment. in conjunction witb fundraiGlng cven~8 m~y not Dece~8~rily qualify a~ d.du~ibl~ contributions. déPQnding on ~he circum- BtahCé8- S~e Revenue Ruling 67-#46. publ~8h~d 10 Cumula~lve Bullecin 1967-2. on P.9~ 104, which øe~s forth guidelines re~ardi~9 ~he deduct~bility. a~ chari- table cootr1bution6. of paymcnb' mad~ by taxpayere tor adrn1GGion ~o Qr o~hcr part1c~pacion 1n fundrai~in~ activ1t~e~ for cha~1ty- Xn ~he h~.din9 of thie letter ~ h.v. 1ndic~ted wh~ther you mu~t file Form 990. Re~urn of or9ani~a~1on B~.mp~ From Income T~x. If y~~ i~ indiG~~~d. you .~~ rftquirod to 11¡e Form 990 only if your 9rosa rftceipt& ~ACn yuar a~* nor~lly mor~ than ~2S.000. Ho~ev.r. it you roc.lve ~ Form 990 pack~ge in ~he ~~l. ple~.~ file the reCurn oven it you do DOC e~ceed th~ gro~~ xeceiptc teEt. If you are not required to fil.. .inply .ttach the l~l provided, check the box in th~ h~ading to indicate that your annu.l gro$$ receipts are normally $25,000 or le8B, aQd øign the ~.turn. If a return is ~.qui~d. it mUEt ~ fil~d by the 15th day of the fifth month .t~er the end of your ~n"u~l accountiny p~r1od. A penalty of $20 ~ day is charged when a recurn is filed late. unI@D~ there i~ ~~a'on.ble càu~~ for th~ delay- How.v.r, tha .axlmum penalty char9~d cannot e~C8ftd ~lO.OOO or 5 perç.nt of you~ gros. ~eceipt5 fo~ the year. whichever i~ leèB. ror organiEatioD. with.gro5~ recft~ptð exceeding $~.OOQ.OOO 1n any tear. tbe penalty 1S S100 pe~ day per ~eturn. unle~u ther~ ~~ rea~onable caU8@ tor the d~lay. The ~ximu~ penalty for añ or~ani~arlon wi~h groaa rcceipt5 exceeding $1.000.000 shall not excC':ed $SO.OOO. Tnie penalty may &180 be charged ~r · re~urn 1s not complete, 90 be ~ure your return iø complete betore you f~le 1t. You ~re requirad to .ake your ann~.l information raturn, Form '90 or Form 9'O-~Z. avail~l. for public in.~c~~on for ~hr.. y..r. .tcer the later ot ~h. due ~t. of ~h~ r.~urn or ~he d.~e ~he re~urn 1. filed YoU are ~180 requ1rc6 ~o make .va11able for public inapect10n your exemption ~pplicat~on. ~ny uupporting documents, and your exemption l~~ter. Copies of ~he~e documents arc aleo required to be providðd to any indiviðual upon wri~t~n or in pe~~on ~~Quest withou~ charge o~hðr tÞ4n xeaaonable tce~ tor copyinQ and poat.ge- You m.y fulfill thi~ requirðment~y pI.clng tneee documen~ø on the Internet. Pena1tÜ~. may be impoeed [or hdlurt! t.o coap.ly with these requin:~nl:.s. Mdit.ional infornø.t.ion iø av.i~ 5S1'_ T~x-~~mpt Status fer Your Oryani%a~ion. nr n~a: ah.own above. ..... . , ' .,., /IC..C--'IU/U£ ),y /~ / .&D-V<f P.Ø4;-e4 -)- COMJroNITY NEIGHBORHOOO IIELPING You are no~ r~quired to file r~er.l ~ncome tax ~@turns unles~ you are aubject to the tax on unrel.~ed bu8i~.. ~Þcom. UQder ..ct1on 5~1 of thv Code. ¡f y~ ar~ ~ubjec~ to ~hi. ~ax. you MUat fil~ ~n 1nc~ tax-r~turn on Form 990-T. Exempt Or9a~~*tlon Bu£inea& Inc~ Ta~ R~~urn. In ~hi~ let~er we are not dftt~~inin9 whether any ot your pres@n~ or proposed ðctivtt1e5 are unr@- lated trad. or bu.!n... .. dafin.d in ..ction S1~ Qf th. Code. You neOd an Q~lQy.r ~d.nt1riC.t1Qn n~er eV~n if you h.vc n~ .mploy~e.. It an ~loyer lðentl!lcatlon n~r waG net entered on your appllc.~ion. ~ number will b. aøaigned to you and you will be advised of it. Plaaae use ~b~t nu~er Qn all return. you file Gnd in all corre.pondenc~ wi~h th~ Int~rnøl ReYenue Service_ Thie d.term¡natlon 1. ~std on ~videnc~ that your fundG ar~ dedic~tid ~D th~ purposcs listed in Dection SOl (c) () of the Code. To as_ure your continu~d exemption, you ~hould keep record~ ~o ~bow tÞ~~ funds are expended only tor tho.. purposeG- 1C you d18~~1bu~. r~nd~ to oche~ org3n~zat1oos, your t:'¥corc:!~ I:hould c:how ~h.t:h~:c th~y .r~ ~,(.mpt: under ¡;.ccion 501(0:1 (3) X.. ca&eU wber~ the ~~çiplcnt orgsQization i~ not: ~~~mpt: under s~ctibn S~llc~ I), t:he%~ should be evidence that the funda ~ill remain dcd1c~ted to the rcqulr~d purposQG and ~hat they will be u~.d [or ~hoBe purpo~8B by the recipient. If di5tribut1on_ are ~dc to ind1vid~al.. c.øe hiÐ~o~ieø r.9ard~n9 the recipients .hould be kept øhowlng names. adðre.$c.. purposes of awards. ~nnð:C of selection, relationship tif any) to members, officer_. ~~*tee6 or donors oC funds to you, .0 that any and all di.tributiona ~ð. ~o 1n41viduals can be substantiated upon ~equest by the Internal Rev~nue g.rvic.. (R.vonvu ~ulln9 56-)04. C.B. 195~-2, page 3UG.) If ~ ~v~ indic~t@d in ~h~ h.~ding ot this lQtte~ that ~n addendum applies, the an~loKed .ddendum iu an integral p_r~ ot thi. l.tte~. BcçaU6~ thi. lett.~ çould help ~eeol~e any que5~ion~ about your exempt s~~t\lS and founda~ion .t.~U., you ebould keep it in your perm~nent r@co~d~. If you bave any question., pl@a.e contac~ the person whose h4m@ and telephone number are shown in the beading Qf ch1111 letter. 51nce~.ly yours. -~?~ Stev~n T. "'ill~r Dic~~tor. ~x~mpt Or9~Q~~.tiQns ~~tte£ 947 (DÓ¡CG) . I TOìA.. P. 04 [IT' DF DELRA' BEA[H ~ DElRAY BEACH , l 0 I I n Ii tI.*I.tI All-America City " III! 100 N.W 1st AVENUE DELRAY BEACH. FLORIDA 33444 561/243-7000 MEMORANDUM 1993 2001 TO: David T. Harden City Manager FROM: oil> Robert A. Barcinski V / Assistant City Manager DATE: March 29, 2005 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 5, 2005 CONSIDER APPROVAL OF A LICENSE AGREEMENT - TENNIS CENTER 6TH ANNUAL MIDCOAST CONVENTION OF NARCOTICS ANONYMOUS, UNINCORPORATED ACTION Attached for Commission consideration is a proposed License Agreement between the City and Midcoast Convention of Narcotics Anonymous, Unincorporated for use of the Tennis Center facilities including the stadium as well as use of the Community Center Gym, Mahogany, Orchard, Banyan, and Magnolia rooms in the Community Center for their annual convention. BACKGROUND The convention dates are October 7th through the 9th of2005. The convention is compromised of meetings, entertainment, and sporting events. Attached is a letter Mr. Dubin received from Ellen Jachera the convention hotel liaison. In the letter Ms. Jachera estimates the sale of approximately ISO hotel room nights and approximately 900 persons dining in our local restaurants. Under terms of this agreement the licensee will be required to pay all police and EMS personnel overtime costs, pay $4,000 for use of the Tennis Facilities, and pay $3,000 for services to be provided by the City per paragraph 4 of the agreement. The Fire Department has determined that on-site EMS services are not needed. The estimated cost for Police personnel assistance is $800. RECOMMENDATION Staff recommends consideration of the proposed License Agreement between the City of Delray Beach and Midcoast Convention of Narcotics Anonymous, Unincorporated. RAB/tas F,le u sweeney/events Doc Agenda Item MCCNA ConventIOn @ Printed on Recycled Pape, THE EFFORT ALWAYS MATTERS g~ Initials LICENSE AGREEMENT THIS AGREEMENT made this _ day of , 200_ by and between the CITY OF DELRA Y BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to as "City") and MIDCOAST CONVENTION OF NARCOTICS ANONYMOUS, UNINCORPORATED, (hereinafter referred to as "Licensee"). WIT N E SSE T H: WHEREAS, City owns and controls certain land upon which is located the Delray Beach Municipal Tennis Center, and hereinafter called "Tennis Center"; and WHEREAS, City has determined that it is in the public interest to enter into an agreement with Licensee for the event at the Tennis Center. NOW, THEREFORE, it is mutually agreed as follows: 1. License/Term. (a) Licensee has presented to the City that it would like to use the Tennis Stadium and accessways thereto (Tennis Center) for the sole purpose of presenting the event known as MCCNA 2005 (hereinafter referred to as the Event). (b) The License shall be for the exclusive use of the Tennis Center from 2:00 p.m. on Friday, October 7, 2005 until 2:30 p.m. on Sunday, October 9, 2005 for the event beginning on Friday, October 7, 2005 at 4:00 p.m. and ending on Sunday, October 9, 2005 at 1:00 p.m.. Licensee shall be allowed to set up on Friday, October 7,2005 after 2:00 p.m. and shall remove all equipment and vacate the premises by Sunday, October 9,2005 at 2:00 p.m.. Licensee shall have the exclusive use of the gymnasium and the Mahogany, Orchid, Banyan and Magnolia rooms in the City of Delray Beach Community Center, located at 50 N.W. 1st Avenue, Delray Beach, FL, on Friday, October 7, 2005 from 2:00 p.m. until Sunday, October 9,2005 at 2:00 p.m. at which time Licensee shall remove all equipment and vacate the premises. (c) In the event that Licensee is unable to hold the Event on the date provided above due to inclement weather, the City and Licensee shall then mutually agree on another date for the Event. 2. Purpose. The parties agree that Licensee shall promote and produce the Event in a manner which complies with community standards and appeals to the interest of the general public, and use its best efforts to promote this Event at the Tennis Center. Licensee, at its sole cost and expense, shall provide management and personnel experienced in the promotion and production of the Event and for the purpose of supervising and directing Licensee's obligations under this agreement. 3. Licensee's Rif!hts for the Event. Licensee shall have authority, subject to the provisions and limitations set forth in this agreement, to enter into contracts or agreements to put on the Event. All such contracts shall be negotiated and executed by Licensee in its name and shall not be contracts and obligations of City. All contracts entered into by Licensee shall specifically contain language which provides that City is not a party to such agreement and is not obligated in any manner by any of the terms therein. The Licensee's rights are subject to the rights and limitations and obligations that currently exist between the City and Coca-Cola of Florida. 4. Facilities and Services Provided bv City. Unless otherwise herein specified, City shall be responsible for, or agrees to provide, the following facilities and production assistance in connection with the conduct of and staging of the Event: (a) use of a stadium court; (b) a public address system; (c) all electrical, water and sewer utilities and one on-site electrician (all costs and expenses are Licensee's responsibility) for the duration of the Event (hook-ups not included); (d) adequate space for and operation of concessions, retail booths, etc. (Licensee shall place and operate the concessions and retain all revenues from its concessions and retail booths); (e) restroom facilities and supplies; (f) on and off-site directional signage; (g) all necessary permits; (h) access to utilities to include but not be limited to water/sewer, electric/lighting; (i) reasonable use of the gymnasium and Mahogany, Orchid, Banyan and Magnolia rooms at the Community Center; 2 (j) maintenance personnel to maintain and clean the restrooms and Community Center as well as garbage pickup during and post event (Licensee shall be responsible for cost of personnel); (k) personnel to assist with issues involving the Tennis Center and Community Center during the Event (Licensee shall be responsible for cost of personnel); (1) garbage dumpsters (Licensee shall be responsible for cost of dumpsters). 5. Staeine and Production of the Event. The organization, staging, and conduct of the Event will be the responsibility of the Licensee, which responsibilities shall include the following: (a) handling ticket sales; (b) Obtaining an Event Director, all personnel involved in the Event, and the Event participants; (c) Administering the entire Event; (d) Setting up each Event on-site and handling all activities ofthe Event, including set up and tear down, and lighting and sound systems; (e) Handling promotions, advertising, sales, public relations, and program production for the Event; (f) Licensee shall handle and be responsible for all security measures concerning the Event. 6. Independent Contractor Status. It is understood between the parties that the relationship of City and Licensee is that of an independent contractor. Licensee shall have no authority to employ any person as an employee or agent on behalf of the City for any purpose. Neither Licensee or any person engaging in any work relating to Licensee's rights and obligations set forth herein at the request of or with the consent (whether actual or implied) of Licensee shall be deemed an employee or agent of City, nor shall any such person represent himself to others as an employee or agent of City. Should any person indicate to Licensee or any employee or agent of Licensee, by written or oral communication to Licensee, that the person believes Licensee or an employee or agent of Licensee to be an employee or agent of City, Licensee shall use its best efforts to correct or cause its employee or agent to correct that belief. 3 7. Compliance with Licensine: Requirements. Licensee, prior to commencement of any activities pursuant to the provisions of this agreement, shall comply with applicable federal, state, county and City requirements, laws, rules and regulations and all licensing requirements and receive all necessary permissions, permits, approvals and licenses which are required to perform the activities of producer and promoter as set forth herein. 8. Compliance with Laws. Licensee agrees to comply with all applicable federal, state, county, and local laws and regulations regarding non-discrimination and specifically agrees not to discriminate against any person on the basis of color, race, religion, age, creed, sex, national origin or disability. 9. Concession Rie:hts. The Licensee has the sole and exclusive right to sell or give away food and beverages and any and all other consumables, and to control the concessions referred to above and to approve the sale or give away of the above. Licensee shall not have the right and shall not offer for sale or give away any items reserved to Coca-Cola of Florida by Agreement with the City, nor shall this license confer any rights to revenues for public or private parking. Licensee, its agents or assigns, shall have the limited right to engage in concessions with regard to merchandise. All concessions must be approved 48 hours in advance of scheduled Event by the City or its designee. The City reserves the right to reject the sale of any and all concessions 48 hours before the Event. However, in no event shall the sale of any facsimile of any weapon, silly string, poppers or any similar item be allowed. (This provision may also be enforced by the City Police Department). In addition, Licensee may provide temporary structures at its own expense, for the sale of concession items provided that the size, construction and location of such temporary structures shall not impede the normal and safe flow of vehicular and pedestrian traffic and shall comply with all applicable laws and regulations. In providing the merchandise concession service, Licensee or any person, firm or corporation with whom a contract for such purpose (hereinafter referred as "Concessionaire") shall comply with the following provisions provided, however, that Licensee shall remain ultimately responsible to City for all obligations required of the Concessionaire: (a) Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this conceSSIOn. (b) Concessionaire shall not sell or give away or otherwise dispose of any commodity which in the opinion of the City shall cause undue litter. 4 (c) All food, confections, beverages and refreshments, etc. sold or kept for sale shall be first class and quality, wholesome and pure, and in accordance with Department of Health requirements and shall conform to all federal, state, county and municipal laws, ordinances, rules and regulations in all respects. (d) Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fixtures and equipment to City for approval at least one week prior to installation of any items. For the purpose of this agreement, "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. (e) The Concessionaire shall provide all maintenance, repair and service required on all equipment used on the concession. (f) Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or City, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by City. All state health laws and state health department regulations must be strictly complied with. All janitorial services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. (g) Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. (h) If the concession is operated by a person, firm or corporation other than Licensee, such person, firm or corporation shall at all times maintain workers' compensation insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; and provide fire legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be canceled or amended without at least ten (10) days written notice to the Risk Manager of City and shall name City, and its designee, its officers, agents and employees as additional insureds. 10. Event Personnel and EQuioment. Licensee shall provide all personnel needed for the Event, including, but not limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands. Licensee shall be responsible for the installation or removal of any additional staging or sound and/or lighting which is to be utilized for the Event or any other equipment of any type or nature which is needed for the Event. Licensee shall designate a management representative in a timely manner who will coordinate the Event with the City and its designee. Licensee shall be responsible for the cost of all chair rentals that may be required and the cost of all staging, lighting and sound equipment, except as otherwise stated in this Agreement.. Licensee shall be responsible for the cost of all repairs needed to the tennis center when repairs 5 are not the result of normal wear and tear. Licensee and the City's designee shall perform a "walk through" before and after the Event. II. Police. Security and Emereencv Personnel. Licensee agrees to make arrangements with the City Police Department and City's designee to provide for City police personnel which the City determines, in its sole discretion, is necessary for the Event. Licensee shall pay the officers at a rate to be determined by the City based on an analysis of the number of officers available to work the event, the number of officers required by the event and other factors within the sole discretion of the City. Licensee shall, at least thirty (30) days prior to the Event, consult with the Chief of Police or his designee and the City's designee to determine the proper scheduling of security for the Event and the rate that will be applicable for the Event. Also, Licensee shall contact the City Fire Department and the City's designee to make arrangements for Emergency Medical Service personnel to be present at the Event at Licensee's expense. 12. City's Rieht to Control Premises. City or its designee at all times reserves the right to eject or caused to be ejected from the premises any person or persons violating (or to keep persons from violating) any of the rules or regulations of the Tennis Center or any city, county, state or federal laws, and neither the City, its designee nor of any its officers, agents or employees shall be liable in any manner to Licensee or its officers, agents or employees for any damages which may be sustained by Licensee through the exercise of this right by City or its designee. 13. Insurance. Licensee shall obtain insurance at its own cost and expense of the type, nature, and amount and pursuant to the terms which are set forth on Exhibit "A" which is attached hereto and incorporated herein by reference. The City and its designee shall be named additional insureds on all insurance certificates. 14. Rieht to Enter. City and its designee and authorized agents and employees shall have the right to enter upon the subject premises at any and all reasonable times for the purpose of inspection and observation of Licensee's operation to assure that requirements of this agreement are upheld and that no violations of the rules, statutes, ordinances or regulations have occurred or are occurring. Said inspections may be made by persons identified to Licensee as City employees or City designees authorized for such inspection or may be made by independent 6 contractors engaged by City or its designee. Nothing contained herein shall be deemed a waiver of Licensee's obligation to hold the Event as provided in this Agreement. 15. Conclusion of Performance. All performances in the stadium shall end no later than II :00 P.M. unless otherwise approved by the City, or its designee. 16. Alterations. Licensee shall not make any alterations, additions or improvements to the Tennis Center or any part thereof without the prior approval of City or its designee. 17. Notice of Defects. Licensee shall report safety deficiencies or any defects it notices on the premises immediately to City's Risk Manager and the City's designee and shall cooperate fully with City and its designee in the investigation of accidents incurring on the subject premises. 18. Indemnification. Licensee does hereby release and agree to indemnify, defend, save, and hold harmless the City, its designees, officers, agents and employees from and against all claims, actions, causes of action, demand, judgments, costs, expenses, and all damages of every kind in nature incurred by or on behalf of any corporation, person, or governmental authority, whatsoever predicated upon injury or death of any person or loss over damaged property of whatsoever ownership, or copyright infringement arising out of or connected with, directly or indirectly, Licensee's operation pursuant to the terms of this agreement, whether or not the incident giving rise to the injury, death, loss or damage occurs within or without the premises. 19. Release. Licensee acknowledges and agrees that City, its designee, officers, agents and employees assume no responsibility whatsoever for any property placed in the premises provided for herein and City, its designee, officers, agents and employees are expressly released and discharged from any and all liability for any loss, injury, damage, theft, vandalism or other wrongful acts or acts of any kind or nature resulting in damage or loss to persons or property which may sustained by Licensee's use of the premises. Licensee further expressly waives any and all claims for compensation for any and all loss or damages sustained by reason of any defects, deficiencies, or impairment of the electrical or sound equipment, water supply, equipment or wires furnished for the premises or by reason of any loss or impairment of light, current, or water supply which may occur from time to time for any cause, or by reason of any loss or damage sustained by Licensee resulting from fire, water, hurricane, tornado, civil 7 commotion, riot, theft or other acts of God, and Licensee hereby expressly waives all right, claims and demands and forever releases and discharges City, its designee, officers, agents and employees from any and all demands, claims, actions and causes of actions arising from any of the causes aforesaid. 20. Taxes. Licensee shall pay any and all taxes levied on the property by reason of Licensee's use thereof pursuant to the provisions of this Agreement and on any personal property and improvements belonging to License located on the premises and all applicable sales, use, rental and other taxes which may be levied against its operation. 21. License: Fees. (a) Licensee shall pay to City, upon execution of this Agreement, for the rights and privileges granted herein four thousand Dollars ($4000.00) plus state sales tax and all taxes as referenced above for the use of the Tennis Center for the Event. This payment is nonrefundable, even if the Event is cancelled or this Agreement is terminated by either party for any reason other than the City terminating this Agreement without cause. The payment shall be in the form of a cashiers check. This payment is in addition to any other fees or reimbursements of whatever nature required or provided under this Agreement. The license fees paid by Licensee to City shall be forfeited if the Event is cancelled by Licensee. The City shall reimburse the Licensee the deposited money in the instance where the City might cancel the Agreement prior to the date of the Event. (b) Licensee shall pay to the City the costs as referred to in Section 4, which shall not exceed three thousand Dollars ($3000.00). Licensee shall pay these costs to the City at least 72 hours prior to the start of the Event. If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, terminate this Agreement. (c) Licensee shall pay for all police and fire personnel provided by the City for the Event. The City shall provide an estimate of the cost to Licensee and Licensee shall pay one half of the estimated cost to the City at least 72 hours prior to the start of the Event. Licensee shall pay the remaining half of the estimated cost to the City within 48 hours of the conclusion of the Event. Within 5 business days of receiving the final bill from the City for such services Licensee shall pay any remaining balance to the City or the City shall refund any amount that 8 was paid over the final cost. If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, terminate this Agreement. 22. Tennis Center Capacity. Licensee shall not admit to the Tennis Center a larger number of persons than the approved capacity it will safely accommodate. 23. Failure to Pay. Other than the payments referred to in Paragraph 21 which are to be paid as provided in Paragraph 21, if Licensee neglects to make any other payments to City within ten (10) business days after the day on which the payment is due and owing, Licensee shall pay to City for such privilege, an additional charge of Twenty-Five ($25.00) Dollars per day for each day's delay in payment, retroactive to and beginning with the first day of the delinquency or the City may assess interest at 12% whichever is greater. City's right to assess the penalties for payment made later than the day upon which payment is due and to keep all deposits in the event of cancellation, shall be in addition to its right to terminate the license and its rights to seek all other damages and compensation as permitted by law, upon written notice. 24. Waiver of Breach. Neither the waiver by City or its designee of any breach of the Agreement, condition or provision of this Agreement or the failure of City or its designee to seek redress for violation of or to insist upon strict performance of, any agreement, condition or provision, shall be considered a waiver of the Agreement, condition or provision, or any subsequent breach of any Agreement, condition or provision. No provision of this Agreement may be waived except by written agreement signed by the City and Licensee. 25. Controlline: Law. This agreement shall be deemed to be made and shall be in accordance with the laws of the State of Florida which will be controlling in any dispute that arises pursuant to this Agreement. 26. Entire Åe:reement. This Agreement constitutes the entire agreement between City and Licensee and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. 27. Force Maieure. Strikes and Unavoidable Causes. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor, materials or services, government restriction (other than 9 City), enemy action, civil commotion, fire, unavoidable casualty, utility disruptions or blackouts, or similar causes or any other causes beyond the control of City. 28. Sublicense and Assi2nment. Licensee shall not sublicense the subject premises or any part thereof or allow the same to be used or occupied by any person or for any other use than that herein specified, nor assign said Agreement nor transfer, assign or in any manner convey any of the rights or privileges herein granted without the written consent of City. Neither this Agreement nor the rights herein granted shall be assignable or transferable by any process or proceeding in any court, or by attachment, execution, proceedings, insolvency, or bankruptcy either voluntary or involuntary or receivership proceedings. 29. Notice. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Licensee: Either party may at any time by giving ten (10) days written notice designate any other person or entity or any other address in substitution of the foregoing to which the notice or communication shall be given. 30. Subtitles and Captions. Paragraph headings are for reference purposes only and in the event that such paragraph headings conflict with any of the substantive paragraphs of this Agreement, the paragraph headings shall be disregarded. 31. City's Desi2nee. For the purpose of this Agreement, the City's designee shall be JCD Sports Group, Inc., unless the City notifies Licensee to the contrary. 10 32. This Agreement is not effective until signed by the City Clerk and Mayor. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year first above written. ATTEST: By: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Approved as to Form: By: Jeff Perlman, Mayor City Attorney WITNESSES: LICENSEE By: (Name printed or typed) (Name printed or typed) (Name printed or typed) (Name printed or typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 200_, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped 11 JAN-18-2005(TUE) 08:23 DEG-Z9-ZD04 D9:IOAM FROM- JCD SPORTS GROUP (FAX)561 265 2752 T-3TD P Q01/0DZ P.002/003 H66 Brahm Dubin. President JCD Sports Group Delray Beach Tennis Center Mngmnt 1300 Park of Commerce, Ste 272 Delray Beach, F133445 9!ç..bmd@aol.com Ellen Jachera MCCNA 2005 Hotel Liaison PO Box Oelray Beach, FL 33483 (856) 655-4593 ')c. I 52 {' i!t4tdvna@bettsDuth net re: Convent10nrrennis Stadium December 28, 2004 Dear Brahm: In connection with our past two (2) meetil"l9s regarding the above-referenced matter, here are some bullet points as to why we, the MldCoast Convention of Narcotics Anonymous Host Committee believe the Delray Beach Tennis Stadium In conjunction with the Community Center would be the most appropriate venue for our next annual convention in October 2005: · People from all ever the Country will be In attendance. Thia influx of people to the CItY of Dstray Beach will definitely boost the local economy - by way of the sale of approximately 150 hotel room nights at local hotels and approximately 900 persons dining (breakfast. lunch and dInner) at the Downtown Delray Beach Restaurants, Caffee Shops. Ice Cream Parlors. ete...; along with shopping the local specialty shoppes. · Because this event is historically held In October. which Is off-season, we will be affording the local merchants revenue that would not regularly be accessible to them. · The Convention Is comprised of meetings and 'entertainment We not only share our experience. strength and hope of how we stay clean: but we also demanstnate how to have fun in recavsry without the usa of drugs (We are proposinS sPQrtlng events in conjunction with our meetings to be held at the City Venues; Le. Golf Toumament. Tennis Tournament, Basketball Tournament. ete...). · Delray Beach Is highly populated with Recovering Addicts that work very hard for our local businesses. Our Annual Convention gives these Recovering Addicts an opportunity to celebrate their hard efforts to stay clean and remain productive members of cur society. This convention is a way to give back to all those th¡;¡t live and worK in our community. · Most importantly, our convention Is held each and every year to carry our message of hope to the sick and suffering addict Our message states, .....that any addict can lose the desire to use and find a new way to live". Addicts from aU over the United States are consistently attracted to the MldCoast Area because of the volumes of individuals that are active In their recovery efforts here in Delray Beach. Therefore. by De/ray Beach allowing uS to host this convention we will be able to f1Jrther carry the message and promote Drug Prevention Awareness to our community on a much larger scale. Fer all of the foregoing reasons. we hope that you all will concur in our belief that our 6th Annual MidCoast Convention will be Df service to our cities businesses (on a business/commerce leval) and our residences (on a personal/recovery level). We lock forward to workIng WIt" you in this most rewarding JAN-18-2005(TUE) 08:24 ''IEC-ZS-z'OO.4 09: 1 DAM FROM- JCD SPORTS GROUP (FAX)561 2652752 P.003/003 T-37D P.DDZ/DD2 F-36G experienc:e. 1 can not express the gratitude that we all feel fram helping save just one addict's life through carrying our message of hope. We all hope that you will Join us In sharing cur message of hcpe and allowing Delray Beach to share in our gratitude. On a final note and gentle reminder, our next Host Committee Meettng is scheduled for Thursday, January 6. 2004. Any and all information you can supply to me regarding our inquiry that I may share with the MCCNA 2005 Host Committee would be greotly appreciated. If you have any fIJ"her comments or questiQns. please feel free to contact me at your earliest convenience. Respectfully requested, rlJ -1 . - ðtl~~ I ~ra MCCNA 2005 Hotel Liaison (856) 6S5-45rJ3 jst4tdyna@bellsQuth.net cc: Bob BarzclnsKy, Asst. City Manager Joe Weldon, Parks & Recreation o~ vJVl MYDELRAYBEACH COM City of Delray Beach Administrative Services Memorandum FROM· David T. Harden, City Manager ~~obert A. Barcinski, Assistant City Manager Agenda Item City Commission Meeting AprilS, 2005 Consideration of Approval of the Carver Middle School Band Sponsorship Request for Funding TO: SUBJECT: DATE: March 28, 2005 Action: City Commission is requested to consider a request from the Carver Middle School Band for a donation for the bands trip in May to perform at Universal Studios. BackflTound: Attached is a letter along with a sponsorship form received from Keary M. Pence, Carver Middle School Director of Bands, requesting a contribution from the City to help support the bands trip to Universal Studios in May. The school is trying to raise a total of $12,000 to make the trip a reality. To date the band has raised $3,000 of the amount needed. The request is for Commission consideration. No specific amount has been requested. Mr. Pence has indicated to me that he will send a representative to the meeting. The current balance in the City Commission event line contingency is $7,375. Recommendation: Staff recommends consideration of approval of the request in the amount of$I,OOO. RAB/tas File u.sweeney/agenda Doc Agenda Memo Carver Middle Schoo1 Funding qD R~C~ ~~" 2 , Z005 CITY MANAGER Mary Strat05, Pnncipa1 Mr. Pence, DIrector Office. 561-638-2131 Pence@maIl Dalmbeach k12 fl us Dear Local Business Owner, Subje<?t: Carver Middle School Band The Carver Eagle Band has been working very hard over the years to bring dignity, respect and pride not only to Carver Middle School but to the local community as well. This hard work has resulted in "superior" ratings at performance assessments both for the full band ~d for individual students. This year we were honored to have one of our students make "first chair" in the All-State Honor Band. The culmination of our hard work is an invitation to perform in May at Universal Studios Orlando. This performance is much deserved by the students at Carver Middle School but it does not come without cost. We will neeq to raise approximately $12,000.00 to make this trip a reality. We will also need to pay the full amount of the trip in the next 30 days. This is an enormous undertaking but with your help we can make this happen. Weare asking you to partner with us in helping to provide an unforgettable experience for this middle school band. We appreciate your support of the Carver Eagle Band and look forward to seeing you at our final concert on Tuesday May 3rd, 2005. Respectfull y, ~ ~ ·t .:::- Keary M. Pence Director of Bands Carver Middle School 101 Barwick Road De/ray Beach, Florida 33445 I '"",,'- \ ',' :',,, , " ' '~' . ' ,- ......,..... , ' " , . ~ : 1 , " . ,-,~- ., - .~- ,. \""-- < ....-' . , . .~ - '~': _ .....~ ~~ '.);,' J..: . . ~ _ . -- <"''t ~'., - ~<~ <- _ _ . _thL~~¡r:~our~~h¡'o~! . . , , ,F;; ,..- - ~ .' . , , " . "~._ _1.-- .. " '" -, ' , ~-, ~ 'Nâme '(ifBifsiÍí~$; ,',~, .' '. ' .. . , $SOO,or:n1ore ,- ' $250 ~ $499 , .'$1(:)0 ~~$i49 ~ ' -~ ~ ,'. , " . ~'<. " .... ,. . ' " ." ',/.;'eVe[sfofSiJonsiltship, , '.' .' "', ,,; i - :' _ . ;,: ' ': . :, -'~'- .~. <:: ' ,-,1 -.~ " (. . ,"_ .,""', ': ',_ " , ~ _' _: .~, :tvóit~.mé~·tièb~·,~~~,q,'iiCBd-~~.nb.M~·;'· . ÝöuWilÎaÌsoreteî· .>"..," - -. '-' ._, ,.........1 ~~ ~ " , t^""~., _ _,~.... page lid jn ~ ~Ea$1e 'BaiIèI ptpgnm ~-oœ ~,) ': - >. .,". ~ ' ' . 1Y~ \Vill_~c'~iÎ~a4ino\lr_~~"~propam roroDe~.) ". }-"...' ,~'-, --~, -' ,,-. <.:.- -,. < :¡ -,- --, ... - (YO!lwil(re¢!'lt..%p.g~itÍ'our~,~&¡1dPro~~t~y~,,. , . , , . > _ ~ ,- _ 0 , .. '" ~ ~ _ _ _ "T, ~ . _ :. _ _ ~ _ ....1c ." " ¡. :-' .. -- t ' '-J--~ ',._ J otberaínq,*nf. ':'" ',S- " _. " " " ,. " '., '. , ~,' _,~: ~ _~ ,'~:"'__ .~'" ' ~ .,,,' ...._, r,_ _ _ _,_~._ '_: '~.._". ,_ ,_ ',__;.__. ,.' _ I~lease, ,,:,a~*Ìrèci$,';va~iÍ¡' þhrér."tJÌlle-S~rfi.,~~ ,:dU,rÍi :i1iiirjz'd.~~ti':'''out tltJ:ff~ii~Ìt:' <. ". f,. '. < CarvérMlddle-SébOóITnlD Numtier: S9600ð783 . " " , . CITY COMMISSION DOCUMENTATION: DAv1Ø T. HA~N ITY MANAGER iód~ L THRU: P~L DO~G, ~ECTOR OF PLANNING & ZONING FROM: /'Šê~~RKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF APRIL 5, 2005 - REGULAR AGENDA APPROVE A REQUEST FROM SANDOWAY NATURE CENTER TO RESERVE PARKING SPACES IN THE SANDOWAY PARKING LOT TO ACCOMMODATE THEIR THIRD ANNUAL EARTH DAY EVENT o~ &1 I ~ ~ TO: I BACKGROUND AND ANALYSIS: The Sandoway Nature Center will be holding their annual Earth Day Event on Saturday, April 23, 2005 between the hours of 10:00 AM and 4:00 PM. The Ingraham Parking Lot, used last year, was unable to accommodate the volume of participants. This year's attendance for the event is anticipated to be between 200 and 300 people. The event itinerary (see attached) includes a beach cleanup, Busch Wildlife Sanctuary with a live animal display, Coral Reef Pool Shark Feed and a concert at 2:00 PM in addition to other programs throughout the day. The request is to reserve the south half if the Sandoway Parking Lot to accommodate the Busch Wildlife Sanctuary display, parking for visitors and shuttle bus and trolley vehicles. In support of this worthy event staff recommends approval of the applicant's request. Additionally, to avoid confusion and possible ticketing to event goers using other parking spaces in the lot staff recommends waiving parking fees in the lot for the day. ~ REVIEW BY OTHERS: Due to the late submittal of this request it has not been reviewed by any other boards or committees. I RECOMMENDED ACTION: By motion, approve the request from Sandoway Nature Center to reserve the south half of the Sandoway Parking Lot and waiving meter fees in the parking lot on Saturday, April 23, 2005 to accommodate the Third Annual Earth Day event. Attached · Request · Itinerary ~E FROM : SANDOWAY PHONE NO. : 561 274 9826 Mar. 30 2005 05:54PM P1 _.~~ ...., s~ Uoüse No.twe Cer.tet 142 Sotcti.. OeeoA R~ 'Deltag 'BeAek FlMida 99489 Fr«. Toe Seðtt Fax: 249-.,221 Feom: N"'~ ~ 'Re: 'PDgec: 2 'DrxÞ: 9/9012005 00: o fNgMt 0 Fot'RMew D'Pfeose Cotnm8l¢ D"PIeta 'Reply 0 'Pfeøa'ReeP "Please. &u1 ~ tke. Flyer for OW ~ llMÞoI. eOItk ~ SWJd. We projeet 200-900 visttots for tNs dog april29, 2005 cw! ~ W. to' tettlA.eSt oddtti.ottoL potIzing spoees lot the. p~ t& otteNl ~ Y04L fot. eoftS~ of thts rnøtter. N~~ £JCettdM. DiJeetor, Frientk of ~ House NOÍIAIe Cetdet ~ 591-274-7299 Fu: 591-274-7299 [<~~ '~> t·' r ~ .~. ! ;-= ~-V> : MAR 3 1 Z005 '" "", .,.,,4, , 't ,,_ ,,_ < ~', .. '<or FROM : SRNDOWRY PHONE NO. : 561 274 9826 Earth Day Mar. 30 2005 05:54PM P2 Every Day Presented by Office Depot and Sandoway House Nature Center Earth Day is Every Day Celebration Saturday April 23 Visit FREE for Earth Day all day from lOAM to 4 PM Events * Keep Palm Beach County Beautiful with a Beach Cleanup 10 am (first 30 participants receive a free T-Shirt and other prizes!!! !) * Busch Wildlife Sancutuary with Live Animals 10 -2 pm * Coral Reef Pool Shark Feed at 12:30 pm and a live Rock Concert at 2 pm All Day Pro~rþ1ms Backyard Habitat Scavenger Hunt, Butterfly Gardening. Environmental Crafts, Games, and Exhibits with local Environmental groups plus live entertaÏDment... and so much more! Join Us at Sandoway House Nature Center For Our Annual Delray Beach Party at 10 AM With Beach and Dune Cleanup and Prizes!!!! Enjoy the Fun, Food and Gifts at Sandoway House located at 142 South Ocean Blvd. Delray Beach, FL 33483 or Can 561-274-SAND for information! MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER éJ1 AGENDA ITEM # C\ G - REGULAR MEETING OF APRIL 5. 2005 HCR MANOR CARE FOUNDATION GRANT/COMMUNITY HEALTH IMPROVEMENT PROGRAM (CHIP) TO: SUBJECT: DATE: APRIL 1,2005 This is before the Commission to consider approval to submit a grant application for a non-matching grant to the HCR Manor Care Foundation in the amount of $140,875.00 to provide funding for one (1) year for a Community Health Improvement Program (CHIP) in the Fire-Rescue Department. Recommend approval to submit the HCR Manor Care Foundation Grant application. S \Clty Clerk\agenda memos\HCR Manor Care Foundatton Grant Apphcatton 04 0505 CHIP Community Health Improvement Proe:ram The concept of the Delray Beach Fire-Rescue CHIP program is to better serve our community and seniors citizens, which is experiencing a rapid growth rate at an estimated 80 million seniors by the year 2050 nationwide. (U.S. Census Bureau, 2001). The City of Delray Beach has a senior population of 30.5% according to the 2000 U.S Census Bureau. This demographical statistic has produced an increased demand of fire-rescue services, hospital occupancies, and community-based services. This, in turn, has led to a need for an outreach program such as a (CHIP) Community Health Improvement Program. The CHIP program will bring a closer relationship with our community and Delray Beach Fire-Rescue by providing education, assessing needs and finding resolutions to those needs. In turn, our personnel will run less public assist calls and hopefully have fewer injuries from lifting. The CHIP program will be able to solve problems for the community that cannot be solved by shift personnel. The Delray Beach Fire-Rescue Department will use fewer resources, such as apparatus, fuel, and wear and tear on vehicles. Some of our seniors and community get sent to the hospital needlessly, because our personnel have no other options available for that patient. These patients can not be left alone and they do not belong in the hospital. They are sent there any way only to be caught up in the system and repeat the process. This is taxing to the hospitals and frustrating for the patients and our personnel. The Delray Beach Fire-Rescue CHIP program's mission is to provide unique and quality care with a safe environment for our seniors and citizens in need. CHIP will provide options of care through education and resources, so that decisions about current and future care can be made while patients are still capable. The Delray Beach Fire-Rescue ClllP program can be characterized as a unique program in that our typical services are of the emergent nature (911 calls); this program came about as a result of the special needs and desires of our senior citizens, special needs citizens, concerns of Fire-Rescue personnel, and the community at large. The effectiveness of the Delray Beach Fire-Rescue CHIP program will be evaluated in several ways, through surveys and interviews with clients, and/or their caregivers to determine whether their needs have been met. Surveys and interviews will also be conducted with Delray Beach Fire-Rescue personnel and our Medical Director; Dr. Randall Wolff. We will also evaluate statistical data from our data base on Public Assist calls. *** To date, Paramedic Wolfer, while working on light duty has created case management service files on over 50 clients reported to her through operations personnel. Of those cases, she has found services that resolved the immediate needs of approximately 75% of those calls for help. This has caused a direct reduction in Fire-Rescue "Public Assist" calls, where patients were taken to the hospital because there were no other options available to personnel. This in turn has reduced costs across the board for the City, Hospitals, and the clients! The Delray Beach Fire-Rescue Department recognizes the need for an out-reach program in the community. The program will be presented to the City for future funding after termination of the Manor Care Foundation's support. Attached is a budget document describing how the funds will be spent as well as a current case log of the program's clients and actions taken. -....-. t. ¥. ~_..¡':- '.... . .!"...-_" - " -" , ' ,-" -~= , -,. ~ 31 > " " I I I I I I I I I , <' -'. . ~ ~ '~rgahì~atÎon Informati@n ,. *Nonprofit Organization Legal Name City of Delray Beach Fire-Rescue Department . *Nonprofit Organization Address 501 West Atlantic Avenue *Nonprofit Organizatio.n City Delray Beach *Nonprofit Organization State Florida .., *Nonprofit Organization Zip Code 33444 Nonprofit Organization Website Address delrayfirerescue.com *Nonprofit Organization Telephone 561-243-7400 Nonprofit Organization Fax 561-243-7461 Organization Type ----Public Safety, Disaster Preparedness & Relief *Organization's Work/Mission Statement (2000 character maximum) The Delray Beach Fire-Rescue Department's Mission is to provide the highest quality basic and advanced life support patient treatment and transportation services, fire prevention, life safety code enforcement, public safety education, fire suppression, specialized tactical operations, regional hazardous materials response, environmental safety services, and support of Homeland Security Initiatives. all intended to assure a superior quality of life We pursue this mission with determination and resolve...and with emphasis on proactive, cost-effective programs The Delray Beach Fire-Rescue Department responds to all calls for assistance within the City of Delray Beach and contracted areas of the Town of Gulf Stream and Town of Highland Beach. These include fire suppression, special operations, fire prevention and safety, CPR/AED training to the public, injury prevention, disaster response and emergency medical services Including ALS and BLS transportation. We began our EMS service In the 1950's providing basic first aid, evolving into the paramedic level of service in 1979. Currently, we provide first response medical assessment and treatment at the advanced life support level and transportation to local hospitals and trauma centers We have 144 full time employees. We operate six (6) paramedic rescue vehicles with (4) in reserve for back-up and maintenance, all with cellular phone capabilities Our remaining fleet consists of seven (7) Engines, three (3) Aerial Trucks, one (1) Brush Truck, one (1) Special Operations Truck, one (1) Tanker, Two (2) Command vehicles, Two (2) Special Events Response Vehicles (SERV), one (1) Public Education unit, Twelve (12) staff cars for a total of thirty- seven (37) units. Other resources are provided under an eXisting countywide mutual aid agreement. Contact $eclion *First Name Donna . JI I Executive Director Robert Moreland I I I I I I I I I I I I I I I I I I I I Detailed Proposal Info I *Executive Summary I The Delray Beach Fire-Rescue Department Community Health Improvement Program (CHIP) IS being formed to help meet the various and specialized needs of an ever growing senior population m South Florida This program has been designed to target the needs of the elderly, mflrmed and special needs citizens within our response area which Basic Proposal I nfo *Last Name Wolfer Title Paramedic/RN * Address 501 West Atlantic Ave *City Delray Beach *State Florida *Zip 33444 *Telephone 561-243-7400 *E-mail Address wolfer@cl del ray-beach fl us Executive Director Telephone 561-243-7440 Executive Director Email moreland@ci delray-beach. fl.us *Request Date (MM/DDNY) 03/25/05 *Project Title Community Health Improvement Program (CHIP) *Project Start Date (MMIDDNY) 07/01/05 *Project End Date (MM/DDNY) 07/31/06 *Request Amount $140,87500 *Organization Annual Budget $14,500,00000 *Previous Funding from HCR Manor Care Foundation No If yes, what? includes the City of Delray Beach, the Town of Gulf Stream and the Town of Highland Beach The CHIP program will focus on the Inherent needs of both the elderly population and the special needs citizens of Delray Beach, Highland Beach and Gulf Stream This will be accomplished by creating a safe environment for these individuals by uSing Fire-Rescue shift personnel as "Case Finders" who will report the information to the CHIP Coordinator The coordinator will then work to resolve the Issues by involving and coordinating the resources of the community, local government, our own Fire-Rescue resources, the patient's family and physicians The Delray Beach Fire-Rescue Department CHIP program can be characterized as a unique program in that, whereas our tYPical services are of an emergent nature. this program came about as a result of the needs and desires of our senior citizens, special needs citizens, Fire-Rescue personnel and the community at large. The Delray Beach Fire-Rescue CHIP program's miSSion IS to provide unique and quality care with a safe environment, to assist our senior citizens to Age In Place and to assist all citizens In need CHIP will provide options of care through education and resources, so that decisions about future care can be made while patients are stili capable Through long-term commitment to this mission statement, we will be recognized as a department that IS responsive to the needs of our seniors and community The Delray Beach Fire-Rescue CHIP program's objective IS to promote and support the seniors and community with education, assessment of needs and a resolution of those needs. CHIP will strive to create a safe and healthy environment that provides choices, promotes Independence and enables seniors to remain In their homes for a lifetime CHIP will also provide a valuable resource Paramedlc/RN/ contact for Emergency Operations personnel, this coordinator will create a link for continuity of care between the community, Emergency Medical Services and the hospital. *Nature and size of problem to be addressed The following represents a case study of a recent patient, her need for intervention above and beyond what she currently has She highlights the very target market that we are seeking to attract. This type of problem IS common, city wide and continues to grow at an astounding rate CASE #1 97y/o female with multiple public assist calls since 1996 Patient is In a progressively weakened state and has sustained Injuries from prior falls. The only survivors are patient's granddaughter and grandson both of which live out of state Patient's granddaughter IS charge of patient's finances and care. Income IS $1100 OO/month Patient is mentally sharp, but physically patient IS unable to ambulate or care for herself Patient wants to stay In her home, but does not have the financial resources to do so Patient's granddaughter is already helping with finances and IS trying to get her grandson to help also Patient now needs care around the clock Presently there IS no night time care In place, and sometimes none In the day when aide does not show up Patient IS not safe home alone SINCE 2002, FIRE-RESCUE PERSONNEL HAS RESPONDED TO HER RESIDENCE 87 TIMES *Project Goal(s) (2000 character maximum) I The CHIP program will provide options of care through education and resources to help citizens make decisions about care and create a safer community With decreased risks, hospital VISitS and deaths due to being left alone or having insufficient care CHIP will assist seniors to age In place, with dignity, security and purpose *Measurable Project Objectives (2000 character maximum) 100% of clients In the Community Health Improvement Program will be assessed and evaluated for needs within 72 hours of notification of those needs be educated as to available resources and agencies for assistance within 24 hours after evaluation of needs Additionally clients will be educated on staYing healthy and safe at home have appropriate agencies contacted within 24 hours after assessment and evaluation of needs. have a quarterly on-going follow-up for patients to make sure that their needs have been met and that their needs have not changed *Action Plan with Timeline (2000 character maximum) The project and staff will' find and notify the CHIP Paramedic/RN of those In need of services assess and evaluate needs and find appropnate resources to fill the needs through net working with other agencies and use of our own resources. educate about options of care, placement, staYing healthy and safe assist elders to maximize independence and remain In their homes with appropnate care or assist with other options protect eiders/invalids from explOItation and victimization by working with area agencies such as Police Departments, 211, Adult Protective Services, Areas Agency on Aging, Dlstnct of Children and Family Services and use of our own resources. assist with forms to be filled out, intake information for placement In available programs monitor an "Are You O.K " program to assist in community safety and secunty locate and track Special Need citizens for hUrricane preparedness and shelters This program will be implemented Immediately if funded by the Manor Care Foundation *Target Population Elderly I *Expected Outcomes of the Project (2000 character maximum) The project's outcomes will reduce injury and death to elderly and Invalids In the community reduce the patient load to the Emergency Department from patients that have no other options, but to be transported to the hospital, only because they cannot be left home alone It will also reduce their fear and frustration from getting caught In the system and repeating the process. decrease the demand on Fire-Rescue services running public assist calls, freeing our services to respond to calls of the emergent nature and will decrease lifting Injunes and Injunes to clients from falls solve problems for the community that cannot be solved by shift personnel have an on-going follow-up with the at-risk community. their families, Fire-Rescue resources and community agencies locate and track Special Need citizens for shelters In times of natural disasters *Evaluation Plan (2000 character maximum) The CHIP program will measure the project's effectiveness In several ways, through surveys and Interviews with families, clients and/or their care givers to determine whether their needs have been met Information gathered through other area providers, surveys and interviews will also be conducted with Delray Beach Fire-Rescue personnel and our Medical Director, Dr Randall Wolff We will also evaluate statistical data from our data base on Public Assist calls Collaborations None *Board of Directors (2000 character maximum) I I Kerry B Koen, Fire Chief *Involvement in Other Programs (2000 character maximum) Delray Beach Fire-Rescue IS a "Full Service Fire-Rescue Department" that responds to all calls for assistance within the City of Delray Beach and contracted areas of the Town of Gulf Stream and Town of highland Beach These Include fire suppression, special operations, fire prevention and safety, CPR/AED training to the public, Injury prevention, disaster response and emergency medical services including ALS and BLS transportation We began our EMS service In the 1950's providing basic first aid, evolving into the paramedic level of service in 1979. Currently, we provide first response medical assessment and treatment at the advanced life support level and transportation to local hospitals and trauma centers *Involvement of HCR Manor Care Employees/Residents (2000 character maximum) None Project Budget Supporting Documentation Doc2.doc-Support Letter Elder Affairs doc (108 5 K) Doc2.doc 211 Support letter.doc (121 K) WHAT TO EXPECT WHEN YOU CALL 911 doc (39 K) *Project Budget $178,941.88 *Sources, Amounts and Status of Project Support The City of Delray Beach is committed to fund all other expenses If personnel are funded by the Manor Care Foundation Projected expenses other than personnel for a one year budget are $38,066 88 *Budget Expenses (2000 character maximum) Personnel salaries *Would you be willing to accept less than your full grant request? Yes *Budget Priority Items (2000 character maximum) The major priority of this Grant IS to fund the personnel salaries for the Pilot project period If the full grant amount requested cannot be met, the Staff Assistant II may be cut from the budget for the granting period The City has committed to fund all hardware, office space, vehicles and other peripheral costs of the project *Long Term Funding Plan (2000 character maximum) The City of Delray Beach will continue funding this project when proven successful at the end of the granting period Financial Statements or Form 990 File Upload FmanclalSummarvCAFR2003 pdf (12584 K) Need Support? I I I I I I I I I ()~ . ~ ro ~(,)~ ~ a. I/) m I:: Q) emol/)ns 7 g È 0 ~ UC~Q)(,)~ 3: ~ ~ ~E- « .....~ o uOroaj C).Q ns Q)O I:: - :>..- 0> - C - (,):>. 0 ..r:::. - o~~~Sro~ ~ E Ë~m ~ ~SEc.. L.1. õ~ ~o~~C)~m z ð 0> OEo ë mO~~~() ° E~ -mc_cro~ :>. I:: ::I: > () ..... 0 -:>. g Cl)E' .~ ~ .~ ~ ~ S 3= & ~ C) 8 ~ a. 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(U mÕ )( I: ~ CD 0 ~ ~ (U_ CDOS CD I: CD ~ ... 0 :E [l,CJ) [l, I: >OC/J Z~ C Z ID Z 0 l- I u '~ - ~ CD CD Ø) ~ '1: J - u .. 0 .. c CD CD .. tit ~ CD .. = .. Q U E .!! .. J!I .. - CD CD C .. 'I: '; .2- C. ~ .c .. :t::: .. = ~ CD ~ .. c = Q, c c Q. .c -¡ CD ~ = :¡:¡ I. ! 'I: .. = õ CJ) m w CJ) ::) ... A- U A. ... .1:1 ~ 00 "C = "C f;Iit u Date: March 11. 2005 AGENDA ITEM NUMBER: q G AGENDA REOUEST RECEIVED MAR 1.5 2005 CiT'<- CLERK Request to be placed on: X Cons~nt Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda .M 6 1--;t.a::>J When: ~ 1;. 2005 Description of agenda item (who, what, where, how much): Approval to proceed with a non-matching grant apphcation to the HCR Manor Care Foundation to provlde one year funding ill the amount of $140.875.00 for a Community Health Improvement Program ill the File-Rescue Department. Recommendation: Approve application for one year funding. Department Head Signature: .Y ~ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Fundmg Available: Yes/No Imtials: Account Number Descriptlon Account Balance: Fundmg Alternatlves: (if applicable) City Manager Review: ApprovedforAgend,,&¡ No lnin.!" ~ Hold Until: Agenda Coordinator Review: Recelved: CITY COMMISSION DOCUMENTATION ól< r TO: THRU: FROM: SUBJECT: TOR OF PLANNING & ZONING PLANNER MEETING OF APRIL 5, 2005 *CONSENT AGENDA* INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2005-1 ACTION REQUESTED OF THE CITY COMMISSION The action requested of the City Commission is initiation of Comprehensive Plan Amendment 2005-1. Pursuant to LDR Section 9.2.1, amendments to the Plan must be formally initiated by the City Commission. I BACKGROUND ~ By Florida State Statutes, the City is allowed to process two Comprehensive Plan amendments each year. This amendment represents the first amendment for the year 2005. The amendment includes three (3) City initiated Future Land Use Map amendments, and two text changes, including updating the needs and analysis for the Open Space and Recreation Element. A brief description of each item suggested for inclusion in the Plan Amendment is listed below: CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS: o City initiated Future Land Use Map amendments for property within the Osceola Park Redevelopment Area from RDA-5 (Redevelopment Area #5) to CC (Commercial Core), GC (General Commercial), LD (Residential Low Density 0-5 du/ac) and MD (Residential Medium Density 5-12 du/ac) pursuant to the adopted Redevelopment Plan for the area; and o City initiated Future Land Use Map amendment to assign City Future Land Use Map designations to the recently annexed County Club Acres subdivision. The current County Land Use Map designation is MR-5 (Medium Residential 0-5 units per acre) and the Proposed City designation is LD (Residential Low Density 0-5 du/ac). o City initiated Future Land Use Map amendment to assign City Future Land Use Map designations concurrently with the annexation of the Delray Medical Center property. The current County Land Use Map designation is INST/18 (Institutional, with an underlying High Residential - 18 units per acre) and the Proposed City designation is CF (Community Facilities). TEXT AMENDMENTS: o Future Land Use Element - Modification of Policy C-2.6 to reflect adoption of a Redevelopment Plan for Redevelopment Area #5 (Osceola Park), and that future development in this area shall be consistent with the Plan; and o Open Space and Recreation Element - Update "Analysis", "Conclusions" and "Needs and Recommendations" sections to reflect updated conditions and to be consistent with the adopted City of Delray Beach Parks and Recreation System Master Plan. C\\-\ City Commission Documentation Initiation of Plan Amendment 2005-1 Page 2 SCHEDULE FOR REVIEW I The tentative schedule for processing Plan Amendment 2005-1 is as follows: March 21,2005 Initiation by Planning and Zoning Board April 5, 2005 Initiation by City Commission May 16,2005 Planning and Zoning Board Public Hearing June 7, 2005 City Commission Transmittal Public Hearing July 14, 2005 Receipt of Compliance Letter - No ORC Report August 2, 2005 City Commission adoption September 23, 2005 DCA Notice of Intent October 14, 2005 Effective date The tentative schedule for processing Plan Amendment 2005-1 if the State issues an ORC Report is as follows: March 21, 2005 Initiation by Planning and Zoning Board April 5, 2005 Initiation by City Commission May 16, 2005 Planning and Zoning Board Public Hearing June 7, 2005 City Commission Transmittal Public Hearing August 15, 2005 Receipt of ORC Report September 19, 2005 P&Z Adoption Hearing (ORC Response) October 4, 2005 City Commission adoption November 25, 2005 DCA Notice of Intent December 16, 2005 Effective Date I PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board considered the initiation request at its meeting of March 21, 2005. There was no discussion by the public and the Board unanimously recommended approval by a 5- o vote (Joseph Pike and Charles Walker absent). RECOMMENDED ACTION By motion, approve the initiation of Comprehensive Plan Amendment 2005-1 containing the material stated in this staff report. Attachment: . Location Maps of proposed FLUM amendments s:\planning & zonlng\longrange\comp\amend 05-1\05-1 cc initiation.doc ~ I ¡>-C K~ '/- I I I I I WEST ATLANTIC I." ....J ~ « DELRA Y PINES g: WEST WEST PLAZA PLAZA ()~ i ,\«.'v~ <}.*-~ O~ ~-J.. ~'f ~'v«- \) / <,\0 _ \..ú -:vv ""'.¡;;.~ \)0 · , iii ! · = · L-34 CANAL WASHINGTON R . LAKE BLVD N ~tI40l/ ~ LJD PUBUX ~ ¡::: o :,¡ 2 :::> <:( .lrJ ~ o -J -J f-~ <:::Q:: ::J<:( OQ U ~2 C\::J <:( ~ AVENUE I I r····-a · · · · · .. · NA nONS · BANK w > · œ 0 I .. · I II I · I I I I I~ ,¡:: I']! tf) I I I r·····..·····.. I r--' ..... >- ~. «... t- .. :::J. - ~. :E. , .. :I t- :::> o en _....~ '. COUNTRY CLUB ACRES -FUTURE LAND USE MAP AMENDMENT- CITY OF DELRA Y BEACH, FL PLANNING &; ZONING DEPARTMENT ... '\.. .. - MUNICIPAL CITY LIMITS MAP REF LMB25 -- DIGITAL BASE MAP SYSTEM -- VERDES >- <{ :;: (/) w o Q:C w > (/) <{ -' LINTON BOULEVARD "'J I w --.J « z « u COUNTRY LAK~ N - C A \ ALL 36 . ± D~LRA Y M~DICAL. C~N TER CONDOS.. South Trust ....J Bonk PALM « a::: I- " " '. ) COURT . ~ PLAZA WAL MART >- a::: « I- ....J ~ FUTURE LAND USE MAP AMENDMENT DElRAY MEDICAL CENTER CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF L!.t828 I # w r--- - 1>:1 - --~ :> > I - - w -,------ ~ « - c------- I f-- - I- ~-I , « I- CD ==~ - - - c------- ú) f-- - 0 - - - ---- ~ - - - c------- .~ « ~! ::> - - - - - - - - - - - ! ~ . - - - - - - - I W w I I - - W - (f) - - II -=>- . '--- - _Z SE ST .---- ----" ,,-- - W - - - - f------.JI ----: . - - ~- c--- I : > m - ::::~- - ---+- c------- f-- « - - - I--- f-- : - - f-- f-- - . - ~ === f-- - - f-- - I-------! - - f--- - ==ti ----- ~= - ~ r--- f----- /~ - I m r--- - SE ST - - ~ II -0 ' '0 - - -z z r--- - =I -:::) , :::) r------ z ~O g - - § m _ - - 0 - ~§.~ ¡--- - I- ¡---- - Z I---- If) I z >- - L Þ w I---- (f)_ « - ~ I--- - ¡--- - - 5: ~ _IJ)--=- ~ i' : . 2::: - ~ ST - ŒIIJ IT] w - - ¡ I I -- I- - - : I - « - - ~ DELRA Y - 5: - BEACH - - - EJ~~0~ - / - I i I - I .=== i i I - I U I , i W , ! ~:::)- ¡ Z ---, SE 6TH ,.---? T =-----, ~ W ~-- BARR TON « > - -- 1-« --- ::r:: - - ::r:: APT w w w l- I- I- .... ---¡ .- > > > ú) - - CONDOS <{ « « <..0 '\. - - - (f) ~ -- - - I- ! I - - « I w CHURCHILL ; - - w 0 --(.f) ,) CONDO I, I I- SE -~ '-, U I- IJc!J 0 o ,---2T~ I - ----- B < z a::: l- I N I") .... r--- - ~( 0::: I-Z - - ~ I 0 f--- - - I- / I- CURRIE BANK Z - COMMONS - - ~ /' I z ~ - I J I w BU/LOlre - I-(f) w w (f) I SE 8TH ST r- (f) (f1 ,..----... N - FUTURE LAND USE MAP AMENDMENT CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT OSCEOLA PARK (REDEVELOPMENT AREA # 5) -- DIGITAL BASE MAP SYSTEM -- MAP REF LMA 189 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~1 AGENDA ITEM # C\ J:. - REGULAR MEETING OF APRIL S. 2005 APPOINTMENT TO THE BOARD OF ADJUSTMENT APRIL 1, 2005 TO: SUBJECT: DATE: At the City Commission meeting of March 1, 2005, Mr. Samuel Resnick was appointed to the Code Enforcement Board creating a vacancy for a regular member with an unexpired term ending August 31, 2006. Mr. Sigurdur Hardester and Mr. Clifton Miller are both alternate members and wish to become regular members. To qualify for appointment, a person shall be either a resident of or own property in the city, and/or own a business within the city. The following individuals have submitted applications for consideration: John Bennett Sara Coen Sigurdur Hardester Jayne King Pearl Markfield Elrod Clifton Miller Bryce Newell George Thacker (incumbent) (also applying for the Civil Service Board) (incumbent) A check to confinn that all are registered voters was completed. All are registered. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2) for a regular member to serve an unexpired term ending August 31, 2006. Recommend appointment of one (1) regular member to the Board of Adjustment for an unexpired term ending August 31, 2006. / ð -I-aS' .' i?eJI'f\ed Af0 ~ 19'~ . -2081-- Cln' ÐF~ D.ELJIA,Y' 8~EAG:H _IOA.O Mii~.åo'.PP~le.1?I,øN /" ^., '':_,' ~-:': Zone J . . ae'(ÿJ~4-e b) P.1cøc U!Þ.e QIHtnnube {ßJJ.OMP2\Ülf~f1p.n: '1. ~d&m.éI~6v';~" :2. . Home Ac1~ss: .. 13?-' S~/'l-¿~ ~ . 3. Lcgù<Re;SJdéncc: 0- S~ç- ,4. FDn~parl)~šine:S( Â~eS$: .- , ~~'- . " . /'J/A (~/d a~~) "._ .' . . S. Rome P~:_B~ess Phônc: E;~~:. ;Cdl'Rh~ 2:::¡4-gK60 - <.;.J;~ðtdd.(".:J@~-4 L.Jlq-a~ 60 '"6. Arc you á ,r:egì.s.tcttc;~hi,()tc# : -1fI~'~;~~JÓU iègi!~é.ð)--- y &s ' i :. - ::þ~,44-7 ?f~ .' ~7: Wi!aiBoafd:(~)·.~~ouïø~tc.a~ìn·.ICfÝirÌg?~Jéase·1i!t}~cffa~~~é7.~Çe: '.'.~ ~~àí;µC JOH-Al '. ... ..... :.....G9~ , '. "D~7&-~ c·(?ìty ." ; rSÌáte . ¡:==¿. 'Ml o C- W. C~'7:~ ~-:.:;.¡~. -~!~ 73ye:r 2¥<!.Od~_ -. ~Staie' , : :'Statc ~~p;COdè -~ . rex: 214.-?LS-S- '. - '. .~ ~~-" ~",3~,-t . , -. ~ ,j¡~1f/M.rh~.,( Â7lvt1~ ~,-c..{IJ 13od~ of'~Wk.,i-.1- >AfwS.~~Á~--&'~ ð'ðe..;:¡'- _ ':8. Ust aU CiiB.ó.úd5-':on'j/bjCh.}.pù ~. éuim1tl}. IeMng or---túv.e;pmi~ijj,JèiVc¢'(píeØ~inëlUde·-dateS) . - '. . " -¡;~pt¡.s r;:~"t¡'¿j' Mf¿ ~ (w,? ()¡ (¡J~(~ 2PID ~h0l.:J Gsn...-;f(~<./ Ú/J/-0'L 9Þ Educ:apo~. ~fi~åoJlS: ' ," 8,A-. ~W; /"';/.. h4>1JY.1) S/...ØV"h. n.ú'Y('" ¿'/~ ~ 'J. P ~""í~~ UA«J~ Úù-J ~./.--:'i- LL.µ. Uh-f.Æ.~;4 4- (J~..Il-,''''-f~ -'](). .1:íst;any rdaté~;profe.s~ó~~~~èarlöns~~ ~censë~~~é)1~you~bØla: - - · '~. """~ / 7).4h-.-d J~ ('..../, .L 2'?-=---...... . .~ - . . >' .. '. ll. GiVe yoUt?'pre~nh ßf.mø:sÙ:~i~;ønp)õyct,.and pO~ißri:' . .. , u.s. IVA-'I/Y· SPtf"P ;f'/[)(,i· fl'Di/I)(.Af"€- ~/*'I~írC. A/,1W,ð'l..' ß~~ ~~j-Q.;J J . / .J:~ '~cri& ~ca~. W11(öiboviJcdge··whfèn-cpJifJ~~;;.erve~~~~~ (F~:~ a ~1'CSùmC). - > .Ýz¿. æiÞ.d.d.- .' - ',-/ - ~ - '. - - .: ;J~~'caPfy:iba!~ãl1'tl~e'~ "ta~~ ~·~~}I;.~!~~~~.~~~~~y·ritl'.iia~töfm~«-ñ~_1·&Gu' · '~Wnccn2;1 this/lRpJi~()Ø ~y â~c.fQÍ{~tuR,~my pp;t·Q.C;âMf~d ~yrecXive. ~.. "~~~ .' . ,. '. é?c,f-o~ ~) ~~ -- ~~. .'.~' . " ~Œ · . . ·..·N()~ 'Iñis'aRp1J~tiot;l.~.~ o~'fi1~ iti;~:Ciiy_~~~s'~m~~~.~ datckWá$7 <f'.' . ,~btn1~d. It·~ bc'¡þe ~c;,anH ~$Wílity,tD,CQ$uœ:,~'jJ:'~.pfilica~~ on ßle. '. . ~1ION _1m h J/ìJ OCT .'--1 2003 . :1-11 ,." ,.." ~ I .... n 1/ JOHN C. W. BENNEIT 137 SEABREEZE AVENUE DELRAY BEACH, FL 33483-7017 , , , ;- COMMUNITY ACTMTIES: Beach Property Owners' Association (Trustee 1999-present; Vice President 2001,2002) . Progressive Residents of Delray (PROD)(Director 1999-present; Vice President 2000; President 2001-02 E.P.O.C.H. (Director since 2002) Chamber of Commerce (Member, Local Government Issues Committee) School Advisory Committee, Atlantic Community High School (member 1999-2003; Bylaws Committee Chair 2002-03) PROFESSIONAL EXPERIENCE: ) 1995-present, retireq 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 ].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 (Inaètive) American Bar Association American Society of International Law SPECIAL QUALIFICATIONS FOR SPECIFIC BOARDS NEIGHBORHOOD ADVISORY COUNCIL: · Active for past several years in the affairs of my neighborhood association (Beach Property Owners' Association) · Active for past several years in broader issues of concern to neighborhoods throughout the City through membership on Board of Progressive Residents of Delray (PROD) · Aware of concerns of business community thr:ough service on Local Government Issues Committee of the Greater Delray Beach Chamber of Commerce BOARD OF ADJUSTMENT & NUISANCE ABATEMENT BOARD: · Extensive experience during my Navy career with applying regulations to specific cases. · Thorough familiarity with due process requirements for imposition of criminal and civil sanctions: developed while representing criminal accuseds and administrative respondents, prosecuting on behalf of the Government, and advising adjudicatoIY authorities. · Adjudicated innocence or guilt and determined appropriate penalties in a number of minor criminal cases. ORRAY BEACH ."..... ***** AHaaeñcaCity , ~ III! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION lease tint the followin infonnation: Last Name:Cœ-JJ Home Address: I 'Z-03 ME 9'/; A- ve - Legal Residence: ~ Principal Business Address: NameS?¡~ City ~e-I. ~ch City State "rc State City State Home Phone: Business Phone: Cell Phone: E-Mail Address: ~ I) ;;J. 76 - '$ 0 ~ fue you a registered voter? ,(50 __ If so, where are you registered? What Board(s) are you interested in serving? Please list in order of preference: 7/-a h/7~ .Æ1y 5~/o~¿}tó ML J: Zip Code ~3 <iG3 Zip Code Zip Code Fax: ~"I-e- J~ 1!!e.¡ríeuJ -'1nd e4~ce ¡¡J. of /ld u~ list all City Boards on which you are currently serving or have previously served: (please include dates) /Jo/Je: Educational qualifications: 7JOCTO~.- (Ph.cL ( ~:s ""Pocrve. ^1A-~ 4-T ¿/\-W-- · List any related professional certifications and licenses which you hold: /'on-.z.,q --an-.e. CAndl'(ÚH-e. j-<JI. '0 _ C~¡::'-e¿¡ Courr H~A4-ÐÆ /2-f!A-( ':;:;r;qrT:i ú~~_~ · Give your present, or most recent employer, and position: Ji$rr.-q- GVrT of: Ar>1'-ed.s ~~_ û-r.) W~.Yr ?A/n ~.-(AV.9. '04) k>n-J4 ~ Le.-.w CI~ (Zooz- · Describe experiences, skills or knowledge which qwlify you to serve on this board: (please attach a brief resume) 1vlt'ï-c:u/-r-anrVT Gx .Y7"e-r7ce .£ //1 é'vro <.;;ou,.4;. ~fC4 ~..l V.oS. :.00 J '>1 e,.J, -nrDlZ.. ~ ~u.J/-&:t QC c.<.,/ru-rM <,/4 ~d /e . &~-e.S" lG-r ~ow/~d of ¡{!eA/ E~ ~:.rv ;gJAJ. r1c...enr iI"J S- ~ leteby certify that all the above statements are true. and I agree and understand that any misstatement of material facts ntained in tlús application may cause forfeiture upon my part of any appointment I may receive. øS)oJ~ ~/~/ð~- ;NA~ ~ EtVED >te: This application will remain on file in the City Clerk's Office for a period of2 years &om the date it was submitted It will be the applicant's responsibM-tr(to~¡'tiQ~at a current application is on file. I M d\U\ ~ I TV CLERK SQTYCŒRK\BOARDV.PPUCA11ON :J€S Sara Coën 1203 NE 9th Ave. Delray Beach. FL 33483 (561) 278-8013 saracoen@hotmailcom Objectives and Strengths ~ am an attorney with a Master's in Trade and Banking. and European Law, currently completing an LL.M on Taxation. I :riD be sitting for the Florida Bar on July '04. I am a Certified Country Court Mediator Buent in five languages. My interests include urban zoning and planning, real estate and property law. I have experience in mediation and arbitration, oommerciallaw, conflict mitigation, judicial reform, and immigration. I have also worked with the World Bank and the United Nations Group. My strengths include: . Fluent in English. Spanish, French, Italian and Portuguese (written and spoken). · Excellent writing skills, good communicator and carefullisteoer. · Comfortable working with diverse multicultural perspectives, and presenting alternatives for conßict resolution. · Doctoral Degree in Common Law and Civil Code System with professional expeñence in the U.S., Europe, Latin America and Brazil. Education ~t. Thomas University, Miami, Florida. Master at Law (LL.M) in Taxation, Candidate (May '05). ~t. lhomas University, Miami, Florida. Juris Dòctor Degree. rhe American University, Washington DC. Master 'at Law (lLM) in Intemationiil'Tr.ddè'and Banking. Université de Ia Sorbonne. Paris, France. Studies ofMlil$ter- -in Commercial.Law,,4ffJ'European Community. ~~onal Court of ~ustice. The Hagu~. The N~~~. PríVf1te Interfiatiqwt/~,çe,jjJi~!jon. Jruversldad Iberoamencana. Santo Domingo, Qo~can Republic. Juris Doctor s..#,.lil!J1ft;:{;ull,·~ude. Joiversité Pañs X Nanterre. Nanterre, Franœ. Bqèhèldr in Arts in Business Adníiñistràitoiî' 6fTourism Enterprises. r . ~al E~rience . . .' c , )ISTRICf COURT OF APPEAL. West P3lm J1eaçb., Floridå.(,AQg. '04). Aw Clerk for Judge Barry Stone. . .... .' <, £'HE FLORIDA BAR Cypress Creek, Florida. (6/01- 10/02). :aw Cleric. Unlicensed Practice of Law Division. tonducted legal research, wrote memoranda. and affidavits. Practical litig3tion experience drafting subpoenas, preparing aleadings and interrogatories, participated in depositions and interviews. NTER-AMERICAN DEVELOPMENf BANK. W9RLD BANK GROUP. .W~~oó.. DÇ;: (6/9j '- 5/96). -.egal & Summer Intern at Budget and Evaluation.Dffìçe. Project Consultant at:,P:ØJ~çf;4na.lysis Department. Vrote internal publications regarding ex-post e\7à1úatíons of judicial and s~ia!:t~fò~.;añd·g~der issue projects in Latin \merica. Worked with judicial refonn projects, alternate dispute resolution; œnfJ1ctmitigátion'and trade barriers. )RGANIZATION OF AMERICAN STATES...W,ashington DC. (10/92 -.5/93). .ego/Intem. Legal Department. :.... , . _ . terfonned research in the Libnuy of C9pg.ess '3ñd wrote comparative anàI~is' fó~ tlu~ harmonization of regional 3gislation in intellectual property. :ETERIE LIDGI BULGHERONI. ~e Çoni~,' I~y. (7190 -12192). .egal Consultant. SilJc rnanufactùririg corporation: . ltepared and negotiated licensing agreements. Worked with copyright registration. )tber Professional Experience . ruPIINTERNEf INC. (CWTeDtlyY':!-p!MSN). Miamí:Beach, Florida. (6197 - 6/00). ~ntent Editor and Business Developer. . 'ounding team member of co~ÿ 'Pufchaßed 'by The Mièro~ft Network in 2002. Responsible for content. Drafted and egotiated strategic alliances. Prepared' preséhfatÏrin for Învestò'iS. ~ARDS FOR WOMEN. Wash41gto.u' DÇ.and D.~~y ~eacþ,~!~rida. (6/95 - IV99). Ounder and Marlœting Director. $pt!ciqliied.in rÎ!pro4l1ction of artwork laced company on the list of to¡Ý 100; VS .~SPanic_ BuS~s. Client list inèIù'ded Walt Disney, Coca-Cola, Exxon and :ïtibank. Participated in White House p~tatioIifór ~áIy Clinton. . :ONSULATE OF 1HE DOMINICAN REPUBUé. Paris, France. (1/88 - 5/90). - ssistant to the General Consul. randled commercial receipts and visa documentation. Served as liaison and translator for investors and diplomats. . - DB.RA.Y 8fAOt ~ ø Jt!lIl aCity " II I! 1993 2001 :CITY :OF -DELRA Y.'BEACH -BOARD·MEMBER ·APPLICATION g-If-ð5 f/)jr. information: ve- Namer - JJ&V~DUrL Ci ~ E- U" .A lS p.p..c t+ -City MLA Zip Code_ 33 \.{~ .L:!p Code 1. 2. 3. City ßOCA- {A-£bfJ --State Zip Code F<- 33L~1 . Fax; ocr/, 7. 8.. 9. Eduatiorud qualifications: 10. List any relatx:d professional-certifications and li:œnses- which you hold: 12. Describe experiences, skills or knowledge which qualify you to serve on tlùs board: (Please attach a brief resume) ::t elllNG ð {' 1JVHv<S S L~M;)cI2-,;tf{-f J"\A..ID J4G"'tT- S-JéILLS' Fit-ðw\' YI1 Te1Jvt1:E WI H ett.c..¡. Xßk I\¡vD ~eÌctt"µf. FùLL- kStMJ€.. (J ()µ fc vef1;- I hereby certi.fÿ that all the above statements are true, and I .agree and undecstand that any misstatement of material facts .contained in this .applica· n may ause forfçituce upon my.part of any appointment I may reœÏve. . '--'-- -·9 .../,.2 ~ 0,3.--., DATE Note: 11ús application will remain on file in the City Ocrk'-s Offiœ for a period of 2 years &om the date it was submitted. It will be the applicant's responsibility to ensure that a cutTerit ap¡!t~e ~Pl'LlCATION I ¡1) ~IJ AUG í 4 2003 CITY CLERK - £duc~ r 9-Q--o:} ~':BfAP1 .~ 1993 2001 CITY 0' ~ELRAY BEACH "'2bne / BOARD MEMBER APPLICATION \ 7. 8. cd: (please include dates) 9. Educational qualifications: 11. Give your present. or mos recent employ Note: This application will remain on file in the Oty Qerk'& 0 years from the date it was 5ubmitted. It will be the applicant"s responsibility to ensuœ~. ~ßplication i~.,... CITY CLERK ORRAY lEACH ....... - '~t?;;./Nr ?-PJ-ó5 ........ ;¡¡i~ 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~ L (2..0 '¡) Cí '"f;työ CWj- !2/l- 10 /1 State Zip Code: FL 3"3<t-~1- 9. Educational qualificatións: f/- ) G-JI S?C.hÓð 12- Desaibc: apeñc:nces., skiD.s or knowledge which qualify you to sc:rvc: on Ibis board: (p1c:asc: attaeb a brie:f tesume:) Note: 1his application'Wi1l rc.nWn on file: in the: ~I~or a period of 2 yeus nom the chtt it was oubmitted. It will b< the oppIiJd¡ =;:¡:;/y tb"t!!üom: dat . =t oppIicarlon is~_ /13/%004 17:11 FAX RESUME FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATlONAL ENQUIRER NEWSPAPER (14 Yrs) RE~TOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT: MERRITI PARK HOME OWNER'S ASSOCIATION (4 yrs) BOARD 1ŒI...mER PROGRESSIVE RESIDENTS OF DELRA Y (2 YEARS) MEMBER SWINW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMMITTEE FOR TIlE NW/SW REDEVELOPMENT TASK FORCE) MEMBER DELRA Y LOOP a.CO-MANAGED lROLLEYS FOR OPENING DAY EVENT b.WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING , OF LOOP-PICKING UP GARBAGE IN SWfNW SECTIONS c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCEMENTS OF 11ffi FOLLOW ING WEEKS OPENING CEREMONIES MEMBER FUND RAISING C01ß1ITfEE FOR TIIE MILAGRO CENTER. ~OUZfOUZ OaRAY BEACH bad ø-AmerftaC, 'tilt 1993 2001 3 -;J.¿,-ó$ - ßI-,r-eol . ¡ G-fcht>rqj (1(7 II /('0 ( CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ipformation: 4. Principal Business Address: City ~LC SPL , iJ~'Á State Zip Code State Zip Code 1. Nanie /) , - <...:.-L J F /6 IV /Y City Oa¿ Lí~ I!. tÆ-- 2. 3. 5. Home Phone: Bu$.Îness Phone: Skl-lJ19~ 6. Are you a registered voter? ~ S-dS"- Q3 DATE - Note: This application will remain on file in the City Oerk's Office forA.~~Vf!tUrom the date it was submitted. It will be the applicant's responsibility to ensure that a current appliation is on file. lID I ^/ -- MAR 26 2003 ><nY~ I ('f) 9í t1) ~J!J- _,~v r-I I:RK 'iijfr 1933 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION , (j¿lðttol- ~. ;LlNS' {)QAA.V·BtA.CH ._. 4. 0:. ..~ p. .. .- 7**~,* City 1/17 M..L State 0P Code rl .3.3 rty Stare Zip Code: State: Zip Codt: 'k:as¢ or rint the foUo infonnatÍon: · Last Name: A I / /vewel ~ HOIne Address: ;). E 0 Æ1 f ;J...,,; j A lie. '. Legal RëSidenCé: Nameßr- I c¿ City 11 vel" ,(5e¿uh S6.W!i2... '. Prinåpal BusinéSS Address: ~o. ~ ~ City '. Hom.e Phone: Business Phon~ E-M2.iI. Address: Cd! Phone; Fax; '. Axe. you a registered voter? eJ br¡ew e/f1 ~~flV1a:&.ø.l (fll)8t¡J-33f/ If so, where are you registered? ~Æ t{ J 78- 3ot8' '. What Board(s) are you intere:stéd in serving? Please list ïa. order of pceference: ðJ~ %J1~;r¡ ¿z/,j 2øF1JAo ~v4..F¡ ÆJeiqt~t7f(flJj /JiVJ~.í CClc/lc/1 :;;1E. ~/fHfll'e. · . ~~ ~ _. ty ~~~<i!.?D; ~~ch Y aré CUtte.?!!Y serving 0 ve pr~vÏously served: lea~~ ind~dl!: .~t~) · EduC1l.tÏon.a1 quali6carions: A .,It c~flq. Ie¿ O. list any related. profcs3ioaal certifications and licensêS which you hold: 1. Give your present; or mOSt recent employe:r:. and position;./' /. .()<:;. .Jfre/"/' Æea./tcí 2. Descnõe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) £€dr< htreby ca:tify that ~ tht: 1.haVt statements art true, and I agree <l.nd understand that any nñsStatém<:nc of mateOOl faces on~ ~<=efonei;;¿~I~~~Y'Ppom~ì;Ä;= IGNA . DATÉ · J AN 0 5 2005 ~ote: This application will remain on file in ch~ City 0cWA gffice for a period of 2 yeus from the date it was submi.ctéd Ie will b~ the applicant' s ..ap'i¥i1ß.~~~ure dut a cuu:ent app1ic~ltion is on file. S'aTY~ABDv\l'tUCAuœ< -- ---- - -. - -- --- -- --_.--- - --- Bryœ NeweR 2&0 NE 2Þd Ave. Debav Beach. FL 33444 Home. (561) 27&-3068 Cell (561) &43-1311 B-mail bnewe11l@hotmaiLcom PROFILE Madœtíng 3I1d saJes executive with 6 years ofhigb.level outside sales experiençe, mth a proven track reoocd in d¡:,veloping new business fdJ.d driving revenue in leading edge technologies. Strong analytical. ~v¢. and oommunicañon skills developed through assigmnrot:s in strategic planninf- marlcetíng communicad.Qns. product launc:;hc::s, IID.d ttliining. Excellent leaderstûp <lbiliù¢s danonstr.Ued by de.livering TeSUlts through highly moával:ed and ïmaginañve teams. Profl!SSÍtJlIal ~'¡mu ~N Comm..Dkatioas; West Palm Beach,. FL Sœior Aççount Exocu1ive 4/04-Presa:rt Provjde dma products and secvices. to business dIrougÞom FJorida and Gc:oQØa.. Primary focus on ürtemational multiple location corporations relying on high use data transport. In the top running fonoo1cié of the 201 half of the year awacd. McLeodUSA; 0aId:>r00I.; IT. Smior Account Executive 3/03-2/04 Mid-Marlœt telecoIDIDllIlÍçations sales position in greater Chicago land area.. My responsibility is to acquire new Business only. Services consist of PRI's. n·s. VPWs, Frame Relay and WIfeless. Typical month includes ruoning approximately 15 new appointmentS. resulting in 4 to 6 orders I3DgÎDg fìom $500 to $3000. ClearOne Commulliaûons; Westmont,. 0.. Senior Account MaJ\<iger 7/02-12102 Videocoo.fereodng Specialíst position. brought on fo esrablish madcec: share in Cbicago_ Company provides eod-to-end soluñol\s foe video, audio and web coníé("cnCÍDg S¢fVÍc¢s. Primary Ç1)Stomcr focus is Fortúne 1000 alJãHigher Education. marlœt. Ta1ldberg. LLC; Chicago. II. ~ooa.l M81181?t:f RespollSlòle for selling TANDBERG Videocooferencing equipmeo.t to EducatÍoo and Medical Agencies.. Partnered with coo.suItants and system integrators to provide the custome£ with a complete solution. Current taritory COIlSists of Hlinois, Indiana and Wisconsin.. 8/01-6/02 lDV'sew;. Chicago. II.. Busine$$ Develomnem Manae« 10191·7/01 W od:ed with equipment dealers. sysrem ÍD[egrators and teleœmmunicarion œD1p8IJies to develop newacçounfS. Inct"CUSCd company revenue by 20% by aeatiog a pa1tneßhip program.. Developed wod:ing relationships with system MegratofS. equipment manufactures and telecommunication companies.. Consulted 'l.Yith IT and Telecom Din':ctors on Videoconferencing services. CSC 0(1"1« Automation; RoUing Meadows, D... Maior Account Manasrer 'lDUCATION 1991-1993 1993·1995 2196-9191 AA-. Business Management. College ofDupage, Glen Ellyn,. II.. BS. Business Administration.. Loyola UnivetSity~ Chicago. IL CO·.J oc-· I CílÍi- C IIP.- -C-T -T - . Tn.-· ....'"'0 I ................T.. r.T....-.. .~. L...... . FR;õM IMA']I~:TI(", [;·"·A RAT"N JRI:FE[; lB ¿OOC; 11:44F,T.ll:4;/Wo.t::;6Ü01¿04~ F' . ...,..__. _c.._,... ~ ... .., . . .. ... ..........*... infonnarion: CITY OF DELRA Y BEACH (} aþ./{:¡r. BOARD MEMBER APPLICATIOIECEIVED FEB 1 8 2005 .:1-1 ¡~ð1 RK M.T. S Zip Code ~ Zip Code N:t.me G eO r- City r'iir 1993 2001 1. 2. Home Address: 3. Legal Residence: O~-C- Lð {-5h1&) 4. Principal Business Address: .:Þna1's,/,,;"( Lb.. t~J O~ , -" .f-- ¡.( ðð~ , 5. Home Phone: Business Phone: E-Mail.Addrcs!I: 5t 1-3~O -- &;¿g ~ 50 (.- ç" f - ~9?CJ 5'+w~, +(..~kr~ ,:n ó. Are you a registered voter? (4 City State Zip Codc 7. FL >:li<d 7 r-ax: -5Z> I -9" 1- ú/17 b 9. ds on which YQU are cnr:rendy serving or :vc prcvio~Jy $<:cvcd: (pleasc include dares) , ~ - ~ <::: ¿:t" h ð c/ , ~ c... to. Lise any rehired profcs::¡Íona! cerci£ia¡rions and licenses which you hold: 12. Dcscåbc experiences, skills or - 11. ms are truc, and I lIgree ;lod understand tiut -any mÏ.sSQlcemenr of material facr.s forfeit\.1re 1.1pon my p:Lrr of any appointInellC I may J:eceÎve. 51 ;;;? --I <6 -- CJ S- DATE Note: This application will remain on @e in dIe City Clerk's Office for a period of 2 yeatS from the date it waS :!ubmittcd. Ie will be the applicant:'s rcsponsibility to ensure d"lat a con:ent application is on 6.lc. 0 SlCITYÇLE\U..'"\DOAllDlAl'fUCA nON FR"M IMA'il;.TI'-·:, [;'-"·A R.n'-,N 2001 - Present 1999 - 1000 ,JRI) FE£¡ 18 ~ÛOC", 11 :4vn. 11 :4VW'. 6:ì600L:043 F' ., .\ George Stephen (Steve) Thacker 2403-C Lawson Blvd. Delray Beach, FL 33445 561-350-6281 Career Objective Posicio" iPl Enti!lpro'(! Rf!-source Plallni"g & Management with a progressive organization offering advanccment 0pPQl"funities based on achievement a"d re.mlts. Summary of Qualifications · Twenty years of experi.ence in all Q..fpp.cL<; of commu'Jications and marlretingfor the teJeco,"wlI.mications industry. · High(v motÍvatelL reslJlts-oriented profes..Qonal with broad background in territory deve.IQpmeT/t, a=unl.lproject management. with afocus on the Fortune 1000. · Demonstrated llnalytknl and organizational effectiveness. · ETceIlenl Interpersonal, cornm/mication and managerial.<;Jdll.f. · Proficient in ..'oice/dara/video communications and network design. · Pro\/en marketing expertì.re with stroll/! aptûude for sale... management Work Experience 'm.!!istics Internatl()n8~ Inc. (formerlv Pitnev Bowes Office Systems) lVadonalAccountAlanager Digital MesJaging/Doruml!nt Procenlng & ERP Managed Servic&' Solutions Provider: Cvoress Krrowledee ware Solutiol1.f Fartrrer; OEMs incl/~de Mirwl/a. ~ Panasonk. Toshiba Sharp. & HeideJbeN amo"g others. Designed &; enginured enterprÎSc- wide digital pli"tirrg & publishing solutia1Lf. color printing and 3{:aIJning. de.fktop pflblishing. desbop faxing. llnd rmifled nU!.ssaging solllfion... (LÍfhtllinl{ F<Lt). Noticmal aceoultl .mlcs maT1i1gemenl, while maintaining $JM e.).isting ac.cowlt ba~e. Summit Club 2003. Cla...sic Leadership Conje,-en.ce 1004. Ran1œd 3'-.1 nationa'~v. Norstan 'C()mmuDìcatloDs~ Inc. Account Manager/Communications Consultant .,' · rech,/ology Sollltion5 and Services Provider; Project Managed converged VoicelDatalVideo 1?1ICp.rprife Networks. Contact Centers and WorJrforce Managemenc Solution$. via IF Telephorry. Frame Relay. AIM and Unified Me.'i..'iagtng technology. . · Partners included Lucent. A JIT. SlJearaLillk Wireless. Cisco SY$tenl1i~ JJ/I!:lm.. MC/Wor/<:/cQm. Svrin{ íllHl. SprintPCS. PlctureTel g!JS! fi£L. $.iemens. Iw<.lÚ"U, Aspect. Corn\'ersc. PeoDle.soft. Blue PwT/kin. among many others. · Respol1Sible for existing CJ.T...'itomer base. while engaging '¡<-1M' business. fKÕ!M IM,~·l'-'TI;··;: £{,'"..~ R,~T"N 1997-1999 1995 - 1997 1994 - 199~ 1989 . 1994 1988 - 1989 1987 - 1988 ·:FRIHE[< 1~ 200[:, 11 :4~¡';,T.ll :4"¡/N¡\ 6:¡ô0012049 F' 4 Work Experience (Continued) UniDial Communications. Ine. (now Lightyear Communications) Authorized Agent - GST Communû:ations, Pre.dde.nt + R(:'-markettrlg Ag~,úfor MCI-WorldColrI. Svrint. William:>, fmíl1%£ offering wide-range. low- cost Teleldara communlcarlons services co commerdal (~:;lQmers. · !nìtwtecI Stralegk Partner and DistributiQn Channel relationship.v. + Managed inaugural rcgi.onal sales operations. · PRESIDENTS CLUlJ LCI InternationaL Inc. (now Qwest Communications) ~ationalAccountft{Qnager · Re~rpnn.<:ibIe for generating new revenue while maintaining exisling 4 million dollar base. + Managed Natio"al ACOJlmf SUppOrl Team. which :npporred exisling account.'f. · PrQject managed lhe design. engineering. mrd i1'L,<:lalla.tion of voice. data. and video networks. · Managed re:>pofl3es to RFQs and RFP.f,jacilitating Executève Presentations to Senior Executiv~ of Fortune 500 companies. · PRES/DENIS CIRCLE Award - 1996. Thomas & BettslNevada Western. Berk-Tek ManufactuuTs Representative, Oalc HiU Marketing · RespoTLSlble for marketing P"emise Wiring Systems and C<Jmmunka1ions Cable to exi,)'lÍng Disrributon,. whiltf gtfnerating rlCW revenUè! with Contractors and End-users. Data Processinsz: Sciences. Corp. Regional Repre~'entat¡ve · A.s D~lw-comm.unkatiQTL5 C..on.'fultant. responsible for design, procurement. and implemcntation of Integrated Wide Area Network and Local Area Network $olutioTL<: and products. · }.{anaged nation~1 territory of associate brokers. distributors and Cll.'ftomer ba3e whi~e ge1lP..ratirrg new business. · Repre.renred over 50 different mam.ifacturer:i oflretwork systems. data co",m,mic.ations hardware and related :s.oflware. Republic Roller Corp. (formerly Dayco Rubber) Account Representative · Marketed custom rubber roller recovering sen'ices to the printÏlJg. paper mill. metal treating. /amimlfing and relaled industrie.f_ 't' Interactive Comm....nicatlon Systems. Inc. A ccount Representative · Re-marketed data COmMunkalions hardware and software. (terminal emulation a,uJ fut: transfer) for IBM, DEC and UnisyslBurrough.f Mainframes and mosc UNTX Sy.uems. Partners included KX;. AtUtchmate. Emerald... i!.JJ!.!1!zg.. and BLAST. FR0M IMA~I~Tlt~ B0(A RAT~N 1985 - 1987 1983 -1985 1975 -1981 {FR I) FEB 18 200r, 11: 46/~;T. 11 : 4~I/N'-·. 6'-í60012049 F' r, Work Experience (Continued) Automatic D.ta Processin2. Inc. Dístricr Manager · Responsiblefor Markeling dallJ processing service.5 and software. · Supe""i.5ed Account EXI!,Cfdives ami Client Sen.·ice Representatives Pimev Bowes. Dictaphone Corvo Senior Account Executive · Responsiblefor Maj01" Ac.counJ Mar!œ[Îng!or dictation and digital ~'oice communication systems. CHAIRMANS CLUB. Education University of Cincinnati Bilch~lor of Fìne .4m" Degree. Broa4cllSt ComlflulIicøfÌons · Alpha Epsilon Rho Fratl!T71ity Professional memberships + Tri-Srate Technology A,5$ociation, Vendor Commirree · Advercisil1g Quh of Cincirl1lati + Rotary International COlDIDunìty activities · Boy Scouts of Ámel'ka. District Col71ntùte€. A.Ç.~t. SCOu.tma..~ter · Knights of Columbu.), E ourt}, Dt:gree " · Catholic Order of Forest(!,._~ · Cincinnati Arcs Festival, 'nc.. Sing Cincinnoti! - Steering Commicree + SPEDSQSA - Southern Gac~v ChQrus. Director of Marketing. Asst. Mu'{ÎC Director MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGERtflui AGENDA ITEM # q:T - REGULAR MEETING OF APRIL S. 2005 APPOINTMENT TO THE CIVIL SERVICE BOARD TO: SUBJECT: DATE: APRIL 1, 2005 The term for regular member Larry Zalkin expired on April 1, 2005. Mr. Zalkin has fulfilled one (1) full term is eligible and would like to be considered for reappointment. The term is for two years ending April 1, 2007. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacIty, official or otherwise and appointed by the City Commission. Eligible City employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business owner within the City. The following individuals have submitted applications for consideration: Elaine Calabrese Sidney Grossman Jayne King Patricia Westall Larry Zalkin (also applying for the Public Employees Relations Commission) (also applying for the Public Employees Relations Commission) (also applying for the Board of Adjustment) (incumbent) A check to confirm that all are registered voters was completed. All are registered. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat #3) for a regular member to serve a two (2) year term ending April 1, 2007. Recommend appointment of one (1) regular member to the Civil Service Board for a two (2) year term ending April 1, 2007. DRRAY BEACH ft.OatO'" ~ , IIII! 1993 2001 1-J9-ó6 C jefl) ca-l- i2e~ /'éÍ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please e or rint the follo information: 1. Last ~ame: _ *.... _ (". _ c; LA B "c :- 2. Home Addre~r d ~ . ¡- L.,afT ~ r- s ,- 3. Legal Residence: ..s.Ame 4. Principal Business Address: NEt.- ..Qty Þe.1 (< City M.I. City State Zip Code S. Home Phone: Business Phone: E-Mail Addre~: n Cell Phone: æ I Fax: gC,[J- 84,.3~ If::;~ ~~ ~ 8ð'1-qL¡{ 1 6. Are you a registered voter? Ý E 5" If so, where are you registered? IlL! ø l3etLch 7. What Boat<;f(s) fL5e you interested in se~? Plea~ list in order of p,refe ence: -;:J "" 1. I. /ï) l J , ~-er V { e Oo....f'1?t . f1~ -r-t. ~ L()fl1. ,8. List all City Boards on which you are currendy serving or have previously se~ed: (please include dates) 9. e 11 {tZ0Jz (lXßl (0 I ~~ \S CUs Up, Ve/> t 'f'f - Ke·/-' rfJJ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts con· . t!>"ap~nmg~mYP=of=Y'PPOintmø;eiìo¥ ATURE DATE /' Note: This application will remain on file in the City Clerk's Office 0 years from the date it was submitted. It will be the applicant's responsibility to ensure that a currs:¡n,t; aRRJiiation is on file. J U L l ~ ZUU't S'CITYCLERK\BOARDIAPPUCATION CITY CLERK tlai-1Ie P. Cala"rese zaG :ïlallders ¡ DølralJ Beaeh, 11. 33434 P"oue: 561-865-883-5tlffail:laifteJjtl øø@aol.tøm JUIUIé Objective: To serve the City ofDelray Beach in establishing viable labor/management relations. April 1977 - June 2000: New Jersey City Univenìity - 2039 Kennedy Blvd. Jersey City. NJ 07302 Principal Clerk-Typist - History and Women's Studies Duties included aU types of secretarial work. i e. answering phones, computer skills; filing, correspondence; expertise in maintaining inventory and office equipment; liaison between faculty and students, supervising a number of student employees. Union Activities: Communications Workers of America, Local 1031, Branch President at New Jersey City University 1979-19&3; Shop Steward 19&3-1998. Special Training: Affirmative Action Training sponsored by the State ofNJ - 1980 Civil Services Rules and Regulations for NJ sponsored jointly by the State ofNJ and CW A Local 1 031- 1981 Certifications and Awards: Affirmative Action Training - 1990 Customer Service Training - 1998 Honorary Alumna - 1980 Employees Suggestion Award - 1980 CW A Certificate of Appreciation - 1988 DRRAY BEACH .. to.. . 0 '" f(¡¡r 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1J-/q~¿;{P Refl'rp (¿ ***** ML 131iAe-1J State ~¿ State . Zip Code 33 r'l Zip Code 4. Principal Business AddreSS~ fA City State Zip Code ~ÞI 'Ic¡~...~'I~J 6. Are you a registered voter? Y Æ S - E-Mail Address: Cell Phone: Fax: (Ç/?I) S¡OPIl.J;.z2t>BI1ÞL b71~1'1?rt ~3~·Z¡9I¡'J If so, where are you registered? fAt.h I!>/i J:.C# CTý 5. Home Phone: Business Phone: 7. What Board(s) are you interested in serving? Please list in order of preference: /.) IJJ l.fé Ii /11 I'L p y IZ (J S tl (i-t.. ,..- 'P C zÞ /"1"'" / J. / P. C I ) t {,.. s tE.tZAII C-6- ß {7A-~ ~. List all City Boards on which you are currently serving or have previously served: (please include dates) - 9. Educational qualifications: 13 ~ .$, (/ft t;:It/iJl u µ {I/ ~ -&> 1= c... o~ pJ ¡:¿c.7)c?'/ 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: Ii- &' /LIl S' Æ~ / Æ () S.D Ii.. r L r "", n{ 7?~ Il .s (,.) t:Z ~ v L.. K::.. t7 7 1J~tŠrt2-.rc.-T ~P4/tlÆ C>~~/C4-. 1'7/- ¡e;12. 12. Descrioe experiences, skills or knowledge which qualify yo to serve on this board; (please attach a brief resume) IL~Jv IS c:- I hereby certify that all the above statements are true, 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. . ~~ 7-¿6-ðfF lGNA: .. DATE Note: This application will remain on file in the City Cle s ce 0 eriod of 2 years &om the date it was submitted. It will be the applicant's responsibility JUtnsprr tltak1 current application is on file. , .. lUU't S\CITYCLEllK\BOARDIAPPUCA110N CITY CLERK During the late 1960's to mid 1970's, I served with the Civil Service Employees Association in Suffolk County, New York. I was the white collar Grievance Chainnan, mediating and settling grievances between management and labor. I also served as a member of the Statewide Legal Committee, which met in Albany, New York, for the purpose of adjudicating the amount oflegal assistance to state and local employees in both grievances and charges brought against them. As an elected CSEA official, I was the county's representative to the Statewide Board of Directors. From the mid 1970's until my retirement in November 1992, I was successful in fonning the Suffolk County Detective Investigators Police Benevolent Association (the law enforcement ann of the District Attorney's office) and getting it certified as a separate bargaining unit within the county and state. As President for the first sixteen years, I assisted our attorneys in collective bargaining, arbitrations and any other inter- action with state and county officials. During this timeframe, I was also a member of the Legislative Committee of the Metropolitan Police Conference and served on various statewide committees ofthe Police Conference of New York State. Although I worked on the union side of the table; in my many years of experience, I was able to comprehend the views of management. S¡.IJ¡t/l3t g¡Z.pS->~~ A~ ~!!.:- - . Uacttb r 9-'1-0.7 - pFfR"A~ B~C~ .- '1lfr 1993 2001 CITY OF ~ELRAY BEACH BOARD MEMBER APPLICATION "'Zðne / \ 2. cd: (please include dates) 9. EducaåonaJ qualifications: 1 t. Give your present, or mos recent employ . Note: This application will remain on file in the City Oede's 0 years from ~ date it was submitted. It will be the applicant's responSJDility to ensure ffl& ml!plication is ~11ON J ¡(J J¡ c¡ CITY CLERK OElRAYBEACH ~ ANa8lcaCity , till! 1993 2001 5~d&. -C)(Ó (};náJ laVJ f CITY OF DEL RAY BEACH BOARD MEMBER APPLICATION 2. .J '-"I¡- . - \ 'A ¡ e- i Lì A City I \J--àe ". ß&-ÝÌcJ, City / S~t State M.l. f Zip Code .5 Zip Code 1. Name I ~ , ~ i - i O-õ;ì'~ 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: Cell Phone: Fax: 5_1. \ \I f r (- e- \0 \. .) 1, :::> 6. Are you a registered voter? --- - 7. List all City Boards on which you are currently serving or have previously served: (please include dates) ~\..\i1'\i2-- I I 9. Educational qualifications: , . C-1I , 10. List any related professional certifications and licenses which you hold: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) m...e..- "', . I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts c ntal e~n. this app~on may cau!~e forfeiture upon my part of any apPointmenJI may re\ceive~. . \' tì .--- -"" . ? ~'::.,_('i ì ¡ SIGNAWRE R E C ËATE ~ote: This application will remain on flle in the City Clerk's Q.ffice for a peno of 2 years from the date it was submitted. It will be the applicant's responsibility to eR1~ ~&- 211ff~nt application is on file. U, s\CITYCLERKlBOARDIAPPUCA TION CITY CLERK PATRICIA T. WESTALL 1102 Seaspray Avenue Delray Beach, FL 33483 561.243.7959 Patricia _ Westall@hotmai1.com --------------------------------------------------------------------------------------------------------- SUMMARY A high energy healthcare professional with over twenty years of experience in client services, specializing in clinical consulting, marketing, sales, strategic planning and administration. Excellent problem solving abilities and group process skills. Can work with professionals and groups at any level. SKILLS CLIENT SERVICES Managed hospital accounts at executive level as point of contact, from initial delivery/installation through complete product/service delivery with consistently high customer satisfaction ratings. STRATEGIC PLANNING Directed hospital strategic planning process. Served as planning consultant to clients for defining goals and objectives, negotiating vendor contracts and refining market share strategy. MARKETING Directed marketing activities for clinical outcomes management firm and was VP of Marketing for large urban hospital. COMMUNICATION Strong presentation skills refined through managing a variety of sales presentation models to large and small groups, including physicians and hospital boards. SALES Successfully sold multi year contracts for clinical! financial outcomes products and services to hospitals and health systems. EXPERIENCE June 2000- September 2002 Consultant and Independent Contractor, Atlanta Georgia and Delray Beach, Florida Hospital and Physician Practice Managed Care Contracting March 1998- June 2000 GE Medical Systems Healthcare Solutions, Atlanta Georgia Regional Director/Senior Manager, Client Services Responsible for account management for clients in multiple states as well account renewals and additional product and consulting sales. September 1990- February 1998 IAMETER, Inc., Atlanta, Georgia Senior Manager Presented, sold and delivered clinical outcomes products ¡services to administration and medical staff. Directed marketing activities and training of new sales, marketing and account management personnel. Participated in planning sessions as well as development of new consulting practice areas. July 1983- April 1990 GEORGIA BAPTIST MEDICAL CENTER - Atlanta Georgia Vice President, Planning and Marketing Directed pianing and marketing functions for this 500 bed non-university teaching facility and its affiliated organizations. Coordinated strategic planning process. Directed development of data support systems. Managed public, community and guest relations. Coordinated all physician support activities. Supervised staff in six supporting departments. June 1982 - July 1983 EGLESTON CHILDREN'S HOSPITAL AT EMORY UNIVERSITY Atlanta Georgia Strategic Planning Analyst Coordinated statistical support for facility strategic plan. Served as liaison between hospital board, administration and long-range planning strategy consultants. EDUCATION 1990 M.P.H. - Health Administration Emory University - Atlanta Georgia 1979 B.B.A. - Healtb Administration Georgia State University - Atlanta Georgia SELECTED PROFESSIONALNOLUNTEER ACTIVITIES · Society for Healthcare Strategy and Market Development of AHA · Georgia Society for Healthcare Planning and Marketing, Past President · Women Healthcare Executives, Founding Member · Georgia Nurses Foundation, Inc. Board Member 1994-1996 · GSHPM, Annual Meeting, 1993, Faculty · NARDO, Soutbeastern Regional Meeting, 1994, Measurine: Provider Performance, Presenter · Quality Review Coordinators of SW Ohio, 1994, Makine: Sense of Data, Presenter · South Carolina Health Information Management Association Annual meeting, 1995, Presenter · International Communications for Management, Direct Contractine'96. The Future of Manaeed Care. 1996, Presenter · International Quality and Productivity Center, Best Practices in Direct 4:ontractine.1996, VVorkshopleader · Community Service Award, VVomeD Healthcare Executives, 2000 · 4:edar Hill Enrichment 4:enter, Board Member, 1999-2002 · Metro State Prison for VVomen, Atlanta, Volunteer, 1997-2002 · Palm Beach Literacy Coalition, Reading Tutor, 2003 - present · Delray Beach Residents Academy, Graduate, May 2004 · Beach Property Owners Association, Design Guidelines Task Force, 2003 -2004 .!:l~~ or pànt the foU - iniomurion: [1 LutNamc: ?" '-- ¡¿ ,,J 2. H(ltue. Addrc.sZ r7 --1~4 ~,.JGI~Cð º~ 1.3 LcJrilI Rc;ideuce: )' ¿ 4. Påocipal Bu&n~s AdcL.'es:s: Gcy î~o ç ß.ISC~ryé &vÞ. ç~ $4<Jo W, I 5 H')[J).e Pho~: ßusines$ Phone: E-M:ail Addre,ss: Cdl Phon!'}: g" 4'18-0740 ~f bS'l-6$Ó/ l2I/t-J4 ~~. .16I)~~}..-/L.j7~ 6_ ..4v.e you :11 .rcgtstcted votcc? Y~ ~ If ~O> where &.rç you Ie~stercd? I') r.. / c.-> Ç?f".-rt Ctit~t.A~"l'1 !f.RE~/'it:-z..2Q'f1;> 7. 'Xf}¡:.t ß')Ud(SI) :uc; you ÎlIœtts~4 in !;~? Plc:ue list Úl ordrof p[:cfuec5¢: ¡[) _ r (..t VI t.- S-~V/c..~ C2oMl--O __. o,Z- (,ft.N~etf1ILO'f¡¡;¿r ~lltE.-It~í ~_. 03 ~g u~ rUE 13:0~ p~)'.. B~ÇI,! !!S!! "III! 19~3 2001 FAX Ml Z4;' ;)71.( C.Jl) ,<J&R'l_ _ _ _ _ _' _ __ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~v6 4-1 State çL- S~tc Name State .-- J~ Fax: r.' ù.,.u C~y \Iou'" on ~d. you "" ;r:;....dr """"'g 0' h¡'< p,eviou.!; _O± (I>~< inclod. "'tö) - CAVIl.-- ~~VIU Q~ _'t 0 s TT) ~)" ._ , .. ~~li6dno"" f7 r!J. / tI -- --- I> S If - ~PL4.. Nlvt:lJrS/T'-7 US ~a'f aliff' IN. N~~V~1>é $~ 1&t,Nrr¡(r 10. 1l~rt:1.- ¡:döttcd p~of~i'onal cEorti6ç2Úon:s -.wd licenses w~ you hold- ,".2~c:D N }~'-;71t¡Jr 14Ot/}fpjL - tlqJ Sd2.-J~ (/12d~ G £_L-ICt;:¡v ~ 11. Give ynll.r present, or most U¥t anployc4 and posJl.lOIJ: ._.~&.~~rrl/n(.,Jtft. ~(I~()/l- 'L6ôcw/ UC- - !ûOO) ---- fi/JMllà/ ðtlv~¿}7 3-ð9-lJ1 M.t--- ZIp Code 33'1 Zip Code Z.ìp Cod~ 3 !11/ I -¡ . - àlÆ~ C'-l~rðEvi20-f"~_ -.-- 12 pe!~~ !:~~D~. skills at: L;ow!s.¿ge w!uCll ~ualify )'QU to) s~e ~ dJs ~d: (F'l~s~ att::lœ a bcief ce¡¡:tunto) L 1./ J ø:r:- Æf'F"Jr-I , 1/9t A-,...[) JJfl.. hi 1,-", 7 7'f2t4.TJ "I¿ ð¡: ff?B<- O~ ¡;;~---il.o~ . ~ 'Þ W <;71I<t{~" ~ (,~IIfpF. ka,,~/¡JU- HI. Þ/""'lð.o.,Þ-'r OF fI~o ,'!?J.J I~ ~(.IO~ t;~ ~ 9 l/.t~~ l!øct('tlú:h (, N ~ fØCi¡OO Ii ~/Ø~/VOIJ -JNJorl GII1~tJ!J' I r h~ftb~ <:cr:cify U1Qt "jJ tho: :lbo">:: IJtatemeDt:!. U:~ true. Uld I 1i~ce and u1IdQ:uand I:h1t ILD.y t.nÎ~3ml~~c c( mdw,,-I f.ct$ l cç.ntau~ed it:. t.bi~ pIicanoll m:r causc forfeiture upon my pll.:t of 3-D.y :1ppoÎ.ilDn~Dr I In,,"\' r~ceive J l------ --.3IY~L__. ~GNÃ~JRE DATE Not~· ffïs appliC"Abon will I:enWn on. úle 10 the- City Oak'E Of£íc~ for l period of 2 re-:.s:rs ~)Ç1_ tþ.~ ~~~J; ~h ~ubtnl~éd. It will be the a . - i's les Qnsibilitv to e:n~UI} th!>T "rt,ÞT'" .. "pptìc;ation l;:-orl.-Bk.' ,:c__ ,j # ICe.::! -h L Lf. - "th. It XB.::I S'«;I tY<:UJIUW"OAJl!A.o.f'ru(J.'r}-J/' <1$Q(... ~ 1.. #MOlld MAR? 9 2005 .5 '1 0 0 -l<.!QcrOJ 31) ('01 "3 OJ. Ci r'y' {.,LERK Ht -=I"'\;¡',4 t JT >I,\;¡,;' },;>-;>-\;¡', CH1CI ~~:~T ~~~~/~~/F~ LARRY ZALKIN 7204 Francisco Bend Drive De]ray Beach, F]orida 33446 Home: (56]) 498-0740 Office: (561) 653-650] PROFILE Accomplished executive with diversified entrepreneurial, financial and managerial expertise utilized in a variety of changing environments. Particular strength in: Financial Management Operational Management Team Building Strategic Planning Mergers and Acquisitions PROFESSIONAL EXPERIENCE WESCOTI FINANCIAL ADVISORY GROUP LLC. Palm Beach, FL Director, Client Development 2002 to present Financia] advisory affiliate of law finn provides financial planning and investment advisory services to individuals, trusts, foundations and retirement plans and has over $600 million under management. HUDSON BAY ENVIRONMENTS/STEELCASE INC. Bronx, NY Controller/Consultant 2001 to 2002 Consulting engagement initiated by Steelcase finance subsidiary to stabilize and reorganize financial affairs of this privately owned office furniture dealer. · Renegotiated all credit facilities achieving liberalized tenns and higher loan limits. · Redesigned financial reporting infonnation with enhanced management infonnation. · Negotiated Management Incentive Program which was mutually beneficia] to creditor and owners. A. POMERANTZ & COMPANY, Philadelphia, PA 1998 to 2001 Executive Vice President and Treasurer & Chief Financial and Administrative Officer This privately owned enterprise sells office furniture and ancillary design, asset management and maintenance services to Fortune 500 companies, universities, medical institutions and professional service finns. Its 77 employees, operating from two facilities, generated $36.8 million in revenues in 1999. Responsib]e for introducing and directing the implementation of financial, administrative, sales and operation a] management techniques and measuring their effectiveness. Direct responsibility for Finance and Administrative Group and Operations Group. · Fonnu]ated, implemented and directed planning and measurement disciplines including Profit Planning, Cash Management, Human Resource, Capital Expenditure and Technology processes. · Fonnulated and implemented extensive organizational restructuring which resulted in the consolidation of positions and expansion of roles and responsibilities. · Managed the significant improvement in financial perfonnance from 1998 to 1999 with sales increasing from $30.4 million to $36.8 mi11ion and net income increasing from a loss of ($200,000) to income of $579,000. PAGE TWO LARRY ZALKIN · Restructured all credit facilities resulting in less stringent covenants, substantial increase in capacity and expanded relationship. · Fonnulated and implemented aggressive cash management program which reduced days- sales- outstanding, inventory levels and redundant deposit accounts, and increased collected funds availability. · Established vendor assessment process resulting in replacement of professional advisors including lawyer, accountant and insurance broker. · Restructured property, casualty and employee insurance programs resulting in more appropriate coverages and reduced costs. QUAKER HOLDING COMPANY. INC., Santa Barbara, CA Vice President & Chief Financial Officer 1995-1998 This privately owned enterprise has a diversified portfolio of 15 operating companies primarily concentrated in the energy industry and the airplane maintenance and modification industry. Responsible for implementing financial and operational management disciplines, restructuring existing portfolio of assets into logical and profitable business units with enhanced debt capacity, and coordinating, developing and implementing activities in the fonner Soviet Union · Fonnulated and implemented the financial, marketing and operational restructuring of a $240.0 million coal production group. · Negotiated a Russian-American joint venture agreement and managed the licensing, financing, construction and operation of the venture's 500,000 ton per year, $10.5 million coal mine. · Negotiated the acquisition, and responsible for the management, of a 70% interest in a Kazakh-American joint venture structured to finance, construct and operate a $25.0 million copper project in Kazakhstan. · Structured and negotiated the acquisition of a majority interest in a Russian joint venture holding a license to exploit the world's largest undeveloped copper deposit. O'BRIEN ENVIRONMENTAL ENERGY. INC., Philadelphia, PA President & Chief Operating Officer 1994 This fonner American Stock Exchange listed company develops and operates cogeneration and biogas projects that produce electricity and thennal energy for sale to industrial and commercial users and public utilities. Its 183 employees and six primary subsidiaries generated $97.7 million in revenues during its 1993 fiscal year. Provided counsel to senior management and Board of Directors in fonnulating strategic, financial, operating and marketing objectives. Represented the company with all constituencies including customers, suppliers, financial institutions, the American Stock Exchange, bondholders and stockholders. \ I · Fonnulated and implemented a Turnaround Plan focusing on business unit restructuring, income and cash flow growth, and debt restructuring to reset $17.0 million in defaulted secured equipment debt. PAGE THREE LARRY ZALKlN · Structured and managed the registration of an Exchange and Consent Solicitation with respect to defaulted pubJicJy traded Debenture issues aggregating $49.2 milJion. · Represented the company in meetings with insurers and creditors concerning current conditions, outlook and rehabilitation plans. WESTMORELAND COAL COMPANY, Philadelphia, PA Executive Vice President and Chief Financial & Administrative Officer 1969-1993 1990-1993 The principal business of this fonner Fortune 500, New York Stock Exchange-listed company, is the marketing of coal on a worldwide basis to electric utilities and the steel industry. Its 1,100 employees produced and marketed 16.7 million tons in 1993 valued at $465.3 million. Provided counsel to senior management in developing strategic and operating objectives and in resolving operational issues. Directed and coordinated the fonnulation of financial, administrative, human resources, insurance and investor relations practices and policies. Member of Tota] Quality Management steering committee and project team mentor. Position had a staff of 56 with a combined payroll of $2.7 million. · Managed a $57.5 million preferred stock offering and New York Stock Exchange listing. · Fonnulated and executed both a cost reduction program, resulting in a $12.0 milJion annual reduction in selling and administrative costs, and a "non-core" asset disposition program, resulting in $50.6 million in sale proceeds. · Consolidated, than outsourced, IT functions to EDS with $2.0 million annual reduction in costs. · Fonnulated and implemented redesign of financial management reports in order to provide comprehensive and meaningful infonnation for decision-making. · Instituted a quarterly and annual profit planning process that clearly identified profit improvement techniques and underperfonning business units and management. SeniQr Vice President and Chief Financial Officer 1988-1990 Vice President-Administration (Westmoreland Coal Sales Company) 1980-1988 Provided counsel to subsidiary President with respect to marketing, financial and human resources issues. Direct responsibility for market research, planning, distribution and transportation, coal brokerage, contract administration, finance and credit and collection functions. · Developed and managed a strategic plan which increased brokerage business from 3.4 million tons to 9.2 million tons per year with a proportionate increase in profits. · Established and served as president of equipment leasing subsidiary which supported independent producers and their contribution to growth of brokerage business. PAGE FOUR LARRY ZALKIN Treasurer 1975-1980 Responsible for capital and financial planning, investment policy and monitoring of pension plans, shareholder relations, cash management, credit and collections, payroll, commercial and investment banking relationships, negotiation and compliance monitoring of credit facilities including private placement, revolving term loans and leveraged leases. . Negotiated the terms of a $50.0 million Senior Debt Private Placement with a group of five insurance companies. . Designed and coordinated the implementation of an integrated cash management system. Assistant Vice President & Tax Manager 1969-1975 u.s. TREASURY DEPARTMENT, Philadelphia, PA Internal Revenue Service Field Agent 1966-1969 EDUCATION TEMPLE UNIVERSITY, Philadelphia, .PA, B.S. - Accounting and Economics MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER lJlíl AGENDA ITEM # q\<.. APPOINTMENT TO THE COMMISSION - REGULAR MEETING OF APRIL S. 2005 PUBLIC EMPLOYEES RELATIONS TO: SUBJECT: DATE: APRIL 1, 2005 At the City Commission meeting of March 1, 2005, Mr. Philip Friedman was appointed to the Nuisance Abatement Board creating a vacancy for a regular member with an unexpired term ending March 13, 2008. Pursuant to Section 35.032 (A) (1) (a) of the City Code of Ordinances; the Commission shall be composed of three members and one alternate to be appointed by the City Commission. Members of the local Commission established pursuant to this division shall be appointed so that the composition of the local Commission is as follows: One appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employers; one appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employees or employee organizations; and all other appointees, including alternates, shall be persons who on account of previous vocation, employment or affiliation, are not or have not been classified as representative of employers or of employees or employee organizations. Neither the Chairperson nor any member shall be employed by, or hold any commission with, any governmental unit in the state or any employee organization while serving in that office. The appointee need not be a resident of the City of Delray Beach. The following individuals have submitted applications for consideration: Paula Aridas Elaine Calabrese Sidney Grossman (also applying for the Civil Service Board) (also applying for the Civil Service Board) A check to confinn that all are registered voters was completed. All are registered. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2) for a regular member to serve an unexpired term ending March 13,2008. Recommend appointment of one (1) regular member to the Public Employees Relations Commission for an unexpired term ending March 13,2008. OURAY BEACH , .. 0 . , 0 .. ***** mr 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION 5~/1-c}& information: 1. Name M.L 2. Home Address: City State Zip Code 3.3-Y4 Zip Code 3. 4. Principal Business Address: City State Zip Code ~ET..:R£D S. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 56/..~7~-55~ If so, where are you registered? 7. 8. 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) !R./) P~N.NIA/G ßð/lR/) MEMSL;~ ßO#Æ1J) U f L. ~ 0 I hereby certify that all the above atements are true, and I agree and understand that any misstatement of matenal facts contained in this apphcation may cause forfeiture upon my part of any appointment I may receive. -:fJa1~/A & M/z~~ iGNAruRE Note: This application will remain on file in the City Clerk's ce for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ens1&l<Atha, a7c~4t application IS on file. '91 ¡ T- SICITYCLERKIBOARD\APPUCA TION 1M 311~ CiTY CLERK 1955 N.W. Tenth Street Delray Beach, Florida 33445 May J4, 2004 Ms.. Karen Schell EX~vé-Á$sìstant CitY ofPelniy.-Beach 100 N.W.III Avenue Detray Beach Floóda 33444 ~ Ms ScheU: I strongly believe in participation in the community. Perhaps my previous èxperience can be useful on one of Advisory Boards in The-City ofDelray Beach. PLANNÍN(HJOA!U>: ~ ~árd of 'tro~~s-ofthè Incorporatej:! Village ofRoslyn. Nassau County, New York, appoìnted me 8$ a menm-er of the Planning Board in 1997. I served until June 2003 when I left Roslyn to live in Delray &jcli -Th6'--o~ynPlannin8~BoaÍ'd is 1ead.;.~èíléy inland-use, sub-divisions. site plans and plats and landscaping. :ThiH~òåi-d:is-,gUidèd-by thê ~ét:Plan'în-ì>rotecting thè'hill~des~ wat~òm:, históric vistas and it~ - _ aæhitectUral heritage, wfÍich include sevenpre~Revolutionáry structures and one-hundred-ten pre-Civil War buildings in its four Historic Districts. ":-", LABOR tmLATIONS: I serVèd'ás 'one offour Shop Stewards at,large representingLoca1 NO.3 International Brotherhood of Electriçal Workers, AFL-CIO,In an agreement withPhilipsMedìcal Systems of North America- The Union represents one-hundred-sixX-Ray Service Engineers. Bètween--1983 and 199H participated in four full contract negotiations; ftom negotiation ófpositions to ~..to cotIQ.t~, propo~s andr~mmendatio!1S for approV'af. lalSQ have ~ríence in monitonng _WQ~~øínpí@nce;t1ie gri'èvànèê prôceSs,an4ì1i resolving ~nt1icts bctweenmembeß and~èmeÍ1t y~d~ Paula Aridas ........Cfty , III I! 1993 2001 1~;)q-ó6 C}e{l) coj - ¥eh'l'ð DElRAV BEACH . t. 0 . . 0 " ***** CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2. ~ NEL- ..Qty Jle.' (< City M.I. 1. 3. 4. Principal Business Address: City State Zip Code S. Home Phone: Business Phone: E-Mail Addre~: n Cell Phone: ~ I Fax: g&'[)-8~3~ ,q~~~~ ~ 8D<¡-qt.[{ i 6. Are you a registered voter? Ý E 5" If so, where are you registered? flL/ IJ? 13e.4:_Lh 7. What Boarç.(s) }Uje you interested in se~? Plea¥ list in order of p,refe ence: l J I ~-er Vt e. BDo-f'Vt - \ 8. List all City Boards on which you are currently serving- or have previously ße~ed: (please include dates) 9. I Up, JU> t 'fer - íleh (Pc! I hereby certify that all the above SÐ\tements are true, and I agree and understand that any misstatement of material facts con . ~ 'P)kYn m ~Z:::-my part of anYappoinnnt~;/v¥ ATURE DATE /' Note: This application will remain on fùe in the City Clerk's Office 0 years from the date it was submitted. It will be the applicant's responsibility to ensure that a curr.<;n,t; a;¡lR1i~ation is on fùe. (Y) 3/ ~ JUl l ~ lOU't S'CITYCLERICIBOARDIAPPUCATION / CITY CLERK £Iaiøe 1'. £älaÞrue zaø 11auers ¡ Delraq Beil£h, 11. 33484 P"one: 561-865-863-5 tmai-I:laifteJ£1 øø@aøl.tCJ1ft BéSJœé Objective: To serve the City ofDelray Beach in establiShing viable labor/management relations. April 1977 - Jun~ 2000: New Jersey City University - 2039 Kennedy Blvd. Jersey City. NJ 07302 Principal Clerk-Typist - History and Women's Studies Duties included all types of secretarial wor~ ie. answering phones, computer skills; filing, correspondence; expertise in maintaining inventory and office equipment; liaison between faculty and students, supervising a number of student employees. Union Activities: Communications Workers of America. Local 1031, Branch President at New Jersey City University 1979-1983; Shop Steward 1983-1998. Special Training: Affirmative Action Training sponsored by the State ofNJ - 1980 Civil Services Rules and Regulations for NJ sponsored jointly by the State ofNJ and CW A Locat1031- 1981 Certifications and Awards: Affirmative Action Training - 1990 Customer Service Training - 1998 Honorary Alumna - 1980 Employees Suggestion Award - 1980 CW A Certificate of Appreciation - 1988 OURAY BEACH Wt.O..DA mr 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION f} - / (j ~tJ{P j{et,\,.,@ (¿ ***** M.I. ß Me k{ State ~L State Zip Code 13 ,¡>'I Zip Code 4. Principal Business Address~ fA City State Zip Code fþ/ '{q£",;)¥i7 6. Are you a registered voter? Y Æ S - E-Mail Address: Cell Phone: Fax: (ç/,,) 510 (JI{/ž' 2. 2' e AÞL t t}t¡ ~ 11/?lt b 3ft - 'Z/9IfJ If so, where are you registered? fA£h /!,Æµ;q C'T'ý 5. Home Phone: Business Phone: 7. What BoardCs) are you interested in sefVÏng? Please list in order of preference: U ~lfC. lil'1 I'LtfYlZl1f 12. 't-t. ~t7: C z,/"1~".J. /&7. C I V It·. .s ~ tlA/' c.6- IJ f?/l-tld) 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) \ - . 9. Educational qualifications: t3 þ ~, (/fi trlt/iJl u µ (V ~ -p ¡= C- orI µ ßc.7)ci/T 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: (!. ~- /l.Il. S' /Ž.4- i/ Æ () S.D Ii. 'T L r w ~ r¡?r-I' Il:.. ,f p ¡:: ¡;<::> L... K::... (7 7 f}/tf'r/L/c.-7 ~P4.filÆ p~.ß/C4-. 1'17/- 1'1?2. 12. Descrioe experiences, skills or knowledge which qualify yo to serve on this board: (please attach a brief resume) IL /f. J l/ ñ c.. I hereby certify that all the above statements àre true, 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. ~~ 7-/6_Or" ,l:GNA: ". DATE Note: This application will remain on file in the City Cler s ce 0 eriod of 2 years &om the date it was submitted. It will be the applicant's responsibility JtJ1..nsf4 ~fJ~ current application is ~~~AltDlAPPUCA110N / M. ~/I r¡ CITY (:1 I=RK During the late 1960's to mid 1970's, I served with the Civil Service Employees Association in Suffolk County, New York. I was the white collar Grievance Chairman, mediating and settling grievances between management and labor. I also served as a member of the Statewide Legal Committee, which met in Albany, New York, for the purpose of adjudicating the amount of legal assistance to state and local employees in both grievances and charges brought against them. As an elected CSEA official, I was the county's representative to the Statewide Board of Directors. From the mid 1970's until my retirement in November 1992, I was successful in fonning the Suffolk County Detective Investigators Police Benevolent Association (the law enforcement arm of the District Attorney's office) and getting it certified as a separate bargaining unit within the county and state. As President for the first sixteen years, I assisted our attorneys in collective bargaining, arbitrations and any other inter- action with state and county officials. During this time frame, I was also a member of the Legislative Committee of the Metropolitan Police Conference and served on various statewide committees of the Police Conference of New York State. Although I worked on the union side of the table; in my many years of experience, I was able to comprehend the views of management. S¡./}¡1/ßt g~S">~¡t,-J A~ Memo Subject: David T. Harden - City Manager Lula Butler, Director - Community Improvemen~ Extension of Consultin2 A2reement for Diversity Community Affairs To: From: Date: April 4, 2005 ITEM BEFORE THE COMMISSION: City Commission approval to extend the monthly contract for Diversity Community Affairs with Samuel E. Mathis, Diversity Business Strategic and Advisor. BACKGROUND: The City entered into a continuing agreement on March 9, 2005 for one month of service related to Diversity Community Affairs centered around working with the N.AAC.P. and the newly-established task force. The City is continuing its meetings with the N.AAC.P. and task force and will, no doubt, continue for a month or so. We are requesting authorization to extend Mr. Mathis' contract for the next 2 months. A copy of his consulting agreement is attached for your reference. RECOMMENDATION: City Commission approval to extend the contract with Samuel E. Mathis for $10,400 per month based on the scope of services on the attached agreement. LB:DQ Attachment . Page 1 <=\.L Samuel E. Mathis, Jr. Diw~rsity Business Strategic & Advisor March 1,2005 ~~~ak~ Mr. David Harden ~mmunity:fmpmvemem=ÐireGter C it y Ma nag e r City of Del ray Beach 100NW 1st Avenue Delray Beach, Florida 33444 Re: Consulting Agreement for "Diversity Community AtTairs" Dear~;;Ij;~: Mr. Harden: Community unity is a core value of the City of Delray Beach, Florida. Our continuing work toward this notable goal will be strengthened by engaging and working closely with diverse community organizations. This is particularly important in the area of race relations which has been divisive in many communities around our nation. The City of Delray Beach has made focused efforts to be proactive in initiatives that engage various community segments and affmity groups. As a Diversity Business Strategist and Advisor, I will support the City of Del ray Beach, Florida (City) in the following manner: · Represent the City with affmity groups and advocacy organizations. This includes but is not limited to the National Association for the Advancement of Colored People (NAACP) and Men Against Destruction - Defending Against Drugs and Social disorder (MAD DADS). · IdentifY various issues and interest to various affinity groups and assist in engaging groups in a manner that is supportive and consistent with the City's core values. · Coordinate the deployment of initiatives and events related to affinity groups and advocacy organizations that is consistent with the City's evolving diversity strategy and that builds community unity. · Provide strategic advice to City officials regarding community relations and the diverse segments of the City. · Assist and advise City officials in media relations in race relations and other diversity related concerns. Fee Structure The estimated scope of work anticipated under this agreement is listed above. Factors beyond the control of the Consultant and City may increase the magnitude of the work required. Therefore a monthly retainer and hourly rate (for time exceeding estimate) plus reimbursable is submitted. 295 NE Fifth Avenue, Suite 23 · Delray Beach, Florida 33483 Phone: 561-573-8860 Fax: 561-214-6183 Email: Mathis618@ßol.com ~~~D~ Mr. David Harden March 7, 2005 Page 2 Monthly Retainer (and to initiate work) - $10,400.00 This includes 64 hours of work per month paid on a monthly cycle. Hourly Rate - $175.00 Time exceeding 64 hours per month will be billed monthly at this rate. Reimbursable Travel beyond the City, with the associated expenses for meals, meetings, printing and materials with the appropriate approvals. The City will have the right to terminate this agreement any time. I will have the same right of termination, including termination for nonpayment of fees and reimbursable. All fees incurred for services rendered through the date of termination must be paid within 10 days following your receipt of the final statement. If the foregoing meets with your understanding of the professional relationship we have established, please sign the enclosed copy of this letter. The most important point I want to make in this letter is that I will do my utmost to serve you effectively. I cannot guarantee the success of any given venture, but I will strive to represent your interests vigorously and efficiently. If you should have any questions concerning the foregoing, or any questions in the future about the manner in which your matters are being handled, please do not hesitate to contact me. The City of Delray Beach is to be commended for its commitment to advance this important work building a spirit of continuous improvement in race relations in our community. APPROVED AND AGRfED TO: By: U-1J¿~ Print Name: David T. Harden, City Manager Date: 3/9/05 295 NE Fifth Avenue, Suite 23 · Delray Beach, Florida 33483 Phone: 561-573-8860 Fax: 561-274-6183 Email: Mathis618@aol.com Date: April 4, 2005 AgendaItemNo.~. L AGENDA REQUEST Agenda request to be placed on: _X_Regular, _ Special _ Workshop Consent ,- When: )\pril4;2005 Description of Agenda Item: Extension of Consulting Agreement for Diversity Community Affairs with Samuel E. Mathis Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~~ ~. City Attornev ReviewlRecommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Url'~ "J Jllt""^-' [f~nding Available: G/ No Funding Alternatives: (if applicable) Account # & Description:. 001-1111-?11-34.90 P~...k~(f!Þt\. c..W\. (ö...,-I-.·...,~cu \ c...~ ~o...........~~...Ñ- ~ f""'i' <;Jt<;' Y City Manager Review: Approved for agenda: @ / No f)Jv1 Hold Until: v . I , Agenda Coordinator Review: Received: Action: Approved / Disapproved CITY COMMISSION DOCUMENTATION D/< (Jltl I TO: THRU: FROM: SUBJECT: DAVID T.~N,~~AGER PAUL DORLlNG, DIRECT~ OF PLANNING AND ZONING JEFFREY A. COSTELLO, ASSISTANT DIRECTOR OF PLA MEETING OF APRIL 5, 2005 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(V)(2) "USES INVOLVING ALCOHOLIC BEVERAGES" BY ESTABLISHING SUBSECTION 4.3.3(V)(2)(c) TO PROVIDE A METHOD OF DETERMINING ELIGIBILITY FOR A STAND ALONE BAR USE. BACKGROUND At its meeting of November 28, 2003, the City Commission approved an ordinance amending the definitions and regulations concerning alcoholic beverages. The amendment was processed in order to obtain consistency with State Statutes as they relate to the definition of Alcoholic Beverages, to provide clarification and establish a distance limitation between stand alone bars. In addition, the definition of Alcoholic Beverage Establishment was modified and definitions of Stand Alone Bar and Bottle Club were added to be consistent with State Statutes. The intent of the regulations is to prevent the proliferation of cocktail lounges and bars in any given area throughout the City. The adopted regulations provide a specific distance limitation and method of measurement as follows: "Not more than one stand alone bar shall be located within anyone block nor within seven hundred and fifty (750) feet of another stand alone bar measured from lot line to lot line in a straight line." The attached ordinance provides a process to establish a stand alone bar and a method of determining eligibility for a stand alone bar. The ordinance includes submission requirements and a time frame of sixty (60) days to establish the use once the applicant is notified that the use may be established. The ordinance also includes a method to allow stand alone bar uses when more than one person or entity desires to establish a stand alone bar and only one can be accommodated under current restrictions and distance limitations. If for any reason the City is unable to determine who was first eligible or is unable to determine if a use was legally established and operational within the time permitted, the Planning and Zoning Board shall review all valid submissions and provide a recommendation to the City Commission. The City Commission will make a determination of which stand alone bar use is the most compatible with surrounding uses based on the criteria listed in the ordinance. 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 LOR amendment provides clarification to the existing ordinance. The amendment provides a process to establish a stand alone bar and a method of determining eligibility for a stand alone bar use. While the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. \01\ City Commission Documentation Meeting of April 5, 2005 LDR Text Amendment - Process to Establish a Stand Alone Bar Page 2 PLANNING AND ZONING BOARD CONSIDERATION At its meeting of March 21, 2005, the Planning and Zoning Board held a public hearing regarding the proposed text amendment. There was no public testimony regarding the proposal. After discussing the amendment, the Board voted 5-0 (Pike & Walker absent) to recommend to the City Commission approval of the proposed amendment to the Land Development Regulations (LDRs) by adopting the findings of fact and law contained in the staff report. I RECOMMENDED ACTION Move to approve the amendment to the Land Development Regulations (LDRs) Section 4.3.3(V)(2) "Uses Involving Alcoholic Beverages" by establishing Subsection 4.3.3(V)(2)(c), 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 April 19, 2005. Attachment: Proposed Ordinance ORDINANCE NO.~J... -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, BY AMENDING SECTION 4.3.3(V), "USES INVOLVING ALCOHOLIC BEVERAGES", BY AMENDING SUBSECTION 4.3.3(V)(2), "PROHIBITIONS BY FREQUENCY" BY ESTABLISHING SUBSECTION 4.3.3(V)(2)(c) TO PROVIDE A METHOD OF DETERMINING ELIGIBILITY FOR A STAND ALONE BAR USE IN CERTAIN CIRCUMSTANCES; PROVIDING; A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, no more than one stand alone bar is permitted within anyone block or within 750 feet of another stand alone bar per city ordinance; and WHEREAS, a stand alone bar is a permitted use; and WHEREAS, the City desires to provide a method to allow stand alone bar uses when more than one person or entity desires to establish such a use when only one such use can be accommodated under current restrictions; and WHEREAS, at its meeting of March 21, 2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that this ordinance be approved to provide a method of determining eligibility for a stand alone bar use, based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Section 4.3.3M, "Uses Involving Alcoholic Beverages" is hereby amended by amending Section 4.3.3(V)(2) by enacting 4.3.3(V)(2)(c) to read as follows: (2) Prohibition by Freauency: The sale of alcoholic beverages for on-site consumption shall be allowed as a principal use within stand alone bars and as an accessory use in chartered private clubs and golf courses with the restriction that: (a) Not more than one stand alone bar shall be located within anyone block, nor within seven hundred and fifty (750) feet of another stand alone bar measured from lot line to lot line in a straight line. (b) The above restriction does not apply to a duly licensed grocery store which sells beer and wine in packages for off-site consumption nor does it apply to a restaurant which holds a special restaurant license issued by the Department of Business Regulations of the State Division of Alcoholic Beverages and Tobacco. (c) To be allowed to beQin operatinQ a business as a stand alone bar the followinQ rules shall apply: 1. A written request to establish a stand alone bar shall be submitted to the PlanninQ and ZoninQ Department. Attached to the written request shall be a COpy of a valid 4COP License, evidence of an executed lease to operate the business at the proposed location and a copy of an approved site plan for a restaurant or bar use (hereinafter referred to as the submission). The submission shall be date and time stamped by the PlanninQ and ZoninQ Department. The submission shall be valid for a period of six (6) months. 2. If locational requirements allow for a stand alone bar to be established. a person or entity that has filed a submission as set forth above at the earliest time and date will be notified that the use may be established. If the stand alone bar use is not leQally established pursuant to LDR Section 2.4.4(D) within sixty (60) days after notification, the person or entity who filed a submission next in time and date shall have an opportunity to establish a stand alone bar use. That person or entity and subsequent persons or entities that have a submission on file must also comply with the sixty (60) day establishment requirement. Persons or entities that fail to establish the stand alone bar use in accordance with LDR Section 2.4.4(D) within the sixty (60) day period shall not have any further priority to establish the stand alone bar use and the submission shall be deemed void unless no other persons or entities have filed a submission wherein a 10nQer time to establish the use may be permitted upon request. 3. If for any reason the City is unable to determine who was first in time or unable to determine if the use was leqally established and operational within the time permitted, the Planninq and Zoninq Board shall review all valid submissions on file reQardless of time or date of the submission or establishment of the use, based on the required findinQs of LDR Section 2.4.5(E) and make a recommendation to the City Commission. The City Commission will then determine which stand alone bar use is the most compatible with surroundinQ uses, based on the followinQ: a. Compliance with code requirements. b. site's physical appearance, c. location, d. consistency with the Comprehensive Plan, and e. capacity of infrastructure to accommodate the proposed use. f. whether the stand alone bar will have a deleterious effect on adjacent businesses. 2 ORD. NO. -05 The stand alone bar use deemed most compatible will then have the riqht to establish a stand alone bar use as a permitted use within sixty (60) days of the decision of the City Commission. 4. No assiqnment of any submission or riqhts obtained as a result of a submission to establish a stand alone bar use under this section shall be permitted. provided. however. an established stand alone bar use may continue to exist at the same location without participatinq in the process outlined in Subsection (c) for as lonq as the use is operational. If the stand alone bar use is not operational for a period of one hundred eiqhty (180) days or the business location has been occupied by an interveninq use. then the process described in subsection (c) herein shall apply. 5. New letters with attachments set forth above may be submitted once every six (6) months. 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 3 ORD. NO. -05 MEMORANDUM FROM: MAYOR AND CITI COMMISSIONERS CITI MANAGE~1 AGENDA ITEM # \0 ß - REGULAR MEETING OF APRIL 5. 2005 ORDINANCE NO. 12-05 TO: SUBJECT: DATE: APRIL 1, 2005 This is ordinance is before Commission for second reading and public hearing to amend Chapter 95, "Emergency Management", Sections 95.05 through 95.13 to provide an updated ordinance regarding emergency management. At the first reading on March 15,2005, the Commission passed Ordinance No. 12-05. Recommend approval of Ordinance No. 12-05 on second and final reading. S:\Clty Clerk\agenda memos Ord 12-05 Emergency Management 04 05 05 þ [IT' DF DELRAY BEA[H CITY ATTORNEY'S OFFICE DELRA Y BEACH b:äIi AIoAmerlca CiIJ ~IIE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 . FACSIMILE 561/278-4755 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 Manaaement 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. 12-05 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 revislOns 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 availabili~. shall have the authority to declare a state of emergency. Upoa the abst:aee or ttfuy....atiability of the M8:Y0r, the Viee Mayer m8:Y issue sueR a deelarfi.tiofl, aad t1poa the aßst:aee Of ttftavltÏlaßility ef Marer and the Viee Mayor, the City Maaage:r may ~sue sueR declafttioa, or t1pea the abst:ftee or \:1fiavailability of ~ City Manager, the Aetffig City MMiager ma-y Ì3:me St1t:R a àeelftfttioa. (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 resðlötioa no later than at the next regular meeting, unless the nature of the emergency renders a meeting of the City Commission extremely impractical. Ceaiirmati6a of the emergeaey àedftf'atioa sftaR àisdose the rt:ftsoas for, aaticipated impacts ef, aetiefts proposed Mid takea t6 maft~ the eme:rgt:ftey, aad other pertineat data relating t6 the eme:rgeacy :reqttirffig the àedaratioa. (C) Emergency resolutions authorized by this Chapter shall include, but are not limited to, the following subjects: &so/ution S ubjeel 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 ¡ng 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 (P) Upon declaration of a state of local emergençy and during the existence of a declared state of local emergency. the Mayor or designated city official. in addition to any other powers conferred upon the Mayor or designated city official by F.S. Chapter 252. F.S. Chapter 870. or other law. has the power and authority among 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 designated city official deems this action necessar.y for the preservation of life or other emergency mitigation. response. or recovery. (2) Waive the procedures and formalities otherwise req.uired of the city by law or ordinance pertaining to: (a) Performance of public work and taking whatever prudent action is necessar.y to ensure the health. safety. and welfare of the community: 2 ORD. NO. 12-05 (b) Entering into contracts: (c) Incurring ob~tions: (d) Employment of permanent and temporary workers: (e) Utilization of volunteer workers: (f) Rental of equipment: (g) Acquisition and distribution. with or without compensation. of supplies. materials. and facilities: (11) Appropriation and expenditure of public funds. (3) Prohibit or regulate travel upon any public street. highway or upon any other public propert;y. Persons in search of medical assistance. food or other commodity or service necessary to sustain the well being of themselves or their families or some member thereof may be excepted from such prohibition or regulation: (4) Impose a curfew upon all or any portion of the city thereb.y prohibiting persons from being on public streets. highways. parks or other public places during the hours which the curfew IS in effect: (5) Prohibit any person. firm. or corporation from using the fresh water supplied by the city for any purpose other than cooking. drinking or bathing: (6) Prohibit the sale or distribution of any alcoholic bev~s. ammumtion. firearms. explosives. and flammables or combustibles during a state of emergenc.y with or without the payment or a consideration therefore: (7) Prohibit or regulate the participation in or can;ying on of any business activity. and prohibit or regulate the keeping open of places of business. places of entertainment and any other place of public assembly: (8) Regulate the use of and ration fuel ice and other essentials: (9) Prohibit or regulate any demonstration. parade. march. ~ or participation therein from taking place on any of the public rights-of-way or upon any public propert;y: 3 ORD. NO. 12-05 (10) Suspend local building regulations as necessat;y during the existence of a public emergency: (11) Prohibit the sale of merchandise. goods or services at more than the average retail price: (12) The restrictions referenced in sections (3) through (11) above may exempt. from all or part of such restrictions. physicians. nurses and ambulance operators performing medical services. on-dut;y employees of hospitals and other medical facilities. on- dut;y militar,y personnel. bona fide members of the news media. personnel of public utilities maintaining essential public services. cit;y authorized or requested firefighter. paramedic. law enforcement officers and emergency management personnel and such other classes of persons as may be essential to the preservation of public order and immediately necessary to preserve safet;y. health and welfare needs of the people within the cit;y. t91.(E). 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. tH7.(Ð 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 re~est from the püblie offieislaad the eoaet1:1'reaee of the City Commtssioa, by àttly eaaeted resowtioa. declaration of extension of the state of emergency by the Mayor or desigpated Cit;y official. (F) Upoa the declftffttioa of a state of emergt:aey, the City Maaager shall pest a wrrttea aouce of such dcclarattoa apoa the mlt'Ìft bWletin bOM'd æ City Hall, aad shall, as prompdy as paeticable, file æ the offiee of the City Clerk a aotiee of a deeed state of emergeaey, or emergeaey mea3t1fe deelft.red or ordered aad promulgated by "~me ef F.S. Sectioa 870.041 et. se€!. The Ci~· Maaager shall aotify the local media by telephoae, if praetieable. Whea practieable, the City Maaager shall also ea\:1se Wf'Îttea aotiee to be pablished æ its cattrety, at least t:hKe (3) days each week in the aewspaper of geaeral ciret1lfttioa in the City Ufltil the state of emergœey 1S declared to be tetm:Ìflated. 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: 4 ()RJ). ~(). 12-05 Sec. 95.06. TERMINATION OF A STATE OF EMERGENCY. A state of emergency sMD: may be terminated by the official declaring the emergency or a person eligjble to declare an emergency and the termination. shall be confirmed by a vote of the City Commission if practicable or upon the certification of the 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. Afty extea:Üoa of the seveaty two hom rime limit ftmst be aet:Omp1i3hed by a request &6ftl the poolie offietill aad eoacUfteaee of the City Commi3sioa by dely eaaeted resoltlfÍoa. Notice of termination of the emergency declaration shall be made to the public by the City Manager by the same meaas as the ftofÍee of the deemat:Í:oa of the State of emergeaey available ~. 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 Actlng 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 Ì8Sl:Hlaee of emergeaC} resoltlt:Í:ofts }~, ß, C, D aftd H, aad other appropriate resoltHiofts, as may be rcquired aad maJ, if applieable, Mayor. Vice-Mayor. Ci1;y Manager or Assistant Ci1;y Manager or other designated official to exercise the powers provided in Section 95.05 or require automatic emergency measures 5 ORD. NO. 12-05 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: 6 ORD. NO. 12-05 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. radiological or biological and hazardous material emergency shall authorize the i3SUftftee of emet:gt:ftey re:'lolutÏoa:'l }... ß, C, D, E, C aad H, and other appropriate re:'lol\:1tÏoß:'I, a:'l May be req\:åred. City Manager or other designated official to exercise the powers provided in Section 95.05. Section S. That Chapter 95, "Emergency Management", Section 9 5.11, "D tility 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 7 ORD. NO. 12-05 (3) Extraordinary actions to control and correct the situation are required, including, but not limited to, emergency purchase; call-in of off-duty 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 isstuuiee of emergeney resolutions ~\, B, B aa.à H, aa.à other appropriate resolutions, as may be reftttireà. exercise of emergency 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 i33\lanee of emergea.ey re:wlutioa.3 f~ through H, aRt! other appropriate resoltHi8a.s, as may be reqt:tiret!. exercise of emergency 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, 8 ORD. NO. 12-05 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 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 9S.0S(A). The City Commission shall confirm the suspension pursuant to Section 9S.0Stb]. 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: CIlY CLERK First Reading Second Readingt 9 ()RJ). ~(). 12-05 MEMORANDUM SUBJECT: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER ~~ AGENDA ITEM # \ a C.- - REGULAR MEETING OF APRIL 5. 2005 ORDINANCE NO. 18-05 (AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS") TO: FROM: DATE: APRIL 1,2005 This ordinance is before Commission for second reading and public hearing to amend 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. At the first reading on March 15,2005, the Commission passed Ordinance No. 18-05. Recommend approval of Ordinance No. 18-05 on second and final reading. S'\Clty Clerk\agenda memo Onl 18-05 General Employee PensIon Plan 04 05 05 3/15/05 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 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 "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. (C) Optional Enhanced Multiolier. (1 ) Notwithstanding anv provision of the plan to the contrary. an eligible participant may elect a normal retirement benefit or early retirement benefit eaual 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 periods of continuous service prior to the date of the election. by paying into the 2 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 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 fonn 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 (I) shall be used to calculate the benefit for all continuous service to which the enhanced multiplier does not apply. (3) For the purpose of this subsection (C). an eligible participant is any plan participant 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. 3 ATTEST: City Clerk First Reading Second Reading MAYOR 4 [IT' DF DELIAY BEA[H 4 CITY ATTORNEY'S OFFICE 21ifl '\ \\. I 'I .~\ 1 '\lIC,' DI::LR.\'{ HE~CH HDRIDA 33444 ¡ HJ:PI-I(),\ì-, ~h !')4 ,- ~¡'l)!} . r \C';I\IILI:' ::,f1 1í27~-4755 DELRAY BEACH f LOR :)... --- AII·America City , 1111 ! DATE 1993 TO: 2001 Writer's Direct Line' 561/243-7091 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 current 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. \~ Kucmerowski, Carolanne 01< ~ 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 From: Sent: To: Cc: Importance: High ~ Gen Ord 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. 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THANK YOU. *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** al61os- ~ I~ ,&,ß ~~'\~ CJçà:\\\Vf\Q.Q... ~Q. \~-os- 1 MEMORANDUM SUBJECT: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER tfJv1 AGENDA ITEM # 'at::> - REGULAR MEETING OF APRIL 5.2005 ORDINANCE NO. 19-05 (AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS") TO: FROM: DATE: APRIL 1, 2005 This ordinance is before Commission for second reading and public hearing to amend 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". At the first reading on March 15,2005, the Commission passed Ordinance No. 19-05. Recommend approval of Ordinance No. 19-05 on second and final reading. S.\Clty Clerk\agenda memo Ord 19-05 Genernl Employee Pension Plan Credited Service 04 05 05 Ok &/\ [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE ::'()(J '\\\ ]q ,\\ f''\\ E· [)II R\'{ BEACH. FLORID.'\ 33444 I r !JPHO'\F ';(,1'-+,- 'dUll' F\C';[\lIU: "61/278-47';:'\ DELRAY BEACH f lOR I 0 ... D.e:d AII·America City , III I! DATE: 1993 TO: 2001 Writer's Direct Line 561/243-7091 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 ommission consideration. Attachment cc: Chevelle Nubin, City Clerk Department Heads James W. Linn, Esq. \~~ 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 ELIGffiILITY 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 ofthe 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 rrom 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 rrom 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 rrom 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. ATTEST: City Clerk First Reading Second Reading MAYOR 2 ORD. 19-05 CITY COMMISSION DOCUMENTATION ~ TO: THRU: FROM: SUBJECT: DAVI~ ~AR~N, ITV ANAGER PAUL 6~G, DIRECT ~F PLANNING AND ZONING JEFFREY A. COSTELLO, ASSISTANT DIRECTOR OF PLANN MEETING OF APRIL 5, 2005 CONSIDERATION OF A PRIVATELY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.11 NEIGHBORHOOD COMMERCIAL (NC) INCREASING THE FLOOR AREA LIMITATION FOR BANKS AND SIMILAR FINANCIAL INSTITUTIONS. ,~ . BACKGROUND An amendment to the NC zone district regulations has been requested to allow banks and financial institutions up to a maximum of 6,000 sq. ft. of floor area, where a maximum of only 2,000 sq. ft. is currently permitted. The request was submitted by the developer of Fountains Center, which is currently under construction on the west side of Military Trail, approximately 1,400 feet north of West Atlantic Avenue. Washington Mutual Bank is currently located at the northeast corner of Atlantic Avenue and Military Trail; however the bank must relocate by October 31, 2005 and has not been able to secure a location in the immediate area. The Bank and the owners of Fountains Center are negotiating for the bank to occupy approximately 5,700 sq. ft. of the plaza. The Bank has indicated that a drive-through facility will not be provided at the proposed location. The Bank services approximately 50,000 transactions per month and wishes to remain in the area to continue servicing its customers/community when the current lease expires and it has to vacate its current premises. The request is to allow banks to have a maximum floor area of 6,000 sq. ft. Thus, the proposed text amendment is to LDR Section 4.4.11 (H)(1) as follows: The maximum area devoted to a single tenant for office or service uses shall not exceed 2,000 sq. ft. in floor area. Notwithstandinq the above. banks or similar financial institutions excludina drive-throuqh bank facilities. may not exceed 6.000 sa. ft. The intent of these restrictions is to maintain the center at the neighborhood scale. 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. The proposed LDR amendment provides additional flexibility to accommodate a service to the surrounding neighborhoods. While the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it IS not inconsistent with them. Additional background and a detailed analysis of the request is found in the attached Planning and Zoning Board staff report PLANNING AND ZONING BOARD CONSIDERATION At its meeting of March 21, 2005, the Planning and Zoning Board held a public hearing regarding the proposed text amendment. There was no public testimony regarding the proposal. After discussing the amendment, the Board voted 5-0 (Pike & Walker absent) to recommend to the City Commission approval of the proposed amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report. RECOMMENDED ACTION Move to approve the amendment to the Land Development Regulations (LDRs) Section 4.4.11 (H)(1) Neighborhood Commercial (NC) - Special Regulations, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on April 19, 2005. Attachment. Proposed Ordinance & P&Z Board Staff Report of March 21, 2005 \~A ORDINANCE NO. 23-05 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 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", SUBSECTION 4.4.11(H), "SPECIAL REGULATIONS", BY PROVIDING THAT BANKS OR SIMILAR FINANCIAL INSTITUTIONS MA Y HAVE A MAXIMUM AREA OF 6,000 SQ. FT.; 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 March 21, 2005, and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.317 4( 4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section I. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection 4.4. 11 (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 Regulations: (I) The maximum area devoted to a single tenant for office or service uses shall not exceed 2,000 sq. ft. in floor area. Notwithstanding the above. banks or similar financial institutions excluding drive-through bank facilities. may not exceed 6.000 sq. ft. The intent of these restrictions is to maintain the center at the neighborhood scale. (2) The maximum floor area which can be allocated to a single retail use, or groups of similar (retail, office, services) principal uses, shall not exceed 10,000 square feet. (3) Outdoor storage of any kind is prohibited, except as permitted herein. (4) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(W). Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_ ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD. NO. DELRA.V BE.I.¡CH ~~~'.4 ;¡¡¡r 1'19-' )001 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT DElRAY BEACH ~ ;Iiir 1(193 '¿OOi MEETING DATE: MARCH 21, 2005 AGENDA ITEM: IV.F. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.11 NEIGHBORHOOD COMMERCIAL (NC) INCREASING THE FLOOR AREA LIMITATION FOR BANKS AND SIMILAR FINANCIAL INSTITUTIONS. _ ___ _~JI ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations Section 4.4.11 (H)(1) Neighborhood Commercial (NC) - Special Regulations, increasing the floor area limitation for banks and similar financial Institutions, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. II BACKGROUND The NC (Neighborhood Commercial) zoning district has an extensive history with many modifications throughout the years. The NC zone district existed prior to 1976. At that time, there were only a few principal uses; retail uses were allowed only as a conditional use; and the purpose statement provided that the NC zone was to accommodate neighborhood needs based upon a % mile service area. Revisions were made between 1976 and 1980, which made "retail of convenience goods" a principal use; and in general, the range of uses was increased. In preparation of the Land Development Regulations in 1990, two substantial changes were recommended by the Planning and Zoning Board. One was that "gasoline stations" be changed to "dispensing to gasoline directly to a vehicle". The intent was that while a normal gasoline station was not appropriate, the ability to get gas at a convenience store should be retained. The other involved placing a restriction on the use area allocated to office/professional uses. Also, the reference to a % mile service radius was deleted and language was provided which accommodates the NC zoned district within the Transitional Future Land Use Map designation. With the adoption of the Land Development Regulations in 1990, the amendments to the NC zoning district regulations included allowing a maximum of 35,000 sq. ft. of floor area for a single retail tenant or groups of retail uses which could be established on any IV.F. Planning and Zoning Board Staff Report LOR Amendment - NC zone district regarding Banks Page 2 single NC zoned property. This change was made to accommodate a proposed food store at Seacrest Boulevard and NE 22nd Street. At that time there was also a special regulation relating to professional and business offices, which stated that "not more than two (2) similar professional or business offices shall be allowed within a single NC development nor shall any such office use exceed 2,000 sq. ft. in floor area". The intent of the office restriction was to maintain the center at a neighborhood scale. Subsequent to the adoption of the LORs, the City Commission expressed reservation on the previous action to allow a 35,000 sq. ft. structure. There were discussions at both the Planning and Zoning Board and City Commission levels to revisit the NC regulations. They felt NC zone district was not intended to accommodate a use which would have a service area based upon 35,000 sq. ft. of retail or food store. In 1993, the NC zone district regulations were reviewed and modified. Changes included reducing the maximum floor area for a single retail use or groups of similar (retail, office, services) principal uses to 10,000 sq. ft. The Planning and Zoning Board and City Commission felt a floor area of 10,000 sq. ft. was more in keeping with convenience stores and complimentary similar uses which may be found in a neighborhood center. Included with the amendment was elimination of the restriction on the number of similar office and business uses; and of a 2,000 sq. ft. limitation on the aggregate for office and business uses. Also, the office restriction was modified to state that the maximum area devoted to a single tenant for office or service uses shall not exceed 2,000 sq. ft. in floor area. At its meeting of August 7, 2001, the City Commission approved on second reading a text amendment to the NC zoning district regulations [LOR Section 4.4.11 (B)(3)], which eliminated the restrictions as to the types of business and professional office uses allowed, and prohibited outdoor storage of any kind, except as specifically permitted within the NC zoning district. The Commission discussed how the prohibition of outdoor storage would make that aspect of an existing equipment rental facility, which co- existed in a neighborhood for many years, non-conforming (2219 Seacreast Boulevard). However, as the amendment was privately initiated, staff recommended that the ordinance be approved and that a modification to the ordinance be made at a later date to allow equipment rental and display as a conditional use. At its meeting of February 5, 2002, the City Commission approved an amendment to the NC zoning district regulations deleting equipment rental as a permitted use and enacting a new subparagraph to allow "equipment rental and display" as a conditional use. At its meeting of August 19, 2003, the City Commission approved an amendment to the NC zoning district regulations to clarify the uses subject to the special regulations section and to add "vocational school limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling and karate-judo" as a permitted use. r ... ...__ .,,~RO~2.~~D ~DR·-;-~,~:r,.~~E~I?~E~! I Q~VELOPMENT p~Õ¡;ÖSÃ~~-~ An amendment to the NC zone district regulations has been requested to allow banks and financial institutions up to a maximum of 6,000 sq. ft. of floor area. The request was submitted by the developer of Fountains Center, which is currently under construction Planning and Zoning Board Staff Report LDR Amendment - NC zone district regarding Banks. Page 3 on the west side of Military Trail, approximately 1,400 feet north of West Atlantic Avenue. Washington Mutual Bank is currently located at the northeast corner of Atlantic Avenue and Military Trail; however the bank must relocate by October 31, 2005 and has not been able to secure a location in the immediate area. The Bank and the owners of Fountains Center are negotiating for the bank to occupy approximately 5,700 sq. ft. of the plaza. The Bank has indicated that a drive-through facility will not be provided at the proposed location. The Bank services approximately 50,000 transactions per month and wishes to remain in the area to continue servicing its customers/community when the current lease expires and it has to vacate its current premises. The request is to allow banks to have a maximum floor area of 6,000 sq. ft. Thus, the proposed text amendment is to LDR Section 4.4.11 (H)(1) as follows: The maximum area devoted to a single tenant for office or service uses shall not exceed 2,000 sq. ft. in floor area. Notwithstandinq the above. banks or similar financial institutions excludinq drive-throuqh bank facilities. may not exceed 6.000 sq. ft. The intent of these restrictions is to maintain the center at the neighborhood scale. II LDR TEXT AMENDMENT ANALYSIS LDR Section 2.4.5(M)(5) Findinas: Pursuant to LDR Section 2.4.5(M)(5), Findings, in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The purpose and intent of the NC zoning district is to provide the opportunity to locate limited retail and service uses in a manner convenient to and yet not disruptive to residential areas. The NC zoning has been applied to small commercial parcels that have been annexed into the City and abut residentially-zoned property. In these situations, NC zoning offered greater compatibility of the existing and future commercial uses with the adjacent residential properties and assured that they would maintain a neighborhood scale. There were also concerns that drive-through facilities, allowed in other commercial districts, typically are not neighborhood oriented and create greater traffic impacts. As indicated in the background section of this report, there have been numerous modifications to the NC zone district, which have made it more flexible, without allowing the intensities and impacts of the General Commercial (GC) and Planned Commercial (PC) zoning districts. There are only five small areas in the City zoned NC. With the exception of the NC node at the intersection of Seacrest Boulevard and NE 22nd Street, these areas/properties are located along major arterial roadways, which have larger traffic volumes and service a larger area. Based upon City records, the majority of banks located within the City exceed the current maximum 2,000 sq. ft. limitation in the NC district. Those that are approximately 2,000 sq. ft. in size are obsolete and are being replaced with banks generally between 4,000 and 5,000 sq. ft. Thus, while banks and financial institutions are currently allowed, the floor area limitation would not accommodate many of these facilities. As the proposed text amendment will continue to Planning and Zoning Board Staff Report LDR Amendment - NC zone district regarding Banks Page 4 prohibit drive-through lanes, the purpose and intent of the NC regulations will be retained. It is noted that if the text amendment is approved, and a bank greater than 2,000 sq. ft. establishes in the NC zone district and later vacates the premises, every subsequent use/occupant must comply with the floor area limitations of the NC zone district and the building will have to be subdivided. 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 LOR amendment provides additional flexibility to accommodate a service to the surrounding neighborhoods. While the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. II RECOMMENDED ACTION Community Redevelopment Aç¡encv: At its meeting of March 10, 2005, the CRA Board reviewed and recommended approval of the proposed text amendment. Courtesy Notices: Courtesy notices have been 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 amendment to the Land Development Regulations Section 4.4.11 (H)(1) Neighborhood Commercial (NC) - Special Regulations, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. 3. Move to recommend to the City Commission denial of the amendment to the Land Development Regulations Section 4.4.11 (H)(1) Neighborhood Commercial (NC) - Special Regulations, by adopting the findings of fact and law contained in the staff report and finding that the request is in consistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Planning and Zoning Board Staff Report LOR Amendment - NC zone district regarding Banks. Page 5 RECOMMENDED ACTION ..II Move to recommend to the City Commission approval of the amendment to the Land Development Regulations Section 4.4.11 (H)(1) Neighborhood Commercial (NC) - Special Regulations, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments . NC Zoned Distrrcts Map 0& zY1 ~ CITY COMMISSION DOCUMENTATION FROM: TO: THRU: SUBJECT: MEETING OF APRIL 5, 2005 VOLUNTARY ANNEXATION OF 6.26 ACRES OF PROPERTY MADE UP OF THIRTY-ONE (31) PARCELS LOCATED IN THE COUNTRY CLUB ACRES SUBDIVISION WHICH HAVE SIGNED WATER AGREEMENTS WITH THE CITY OF DELRAY BEACH LOCATED ON THE EAST SIDE OF MILITARY TRAIL. APPROXIMATELY 160' FEET SOUTH OF ATLANTIC AVENUE. I BACKGROUND The subject property consists of 6 26 acres of land and encompasses thirty-one (31) parcels. Sixteen (16) parcels are located along the north and south side of Jefferson Road. Twelve (12) parcels are located on the east and west side of Whatley Road and three (3) parcels are located on the east side of Lincoln Road. The thirty-one (31) individual lots contain thirty (30) single family residential homes, and one (1) is a vacant parcel. These thirty-one (31) parcels have signed water service agreements with the City of Delray Beach (see Appendix "A") and are part of an overall annexation of the entire subdivision. The balance of the Country Club Acres subdivision Including the internal streets are being simultaneously annexed by either voluntary annexation agreements or by an interlocal agreement with Palm Beach County The annexation of parcels by voluntary annexation petitions are included on this same Commission agenda as a separate agenda Item. The remaining parcels and internal streets being annexed by interlocal agreement with the County will be before the commission at its next regular meeting and coincide with the second reading of the voluntary and water service annexations Infrastructure upgrades are proposed upon annexation which includes water, sewage, drainage, paving, roadway trench repair, concrete driveway repair, landscape restoration, sidewalks, and lighting, with a preliminary estimated cost of $1 ,310.000 dollars. These improvements will be cost shared between the City and County as stipulated In the interlocal agreement approved June 15, 2004. The City's estimated cost will be $850,000 and the County will reimburse the cost of paving and drainage in an estimated amount of $460,000. Funding IS available for' · Road Improvements from 334-3162-541-65.86, $400,000 (General Construction Fund/Road and Street Facilities/Country Club Acres). · Drainage improvements from 448-5461-538-65.86, $60,000 (General Construction Fund/Drainage FacIlities/Country Club Acres) · Water and Sewer Improvements from 441-5161-536-65.86, $786,000 (General Construction Fund/Water and Sewer Facilities/Country Club Acres). The subject property is under the jUrisdiction of Palm Beach County but is In a designated annexation area for the City of Delray Beach (Annexation Area "D") The City has a Low Density (LD) land use map designation that allows for single family residential development with a density between zero and five units per acre. The Future Land Use amendment and rezoning of the subject property to City designations will follow annexation and be Included in the upcoming Comprehensive Plan Amendment to be adopted in September, 2005 Additional background and an analysIs of the request are found in the attached Planning and ZOning Board Staff Report \aE City Commission Documentation - April 5, 2005 Voluntary Annexation Country Club Acres Page 2 PLANNING AND ZONING BOARD CONSIDERATION I At Its meeting of March 21, 2005, the Planning and Zoning Board held a public heanng In conjunction with this request There was public testimony from one of the residents (property owner) and her main concern was the approximate date in which improvements will be concluded After reviewing the staff report and discussing the proposal, the Board voted 5-0 to recommend that the request be approved and that the parcels to be annexed continue to be subject to Palm Beach County Land Use and Zoning designations until the City adopts a comprehensive plan amendment and related zonings. The request was approved based upon positive findings with respect to LOR Sections 2.4 5(C)(1), and that the property IS contiguous, reasonably compact and does not create an enclave; and, that services will be provided to the property in a manner similar to other similar properties within the City RECOMMENDED ACTION By motion, approve on first reading the ordinance for Annexation of a 6.26 acres property encompassing thirty-one (31) parcels located on the east side of Military Trail, approximately 160' south of Atlantic Avenue, based upon 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 cnteria set forth in Section 2.4 5(C)(1) of the LOR's, and set public hearing date of Apn119, 2005. Attachment: P & Z Staff Report of March 21, 2005 ORDINANCE NO. 15-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, PARCELS OF LAND LOCATED IN COUNTRY CLUB ACRES SUBDIVISION, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SA VI NG CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the below-listed individuals are the fee simple owners of property listed below located in Country Club Acres Subdivision; and Agreement Owner Name Legal Description Signed Katherine A. Macrae COUNTRY CLUB ACRES N 50 FT OF L T 3 10/91 Theodore & Virginia Gumlev COUNTRY CLUB ACRES L T 13 11/92 Mark H. Garramone COUNTRY CLUB ACRES L T 14 07/91 Frederick H. Gauhs COUNTRY CLUB ACRES L T 15 07/91 Frederick H. Gauhs COUNTRY CLUB ACRES N 50 FT OF L T 16 Rigoberto & Berta Rodriauez COUNTRY CLUB ACRES 1 ST ADD L TS 19 & 20 03/94 Leonardo J. Rodriguez & Ana V. Carvajal COUNTRY CLUB ACRES 1 ST ADD L T 21 01/96 Vicki V. Harris COUNTRY CLUB ACRES 2ND ADD L T 48 04/92 Debra J. Miller COUNTRY CLUB ACRES 2ND ADD L T 49 00/91 Aurius & Madiana COUNTRY CLUB ACRES 2ND ADD W 1/2 OF L T 51 & Thelismon LT52 09/91 Michael J. Euteneuer Sr. COUNTRY CLUB ACRES 2ND ADD L T 56 04/96 Guillermo & Josefina Barrabi COUNTRY CLUB ACRES 2ND ADD L T 65 03/95 Patrick M. & Cindy J. Robert COUNTRY CLUB ACRES 2ND ADD L T 77 01/91 Barbara R. Hutchinson COUNTRY CLUB ACRES 2ND ADD L T 78 07/91 Charles A. & Rebecca R. Woolard COUNTRY CLUB ACRES 2ND ADD L T 81 00/93 Everton Collins COUNTRY CLUB ACRES 2ND ADD L TS 100 & 101 00/99 Charlene R. Campbell COUNTRY CLUB ACRES 2ND ADD L T 76 00/93 COUNTRY CLUB ACRES 2ND ADD L T 64 AS IN Paul M. Ricard OR2157P1955 12/94 Peter Marino COUNTRY CLUB ACRES 2ND ADD L T 66 03/99 Siraiul I Sirai COUNTRY CLUB ACRES L T 12 04/00 Agreement Owner Name Legal DescriDtion Signed Stephen Bouboulis COUNTRY CLUB ACRES 2ND ADD L T 82 05/02 COUNTRY CLUB ACRES 2ND ADD L T 50 & E 1/2 OF Gilbert Laurent LT 51 09/91 Jeremy Buckmier COUNTRY CLUB ACRES 2ND ADD L T 60 01/91 COUNTRY CLUB ACRES N 25 FT OF L T 2 & S 25 FT Brian Flanagan OF L T 3 10/95 COUNTRY CLUB ACRES 2ND ADD L T 71 & W 1/2 Kettv Nore OF L T 72 06/92 Aurelio A .Cusett & Consuelo Valladares COUNTRY CLUB ACRES L T 1 03/95 Gail Nardiello Lasek COUNTRY CLUB ACRES 2ND ADD L T 75 01/93 Eileen P. Nevin COUNTRY CLUB ACRES 2ND ADD L T 70 01/92 Amin Saigg COUNTRY CLUB ACRES 2ND ADD L TS 79 & 80 03/99 Richard L. & Megan COUNTRY CLUB ACRES 2ND ADD E 1/2 OF L T 72 & Guarine Jr. LT73 00/91 COUNTRY CLUB ACRES S 25 FT OF L T 16 & N 25 FT Angelina J. Soyka OF L T 17 02/91 Katherine A. Macrae COUNTRY CLUB ACRES N 50 FT OF L T 3 10/91 WHEREAS, pursuant to the Agreement for Water and Sewer Service and Consent to Annexation and Stormwater Management Assessment executed on the date listed above, the City of Delray Beach intends to annex the subject properties into the municipal limits of the City of Delray Beach; and WHEREAS, the subject properties hereinafter described is contiguous to the corporate limits of the Cite of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS pursuant to LOR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of March 21, 2005, and voted 5 to 0 to recommend that the annexation be approved, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and 2 ORD NO. 15-05 WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: Lot 1, North 25 feet of Lot 2, South 25 feet of Lot 3, North 50 feet of Lot 3, Lots 12-15, Inclusive, North 50 feet of Lot 16 AND South 25 feet of Lot 16 & North 25 feet of Lot 17, Plat of Country Club Acres, as recorded in Plat Book 24, Page 10 of the Public Records of Palm Beach County, Florida. Together with; Lots 19-21, Inclusive, Plat of First Addition to Country Club Acres, as recorded in Plat Book 24, Page 16 of the Public Records of Palm Beach County, Florida. Together with; Lots 48-52, Inclusive, Lot 56, Lot 60, Lots 64-66, Inclusive, Lots 70-73, Inclusive, Lots 75-82, Inclusive, Lot 100 AND Lot 101, Plat of Second Addition to Country Club Acres, as recorded in Plat Book 24, Page 21 of the Public Records of Palm Beach County, Florida. Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Defray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. 3 ORD NO. 15-05 Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon Passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 20_ ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD NO. 15-05 ~ z w ::::IE w w ~ ~ ~ w ~ ~ ::J: ~ §: C/) ...J W o ~ « D.. ;=c >< c z W D.. 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SIGNED VOLUNTARY ANNEXATION AGREEMENT .. -ENCLAVES TO BE ANNEXED BY INTERLOCAL AGREEMENT ,.''''\,. .. - MUNICIPAL CITY LIMITS - - DIGITAL BASE MAP SYSTEM -- MAP REF LMB25 PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING DATE: AGENDA ITEM: ITEM: March 21, 2005 IV.B. City Initiated and Voluntary Annexation for 9.14 Acres of Land which Contain Forty Six (46) Parcels Located on the East Side of Military Trail just 160' South of Atlantic Avenue. Thirty one (31) of these Parcels Have Signed Water Agreements and Fifteen (15) Have Signed Voluntary Annexation Petitions with the City of Delray Beach. GENERAL DATA: Owner/Applicant........................ . Agent.................. ........................ Location......... ...... ..... .................. Property Size.... ... ..... .................. Existing County Future Land Use Map Designation ....... ....... .......... Proposed City Future Land Use Map Designation....................... .. Existing County Zoning............... Proposed City Zoning................. Adjacent Zoning................ North: East: South: West: Existing Land Use...................... Proposed Land Use.................... Water Service.......... ........... ........ Sewer Service............................. City of Delray Beach City of Delray Beach Eas side of Military Trail, approximately 160 ft south of West Atlantic Avenue. 9.14 Acres MR-5 (Medium Residential 0-5 du/ac) AR (Agricultural Residential) City PC (Planned Commercial) and GC (General Commercial) City RM-8 (Residential Medium Density 8 du/ac) City R-1-A (Single Family Residential) and OSR (Open Space Recreational) RM-9 (Residential Medium Density 9du/ac) Single Family Homes and Vacant Land. Annexation to obtain City Services {Water & Sewer for Existing Single Family Homes Water service will be available via connection to a 8" water main that will be located along Whatley Road Jefferson Road and Lincoln Road. Sewer service will be available via a 4" force main that will be located along Whatley Road Jefferson Road and Lincoln Road. D JMO~ ~LJDM:J WASHINGTON FIRST ~ I MUTUAL UNION ~ß \ I ATLANTIC AV DELRA Y SQUARE PLAZA .:. I II····. DELRA Y WEST PLAZA · · · - · · · - · - · · · - · · · · · · · · · · - . :J: t- => o (I) IV.B. ITEM BEFORE THE BOARD , The action before the Board is that of making a recommendation to the City Commission on a voluntary Annexation for 9.14 acres of land which includes forty six (46) parcels located on the east side of Military Trail just 160' south of Atlantic Avenue. Thirty one (31) of these parcels have signed water agreements (see Appendix "A") which includes a voluntary annexation clause and fifteen (15) have signed voluntary annexation agreements (see Appendix liB") with the City of Delray Beach. Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shaH review and make a recommendation to the City Commission with respect to the annexation of any property within the City. BACKGROUND/PROJECT DESCRIPTION I The subject property consists of 9.14 acres of land and encompasses forty six (46) parcels. Seventeen (17) parcels are located along the north and south side of Jefferson Road. Fifteen (15) parcels are located on east and west side of Whatley Road and fourteen (14) parcels are located on the north, south and east side of Lincoln Road. The properties are bound to the south by the LWDD L-34 Canal; to the north by Delray West Plaza and World Saving Bank; to the west by Military Trail and a veterinary clinic; and, to the east side by Sherwood Forest residential development. The subject property consists of 46 individual lots plus the respective right-of-ways for Lincoln Road, Whatley Road and Jefferson Road. Forty-two (42) of these parcels contain single family residential homes, while four (4) are vacant residential parcels. The parcels can be accessed to the north from West Atlantic Avenue via Whatley Road and to the west from Military Trail via Jefferson and Lincoln Road. Thirty-one (31) out of these 46 parcels have signed water agreements (see Appendix "A") with the City of Delray Beach which contains a voluntary annexation clause and fifteen (15) have signed voluntary annexation agreements (see Appendix "B"). On April 19, 2005, the City and the County executed an Interlocal Agreement which identifies improvements and cost sharing for the Country Club Acres subdivision. Rather than the normal related cost sharing ratios of 1/3 County, 1/3 City and 1/3 residents, a commitment will be made by the County and City to cover the entire cost if the property was annexed. Water service is currently installed within Jefferson Road and a portion Whatley Road. A water main extension is proposed as part of the planned improvements which will be installed after annexation. This extension will include Lincoln Road and the remaining portion of Whatley Road that is not currently served. Infrastructure improvements include water and sewage, drainage, road pavement, roadway trench repair, concrete driveway repair, landscape restoration, sidewalks, and lighting, with a preliminary cost estimated to be approximately $1,380.000 dollars. Sewer will be extended throughout the entire subdivision, via gravity connections at the west end of Jefferson Road and Sherwood Forest Drive respectively. The estimated cost of improvement does not include plumbing connections from the residence to the point of service of the City system. Each owner will be charged water and sewer connection fee, a meter deposit fee, and a meter installation fee for a total of $2,372 to be assessed with a payment plan over a period of years. Planning and Zoning Board Meeting of 03/21/05: Staff Report Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions Page 2 The subject property is under the jurisdiction of Palm Beach County but is in a designated annexation area for the City of Delray Beach (Annexation Area "0"). The City has a Low Density (LD) land use designation that allows for single family residential development with a density between zero and five units per acre. The Future Land Use amendment and rezoning of the subject property will be incorporated with the amended Comprehensive Plan to be adopted in September 2005. An application is now before the Board regarding a City initiated Voluntary Annexation of these forty six parcels. ANNEXATION AN~L YSIS I Florida Statues Governing Voluntary Annexations: Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or man made obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. . The property is contiguous with the City and reasonably compact. With regard to creation of an enclave, in order to access the property one must first travel through the City. Thus, the total 9.14 acres is currently an enclave. The annexation will reduce this enclave which is consistent with Florida Statutes. The remaining seven (7) enclaves which make up the balance of the subdivision will be under 10 acres and are subject to annexation via an interlocal agreement pursuant to F.S. 171.046. land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. Thirty one (31) of the property owners have signed water agreements which commits them to be annexed into the City and fifteen (15) have signed voluntary annexation petitions with the City of Delray Beach (see Appendix "A"). CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated annexation area: The territory to be annexed is located within the designated annexation area "0" located on the east side of Military Trail south of Atlantic Avenue. Annexation of the subject territory is consistent with the Future Land Use Element Policy B- 3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. Planning and Zoning Board Meeting of 03/21/05: Staff Report Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions Page 3 CONCURRENCY: Provision of Services: Future Land Use Element B-3.1 states that when annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City. What follows is a discussion of required services and the manner in which they will be provided. Police: The subject property is currently served by the Palm Beach County Sheriffs Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff Patrol zone 7. Zone seven is bordered by Jog Road on the west, the Delray Beach City Limits on the east, and Atlantic Avenue on the north and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the day and 15 cars during the night; and as a consequence, response time will be significantly improved upon annexation. Annexation will not require additional manpower since the police currently pass the property during routine patrolling to the north, west and east of the property. Fire and Emerqencv Services: The municipal area is served by Fire Station No. 4 (Barwick Road and Lake Ida Road). With annexation, the property will receive an improved response time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire Station #4 located at Barwick and Lake Ida Road or Fire Station #5 located on Germantown Road). Parks and Recreation: The City provides 127 acres of activity based recreation facilities such as tennis, baseball, basket ball, soft ball and other similar sports. An additional 247 acres are considered resource based activities such as beaches and lakes for swimming, boating picnicking, hiking, and other activities excluding golf courses. Within recreation areas, amenities and facilities are provided to meet the demand for leisure opportunities for all segments of the community. Besides the facilities provided by the City and County, numerous recreational amenities are provided by local schools and private development. The City of Delray Beach provides a ratio of eight (8) acres of park and recreational facilities per 1,000 people while the current national ratio is 3 acres of park and recreational facilities per 1,000 people. This indicates that the City will have sufficient recreation facilities at build-out to meet the adopted standards and future demand. Schools: Country Club Acres east of Military Trial is an already built and well established urban community. Therefore, a concurrency finding from the Palm Beach County School District is not required. Solid Waste: Forty two (42) out of the forty six parcels currently contain single family homes while four (4) are vacant parcels and therefore have a minor impact on this level of service standard. Assuming the total number of single family homes as built (95 units) the subject properties will generate 189.05 tons of solid waste per year (1.99x95=189.05). The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. Water: Water service is currently being provided to properties on Jefferson Road and a portion Whatley Road. The proposed water improvements to be constructed by the City after annexation will include Lincoln Road and the remaining portion of Whatley Road. Once the Planning and Zoning Board Meeting of 03121/05: Staff Report Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions Page 4 proposed infrastructure improvements are completed municipal water service will be available via connection to the new 8" water main for all properties within the subdivision. Along the new mains, fire hydrants will be installed with a minimum spacing of 400 feet. Sewer: The proposed sewer will be installed throughout the entire subdivision, with gravity connections to the west end of Jefferson Road and Sherwood Forest Drive respectively. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The parcels can be accessed to the north from West Atlantic Avenue via Whatley Road and to the west from Military Trail via Jefferson and Lincoln Road. Those portions of the right-of-way of Lincoln Road, Jefferson Road and Whatley Road located within the Country Club Acres sub-division (east of Military Trail) will be annexed into and included in the corporate boundaries of the City of Delray Beach. This will include acceptance by the City of ownership and maintenance of the right-of-way of those portions of Lincoln, Jefferson and Whatley Roads, and responsibility for providing emergency services in those areas. Country Club Acres east of Military Trail is an existing already built community that complies with the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. Based upon the above a positive finding with respect to traffic concurrency can be made. There will be a mutual agreement by the City and County pursuant to Section 335.0415, Florida Statutes (2004), for the transfer of the responsibility for operation and maintenance of the public right-of-way of those portions of Lincoln, Jefferson and Whatley Roads from Palm Beach County to the City of Defray Beach. In addition to the utilities that are being installed as part of the interlocal agreement roadway improvements consisting of drainage, road pavement, roadway trench repair, concrete driveway repair, landscape restoration and beautification, sidewalks installation, lighting and signage will be provided, with a preliminary cost estimated to be approximately $1,380.000 dollars. Financial Impacts - Effect upon Annexed Property: The following table (Table #1) depicts the current taxable value, the total County taxes and the tax difference upon annexation into the City for the subject properties: Planning and Zoning Board Meeting of 03/21/05: Staff Report Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions Page 5 Table # 1 NUMBER EXEMPTION VALUE 2004 I TAXES TAXES TAXES MILLAGE MILLAGE TAXES 00424613010000031 25,000.00 25,275 00 498 06 234.00 732.06 19.705719 23 774565 834 90 10284 00424613010000130 25,000.00 55,370.00 1,091 11 234.00 1,325 11 19705719 23 774565 1,550 40 225 29 00424613010000140 25,000 00 40,71500 802.32 234 00 1,036 32 19.705719 23774565 1,201.98 16566 00424613010000150 25,000.00 83,556.00 1,646.53 234.00 1,880 53 19.705719 23.774565 2,220.51 339 98 00424613010000161 000 29,16000 574.62 33.00 60762 19.705719 23 774565 864 92 142 38 00424613020000190 000 117,697.00 2,319.30 234.00 2,553 30 19.705719 23 774565 3,032.19 478.89 00424613020000210 25,000 00 27,528.00 542.46 234.00 776.46 19.705719 23.774565 888.47 112.01 00424613030000480 25,000.00 35,226.00 694.15 234.00 928.15 19.705719 23.774565 1,071 48 143.33 00424613030000490 0.00 108,975.00 2,147.43 234.00 2,381.43 19.705719 23.774565 2,824 83 443.40 00424613030000511 25,000 00 48,863 00 962 88 234.00 1,196.88 19.705719 23.774565 1,395 70 198.82 00424613030000560 25,000 00 55,852 00 1,10060 234.00 1,334.60 19705719 23 774565 1,561 86 227.25 00424613030000770 25,000.00 42,461.00 836.72 234 00 1,070 72 19705719 23.774565 1,243.49 172. 77 00424613030000780 000 119,43500 2,353 55 234 00 2,587 55 19.705719 23.774565 3,073.52 485.96 00424613030000810 25,000.00 66,413.00 1,308 72 234 00 1,542.72 19705719 23.774565 1,812.94 270.22 00424613030001000 25,000.00 73,04600 1,439 42 234.00 1,673.42 19.705719 23.774565 1,970.64 297.21 00424613030000760 25,000.00 49,263 00 970 76 234 00 1,204.76 19.705719 23.774565 1,405.21 200 44 00424613030000640 25,000.00 47,82200 942 37 234 00 1,176 37 19705719 23 774565 1,370.95 194.58 00424613030000660 0.00 96,27500 1,897.17 234 00 2,131.17 19705719 23.774565 2,522.90 391.73 00424613010000120 25,000.00 48,738.00 960 42 234.00 1,19442 19705719 23 774565 1 ,392.72 198.31 00424613030000820 25,000.00 90,524 00 1,783 84 234.00 2,017.84 19.705719 23.774565 2,386.17 368.33 00424613030000500 0.00 121,67600 2,397.71 234.00 2,631 71 19.705719 23.774565 3,126.79 495.08 00424613010000022 0.00 88,753.00 1,748.94 234.00 1,982 94 19.705719 23.774565 2,344.06 361.12 00424613030000710 25,000.00 67,358.00 1,327.34 234 00 1,561.34 19.705719 23.774565 1,835.41 274 07 00424613010000010 25,000.00 78,64600 1,549 78 234.00 1,78378 19.705719 23.774565 2,103.77 320 00 00424613030000750 000 88,410.00 1,742.18 234.00 1,97618 19.705719 23 774565 2,335.91 359.73 00424613030000700 25,000.00 51,821.00 1,021.17 234.00 1,255 17 19.705719 23 774565 1 ,466 02 21085 00424613030000790 0.00 167,007.00 3,290.99 234.00 3,524.99 19.705719 23.774565 4,204.52 679 53 00424613030000721 25,000.00 30,352.00 598.11 234 00 832.11 19.705719 23.774565 95561 123.50 00424613010000162 0.00 118,675.00 2,338 58 234 00 2,572.58 19.705719 23.774565 3,055 45 482.87 00424613020000310 25,000.00 26,347.00 519.19 234 00 753.19 19.705719 23.774565 860.39 107.20 00424613030000880 25,000.00 45,916.00 904.81 234 00 1,138.81 19.705719 23.774565 1,325.63 186.83 00424613020000391 25,000.00 58,842 00 1,15952 234.00 1,393.52 19.705719 23.774565 1,632 94 239.42 00424613030000870 25,000.00 64,024.00 1,261.64 234.00 1,495.64 19705719 23.774565 1,75614 260.50 00424613030001120 25,000.00 74,028.00 1 ,458 77 234.00 1,692.77 19705719 23.774565 1,993.98 301.21 00424613030001190 25,000.00 65,703.00 1,294 72 234 00 1,528.72 19.705719 23.774565 1,796.06 267.34 00424613010000180 0.00 80,559.00 1,587.47 234.00 1,821.47 19.705719 23 774565 2,149.26 327.78 00424613010000021 0.00 92,956.00 1,831.76 234.00 2,065 76 19.705719 23 774565 2,443.99 378.22 00424613030000960 25,000.00 115,074.00 2,267.62 234 00 2,501 62 19.705719 23.774565 2,969.83 468.22 00424613030000950 000 31,104.00 612.93 33.00 645.93 19.705719 23.774565 772.48 12656 00424613030000530 000 29,160.00 57462 33.00 60762 19.705719 23.774565 726 27 11865 00424613030000890 000 31,104.00 612.93 33.00 645.93 19.705719 23.774565 772 48 126 56 00424613030001030 25,000.00 72,753.00 1 ,433.65 234 00 1,667.65 19.705719 23.774565 1,963 67 296.02 00424613030000940 0.00 116,02700 2,286 40 234 00 2,52040 19.705719 23.774565 2,99249 472.10 00424613030001110 0.00 127,07800 2,504 16 234 00 2,738.16 19705719 23.774565 3,255.22 517.06 00424613030000650 25,00000 32,12100 632 97 234 00 866 97 19705719 23.774565 997.66 130.70 00424613030000600 25,000.00 74,83516 1,47468 234 00 1 ,708 68 19705719 23.774565 2,011.05 304.13 IUIAL 675,000.00 3,212,52316 63,305.08 9,960.00 73,265 08 19705719 23774565 86,472.87 Planning and Zoning Board Meeting of 03/21/05: Staff Report Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions Page 6 For the 2004 tax year the subject property (forty six parcels) had a combined taxable value of $3,212,434.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: . ADVALOREM COUNTY COUNTY wtTH CITY CITY TAXES TAXES MILLAGE ANNEXATION TAXES MILLAGE SECTION -1 Children Service Council 2,227 21 3 202280 DELETE 000 0.000000 Fire/Rescue MSTU 10,277.51 0.436500 DELETE 0.00 0.000000 Florida Inland Navegation 123 70 o 430000 DELETE 0.00 0.000000 Health Care Distñct 3,503.65 0690189 3,503 65 0.690189 Palm Beach County 14,455.89 1 230600 14,455 89 1.230600 Palm Beach County Debt 859.98 4.362354 859.98 4.499980 Palm Beach County library 1,73569 0.186337 1,735.69 0.186337 Palm Beach County Library Debt 1,714.47 0.038490 1,71447 0.038490 Public Schools Debt Serv 880.18 o 273986 880.18 0.273986 Public Schools Loc Board 8,326.55 2 592000 8,326 55 2.592000 Public Schools State Law 17,880.29 5.565993 17,880.29 5.565993 SFWMD District 1,917.81 o 597000 1,917 81 0.597000 SFWMD Everglades Const. 321.35 0.099990 321 35 0.099990 City of Delray Beach 7466100 Added (City) 23,984.35 7.466100 City of Delray Beach Debt 0.533900 Added (City) 1,71512 0.533900 SUB-TOTAL 64,224.28 19.705719 Difference* 77,295.33 23.774565 4.068780 * Total tax millage in the County is 19.705719 mills while in the City the total millage is 23.774565 mills. Therefore, the difference is 4.068780 mills. The current yearly ad valorem taxes for all properties is $62,224.28. With annexation the yearly ad valorem tax for all properties will be $77,295.33, (64,224.28+13,071.05=77,295.33); a tax difference of $13,071.33 (3,212.523.16x4.06878/1000=13,071.049). In addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. As the property has been developed or subdivided for residential purposes, an assessment of $40.50 per unit is applied. A 25% discount from the assessment is available since the property is within the Lake Worth Drainage District. Solid Waste Authority - The Military Trail annexation areas are serviced under a new contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) " if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchise may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". Thus, the waste service provider will not change with annexation. Planning and Zoning Board Meeting of 03/21/05: Staff Report Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions Page 7 Resulting Impacts to Property Owner: SUMMARY OF IMPACTS ON THE COUNTRY CLUB ACRES PROPERTY FINANCIAL CONSIDERATIONS AD VALOREM TAXES 2004 + $90 - $527 City Mills. County Mills 23.7745 - 19.7057 = 4.0687 NON AD VALOREM TAXES 2004 Stormwater Assessment (@ $40.50 per umt) $40.50 Solid Waste Collection $0.00 WATER & SEWER UTILITY FEES $0.00 ANNUAL FINANCIAL IMPACT: + $90 - $527 Water & sewer connection & meter installation fee per unit (one time fee) + $2,372.00 SERVICE CONSIDERATIONS Fire Response + Faster response from an estimated 5.5 minutes (County) to 2.5 minutes (City). Emergency Medical + Faster response from an estimated 5.5 Services (EMS) minutes (County) to 2.5 minutes (City) Police + Better response based upon more officers in field; 14 patroll cars per shift daytime, 15 patrol cars during the night. Code Enforcement + Pro-active vs reactive opportunity to work Fiscal Impacts to the City: At the 2003/2004 City operating milage of 7.46 mills and debt rate of 0.53 mills, the property will generate approximately $24,844.54 in new ad valorem taxes per year. Additional revenues will be realized through increased property values as a result of infrastructure improvements, building permit fees, the annual collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. ..... - .-...... __.-!"OSITIVE FISCAL'IMPACT TO 'THE ernv :,.' " . AD VALOREM TAXES 2004 City of Delray Beach (7.4661 Mills) City of Delray Beach Debt (0.5339 Mills) SUB-TOTAL NON-AD VALOREM TAXES Storm Water Assessment (æt:¡ $40.50 per unit) SUB-TOTAL (PER YEAR) WATER & SEWER CONNECTION & METER INSTALLATION FEE Water\sewer connection & meter installation fee em $2,372 p/unit (one tim. TOTAL 23,985.02 1,715.17 + $25,700.19 $1.863.00 + $27.563.19 + 109,112.00 + $136.675.19 - -- ... NEGATIVE FISCAL IMPACT TO THE CITY ____. _ __... _____.n . ___ . __ ______ . - -- ----. . ---- Total Cost of Construction $1,380.000 (50 % County and 50% City) for: - Roadway restoration on Lincoln Road - Sewer for entire subdivision via gravity connections - Water extensions to include Lincoln Road and a portion of Whatley Road. drainaae, sidewalks, fire hydrants, landscapinQ, and TOTAL ...----- - -- $690,000.00 $690.000.00 Code Enforcement .:~.~- _____ ....!..E~'!~CE CONSIDERATIONS ". ' .... .._..----.:...... + Faster response from an estimated 5 5 mÎnutes (Countv) to 2.5 minutes (Citv). Faster response from an estimated 5.5 minutes (Countv) to 2.5 minutes (Citv). Better response based upon more officers in field; 14 patroll cars per shift daytime, 15 patrol cars durina the niaht. Pro-active vs reactive oPPortun~to work + -. -- ---- Fire Response Emergency Medical Services (EMS) Pollee + + Planning and Zoning Board Meeting of 03/21/05: Staff Report Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions Page 8 REQUIRED FINDINGS: Pursuant to lDR Section 2.4.5(C)(4), the City Commission must make findings that the annexation is consistent with Objective B-3 of the Future land Use Element, and complies with F .5. 171. As stated above, the subject property is located within a designated annexation area, Area D. Its annexation is consistent with the Objective B-3 of the Future Land Use Element. Also, the annexation complies with Florida State Statutes Section 171 as it pertains to annexations. REVIEW BY OTI:f~RS I The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Palm Beach County Notice: On March 07, 2005 the Palm Beach County Planning Division was notified of the City's intent to annex this property. No response has been received yet. However, the County is a partner via the interlocal agreement to the annexation and related infrastructure improvements lake Worth Drainaae District On March 07, 2005, Lake Worth Drainage District was notified of the City's intent to annex this property. No objections have been received. IPARC Notice: Notice of the Future Land Use Amendment has also been provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received Courlesv Notices: Special courtesy notices were provided to the following homeowners and civic associations: o Bill Rice, Sherwood Forest o Carolyn Zimmerman, President Council o Herbert Levine, Hamlet Residents Association o Jerry Franciosa, PROD (Progressive Residents of Delray) Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Meeting of 03/21/05: Staff Report Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions Page 9 ASSESMENT AND CONCLUSION I Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its planning and service area. The City has a Low Density (LD) land use designation that allows for single family residential development with a density between zero and five units per acre. The Future Land Use amendment and rezoning of the subject property will follow this action with Comprehensive Plan Amendment 2005-1. The annexation will provide better Police, Fire, EMS and Code Enforcement services. The property will experience a slight increase in ad valorem taxes but this is more than offset with infrastructure improvements of approximately 1.3 million dollars. The City will receive additional revenue from property taxes, in addition to storm water assessment fees utility taxes, franchise fees, and licensing fees upon future development or property improvement. The total immediate revenue increase is approximately $24,844.54, a year. Infrastructure improvements will include water and sewage, drainage, road pavement, .' roadway trench repair, concrete driveway repair, landscape restoration, sidewalks, and lighting. Based upon the above, the proposed Annexation should be approved. ALTERNATIVE ~CTIONS ~ A. Continue with direction. B. Move a recommendation of approval to the City Commission for the City initiated and voluntary annexation for the subject property (known as Country Club Acres), by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(C)(4) and 3.1.1 of the Land Development Regulations and complies with Florida Statutes Chapter 171. C. Move a recommendation of denial to the City Commission for the City initiated and voluntary annexation for the subject property (known as Country Club Acres), by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(C)(4) and 3.1.1 of the Land Development Regulations and does not comply with Florida Statutes Chapter 171. RECOMMÉfiPED 'ACTION I Move a recommendation of approval to the City Commission for the City initiated and voluntary annexation for the subject property (known as Country Club Acres), by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(C)(4) and 3.1.1 of the Land Development Regulations and complies with Florida Statutes Chapter 171. 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T~ ~ O¡ro ID OJ. I CITY COMMISSION DOCUMENTATION ff4 I FROM: TO: THRU: SUBJECT: MEETING OF APRIL 5, 2005 VOLUNTARY ANNEXATION FOR 2.88 ACRES OF PROPERTY MADE UP OF FIFTEEN (15) PARCELS LOCATED IN THE COUNTRY CLUB ACRES SUBDIVISION WHICH HAVE SIGNED VOLUNTARY ANNEXATION AGREEMENTS WITH THE CITY OF DELRAY BEACH. BACKGROUND The subject property consists of 2.88 acres of land and involves fifteen (15) parcels. One (1) parcel IS located along the north side of Jefferson Road. Four (4) parcels are located on the east and west side of Whatley Road and ten (10) parcels are located on the north and south side of Lincoln Road. The 15 individual lots contain twelve (12) single family residential homes, and (3) are vacant parcels These fifteen (15) parcels have signed voluntary annexation agreements with the City of Delray Beach (see Appendix "B") and are part of an overall annexation of the entire subdivision. The balance of the Country Club Acres subdivision including the internal streets are being simultaneously annexed either by provisions In executed water service agreements or by an interlocal agreement with Palm Beach County (see attached map) The annexation of parcels having executed water service agreements are being considered as a separate agenda item on this Commission agenda The remaining parcels and internal streets will be annexed by interlocal agreement with the County which will be before the commission at its next regular meeting and coincide with the second reading of both the voluntary and water service agreement annexations. Infrastructure upgrades are proposed upon annexation which includes water, sewage, drainage, paving, roadway trench repair, concrete driveway repair, landscape restoration, sidewalks, and lighting, with a preliminary estimated cost of $1,310000 dollars These improvements will be cost shared between the City and County as stipulated in the Interlocal agreement approved June 15, 2004 The City'S estimated cost will be $850,000 and the County will reimburse the City the cost of paving and drainage in an estimated amount of $460,000 Funding is available for: · Road Improvements from 334-3162-541-65.86, $400,000 (General Construction Fund/Road and Street Facilities/Country Club Acres). · Drainage improvements from 448-5461-538-6586, $60,000 (General Construction Fund/Drainage Facilities/Country Club Acres). · Water and Sewer improvements from 441-5161-536-6586, $786,000 (General Construction Fund/Water and Sewer FacIlities/Country Club Acres) The subject property is under the jurisdiction of Palm Beach County but is in a designated annexation area for the City of Delray Beach (Annexation Area liD") The City has a Low Density (LD) land use map designation that allows for single family residential development with a density between zero and five units per acre The Future Land Use amendment and rezoning of the subject property will follow annexation and be included in the upcoming Comprehensive Plan Amendment to be adopted In September, 2005. Additional background and an analysIs of the request are found In the attached Planning and Zoning Board Staff Report. \ è\0- City CommiSSion Documentation Meeting of April 5, 2005 Country Club Acres Annexation Forty SIX (46) Parcels with Water Agreement and Voluntary Annexation Petitions Signed Page 2 PLANNING AND ZONING BOARD CONSIDERATION At Its meeting of March 21,2005, the Planning and Zoning Board held a public hearing In conjunction with this request. There was public testimony from one of the residents (property owner) and her main concern was the approximate date in which Improvements will be concluded. After reviewing the staff report and discussing the proposal, the Board voted 5-0 to recommend that the request be approved and that the parcels to be annexed continue to be subject to Palm Beach County Land Use and Zoning designations untif the City adopts a comprehensive plan amendment and related zonings. The request was approved based upon positive findings with respect to LDR Sections 2.4.5(C)(1), and that the property is contiguous, reasonably compact and does not create an enclave; and, that services will be provided to the property In a manner similar to other similar properties within the City. RECOMMENDED ACTION By motion, approve on first reading the ordinance for Annexation of a 2.88 acres property encompassing fifteen parcels located on the east side of MIlitary Trail, approximately 160' south of Atlantic Avenue, based upon 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(C)(1) of the LDR's, and set public hearing date of April 19, 2005 Attachments: P & Z Staff Report of March 21, 2005 ORDINANCE NO. 14-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, PARCELS OF LAND LOCATED IN COUNTRY CLUB ACRES SUBDIVISION, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the below-listed individuals are the fee simple owners of property listed below located in Country Club Acres Subdivision; and Owner Name Legal Description John Bizer & Constance Stillwell COUNTRY CLUB ACRES 2ND ADD LT88 MarQaret J. Saunders COUNTRY CLUB ACRES 2ND ADD L T 103 Byron R. & Hollie L. EQQers COUNTRY CLUB ACRES 1 ST ADD LT 31 Jeannie R. Mellies COUNTRY CLUB ACRES 1 ST ADD N 25 FT OF L T 39 & L TS 40 & 41 Islande Clansler & Renold Chery COUNTRY CLUB ACRES 2ND ADD LT87 Marv M. Phillips COUNTRY CLUB ACRES 2ND ADD L T 112 Brian Moore COUNTRY CLUB ACRES 2ND ADD L TS 119 & 120 Mark J Maher & Lariat Organization Co. COUNTRY CLUB ACRES L T 18 Janet D. Burford COUNTRY CLUB ACRES S 50 FT OF L T 2 Hector Santana COUNTRY CLUB ACRES 2ND ADD L TS 96 & 97 Jackie Allen COUNTRY CLUB ACRES 2ND ADD LT 95 Stanley Rothman, York Builders Inc COUNTRY CLUB ACRES 2ND ADD L T 53 Stanley Rothman, York Builders Inc. COUNTRY CLUB ACRES 2ND ADD L T 89 EUQene F. Soyka COUNTRY CLUB ACRES 2ND ADD LT94 Mirtha Soyka COUNTRY CLUB ACRES 2ND ADD LT 111 WHEREAS, the above owners have requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Del ray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of MR-5 (Medium Density Residential 5 units per acre); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of March 21,2005, and voted 5 to 0 to recommend annexation, based upon positive findings; 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 changes are consistent with and furthers the 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 Del ray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: South 50 feet of Lot 2 AND Lot 18, Plat of Country Club Acres, as recorded in Plat Book 24, Page 10 of the Public Records of Palm Beach County, Florida. Together with; Lot 31, North 25 feet of Lot 39, Lot 40 AND Lot 41, Plat of First Addition to Country Club Acres, as recorded in Plat Book 24, Page 16 of the Public Records of Palm Beach County, Florida. Together with; 2 ORD NO. 14-05 Lot 53, Lot 54, Lots 87-90, Inclusive, Lots 94-97, Inclusive, Lot 103, Lot 111, Lot 112, Lot 119 AND Lot 120, Plat of Second Addition to Country Club Acres, as recorded in Plat Book 24, Page 21 of the Public Records of Palm Beach County, Florida. The subject property is located in Country Club Acres Subdivision. Section 3. That the boundaries of the City of De1ray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the ftanchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,200_. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO 14-05 T""" V oð 0 v en I- ~ oð 0) C") I- o. ~ N: 'or- : I'- LL.. oð' ,N 0). 0, il- oði , I- 0) .~ N T""" CD C") T""" T""" CO . LL.. I'- T"" T"" LL.. 0) I.') 0 V T"" U CO I.') 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'. ~¡;~III¡œ.!..¡ .! I:I~~~" L -J.-u . , .. 0 , - ~- ' . ~:;::~I ~~--'~. "LINCOLN' : ROAD .I~- "I "I·...·~ U1_ : i: I I ~ ~ I I II I I _ .. .._... ;: ~ Ii .".',;, .11." .. .34'"(JJ~N~ '. wI'. · · . . ~ - r--\ .111\\ / r "-wH ~ ~ EST~TES DRIVE I :& ~"~ . -'"uL/ ! 01 PUBLlX ~ II. I ; WASHINGTONjl FIRST MU TUAL UNION, . ATLANTIC I I I~ ~ ¡ß ~ AVENUE i OELR A Y WEST PLAZA j I---- I---- T I -------- rll 1.-- I -I ËI 0' ~I 2if-~ ~ <:Q:: oq:: ~oq:: .V) 8 Q ~ ~2 o a~ :j oq:: ~s 'X COUNTRY CLUB ACRES ANNEXATION - SIGNED VOLUNTARY ANNEXATION AGREEMENT .; ~," - MUNICIPAL CITY LIMITS MAP REF LM825 JI æ V " .-/ ! n-.-/ ~ / ~-/ II> 1/ /-g:[::: ~ <: '/ oq::O / a-.l/ Ooq:: _ QO V)- 8 ~! II NA nONS BANK ~ I : Ii \ : . . 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Thirty one (31) of these Parcels Have Signed Water Agreements and Fifteen (15) Have Signed Voluntary Annexation Petitions with the City of Delray Beach. GENERAL DATA: Owner/Applicant........................ . Agent.... ..... ................................. Location....................... .............. Property Size.............................. Existing County Future Land Use Map Designation....................... . Proposed City Future Land Use Map Designation........................ . Existing County Zoning............... Proposed City Zoning................. Adjacent Zoning................ North: East: South: West: Existing Land Use...................... Proposed Land Use........ ........ .... Water Service............ ..... ... ......... Sewer Service................. ............ City of Delray Beach City of Delray Beach Eas side of Military Trail, approximately 160 ft. south of West Atlantic Avenue. 9.14 Acres MR-5 (Medium Residential 0-5 du/ac) AR (Agricultural Residential) City PC (Planned Commercial) and GC (General Commercial) City RM-8 (Residential Medium Density 8 du/ac) City R-1-A (Single Family Residential) and OSR (Open Space Recreational) RM-9 (Residential Medium Density 9du/ac) Single Family Homes and Vacant Land Annexation to obtain City Services (Water & Sewer for Existing Single Family Homes ; Water service will be i I available via connection to a: ~ 8" water main that will be 0 located along Whatley Road. II) Jefferson Road and Lincoln Road. Sewer service will be available via a 4" force main that will be located along Whatley Road Jefferson Road and Lincoln Road. DELRA Y SQUARE PLAZA :. ...... DELRA Y WEST PLAZA · · · · · · · : I · i · = · . .. .. ~ · .. . .. I · I · I · · · · >- I .. . . .. . . . . . . . .. II:: . -<l. ~ .... t-.. -. -I. I -I -. ::¡¡. , . . . iii . . _ . . . . . . . . . . . . . . . ~ ! il.l: / I IV.S. ITEM BEFORE THE BOARD I The action before the Board is that of making a recommendation to the City Commission on a voluntary Annexation for 9.14 acres of land which includes forty six (46) parcels located on the east side of Military Trail just 160' south of Atlantic Avenue. Thirty one (31) of these parcels have signed water agreements (see Appendix "A") which includes a voluntary annexation clause and fifteen (15) have signed voluntary annexation agreements (see Appendix "B") with the City of Delray Beach. Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to the annexation of any property within the City. BACKGROUND/PROJECT DESCRIPTION I The subject property consists of 9.14 acres of land and encompasses forty six (46) parcels. Seventeen (17) parcels are located along the north and south side of Jefferson Road. Fifteen (15) parcels are located on east and west side of Whatley Road and fourteen (14) parcels are located on the north, south and east side of Lincoln Road. The properties are bound to the south by the LWDD L-34 Canal; to the north by Delray West Plaza and World Saving Bank; to the west by Military Trail and a veterinary clinic; and, to the east side by Sherwood Forest residential development. The subject property consists of 46 individual lots plus the respective right-of-ways for Lincoln Road, Whatley Road and Jefferson Road. Forty-two (42) of these parcels contain single family residential homes, while four (4) are vacant residential parcels. The parcels can be accessed to the north from West Atlantic Avenue via Whatley Road and to the west from Military Trail via Jefferson and Lincoln Road. Thirty-one (31) out of these 46 parcels have signed water agreements (see Appendix "A") with the City of Delray Beach which contains a voluntary annexation clause and fifteen (15) have signed voluntary annexation agreements (see Appendix "B"). On April 19, 2005, the City and the County executed an Interlocal Agreement which identifies improvements and cost sharing for the Country Club Acres subdivision. Rather than the normal related cost sharing ratios of 1/3 County, 1/3 City and 1/3 residents, a commitment will be made by the County and City to cover the entire cost if the property was annexed. Water service is currently installed within Jefferson Road and a portion Whatley Road. A water main extension is proposed as part of the planned improvements which will be installed after annexation. This extension will include Lincoln Road and the remaining portion of Whatley Road that is not currently served. Infrastructure improvements include water and sewage, drainage, road pavement, roadway trench repair, concrete driveway repair, landscape restoration, sidewalks, and lighting, with a preliminary cost estimated to be approximately $1,380.000 dollars. Sewer will be extended throughout the entire subdivision, via gravity connections at the west end of Jefferson Road and Sherwood Forest Drive respectively. The estimated cost of improvement does not include plumbing connections from the residence to the point of service of the City system. Each owner will be charged water and sewer connection fee, a meter deposit fee, and a meter installation fee for a total of $2,372 to be assessed with a payment plan over a period of years. Planning and Zoning Board Meeting of 03/21/05: Staff Report Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions Page 2 The subject property is under the jurisdiction of Palm Beach County but is in a designated annexation area for the City of Delray Beach (Annexation Area "0"). The City has a Low Density (LD) land use designation that allows for single family residential development with a density between zero and five units per acre. The Future Land Use amendment and rezoning of the subject property will be incorporated with the amended Comprehensive Plan to be adopted in September 2005. An application is now before the Board regarding a City initiated Voluntary Annexation of these forty six parcels. ANNEXATION ANALYSIS I Florida Statues Governina Voluntary Annexations: Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. . The property is contiguous with the City and reasonably compact. With regard to creation of an enclave, in order to access the property one must first travel through the City. Thus, the total 9.14 acres is currently an enclave. The annexation will reduce this enclave which is consistent with Florida Statutes. The remaining seven (7) enclaves which make up the balance of the subdivision will be under 10 acres and are subject to annexation via an interlocal agreement pursuant to F.S. 171.046. Land Development Reaulations Governina Annexations: Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. Thirty one (31) of the property owners have signed water agreements which commits them to be annexed into the City and fifteen (15) have signed voluntary annexation petitions with the City of Delray Beach (see Appendix "A"). CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Desianated annexation area: The territory to be annexed is located within the designated annexation area "0" located on the east side of Military Trail south of Atlantic Avenue. Annexation of the subject territory is consistent with the Future Land Use Element Policy B- 3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. Planning and Zoning Board Meeting of 03/21/05: Staff Report Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions Page 3 CONCURRENCY: Provision of Services: Future Land Use Element B-3.1 states that when annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City. What follows is a discussion of required services and the manner in which they will be provided. Police: The subject property is currently served by the Palm Beach County Sheriff's Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff Patrol zone 7. Zone seven is bordered by Jog Road on the west, the Delray Beach City Limits on the east, and Atlantic Avenue on the north and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the day and 15 cars during the night; and as a consequence, response time will be significantly improved upon annexation. Annexation will not require additional manpower since the police currently pass the property during routine patrolling to the north, west and east of the property. Fire and Emerc¡encv Services: The municipal area is served by Fire Station No. 4 (Barwick Road and Lake Ida Road). With annexation, the property will receive an improved response time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire Station #4 located at Barwick and Lake Ida Road or Fire Station #5 located on Germantown Road). Parks and Recreation: The City provides 127 acres of activity based recreation facilities such as tennis, baseball, basket ball, soft ball and other similar sports. An additional 247 acres are considered resource based activities such as beaches and lakes for swimming, boating picnicking, hiking, and other activities excluding golf courses. Within recreation areas, amenities and facilities are provided to meet the demand for leisure opportunities for all segments of the community. Besides the facilities provided by the City and County, numerous recreational amenities are provided by local schools and private development. The City of Delray Beach provides a ratio of eight (8) acres of park and recreational facilities per 1,000 people while the current national ratio is 3 acres of park and recreational facilities per 1,000 people. This indicates that the City will have sufficient recreation facilities at build-out to meet the adopted standards and future demand. Schools: Country Club Acres east of Military Trial is an already built and well established urban community. Therefore, a concurrency finding from the Palm Beach County School District is not required. Solid Waste: Forty two (42) out of the forty six parcels currently contain single family homes while four (4) are vacant parcels and therefore have a minor impact on this level of service standard. Assuming the total number of single family homes as built (95 units) the subject properties will generate 189.05 tons of solid waste per year (1.99x95=189.05). The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. Water: Water service is currently being provided to properties on Jefferson Road and a portion Whatley Road. The proposed water improvements to be constructed by the City after annexation will include Lincoln Road and the remaining portion of Whatley Road. Once the Planning and ZOning Board Meeting of 03/21/05. Staff Report Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions Page 4 proposed infrastructure improvements are completed municipal water service will be available via connection to the new 8" water main for all properties within the subdivision. Along the new mains, fire hydrants will be installed with a minimum spacing of 400 feet. Sewer: The proposed sewer will be installed throughout the entire subdivision, with gravity connections to the west end of Jefferson Road and Sherwood Forest Drive respectively. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The parcels can be accessed to the north from West Atlantic Avenue via Whatley Road and to the west from Military Trail via Jefferson and Lincoln Road. Those portions of the right-of-way of Lincoln Road, Jefferson Road and Whatley Road located within the Country Club Acres sub-division (east of Military Trail) will be annexed into and included in the corporate boundaries of the City of Delray Beach. This will include acceptance by the City of ownership and maintenance of the right-of-way of those portions of Lincoln, Jefferson and Whatley Roads, and responsibility for providing emergency services in those areas. Country Club Acres east of Military Trail is an existing already built community that complies with the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. Based upon the above a positive finding with respect to traffic concurrency can be made. There will be a mutual agreement by the City and County pursuant to Section 335.0415, Florida Statutes (2004), for the transfer of the responsibility for operation and maintenance of the public right-of-way of those portions of Lincoln, Jefferson and Whatley Roads from Palm Beach County to the City of Delray Beach. In addition to the utilities that are being installed as part of the interlocal agreement roadway improvements consisting of drainage, road pavement, roadway trench repair, concrete driveway repair, landscape restoration and beautification, sidewalks installation, lighting and signage will be provided, with a preliminary cost estimated to be approximately $1,380.000 dollars. Financial Impacts - Effect upon Annexed Property: The following table (Table #1) depicts the current taxable value, the total County taxes and the tax difference upon annexation into the City for the subject properties: Planning and Zoning Board Meeting of 03/21/05: Staff Report Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions Page 5 Table # 1 NUMBER EXEMPTION VALUE 2004 TAXES I TAXES TAXES PlILLAGE I MI:"LAGE TAXES ! I 00424613010000031 25,000.00 25,275 00 498 06 234 00 732.06 19705719 23.774565 834 90 10284 00424613010000130 25,000.00 55,370 00 1 ,091 11 234.00 1,325 11 19705719 23.774565 1,550 40 225 29 00424613010000140 25,000 00 40,71500 802.32 234 00 1,036 32 19705719 23 774565 1,201 98 165.66 00424613010000150 25,000.00 83,55600 1,646 53 234.00 1,880 53 19705719 23.774565 2,22051 339 98 00424613010000161 0.00 29,16000 57462 33.00 607 62 19705719 23.774565 864 92 142.38 00424613020000190 000 117,697.00 2,31930 234 00 2,553.30 19.705719 23.774565 3,032.19 47889 00424613020000210 25,000 00 27,52800 542.46 234 00 776.46 19705719 23.774565 888 47 112.01 00424613030000480 25,000 00 35,22600 694.15 234 00 928.15 19.705719 23 774565 1,071.48 14333 00424613030000490 000 108,97500 2,147.43 234.00 2,381.43 19705719 23.774565 2,824.83 443 40 00424613030000511 25,000 00 48,863.00 962 88 234 00 1,196.88 19.705719 23 774565 1,395 70 198.82 00424613030000560 25,000.00 55,852 00 1,100.60 234.00 1,334 60 19705719 23.774565 1,561.86 227 25 00424613030000770 25,000.00 42,461.00 836 72 234.00 1,070 72 19.705719 23.774565 1,243.49 172 77 00424613030000780 000 119,43500 2,353 55 234 00 2,587.55 19705719 23774565 3,073 52 485 96 00424613030000810 25,000 00 66,41300 1,308.72 234 00 1,542.72 19705719 23774565 1,81294 270 22 00424613030001000 25,000 00 73,046 00 1 ,439.42 234 00 1,673.42 19705719 23.774565 1,97064 29721 00424613030000760 25,000.00 49,263.00 970 76 234 00 1,204.76 19.705719 23774565 1,405 21 200 44 00424613030000640 25,000 00 47,822.00 942 37 234 00 1,17637 19.705719 23 774565 1,370 95 194.58 00424613030000660 000 96,275.00 1,897 17 234 00 2,13117 19.705719 23774565 2,522 90 391.73 00424613010000120 25,00000 48,738.00 960 42 234 00 1,194.42 19.705719 23 774565 1,392 72 198.31 00424613030000820 25,000 00 90,524.00 1,78384 234 00 2,017.84 19.705719 23774565 2,38617 368 33 00424613030000500 000 121,67600 2,397 71 234.00 2,631 71 19 705719 23.774565 3,126.79 495.08 00424613010000022 000 88,75300 1,748.94 234 00 1,98294 19 705719 23.774565 2,344.06 361 12 00424613030000710 25,000 00 67,358.00 1 ,327 34 234 00 1,561.34 19 705719 23.774565 1,83541 274 07 00424613010000010 25,000 00 78,646 00 1,549 78 234 00 1,783.78 19705719 23.774565 2,10377 320 00 00424613030000750 000 88,41000 1,742.18 234 00 1,976.18 19705719 23774565 2,335.91 359 73 00424613030000700 25,000 00 51,821 00 1,021 17 234 00 1,255.17 19.705719 23 774565 1,466.02 210.85 00424613030000790 0.00 167,00700 3,290 99 234.00 3,524 99 19705719 23 774565 4,204.52 679.53 00424613030000721 25,00000 30,352.00 598 11 234 00 832.11 19.705719 23.774565 95561 123 50 00424613010000162 0.00 118,675 00 2,33858 234 00 2,572 58 19705719 23.774565 3,055.45 482 87 00424613020000310 25,000 00 26,347 00 519.19 234 00 753 19 19705719 23.774565 860 39 107 20 00424613030000880 25,000 00 45,91600 904.81 234.00 1,13881 19705719 23.774565 1,325.63 186 83 00424613020000391 25,000 00 58,842.00 1 ,159 52 234 00 1,393.52 19705719 23774565 1,632.94 239 42 00424613030000870 25,000 00 64,024.00 1,261 64 234 00 1,495.64 19705719 23 774565 1,756.14 260 50 00424613030001120 25,000.00 74,028.00 1,458 77 234.00 1,692.77 19705719 23.774565 1,993.98 301 21 00424613030001190 25,000.00 65,703 00 1,294.72 234 00 1,528 72 19705719 23.774565 1 ,796 06 267 34 00424613010000180 000 80,559 00 1,58747 234 00 1,821.47 19705719 23.774565 2,149.26 327 78 00424613010000021 000 92,95600 1,831.76 234 00 2,065.76 19705719 23 774565 2,443 99 378 22 00424613030000960 25,000.00 115,074.00 2,26762 234 00 2,501 62 19705719 23 774565 2,96983 468 22 00424613030000950 000 31,104.00 612.93 3300 645.93 19705719 23.774565 772.48 126 56 00424613030000530 000 29,16000 574.62 3300 607.62 19.705719 23.774565 726.27 11865 00424613030000890 000 31,10400 61293 3300 645 93 19705719 23774565 772 48 12656 00424613030001030 25,000 00 72,753.00 1 ,433 65 234 00 1,667 65 19.705719 23 774565 1,963 67 296 02 00424613030000940 000 116,027 00 2,28640 234 00 2,52040 19 705719 23774565 2,99249 472 10 00424613030001110 000 127,078.00 2,50416 234 00 2,738.16 19705719 23774565 3,255.22 517 06 00424613030000650 25,000 00 32,12100 632 97 234.00 866.97 19.705719 23 774565 997 66 130.70 00424613030000600 25,000.00 74,835 16 1,47468 234 00 1,70868 19.705719 23774565 2,011.05 304.13 TOTAL 675,000 00 3,212,523 16 63,305.08 9,960 00 73,265.08 19705719 23774565 86,47287 Planning and Zoning Board Meetmg of 03/21/05' Staff Report Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions Page 6 For the 2004 tax year the subject property (forty six parcels) had a combined taxable value of $3,212,434.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: ADVALOREM COUNTY COUNTY WITH CITY CITY TAXES TAXES MILLAGE ANNEXATION TAXES MILLAGE SECTION - 1 Children Service Council 2,22721 3 202280 DELETE 0.00 o 000000 Fire/Rescue MSTU 10,277 51 o 436500 DELETE 0.00 o 000000 Florida Inland Navegation 123 70 o 430000 DELETE 000 o 000000 Health Care District 3,503 65 0.690189 3,503 65 o 690189 Palm Beach County 14,455 89 1.230600 14,455 89 1 230600 Palm Beach County Debt 859 98 4.362354 859.98 4.499980 Palm Beach County Library 1,73569 0.186337 1,735.69 0186337 Palm Beach County Library Debt 1,71447 o 038490 1,71447 o 038490 Public Schools Debt Serv 88018 0.273986 880.18 o 273986 Public Schools Loc Board 8,326.55 2 592000 8,326 55 2 592000 Public Schools State Law 17,880.29 5 565993 17,88029 5 565993 SFWMD District 1,91781 o 597000 1,91781 o 597000 SFWMD Everglades Const 321 35 0.099990 321 35 o 099990 City of Delray Beach 7466100 Added (City) 23,984 35 7466100 City of Delray Beach Debt o 533900 Added (City) 1,71512 o 533900 SUB-TOTAL 64,224.28 19.705719 Difference* 77,295.33 23.774565 4.068780 * Total tax millage in the County is 19.705719 mills while in the City the total millage is 23.774565 mills. Therefore, the difference is 4.068780 mills. The current yearly ad valorem taxes for all properties is $62,224.28. With annexation the yearly ad valorem tax for all properties will be $77,295.33, (64,224.28+13,071.05=77,295.33); a tax difference of $13,071.33 (3,212.523.16x4.06878/1000=13,071.049). In addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. As the property has been developed or subdivided for residential purposes, an assessment of $40.50 per unit is applied. A 25% discount from the assessment is available since the property is within the Lake Worth Drainage District. Solid Waste Authority - The Military Trail annexation areas are serviced under a new contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) " if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchise may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". Thus, the waste service provider will not change with annexation. Planning and Zoning Board Meeting of 03/21/05: Staff Report Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions Page 7 Resulting Impacts to Property Owner: SUMMARY OF IMPACTS ON THE COUNTRY CLUB ACRES PROPERTY FINANCIAL CONSIDERATIONS AD VALOREM TAXES 2004 + $90 - $527 City Mills. County Mills 237745 - 19.7057 = 4.0687 NON AD VALOREM TAXES 2004 Stormwater Assessment (@ $40.50 per unit) $40.50 Solid Waste Collection $0.00 WATER & SEWER UTILITY FEES $0.00 ANNUAL FINANCIAL IMPACT: + $90 - $527 Water & sewer connection & meter installation fee per unit (one time fee) + $2,372.00 SERVICE CONSIDERATIONS Fire Response + Faster response from an estimated 5.5 minutes (County) to 2 5 minutes (City) Emergency Medical + Faster response from an estimated 5.5 Services (EMS) minutes (County) to 2 5 minutes (City) Police + Better response based upon more officers in field; 14 patroll cars per shift daytime, 15 patrol cars during the night. Code Enforcement + Pro-active vs reactive opportunity to work Fiscal Impacts to the City: At the 2003/2004 City operating milage of 7.46 mills and debt rate of 0.53 mills, the property will generate approximately $24,844.54 in new ad valorem taxes per year. Additional revenues will be realized through increased property values as a result of infrastructure improvements, building permit fees, the annual collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. POSITIVE FISCAL IMPACT TO THE CITY AD VALOREM TAXES 2004 City of Delray Beach (7 4661 Mills) 23,985.02 City of Delrav Beach Debt (0 5339 Mills) 1,715.17 SUB-TOTAL + $25,700.19 NON-AD VALOREM TAXES Storm Water Assessment (æI:! $40 50 per unit) $1,863.00 SUB-TOTAL (PER YEAR) + $27,56319 WATER & SEWER CONNECTION & METER INSTALLATION FEE Water\sewer connection & meter installation fee @ $2,372 p/unit (one tim' + 109,112.00 TOTAL + $136.675.19 NEGATIVE FISCAL IMPACT TO THE CITY Total Cost of Construction $1,380.000 (50 % County and 500/0 City) for: - Roadway restoration on Lincoln Road - Sewer for entire subdivision via gravity connections - Water extensions to include Lincoln Road and a portion of Whatlev Road, drainaae, sidewalks, fire hydrants, landscaDina, and - $690.000.00 TOTAL $690.000.00 SERVICE CONSIDERATIONS Fire Response + Faster response from an estimated 5 5 minutes (Countv) to 2 5 minutes (Cltv). Emergency Medical + Faster response from an estimated 5 5 Services (EMS) minutes (Countv) to 2.5 minutes (CltV). Police + Better response based upon more officers in field; 14 patroll cars per shift daytime, 15 patrol cars dUrlnQ the niaht. Code Enforcement + Pro-active vs reactive oODortunitv to work Planning and Zoning Board Meeting of 03/21/05: Staff Report Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions Page 8 REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(C)(4), the City Commission must make findings that the annexation is consistent with Objective B-3 of the Future Land Use Element, and complies with F .S. 171. As stated above, the subject property is located within a designated annexation area, Area D. Its annexation is consistent with the Objective B-3 of the Future Land Use Element. Also, the annexation complies with Florida State Statutes Section 171 as it pertains to annexations. REVIEW BY OTHERS I The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Palm Beach County Notice: On March 07, 2005 the Palm Beach County Planning Division was notified of the City's intent to annex this property. No response has been received yet. However, the County is a partner via the interlocal agreement to the annexation and related infrastructure improvements Lake Worth Drainaae District: On March 07, 2005, Lake Worth Drainage District was notified of the City's intent to annex this property. No objections have been received. IPARC Notice: Notice of the Future Land Use Amendment has also been provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: CJ Bill Rice, Sherwood Forest CJ Carolyn Zimmerman, President Council CJ Herbert Levine, Hamlet Residents Association CJ Jerry Franciosa, PROD (Progressive Residents of Delray) Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Plannrng and Zonrng Board Meeting of 03/21/05' Staff Report Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions Page 9 ASSESMENT AND CONCLUSION I Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its planning and service area. The City has a Low Density (LD) land use designation that allows for single family residential development with a density between zero and five units per acre. The Future Land Use amendment and rezoning of the subject property will follow this action with Comprehensive Plan Amendment 2005-1. The annexation will provide better Police, Fire, EMS and Code Enforcement services. The property will experience a slight increase in ad valorem taxes but this is more than offset with infrastructure improvements of approximately 1.3 million dollars. The City will receive additional revenue from property taxes, in addition to storm water assessment fees utility taxes, franchise fees, and licensing fees upon future development or property improvement. The total immediate revenue increase is approximately $24,844.54, a year. Infrastructure improvements will include water and sewage, drainage, road pavement, roadway trench repair, concrete driveway repair, landscape restoration, sidewalks, and lighting. Based upon the above, the proposed Annexation should be approved. ALTERNATIVE ACTIONS I A. Continue with direction. B. Move a recommendation of approval to the City Commission for the City initiated and voluntary annexation for the subject property (known as Country Club Acres), by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(C)(4) and 3.1.1 of the Land Development Regulations and complies with Florida Statutes Chapter 171. C. Move a recommendation of denial to the City Commission for the City initiated and voluntary annexation for the subject property (known as Country Club Acres), by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 24 5(C)(4) and 3.1.1 of the Land Development Regulations and does not comply with Florida Statutes Chapter 171. RECOMMENDED ACTION I Move a recommendation of approval to the City Commission for the City initiated and voluntary annexation for the subject property (known as Country Club Acres), by adopting the findmgs 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 Sections 2.4.5(C)(4) and 3.1.1 of the Land Development Regulations and complies with Florida Statutes Chapter 171. 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"<t "<t "<t "<t "<t "<t "<t "<t "<t "<t "<t "<t "<t "<t "<t a 'a a a a a a a a a a a a a 0 <C a a a a a a 0 a a a a a a a a TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DA~ MANAGER P~~ß go TOR OF PLANNING AND ZONING Rc6Ati.'e- lOR PLANNER MEETING OF APRIL 5, 2005 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS MODIFYING RM (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT DEVELOPMENT STANDARDS IN CONJUNCTION WITH THE IMPLEMENTATION OF THE SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN. ~ ~ I BACKGROUND On February 15, 2005, the City Commission adopted amendments to the Land Development Regulations to modify the RM (Medium Density Residential) zoning district regulations to implement the density provisions in the Workforce Housing Ordinance. This amendment included modifications to certain development standards so that 24 units per acre could be accommodated within the Southwest Neighborhood Overlay District. The standard RM zone district development standards are more suburban than urban in character, which could not accommodate the increases in density to achieve the desired type of workforce housing. Although the intent of these modifications was to allow for increased density in developments providing Workforce Housing, the specific language of the amendment failed to make this distinction. Therefore, as currently implemented, the new standards apply to all development within the Overlay District. The amendment, before the Commission at this time, is being proposed to correct this error by limiting the setback reductions/changes to developments providing workforce housing. Positive findings can be made with respect to LDR Section 2.4.5(M)(5), as the proposed text amendment will further the Goals, Objectives, and Policies of the Comprehensive Plan, and the Southwest Area Neighborhood Redevelopment Plan. Additional background and analysis of the text amendment are provided in the attached Planning and Zoning Board staff report. I PLANNING AND ZONING BOARD CONSIDERATION I The Planning and Zoning Board held a public hearing regarding this item at its meeting of March 21, 2005. The was no public input on the amendment. The Board voted 5-0 (Joseph Pike and Charles Walker absent), to recommend to the City Commission approval of the amendment as proposed by adopting the findings of fact and law contained in the staff report. ~ RECOMMENDED ACTION Move to approve the amendment to the Land Development Regulations Section 4.4.6 RM (Medium Density Residential) zoning district regulations by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on April 19, 2005. Attachments Proposed Ordinance & Planning & Zoning Board Staff Report of March 21, 2005 \ólb ORDINANCE NO. 20-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SUBSECTION 4.4.6(F), "DEVELOPMENT STANDARDS"; AND SUBSECTION 4.4.6(G), "SUPPLEMENTAL DISTRICT REGULATIONS," IN ORDER TO CLARIFY THAT CERTAIN PROVISIONS OF THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT ONLY APPLY TO DUPLEX AND MULTI-FAMILY DEVELOPMENT THAT CONTAINS A COMPONENT OF WORKFORCE HOUSING AS PROVIDED BY ARTICLE 4.7; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on March 21, 2005, and voted 2.... to ....Q... to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.6, "Medium Density Residential District", Subsection 4.4.6 (F), "Development Standards," 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: (F) Development Standards: (1) The provisions for the R-1-A District shall apply for single family detached dwellings. (2) The development standards as set forth in Section 4.3.4 shall apply for duplex and multi-family development, except as modified herein. (3) Southwest Neighborhood Overlay District Development Standards: The following development standards apply to duplex and multi-family development in the Southwest Neighborhood Overlay District as defined in Section 4.5.9, which is beinq developed pursuant to requlations set forth in Article 4.7," "FamilylWorkforce Housinq": (a) Setbacks: (I) Front: (II) Side (Street): (iii) Side (Interior): 1 and 2 story 3 story 15' 15' 10' 15' 10' (iv) Rear: (b) Setbacks for Garages, Carports and Porte-Cocheres: Garages, carports and porte-cocheres must have a minimum 20' setback when the entrance faces a public street or alley. (c) Porch Encroachments: Front porches may extend 5' into the front or side street setback and cannot occupy more than 50% of the building frontage and cannot be enclosed in any manner. Section 3. That Section 4.4.6, "Medium Density Residential District", Subsection 4.4.6 (G), "Supplemental District 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: (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the RM zone district. 2 (1) Southwest Neighborhood Overlay District: The following supplemental district regulations shall apply to duplex and multi-familv development in the Southwest Neighborhood Overlay District as defined in Section 4.5.9, which is beinq developed pursuant to requlations set forth in Article 4.7," "Familv/Workforce Housinq": (a) Parking in the front yard is discouraged. No parking shall be allowed in the front yard unless there is no dedicated access to the side or rear of the property. (b) When garages are provided in the side or rear yards, on-street parking must be provided. Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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 3 OElR",~ R~".,(H ......~ ;'iil: l'):.Ji /001 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT DELR....V 8E",CH ~ ;"iiP 1'fJj )llJï MEETING OF: L MARCH 21, 2005 IV.H CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.6 RM (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT REGULATIONS MODIFYING THE DEVELOPMENT STANDARDS IN CONJUNCTION WITH THE IMPLEMENTATION OF THE SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN. ITEM BEFORE THE BOARD I AGENDA ITEM: --._- -- - - -- - --- - - - - - --- The item before the Board is that of making a recommendation to the City Commission regarding a city-initiated amendment to the Land Development Regulations Section 4.4.6 RM (Medium Density Residential) zoning district regulations modifying the development standards in conjunction with the implementation of the Southwest Area Neighborhood Redevelopment Plan, pursuant to LOR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND I ANALYSIS - ------~ -..--- ---_.. - ---.- ----- Background: At its meeting of December 6, 2004, the City Commission adopted the FamilylWorkforce Housing ordinance. The ordinance includes the creation of three overlay districts in which density bonuses are awarded for the provision of workforce housing. The three districts include the Southwest Neighborhood Overlay District, Southwest 10th Street Overlay District, and Carver Estates Overlay District. The goal of each of the Districts is to provide opportunities for existing residents to remain in the area and assure that as development occurs an affordable workforce housing component is included. In the Southwest Neighborhood Overlay District, the density bonus program would allow additional density above 12 units to the acre to a maximum of 24 units per acre, as a conditional use based upon provision of workforce housing units. Within the Carver Estates and Southwest 10th Street Overlay Districts, a maximum of 12 units per acre is allowed where developments substantially meet the existing performance standards as well as provide a minimum of 20% workforce housing units. Per the adopted FamilylWorkforce Housing Ordinance, the workforce housing units are to be compatible in exterior design, appearance, construction and quality of materials and contain comparable HV AC systems and appliances as the proposed market units. Planning & Zoning Board Memorandum Staff Report LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District Page 2 On February 15, 2005, the City Commission adopted amendments to the Land Development Regulations to modify the RM (Medium Density Residential) zoning district regulations to implement the density provisions in the Workforce Housing Ordinance. This amendment included modifications to certain development standards so that 24 units per acre could be accommodated within the Southwest Neighborhood Overlay District. The standard RM zone district development standards are more suburban than urban in character, which could not accommodate the increases in density to achieve the desired type of workforce housing. Although the intent of these modifications was to allow for increased density in developments providing Workforce Housing, the specific language of the amendment failed to make this distinction. Therefore, as currently implemented, the new standards apply to all development within the Overlay District. The amendment, before the Board at this time, is being proposed to correct this error by limiting the setback reductions/changes to developments providing workforce housing. 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. A review of the goals, objectives and policies of the City's Comprehensive Plan were conducted and the proposed amendment furthers the following policy as well as the adopted Southwest Area Neighborhood Redevelopment Plan. Future Land Use Element Policy C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic A venue on the north, SW 1dh Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. L_____ .__.____ __..---B.EVIEW BY. OTHERS _ --._- -- - - Community Redevelopment Agency At its meeting of March 10, 2005, the CRA Board reviewed and recommended approval of the proposed text LDR amendment. Planning & Zoning Board Memorandum Staff Report LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District Page 3 West Atlantic Redevelopment Coalition (WARC) The proposed amendment will be presented to W ARC at its April 13, 2005 meeting. The Board's recommendation will be forwarded to the City Commission before second reading of the Ordinance. 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. [___ _ __ _ _ _ __.AL!ERN~TIV~~CTION~__ , -----------. 1. Continue with direction. 2. Move to recommend to the City Commission approval of the attached amendment to the Land Development Regulations Section 4.4.6 RM (Medium Density Residential) zoning district regulations by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M} of the Land Development Regulations. 3. Move to recommend to the City Commission denial of the attached amendment to the Land Development Regulations Section 4.4.6 RM (Medium Density Residential) zoning district regulations by adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M} of the Land Development Regulations. RECOMMENDATION -, "__n_ -.------------------ Move to recommend to the City Commission approval of the attached amendment to the Land Development Regulations Section 4.4.6 RM (Medium Density Residential) zoning district regulations by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: Proposed Ordinance \\carolina\departments\planning & zonmg\boards\p&z board\1drrmswoverlay correction. doc J TO: THRU: FROM: SUBJECT: ~ , CITY COMMISSION DOCUMENTATION DAVID 1'.~DEN, ITY ANAGER y~ ' PAUL DORLlNG, DIRECT OF PLANNING AND ZONING JEFFREY A. COSTELLO, ASSISTANT DIRECTOR OF PLAN MEETING OF APRIL 5, 2005 CITY-INITIATED CORRECTIVE FUTURE LAND USE MAP AMENDMENT FROM CF (COMMUNITY FACILITIES) AND LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC), IN PART, TO LD AND REZONING FROM CF (COMMUNITY FACILITIES) TO R-1-AA (SINGLE FAMILY RESIDENTIAL) FOR PROPERTIES GENERALLY LOCATED ON THE WEST SIDE OF S.E. 7TH AVENUE, APPROXIMATELY 145 FEET SOUTH OF S.E. 2ND STREET. J BACKGROUND The proposed FLUM amendment and rezoning involves three properties totaling 0.42 acres within the Marina Historic District. The properties consist of the North 10 feet of Lot 18 and Lots 19, 20 and 21 (less the east 20 feet for S.E ih Avenue right-of-way) Gracey-Byrd Subdivision. Each property contains a single family residence, which is at least 40 years old. The existing FLUM designation of CF (Community Facilities) and zoning of CF are inappropriate for the property given the existing use of the properties. The FLUM amendment and rezoning will correct a mapping error and result in FLUM and zoning consistency for the properties. No new development or redevelopment is proposed as part of this request. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Sections 3.1.1, 3.2.2, and 2.4 5(0) of the Land Development Regulations. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of March 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request There was no public testimony regarding the proposal. After reviewing the staff report and discussing the proposal, the Board voted 5-0 (Pike & Walker absent) to recommend to the City Commission approval of the corrective Future Land Use Map amendment and rezoning, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development Regulations. RECOMMENDED ACTION Move approval of the corrective Future Land Use Map amendment from CF and LD, in part, to LD and rezoning from CF to R-1-AA, by adopting the findings offact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development Regulations, with second reading to occur on April 19, 2005. Attachments' Proposed Ordinance & Planning and Zoning Board Staff Report of March 21, 2005 \~E ORDINANCE NO. 13-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM CF (COMMUNITY FACILITIES) IN PART AND LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC) IN PART TO LD (LOW DENSITY RESIDENTIAL 0-5 DU/ AC), AND REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT TO R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF SE 7TH AVENUE, APPROXIMATELY 145 FEET SOUTH OF SE 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, JULY 2004; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is designated on the Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as CF (Community Facilities) in part and LD (Low Density Residential 0-5 du/ac) in part; and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated July 2004, as being zoned CF (Community Facilities); and WHEREAS, at its meeting of March 21,2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to o to recommend approval of the small scale FLUM and that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be amended to reflect the revised land use designation ofLD (Low Density Residential 0-5du/ac); and WHEREAS, it is appropriate that the Zoning District Map of the City of Dekay Beach, Florida, dated July 2004, be amended to reflect the revised zoning classification ofR-l-AA (Single Family Residential); and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has detennined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the legal description of the subject property is as follows: The North 10ft of Lot 18 (less the East 20 ft for S.E. 7th Avenue Right-of-way) and Lots 19 thru 21 (less the East 20 ft for S.E. 7th Avenue Right-of-way), Gracey-Byrd Subdivision of Block 119, City of Delray, as recorded in Plat Book 10, Page 52 ofthe Public Records of Palm Beach County, Florida. Section 3. That the Future Land Use Map designation for the subject property in the Comprehensive Plan is hereby changed from CF (Community Facilities) in part and LD (Low Density Residential 0-5 dulac) in part, to LD (Low Density Residential 0-5 dulac). Section 4. That the Zoning District Map of the City of Delray Beach, Florida, dated July 2004, is hereby changed from CF (Community Facilities) District toR-l-AA (Single Family Residential) District. Section 5. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 6. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, dated July 2004 to conform with the provisions of Section 4 hereof. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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. 2 ORD NO. Section 9. That this ordinance shall become effective thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,200_ ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owners.......................... . . . . . . Applicant! Agent............. . . . . . . Location........................ . . . . . . Property Size....................... Future Land Use Map.......... Current Zoning.................... Proposed FLUM.................. Proposed Zoning............... Adjacent Zoning....North: East: South: West: Existing Land Use............... Proposed Land Use............. Water Service......... .......... Sewer Service................... March 21, 2005 IV.C. City Initiated Corrective Future Land Use Map Amendment From CF (Community Facilities) In Part and LD (Low Density Residential 0-5 du/ac) In Part To LD (Low Density Residential 0-5 du/ac) and Rezoning From CF (Community Facilities¡ To R-1-AA (Single Family Residential) for Properties Located on the West Side of SE 7 Avenue, Approximately 145' South of SE 2nd Street (Quasi-Judicial Hearing). Robert W. & Gloria K. Spicer David W. & Joy M. Homan David M. & Susan R. Yeager City of Delray Beach West side of SE ih Avenue, approximately 150 feet south of SE 2nd Street. 0.42 acres CF (Community Facilities) CF LD (Low Density residential 0-5 du/ac) R-1-AA (Single Family Residential) CF R-1-AA R-1-AA CBD (Central Business District) Three (3) single family homes. Same as existing Existing on Site. Existing on Site. -- ~ -~- - < <f-- --j!: I---- f-- 1Ç~ II I' ~IOJJ T --JJCz I : ¡ I z -L ATLANTIC AVENUE TI!ì rTmTì ([[]I IT T;lTrt"" ¡ I' 'I I ~~ lili!I!::>1111 ~~== =--=.= - - =.= -- :; -->~~ = . - ¡J ~ 3-,'----1 f--> ~«------!.- SE 1ST Ë<- ST ~ =iJ F-----, ~ ---"-'- (" -- FIDEUTY _ ¡ I' FEDERAL BANK r-'--- i!= ! ¡-__It: _ d - -~ - 1---: >- =~= ui I~II : - s~ 2ND ST::: ! ~ ê ~;Bi__"; I =-~:= g == r-; ~. ~" f -- § 0 ~ ~ ; --~ ~I.~~ - - - --- = -- " -r-- C : '~ DÎIJ OOª '§J¡ ! J~ i ¡§ SE~ ST A TLANnC ! VET£.i?ANS : PARK PLAZA I ------j - -----; ~ ~ - ~ I--- I--- N --- ~ i IV. C. CITY COMMISSION DOCUMENTATION ~ I TO: THRU: FROM: SUBJECT: DAVID 1.~DEN, ITY ANAGER y~ ' PAUL DORLlNG, DIRECT OF PLANNING AND ZONING JEFFREY A. COSTELLO, ASSISTANT DIRECTOR OF PLAN MEETING OF APRIL 5, 2005 CITY-INITIATED CORRECTIVE FUTURE LAND USE MAP AMENDMENT FROM CF (COMMUNITY FACILITIES) AND LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC), IN PART, TO LD AND REZONING FROM CF (COMMUNITY FACILITIES) TO R-1-AA (SINGLE FAMILY RESIDENTIAL) FOR PROPERTIES GENERALLY LOCATED ON THE WEST SIDE OF S.E. 7TH AVENUE, APPROXIMATELY 145 FEET SOUTH OF S.E. 2ND STREET. ~i BACKGROUND The proposed FLUM amendment and rezoning involves three properties totaling 0.42 acres within the Marina Historic District. The properties consist of the North 10 feet of Lot 18 and Lots 19, 20 and 21 (less the east 20 feet for S.E. 7th Avenue right-of-way) Gracey-Byrd Subdivision. Each property contains a single family residence, which is at least 40 years old. The existing FLUM designation of CF (Community Facilities) and zoning of CF are inappropriate for the property given the existing use of the properties. The FLUM amendment and rezoning will correct a mapping error and result in FLUM and zoning consistency for the properties. No new development or redevelopment IS proposed as part of this request. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Sections 3.1.1, 3.2.2, and 2.4.5(D) of the Land Development Regulations. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. I PLANNING AND ZONING BOARD CONSIDERATION At its meeting of March 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony regarding the proposal. After reviewing the staff report and discussing the proposal, the Board voted 5-0 (Pike & Walker absent) to recommend to the City Commission approval of the corrective Future Land Use Map amendment and rezoning, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth In Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. RECOMMENDED ACTION Move approval of the corrective Future Land Use Map amendment from CF and LD, in part, to LD and rezoning from CF to R-1-AA, by adopting the findings offact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations, with second reading to occur on April 19, 2005. Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of March 21, 2005 \¿j.,E ITEM BEFORE THE BOARD The action before the Board is making a recommendation to the City Commission on a City initiated corrective Small-scale Future Land Use Map (FLUM) amendment from CF (Community Facilities) and LD (Low Density Residential 0-5 du/ac), in part, to LD (Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential) for 214,218 & 222 SE 7th Avenue. Pursuant to LOR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map and rezoning of land. BACKGROUND The proposed FLUM amendment and rezoning involves three properties totaling 0.42 acres within the Marina Historic District. The properties are generally located on the west side of S.E. ¡th Avenue, approximately 150 feet south of S.E. 2nd Street. The properties consist of the North 10 feet of Lot 18, Lots 19, 20 and 21 (less the east 20 feet for S.E. ¡th Avenue right-of- way) Gracey-Byrd Subdivision. The properties contain the following: 214 SE ih Avenue: Existing 1,038 sq.ft. single family dwelling constructed in 1922 in the Frame Vernacular architectural style. Existing 2,374 sq. ft. single family dwelling constructed in 1959. Existing 1,491 sq.ft. single family dwelling constructed in 1937 in the Frame Vernacular architectural style. 218 SE 7th A venue: 222 SE ih Avenue: With the adoption of the City's Comprehensive Plan and Future Land Use Map (FLUM) in November 1989, the FLUM designation was changed from Low Density Residential 0-5 du/ac to Community Facilities - Church in conjunction with the adjacent First Church of Christ Scientist property. Subsequently, with the Citywide rezoning and adoption of the Land Development Regulations in October 1990, the property was rezoned from R-1-AA (Single Family Residential) to CF (Community Facilities). It is noted the CF FLUM designation suffixes were eliminated as part of the City's annual Comprehensive Plan Amendment 2004- 2. The properties have been in private ownership for many years and recently there have been a number of inquiries regarding the properties which brought the FLUM and zoning inconsistencies to light. FUTURE lAND USE MAP AMENDMENT ANA lYSIS Florida Statutes 163.31873 - Small Scale land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development P & Z Board Staff Re~ort 214,218 & 222 SE 7' Ave - Corrective FLUM Amendment and Rezoning Page 2 activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: o The amendment does not exceed 10 acres of land; o The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; o The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; o That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre; o The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity; and, o The property that is the subject of a proposed amendment is not located within an area of critical state concern. The Future Land Use Map amendment involves a 0.42-acre area, thus the total area is less than the 10 acre maximum. The proposed amendment to LD (Low Density Residential - 0-5 du/ac) is less than the maximum 10 dwelling unit per acre limit set for residential amendments. The property is not located within a designated redevelopment, urban infill, downtown revitalization, or traffic concurrency exception area. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 acres. The property has not previously been considered for a land use amendment nor has the same property owner's properties, within 200 feet, been granted a land use change, within the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical state concern. Pursuant to land Development Regulation Section 3.1.1 (A) (Future land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future land Use Map. The current CF zoning and CF Future Land Use Map designation do not allow the existing single family residences. The Future Land Use Map amendment and rezoning is being sought to eliminate an existing inconsistency. REQUIRED FINDINGS: Future land Use Element Policy A-1.7: Amendments to the Future land Use Map must be based upon the following findings: P & Z Board Staff Re~ort 214,218 & 222 SE t Ave - Corrective FLUM Amendment and Rezoning Page 3 o Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FlUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FlUM designations of Conservation or Recreation and Open Space. The current FLUM designation of CF is inconsistent with the existing use on the property. This corrective amendment will apply a Future Land Use Map designation of LD (Low Density Residential 0-5 du/ac) to the properties reflecting their existing use which has continued for over 40 years. Thus, the amendment will eliminate an inconsistency and correct a mapping error. o Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed FLUM amendment to LD is corrective in nature and eliminates the inconsistency between the FLUM designation and use of the property. o Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed rezoning and FLUM change is corrective, in nature and no new development or redevelopment is proposed with the request. Thus, the request will have no impact with respect to Concurrency. o Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The requested designation of LD will be consistent with adjacent land use designations to the east and south, and will accommodate the existing use of the properties. Since no development changes are proposed and the current uses have existed for over 40 years, no compatibility concerns are noted with the adjacent single family residences and church use to the north. o Compliance -- Development under the requested designation will comply with the provisions and requirements of the land Development Regulations. The subject property is developed and no additional improvements are proposed with this request. A review of the applicable Comprehensive Plan Policies was undertaken and the following applicable policy was identified. Coastal Management Element Policy C-3.2 - There shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system P & Z Board Staff Re~ort 214,218 & 222 SE 7' Ave - Corrective FLUM Amendment and Rezoning Page 4 The proposed FLUM amendment will not change the intensity of land uses as there are no changes proposed in the current uses on the site. It is noted the intensity of uses allowed under the LD FLUM designation are equal to or less intense than those allowed under the CF FLUM designation. ZONING ANALYSIS REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the Future land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. Future land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D)(5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Section 3.2.2 (Standards for Rezonina Actions): Standard Band C are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The surrounding residential area has been identified as stable on the Residential Neighborhood Categorization Map. The adjacent residential properties south of SE 2nd Street are zoned R-1-AA (Single Family Residential), which is the zoning classification that has been applied to the properties for over 40 years. The R-1-AA zoning district existed on the subject properties prior to 1990. While the City-initiated rezoning request is to a designation other than identified in the above policy, the proposed R-1- AA zoning is appropriate and is the most restrictive given the existing development P & Z Board Staff Re~ort 214,218 & 222 SE t Ave - Corrective FLUM Amendment and Rezoning Page 5 pattern and typical lot sizes south of SE 2nd Street as well as the fact the subject properties were previously zoned R-1-AA. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The property is surrounded by the following zoning districts: to the north is zoned CF; to the east and south are zoned R-1-AA; and, to the west is zoned CBD (Central Business District). The existing land uses are: a church (First Church of Christ Scientist) to the north; single family residences to the east and south; and retail (Discount Auto Parts) and auto repair (Firestone Center - nonconforming use) to the west. The zoning action is corrective, and will result in the application of an appropriate zoning classification which is consistent with the zoning designation of the adjacent residential properties. The residential properties are separated from the commercial properties to the west by an improved alley. With the redevelopment of the commercial properties to the west, there are regulations that exist to mitigate any potential adverse impacts to the residential properties. This single family uses have existed on the properties for over 40 years and no new development is proposed. (E) Remaining, isolated infill lots within the coastal planning area shall be developed under zoning which is identical or similar to the zoning of adjacent properties; and, the resulting development shall be of a design and intensity which is similar to the adjacent development. The subject properties have been developed in a manner consistent with the adjacent R-1-AA zoning and has a similar design and intensity of the adjacent properties. Based upon the above, positive findings can be made with respect to the applicable performance standards. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. P & Z Board Staff Rer0rt 214,218 & 222 SE i Ave - Corrective FLUM Amendment and Rezoning Page 6 The reason for the rezoning is "a". The zoning change in 1990 was established in error as the properties contained single family residences and were not owned or aggregated as part of the adjacent church property. This corrective rezoning will result in the assigning of an appropriate classification for the existing uses as well as achieve consistency with respect to the use of the land. REVIEW BY OTHERS The development proposal is not located within the geographical area requiring review by the DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Historic Preservation Board At its meeting of March 16, 2005, the Historic Preservation Board reviewed and recommended approval of the proposed Future Land Use Map amendment and Rezoning requests. Courtesy Notices: A special courtesy notice was provided to the following Homeowners and Civic Associations: · Marina Historic District Association · PROD (Progressive Residents of Delray) · President's Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The existing FLUM designation of CF (Community Facilities) and zoning of CF are inappropriate for the property given the existing use of the property. The FLUM amendment and rezoning will correct a mapping error and result in FLUM and zoning consistency for the properties. The residential uses on the property have existed at this site for many years and will not be affected by the proposed changes. No new development or redevelopment is proposed as part of this request. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Sections 3.1.1, 3.2.2, and 2.4.5{D) of the Land Development Regulations. ALTERNATIVE ACTIONS A. Continue with direction. P & Z Board Staff Re~ort 214,218 & 222 SE t Ave - Corrective FLUM Amendment and Rezoning Page 7 B. Move a recommendation of approval to the City Commission for the corrective Future Land Use Map amendment from CF and LD, in part, to LD and rezoning from CF to R-1-AA for 214, 218 & 222 SE 7th Avenue by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the corrective Future Land Use Map amendment from CF and LD, in part, to LD and rezoning from CF to R- 1-AA for 214, 218 & 222 SE 7th Avenue by adopting the findings of fact and law contained in the staff report, and a finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development Regulations. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission for the corrective Future Land Use Map amendment from CF and LD, in part, to LD and rezoning from CF to R-1-AA for 214,218 & 222 SE 7th Avenue by adopting the findings offact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development Regulations. Attachments: Future Land Use Map & Zoning Map I I' I - e-- . _ _ .- - , ~ w ~ (_ r: ~== - W A TLANTlC VETERANS r-2 § - -- ~ -=- ~~ == = ~ PLAZA PARK à ¿¡ -- ~ i!= --i!=- f---~ .....Q I v It) _U)-~I'- - t/rTTTTlw~. -ì 1'== -'" --1LLLllliLJz~~ ! 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' i I ¡ I I 'j, ~ _ ST, ~\¡,l~l W N - /J) ~ ,I I WA TERWA YEAST COMMERCIAL CONDO l 1>- « $ CJ:: ~I I HA~~~UR /1 I CONDO h I MIRA~AR : I I ;z « --l O:c « LL u « ~ - UJ I- « $ t- I I I~ I ING~AHAM -l- - , SEAGA TE TOWERS -.J « I I- if, I~ ,- « c I-~ I===~ u ~z « -'5' ~ CJ:: l- f------ ;z - f------- L- ........ CA ~p EXISTING ZONING MAP - 5 _ ~§irl L..:..K.LJ ST ~ ~IIII"Q ..~ ~ z ~_ :)- ô 0_ ,..... ŒI- .... :I:= ;;;;;;...:;;;;; =j!: ¡.;...:=; r-I :=; 0::: ô= L-J =0 V'I= ~'-- =z - I~- = !== = r== = CITY OF DELRA Y BEACH FL PLANNING & ZONING DEPARTMENT REZONING FROM CF (COMMUNITY FACILITIES) TO R-l-M (SINGLE FAMILY RESIDENTIAL) -- DIGITAL BASE MAP SYSTEM -- MAP REF LM822 ---- [IT' DF DELIA' BEA[H CITY AnORNEY'S OFFICE DELRA Y BEACH b:ä:d AIoAmerlca City ~ II ,!, 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090· FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7090 MEMORANDUM DATE: January 31, 2005 TO: City Commission David T. Harden, City Manager ¥ß FROM: Terrill Barton, Assistant City Attorney SUBJECT: Noise Ordinance . Attached is a proposed ordinance amending the City's current noise ordinance in order to update the zoning districts referenced throughout the ordinance. Please place this ordinance on the next available agenda for first reading. Thank you. TCB:smk Attachment \;tG ok tJM ORDINANCE NO.a\ -05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL REGULATIONS", BY AMENDING CHAPTER 99, "NOISE CONTROL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE AN UPDATED NOISE CONTROL ORDINANCE REFERENCING CURRENT ZONING DISTRICTS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, unreasonably loud and raucous noise can have adverse effects on the health of residents in the community; and WHEREAS, citizens desire protection from uninvited noise in their homes which disturbs family privacy and domestic tranquility; and WHEREAS, the City of Delray Beach seeks to prohibit unreasonable and disruptive noise, including the kind and degree of sound amplification that is clearly incompatible with the normal activities of certain locations at certain times; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide its citizens with an up-to-date noise control ordinance that is applicable to the City's current zoning districts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA: Section 1. That Title 9, "General Regulations", Chapter 99, "Noise Control", Section 99.02, "Definitions", is hereby amended to read as follows: Section 99.02 Definitions. (A) For the purpose of this Chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning: (B) All terminology as used in this Article, and not otherwise defined below, shall be in conformance with the applicable publications of the American National Standards Institute (ANSI) or its successor body. A-weighed sound level. The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA. Commercial area. All th3t are3 10C3ted in the following: For purposes of this ordinance onlv. commercial area shall include the followinQ non-residential and non- industrial zoning districts: (1) Neighborhood Commercial Di~trict (NC); (2) Community Commerci31 Di~trict (CC) Planned Commercial (PC); (3) General Commercial Di~trict (GC); (4) Specializod Commercial Di~trict (SC) Automotive Commercial (AC); (5) Central Business District (CBD); aRG (6) Limited Commercial District (LC) Central Business District - Rail Corridor (CBD-RC); (7) Residential Office (RO); (8) Old School Square Historic Arts District (aSS HAD); (9) Professional Office District (POD); (10) Planned Office Center (P~C); (11) Special Activities District (SAD); and (12) ResortlTourism (RT). Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property. Day-night average sound level (Ldn). The 24-hour energy of the A-weighted sound pressure level, with the levels during the period 10:00 p.m. through 7:00 a.m. the following day increased by ten (10) dBA before averaging. Decibel (dB). A unit for measuring the volume of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is (20 micropascals twenty (20) micronewtons per square meter). Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property. 2 ORD. NO. Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action. Emergency work. Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. Environmental protection officer/noise control officer (EPO/NCO). The City Manager or his designated agent, who shall have the lead responsibility for this Chapter. Equivalent A-weighted sound level (Leg). The constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A- weighted sound. For the purposes of this Chapter, a time period of twenty-four (24) hours shall be used, unless otherwise specified. Impulsive sound. Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts and the discharge of firearms. Industrial area. All that area located in the following zoning districts: (1) Light Industrial District (LI); (2) Medium Industrial District (MI) Mixed Industrial and Commercial (MIC); (3) Industrial (I): and (4) Planned Commerce Center (PCC). LSD. The sound level exceeded one-half the time for the duration of the measurement period. Motor carrier vehicle engaged in interstate commerce. Any vehicle for which regulations apply pursuant to Section eighteen (18) of the Federal Noise Control Act 1972 (P.L. 92-574), as amended, pertaining to motor carriers engaged in interstate commerce. Motor vehicle. Any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies or racing vehicles, but not including motorcycles. Motorboat. Any vessel which operates on water and which is propelled by a motor, including, but not limited to, boats, barges, amphibious craft, water-ski towing devices and hover craft. 3 ORD. NO. Motorcycle. An unenclosed motor vehicle having a saddle for the use of the operator and two (2) or three (3) wheels in contact with the ground, including, but not limited to, motor scooters and minibikes. Muffler or sound dissipative device. A device for abating the sound of escaping gasses of an internal combustion engine. Noise. Any sound which annoys or disturbs humans or which causes or tends to cause adverse psychological or physiological effect on humans. Noise disturbance. Any sound which: (1) Endangers or injures the safety or health of humans or animals; or (2) Endangers or injures personal or real property. Person. Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of a State or any political subdivision of a State. Powered model vehicle. Any self-propelled airborne, waterborne or land borne plane, vessel or vehicle which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket. Public right-of-way. Any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity. Public space. Any real property or structures thereon which are owned or controlled by a governmental entity. Pure tone. Any sound which can be distinctly heard as a single pitch or as a set of single pitches. For the purposes of this Chapter, a pure tone shall exist if the 1-2-octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous 1-2-octave bands by five-decibel dB for center frequencies of five hundred (500) Hz and above and by eight-decibel dB for center frequencies between sixty (60) and four hundred (400) Hz and by 15-decibel dB for center frequencies less than or equal to 125 Hz. Real property boundary. An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person. 4 ORD. NO. -- Residential area. J\II that area located in the follm':ing For purposes of this ordinance onlv. residential area shall include the followinq zoning districts: (1 ) R-1-AAA; (2) R-1-AAA-B; (3) R-1-AA; (4) R-1-AA-B; (5) R-1-A; (6) R-1-A-B; (7) RM-ê RM' -' (8) RM 10 RR; (9) RM 15 A; (10) PRO '1 PRO; (11 ) PRO 7 MH; aRå (12) PRO 10 RL-: (13) Community Facilities (CF); (14) Open Space (OS): (15) Open Space & Recreation (OSR); and (16) Conservation District (CD). RMS sound pressure. The square root of the time average square of the sound pressure-denoted Prms. Sound. An oscillation pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of that sound, including duration, intensity and frequency. 5 ORD. NO. Sound level. The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, 8 or C as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-1971 or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply. Sound level meter. An instrument comprising a microphone, amplifier and output meter, and frequency-weighting networks, that is used for the measurement of sound levels in a specified manner. Sound pressure. A measure of sound power, usually given in dynes per square centimeter. Sound pressure level (in decibels). Twenty times the logarithm to the base of ten (10) of the ratio of the pressure of the sound being measured to a reference sound pressure of twenty (20) micronewtons-m2 or 0.0002 microbars. Sound reproduction device. A device intended primarily for the production or reproduction of sound including, but not limited to, any musical instrument, radio receiver, television receiver, tape recorder, phonograph or sound amplifying system. Sound signal device. A device designed to produce a sound signal when operated, including, but not limited to, any klaxon, airhorn, whistle, bell, gong, siren, but not an emergency signal device. Warning device. Sound emitting devices used to alert and warn people. Section 2. That Section 99.05, Subsection (A), "Sound Levels by Receiving Land Use" shall be amended to read as follows: Sec. 99.05. SOUND LEVELS BY RECEIVING LAND USE. Maximum Permissible Sound Levels by Receiving Land Use. No person shall operate or cause to be operated a source of sound as defined in Section 99.04 in a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in subsection (A), (8) and (C) below, when measured on or within the property boundary of the receiving land use and in the manner specified in the Code of Recommended Practices, which is incorporated herein by reference. 6 ORD. NO. ~-- (A) Sound Levels by Receiving Land Use. Receiving Land Use Time L50 Sound Level Limit, Decibel Exterior Interior Residential Area R 1 ,^J\.^. R 1,^A^. B R 1/'.1\ R 1/V\ B R4A R 1AB RM-ê RM 10 RM 15 PRO 4 PRO 7 PRO 10 SAO (residential only) Commercial Area NG GG SG GOO bG S/\O (nonresidontial only) Industrial Area y Ml 7:00 a.m. through 10:00 p.m. 10:00 p.m. through 7:00 a.m. 60 55 45 45 At all times 65 45 At all times 75 45 Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. 7 ORO. NO. ---....... 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.