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05-03-05 Agenda Reg City of Delray Beach ~ Regular Commission Meeting I =::::J RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday. May 3.2005 and the right to limit discussion rests with the Commission. Generany, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this Commission Chambers Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW lstAvenue Dekay Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an mdividual Wlth a disability an opportumty to particIpate m and enjoy the benefits of a service, Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243- Fax: (561) 243-3774 7127,24 hours pnor to the event in order for the City to accommodate your request. Adaptive listerung 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: . April 19, 2005 - Regular Meeting 6. PROCLAMATIONS: A. Drive to Support the Arts Month - May 2005 B. National Preservation Month - May 2005 C. Neurofibromatosis Awareness Month - May 2005 7. PRESENTATIONS: A. 16th Annual Delaire/Delray Citizens for Delray Police - Charity Golf Tournament - Perry DonFrancisco B. Police Department's Youth Vocational Charter School Presentation - First Presbyterian Church 8. CONSENT AGENDA: City Manager Recommends Approval. A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of April 21, 2005. B. RIGHT OF ENTRY AGREEMENTS AND EASEMENT DEEDS/HIGH POINT: Approve and accept right of entry agreements and easement deeds to allow the City to go onto certain common areas of High Point West, Sections 2 and 3 to install a water main to increase the fire flow capacity. C. SPECIAL EVENT REQUEST /4th OF JULY: Approve a special event request for the 4th of July Celebration event to be held from noon until 12:00 midnight, including a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from the east side of N.E./S.E. 6th Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard, waiver of City Ordinances 101.25 and 101.32 to allow assembly on the beach and vendors on AlA; and to allow all beach parking lots to remain open until midnight, staff support for security and traffic control, street barricading, banner hanging, stage set up/use, and clean up/trash removal. 05-03-2005 - 2 - ----- D. SPECIAL EVENT REOUEST /HOWARD ALAN 11TH ANNUAL DELRAY BEACH CRAFT FESTIVAL: Approve a special event request for the 11 th annual Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. until 5:00 p.m. on September 24 and September 25, 2005, granting a temporary use permit per LDR Section 2.4.6(H) for the closure of N.E./S.E. 4th Avenue, two blocks south of Adantic Avenue, and the Vittorio's parking lot for vendor parking, and authorize staff support for police security with the sponsor paying all overtime costs; contingent upon receipt of certificate of liability insurance. E. SPECIAL EVENT REOUEST /2005 EXCLUSIVE SPORTS MARKETING VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2005 Exclusive Sports Marketing Volleyball Tournament to be held at the municipal beach on June 11 and 12,2005. F. CHANGE ORDER NO. t/FINAL PAYMENT /CONSTRUCTION OUALITY CONTROL, INC.: Approve Change Order No.1 in the amount of an $864.52 decrease, and final payment in the amount of $9,812.15 to Construction Quality Control, Inc. for construction of the Delray Swim and Tennis Storage Building Project. Funding is available from 117-4133-572-62.10 (Recreation Impact Fee Fund/Buildings). G. CHANGE ORDER NO. t/FINAL PAYMENT /COLONNA CONSTRUCTION CO.. INC.: Approve Change Order No. 1 in the amount of a $44,893.09 decrease, and final payment in the amount of $12,670.75 to Colonna Construction Co., Inc. for the 2002 Sidewalk Improvement Program Project. Funding 18 available from 334-3162-541-65.61 (General Construction Fund/Downtown Pedestrian Network). H. GRANT APPLICATION/PALM BEACH COUNTY PUBLIC LANDS GRANT PROGRAM: Approve the application for a 50%/50% matching grant in the estimated amount of $14,860.00 for the Palm Beach County Public Lands Grant Program for the removal of exotics and invasive vegetation at Barwick Park. Funding is requested from the 2005-2006 operating budget. I. HOUSING REHABIUTATION GRANT/CONTRACT AWARD: Approve Housing Rehabilitation grant/contract award through the Community Development Division in the amount of $24,932.25 to South Florida Construction (925 S.W. 10th Avenue). Funding is available from 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP) Program/Housing Rehabilitation). J. PALM BEACH COUNTY AGREEMENT /FED CUP: Approve an agreement with the Palm Beach County Board of County Commissioners for the reimbursement of funds to the City in an amount up to $40,000.00 for expenses incurred by the City for the Fed Cup. 05-03-2005 - 3 - K. PALM BEACH COUNTY GRANT/EMERGENCY MEDICAL SERVICES: Approve the application for a non-matching grant to the Palm Beach County Department of Emergency Medical Services in the amount of $41,199.50 to upgrade eight (8) Zoll M Series defibrillator/monitors and the purchase of two (2) AED's for the Fire-Rescue Department and approve Resolution No. 27-05. L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 18, 2005 through April 29, 2005. M. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Hartzell Construction, Inc. in the amount of $177,157.00 for the Southwest Area Sidewalk Project. Funding is available from 118-1965-554- 63.11 (Community Development Fund/Southwest Area Sidewalk). 2. Contract award to Ranger Construction, Inc. in the amount of $112,948.50 for the 2005 Street Resurfacing Project. Funding is available from 334-3162-541- 61.17 (General Construction Fund/2005 Resurfacing). 3. Purchase award to A2000 Network Solutions, Inc. in the amount of $24,650.00 via the State Contract #250-000-03-1 for the purchase of switches and fiber connections to activate the fiber optic cables per the Adelphia Dedicated Capacity Agreement. Funding is available from 334-6111-521-64.11 (General Construction Fund/Computer Equipment). 4. Purchase award to Hector Turf in the amount of $17,019.74 via the Florida State Contract #515-630-03-1 for the purchase of a Toro Groundsmaster 328-D Mower for the turf maintenance of the new park facilities. Funding is available from 001-4138-572-64.90 (General Fund/Other Machinery/Equipment). 9. REGULAR AGENDA: A. WAIVER REOUEST /GRAMERCY SQUARE: Consider a waiver request to waive Land Development Regulations (LDR) Section 6. 1.2(C) (3) (a), "Paving Widths", to reduce the required minimum paving width for an interior road from 24' to 20' for Gramercy Square, pursuant to LDR Section 2.4.7(B)(5), "Findings". (Quasi-Judicial Hcaring) B. CONDITIONAL USE REOUEST /EBENEZER WESLEYAN METHODIST CHURCH: Consider a request for conditional use approval to allow the relocation and construction of a new 214 seat sanctuary for Ebenezer Wesleyan Methodist Church, located on the east and west sides of S.W. 6th Avenue, north of S.W. 2nd Street. (Quasi-Judicial Hcaring) 05-03-2005 - 4 - C. WAIVER REOUEST/EBENEZER WESLEYAN METHODIST CHURCH: Consider a waiver request to waive Land Development Regulations (LDR) Section 4.6.9 (D) (3) (c) (1), "Stacking Distance", to reduce the required parking lot stacking distances associated with the construction of a new 214 seat sanctuary for Ebenezer Wesleyan Methodist Church. (Quasi-Judicial Hearing) D. CULTURAL PLAN PROPOSAL: Consider approval of the new proposal for a cultural plan for the City and provide direction to staff. E. REJECTION OF BIDS/PURCHASE AWARD/BUS SHELTERS PROJECT: Consider rejection of all bids received for the Bus Shelter Design/Build Project due to receiving bids out of scale and significandy in excess of the project budget; and provide direction regarding purchasing and installing 47 bus shelters. F. REOUEST FOR FUNDING/ATLANTIC HIGH SCHOOL: Consider a request from Kathleen Weigel, Principal of Atlantic High School, to subsidize the athletic insurance fee for 100 students. Funding is available from 001-1111-511-48.10 (General Fund/Special Events). G. AMENDMENT NO. t/LICENSE AGREEMENT /PILGRIM BELLE CRUISES. LLC: Consider approval of Amendment No.1 to the license agreement with Pilgrim Belle Cruises, LLC to allow the Pilgrim Belle to continue to vacate the dock from June 151 through September 15th and the City will be allowed to lease the dock space unless the Pilgrim Belle pays the required monthly fee. H. APPOINTMENT OF OUTSIDE COUNSEL/STEVENS. BROWN. AND MILLER CLAIMS/CASES: Consider approval of outside counsel, Fred Gelston, Esq., for the Paul Stevens, Antonio Brown, and Jerrod Miller cases. I. TERMINATION OF LICENSE AGREEMENT/WORLDWIDE ENTERTAINMENT, INC.: Consider authorizing staff to terminate the license agreement with Worldwide Entertainment, Inc. with the City retaining the $50,000.00 security deposit for failure to fulfill the obligations of the agreement for the promotion of concerts at the Delray Stadium. J. PROPOSAL FOR SETTLEMENT IN LEVENE v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the total amount of $12,000.00 in Howard and Carole Levene v. City of Delray Beach. Staff recommendation is denial. K. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board for an unexpired term ending July 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). 05-03-2005 - 5 - L. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for a two (2) year term ending April 22, 2007. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). 10. PUBLIC HEARINGS: A. RESOLUTION NO. 25-05: Approve Resolution No. 25-05 adopting the final assessment roll, Seacrest/Del-Ida Special Assessment District. B. ORDINANCE NO. 26-05: An ordinance designating The Hartman House, located at 302 N.E. 7th Avenue, to the Local Register of Historic Places. C. ORDINANCE NO. 28-05 (FIRST READING/FIRST PUBLIC HEARING): Privately initiated amendment to Land Development Regulations (LDR) Section 4.4.20, "Industrial (1) District", Subsection 4.4.20(B), "Principal Uses and Structures Permitted", Paragraph (5), "Service Industry", to add food preparation and/or processing as a principal use. If passed, a second public hearing will be scheduled for May 17,2005. D. ORDINANCE NO. 25-05 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to Land Development Regulations Section 2.4.4(E), "Expiration of Approvals", to specify that extensions of time granted pursuant to Section 2.4.4(F)(4) shall not be deemed a previous extension. 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. 29-05: Privately initiated amendment to Land Development Regulations (LDR) Section 4. 3. 3 (AAA) (1) (c) "Adult Gaming Center Requirements", to allow the use of gift certificates, gift cards, credit cards, or other cash substitutes for payouts. If passed, a public hearing will be scheduled for May 17,2005. B. ORDINANCE NO. 27-05: An ordinance amending the Code of Ordinances by enacting Chapter 59, "Reclaimed Water", to provide for guidelines regarding the use of reclaimed water and amending Section 52.19, ''Vegetation Water Meters", to clarify the use of vegetation water meters versus reclaimed water meters. If passed, a public hearing will be scheduled for May 17, 2005. 05-03-2005 - 6 - C. ORDINANCE NO. 30-05: An ordinance amending Chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plans", of the City Code of Ordinances, Section 35.089, "Definitions", to revise the definition of "Credited Service" to provide for a member who dies within thirty (30) days prior to attaining five (5) years of credited service. If passed, a public hearing will be scheduled for May 17, 2005. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: APRIL 29, 2005 05-03-2005 - 7 - APRIL 19. 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, April 19, 2005. 1. Roll call showed: Present - Commissioner Rita Ellis Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - Commissioner Patricia Archer Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. Reverend Nancy Nonnan with Unity Church of Delray Beach recognized Boy Scout Troop #301 and delivered the opening prayer. 3. The Pledge of Allegiance to the flag of the United States of America was given by Boy Scout Troop #301 from Delray Beach. 4. AGENDA APPROVAL: Mr. Levinson moved to approve the Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Ellis moved to approve the Minutes of the Organizational Meeting of March 31, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. Mr. Levinson moved to approve the Minutes of the Regular Meeting of April 5, 2005, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. Ms. McCarthy moved to approve the Minutes of the Special Meeting of April 12, 2005, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mc. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - 04/19/05 -- Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Recofmizine Uriel Neto. Assistant State Attornev Mayor Perlman read and presented a proclamation to Uriel Neto, Assistant State Attorney. Mr. Neto came forward to accept the proclamation and thanked the City of Delray Beach. 6.B. Nurse's Dav. Mav 6. 2005 Mayor Perlman read a proclamation hereby proclaiming May 6, 2005 as Nurse's Day. 6.C. Civility Month - Mav 2005 Mayor Perlman read and presented a proclamation hereby proclaiming May 2005 as Civility Month in Delray Beach. Susan Ruby, City Attorney, accepted the proclamation. 7. PRESENTATIONS: 7.A. "SpotIieht on Education" - Frank Little. Director Delrav Vocational Charter School Dr. Frank Little, Director of Delray Vocational Charter School, briefly explained stated there are twenty-five (25) at risk students (i.e. 98% are dropouts, withdraws, or expelled) and 50% of the students come from targeted areas in Delray Beach. Over the past two years the school has been very successful and 80% of the students are employed; 86% of the students are arrest-free; and 33% of the students have gone on to attain their GED. Dr. Little stated presently they are leasing some space from South Tech and yesterday agreed to purchase 75 square feet of space located at 601 S. Congress Avenue (Congress Commercial Center). He stated next year the number of students will increase from twenty-five (25) to over a hundred (100) students. Dr. Little stated they have developed a research based academic curriculum that will address the needs of the GED Program and provide each student with an individual education plan. He stated the second tier is life skills and noted the C.E.R.T. (Citizen Emergency Response Team) and the Eye Opener Academy will continue. He stated they have a part- time teacher who teaches the students how to create a resume and how to interview for jobs and the third tier is basic automotive skills. Dr. Little thanked the City of Delray Beach for being an outstanding partner in their education mission and is hopeful that they will develop some productive citizens. Dr. Little presented the City of Delray Beach with a Certificate of Appreciation for their continued support. - 2 - 04/19/05 At this point, Mayor Perlman recognized Officer Punn and Officer Glass for their vision and urged everyone to visit the school to see how they work with the students, the academics, the vocational, the personal life and the dedication of the staff. He stated he is very proud of everyone and urged everyone to visit the school and get involved. Dr. Little stated when they move to the new facility they will have an open house. 7.B. City of Delrav Beach Residents' Academv Certificates - Janet Meeks Janet Meeks, Education Coordinator, stated she is proud to announce that this is the 8th graduating class and thanked the Department Heads for the hard work with their presentations. Mayor Perlman assisted Mrs. Meeks with distributing the plaques. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROV AL/HERITAGE CLUB REPLAT: Approve the subdivision plat for Heritage Club Replat, a 57 lot, fee-simple, townhouse development, located on the south side of S.E. loth Street, approximately 330' west of southbound Federal Highway. 8.B. FINAL SUBDIVISION PLAT APPROV AL/TROPIC ISLES TOWNHOMES PLAT: Approve the subdivision plat for Tropic Isles Townhomes, an 8 lot, fee-simple, townhouse development, located on the northwest comer of Frederick Boulevard and Avenue H. 8.C. FINAL SUBDIVISION PLAT APPROVAL/FIFTH AVENUE ESTATES PLAT: Approve the minor, two (2) lot subdivision plat for Fifth Avenue Estates Plat, located on the west side of N.W. 5th Avenue, 223 feet south of N.W. 12th Street. 8.D. ACCEPTANCE OF EASEMENT/FLORIDA POWER & LIGHT COMPANY: Approve and accept a utility easement within the Florida Power & Light property to be used for the construction and maintenance of the Area One Reclaimed Water Transmission Main, located south of Lake Ida Road, immediately west of the CSX railroad. 8.E. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/SWINTON AVENUE IMPROVEMENTS: Approve an Interlocal Agreement with Palm Beach County for reimbursement funding in an amount not to exceed $45,000.00 for the Swinton Avenue Street Improvements Project. 8.F. AGREEMENT/NEW URBAN COMMUNITIES: Approve an agreement with New Urban Communities (developer of the Atlantic Grove Project) which provides that the City will pay the developer 50% of the cost, up to $10,000.00, for asphalt overlay work perfonned on N.W. 4th Avenue between Atlantic Avenue and N.W. 1 st Street. Funding is available from 334-3162-541-61.17 (General Construction Fund/Street Reconstruction). - 3 - 04/19/05 8.G. LOCAL AGENCY PROGRAM AGREEMENT (LAP)/FLORIDA DEPARTMENT OF TRANSPORATION (FDOT): Approve a Local Agency Program Agreement with the Florida Department of Transportation (FDOT) for fundin~ in the amount of $500,000.00 for construction costs for the West Atlantic Avenue (lot Avenue to 6th Avenue) Beautification Project. 8.H. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for June 30, 2005 from 6:00 p.m. to 10:00 p.m., granting a temporary use pennit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue (one lane) from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 1st Street (street closure will be from 3:00 p.m. to approximately midnight), and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up assistance. 8.1. TRANSPORTATION ENHANCEMENT APPLICATION: Authorize staff to submit applications for the Year 2005 Transportation Enhancement Application Cycle for FY 2010-2011 funding. 8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 4, 2005 through April 15, 2005. 8.K. AWARD OF BIDS AND CONTRACTS: 1. Contract award to J ani King Commercial Cleaning Services in the annual amount of $36,600.00 for janitorial services for the Delray Beach Golf Course. Funding is available from 445-4711-572- 34.90 (Delray Beach Municipal Golf Course Fund/Other Contractual Services). 2. Contract award to Randolph & Dewdney Construction in the amount of $435,185.00 for the construction of the Fire Apparatus Maintenance Building. Funding is available from 334-6111-519- 62.10 (General Construction FundlBuildings). 8.L. COMMUNITY OLYMPIC DEVELOPMENT PROGRAM/TENNIS CENTER: Approve a Community Olympic Development Program at the Tennis Center to provide a Youth Tennis Program. Mr. Levinson moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. - 4- 04/19/05 9. REGULAR AGENDA: 9.A. RESOLUTION NO. 23-05: Consider approval of Resolution No. 23-05 approving an Interlocal Agreement between Palm Beach County and the City providing for the annexation of seven (7) enclaves containing forty-nine (49) parcels plus the respective rights-of-way for Jefferson Road, Lincoln Road, and Whatley Road within Country Club Acres, located on the east side of Military Trail, 160 feet south of Atlantic Avenue. The caption of Resolution No. 23-05 is as follows: A RESOLUTION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY PROVIDING FOR THE ANNEXATION OF ENCLAVES PURSUANT TO SECTION 171.046, FLORIDA STATUTES. (The official copy of Resolution No. 23-05 is on file in the City Clerk's office.) Paul Dorling, Director of Planning and Zoning, stated this is a request for an approval for an Interlocal Agreement between Palm Beach County and the City of Delray Beach and encompasses 9.02 acres of land and includes 7 separate enclaves. It also includes the rights-of-way for Lincoln, Jefferson, and Whatley Road. The balance of the Country Club Acres subdivision is being simultaneously annexed by either voluntary annexation or annexation agreements contained In executed water agreements. Infrastructure upgrades are proposed upon the annexation which is approved in the Capital Improvement Plan (CIP) and are a cost sharing between the County and the City and the numbers are subject to the Interlocal Agreement approved by City Commission on June 15,2004. 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. The County Commission will consider this Interlocal Agreement at their Commission meeting of May 3, 2005. 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 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. - 5 - 04/19/05 -------- -- Mrs. Ellis moved to approve Resolution No. 23-05, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.B. AMENDED INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Consider approval of an Amended Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for engineering, landscape design, and construction administration services to improve the coordination of projects identified in the Downtown Master Plan, CRA Plan, and Southwest Neighborhood Plan. Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor Levinson. Richard Hasko, Director of Environmental Services, stated this is an amendment to an existing agreement the City has with the CRA helping the CRA administer some of their projects involved with the Master Plan. Ms. McCarthy moved to approve an amended Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for services relating to work perfonned within the CRA redevelopment area, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy- Yes; Mrs. Ellis - Yes. Said motion passed with a 3 to 0 vote. 9.C. R.A.C.E. RELATIONS INITIATIVES/RECOMMENDATIONS: Consider approval of the Preliminary Execution of Recommendation Phase proposed for the implementation of specific actions under the R.A.C.E. initiative and authorize the proposed budget allocation in the amount of $90,000.00 for fiscal year 2005/06. Lula Butler, Director of Community Improvement, stated this item is in response to the City Commission's directive to staff to go back and review the recommendations that were presented at the February 15, 2005 City Commission meeting from Mr. Sam Mathis and staff has concluded that all the recommendations should be implemented in Phases. Mr. Levinson moved to approve the Preliminary Execution of Recommendation Phase proposed for the implementation of specific actions under the R.A.C.E. initiative and authorize the proposed budget allocation in the amount of $90,000 for fiscal year 2005/06, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. - 6 - 04/19/05 9.D. INTERLOCAL AGREEMENTIPALM BEACH COUNTY/THOROUGH FARE PLAN: Consider approval of an Interlocal Agreement with Palm Beach County to provide 120 days notice if the County or any municipality desires to reduce the capacity on the roadway from the County's Thoroughfare Plan. The City Manager stated the League of Cities has worked on this for quite some time and explained that this is a process of notification if the City would like to change a road and provide 120 days notice. He stated the Metropolitan Planning Organization (MPO) will either do an analysis or look at analyses that have been done and determine the traffic impact and the parties involved can try to resolve any issues. If not, the jurisdiction in which the road lies can still move forward with that agreement but it is a process that allows everyone to know what is happening and to attempt to resolve any conflicts in advance. Staff recommends approval of the agreement. Mrs. Ellis asked if the roads listed in the agenda backup will be the only roads that are involved in the agreement. The City Manager stated one of the advantages that the League of Cities is doing is they are suggesting that most of the cities in the County adopt this because if you are a party to the agreement that entitles you to notice. For example, the City Manager stated if the roads were being changed in Boynton Beach or Boca which impacted the City of Delray Beach, we would receive notice about it as a signatory to the agreement. Ms. McCarthy moved to approve the Interlocal Agreement with Palm Beach County to provide 120 days notice if the County or any municipality desires to reduce the capacity on the roadway from the County's Thoroughfare Plan, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.E. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (I) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Mr. Levinson moved to appoint Bryce Newell as an alternate member to the Board of Adjustment for an unexpired term ending August 31, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.F. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) At Large Representative to the Neighborhood Advisory Council for an unexpired term ending October 31,2005. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he wished to appoint Patricia Westall as an At Large Representative to the Neighborhood Advisory Council for and unexpired term - 7 - 04/19/05 ending October 31, 2005. Mr. Levinson so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman- Yes. Said motion passed with a 4 to 0 vote. 9.G. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular members to the Education Board for unexpired terms ending July 31, 2005 and July 31, 2006. Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4). Mr. Levinson moved to appoint Joseph Finley as a regular member to the Education Board for an unexpired term ending July 31, 2005, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. Ms. McCarthy stated she would like to defer her appointment to the next regular meeting of May 3,2005. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 26-05: An ordinance designating The Hartman House, located at 302 N.E. ih Avenue, to the Local Register of Historic Places. If passed, a public hearing will be scheduled for May 3,2005. The caption of Ordinance No. 26-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE HARTMAN HOUSE, LOCATED AT 302 NE 7TH AVENUE, AS MORE P ARTICULARL Y DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY, 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a 2-story Frame Vernacular House built in 1923 during the Florida Land Boom years of the 1920's. The first occupant, Mr. Gustav R. Hartman, was the Assistant Postmaster of the City of Delray Beach. The structure is outside the boundaries of the five existing historic districts and would make a good addition to the 28 individually listed properties on the - 8 - 04/19/05 Local Register of Historic Places. To qualify as a historic site, the property must fulfill one or more of the criteria set forth in the LDR's. At its meeting of March 16, 2005, the Historic Preservation Board (HPB) set a public hearing date of April 6, 2005, to discuss the proposed designation and provide a recommendation to the City Commission for the individual historic property listing. On April 6, 2005, the HPB voted unanimously (4-0) to forward a recommendation of approval to the City Commission. Ms. McCarthy moved to approve Ordinance No. 26-05 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item H.B., Comments and Inquiries on Non-Agenda Items from the Public. 1I.B. From the Public. H.B.I. Beniamin AUf!ustvn. 718 S. Lake Avenue. Delrav Beach. requested a lighting upgrade for his neighborhood and submitted a petition of signatures supporting the upgrade. H.B.2. Patrick Glover. 305 S.W. 7th Avenue. Delrav Beach. stated he took photographs of the Pompey Park Pool and observed two lifeguards on duty reading and tanning; however, the pool was empty. On April 16, 2005, he stated he questioned one of the lifeguards on duty regarding the cost of the pool and was informed that none of the children were allowed to enter the pool unless they paid a $1.00 entry fee. Mr. Glover stated at the City Commission meeting of April 5, 2005 it was confirmed that the pool was free; however, the sign still reads on the window that age five and under are free and age five and above is $1.00 plus tax. He reiterated children are on a quest to Aqua Crest Pool and are doing things other than swimming. Mr. Glover stated swimming lessons are vital to the youth particularly because we live in Florida. He distributed photographs to the Commission of the Pompey Park Pool and requested that the prices be removed from the window at the entrance of the pool because the pool is free. The City Manager stated any person under the age of 18 can obtain a recreation card for $5.00 a year and can get into the pool free once this card is purchased. He stated he will let Mr. Glover know where a recreation card can be obtained. Mr. Glover stated it would be extremely convenient if these recreation cards are made available at Pompey Park and suggested that the sign read "The Pool is Free upon Completing a Recreation Card Application with a Parent." At this point, the Commission moved to Item H.A., Comments and Inquiries on Non-Agenda Items from the City Manager. - 9- 04/19/05 --~- 1l.A. City Mana2:er's response to prior public comments and inquiries. With regard to prior concerns expressed by residents regarding the condition of the gym floor at Pompey Park, the City Manager stated last week the City awarded a contract to replace the gym floor with a new wood floor. In addition, he stated the City has added an incentive to the contract whereas if the contractor completes the floor early he will receive an additional incentive payment. The City Manager stated the City has a shortage of gym space and there are many competing events especially for the Community Center. He stated when one of the City's gyms is not available this does impact the Youth Sports Program. He stated in the past the City has used the gyms at Carver and at the Delray Full Service Center; however, for various reasons, those facilities have not been available this year. The City Manager stated staff will work on obtaining an alternative location, try to disrupt the practice and game schedule as little as possible, and will be sure that the youth have a gym to use. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Mana2:er The City Manager stated the League of Cities Board of Directors would like to appoint Commissioner Levinson as the alternate seat on the Treasure Coast Regional Planning Council. He stated if anyone is interested there is an opening for an alternate member on the Impact Fee Review Committee. The City Manager stated the Annual Palm Beach County League of Cities Gala Dinner and Installation has been moved from Saturday, May 14, 2005 to Saturday, May 21,2005. Lastly, the City Manager stated the City received the Actuarial Report for the Police and Fire Pension Plan and the Actuary has revised his report which will result in a total impact of approximately $1.1 million. 13.B. City Attornev The City Attorney stated this pertains to budgeting for certain dispatch services and the City of Delray Beach has joined in with Boca in this pursuit of obtaining some equity out of possible double taxation issues and as part of this process before filing suit, the City of Delray Beach is required to have a dispute resolution conference which staff had at the Palm Beach County Governmental Center. She stated the next step required under Florida Statute is to have a joint meeting of the City of Boca Raton City Commission, City of Delray Beach City Commission, and the Palm Beach County Commission. The City Attorney stated this joint meeting is in the process of being scheduled and after this joint meeting the next step is to hold a mandatory mediation. - 10- 04/19/05 Secondly, the City Attorney stated she had a conversation with Lisa King today regarding the Florida Communities Trust Grants Bill. Ms. King reported that she did contact Senator Dudley's office and they were unable to find a Bill that they could tack it on to. Therefore, the City Attorney stated it is very unlikely that this Bill will pass. 13.C. City Commission B.C.!. Mrs. Ellis Mrs. Ellis had no comments or inquires on non-agenda items. 13.C.2. Mr. Levinson Mr. Levinson stated he is a little taken back from Mr. Glover's comments because the day after Mr. Glover was before the Commission (April 6th) there was a large article in the Delray Times that had a front page picture of several children taking swimming lessons at the Pompey Park Pool. Mr. Levinson stated he is distressed that after the Commission discussed this at the City Commission meeting of AprilS, 2005, the sign has still not been removed and he feels the City needs to be very particular in the way in which we advertise our City services. In addition, Mr. Levinson stated he thought it was made clear when the City purchased the Rec- Trac software that one of the purposes of having it at each of the locations was so that a Rec- Trac card could be provided at each location. The City Manager stated he believes this card can be provided at each of these locations. Mr. Levinson agreed with the City Manager and asked that staff confirm this. The City Manager stated he believes the sign is accurate; however, concurs the sign should also address the recreation card option. Secondly, he stated the Old School Square event on Saturday night was terrific. He commented about the United States Tennis Association (USTA) negotiations and stated this is timely because they will be here in Delray. Mr. Levinson stated in the Sunday Sun-Sentinel News "What's Going on in Delray" it stated the Commission did not meet last week. He stated the City Commission met in a Goal Setting session from 8:00 a.m. - 6:00 p.m. and from 6:00 p.m. - 8:00 p.m. the City Commission met in a Workshop meeting. He stated he feels the newspaper was inaccurate in talking about the City of Delray Beach necessarily only being interested in getting FED Cup and Davis Cup forever here because there is a lot more to a relationship with the USTA than just that. Mr. Levinson stated he would like to see the City of Delray Beach establish some kind of relationship with the UST A and asked if this could be discussed at the end of the meeting tonight. - 11 - 04/19/05 - -- ------ 13.C.3. Ms. McCarthv Ms. McCarthy had no comments or inquiries on non-agenda items. 13.C.4. Mavor Perlman Mayor Perlman stated he attended the 4th Annual Fair Housing Luncheon at the Delray Beach Municipal Golf Course and it was hosted by Curt Fonger from News Channel 12. He stated the Old School Square event was well done and well attended. He stated Frances Bourque would like to be involved in the Cultural Plan that was discussed at the Goal Setting session. Mayor Perlman stated she is clearly a visionary and would like to issue a challenge to the up and coming generation through this process to become involved in the community and take the reigns on some of the community projects. He stated he attended the World Trade Center Luncheon at the Broward Convention Center last week and sat with Glenda Hood, Secretary of State. He stated she is a very big fan of Delray particularly Delray's Youth and Historic Preservation for economic development. He stated having been former Mayor of Orlando she understands municipal issues and uses Delray Beach across the State as an example of how to jump-start revitalization around historic preservation. In addition, Mayor Perlman stated other people at the table were Consul Generals from Malaysia, Jamaica, Trinidad, Tabago and Canada. The incoming President from Sister Cities International in Fort Lauderdale would like to get together with Delray's Sister Cities group because he feels Delray Beach has many good things in place with the youth (i.e. exchange programs). Mayor Perlman stated he attended the USTA Event last week and had the opportunity to give trophies to the 12 and under girls and noted a local West Palm Beach girl won the championship. He stated over 300 tennis players from all over the country were there in addition to their parents, coaches, and siblings. He stated this had a great economic impact for the City of Delray Beach and we will receive some national exposure from this event. Mayor Perlman stated the UST A is holding a press conference on April 20,2005 at 3:00 p.m. with the Williams' sisters, Zina Garrison (coach), Corina Morariu, and Lindsay Davenport who will be donating a practice wall to Pine Grove Elementary School. He stated approximately 150 honor roll students will have the opportunity to hit the tennis ball with Venus and Serena Williams. He stated that the FCT grants are critical. Mr. Levinson stated this needs to be communicated immediately to the City's lobbyists. Mayor Perlman stated he has not had an opportunity to get to Tallahassee; however, he will try to get there next week for one day. - 12- 04/19/05 - ------- ---- At this point, the time being 7:00 p.m., the Commission considered the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 15-05: Voluntary annexation via the provisions of the executed Water Service Agreements for thirty-one (31) parcels of land within Country Club Acres, located on the east side of Military Trail, south of West Atlantic Avenue. 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. 15-05 is as follows: 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 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 SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this involves 6.26 acres ofland 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. These thirty-one (31) parcels have signed water service agreements with the City of Delray Beach and are part of an overall annexation of the entire subdivision. The balance of the Country Club Acres subdivision including the internal streets is being simultaneously annexed by either voluntary annexation agreements or by an agreement with Palm Beach County. 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 - 13- 04/19/05 ------ the residents (property owner) and her main concern was the approximate date in which improvements will be concluded. Mayor Perlman declared the public hearing open. Jackie Allen, 4929 Lincoln Road, Delray Beach, stated property owners on Lincoln Road are concerned over the traffic cutting through on their street. She suggested that a concrete fence (i.e. Shadywoods I and Shadywoods II) or a ficus hedge (i.e. Lakeside Townhouses or Country Club Acres) be placed along Military Trail with a sign at the entrance of Military Trail and Jefferson Road. Ms. Allen briefly spoke in opposition of any consideration of making Lincoln Road a one-way street. There being no one else who wished to address the Commission regarding Ordinance No. 15-05, the public hearing was closed. Prior to the vote, Mayor Perlman asked if staff will talk to the public once the property is annexed. Mr. Dorling stated the City held two public hearings earlier this year that talked about the improvements that were approved by the Capital Improvement Plan (CIP) but also some additional improvements that the community wanted. Mr. Dorling stated the streets will be public streets and staff has no intention of supporting one-way streets. Mr. Ellis moved to adopt Ordinance No. 15-05 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. 10.B. 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 Atlantic A venue. 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. 14-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y 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 - 14- 04/19/05 GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 14-05 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the subject property consists of 2.88 acres of land and involves fifteen (15) parcels. The fifteen (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 and are part of an overall annexation of the entire subdivision. 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 and discussing the proposal, the Board voted 5-0 to recommend that the request be approved. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 14-05, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 14-05 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. to.c. ORDINANCE NO. 22-05 (SECOND READING/SECOND 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. 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. 22-05 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 DELRAY BEACH, BY AMENDING SECTION 4.3.3(V), "USES INVOLVING ALCOHOLIC BEVERAGES", BY - 15 - 04/19/05 AMENDING SUBSECTION 4.3.3(V)(2), "PROHffiITIONS BY FREQUENCY" BY ESTABLISHING SUBSECTION 4.3 .3(V)(2)( c) TO PROVIDE A METHOD OF DETERMINING ELIGffiILITY FOR A STAND ALONE BAR USE IN CERTAIN CIRCUMSTANCES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-05 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the current LDR's require that "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 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. 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 (Joseph Pike and Charles Walker absent) to recommend approval ofthe proposed amendment. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 22-05, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 22-05 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 10.D. 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. 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. 23-05 is as follows: - 16 - 04/19/05 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 SECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", SUBSECTION 4.4.11 (H), "SPECIAL REGULATIONS", BY PROVIDING THAT BANKS OR SIMILAR FINANCIAL INSTITUTIONS MAY HAVE A MAXIMUM AREA OF 6,000 SQ. FT.; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this amendment to the NC zone district regulations has been requested to allow banks and financial institutions up to a maximum of 6,000 square feet of floor area, where a maximum of only 2,000 square feet is currently pennitted. Washington Mutual Bank is currently located at the northeast comer 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 square feet of the plaza. The Bank has indicated that a drive-through facility will not be provided at the proposed location. 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 (Joseph Pike and Charles Walker absent) to recommend approval ofthe proposed amendment. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 23-05, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 23-05 on Second and FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. - 17 - 04/19/05 10.E. ORDINANCE NO. 25-05 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to Land Development Regulations Section 2.4.4(E), "Expiration of Approvals", to specify that extensions of time granted pursuant to Section 2.4.4(F)( 4) shall not be deemed a previous extension. If passed, a second public hearing will be scheduled for May 3, 2005. Prior to consideration of passage of this ordinance on First Reading/First Public Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 25-05 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", AND ORDINANCE NO. 11-05 TO PROVIDE THAT EXTENSIONS OF TIME GRANTED PURSUANT TO SECTION 2.4.4(F)(4) SHALL NOT BE DEEMED TO BE A PREVIOUS EXTENSION PURSUANT TO SECTION 2.4.4(E)(2), PROVIDING FOR APPLICABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated at its meeting of March 15,2005, the City Commission approved an amendment to the LDR's to lengthen the time frame to establish a project from eighteen (18) months to twenty-four (24) months. The purpose of the proposed amendment is to clarify that an extension under Section 2.4.4(F)( 4), which relates to litigation preventing construction, is not to be considered an extension under 2.4.4(E)(2). Thus, once litigation has concluded, the time frame to establish a project shall be twenty-four (24) months; unless the litigation is not resolved with seven (7) years from the initial date of approval, then the extension procedures ofLDR Section 2.4.4(F)(1), (2), and (3) would apply. At its meeting of April 18, 2005, the Planning and Zoning Board considered the proposed text amendment and recommended approval. - 18 - 04/19/05 Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 25-05, the public hearing was closed. Ms. McCarthy commended Mr. Dorling and the Planning and Zoning staff for taking a proactive stance on this after evaluating and seeing what the trend was. Mayor Perlman complimented Mr. Dorling on a good job. Ms. McCarthy moved to approve Ordinance No. 25-05 on First Reading/First Public Hearing, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. to.F. 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. 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. 20-05 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, 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- F AMIL Y 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. (The official copy of Ordinance No. 20-05 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. - 19 - 04/19/05 Paul Dorling, Director of Planning and Zoning, stated on February 15, 2005, the City Commission adopted amendments to the LDR's 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. 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, the new standards apply to all development within the Overlay District. The amendment is being proposed to correct this error by limiting the setback reductions/changes to developments providing workforce housing. At its meeting of March 21, 2005, the Planning and Zoning Board held a public hearing regarding this item and there was no public input on the amendment. The Board voted 5-0 (Joseph Pike and Charles Walker absent), to recommend approval of the amendment. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 20-05, the public hearing was closed. Mrs. Ellis moved to adopt Ordinance No. 20-05 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. lO.G. 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 Residential 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. 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. 13-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY 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 DU/ AC) IN PART TO LD (LOW DENSITY - 20- 04/19/05 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 A VENUE, 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, WL Y 2004; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-05 is on file in the City Clerk's office.) The City Attorney read the caption ofthe ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Commission Levinson stepped away from the dais. Paul Dorling, Director of Planning and Zoning, stated the proposed FLUM amendment and rezoning involves three properties totaling 0.42 acres within the Marina Historic District. 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. 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 discussing the proposal, the Board voted 5-0 (Joseph Pike and Charles Walker absent) to recommend approval of the corrective Future Land Use Map amendment and rezoning. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 13-05, the public hearing was closed. Mrs. Ellis moved to adopt Ordinance No. 13-05 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 3 to 0 vote. - 21 - 04/19/05 ----- ------- to.H. ORDINANCE NO. 24-05 : City initiated amendment to Land Development Regulations (LDR) Section 4.5.1(C)(5), "Designation Procedures", concerning the freeze period on the issuance of permits during the Historic District designation process. 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. 24-05 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, BY AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION 4.5.1(C), "DESIGNATION PROCEDURES", BY REMOVING THE RESTRICTION ON ISSUING BUILDING PERMITS DURING THE DESIGNATION PROCESS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24-05 is on file in the City Clerk's office.) Commissioner Levinson returned to the dais. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated currently the LDR's require a delay in the issuance of building permits when you are considering a historic district and there was some concern raised during the Swinton Avenue and Dell-Park Historic District process. The proposed amendment to the LDR's is to eliminate the freeze period on the issuance of permits once a public hearing date for a historic designation is established. The intent of the provision is to prevent or defer the immediate demolition or significant alteration of historically contributing structures during the designation process. The provision does not allow the issuance of permits for proposals that are in the permit review process or for proposals where the preparation of plans is nearing completion. 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 (Joseph Pike and Charles Walker absent) to recommend approval of the proposed amendment. - 22- 04/19/05 Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 24-05, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 24-05 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Me. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 10.1. 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. 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. 21-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99, "NOISE CONTROL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, TO PROVIDE AN UPDATED NOISE CONTROL ORDINANCE REFERENCING CURRENT ZONING DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-05 is on file in the City Clerk's office. ) The City Attorney read the caption ofthe ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 21-05, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 21-05 on Second and FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission reopened the Comments and Inquiries on Non-Agenda Items from the Public. - 23 - 04/19/05 No one from the public came forward to speak on comments and inquiries on non-agenda items. At this point, the Commission moved to discussion regarding the UST A. Mr. Levinson stated he would like to see the City of Delray Beach establish some kind of relationship with the USTA. He stated he would hope staff could talk to them not just about a permanent home for the Davis Cup and the Fed Cup, but he feels having a winter home for them here in terms of staff or other kinds of things as well besides just the Fed Cup and the Davis Cup makes sense. The City Manager stated he had discussions today with Brahm Dubin and Bob Barcinski about where this is going and one of the things discussed was that the Mayor will attend the dinner at the Mar-a-Lago Club and will have the opportunity to speak to the President of the USTA. The City Manager stated the only time slot the City has available is April so the City is exploring the idea of having one or the other or even having both the FED Cup and Davis Cup in ApriL He stated as the newspaper indicated this is very early preliminary discussions. He stated the USTA likes Delray and feels this is an opportunity for perhaps more than just an event. Mayor Perlman stated the City has several days to network with members of the UST A. Mr. Levinson stated he would like to see the City go beyond an event based relationship and would love to see the UST A open an office in Delray Beach. There being no further business, Mayor Perlman declared the meeting adjourned at 7:40 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 ofthe Regular City Commission Meeting held on April 19, 2005, which Minutes were formally approved and adopted by the City Commission on - 24- 04/19/05 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. - 25- 04/19/05 FORM 8B 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 COMMfTIEE n Jeffre Delra Beach Cit Commission MAlUNG ADDRESS THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON 971 Delra Lakes Drive WHICH I SERVE IS A UNIT OF: CITY COUNTY XJClTY o COUNTY o OTHER LOCAL AGENCY NAME OF POlITICAL SU80MSlON: DATE ON WHICH VOTE OCCURRED April 19, 2005 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 form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a -relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister. father-in-law. mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . . . . . . . * . . . . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above. you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min- utes of the meeting. who should Incorporate the fonn In the minutes. . . . . . * * * * * . * * * * . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you othelWlse 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 fonn in the minutes. (Continued on other side) œ FORM 88 - EFF. 112000 ~~.~ PAGE 1 APPOINTED OFFICERS (continued) · A copy of the fonn 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 fann in the minutes. A copy of the form must be provided immediately to the other members of the agency. and the fonn must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER"S INTEREST I, Jeffrey Perlman , hereby disclose that on April 19, , 20 ...Q.L: (a) A measure came or will come before my agency which (check one) ...JL 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 . by whom I am retained; or _ Inured to the special gain or loss of . which 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: My wife Diane Colonna, is the Executive Director of the Community Redevelopment Agency (CRA). e;)q Jo~ Date Filed I 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. 1/2000 PAGE 2 I J D~ ~, WHEREAS, the Palm Beach County Cultural Council promotes the "State of the Arts" specialty license plates, and proceeds from the sales of the "State of the Arts" specialty license plates fund the Palm Beach County Cultural Council's Category A - Artists in Residence grant program; and WHEREAS, promotion and sales of the "State of the Arts" specialty license plates raises awareness of the Palm Beach County Cultural Council's Category A (Artists) grant program and county-wide cultural activities; and WHEREAS, programs funded by the "State of the Arts" specialty license plates improve the quality of life for the residents, families, and visitors to Delray Beach; and WHEREAS, a grant awarded to Houston-based artist Rick Lowe, to work in collaboration with the public art organization Pineapple Grove Main Street, funded the philosophical direction, community participation, and physical implementation of Delray Beach's Cultural Loop, a thirty-minute walk that connects a traditional culture zone of a south Florida town: railroad track commerce, main street, city hall, and several multicultural communities; and WHEREAS, promotion of the "State of the Arts" specialty license plates is an opportunity to learn more about the rich cultural diversity and experience the unique cultural qualities of Delray Beach; and WHEREAS, Visit Florida has recognized and highlighted five Palm Beach County cities, including Delray Beach, in its national Downtowns and Small Towns marketing campaign with American Express; and WHEREAS, the month-long promotion of the "Drive to Support The Arts" event will serve as a showcase for county-wide summer cultural activities and Category A grant projects that have made a major impact on the Delray Beach's cultural community. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 2005 as DRIVE TO SUPPORT THE ARTS MONTH in Delray Beach, Florida and urge all citizens to recognize the "State of the Arts" specialty license plates and observe activities dedicated to the promotion of arts, culture, and history in 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 3rd day of May, 2005. JEFF PERLMAN MAYOR lof\ PROCLAMATION WHEREAS, the Palm Beach County Cultural Council promotes the "State of the Arts" specialty license plates, and proceeds from the sales of the "State of the Arts" specialty license plates fund the Palm Beach County Cultural Council's Category A - Artists in Residence grant program; and WHEREAS, promotion and sales of the "State of the Arts" specialty license plates raises awareness of the Palm Beach County Cultural Council's Category A (Artists) grant program and county-wide cultural activities; and WHEREAS, programs funded by the "State of the Arts" specialty license plates improve the quality of life for the residents, families and visitors to Delray Beach; and WHEREAS, a grant awarded to Houston-based artist Rick Lowe, to work in collaboration with the public art organization Pineapple Grove Main Street, funded the philosophical direction, community participation, and physical implementation of Delray Beach's Cultural Loop, a thirty- minute walk that connects a traditional culture zone of a south Florida town: railroad track commerce, main street, city hall, and several multicultural communities. WHEREAS, promotion of the "State of the Arts" specialty license plates is an opportunity to learn more about the rich cultural diversity and experience the unique cultural qualities of Delray Beach; and WHEREAS, Visit Florida has recognized and highlighted five Palm Beach County cities, including Delray Beach, in its national Downtowns and Small Towns marketing campaign with American Express; and WHEREAS, the month-long promotion of the "Drive to Support The Arts" event will serve as a showcase for county-wide summer cultural activities and Category A grant projects that have made a major impact on the Delray Beach's cultural community; NOW, THEREFORE, BE IT PROCLAIMED BY MAYOR JEFF PERLMAN OF DELRA Y BEACH, FLORIDA, this day of , 2005, that the month of May, 2005, in Delray Beach, is hereby declared: Drive To Support The Arts Month and he urges all citizens to recognize the "State of the Arts" specialty license plates and observe activities dedicated to the promotion of arts, culture and history in Delray Beach, Florida. BE IT FURTHER PROCLAIMED BY MAYOR PERLMAN that this Proclamation, duly sealed and ribboned, be executed by him and presented to the Palm Beach County Cultural Council and that said Proclamation be duly enacted. Attest: --- -- - - -- ~ WHEREAS, Historic Preservation fosters a deeper understanding of the diversity of our distinct local, state, and national heritage; and WHEREAS, Historic Preservation enhances the livability and sustainability of communities, both large and small across America; and WHEREAS, Historic Preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering civic pride, and maintaining community character; and WHEREAS, Historic Preservation helps us recognize the integral role that tangible links to our heritage play in our sense of place and community; and WHEREAS, "Restore America: Communities at a Crossroads" is the theme for Preservation Month 2005 co-sponsored by the Delray Beach Historical Society and the National Trust for Historic Preservation. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 1, 2005 through May 31, 2005 as NATIONAL PRESERVATION MONTH and call upon the people of Delray Beach, Florida, to recognize and participate in this special observance. 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 3rd day of May, 2005. JEFF PERLMAN MAYOR lßß - ~ WHEREAS, the Children's Tumor Foundation is observing Mayas National Neurofibromatosis (NF) Awareness Month to inform the public about this common genetic disorder; and WHEREAS, Neurofibromatosis is more prevalent than Cystic Fibrosis, Duchenne Muscular Dystrophy, and Huntington's Disease combined; and WHEREAS, over 100,000 Americans have NF and one of every 4,000 newborns will develop the disorder, it nevertheless is relatively unknown to the public; and WHEREAS, NF causes tumors to grow along nerves throughout the body, and can affect the development of other parts of the body, such as bone and skin tumors, bone deformities such as scoliosis of the spine; leg bowing and/or twisting, progressive loss of hearing, sight and balance; learning disabilities; and other symptoms; and WHEREAS, the Children's Tumor Foundation promotes and supports research aimed at finding the causes of the disorder and developing treatments and a cure, provides information to people with NF, informs the public about the disorder, and is a resource for medical and health professionals; and WHEREAS, while researchers have identified the genes that cause NF, much remains to be done to raise awareness and funding to develop methods of prevention, treatment and a cure; and the Children's Tumor Foundation (www.ctf.org, 800-323-7938) leads the efforts in this regard. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 2005 as "NEUROFIBROMATOSIS AWARENESS MONTH" in Delray Beach, Florida and urge everyone to become aware of this genetic disorder. 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 3rd day of May, 2005. JEFF PERLMAN MAYOR G~ Message Page 10f3 . . Kucmerowski, Carolanne From: Harden, David Sent: Tuesday, April 19, 20051:19 PM To: Kucmerowski, Carolanne Subject: FW: Mayor Bill Brooks' Special Request for a Proclamation from Your City designating Mayas Neurofibromatosis Awareness Month Importance: High The Mayor has asked to add this to the May 3 agenda -----Original Message----- From: Bill Brooks [mailto:bbrooks@eed-inc.com] sent: Monday, April 18, 2005 8:33 PM To: 'Bill Jonson'; Harden, David; 'David Santiago'; 'DeborahMartohue'; 'Donald Jacobovitz'; 'Edward Portner'; 'EllenPosivach'; 'Elmon Lee Garner'; 'Frances Wittkopf; 'GayGentry'; 'George Pedlar'; 'Glenda Glover'; 'Gloria Raso Tate'; 'Jean Monestime'; 'Joy Cooper'; 'ken cohen'; 'KennethParker'; 'Lee Feldman'; 'Mariette SaintViI'; 'MattyMattioli'; 'Mike Anderson'; 'R. Duke Nelson'; 'RhondaCalhoun'; 'Robert Levy'; 'Thomas Wenham'; 'TimothyHolmes'; 'Tommy McDonald'; 'Vanessa Carusone'; 'Carlton Moore'; 'greg oravec'; 'Jeanette Fenton (E- mail)'; 'LauraFales (E-mail)'; 'Linda Mccorkle (E-mail)'; 'Mark Huey(E-mail)'; 'Maxine Sing (E-mail)'; 'Michael S. Blake (E-mail)'; 'Patrice Wilson (E-mail)'; 'Vince Pardo (E-mail)' Subject: Mayor Bill Brooks' Special Request for a Proclamation from Your City designating Mayas Neurofibromatosis Awareness Month Importance: High Greetings Fellow Florida League of Cities Members and FLC TUA Committee Members, Let me reintroduce myself to you. I am Bill Brooks, Mayor of Belle Isle, Florida and current Chairman of the Florida League of Cities Transportation and Urban Administration Committee. But my communication to you is purely personal in nature. I am requesting you to issue a proclamation designating Mayas Neurofibromatosis Awareness Month in support of a cause near and dear to my heart- the Children's Tumor Foundation and the search for a cure to the disease Neurofibromatosis (NF). Please allow me to provide this personal "tie-in" to this Proclamation request. My incredible 4 year old daughter has NF and I am trying to raise awareness of this genetic disease for the Children's Tumor Foundation, which is a non-profit 501 (c)(3) medical foundation, dedicated to improving the health and well being of individuals and families affected by neurofibromatosis (NF). I have attached a Microsoft Word file of the sample proclamation to make it as simple as possible. May has been recognized nationally as the official month for this recognition, so we would really appreciate everything you can do to get this onto a May agenda. I promise I'll get started sooner next year! What Is NF? NF today affects over 100,000 Americans and is more prevalent than Cystic Fibrosis, Duchene Muscular Dystrophy and Huntington's Disease combined. Neurofibromatosis causes tumors to grow along various types of nerves and, in addition, can affect the development of bones and skin. NF causes tumors to grow anywhere on or in the body. It also leads to developmental abnormalities, such as a higher incidence of learning disabilities. For more info, go to 4/19/2005 Message Page 2 of3 . www.ctf.org I want to thank the following fantastic people who have already committed to issuing their cities' proclamations declaring Mayas Neurofibromatosis (NF) Awareness Month on behalf of the Children's Tumor Foundation: John Land, Apopka, FL Richard Kaplan, Margaret Bates and Lee Mirsky, Lauderhill FL Haywood G. "Butch" Bundy and John Drago, Longwood, FL Bob Goff, Casselberry, FL John Peyton, Jacksonville, FL Gary Bruhn, Windermere, FL Glenn Sangiovani, St. Cloud, FL Scott Vandergrift, Ocoee, FL Kathy Stark, Oakland, FL Ernest Page, Orlando, FL As a small town Mayor, I have been blessed to be a member of FLC's TUA Policy Committee. This not only allows me to try to improve our state, but also grants me access to other leaders around the state, and through you, the general public to raise awareness for this cause. 50 please join me and others in sponsoring a proclamation in your city to designate Mayas Neurofibromatosis Awareness Month. On behalf of my family, the Children's Tumor Foundation and the more than 100,000 Americans with NF, we thank you for your consideration of a proclamation. Raising awareness is an important step toward a cure to NF. With Sincere Gratitude, Bill Brooks Mayor, Belle Isle, Florida Ph. 407.650.0006 Fax 407.648.8338 Cell 407-947-5025 P.5. If you are able to assist please send a copy of your proclamation to: Bill Brooks Volunteer NF Proclamation Coordinator 940 N. Ferncreek Avenue Orlando, FL 32803 The Children's Tumor Foundation will gladly place an acknowledgement of your 4/19/2005 Message Page 3 of3 . proclamation on our website (www.ctf.org) and will frame and post all proclamations in the Foundation headquarters in New York City. *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 4/19/2005 . . fj>wdamati.øn Recognition of Neurofibromatosis Awareness Month - May 2005 Whereas, The Chlldren's Tumor Foundation is observing Mayas National Neurofibromatosis (NF) Awareness Month to inform the publIc about this common genetIc disorder; and Whereas, NeurofibromatosIs is more prevalent than Cystic Fibrosis, Duchenne Muscular Dystrophy, and Huntington's DIsease combined; and Whereas, Over 100,000 Americans have NF and one of every 4,000 newborns will develop the disorder, it nevertheless is relatively unknown to the public; and Whereas, NF causes tumors to grow along nerves throughout the body, and can affect the development of other parts of the body, such as bone and skin tumors, bone deformities such as scoliosis of the spine; leg bowing and/or twIsting, progressive loss of hearing, sight and balance; learning disabilities; and other symptoms; and Whereas, The Children's Tumor Foundation promotes and supports research aimed at finding the causes of the disorder and developing treatments and a cure, provides information to people with NF, informs the public about the disorder, and IS a resource for medIcal and health professIOnals; and Whereas, While researchers have identIfied the genes that cause NF, much remains to be done to raise awareness and funding to develop methods of prevention, treatment and a cure; and the Children's Tumor Foundation (www.ctf.org, 800-323-7938) leads the efforts in thIS regard; Now Therefore, I, , Mayor of the City of in recognition of this important initiative, do hereby proclaim the month of May, 2005 In the City of as "Neurofibromatosis Awareness Month" IN WITNESS WHEREOF, I hereunto have set my hand and caused the Seal ofthe City of to be affixed this _ day of May 2005. Mayor ArrEST: Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtpv 1 SUBJECT: AGENDA ITEM # ~~ - REGULAR MEETING OF MAY 3.2005 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION DATE: APRIL 29, 2005 This is before the City Commission to ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting on April 21, 2005. By a vote of 8 to 0, the SCRWTD Board approved the following: · Authorization to sign the Interlocal Agreement for the delivery and use of reclaimed irrigation water with Delray Beach. Effective when Delray Beach begins receiving reclaimed water. · Authorization for the Chairman to sign the Interlocal Agreement for the delivery and use of reclaimed water with Boynton Beach. Effective as of October 1, 2005. By a vote of 7 to 0, the SCRWTD Board approved the following: · Authorization for Chairman to sign the modified agreement dated 03/16/05 with Solid Waste Authority for South Central to participate in the construction and operation of the biosolids pelletization project. Construction cost of $6,195,683 to be split 50/50 from each City's capital funds. Recommend ratification of the action approved by the SCRWTD Board on April 21, 2005. S:\Clty Clerk\agenda memos\.SCRWID Board Action of 042105 RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 21, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 21, 2005 by a vote of 8-0, approve AUTHORIZATION TO SIGN THE INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED IRRIGATION WATER WITH DELRA Y BEACH. EFFECTIVE WHEN DELRA Y BEACH BEGINS RECEIVING RECLAIMED WATER. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney · INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED IRRIGATION WATER TIDS AGREEMENT entered into between SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, with a mailing address of1801 North Congress Avenue, Delray Beach, Florida 33445, hereinafter called "BOARD," and the CITY OF DELRA Y BEACH, a Florida municipal corporation, with a mailing address of 100 N.W. First Avenue, Delray Beach, Florida 33444, hereinafter called "DELRAY BEACH." WIT N E SSE T H: \VHEREAS, BOARD maintains and operates an area-wide Wastewater Treatment System which is capable of producing reclaimed water which may be used for productive and beneficial purposes for agricultural and urban irrigation in accordance with local, state and federal guidelines; and WHEREAS, the BOARD is a Special District created by Interlocal Agreement between DELRA Y BEACH and the City of Boynton Beach for the purpose of treating wastewater produced by the customers of DEL RAY BEACH and the City of Boynton Beach, as well as producing reclaimed water therefrom and distributing the same to DELRA Y BEACH and the City of Boynton Beach for redistribution to their customers; and 'WHEREAS, BOARD agrees to deliver reclaimed water and DELRA Y BEACH agrees to receive and beneficially use this reclaimed water for the purposes set forth in this Agreement; and 'WHEREAS, local governments are encouraged to implement programs for the use of reclaimed water by the State of Florida; and WHEREAS, BOARD has determined to assist the citizens of the BOÞJU)'s regional area who utilize large quantities of groundwater by making available reclaimed water as an alternative source of water supply; and 'WHEREAS, BOARD operates a reclaimed water program approved by the Department of Environmental Protection. NOW THEREFORE, based upon the foregoing, the parties agree to the following terms and conditions: 1. TERM OF AGREEMENT, COSTS AND METERING BOARD shall deliver and DELRA Y BEACH shall accept and use reclaimed water to fulfill their irrigation needs, produced by BOARD at the South Central Regional Wastewater Reclaimation Plant unless the flow is unavailable. Such water shall be delivered to location( s), hereinafter the "delivery point," as described in Exhibit "A." BOARD shall perfonn its obligations of delivery of reclaimed water and DELRA Y BEACH shall perfonn its obligation of acceptance of such water as herein provided. (a) This Agreement shall be effective until tenninated by either party. (b) The BOARD will make available to DELRA Y BEACH up to fifty percent (50%) of the reclaimed water produced by the Regional Facility. (c) DELRA Y BEACH will pay to the BOARD a monthly consumption charge which will be adjusted annually effective October 1 of each year based upon the rate set by the BOARD. Notwithstanding the foregoing, in order to meet the fixed overload of the reuse system during the initial year of operation, DELRA Y BEACH, the BOARD and the City of Boynton Beach each will need to guarantee a minimum purchase per month. Accordingly, DELRA Y BEACH agrees to pay a minimum ofFoUT Thousand Thirty Dollars -2- ($4,030.00) per month regardless of the consumption charge for the volume of reclaimed water actually received being lower than minimum purchase during the first year of this Agreement, with the minimum purchase to be adjusted annually thereafter by the parties. To the extent that the BOARD shall incur a deficit in its reclaimed water revenues compared to the cost of producing same, DELRAY BEACH agrees to pay to the BOARD fifty percent (50%) of such deficit. (d) DELRA Y BEACH acknowledges that the BOARD has other large users of reclaimed water, which currently have contracts with the BOARD. The BOARD will supply its reclaimed water customers based on their contract priority and their beneficial use of the water should a shortfall of supply occur. 2. USE OF RECLAIMED WATER: RESPONSIBILITY FOR IRRIGATION SYSTEM (a) DELRA Y BEACH shall use reclaimed water delivered by the BOARD for irrigation or for other non-potable purposes in any manner detennined by DELRA Y BEACH, except that use, application and discharge of reclaimed water shall comply with local, state, and federal regulations. (b) DELRA Y BEACH shall be solely responsible for the operation and maintenance of all portions ?fthe distribution and irrigation system located within the subject property boundaries specified in Exhibit "A," attached herewith. 3. WATEROUALITY BOARD agrees that reclaimed water delivered under this Agreement shall meet or exceed the requirements of Chapter 62-610, Part ill, Florida Administrative Code and the -3- standards set forth in Exhibit ''B.'' 4. VOLUME OF DELNERY The normal operating pressure range for the reclaimed water system is between 50 psi and 70 psi. The BOARD will make every effort to deliver reclaimed water at a minimum pressure of 60 psi at point of delivery. Should DELRA Y BEACH wish to alter the reclaimed water operating delivery pressure, it shall be DELRA Y BEACH'S sole responsibility to furnish and install a pressure reducing valve or booster pump on the property side of the meter service. Reclaimed water shall be delivered by the BOARD to only one delivery point as mutually determined by the BOARD and DELRA Y BEACH. DELRA Y BEACH will be responsible for distribution on its property beyond said point. DELRA Y BEACH hereby provides a license to the BOARD to enter on DELRA Y BEACH'S property for the purposes of access to monitoring wells, if applicable for inspection, and to determine compliance of the use of reclaimed water of the distribution system. The BOARD will, at its expense, construct, operate, and maintain the transmission lines to the delivery point. DELRA Y BEACH shall not request more reclaimed water than can be beneficially used by DELRA Y BEACH. 5. DELIVERY OF RECLAIMED WATER UNDER ADVERSE CONDITIONS Unforeseen circumstances may necessitate modification of normal delivery of reclaimed water. If BOARD'S system or DELRAY BEACH'S transmission or distribution system fails for reasons or events beyond either party's control; then, delivery of reclaimed water under this Agreement may be interrupted or limited in quantity. The BOARD and DELRA Y BEACH shall make all reasonable efforts to make prompt repairs to its respective -4- system. Each party shall be obligated to the other to provide immediate oral notice of such failures so that alternate systems may be put into operation as soon as possible. Nothing in this agreement shall require the interconnection of the South Central Regional Wastewater Reclaimation Plant to provide additional flow to DELRA Y BEACH. 6. TEMPORARY SUSPENSION OF DELIVERY The BOARD may suspend delivery of reclaimed water should the quality of the reclaimed water exceed any of the parameters for water quality shown on Exhibit "B." Nothing in this Agreement shall prevent DELRA Y BEACH from keeping a permitted backup supply to replace this reclaimed water should it become unavailable for whatever reason. 7. OPERATION AND MAINTENANCE PRACTICES DELRA Y BEACH will apply reclaimed water in accordance with all appropriate local, state, and federal rules and regulations. Irrigation practices are to be limited to those areas permissible by the Department of Environmental Protection and identified in Exhibit "A" of the Agreement. Reclaimed water irrigation systems shall protect human health and the environment; which includes, but is not limited to, the following: (a) DELRA Y BEACH shall install Reclaimed Water advisory signs as appropriate. The signs shall be installed and properly maintained by DELRA Y BEACH around sites utilizing reclaimed water to designate the nature of the water and its non-potability. In compliance with applicable rules and the following items: Property access points Along road frontage Along adjoining residential usage -5- For (Spanish) speaking employees - use sign in Spanish For golf courses - sign at first and tenth tee (b) DELRA Y BEACH will take reasonable precautions to clearly identify reclaimed water irrigation systems to prevent inadvertent human consumption. (c) DELRA Y BEACH shall ensure that no cross-connections are made between the reclaimed water system and other water systems, which includes the installation of backflow prevention devices on the potable water system; and on existing wells that are to remain connected for either potable water usage or for irrigation system purposes. The installation ofbackflow devices shall adhere to DELRA Y BEACH'S (use), as amended. DELRA Y BEACH shall be responsible for ensuring the installation of the required backflow preventing devices. (d) DELRA Y BEACH shall take reasonable precautions to inform its employees, agents, residents, and invitees of the reclaimed water system, to prevent inadvertent human consumption. In addition, if applicable, DELRA Y BEACH shall infonn all existing residents and new residents regarding the proper use of reclaimed water. (e) All costs fór operating and maintaining DELRAY BEACH'S irrigation distribution system shall be paid by DELRA Y BEACH. 8. MONITORING (a) DELRA Y BEACH shall give its approval to the BOARD to conduct soil borings and locate monitoring wells, if applicable, on the property in areas agreeable to DELRA Y BEACH so as not to interfere with DELRA Y BEACH'S operations. These -6- monitoring wells shall be installed and sampled at periodic intervals by the BOARD, at its option. (b) The BOARD shall be responsible for all pennits to install monitoring wells and responsible for abandonment of the well should it no longer be necessary for monitoring. 9. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS If for any reason during the term of this Agreement, governmental agencies shall fail to issue necessary pennits, grant necessary approvals, or shall require any change in the operation of the treatment, transmission and distribution systems or the application and use of reclaimed water by DELRA Y BEACH, then to the extent that such requirements shall affect the ability of any party to perform any of the terms of this Agreement, the affected party shall be excused from performance thereof and this Agreement shall be amended by the parties hereto in conformity with such permits, approvals, or requirements. If continued performance of the Agreement is not possible, the Agreement shall be terminated. 10. TERMINATION OF AGREEMENT Either party shall have the right to terminate this Agreement upon sixty (60) days written notice to the other party. 11. DISCLAIMER OR REPRESE}.¡T'f ATION ~1\ID WARRANTIES The BOARD does not represent or warrant that the reclaimed water delivered shall increase the productivity of the land described in Exhibit "A" nor result in changes of any kind to the land, crops or vegetation. -7- - ----- 12. NOTICES All notices required or authorized under this Agreement shall be given in writing and shall be delivered by U.S. Mail or by hand delivery to the party or parties, addressed as follows: City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 With a copy to: City Attorneys' Office 200 N.W. First Avenue Delray Beach, FL 33444 South Central Regional Wastewater Treatment & Disposal Board 1801 North Congress Avenue Delray Beach, FL 33445 With a copy to: Robert W. Federspiel, P.A. Spinner, Dittman, Federspiel & Dowling, LLP 151 N.W. First Avenue Delray Beach, FL 33444 13. INSPECTION The BOARD shall have the right when reasonably necessary to allow BOARD employees or agents to enter upon the subj ect property to review and inspect DELRA Y BEACH'S operating practices, to inspect meters, irrigation equipment, monitoring wells, potential cross connections, flowage, and the like, as they relate to this Agreement. -8- , 14. HOLD HARMLESS To the extent permitted by law, DELRAY BEACH shall hold the BOARD, its agents, employees, assigns, contractors or subcontractors hannless for any damage caused by the BOARD'S inability to deliver water to the delivery point or for damage which occurs as a result of the quality of the reclaimed water so long as it meets the standards outlined in paragraph 3. 15. DISCLAllv.ŒR OF THIRD PARTY BENEFICIARIES This Agreement is solely for the benefit of the parties hereto and no right or cause of action shall accrue to, by reason hereof, or for the benefit of any third party not a party hereto. 16. SEVERABILITY If any part ofthis Agreement or any application thereof to any person or circumstance is declared invalid for any reason, then such part, section, subsection, or other portion, or the prescribed application thereof, shall be severable and the remaining provisions of this Agreement, and all applications thereof not having been declared invalid, shall remain in effect. 17. APPLICABLE LAW This Agreement shall be construed according to the laws of Florida and any action regarding this Agreement shall be filed in the Fifteenth Judicial Circuit in and for Palm Beach County. 18. EXHIBITS AND ADDENDUM This Agreement incorporates the following exhibits and addendum which -9- < . are specifically made a part hereof. Exhibit "A" - Legal Description of Property and Map of the Property Exhibit "B" - Reclaimed Water Quality Parameters THIS WRITING (with Exhibits "A" and ''B'') constitutes the entire Agreement between the parties and has been entered into voluntarily and with independent advice and legal counsel and has been exe~uted by the authorized representative of each party on the date written below. Modifications to and waivers of the provisions herein shall be made only in writing by the parties hereto. SIGNED AND SEALED this 2.!.-. day of A P r i 1 ,2002. SOUTH CE1\TTRAL REGIONAL W ASTEW ATER TREATMENT AND DISPOSAL BOARD BY:~ e,~¡v~ Printed Name: Mu ire. Ferguson Title: C h air per son ATTEST: By: ði2 ¡¡;p . PrintedNamet/~øl.o"..1c J ~y" Title: ~ÞCk~h- \)..........~...... 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(1"-1 UIlE) · WAlER I Baviro,aMeat.1 Engiaetrtl CANAL .J RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF April 21, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 21, 2005 by a vote of 8-0 approve AUTHORIZATION FOR THE CHAIRMAN TO SIGN THE INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED WATER WITH BOYNTON BEACH. EFFECTIVE AS OF OCTOBER 1, 2005. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED IRRIGATION WATER THIS AGREEMENT entered into between SOUTH CENTRAL REGIONAL W ASTEW ATER TREATMENT AND DISPOSAL BOARD, with a mailing address of 1801 North Congress Avenue, Delray Beach, Florida 33445, hereinafter called "BOARD," and the CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of _ , Boynton Beach, Florida , hereinafter called "BOYNTON BEACH." WIT N E SSE T H: WHEREAS, BOARD maintains and operates an area-wide Wastewater Treatment System which is capable of producing reclaimed water which may be used for productive and beneficial purposes for agricultural and urban irrigation in accordance with local, state and federal guidelines; and WHEREAS, the BOARD is a Special District created by Interlocal Agreement between BOYNTON BEACH and the City of Delray Beach for the purpose of treating wastewater produced by the customers of BOYNTON BEACH and the City of Delray Beach, as well as producing reclaimed water therefrom and distributing the same to BOYNTON BEACH and the City of Delray Beach for redistribution to their customers; and WHEREAS, BOARD agrees to deliver reclaimed water and BOYNTON BEACH agrees to receive and beneficially use this reclaimed water for the purposes set forth in this Agreement; and WHEREAS, local governments are encouraged to implement programs for the use of reclaimed water by the State of Florida; and WHEREAS, BOARD has detennined to assist the citizens of the BOARD's regional area who utilize large quantities of groundwater by making available reclaimed water as an alternative source of water supply; and WHEREAS, BOARD operates a reclaimed water program approved by the Department of Environmental Protection. NOW THEREFORE, based upon the foregoing, the parties agree to the following tenns and conditions: 1. TERM OF AGREEMENT. COSTS AND METERING BOARD shall deliver and BOYNTON BEACH shall accept and use reclaimed water to fulfill their irrigation needs, produced by BOARD at the South Central Regional Wastewater Reclaimation Plant unless the flow is unavailable. Such water shall be delivered to location(s), hereinafter the "delivery point," as described in Exhibit "A." BOARD shall perfonn its obligations of delivery of reclaimed water and BOYNTON BEACH shall perfonn its obligation of acceptance of such water as herein provided. (a) This Agreement shall be effective until tenninated by either party. (b) The BOARD will make available to BOYNTON BEACH up to fifty percent (50%) of the reclaimed water produced by the Regional Facility. (c) BOYNTON BEACH will pay to the BOARD a monthly consumption charge which will be adjusted annually effective October I of each year based upon the rate set by the BOARD. Notwithstanding the foregoing, in order to meet the fixed overload of the reuse system during the initial year of operation, BOYNTON BEACH, the BOARD and the City of Delray Beach each will need to guarantee a minimum purchase per month. -2- Accordingly, BOYNTON BEACH agrees to pay a minimum of Eighteen Thousand Six Hundred Dollars ($18,600.00) per month regardless of the consumption charge for the volume of reclaimed water actually received being lower than minimum purchase during the first year of this Agreement, with the minimum purchase to be adjusted annually thereafter by the parties. To the extent that the BOARD shall incur a deficit in its reclaimed water revenues compared to the cost of producing same, BOYNTON BEACH agrees to pay to the BOARD fifty percent (50%) of such deficit. (d) BOYNTON BEACH acknowledges that the BOARD has other large users of reclaimed water, which currently have contracts with the BOARD. The BOARD will supply its reclaimed water customers based on their contract priority and their beneficial use of the water should a shortfall of supply occur. 2. USE OF RECLAIMED WATER: RESPONSIBILITY FOR IRRIGATION SYSTEM (a) BOYNTON BEACH shall use reclaimed water delivered by the BOARD for irrigation or for other non-potable purposes in any manner detennined by BOYNTON BEACH, except that use, application and discharge of reclaimed water shall comply with local, state, and federal regulations. (b) BOYNTON BEACH shall be solely responsible for the operation and maintenance of all portions of the distribution and irrigation system located within the subject property boundaries specified in Exhibit "A," attached herewith. 3. WATER QUALITY BOARD agrees that reclaimed water delivered under this Agreement shall -3- meet or exceed the requirements of Chapter 62-610, Part III, Florida Administrative Code and the standards set forth in Exhibit "B." 4. VOLUME OF DELIVERY The normal operating pressure range for the reclaimed water system is between 50 psi and 70 psi. The BOARD will make every effort to deliver reclaimed water at a minimum pressure of 60 psi at point of delivery. Should BOYNTON BEACH wish to alter the reclaimed water operating delivery pressure, it shall be BOYNTON BEACH'S sole responsibility to furnish and install a pressure reducing valve or booster pump on the property side ofthe meter service. Reclaimed water shall be delivered by the BOARD to only one delivery point as mutually determined by the BOARD and BOYNTON BEACH. BOYNTON BEACH will be responsible for distribution on its property beyond said point. BOYNTON BEACH hereby provides a license to the BOARD to enter on BOYNTON BEACH'S property for the purposes of access to monitoring wells, if applicable for inspection, and to determine compliance of the use of reclaimed water of the distribution system. The BOARD will, at its expense, construct, operate, and maintain the transmission lines to the delivery point. BOYNTON BEACH shall not request more reclaimed water than can be beneficially used by BOYNTON BEACH. 5. DELIVERY OF RECLAIMED WATER UNDER ADVERSE CONDITIONS Unforeseen circumstances may necessitate modification of normal delivery of reclaimed water. If BOARD'S system or BOYNTON BEACH'S transmission or distribution system fails for reasons or events beyond either party's control; then, delivery of -4- reclaimed water under this Agreement may be interrupted or limited in quantity. The BOARD and BOYNTON BEACH shall make all reasonable efforts to make prompt repairs to its respective system. Each party shall be obligated to the other to provide immediate oral notice of such failures so that alternate systems may be put into operation as soon as possible. Nothing in this agreement shall require the interconnection of the South Central Regional Wastewater Reclaimation Plant to provide additional flow to BOYNTON BEACH. 6. TEMPORARY SUSPENSION OF DELIVERY The BOARD may suspend delivery of reclaimed water should the quality of the reclaimed water exceed any of the parameters for water quality shown on Exhibit "B." Nothing in this Agreement shall prevent BOYNTON BEACH from keeping a permitted backup supply to replace this reclaimed water should it become unavailable for whatever reason. 7. OPERATION AND MAINTENANCE PRACTICES BOYNTON BEACH will apply reclaimed water in accordance with all appropriate local, state, and federal rules and regulations. Irrigation practices are to be limited to those areas permissible by the Department of Environmental Protection and identified in Exhibit "A" of the Agreement. Reclaimed water irrigation systems shall protect human health and the environment; which includes, but is not limited to, the following: (a) BOYNTON BEACH shall install Reclaimed Water advisory signs as appropriate. The signs shall be installed and properly maintained by BOYNTON BEACH around sites utilizing reclaimed water to designate the nature of the water and its non-potability. In compliance with applicable rules and the following items: -5- Property access points Along road frontage Along adjoining residential usage For (Spanish) speaking employees - use sign in Spanish For golf courses - sign at first and tenth tee (b) BOYNTON BEACH will take reasonable precautions to clearly identify reclaimed water irrigation systems to prevent inadvertent human consumption. (c) BOYNTON BEACH shall ensure that no cross-connections are made between the reclaimed water system and other water systems, which includes the installation of back flow prevention devices on the potable water system; and on existing wells that are to remain connected for either potable water usage or for irrigation system purposes. The installation of back flow devices shall adhere to BOYNTON BEACH'S (use), as amended. BOYNTON BEACH shall be responsible for ensuring the installation of the required backflow preventing devices. (d) BOYNTON BEACH shall take reasonable precautions to infonn its employees, agents, residents, and invitees of the reclaimed water system, to prevent inadvertent human consumption. In addition, if applicable, BOYNTON BEACH shall infonn all existing residents and new residents regarding the proper use of reclaimed water. (e) All costs for operating and maintaining BOYNTON BEACH'S irrigation distribution system shall be paid by BOYNTON BEACH. 8. MONITORING (a) BOYNTON BEACH shall give its approval to the BOARD to conduct soil borings and locate monitoring wells, if applicable, on the property in areas agreeable -6- to BOYNTON BEACH so as not to interfere with BOYNTON BEACH'S operations. These monitoring wells shall be installed and sampled at periodic intervals by the BOARD, at its option. (b) The BOARD shall be responsible for all permits to install monitoring wells and responsible for abandonment of the well should it no longer be necessary for monitoring. 9. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS If for any reason during the term of this Agreement, governmental agencies shall fail to issue necessary permits, grant necessary approvals, or shall require any change in the operation of the treatment, transmission and distribution systems or the application and use of reclaimed water by BOYNTON BEACH, then to the extent that such requirements shall affect the ability of any party to perform any of the terms of this Agreement, the affected party shall be excused from performance thereof and this Agreement shall be amended by the parties hereto in conformity with such permits, approvals, or requirements. If continued performance of the Agreement is not possible, the Agreement shall be terminated. 10. TERMINATION OF AGREEMENT Either party shall have the right to terminate this Agreement upon sixty (60) days written notice to the other party. II. DISCLAIMER OR REPRESENTATION AND WARRANTIES The BOARD does not represent or warrant that the reclaimed water delivered shall increase the productivity of the land described in Exhibit "A" nor result in changes of any kind to the land, crops or vegetation. -7- 12. NOTICES All notices required or authorized under this Agreement shall be given in writing and shall be delivered by U.S. Mail or by hand delivery to the party or parties, addressed as follows: City of BOYNTON BEACH Boynton Beach, FL 33444 With a copy to: City Attorneys' Office Boynton Beach, FL 33444 South Central Regional Wastewater Treatment & Disposal Board 1801 North Congress Avenue BOYNTON BEACH, FL 33445 With a copy to: Robert W. Federspiel, P.A. Spinner, Dittman, Federspiel & Dowling, LLP 151 N.W. First Avenue BOYNTON BEACH, FL 33444 13. INSPECTION The BOARD shall have the right when reasonably necessary to allow BOARD employees or agents to enter upon the subject property to review and inspect BOYNTON BEACH'S operating practices, to inspect meters, irrigation equipment, monitoring wells, potential cross connections, flowage, and the like, as they relate to this Agreement. -8- 14. HOLD HARMLESS To the extent pennitted by law, BOYNTON BEACH shall hold the BOARD, its agents, employees, assigns, contractors or subcontractors harmless for any damage caused by the BOARD'S inability to deliver water to the delivery point or for damage which occurs as a result of the quality of the reclaimed water so long as it meets the standards outlined in paragraph 3. 15. DISCLAIMER OF THIRD PARTY BENEFICIARIES This Agreement is solely for the benefit of the parties hereto and no right or cause of action shall accrue to, by reason hereof, or for the benefit of any third party not a party hereto. 16. SEVERABILITY If any part of this Agreement or any application thereof to any person or circumstance is declared invalid for any reason, then such part, section, subsection, or other portion, or the prescribed application thereof, shall be severable and the remaining provisions of this Agreement, and all applications thereof not having been declared invalid, shall remain in effect. 17. APPLICABLE LAW This Agreement shall be construed according to the laws of Florida and any action regarding this Agreement shall be filed in the Fifteenth Judicial Circuit in and for Palm Beach County. 18. EXHffiITS AND ADDENDUM This Agreement incorporates the following exhibits and addendum which -9- · are specifically made a part hereof. Exhibit "A" - Legal Description of Property and Map ofthe Property Exhibit "B" - Reclaimed Water Quality Parameters THIS WRITING (with Exhibits "A" and "B") constitutes the entire Agreement between the parties and has been entered into voluntarily and with independent advice and legal counsel and has been executed by the authorized representative of each party on the date written below. Modifications to and waivers of the provisions herein shall be made only in writing by the parties hereto. SIGNED AND SEALED this --2...L day of A p r i 1 , 200s-. SOUTH CENTRAL REGIONAL W ASTEW ATER TREATMENT AND DISPOSAL BOARD BY:~ (-~f'-d~ Printed Name:,t\.t tI IÆ... C. ,,::: ,!;:... 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J _ _ .\r ~ i~'{__,' ,/-;:J \l\1 \ _1'['"__-. .- :';'-~ 8~;~~J i-:'V V i ~<F !,~ . -{,' 7"'?'íi ÿ! ï ~_,iU ~ ~~-- - ~ ~¡p ~ 0 . c-,~ ,---/ '¡ L.- '_ ~ " '-..). _ _ _~_I_ ~ j - 1_ -i=::: r.... ~1ii:~ ¡II /-_Ct;T~ ì~__/j ")1 f-II~ .'; ':: _ ,,~-:-:-:__~.'~ _ ,. _ > ¡II \~. -,II I j I L_..J I l, I=Um- ~ . ?9UTH.,cENTRAL REGIONAL M """--....... ¡. . ~ ~ASTEWAJER ::tREATMENT :t,ACIUT'r' ~ AT HE W S 1"=5'80 iii GOLF COURSE ¡g RECLAIMED WA1ÉR SmVléE AREA CONSUJ;.TlNG INC. ('"_I MILE) . WATER ,_ _ _ , ., __I:... _ ~ ~ . B.yuoaacatd BD.1.~lCIn CANAL RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 21, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 21, 2005 by a vote of 7-0, approve AUTHORIZATION FOR CHAIRMAN TO SIGN THE MODIFIED AGREEMENT DATED 03/16/05 WITH SOLID WASTE AUTHORITY FOR SOUTH CENTRAL TO PARTICIPATE IN THE CONSTRUCTION AND OPERATION OF THE BIOSOLlDS PELLETIZATION PROJECT. CONSTRUCTION COST OF $6,195,683 TO BE SPLIT 50/50 FROM EACH CITY'S CAPITAL FUNDS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney ·. ~ . [IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE 200]\;W 1st AVENUE' DELRAY BEACH. FLORIDA 33444 TELEPHONE 561/243-7090· FACSIMILE 561/278-4755 DELRA Y BEACH Writer's Direct Line' 561/243-7091 F l 0 . I D " ........ AIoAmlrlca City ~1Ir, MEMORANDUM DATE: April 22, 2005 TO: City Commission David Harden, City Manager ~~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Riaht of Entry Aareements and Easement Deeds for Hiahpoint The attached right of entry agreements will allow the City to go onto certain common areas of High Point West Sections 2 & 3 in order to install a water main to increase the current fire flow capacity to those sections. The attached easement deeds will allow the City the ability to maintain the installed water main. Our office requests that this item be placed on the May 3, 2005 City Commission agenda. Please call if you have any questions. Attachments cc: Chevelle Nubin, City Clerk Dan Beatty, Dep. Director of Public Utilities )Sß · RIGHT OF ENTRY AND LICENSE AGREEMENT FOR UTILITY CONSTRUCTION THIS AGREEMENT entered into this /ð~day of ))jltl/31- /' , ,1éJ L/S, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY), and HIGH POINT OF DELRA Y WEST CONDOMINIUM ASSOCIATION SECTION 2, INC. referred to as (OWNER), provides as follows: WHEREAS, the CITY desires to install 180' of 8" water-main pipes, and; WHEREAS, the CITY has determined that the improvements are necessary to protect the public health, safety, and welfare, and; WHEREAS, in order to complete said utility construction it is necessary for the CITY to enter upon and perform various storage and construction tasks on the property described in Exhibit "A" and; WHEREAS, as part of this project, the CITY is willing to restore the OWNER'S land, property, facilities and/or vegetation to its original condition upon completion of the project. NOW, THEREFORE, in witness of the above and in consideration of the CITY agreeing to conduct the aforesaid utility construction and/or modifications, and to restore the property to its original condition, and for other good and valuable consideration in hand received, OWNER hereby grants unto the CITY, their employees, agents, contractors, sub-contractors, and/or assigns the license and right to enter upon said land of OWNER for the purpose of conducting utility construction or modifications. 1. The above stated recitals are incorporated herein as if fully set forth herein. 2. It is agreed that the City, or its contractor, has the right to enter upon the property and instalVconstruct the utility in the area described in Exhibit "A". It is further agreed that the City or the City's contractor shall restore the property to its original condition after the installation of the utilities. The Parties to this agreement shall each be responsible for their own negligence. 3. It is further agreed that the license and rights granted herein shall cease upon completion and finalization of the contract upon which said construction is perfonned. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ,/ t:/jH;J ')// ¡ ~, OWNER! ENT ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Form: City Attorney ~" 12' CONS'IRUCTION EASEMENT ~~t ~~+- A PARCEL OF LAND LYING WITHIN TIIE SOUTIIEAST ONEQUARTER (SE 1/4) OF TIIE NORTIIWEST ONEQUARTER (NW 1/4) OF TIIE SOUTHEAST ON&QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 46 S., RANGE 42 E., CI'IY OF DELRAY BEACH PALM BEACH COUN'IY, FLORIDA DESCRIPTION, A PARCEL OF LAND LYING WInnN TIIE SOUTIIEAST ONEQUARTER (SE 1/4) OF TIIE NORTHWEST ONE- QUARTER (NW 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 46 S., RANGE 42 E., CI'IY OF DELRAY BEACH PALM BEACH COUN'IY, FLORIDA, BEING MORE PARTICUlARLY DESCRIBED AS FOLLOWS, AN EASEMENT BEING 12.00 FEET IN WIDTH LYING 6.00 FEET TO TIlE LEFT AND 6.00 FEET TO TIlE RIGHT OF TIlE FOLLOWING DESCRIBED CENTERLINE OF EASEMENT, (TIlE SIDES OF SAID EASEMENT SHOULD BE LENG1HENED AND/OR SHORTENED AS TO FORM A CONTINUOUS EASEMEN'I): COMMENCING AT TIIE INTERSECTION OF TIlE WEST LINE OF TIlE SOUTHEAST ONEQUARTER (SE 1/4) OF TIIE NORTHWEST ONE- QUARTER (NW 1/4) OF THE SOUTHEAST ONEQUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 46 SOUTIl, RANGE 42 EAST, WI1H TIlE APPARENT NOR1H RIGHT OF WAY LINE OF ATI.ANTIC AVENUE; TIlENCE S89°41'41"W ALONG THE SAID NOR1H RIGHT OF WAY LINE OF ATI..ANTlC AVENUE AS SHOWN ON mAT PIAN AND PROFILE FOR ATI..ANTlC AVENUE PREPARED BY PALM-BEACH COUN1Y ENGINEERING DEPARTMENT UNDER DRAWING #88-540A DATED 03-90, FOR A DISTANCE OF 163.28 FEET TO TIlE POINT OF BEGINNING OF TIIE FOLLOWING DESCRIBED CENTERLINE OF EASEMENT; TIIENCE Nooo08'51"W FOR 129.00 FEET; 1HENCE N44° 51'09"E FOR 8.50 FEET; THENCE Nooo08'51"W FOR 30.00 FEET TO TIIE POINT OF TERMINATION OF 1HIS CENTERLINE OF EASEMENT. SAID LANDS SI'TIJATE WI1HIN TIlE CITY OF DELRAY BEACH, PALM BEACH COUN1Y, FLORIDA. NOTES: 1) 1HIS SKETCH AND LEGAL DESCRIPTION DOES Nor REPRESENT A BOUNDARY SURVEY ('TInS IS Nor A SURVEY"). 2) BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON 1HE WEST RIGHT-OF·WAY LINE OF MILITARY TRAll.. HAVING A BEARING OF SOOO41'20"E. 3) Nor VALID Wl1HOUTTIIE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED SURVEYOR. 4) 1HIS SKETCH AND LEGAL DESCRIPTION WAS Nor ABSTRACTED FOR EASEMENTS AND/OR RIGHTS OF WAY OF RECORD aIHER TIiAN SHOWN HEREON. 5) RECORD INFORMATION SHOWN HEREON WAS TAKEN FROM RECORD PlATS OBTAINED FROM 1HE PUBliC RECORDS OF PALM BEACH COUNTY. DATED: JULY 12, 2004 (WO 15344) SHEET 1 OF 2 SHEETS FILE NO. 04-153#SS 3 , Heller-Weaver and'Sheremeta, Inc. -~- Engineers ... Surveyors... Planners 310 Southeast First Street. Suite Four, Dekay Beach. Florida 33483 I Phone (561) 243-8700. Fax (561) 243-8777 · , ' 12' CONSTRUCTION EASEMENT .. A PARCEL OF lAND LYING WITIlIN THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 46 S., RANGE 42 E. CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA -e~ ~ ~ SCALE: ~80' I POINT OF _________rowm~~_~! WEST UNE OF SourHEAST ONE-QUARrER l (I (SE 1/4) OF THE NORTHWEST ONE-QUARTER . (NW 1/4) OF SOUTHEAST ONE-QUARÆR (SE 1/4) . OF SECTION 14, TOWNSHIP 46 S, RANGE 42 E. Þ I HIGH POINT OF DELRA Y WEST -. <o:t- 01' CONDOMINIUM SECTION 2 ~I N44'51 '09-E 8.50' QQ. C\ ~ gl ~ POINT OF (0 ::s ÆRMINATION l_~______________ ~ (,) - - ---Wf- ¡::: ~-- -r--Ñõ~õã~~~ ---- ~ CENÆRUNE OF (0 129.00 ~ 12' CONSTRUCTION EASEMENT ~ POINT OF I. BEGINNING 60' I LEGEND: I I rt. - CENrER LINE o~~~~1 RIW - RIGHT-OF-WAY ~ lIJ~¡::~~~O . ::) ~ !.A.J 0) ~i3Q.::S)...l&.iQ I . I ~:> I- ~ III ~ Q:: :3 I <C(:C( Q~L.LJ ;I:U~O:::l&.iL.LJQê ¡..;;¡:: 00::: ~ . ~~~I.I:.~ì=::)~ . I ~::S ollJ L.LJ~ 1-0 ¡";;z;:::!Q::::)~· I I- <C( 3:: La: Q. 0 l&.i ~ ~""'O~lIJu~~ O:::O::X:Q..::)::x:O:::IO . I ~lIJ(/} ~U~ I . Q.. ~ (/}Q ~LS L.LJCX! L.B. NO. 0CI03U9 <C( :J <C( ~ <C( III Q ~ I Heller - 'eaver and SheremetJ, inc. I Engineers ... Surveyors ... Planners I I SHEET 2 OF 2 SHEETS FILE NO. 04-15344-554 - , RIGHT OF ENTRY AND LICENSE AGREEMENT FOR UTILITY CONSTRUCTION THIS AGREEMENT entered into this ;) Ò day of ~~~ Z-OdY, by and , between the CITY OF DELRA Y BEACH, a Florida municipal corporation, (hereinafter referred to as CITY), and High Point West. Section Three referred to as (OWNER), provides as follows: WHEREAS, the CITY is desires to complete the utility construction and/or modifications indicated on Exhibit "A", attached hereto and incorporated herein, and; WHEREAS, the CITY has determined that the improvements are necessary to protect the public health, safety, and welfare, and; WHEREAS, in order to complete said utility construction it is necessary for the CITY to enter upon and perform various storage and construction tasks on the property described in Exhibit "A", and; WHEREAS, as part of this project, the CITY is willing to restore the OWNER'S land, property, facilities and/or vegetation to its original condition upon completion of the project. NOW, THEREFORE, in witness of the above and in consideration of the CITY agreeing to conduct the aforesaid utility construction and/or modifications, and to restore the property to its original condition, and for other good and valuable consideration in hand received, OWNER hereby grants unto the CITY, their employees, agents, contractors, sub- contractors, and/or assigns the license and right to enter upon said land of OWNER for the purpose of conducting utility construction or modifications. Page 1 of 3 · 1. The above stated recitals are incorporated herein as if fully set forth herein. 2. It is further agreed that for the previously referenced consideration, OWNER hereby releases and holds the CITY harmless from any damages that result or might result to OWNER'S property as a result of the CITY, the employees, agents, contractors, sub- contractors and/or assigns coming upon said land for the purposes previously stated. This paragraph shall apply except in cases of negligence, gross negligence or intentional acts of destruction which may occur during the utility construction. 3. It is further agreed that the license and rights granted herein shall cease upon completion and finalization of the contract upon which said construction is performed. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. , '-n...-ð -17;~~T 'A!..v,-z L./ r ~ ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Form: City Attorney Page 2 of 3 " . 12' CONSTRUCTION EASEMENT A PARCEL OF lAND LYING WI'IHIN 1HE SOUTIIEAST ONE-QUARTER $XNIBJT :.t If (SE 1/4) OF 1HE SOUTHEAST ONE-QUARTER (SE 1/4) OF 1HE SOUTIIEAST ONE-QUARTER (SE 1/4) OF SECTION 11, TOWNSHIP 46 S., RANGE 42 E., CI1Y OF DELRAY BEACH PALM BEACH COUN1Y, FLORIDA DESCRIPTIONs A PARCEL OF lAND LYING WI'IHIN 1HE SOUTHEAST ONE-QUARTER (SE 1/4) OF 1HE SOU1HEAST ONE- QUARTER (SE 1/4) OF 1HE SOUTIlEAST ONE-QUARTER (SE 1/4) OF SECTION 11, TOWNSHIP 46 S., RANGE 42 E., CI1Y OF DELRAY BEACH PALM BEACH COUN'IY, FLORIDA, BEING MORE PARTICUIARLY DESCRIBED AS FOLLOWSI AN EASEMENT BEING 12.00 FEET IN wmTIl LYING 6.00 FEET TO mE LEFT AND 6.00 FEET TO TIlE RIGHT OF TIlE FOLLOWING DESCRIBED CENTERLINE OF EASEMENT, (mE SIDES OF SAID EASEMENT SHOULD BE LENGTHENED AND/OR SHORTENED AS TO FORM A CONTINUOUS EASEMEN'D: COMMENCE AT mE SOUTHEAST CORNER OF LOT 42, MILITARY RIDGE, ACCORDING TO mE PlAT 1HEREOF RECORDED IN PlAT BOOK 23 AT PAGE 242 OF TIlE PUBLIC RECORDS OF PALM BEACH COUN1Y, FLORIDA; TIIENCE RUN 8OO041'2O"E ALONG 1HE WEST RIGHT OF WAY LINE OF MILITARY TRAIL AS RECORDED IN OFFICIAL RECORDS BOOK 5808, PAGE 552 OF mE PUBLIC RECORDS OF PALM BEACH COUN1Y, FLORIDA, FOR A DISTANCE OF 269.41 FEET; TIIENCE Soo040'58"E AND CONTINUING ALONG SAID WEST RIGHT-OF·WAY LINE OF MILITARY TRAil.. FOR A DISTANCE OF 21.87 FEET TO 1HE POINT OF BEGINNING OF mE FOLLOWING DESCRIBED CENTERLINE OF EASEMENT; TIIENCE S89°56'22"W FOR 200.00 FEET TO 'IRE POINT OF TERMINATION OF TIllS CENTERLINE OF EASEMENT. SAID lANDS SITUATE WI'IHIN 1HE CI'IY OF DELRAY BEACH, PALM BEACH COUN'IY, FLORIDA. NOTES, 1) THIS SKETCH AND LEGAL DESCRIPTION DOES Naf REPRESENT A BOUNDARY SURVEY ("1HIS IS Nor A SURVEY"). 2) BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE WEST RIGHT-OF·WAY LINE OF MILITARY TRAIL HAVING A BEARING OF sooo41'20"E. 3) Naf VALID wrrnOUT TIlE ORIGINAL SIGNATIJRE AND RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED SURVEYOR. 4) THIS SKETCH AND LEGAL DESCRIPTION WAS Naf ABSTRACTED FOR EASEMENTS AND/OR RIGHTS OF WAY OF RECORD OTHER THAN SHOWN HEREON. 5) RECORD INFORMATION SHOWN HEREON WAS TAKEN FROM RECORD PlATS OBTAINED FROM TIlE PUBLIC RECORDS OF PALM BEACH COUN1Y. A. SCHROEDER ONAL SURVEYOR AND MAPPER REG. NO. 5143 DATED: JULY 12, 2004 (WO 15344) SHEET 1 OF 2 SHEETS Fß.E NO. 04-153#88 7 , Heller-Weaver and'Sheremeta, Inc. .~. Engineers ... Surveyors... Planners 310 Southeast First Street, Suite Four, Delray Beach, Florida 33483 Phone (561) 243-8700. Fax (561) 243-8777 \ . 12' CONSTRUCfION EASEMENT . . A PARCEL OF LAND LYING WITHIN THE . . SOUlliEAST ONE-QUARTER (SE 1/4) OF THE . _ . - SOUlliEAST ONE-QUARTER (SE 1/4) OF THE 3 FFRNDALE SOUTIlEAST ONE-QUARTER (SE 1/4) OF I"') DRIVE SECTION 11, TOWNSHIP 46 S., RANGE 42 E. CITYOFDELRAYBEACH - . . - . . r . . - l' ~ PALM BEACH COUNTY, FLORIDA . . I I ~ I I I . MfLlTARY R~GE . I (P.B. 23 - P . 242) I I 41 I 42 : I I I I J._.~~ I LEGEND: I POINT OF . COMMENCEMENT . !k. - CENTER UNE SOUTHEAST CORNER OF I R/W - RIGHT"()F-WAY LOT 42, MILITARY RIDGE O.R.B. - OFFICIAL RECORDS BOOK (P.B. 23, PG. 242) PG. -PAGE ~ ::::! ~ ~ ~ I It) 0 La.. ~ of5~ - \.¡Jo..~ ~ ).. <:...,a.: b Q: 0 :J~cxi V) ~ 1 ~ 0 - ~>-~ - ~ + I-~a) - ~I æ:Ja:: 10 ~~o c\. R/W WIDTH I VARI . PER (ORB 5808 HIGH POINT OF DELRA Y WEST }U PG. 552) CONDOMINIUM SECTION 3 OJ I .!O 0- I ~ &1 ~ 0- POINT OF ~ SB9'56'2~"W ~ 1ERMlNÄnON~______l:!::__:~~~~_~_____________ I --f ----- j---- c______ ~---:~~~--~- __________ L.B. NO. 000344Ø 12' CONSTRUCnON EASEMENT POINT OF I Heller - Jeaver and SheremetA, inc. BEGINNING I Engineers ... Surveyors ... Pl8DI1ers SHEET 2 OF 2 SHEETS FILE NO. O+1534+SS 8 . . Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200N.W.1stAvenue Dekay Beach, Florida 33444 EASEMENT DEED . THIS INDENTU~~d~S -& day of 1J4ð/F#fi,ð'£200!/by and between J.lJ6H1>0I~rw ~rM~~ 'ðli Ilif{t '!dXftof/¿¡~æs'LA#ALII/L~ 'b/. , party of the first part, and the ITY OF DELRAY BEACH, wIth a maIlIng address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. 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. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. 1 Party of the first part does hereby state that the party of the first part has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or pennits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: ~o¿~ By: (name printed or typed) ,~~-- (jp..L1 . 7Ji.¡e.£1ETfh./ (name printed or typed) STATE OF ::::Jt~e; COUNTY OF t>~ ~ The foregoing instrument was acknowledged before me this ~ day of \..tC>~ , 200~by AAJTh"^, y J1u /:)pA '( (name of officer or agent), of ;( ~ (name of corporatIOn), a '-:f-~ ~ ')/}"' (State or place of incorporation) corporation, on behalf of the corporation. He/~ is peQonally knowrDl' me or has produced (type of identification) as idèñillíëãHõñãíid did/did not take an oath. ~~ Signatur~bhc - State of (SEAL) ~\,' 0..... ' N T D r D~ \ RD¡ ~~~~ Harti~ A Mindel ~ t+\c..II\ U VI =.:"""\\'0.= Col11lD1ssJOn#DD314496 o ~. d'ir' N\ 1 IV ~ ¡"l '^"" ~ ~\o. ~jg~/ Expires: Iun 11, 2008 I . ~ ----:r \. fòF'^. ~ "I 0, ""o:~, Bonded Thru \..oV "'-J ~ ~ t7 C ,",,",\ At!.....; Boudin \ ~ J"r.. Jtø! c- \ w·, I _...e g Co., Inc. ~~"":::>o <!..t AI \ 2 12' W A1ER MAIN EASEMENT E."'. \t. T U jtt A PARCEL OF LAND LYING WITHIN TIlE SOU'IHEAST ONEQUAR1ER (SE 1/4) OF TIiE NOR1HWEST ONE-QUARTER (NW 1/4) OF TIlE SOUTIIEAST ONEQUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 46 S., RANGE 42 E., ClTI OF DELRAY BEACH PALM BEACH COUN1Y, FLORIDA DESCRIPTION: A PARCEL OF LAND LYING WITIIIN TIlE SOUTHEAST ONEQUARTER (SE 1/4) OF TIlE NORTHWEST ONE- QUARTER (NW 1/4) OF TIlE SOU'IHEAST ONE-QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 46 S., RANGE 42 E., CITI OF DELRAY BEACH PALM BEACH COUN1Y, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: AN EASEMENT BEING 12.00 FEET IN WIDTH LYING 6.00 FEET TO TIlE LEFT AND 6.00 FEET TO TIlE RIGHT OF TIlE FOLWWING DESCRIBED CENTERLINE OF EASEMENT, (1HE SIDES OF SAID EASEMENT SHOULD BE LENGTIIENED AND/OR SHORTENED AS TO FORM A CONTINUOUS EASEMENl): COMMENCING AT TIIE INTERSECTION OF TIlE WEST LINE OF TIlE SOUTHEAST ONE-QUARTER (SE 1/4) OF 1HE NORTHWEST ONE- QUARTER (NW 1/4) OF TIIE SOU'IHEAST ONEQUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 46 SOU1H, RANGE 42 EAST, Willi TIlE APPARENT NORm RIGHT OF WAY LINE OF ATI.ANTIC AVENUE; THENCE S89°41'41"W ALONG THE SAID NORm RIGHT OF WAY LINE OF ATIANTIC AVENUE AS SHOWN ON mAT PlAN AND PROFILE FOR ATI.ANTIC AVENUE PREPARED BY PALM BEACH COUNTY ENGINEERING DEPARTMENT UNDER DRAWING #88-540A DATED 03-90, FOR A DISTANCE OF 163.28 FEET TO THE POINT OF BEGINNING OF 1HE FOLLOWING DESCRIBED CENTERLINE OF EASEMENT; THENCE Nooo08'51"W FOR 30.00 FEET TO 1HE POINT OF TERMINATION OF lHIS CENTERLINE OF EASEMENT. SAID lANDS SITUATE WI'IHIN 1HE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. NOTES: 1) THIS SKETCH AND LEGAL DESCRIPTION DOES Nar REPRESENT A BOUNDARY SURVEY ("1HIS 18 Nar A SURVEY"). 2) BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON TIlE WEST RIGHf..QF·WAY LINE OF Mll..ITARY TRAIL HAVING A BEARING OF 8OO041'2O"E. 3) Nar VALID WITHOUT TIŒ ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED SURVEYOR. 4~ ~ ~CH AND LEGAL DESCRIPTION WAS Nar ABSTRACfED FOR EASEMENTS AND/OR RIGJITS OF WAY OF RECORD OTIIER THAN SHOWN HEREON. 5) RECORD INFORMATION SHOWN HEREON WAS TAKEN FROM RECORD PlATS OBTAINED FROM THE PUBliC RECORDS OF PALM BEACH COUNTY. SHEREMETA INC. . NO. 3449 ER ONAL SURVEYOR AND MAPPER REG. NO. 5143 DATED: JULY 12, 2004 (WO 15344) FILE NO. 04-15344-88 1 , Heller-Weaver and'Sheremeta, Inc. -~ Engineers ... Surveyors... Planners 310 Southeast First Street, Suite Four, Delray Beach, Florida 33483 I Phone (561) 243-8700. Fax (561) 243-8777 12' WATER MAIN EASEMENT A PARCEL OF lAND LYING WITHIN THE SOlJTIIEAST ONE-QUARTER (SE 1/4) OF THE NORTHWESf ONE-QUARTER (NW 1/4) OF THE SOlJTIIEAST ONE-QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 46 S., RANGE 42 E. CITY OF DELRAY BEACH PAlM BEACH COUNTY, FLORIDA ~ 4l. ~ SCALE: ~BO' I POINT OF _________c~~~_~~ WEST UNE OF SOUTHEAST ONE-QUARrER '7 (I (SE 1/4) OF THE NORTHWEST ONE-QUARTER . (NW 1/4) OF SOUTHEAST ONE-QUARTER (SE 1/4) . OF SECTION 14, TOWNSHIP 46 S, RANGE 42 E. ~ I -- . ;ot' re . :;~i 0)_ ~ POINT OF · BEGINNING ~ POINT OF I TERMINATION ~ HIGH POINT OF DELRA Y WEST '011( CONDOMINIUM SECTION 2 (,) ¡:: CENTERUNE OF ~ 12' WATER MAIN · ~ I LEGEND: I EASEMENT '011( I- 60' ~ - CENTER LINE R/W - RIGHT..Qf,..WAY ~<>~~ ~ (,) ~- Iú~~ ~~o . :::Þ~~a: ~O) I ~~ a. >- ~ Q ~ I Q:: <I( .... <I( en (S 15 0 j!;!~2í~~~ê : I Q:: ~~ ~:::> ~ olúffi~....C§ I -'Q::::> ....<I(ic:a.O~ð I ~Ll..OOIú(,)i!. . ~O:r:a::::Þ:r:~1I) . L.B. RO. CICI03440 a: Iú (f) ;2: (,) !1: I I Q..~~Q~¡::jL¡J1X) Heller - 'eaver and Sheremeu, inc. <I(::¡ ~<I(enQ~ I · Engineers n. Surveyors ... Planners I I SHEET 2 OF 2 SHEETS FILE NO. 0+15344-85 2 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PID#: EASEMENT DEED THIS INDENTURE, made this .d.-º- day of ~CR-~ , 20d by and between High Point West. Section Three, with a mailing address of 5185 Nesting Way. Delray Beach. FI. 33484, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to affect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or affect any other kind of construction or improvements upon the above-described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. 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 1 has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. , 11.C> WITNESS (2) €~~;l:<~~ / By: ;1 fJ1~J4Lr<d- Print Name: ' /,fI Ÿ (Jj 5 .?:Iç:::f,4/f..A¡~ STATE OF FLO~A COUNTY OF (AI..... ~ ~ The foregoing instrument was acknowledged before me this J' day of ts/~ - ¡f"/-k l /{A{/l~ who œ""-J5uL , 2004 by IS personally known to me or has produced /Cr-./v ~~ (type of identification) as identification. /} a{/)..£ ,1UlIIIAOftI'II ~ ture of Notary Public - State of Florida (i) ""_....... .., ..... 0dðÞI' 04, 2 12' WATER MAIN EASEMENT F~NIB/T ;.,- A PARCEL OF lAND LYING WITHIN TIIE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE SOUTIŒAST ONE-QUARTER (SE 1/4) OF SECfION 11, TOWNSHIP 46 S., RANGE 42 E., CITY OF DELRAY BEACH PALM BEACH COUNTI, FLORIDA DESCRIPTION: A PARCEL OF LAND LYING WITHIN THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE SOUTHEAST ONE- QUARTER (SE 1/4) OF TIlE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECfION 11, TOWNSHIP 46 S., RANGE 42 E., CITI OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: AN EASEMENT BEING 12.00 FEET IN WIDTIl LYING 6.00 FEET TO THE LEFT AND 6.00 FEET TO TIIE RIGHT OF THE FOLLOWING DESCRIBED CENTERLINE OF EASEMENT, (TIIE SIDES OF SAID EASEMENT SHOULD BE LENGTIlENED AND/OR SHORTENED AS TO FORM A CONTINUOUS EASEMENT): COMMENCE AT TIlE SOUTIlEAST CORNER OF LOT 42, MILITARY RIDGE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23 AT PAGE 242 OF TIIE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TIIENCE RUN sooo41'20"E ALONG THE WEST RIGHT OF WAY LINE OF Mß.lTARY TRAIL AS RECORDED IN OFFICIAL RECORDS BOOK 5808, PAGE 552 OF THE PUBLIC RECORDS OF PALM BEACH COUNTI, FLORIDA, FOR A DISTANCE OF 269.41 FEET; TIIENCE Sooo40'58"E AND CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL FOR A DISTANCE OF 21.87 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE OF EASEMENT; THENCE S89°56'22"W FOR 35.00 FEET TO TIIE POINT OF TERMINATION OF THIS CENTERLINE OF EASEMENT. SAID lANDS SITUATE WITHIN TIlE CITY OF DELRAY BEACH, PALM BEACH COUNTI, FLORIDA. ) NOTES: 1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY ("TIllS IS NOT A SURVEY"). 2) BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON TIlE WEST RIGHT-OF·WAY LINE OF MILITARY TRAIL HAVING A BEARING OF sooo41'20"E. 3) NOT VALID WlTHOUTTHE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED SURVEYOR. 4) TIllS SKETCH AND LEGAL DESCRIPTION WAS NOT ABSTRACTED FOR EASEMENTS AND/OR RIGHTS OF WAY OF RECORD OTHER THAN SHOWN HEREON. 5) RECORD INFORMATION SHOWN HEREON WAS TAKEN FROM RECORD PlATS OBTAINED FROM TIIE PUBLIC RECORDS OF PALM BEACH COUNIY. OEDER IONAL SURVEYOR AND MAPPER REG. NO. 5143 DATED: JULY 12, 2004 (WO 15344) SHEET 1 OF 2 SHEETS FILE NO. 0+153#88 5 I Heller-Weaver and'Sheremeta, Inc. -~- Engineers ... Surveyors... Planners 310 Southeast First Street, Suite Four, Delray Beach, Florida 33483 I Phone (561) 243-8700 . Fax (561) 243-8777 . .j' . ^ . . , .. " . ~ -4.~._.- ò FERNDALE I<) DRIVE -··-··T"-·l~. I . I I I 12' WATER MAIN EASEMENT I I A PARCEL OF lAND LYING WITHIN THE MfLlTARY R~GE . I SOUTHEAST ONE-QUARTER (SE 1/4) OF THE (P.B. 23 - P . 242) I SOUTHEAST ONE-QUARTER (SE 1/4) OF THE I I . SOUTHEAST ONE-QUARTER (SE 1/4) OF 41 42' I SECTION 11, TOWNSHIP 46 S., RANGE 42 E. I I 1 CITY OF DELRAY BEACH PALM BEACH COUNlY, FLORIDA J_~~ POINT OF . COMMENCEMENT . SOUTHEAST CORNER OF 1 I LOT 42, MILITARY RIDGE . (P.B. 23, PG. 242) . ~! -J - I ('I !JJ' ~ It) °1 It) l£.. !'I HIGH POINT OF DELRA Y WEST oeJ~ ;. >- 1.oJQ..~ o' <:-JCl: a:: CONDOMINIUM SECTION 3 :J ~ ~ ~I ~ I ~¡.;;;~ - ,;?>-:8 -J + . - 0:: - ~ I LEGEND: I .....~ai ~I ~:Ja:: \Q tt - CENTER LINE ~So ('I. R/W - RIGHT-OF-WAY I R/W WIDTH I O.R.B. - OFFICIAL RECORDS BOOK VARI£ PG. - PAGE !-aJ 'PER (ORB 5808 10 1 PG. 552) .!O ~j.... . I 589·56·22"" b "! ~ 0- 35.00' (J) ('I PCHMr OF ~Sd TERMINA11ON~_ __ . - -}-- I CENÆRLlNE OF I !o 12' WAÆR MAIN LB. NO. ()(I()3U EASEMENT POINT OF 1 Heller - Weaver and SheremetA, inc. BEGINNING I I Engineers ... Surveyors ... Planners SHEET 2 OF 2 SHEETS FILE NO. 04-15344-5S 6 Harden, David Page 1 of 1 ~~ ~ From: Barcinski, Robert Sent: Monday, May 02, 2005 3:24 PM To: Harden, David Cc: 'Bill Wood'; 'sunsetet@aol.com' Subject: Newspaper Sponsorship 4rth. of July I have sent Marjorie an e-mail on this item and have discussed with Bill Wood. I hope to get info from Marjorie yet today. Per Bill we do not have a contract with the Post yet this year but anticipate a similar contract as last year. Bill faxed over a copy which I'll give to you. Basically we receive $20,000 of in kind services. This includes sixteen ads promoting the Sand Sculpting contest and the 4rth. Celebration, a eight page section in the Delray, Boynton Beach and Boca Raton editions of the Neighborhood Post as well as the printing of 200 two-color posters and 5,000 one-color double sided flyers. In addition in my discussions with Bill there will be a collateral impact with cash sponsors since they expect their names and lor logos on ads in the newspapers as well as on banners, posters and flyers. This could impact their cash contributions. Also keep in mind of the sessions with the non- profit academy was on sponsorships with a significant amount of time spent on getting newspaper sponsorships. Bill will be at the Commission meeting. 5/2/2005 Ad&·h~\ ~~ ~~~ ~c. Ma~ Uë U5 U2:53p DELRAY BCH CHAMBER 5612780555 p.2 The Palm Beach Post 2751 SOUTH DIXIE HIGHWAY PO. BOX 24700, WEST PAlM BEACH. Fl 33415·4700 May 24, 2004 COMMUNITY RELATIONS (561) 820-4244 (561) 837-8412 Fax Marjorie Ferrer, Downto"""Il Coordinator Delray Beach Joint Venture 64 S.E. 5th Avenue Delray Beach, FL 33483 Dear Marjorie: Thank you for taking the time to meet with us to discuss the upcoming 4th of July in Delray Be:ac.h. Over the past five years it has been a privilege for Tbe PaIm Beach P0st to be the exclusive newspaper and presenting sponsor of the sand sculpting contest and fireworks. We thank you for again inviting us to sponsor this event scheduled on Sunday, July 4th, on Atlantic Avenue between Veterans Park and AlA. We hope our promotional plans this year, with an increase of 4 additional pages in our special pull-out, will help you attract a wider audience. Tlte Post is happy to be a sponsor of this celebration and we will provide advertising and printing support with an estimated value of $20,000, which includes: .:. Sixteen ads to include eight (8) eighth page ads to promote the Sand Sculpting Contest and eight (8) quarter page ads to promote the July 4th Celebration. The ads vvi.ll be circulated both full-run and in south zoned sections of the paper. + A eight page section in the Delray Beach, Boynton Beach and Boca Raton editions of the Neighborhood Post. The DeIray Beach Joint Venture may provide 4 pages of editorial content to ¡romote the Delray Beach July 4th Celebration. The section will publish on June 30 and your editorial information is needed by June 9th Please submit all information to lhowel1@pbpost.com by this date to have it included in this special pull-out section. .:. Printing of the following: · 200 two-color 11" x 17" posters · 5,000 one-color double sided 8 W' x 11" flyers (We are st~ing this work now and intend to deliver finished printing to you by June 15.) In exchange for our support, The Palm Beael. Post would like to receive the following benefits from the Delray Beach Joint Venture: + The Palm Beach Post is the exclusive newspaper and presenting sponsor of the Delray Beach July 4th Celebration. + Our logo included on all event promotional material. + Cross promotion fTom all media sponsors. [IT' DF DELRA' BEA[H ffA DElRA Y BEACH f lOR I [) A bad 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 AII·America City , III I! 1993 MEMORANDUM 2001 TO: David 1. Harden, City Manager FROM: f.tÞ' Robert A. Barcinski, Assistant City Manager DATE: April 27, 2005 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MA Y 3. 2005 - SPECIAL EVENT REQUEST 4TH OF JULY CELEBRATION ACTION City Commission is requested to endorse the 4th of July Celebration, grant a temporary use permit per LOR's Section 2.4.6(H) for the closure of Atlantic Avenue from the east side of NE/SE 6th Avenue to Ocean Boulevard and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from noon to approximately midnight, to waive City ordinances 101.25 "Commercial Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors, and to allow all beach parking lots to remain open to approximately midnight. Commission is also requested to provide staff support for security and traffic control, street barricading and banner hanging, stage set up and use, and clean up and trash removal. Attached are a permit application, site plan and budget for this event. BACKGROUND The 4th of July Celebration is sponsored by the city through the Parks and Recreation Department in partnership with the Joint Venture. The Parks and Recreation Department is responsible for event management, planning, and coordination of staff support. The Joint Venture contracts with the fireworks vendor for the display and barge, assists in fundraising, helps obtain sponsors and vendors, develops and delivers promotional materials, and obtains and coordinates media coverage. U \RAB\Agenda Item 4th July 2005 dOT E A M ~c:.. * HE FFORT lWAYS ATTERS Pnnt9d on Røcycled Paper - SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MA Y 6. 2005 - SPECIAL EVENT REQUEST 4TH OF JULY CELEBRATION April 27, 2005 Page 2 There will be a sand-sculpting contest on the beach from approximately 8:00 a.m. until noon. A bicycle parade will start at 4:00 p.m. and entertainment will begin at 5:30 p.m. The fireworks show starts at approximately 9:00 p.m. Various vendors, as well as the Marriott and restaurants on south ocean Boulevard, will be set up along Ocean Boulevard and Atlantic Avenue selling food and beverages beginning at approximately 5:00 p.m. The cost of the fireworks display, barge rental, and docking fees are approximately $75,000. The city contributes $40,000 to the Joint Venture to help offset the costs of the fireworks display and barge rental. Overtime costs for staff support are approximately $27,450 and are paid for through the City departmental budgets. In addition, barricade rental costs and portable lighting rental costs are about $2,500 and stage rental is $266. The in-kind value of media and other event support is approximately $150,000. Liability insurance is assumed by the City. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for street closure, waiver of City codes to allow assembly on the beach and vendors on A1A, approval of parking lot closure extension, and staff support as stated. RAB/gb Attachments '. ,.' , City of Delray Beach DELRAY BEACH . Loa I D A b.e:d Special Event Permit All-America City Application , lilt! PLEASE PRINT 1993 2001 Event Namerritle: fÕu (+b.d J uJ ~ féshvì-he ~ Event Date(S):~. 'd-005 Event Time(s): Event Sponsor/Producer: -C-l*'j n-l '1)1 ~(~&()~ Event Contact/Coordinator: ~{ /M:.JdYn . X 7d::;j I QJI:pri..P wrQI ~ ~/q-13~O ) )(0 Name: Address: Telephone Number: Cellular Number: E-mail Address: Event Description/Purpose: Cll.Ph'1a.Æ..t (:'ord~~j,(ì()11 ~..rt- Sponsor Category (please check) City ~ Non-Profit/Charitable 0 Private 0 Co-Sponsor - Non-Profit/Private 0 (/f Non-profit attach proof of 501c(3) or (d)) Event Location (Describe area boundaries of event/location): ~ A-JA veffJlOfLS ~LL~ Q4jDmtl ~ QJX'. '~- - . Site plan attached yes X no (Site plan required for entire event site) Event budget attached yes no t UJi II .(òJJow (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) I / Event 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 yes X no (Waiver required) Requesting Police assistance yes X no (traffic control/security) Will supplement with private security yes no X (If yes, need plan attached) I Requesting Emergency Medical assistance yes )( no Requesting barricade assistance yes X no I Requesting trash removal/clean up assistance yes )( no , Requesting trash boxes and liners yes X no Requesting stage use yes X no (If yes, check type) Large stage covered 0 Large stage no cover 0 Small stage 0 Half small stage J4 Requesting signage yes~ touY"no Type: Event sign Directional signs Banner hanging )( Indicate dates required ì){)T PO~"l ú1CKi'\~ (Waiver required if more than one (1) week prior to event) Food and beverage vendors yes no X If yes, approximate number Health Department approval yes no )( , Other vendors yes X no Tents yes )( no (If yes, tent permits and fire inspections maybe neéded) Will the event include amusement rides yes no ). (If yes, type and location and copy of liability insurance required) Will the event be gated yes no X (Show on-site map) , 2 ·- . Will there be fireworks or other pyrotechnics yes '1' no (If yes, contact Fire Marshall) Will there be cooking with compressed gas yes no 'I.. (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 a charge for the event yes no X (If yes, indicate ticket prices) Is reserved parking requested yes 'f no (If yes, indicate locations) i/7(ø- 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 Onl I. Date Received Application fee received Site map / Budget v ..,-- Certificate of insurance Hold Ran"less 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 r----I I I I IA(.IILJ ~ :u:rn:e=r ~L. 41" lJJ]]]TrIj¡;1 IJJJJ]] [[[[ill] . [[[[[[[J SOUTHBOUND íT 1 I I ~ US.1 J rr ~ S.E. 5TH AVE. dn rÏTAVE'-I§' II illJ ~I ~ ~ ~ c:: [JJJJ]]]] Þ 6TH AVE. ~ ~ ·~UlI ~ '< AVE. -4 - N[JJJJ]]]]'E. t!îJiI! _~I r I II S.E. 6TH ~ _ ~ _ tr:rn=)OJIIII]]]]E~~ ~H IlM [IT ï IAYL- §;;,- ~~ ~~~~L LY --rl r 1Tm1<1r ~ t ~ l' f=:=J t - J'J'r -1 I I III l::::::o:::j " --' _ SQU""", _ f------ ~L11lIË->- ~:R Líf1lTI1 ~ ,,~=- c-=: ===1 m I ~! 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'" g 81 -..,........ ...... to.) ~ _ 'N CÞ co en en.p. ~ Ct 0 0. rnl f¡... ¡"i.ø ~ õ..... ~ èø ø'4 è:t "0 -0 ë:t Ò ~ ò"21æ Š!-I' o 0 O~~ 0 0 o~o~ooo - 0__ - c::I' eo CJC::-O c:Þ ø <:r ~cþc:.CllClCtCl c:. ~C2::-' l1;::::li . 1-~-1~~,1---1-~1~--1-1- I I I I I I I i -- '!:\ - ~ ~. ,~ .. ~ £IT' DF DELRA' BEA[H DELRAY BEACH r LOll I :1 ... tdb.II 100 N W. 1st AVENUE DELRAY BEACH. FLORIDA 33444·561/243-7000 AII·America City , till! 1993 MEMORANDUM 2001 TO: David T. Harden, City Manager FROM: ødrRobert A. Barcinski, Assistant City Manager DATE: April 27, 2005 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MAY 3. 2005 - SPECIAL EVENT REQUEST 11TH ANNUAL DELRAY BEACH CRAFT FESTIVAL ACTION City Commission is requested to endorse the 11th Annual Delray Beach Craft Festival to be held on September 24 and 25, 2005, from 10:00 a.m. to 5:00 p.m., to grant a tem~orary use permit per LOR Section 2.3.6(H) for the closure and use of NE/SE 4t Avenue, one block north/south of Atlantic Avenue, and the Hand's parking lot for vendor parking and to authorize staff support for police security. BACKGROUND Attached is a request and permit from Howard Alan Events, Ltd. for this event, along with a budget, site plan, and hold harmless agreement. Part of the proceeds will be shared with the Joint Venture. The City is requested to provide police security for this event. The event sponsor will provide vendor approval, site clean up, port-o-Iets, and barricading. Barricades will be left on Friday and set up by the sponsor. No overtime is anticipated for barricading. The estimate for Police overtime is approximately $2,300. This is not a new event. Signage per LOR's Section 4.6.7(D)(3)(j)(i) can be installed one week prior to the event and must be under 20 square feet. However, since there is on-going construction on NE 4th Avenue, I am recommending that the show be set up on the two (2) blocks south of Atlantic Avenue if construction is not completed. Mr. Alan has agreed to this change. Additionally, I am recommending the use of the Vittorio's lot for vendor parking versus the Hand's lot. U IRABIAgenda Itt:m Draft FestIval dOTHE EFFORT ALWAYS MATTERS &\'J @ Printed on Recycled Papar ------- ------ SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MA Y 3. 2005 - SPECIAL EVENT REQUEST 11 TH ANNUAL DELRA Y BEACH CRAFT FESTIVAL April 27, 2005 Page 2 RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit per changes in site and parking, and approval of staff support for police security with the sponsor paying all police overtime costs. Contingent on receipt of the certificate of insurance. RAB/gb Attachments AMERICA's FINEST r-...t;1Ã RECEIVED ~ 't~ ~ MAR '), 2005 ilJ~ì. ~ AS~I~ í,..... I CITY MANAGER March 18, 2005 II U\\ 11...1 \ 11111 E H 'III ". L 141. Mr Robert Barcinski Assistant City Manager City of Delray 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mr Barcinskl We are planning for the 11th Annual De/ray Craft Festival, to be held September 24 & 25, 2005 on NE and SE 4th Avenue from NE 1st Street to SE 1st Street Atlantic Avenue and bypasses will remain open Please be advised that the following logistics for the 11th Annual Delray Craft Festival will be arranged Street Closure: Bob's Barricades will drop off barricades on Friday, September 23, 2005, and our employees will set them up early Saturday morning Police: Delray Police Department will arrange for Police and Security from 10 00 am - 5 00 pm on Saturday and Sunday, and overnight Saturday from 5 00 pm - 6 00 am Port-O-Lets and Dumpster: 3 regular and 1 handicap port-o-Iets have been ordered through Able Sanitation and will be dropped off on Friday, September 23, 2005 and will be picked up on Monday, September 26, 2005 with servicing on Sunday, September 25. 2005 They will be placed next to the Library A 20-yard roll off dumpster IS ordered from Southern Waste Systems and will be dropped off on Friday and picked up on Monday as well Trash Receptacles: Trash receptacles will be supplied and maintained by our professional clean-up crew. Profest (Mitch) They will handle clean up of the trash throughout the area each day Vendor Parking: Parking will be at Hand's Parking Lot (North side next to NE 1st Street) Insurance: City required certificates will be Issued Bob, thanks for all your great help If you have any questions, please feel free to call me at (954) 472- 3755 ~~z Operations Director 9695 W. BROWARD BLVD. . PLANTATION. FLORIDA 33324 (954) 472-3755 . FAX (954) 472-3891 www.artfestival.com - " . Da~YB~CH CIty ofDeJray Beach ' , 0 I I · . Special Event Permit ~ Application l' II I! PLEASE PRINT 1õõ~ Event NamelTitle: I\t--' þ..¡JAJJAI ~1o~ _ Q~~ ÇJ¡NA.-! ~ ð Event Date(s): ~~'-Í ~ ~"C' . ~ç- Eventlime(s): Q~~ t. q-'~Q: 10;:: ~çPM- Event Sponsor/Producer. , -?;;, _~ JIP I -- J" If'~ Event ContactlCoordinalor: ~U.5 ~ç.{. C '" hPAJ ù\..~ ~A~ie ~ - ¡~~~ Name: e...\~ u...£ " I} . - , Address: lo<1~ w, ~~1 æ 1.A.~lA..+' 00 , ¡:::-L- ~3sd-~ Telep.hone Number. ~.~:r Cellular Number. e, I :; - ~ ~ \ - /111 - DNS. k E-mail Address: J4\ A- Q:>~+t JJ\.\ . C-<> yy\ Ð,.J t '-0 Event DaPliOnlPurpose: f\ ~d~ù<L Q~uA-i~ç+ ~~~1~~\ Sponsor Category (please check) City 0 Non-Profit/Charitable 0 ~te 0 Co-Sponsor - Non-Profit/Private 0 (If Non-profit attach proof of 501c(3) or (d)) Location (Describe area boundaries of event/location): / Site plan attached yes / no (Site plan required for entire event site) / Event budget attached yes no (Required for all events) 7 Serving or selling alcoholic beverages yes no (If yes, copy of license and a/coho/liability 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 required for vendors) /' Playing of amplified music yes no (Waiver required) / Requesting Police assistance yes no (traffic control/security) Will supplement with private security yes no ./ (If yes, need plan attached) / Requesting Emergency Medical assistance yes <> / no Requesting barricade assistance yes / no Requesting trash removal/clean up assistance yes no ./" Requesting trash boxes and liners yes n04 Requesting stage use yes no (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 / Banner hanging Indicate dates reqUire~>€. ~t~-,-,* (Waiver required if more than one (1) week prior to event) C¡ ~3 - 7 jJ..!;' - o.r Food and beverage vendors yes ~ no If yes, approximate number ql ( Health Department approval . ~es.- no PrfIo Other vendors yes no ~ ~ Tents yes no (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes no ~ (If yes, type and location and copy of liability insurance required) ./ Will the event be gated yes no (Show on-site map) 2 . Will there be fireworks or other pyrotechnics yes no / (If yes, contact Fire Marshall) Will there be cooking with compressed gas yes no / (If yes, contact Fire Marshall) / Will you be providing port-a-Iets for the event yes no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) ./ Will there be a charge for the event yes no (If yes, indicate ticket prices) / Is reserved parking requested yes no (If yes, . . e locations) Eve Icoordinat~ d Mrl-- IIS¡VO/ Dat Please prmt: -:s:i\~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1 st Avenue, Delray Beach, Florida 33444. For Staff Use Onl . ..- Application fee received ~ Date Received 0.) ~ Site map Budget v Certificate of insurance /' Hold Harmless agreement v 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 , .,../ - ""'- , / tJ . . \r/ .. . I ·ð. ' , . .. . '. ' '. . .. }.,) S. ~"5T . . . . ..- . . , , . . . '" . . 3b ' . . . . . . . .. . -- .. . .. .... . c< . -. " . . , :;;;: I _ · .... .' . , V)~· , . . '. ':. I. . . .t' to . , - ., . 11 .. ., .<: . . . ... to . . . . , ..' ", ' " . ' . . ' - " " .. .. çÀ~ . . . _ . ) ~~. .: . . ':' ,,, ". ',. :. '::.' -:-- ,.' , , ,{ . ' "': :' . .:," · " " '. . ~-T.: . " . . , .' '. " . Q.. , -.' " : S3.. " . , , .. , " .... - ,':> It , ' ' . .' . , . ,'. . ,. .' .:' . . ,;;:) \I '. .".., :. ..'. ." . . ' . . ' " _ :' .' ~,a '. . "111 . . . I , " . ,IA . , , · . -, . . 1. . . '. ~c 19t ~T.. ~p~s - _A. --..(~) , - -- · . American Craft Endeavors 11th Annual Downtown Delray Craft Festival September 24 & 25, 2005 PROPOSED BUDGET FOR September 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 HOLD HARMLESS AGREEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this ~ day of A.~ . 20o('by and between the CITY OF DELRA Y BEACH, FLORIDA. a Florida municipal cozration (hereinafter referred to as "CITY") and ..Arn£"~-;tt\¡.) ~ e-..J ~vJL~ , (hereinafter referred to as "EVENT SPONSOR''). WIT N E SSE T H: WHEREAS. EVENT SPONSOR seeks to hold a special event known as /1~f1NJJ"f¥1 'ùJj¿ L1.z.Aç¡.~\ to be held on ~.,)<f ~df,MXJ-' (hereinafter referred to as e "Event"); and WHEREAS, the Event will be held within the City limits of Delray Beach; and WHEREAS, the City Commission has determined that such an Event promotes the public's health, safety and welfare. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above. the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Indemnification. EVENT SPONSOR, for good and valuable consideration, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all suits, causes of action or any claim whatsoever made, and damages, which may result from any activity conducted by EVENT SPONSOR, its agents, employees, assigns or contractors. in relation to the Event. - ---------- 3. Insurance. EVENT SPONSOR shall obtain insurance covering the Event in the amounts and of the types specified in Exhibit "A" attached hereto which is incorporated herein as if fully set forth. 4. Govemine laws; venue. This agreement shall be governed by the laws of the State of Florida. Any proceeding initiated to enforce the provisions of this agreement shall be brought in the State or Federal courts located in Palm Beach County, Florida. 5. Bindine Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 6. Entire A2reement. This Agreement shall constitute the entire agreement of the I parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 7. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 8. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 2 IN WI1NESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: CITY OF DELRA Y BEACH, FLORIDA, a Florida municipal corporation By: By: City Clerk Jeff Perlman, Mayor Approved as to Form.: . By: City Attorney WITNESSES: ~e) HÐvf'ríO A ~ (print or type name) \\~~v... \ ~,-~\L (print or type name) (SEAL) STATE OF FLORIDA . COUNTY OF The foregoing instrument was acknowledged before me this day of . 200_ by (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 an oath. (type of identification) as identifi~ :d (did not) take ~L¿~ '¿/ Signature of Notary Public- State of Florida D. PEARlS ~ --- ~ II21I2OC8 . BondeCIIWU (eoo)432~2S4i Of '" FIoIIdII Nota~ ,.,... . Inc i ..............,.. ...... ..... . ...... ..... 3 Initials EXHIBIT A INSURANCE REQUIREMENTS OF THE CITY OF DELRA Y BEACH EVENT SPONSOR shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243-7150. The following insurance coverage shall be required. A. Worker's Compensation Insurance, as required by law, covering all employees and providing benefits as set forth in Chapter 440, Florida Statutes and including Employers Liability coverage, regardless of the size of your firm. EVENT SPONSOR further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. ~... _ '1 ....... B. Comprehensive commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury,- and if items are sold, products and/or liquor liability, in connection with the contra.ctual relationship and activities being done under this agreement. The policy will be endorsed to include the City of Delrav Beach and itls designees named as additional insureds. The insurance will be wp.tte,n ~m _ an occurrence basis with the limits of liability not less than $1,000,000.00 combined single limit per occurrence, and as an annual aggregate, coveti.µgþ~diJy·injury, property damage and personal injury. - .. ',.1 ..' I C. Motor Vehicle Liability Ins~ce covering all vehicles associated with the Licensee's operations to includ~ ~l owned, non-owned and hired vehicles. The coverage will be .~tte~' ·ó~··an occurrence basis with limits of liability not less than $l,OOO,OOO.~. ~~bined single limit per each occurrence. , ....~_:, ..,: D. The certification @r proof of i~~ce must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non- renewal or cancellation. EVENT SPONSOR shall ~ish :{~ ,the Çi~, Certificate(s) of Insurance evidencing insurance required by the provisions se( forth above, days prior to the holding of the event. If so requested by· ~e ÇHy, certified copies of insurance policies will be provided by EVENT SPONSOR. ......"'. . If any of the above coverages expi~~ during the term of this agreement, EVENT SPONSOR will provide a renewal certifi.~ate at least ten (10) days prior to expiration. '.. . . Mail to: City of Dekay Beach, Attn. Risk Manager, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 with a copy to Assistant City ~an~g~r? 100 N.W. 1st Avenue, Delray Beach, Florida 33444 Insurance prov Sp Event FORM.agt , . .. . .. ,,' ".,¡ ." Initials EXHIBIT A INSURANCE REQUIREMENTS OF THE CITY OF DELRA Y BEACH EVENT SPONSOR shall not commence operations under the tenns of this Agreement until certification or proof of insurance, detailing tenns and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243-7150. The following insurance coverage shall be required. A. Worker's Compensation Insurance, as required by law, covering all employees and providing benefits as set forth in Chapter 440, Florida Statutes and including Employers Liability coverage, regardless of the size of your firm. EVENT SPONSOR further agrees to be responsible for employment, control and conduct of its employees and for any injury s':lStained by such employees in the course and scope of their employment. : II\.- _ ".'._ \. . B. Comprehensive commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury,- and ~f jtems are sold, products and/or liquor liability, in connection with the contra~~ .relationship and activities being done under this agreement. The policy will be·endorsed to include the City of Delrav Beach and it's designees named as additional insureds. The insurance will be written on an occurrence basis With the limits of liability - I. ". not less than $1,000,000.00 combined single limit per occurrence, and as an annual aggregate, coye$.gþ~dUy·injury, property damage and personal injury. . . \ ~...: I . .: I C. Motor Vehicle Liability ~~ce covering all vehicles associated with the Licensee's operations to includ~ a1). owne~ non-owned and hired vehicles. .; ~d.· ·",-:4' The coverage will ~ .~tten on' an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. ....I J -. , I,. ;;,: : " :..: . D. The certification ~r proqf ~f ~µrance must contain a provision for notification to the City thirty (30) days in açlvance of any material change in coverage, non- renewal or cancellation. .. ,,:..' , - EVENT SPONSOR shall ~i;b'~i~' .~e .Çity, Çertificate(s) of Insurance evidencing insurance required by the provisions set-forth ahove, days prior to the holding of the event. If so requested by·tJ.1.e Çih', certified copies of insurance policies will be provided by EVENT SPONSOR. ....,1. ; If any of the above coverag~~: ~xpi~~ during the term of this agreement, EVENT SPONSOR will provide a renewal ~ertif¡.~ate at least ten (10) days prior to expiration. '". .... . Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 with a copy to Assistant City .~an~g~r! 100 N.W. 1st Avenue, Delray Beach, Florida 33444 Insurance prov Sp Event FORM agt . . ~ . . . , ,. ., I I. ~ <I .,. ---- MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CITY MANAGER 07'1) SUBJECT: AGENDA ITEM # ~'6. - REGULAR MEETING OF MAY 3, 2005 SPECIAL EVENT REQUEST /2005 EXCLUSIVE SPORTS MARKETING VOLLEYBALL TOURNAMENT DATE: APRIL 29, 2005 This is before the Commission to approve a special event request from Exclusive Sports Marketing to allow the 2005 Exclusive Sports Marketing Volleyball Tournament to be held at the municipal beach on June 11 and 12, 2005. Details are oudined in the attached memorandum from Mr. Weldon. We have hosted this event for the past ten years and it has been very successful. Recommend approval of the special event request for the 2005 Exclusive Sports Marketing Volleyball Tournament. S:\Clty Clerk\agenda memos\2005Volleyball Tournament 050305 [IT' DF DELIA' BEA[H DElRAY BEACH , LOR lOA ~ 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 AII·America City , 'III! MEMORANDUM 1993 2001 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: 2005 Exclusive Sports Marketing Volleyball Tournament DATE: April 20, 2005 Attached please find a request from Adam Guess of Exclusive Sports Marketing to bring their 2005 Volleyball Tournament to Delray Beach on June 11 and 12, 2005. Exclusive Sports Marketing has requested the following for the tournament which is to be held across from Sandoway Park: 1.} Center court area and 15' scaffolding towers on the beach just south of S3 as well as 25-30 ancillary volleyball courts south of this area. 2. ) 10' X 10' pop-up tents for vendor display and player aid stations around center court and at spots along the beach area. 3. ) Allow their event truck access to the beach Wednesday through Sunday and provide a place for overnight parking upon approval of Ocean Rescue Superintendent. Also 4 - 6 metered parking spaces closed by the City. 4. } Allow signage publicizing this event and sponsors on the beach. Attached is a list of their sponsors. 5. } Provide overnight parking for the main equipment truck and portable bleachers. @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS 2 6. ) Provide two sets of bleachers for seating around center court area. 7. ) Exclusive Sports Marketing will play recorded music, music from sponsor radio station and do event announcing from the main staging area. 8. ) Exclusive Sports Marketing will position two satellite speakers facing south of the beach to keep players informed. 8. ) Exclusive Sports Marketing will compensate our cabana service for lost revenues, if applicable. 9. ) Exclusive Sports Marketing has provided us with a certificate of insurance, naming the City of Delray Beach as additional insured with a minimum of $1,000,000 liability. 10.) Exclusive Sports Marketing will donate $1,000 to the Ocean Lifeguard competition fund. 11.) Our lifeguards will collect a $5 parking fee from each participant and parking will be at Sandoway and/or Anchor Park. As you may recall, we hosted this tournament the previous ten years and they were very successful. I recommend approval for this event, and request you place it on the May 3, 2005 agenda for City Commission consideration. Please review and advise. Ù~ Parks and Recreation Attachment cc: Carolanne Kucmerowski Agenda Coordinator Robert Taylor Ocean Rescue Superintendent JW:cp Ref:vollybal Page 1 of2 Weldon, Joseph From: Adam Guess [adam@exclusivesports com] Sent: Wednesday, April 20, 20052:32 PM To: Weldon, Joseph Subject: Pro-Am Beach Volleyball Mr. Weldon, Our series sponsors for the 2005 Pro-Am Beach Volleyball Senes are: Title Sponsor: · Hess Express Presenting Sponsor: · Zephyrhills Natural Spnng Water Other Series sponsors: · Bud Light · Department of Agriculture · United States Marine Corps · Yamaha · Sun Sport Network · Spalding Volleyball · Red Bull Energy Drink · Plastic Clothing · SOS eyewear Local Sponsors' · Boston's on the Beach · Wild 95.5 · Gater 98.7 If there is any other information that I can provide please let me know and I'll make sure that it is handled ASAP To the Beach, Adam G. Guess? Event Coordinator Exclusive Sports Marketing Ph: 561-241-3801 ext.101 Fax: 561-241-3805 www.DigTheBeach.com 4/20/2005 04/19/2005 03:21 5612413805 ESM PAGE 01 W;;.~~ AtAJltKET1"G Providing the Best In RKf'NtJon & Sports Entertainment April 14, 2005 Joe Weldon Bob Taylor City of Delray Beach 340 South Ocean Boulevard Delray Beach, FL 33483 Gentlemen: The following is a plan of execution for Exclusive Sports Marketing's Beach Volleyball Series stop on beautiful Delray Beach. 2005's target event site is south of Atlantic Avenue approximately 1 mile adjacent to Sandoway Park. Thanks for the opportunity to bring this Olympic Medal Sport of Beach Volleyball to Defray Beach once again in 2005. SPECIAL EVENT TYPE Beach V oUeyball Series Event · 2005 marks the 14th Year Anniversary of this respected, grassroots program · 3fd stop of the 9 event 2005 Series Schedule · 160 2-person teams participated in the 2004 event; we expect more in '05 with weather permitting. PRODUCER Exclusive Sports Marketing, Inc. (ESM) · 18 year company history · 13 years producing beach volleyball events · 200+ tournaments produced in FL, GI, SC, NC, V A, TX, 7 the Bahamas since 1992. TARGET DATE Saturday and Sunday, June 11-12,2005 · ESM set-up/breakdown dates -begin set~up Wednesday June 8; complete breakdown Sunday evening, June 12. 0 Wednesday, June 8 · ESM staff and Vehicles arrive at Delray Beach at approximately 1 0:00am · Site walk-thru with City and beach officials (ifneed be) · ISM crew unloads gear, begins "Center Court Arena" set-up. (i.e. scaffolding towers, staging, tent frames 0 Thursday, June 9 · ESM staff arrives at beach at 8:00am · Court construction (all day)- 25-30 full sized. sand courts 1060 Holland DrIve SUite 3L . Boca Raton, FL 33487 TII581.241.3801 . FIX 561.241.3805. www.exclulivnportl.com 04119/2005 03:21 5612413805 ESM PAGE 02 .- ;:;.~. "'<4"KET1"~ Providing tII. Stet in ~.tJofl & spore. Enœn.;nment · Staff secures courts and event site before leaving 0 Friday, June 10 · ESM staff anives at beach at 8:00am · Court "ball catchers" and banner placement · Tent tops set up · Layout electrical and stereo system · Secure site: assign security personnel for the night 0 Saturday, June 11 · ESM staff anive at 6:00am to finalize site for tournament play · Athletes amve at 7:30am for check-in and begins play · Play ends between 4:00pm-6:00pm · ESM Staff will secure site and assign security personal for the night. 0 Sunday, June 12 · ESM Staff arrives at 6;30am to finalize site for tournament play · Athletes arrive at 7:30am for check-in and begins play · ESM staffwJlI be breaking down the site (unused courts) throughout the day · All courts, tents staging broken down by 7:00pm · Gear and equipment packed in truck by 9:00pm · ESM Leave beach at 9:30pm Location Delray Beach PubJic Beach · Center Court Arena 0 Set-up on the beach just South of Lifeguard Tower S3 0 West side of beach to eliminate compromise of lifeguard's ability to view swimming areas · Ancillary Courts 0 25-30 ancillary courts South of Tower S3 · to'x 1 0' "Pop~up" tents 0 Are included in center court arena to house vendor display and Player Aid Stations. (Water, officials, and other event related personnel and material) · Bleachers/Spectator Sitting arrangements 0 If the City can provide like last year, (2) sets of bleachers they will be set up around Center Court area · Event Stereo/ P A System ESM will play recorded music/music for the local Sponsor Radio station/event announcing/P A from the main staging area. · Ideally, we would like to position "satellite" speakers facing South of the each so that we can keep players informed of what is going on · Volume levels will be controlled; ESM would appreciate CitylBeach official input with respect to this aspect of the program 1060 Holland Drive Suite 3L . Boca Raton, FL 33487 Tel561.241.3801 . Fax 561.241.3805. www.exclulwesports.com 03:21 5612413805 ESM PAGE 03 04/19/2005 - - W;;'~a """"KET\t'G Providing the s..t In Rec,...tIorI & Spom Enttrtllinment ESM VEHICLE PARKING · Parking for 26' event box truck on A!A across form Sandoway Park · 4-6 Metered parking spaces closed by City · Overnight parking in city parking lot · Same plan as what was approved the previous years ATHLETE PARKI~G · Ocean Rescue will oversee parking · Sandoway Park across the street for the event · Cost will be $5 collected by the Lifeguard management team. EVENT GARBAGE & TRASH MANAGEMENT · ESM will provide cans and liners for the events site · ESM staff will remove and replacet full garbage bags/cans throughout the event. · ESM Staff will conduct a complete beach walk-through to pick up all trash after the tournament · ESM respects the beaches we visit, and will do all we can to help maintain their integrity DONATION ESM will donate $1000.00 to the Delray Beach Ocean Rescue Competition Team, payable prior to setup. J look forward to working with you and answering any questions that you might have. If there is anything that you feel we can do to help build this event and keep the beaches clean, please don't hesitate to contact me. To the Beach, fÚ¿?þ~ ,7 Adam G. Guess Event Director Exclusive Sports Marketing ] 060 Holland Drive, Suite 3L Boca Raton, FL. 33487 Office: (561) 241-3801 ext. 101 Cell: (561) 504-6762 Fax: (561) 241-3805 Adam@exclusivesport~,com 1060 Holland Drive Suite 3L . BocI Raton, FL 33487 Tel561.241.3801 . Fax 561.241.3805. www.txcllJliv..ports,çom 04/20/2005 16:22 5613923968 FIRSTATE INS PAGE 01 . . ACORD CERTIFICATE OF LIABILITY INSURANCE I, DATE {WIMlODJYYYY) tf¡I 04/2012005 PftOgUCEFt THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION FirState Insurance by EldrIdge, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR The MelvIn Aéncy, Inc. ALTER THE COVERAGE AFFORDE;D BY THE POLICIES BELOW. P.O. Box 250, Boca Raton, FL 33429-0250 (561) 395.1102 Phone (561) 392-3968 Fax INSURERS AFFORD1NG COVERAGE NAIC# 1NSUfI,ED INSUl'¡IõR A. Chubb Custom Ins. Co. Exclusive Sports Marketing, Inc. INI¡URER B MaDfre Insurance Co. 1060 Holland Drive, Suite 3L INSuRER C Boca Raton, FL 33487 INSURER D, INSURER E. COVERAGES THE' POWCIE$ OF INSURANce LISTEC BELOW HAVe BEEN lS5ueO TO THE INSVREO NAMEC ABOVE FOR THE POLICY peRIOC INDICATEC. NOTV\~THSTANDING A~ R;;QUIREMENT, TERM OR CONomON OF ANY CONTRACT OR OHlER OOCUM5N1' WITH ReSPëCT TO WHICH THIS CERTIFICATE MAY a¡; ISSUED OR MAY PERTAIN. THE INSURANCE AFFORtJEO 5Y THE POLICIES DeSCRIBED H5REIN IS SUBJeCT TO ALL THe "E~MS. EXCL.uSIONS AND CONOITIONS 01" SUCH POí.ICIES AGGReGATe LIMITS SHOWN MAY HAVE BEEN RECUCEO BY PAID CLAIMS IN~ ~~~ POLICY NùMI!IER POI..ICY IiFFEeTIVE POI.ICV EXPIFtATKJN I./MITS ~NERAI. UAIiII~ITY I EAC~I occuMENCE $ 1,000 000 A X COMMERCIAL GeNERAL LIABILITY J 76A2GLOOOOOO1-00 02/011;2005 02101/200& DA'\IIAGE TO RENTED ~ 300 000 . "" -u C~AIMS MADE ŒJ OCCUR M"D EXP (Any onO oorson) $ EXCLUDED peRSONAL & ADV INJURY ~ 1 000 000 GENERAL AGGREGATE S 1.000.000 ~'~ AGGREnE LIMIT APnS PER' PROOUCTS-COMProPAGG s 2.000 000 POLICY ~lI.9~ LOC ~TOMOBILI! IoIABlI.ITV COMBINED $INGLE LIMIT S 1,000,000 B ~ Ar-rt AUTO CA018176 06/19/2005 06/19/2006 (Ea aCClden1) - AI.L. OWNED AUTOS BODILY INJURY SCHEDuLED AUTOS (Per PAr1;bn) I - .x HIRED AUTOS eODII..Y INJURY ~ NON.QWNED AUTOS (Per ec:ddanl) $ f---1 PROPERTY DAMAGE (PAr Rot:ldatll) . ~~GE I.IAÐII.ITY AUrO ON!.Y .. EA ACCIDENT $ ANY AUTO EA ACC .. On-tER THAN AUTO ONLY AGG i ~aa~MBRELLAUA~L1TY EACH OCCURRENCE S OCCUR 0 CLAIMS MADe AGGREaATe s . ==i DEDUCTIBLE , Rc:T¡:NTION ~ I. WQftKERtI OOMPENI!ATlON AND _l we STATU- I \OJ~I. EMPLOYERS' LIABII.ITY i.:r. AroIY PROPFUI;TORIPARTN5R1EXEcunve e L, EAOH ACCIDE~T s OFFICER/MEMaeR EXCLUDED? ~~g~,1~ct'lbe Und9' l ho'"", I E.L DISEASE - lOA EMP1.0YIõE $ OTHER E L DISEAse - POLICY LIMIT $ A Host Liquor Liability 7GA2GLDOOOOO1,00 0210112005 . 02/01/2006 LImit $1,000,000 blôSCRlPTION OF OPERATIONS I LOCATIONS 1 \fSHICI."S I EXCLUSIONS ADDED BY ENDORSEMIiiNT 1 SP15CMI.. PFlOVllIlONS Event dates 6108/2005 to 6112/2005 FAX: 561/243·72&8 , I CERTIFICATE HOLDER CANc'ELLA TION City of Delray Beach SHOU~ ANY 0" THI!AIIOVI! DI!SCRlBIiD POI.ICIEe BE CANCEJ.I.EP I'E;F(lR.E THE ExI'1~Þ.TION 50 NW 1St. Avenue DATE tHI!IU!OF, THE ISSUING INSURER WJl.L IiND~VOR TO MAIl. .1L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAM!!D TO THE I.E1'T. BUT FAII.URE TO co SO SHALL Delray, FL. 33444 IMPO~ NO 08UGATlON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPMsENTATlVES. AUTHORI2:I!" RePRESeNTATIVE <KJI> ACORD 25 (2001/08) , , Date: April 20, 2005 AGENDA ITEM NUMBER: ~é AGENDA REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: May 3, 2005 Description of Agenda Item (who, what, where, how much): Request approval to host 2005 Exclusive Sports Marketing Volleyball Tournament at our municipal beach on June 11 and 12, 2005. Exclusive Sports Marketing will donate $1,000 ~o our Ocean Lifeguard Competition fund and will compensate Oceanside Beach Service for lost revenues, if applicable. ESM has requested center court and 15' scaffolding towers across from Sandoway Park, 25-30 ancillary volleyball courts, 10' X 10' pop-up tents, overnight parking for main equipment truck, 2 portable bleachers and 2 satellite speakers. Our lifeguards will collect a $5 parking fee D.epartment Head \ L) ~ from each participant. SIgnature: ' City Attorney Revie ecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @I No Initials: zrn1 Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t1Jll , SUBJECT: AGENDA ITEM # ~~ - REGULAR MEETING OF MAY 3.2005 CHANGE ORDER NO. t/FINAL PAYMENT /CONSTRUCTION QUALITY CONTROL. INC. DATE: APRIL 29, 2005 This is before the Commission to approve Change Order No.1 in the amount of an $864.52 decrease, and final payment in the amount of $9,812.15 to Construction Quality Control, Inc. for construction of the Delray Swim and Tennis Storage Building Project. Funding is available from 117-4133-572-62.10 (Recreation Impact Fee Fund/Buildings). Recommend approval of Change Order No.1 and final payment to Construction Quality Control, Inc. for the Delray Swim and Tennis Storage Building Project. S.\City Clerk\agenda memos\Change Order t FmaI ConstructIOn Quahty Control 050305 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www mydelraybeach com TO: DA VID HARDEN, City Manager FROM: VICTOR MAJTEN~ction Manager SUBJECT: DELRA Y SWIM & TENNIS CENTER STORAGE BUILDING, (PIN 2002-012) Agenda Request; Change Order #l/Final and Final Payment DATE: APRIL 26, 2005 Attached is an Agenda Request for City Commission to approve closeout Change Order #1/ Final. in the net deduct amount of $864.52, and final payment in the amount of $9,812.15 to Construction Quality Control, Inc. for completion of the Delray Swim and Tennis Center's Storage Building project (P1\ 2002- 012.] ). This change order liquidates the residual from the contingency allowance after miscellaneous changes to the soffit and to utility service connections. All changes for the project are itemized on the attached Exhibit A to Change Order #1, Final. The project is complete and all warranty documentation received. Staff recommends the City Commission approve Change Order #1/FinaJ in the deduct amount of ($864.52) and final payment in the amount of 59,812.15 to Construction Quality Control, Inc. for the completion of the DeJray Swim and Tennis Center's Storage Building project. Residual funds to be liquidated from P.O # 623263, account 117-4133-572-62.10, Recreation Impact Fee Fund/ Buildings. A Contractor Evaluation is also attached. cc Robert Barcmskl, AssIst City Manager Richard Hasko, Director of ESD Rafael Ballestero, Dep Director of Construction City Clerk's Office Agenda File 05/03/05 File 2002-012 1 (A) S \EngAdmm\ProJecls\2002\2002-012 lìCONSTRCTlAgd mem CO IFill CQCl 05 03 05 doc CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. l/Final PROJECT ~O. 02-012.1 DATE: PROJECT TITLE: Delray Swim & Tennis Center Storage Building TO CONTRACTOR: Construction Quality Control, 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 "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $89,986.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $000 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $89,986.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($864.52) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER 589,121.48 PERCENT DECREASE THIS CHANGE ORDER 0.96% TOT AL PERCENT INCREASE TO DATE 0.96% TOT AL CONTRACT TIME WILL BE INCREASE BY 0 DAYS. CERTIFIED STATEMENT: I hereby certitY 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. Construction Quality Control, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding IS available from account 117-4133-572-62.10 ($864 52). DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk <; \Fn"Anmln\Pmlf'c¡,,\)OO)\)OO)_Olì l\rON<;TRrnrOl Fnl Onc ron -o~ m O~ nnc Delray Swim Tennis Center Storage Building PIN 2002-012.1 Change Order #1/Final Schedule A Construction Quality Control Inc. Contract To date lTE\1 11 E;"'1 DESCRWI ION U]\;!T Ul'-irr PRICE QNTY EXTENDED QNTY EXTENDED ;-..10 PRICE PRICE 1.0 Cleaflng and Grubbing LS $5,000.00 I $5,00000 1.00 $5,000 00 ---------- ---------------------------------...-----------------..------- ---------- ...... ----- ----.... ------ .. ------ ---...... --- ----- .... ------- --- - - ------- -.. --- ------.......- ------ ------- - --... -- -- - - ---- 20 New Storage BUIlding LS $75,776.00 ] $75,77600 ] 00 $75,77600 ------_...-- ----------------------------------------------------------- ---------- ---- ----.... ---- ------ --..--_.... ----------....- --------- - - -- -------- ------- - - --- -- -- -.. --.. ...-.... - -------.. - ------.. 30 Lambcape LS 53,200.00 I $3,200 00 100 $3,200 00 ---------- -----........ - - -......- -- - ----- ------ - - - - - ----- ---- ------ - - ------- ---------- ---- - - - - ------ --- - -- ---- - - --------- - - - --- --------------------- ---- - - --- ----- - - ---..- - - - -- -- --- - ------- --- 40 Imgatlon LS '\J/A I N/A 0.00 N/A ---------- ------...-------...-------------------------------------------- ..--------- - - - - --- ...------ - ----- - - - ---------.. - ---- --- - - - - --------- - - - --...-- -- - - ----- --- - - ------- - -- ----- - ------- - ---- 5.0 As-Built DrawlI1gs LS $1,00000 1 $1,00000 1.00 $1,00000 ---------- -----..-----------------------------------_..---------------- ...--------- - ---------- - -- - - ---- --------- - - _...----- --- - ------ -...-- - - --- ----- --------------------- _..- -- - - ------- - ------ 60* Contingency LS 55,000 00 1 $5,000 00 0.00 $000 ------_...-- ----_..----------------------------------------------------- ---------- ---- ---- - ----- - --- -- ------ - ---- ------ - - -- - --- --- - - ---- -----.. -- - --- --- - --- ----- - - --- _..- - - ------- - --- ----- 70 Indclllnilicatlon LS 51000 I $10 00 1.00 $1000 ---------- -----..---------------....-..-..--..---..---....---...---..-..---------- ---------- ..---..--------------- --- - - -....------- - - -....- - ---- - - ------ --.... - ..-- .. --.. - - --- --- -- - ------ -.. - ------- - -..--- -- --.. TOTAL Colltract $89,986.00 $84,986.00 * Miscellaneous Changes 6.1 PIUlllbll1g, .lddnional Iootage to connection LS 52,235.48 0 $000 1.00 $2,23548 pOints 62 Appyl ;,tucco to softits In-lieu plywood LS $I,QOO.OO 0 $000 1.00 $1,90000 TOTAL Changes $0.00 $4,135.48 TOTAL ioDATE $89,986.00 I $89,121.481 Original Contract $89,986.00 PrevIous Changes $0.00 Contract approved to date $89,98600 Actual Contract to date $89,121.48 Change Order #1/Final ($864.52) Del ray SWim Tenms Center Storage BUlldl11g, PIN 2002-012 1 Page P 1 of 1 Agenda Item NO~ AGENDA REQUEST DATE April 26, 2005 Request to be placed on: -L Regular Agenda _ Special Agenda _ Workshop Agenda WHEN: May 3,2005 Description of item (who, what, where, how much): Change Order #1/Flnal in the deduct amount of S864 52 and a request for final payment in the amount of $9,812 15 to Construction Quality Control, Inc for the completion of the Delray Swim and Tennis Center's Storage BUilding proJect, PIN 2002-012 1 This change order will liquidate the contingency allowance not used under the contract. Funds will be liquidated from P.O.# 623263 to account 117-4133-572-6210, Recreation Impact Fee Fund/ BUildings ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Approve Change Order #1/Final and final payment to Construction Quality Control, Inc. for the a :ferenced project ~ Department Head q..,1- Signature. . -15 Determination of Consistency with Comprehensive Plan City Attorney Review/Recommendation (if applicable) Budget Director Review (reqUired on all Items Involving expenditure of funds): Funding available YES/NO Funding alternatives (If applicable) Account No. & Description See above Account Balance See above c.~-h1tCÍ" .J e..d",'* (;) J( YV¡ D ..¡ laz/~ City Manager Review: @ 1 Approved for agenda' E /NO ðÞ Hold Until Agenda Coordinator Review: Received Placed on Agenda: Action' Approved/Disapproved file 2002-012 1 (A) S \[ngAdmm\ProJects\2002\2002-0 12 I \CONSTRCT\Agnd reg CO# I Fill CQCI 05 03 05 doc ----- MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER df1 SUBJECT: AGENDA ITEM # 15G - REGULAR MEETING OF MAY 3,2005 CHANGE ORDER NO. 1/FINAL PAYMENT /COLONNA CONSTRUCTION CO., INC. DATE: APRIL 29, 2005 This is before the Commission to approve Change Order No.1 in the amount of a $44,893.09 decrease, and fInal payment in the amount of $12,670.75 to Colonna Construction Co., Inc. for the 2002 Sidewalk Improvement Program Project. Funding is available from 334-3162-541-65.61 (General Construction Fund/Downtown Pedestrian Network). Recommend approval of Change Order No.1 and final payment to Colonna Construction Co., Inc. for the 2002 Sidewalk Improvement Program Project. S:\City Clerk\agenda memos\Change Order 1 Colonna Construcl:1on 050305 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www mydelraJ/beach com TO: FROM: VICTOR MAJTE SUBJECT: 2002 SIDEWALK IMPROVEMENT PROGRAM, RE-BID (PIN 2002-036) Agenda Request; Change Order #l/Final and Final Payment DATE: APRIL 26, 2005 Attached is an Agenda Request for City Commission to approve closeout Change Order #l/Final, in the net deduct amount of $44,893 09, and final payment in the amount of$12,670.75 to Colonna Construction Co., Inc. for completion of the 2002 Sidewalk Improvements project (PN 2002-036). This change order is for final plus/minus quantity adjustments and miscellaneous changes to the original contract. All changes for the project are itemized on the attached Exhibit A to Change Order # I, Final. Staff recommends the City Commission approve Change Order #l/FinaI in the deduct amount of ($44,893.09) and final payment in the amount of $12,670.75 to Colonna Construction Co., Inc. for the completion of the 2002 Sidewalk Improvement project. Residual funds to be liquidated from P.O.# 620727, account 334-3162-541-65.61, General Construction Fundi Downtown Pedestrian Network. A Contractor Evaluation is also attached. cc Richard Hasko, Director of ESD Randal KreJcarek, City Engineer Rafael Ballestero, Dep Director of Construction City Clerk's Office Agenda File 05/03/05 File 2002-036(A) S \EngAdmlll\ProJects\2002\2002-036\CONSTRClìAgd mem co lFm Colonna 050305 doc ----- CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/Final PROJECT NO. 02-036 DATE: PROJECT TITLE: 2002 Sidewalk Improvement Program, Re-Bid TO CONTRACTOR: Colonna Construction Co., 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 "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $298,308.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $298,308.00 COST OF CONSTRUCTION CHANGES THIS ORDER (544.893.09) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $253,414.91 PERCENT DECREASE THIS CHANGE ORDER 15.0 % TOT AL PERCENT INCREASE TO DATE 15.0% TOT AL CONTRACT TIME WILL BE INCREASE BY 0 DAYS. 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. Colonna Construction Co., Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding IS available from account 334-3162-541-65.61 ($44,89309). DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk S \EngAdmm\ProJects\1002\2002-036\CONSTRCT\COI Fnl Doc Colonna -050305 doc CITY OF DELRA Y BEACH REBID OF 2002 SIDEWALK IMPROVEMENTS Project No. 2002·036 Change Order #1/Final Schedule A Colonna Construction Contract Award Contract to Date ITEM UNIT UNIT NO DESCRIPTION UNIT QNTY COST TOTAL QNTY COST TOTAL , ROADWAY ITEMS 1 MOBILIZATION LS 1 $ 1,500 00 $ 1,50000 100 $ 1,50000 $ 1,500 00 2 MAINTENANCE OF TRAFFIC (INCLUDES PEDESTRIAN Me LS 1 $ 4,500 00 $ 4,50000 100 $ 4.500 00 $ 4,500 00 3 CLEARING AND GRUBBING LS 1 $ 28,500 00 $ 28,500 00 100 $ 28.500 00 $ 28,500 00 4 RE'v10VAL OF EXISTING PAVEMENT AND SCARIFYING BA LS 1 $ 1,50000 $ 1,50000 100 $ 1,500 00 $ 1,500 00 5 REMOVAL OF EXISTING CONCRETE SIDEWALK LS 1 $ 1,50000 $ 1,50000 100 $ 1,500 00 $ 1.50000 6 CONCRETECURBTYPED LF 70 S 1800 $ 1,260 00 000 $ 1800 $ 7 CONCRETE CURB AND GUTTER TYPE F LF 1050 S 2300 S 24,15000 515 00 $ 2300 S 11,84500 8 CONCRETE SIDEWALK (4" THICK) SF 40.720 $ 240 S 97,72800 5019550 $ 240 $ 120.46920 9 CONCRETE SIDEWALK (6" THICK) SF 5,300 $ 290 $ 15,370 00 13872 25 $ 290 $ 40,229 53 10 CONCRETE DRIVEWAYS (6" THICK) SF 24,600 $ 290 $ 71,34000 5352 00 $ 290 $ 15,520 80 11 ASPHALT CONCRETE DRIVEWAY CONSTRUCTION SY 100 $ 2700 $ 2,70000 000 $ 2700 $ - 12 PAVEMENT MARKING AND SIGNAGE LS 1 $ 3,500 00 $ 3,500 00 000 $ 3,500 00 $ - 13 SWALE GRADING AND SODDING SY 4,300 $ 500 S 21,50000 4300 00 $ 500 $ 21,50000 14 RELOCATE WATER METER & BOX EA 4 $ 800 00 $ 3,200 00 000 $ 800 00 $ 15 RESET EXISTING VALVE BOX AND COVER i EA 4 $ 5000 $ 200 00 000 $ 5000 $ - 16 RESET EXISTING SAN SEWER CLEANOUT EA 1 $ 10000 $ 10000 000 $ 10000 $ - 17 RESET EXISTING JUNCTION BOX EA $ $ 000 $ $ - 18 RELOCATE EXISTING FENCE LF 225 $ 10 00 $ 2,250 00 000 $ 1000 $ - 19 CHAIN LINK FENCE (4 FEET HIGH) LF - $ $ - 000 $ - $ 20 UTILITY ALLOWANCE LS 1 $ 5,000 00 $ 5,000 00 000 $ 5,000 00 $ 21 VIDEO ALLOWANCE LS 1 S 2,00000 $ 2,00000 100 $ 2,000 00 $ 2,000 00 22 LANDSCAPING ALLOWANCE LS 1 $ 8,00000 $ 8,00000 043 $ 8,000 00 $ 3.465 38 23 IRRIGATION ALLOWANCE LS 1 $ 2,50000 $ 2,50000 035 $ 2,500 00 $ 875 00 24 INDEMNIFICATION LS 1 $ 10 00 $ 1000 100 $ 10 00 $ 1000 TOTAL Contract Award $ 298,308 00 $ 253,414 91 Contract Award 298,308 00 Previously Approved Changes 000 Award to Date 298,30800 Contract to Oat! 253.41491 Change Order #1/Final ($44,893.09) aua"ltltles Co:>nr,a xiS 4/2512005 AGENDA REQUEST Agenda Item NO~ DATE. April 26, 2005 Request to be placed on: -L Regular Agenda _ Special Agenda _ Workshop Agenda WHEN: May 3, 2005 Description of item (who, what, where, how much): Change Order #1/Flnalln the deduct amount of 544,893.09 and a request for final payment In the amount of 512,670.75 to Colonna Construction Co, Inc for the completion of the 2002 Sidewalk Improvement project, PIN 2002-036 This change order will liquidate the contingency allowance not used under the contract Funds will be liqUidated from PO # 620727 to account 334-3162-541-65.61, General Contructlon Fund/ Downtown Pedestnan Network ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Approve Change Order #1/Flnal and final payment to Colonna Construction Co, Inc for the above referenc d project. <JJ£2 Department Head 4. ~:J.~ 0.) Signature Determination of Consistency with Comprehensive Plan City Attorney Review/Recommendation (If applicable) Budget Director Review (required on all Items Involving expenditure of funds)" Funding available YES/NO Funding alternatives (If applicable) Account No & Descnption See above Account Balance See above Contr~Cf' ~eJurß øK Y'^I.J../lal!cG , City Manager Review: @ Approved for agenda' E /NO ~1 Hold Until Agenda Coordinator Review: Received Placed on Agenda Action. Approved/D isapproved file 2002-036 (A) S \[ ngAdm\l1\ProJects\2002\2002-036\CONSTRCT\Agnd req COill F\I1 Colonna 05 03 05 doc ~----- - MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CITY MANAGER ß'1'1 SUBJECT: AGENDA ITEM # ~\-\: - REGULAR MEETING OF MAY 3.2005 GRANT APPLICATION/PALM BEACH COUNTY PUBLIC LANDS GRANT PROGRAM DATE: APRIL 29, 2005 This is before the Commission requesting authorization to submit an application for a 50%/50% matching grant in the estimated amount of $14,860.00 for the Palm Beach County Public Lands Grant Program for the removal of exotics and invasive vegetation at Barwick Park. Funding for the City's portion is requested from the 2005-2006 operating budget. Recommend approval of submission of the Palm Beach County Public Lands Grant application. S:\Clty Clerk\agenda memos\PBC Pubbc Lands Grant 050305 --- [I" DF DELIR' IER[H DElRAY BEACH f I () II I [) A tw.e:d 100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 561/243-7000 AII·America City , III I! 1993 MEMORANDUM 2001 TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Palm Beach County Invasive Non-Native Vegetation Removal Incentive Program DATE: April 27, 2005 Palm Beach County Department of Environmental Resources Management has a grant program to remove exotics from public lands for the 2005-2006 fiscal year. Each year the County will make available a total of $400,000 for a minimum of 50%/50% matching grant programs on a reimbursable basis with a $50,000 maximum for each individual project. We would like to submit a grant application for removal of exotics and invasive vegetation at Barwick Park. The primary problem species is Air Potato. Attached is a quote from Aquatec Systems in the amount of $14,860. We have requested funding for our portion of this grant in the 2005 - 2006 operating budget. Please place this on the May 3, 2005 agenda for City Commission consideration. J D Parks and Recreation Attachments cc: Carolanne Kucmerowski, Agenda Coordinator Tim Simmons, Parks Superintendent Ref:dermgrnt * Prmted on Recycled Paper THE EFFORT ALWAYS MATTERS Ø4/26/2ØØ5 14:21 AQUATEC CORPORATE OFF I CE ~ 15612437269 t£.871 0005 . I VIa Fa<::.sbnile ... April 26. 2005 Mr, TnnSimmonB Parlts andRecreatîon De:pt.a111naD.t City of Dcb:ay Bach 100 N_W..1tt Ave.. Dekay Beach, Florlda 33+44 Facsimße 11: 561>243-7269 RE: Proposal for Ecological Service5 Barwick Pad<. ./~ PaJm Beach County. Florida ASI PropœaJJConttatt Nmnber P05~2847 .-J''' ~~.../¢~~ Dear Ms. Davíla: ~ ~~;. ; . . ~"'~ . #' . . ~. .."r.' Plea5e a.ccept thefo~~~~~;~xec:ent¡equest fora proposal_~~e«#. mvironmental . ^" '(~"with tb.~~-l:U;&. ,:rhe~:wfll"-'" 'dean~ of the professî.o ' ~<;~.~ :." ~",' W#~rb.,1r,~c~~:s'r:eit~.1iIed:mi't1ie ~bje.ct :;eIs Ôfland known as B ocated in Pahn ìJiad£County. E¢da. IheiDf01.'IiJation contained in I the proposal is . and may not 1x used wíthout ~ writtm permjssionfrom , CONTRAŒ The proposed agœ.eroent is bE:tw~Aqnatec Sysreœs Corpontion I (CONTRAcrOR) and City ofDeJray J3each (CLITh"'I) for ~talserviœs on BaIWick I Park. I : L IJJitíal ExotkFJaut &adkation · Hand removal of all (100%) a.odc and învasiveveg¢alion witlñn the 4.0 acre area. Vme I growth within the canopy of the expos1ting treeS is to be C1.1t near the base of the tree. and t:teattd. i · 0:Ifsjœ disposal ofa11 œ.moVed Vêgeta.tioñ. &om the exOtic cl.earing. · Herbicide: txeaaneJ}t of œmaiuÏI1g stUmpS. No st:ninp æm.oval · The initW clean up mcludes herbicide treatment of all c:xot:ic. and nuisance plants wítlñn the preserve areas. The. price includes all chemïcaIs, materials, and labor. This Î8 baaed. on unintttmpte.d maînœnanœ. UJJ.SUitable soíJs or hydrology, or unnat:IU.'3l weather are not JDcluded · Includes OIæ follow up tœatItIII.U of exotics witbin 3 xnonths of ïnitial treatment. Total~ ____~___..________..___---. $14.859.64 CORPORATE: H5AOQUARTERS :3141 FORTUNE WAY, SUITê 4 . W~LLlNGTCN. FLOFlIOA a3414 PHONE 661-784-:2S00 . FAX 681-784-2777 AGUATECGRCUPOM8N.COM - 04/261'2ØØ5 14:21 AQUATEC CORPORATE OFFICE ~ 15612437269 NO. 871 1iIæ6 2- Additional Savices Additional ærvices required by ClIENT will be pe:d'0DD£d OD an hourly fee basis and 1?illed ac:x:œ:ding to the attached fee schedule. unless the: patties.. wbicl1 addressed the addiiîonal services, cœcute an addendum to this agreement- CONTRACTOR will bill nO additional sexvices unless specifically requested by CilENTo 3.. Compensation , Billings will be prepared momMy which. will be based upon contract amount, wutk accomplished, or hourly tasks. for ad:1W hours worked. including reimbursement expenses. This agreement; does not îndude engín-mtg or surveyíDg information that may be requittd All bi11ing will be due and payabk upon presenÞtion. 4. Closure ,~ If}IUU concur with the provi:sions of this agre.eoænt. and the A StaDdard AgI:efmeDt ~,.", and wish ro direct Aquat~ Syst~ Incoi:porated to proceed with the afmemmtio~ Work. please ~ecute tbis ~t. copy of SUl'Vq and œ:tum to our office.. A l~et"atitb.orlñng Aquatec System&, Incotpar.a.te4-',~ act,,~ agent on tk contract is required. All fees and times included in this propQJ¡~~~d:fó!i~¢ of 30 days from Ik date of this agœemeñt. Work wiIlbeginonthisrn.._í8o;,," tiithese~t~s~reœ:l.ved. ~' ' ." ~. .d. ~ .,' , ",,' J~~" -Z¡fi¡/;,;',:';_:;,:: /-" '¡'" ," " .. , ' , ' ' 'fh¡mk you fur , .-' ~.. .ty to offé;r"thîs proposal and do not hesint~·tò contact me should you have ad . '.< :<'í:equirements or have COlDIDe:Dts on this important project. , ' IN WITNESS WHEREOF, tht:: CONTRACTOR and the CLIENT ha~ a:eçntc:d this agœe.xnent as indicated belmv. I As to cONTRACTOR., & to CLIENT, I I Dry ofDdray:Beach ! I Aaron]. NanlC Pr:esíJeÞt Title: Date: April 26, 2005 Date ASl PIopœaIIContract Number POS-2847 ~ - ... , . Invasive Non-native Vegetation Removal Incentives PUBLIC LANDS GRANT PROGRAM Guidelines & Application - 2005 A County-funded program to assist municipalities and other public entities with the removal of non-native invasive vegetation from public lands ---~------- ---- . . . " . PALM BEACH COUNTY PUBLIC LANDS GRANT PROGRAM .~. J" INVASIVE NON-NATIVE VEGETATION REMOVAL APPLICATION PACKAGE ""(: .~ COUNTY FISCAL YEAR 2005 - 2006 Program Description The Palm Beach County Board of County Commissioners has initiated a program administered by the County's Department of Environmental Resources Management (ERM) to assist municipalities and other public entities with the removal of invasive non-native vegetation from public properties in Palm Beach County. Each fiscal year, subject to budget availability and approval, the County will make available $400,000 for a matching grant program on a reimbursement basis, with a $50,000 maximum for each individual project. Qualified Applicants Municipalities participating with the County's Prohibited Invasive Non-native Vegetation Removal Ordinance, 298 drainage districts, special districts, public schools, and public universities in Palm Beach County. Application Deadline The attached three-page application and required attachment should be completed and received by the Grant Coordinator by 5:00 PM. Mav 31.2005, and must be mailed or delivered to ERM at the address provided on the application. Information should be provided on the front side of the application only. Applications submitted by facsimile transmission will not be accepted. Funding Requirement Except as provided in this section, funds from this grant may only be applied to the actual costs incurred for the removal or eradication of invasive non-native vegetation. No part of this grant shall be used for project administration/overhead. A small amount of each grant (up to 5%) may be used for environmental education relating to the invasive vegetation removal associated with the project. The educational component may not be used for the purchase of equipment. Project Match Requirement Applicants must be able to provide at least a fifty (50%) percent match ofthe total project cost. The applicant's cost-share match can be direct (actual) contributions (e.g., equipmentJmaterialJexpenses/labor), funding from other grants, replanting with Florida nati-ve vegetation, and/or up to 10% for in-kind services (e.g., planning and design). The grant may not be used to cover costs associated with the preparation, submission or presentation of the funding application. The municipalities of Belle Glade, Mangonia Park, Pahokee, and South Bay only have to meet a 25%/75% match. Minimum Criteria 1. Project must be submitted by a qualified applicant and must be designed to remove one or more of the County's nine prohibited plant species (Air potato, Australian pine, Brazilian pepper, carrotwood, earleaf acacia, kudzu, old-world climbing fern, melaleuca, umbrella tree). 2. Project must be located on public lands managed or maintained for greenspace, or preservation/conservation. 3. Project cannot be a required mitigation project with an invasive plant removal requirement. 4. Follow-up monitoring and maintenance of control site by managing agency must be available in perpetuity. 5. Planting/restoration plan (if applicable) must include Florida native vegetation and may not include Florida Exotic Pest Plant Council Category lor II plant species (see www.f1eppc.org for most current list). 6. Project must have a minimum fifty-percent project match, except for those municipalities specified in the Project Match Requirement section. 7. Project cannot involve the clearing of native vegetation for maintenance purposes. · PALM BEACH COUNTY PUBLIC LANDS GRANT PROGRAM -INVASIVE NON-NATIVE VEGETATION REMOVAL APPLlCA TION PACKAGE - COUNTY FISCAL YEAR 2005 - 2006 Judeinl! Criteria TOTAL CRITERIA POINTS 20 Project site is a natural/conservation area vs. disturbed/developed site. IS Native plant communities and/or wildlife habitats benefit from the proposed project IS Site is connected to or in close proximity to other public conservation lands. 10 Project location and/or location of invasive vegetation are highly visible to the public Project builds upon established invasive vegetation control programs or applicant identifies specific 10 means to irq:>lement an ongoing maintenance program for the project area that targets invasive non- native plants 10 Project is cost effective: matching funds are secured, volunteer labor is being used to the extent possible, and equipment and labor/contractor costs are reasonable, pay scale not excessive. 10 Project includes a public outreach/education component 10 Municipal, local agency, county, state or federal project (Municipal = 1 Opts., local agency = 8pts., County = 6pts., State = 4pts, Federal = 2pts.) AppJication Processing & Awarding Applications will be reviewed by ERM staff and a modified Natural Areas Management Advisory Committee (NAMA C) for general compliance with grant criteria to determine eligibility. NAMAC will constitute the selection committee and will meet on June 17, 2005 to determine the final grant award based on the minimum and judging criteria listed above for the grant nine month grant. Projects will be funded by order of ranking until all available funding is encumbered. NA.....MAC grant award recommendations will be submitted to the July 12,2005 BCC meeting for approval. Grant agreements (attached) will be mailed to successful applicants for the appropriate signature and due back to the County by September 12,2005. NOTE: It is not permitted for an applicant to contact any Selection Committee members regarding their grant application(s). Any contact may be cause for an application to be rejected. Grant Al!reement Selected applicants for funding must enter into a grant agreement with the Board of County Commissioners for review of contract deliverables, certified invoices detailing project cost, and payment of reimbursable grant funds. Reimbursement costs are available only for expenses that occur after the contract execution date. The project needs to be completely developed, permitted as appropriate and completed within nine months of grant award. For example, for a grant awarded on September 30, 2005, the work must be completed and invoices submitted by June 30, 2006. The following items will be required as part of the grant agreement: 1. A final inspection by ERM as a prerequisite to final reimbursement. 2. Reimbursement requests must be made using the enclosed Reimbursement Summary Form and must be accompanied by original invoices and proof of payment. 3. A copy of a brief news release highlighting the successes of the project and acknowledging the contribution of the grant towards the project success. 4. A fmal report (1-2 pages) summarizing the project, including a description of the treatment area, along with photographs, must be submitted along with the reimbursement request and news release. .. - INTËRLOCAL A(j~ÊMËN'r BETWEEN PALM BEACH COUNTY AND (INSERT CITY OR PUBLIC AGENCY NAME, including improvement and water controVdrainage distridS) District - This Interlocal Agreement (hereinafter "Agreement") is made the day of . 200-, between the , a municipality/public agency (CHOOSE ONE) located in Palm Beach County, Florida (hereinafter "Grantee") and Palm Beach County, a political subdivision of the State of Florida, (hereinafter "County"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geograplñc, economic, population and other factors influencing the needs and development oflocal communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority wlñch such agencies share in common and wlñch each might exerCIse separately, and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm , Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance, or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions; and WHEREAS, certain species ofprolñbited invasive non-native vegetation are spreading rapidly into natural areas in the County, displacing native vegetation, destroying wildlife habitat and creating undesirable vegetative monocultures; and WHEREAS, certain species ofprolñbited invasive non-native vegetation have a variety of noxious qualities, including, but not limited to, adverse effects on human health, hazards to public safety, and undesirable aesthetics in the County; and WHEREAS, the 1989 Comprehensive Plan, as amended, mandates that the County shaH continue efforts to eradicate prolùbited invasive non-native vegetation; and WHEREAS, the nine prolñbited invasive non-native plant species (Air Potato, Australian Pine, Brazilian Page 1 Pepper, Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca, and Queensland Umbrella Tree) are also found in both unincorporated and incorporated areas of the County; and WHEREAS, eradication of prohibited invasive non-native vegetation will require the combined efforts of the municipalities and the County to stop their spread; and WHEREAS, the Board of County Commissioners has established and funded a grant program to financially assist municipalities and other public agencies with removal of this invasive non-native vegetation ITom publicly owned lands and related educational activities, and NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: ARTICLE 1 - PROJECT TO BE COMPLETED BY THE GRANTEE: The Grantee agrees, during the term of tlús Agreement, to assist in the removal of invasive non-native vegetation within the County as specifically set forth in Exlúbit A attached hereto and made a part hereof. The Grantee shall coordinate work on the project with the County's Department of Environmental Resources Management, hereinafter referred to as the Sponsoring Department, and shall submit all invoices, reports and records to the Sponsoring Department, as specifically set forth in Exlúbit B and Article 8, hereof. ARTICLE 2 - PAYMENTS TO GRANTEEIREIMBURSABLE: The County shall pay to the Grantee as reimbursement of the Grantee's expenses, an amount not to exceed Dollars ($ ), provided the Grantee completes the removal project as described in Exhibit A, and meets the estimated match requirement of Dollars ($ ) as noted in Exhibit A. Activities eligible for match requirements include (actual) contributions (e.g., equipment usage/direct operating expenses/in-kind services), funding ITom other non-County grants and replacement planting with vegetation native to Florida. Costs related to in- kind services (e.g., plamñng & design) shall be limited to salaries and mnge benefits. Only those costs incurred after the effective date of the Agreement will qualify as matclúng funds. County funding can be used to match grants ITom other non-County sources; however, the Grantee cannot submit reimbursement requests for the same expenses to more than one funding source or W1der more than one County-funded program The Grantee will bill the County upon completion of the project, for expenses actually incurred and paid, up to the amounts set forth in Exhibit A for the project. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and Page 2 acceptance by the County of a properly completed Payment Request Summary Form, provided as Exhibit B. In support of the Payment Summary form, the Grantee must also provide, from its accounting system, a listing of expenditures in detail sufficient to evidence actual payment and that said expense was necessary in the performance of the Scope of Work described in Exhibit A. The Grantee shall supply any further documentation such as copies of paid receipts, canceled checks, invoices or other documents deemed necessary by the County. All supporting invoices and receipts must clearly state that goods and/or services were invoiced to Grantee and not to an individual or "Cash." In the case of reimbursement for a portion of a salary, the canceled check submitted as invoice must be payable to the referenced individual and memorandum as such on the check. Reimbursement requests received from the Grantee will be reviewed and approved by the Department of Environmental Resources Management, 3323 Belvedere Road, Building 502, West Palm Beach, FL 33406-1548, which will indicate that the expenditures have been made in conformity with this Agreement and send the payment request to the County's Finance Department for final approval and payment. The invoice must be submitted along with a final report, as described in Article 8 below. ARTICLE 3 - AVAILABILITY OF FUNDS: The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Palm Beach County. ARTICLE 4 - INSURANCE: A. . Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee acknowledges it is self-insured under State Sovereign Immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature, which the County agrees to recognize as acceptable coverage for General Liability and Automobile Liability insurance. B. In the event the Grantee does not rely exclusively on sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee shall agree to maintain third-party Commercial General Liability at limits not less than $500,000 per occurrence. With respect to Commercial General Liability, Grantee shall agree to add the County as an "Additional Insured," Page 3 C. The Grantee agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes, Chapter 440. D. The Grantee shall provide a statement or Certificate ofInsurance evidencing insurance, self-insurance and/or sovereign immunity status, which County agrees to recognize as acceptable for the above required coverages. The Certificate Holder will be: Palm Beach County, Dept. of Environmental Resources Management, 3323 Belvedere Rd., Bldg. 502, West Palm Beach, FL 33406-1548. ARTICLE 5 - INDEMNIFICATION: Without waiver oflimitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the County agrees to indemnify and hold harmless the Grantee from any claims, losses, demamls or cause of action of whatsoever kind or nature that the Grantee, its agents or employees, mayor comd sustain as a resmt of or emanating out of the terms and conditions contained in this Agreement that resmt from the County's negligence or willful misconduct. Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the Grantee agrees to indemnify and hold harmless County from any claims, losses, demands or came of action of whatsoever kind or nature that the County, its agents or employees, mayor c01Ùd sustain as a result of or emanating out of the terms and conditions contained in this Agreement that result from the Grantee's negligence or willful misconduct. Nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. ARTICLE 6 - W ARRANTYfPERSONNEL: The Grantee warrants that all project-related services shall be perfonned by skilled and competent personnel to the highest professional standards in the field. The Grantee further represents that it has, or will secure at its own expense, all necessary personnel required to complete the project under this Agreement, and that they shall be fully qualified and, if required, authorized, pennitted and/or licensed under State and local law to complete such project. Such personnel shall not be employees of or have any contractual relationship with the County. ARTICLE 7 - EQUAL OPPORTUNITY PROVISION: Page 4 · The County and the Grantee agree that no person shall, on the grounds of race, color, sex, age, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded ITom the benefits of; or be subjected to any form of discrimination under any activity carried out by the performance ofthis Agreement. ARTICLE 8 - GRANTEE'S PROJECT-RELATED AGREEMENTS: The Grantee further agrees: 1. To allow the County through its Sponsoring Department to monitor Grantee to assure that the project is completeq as outlined in the Exhibit A. 2. To provide the funds for the balance of the project not funded by the County. 3. To maintain books, records, documents, and other evidence which sufficiently and properly reflects all costs of any nature expended in the performance ofthis Agreement. 4. That all records shall be subject to the Public Records Law, Chapter 119, Florida Statutes. 5. That the County shall be promptly reimbursed for any funds which are misused or misspent. 6. To complete the project, and submit a final 1-2 page project report to the County by the Agreement expiration date noted in Article 11 below. The final report shall include a Payment Request SUImnary Form along with documentation, as described in Article 2 above, and a copy of a brief press release higlùighting the successes of the project and acknowledging the contribution of the grant towards the project success. Failure to submit completed reports within the specified timeÍÏ"ame will result in a delay in payment andlor termination of this Agreement. ARTICLE 9 - ACCESS AND AUDITS: Grantee shall maintain adequate records to justify all charges, expenses and costs incurred in accordance with generally accepted accounting principals. The County shall have access to all books, records, and documents as required in this secnon for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the project. ARTICLE 10 - PUBLIC ENTITY CRIME CERTIFICATION: k3 provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof; the Page 5 · Grantee certifies that its suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months imrnediatelyprecedingthe date hereof. Tills notice is required byF.S. 287.133 (3) (a). ARTICLE 11 - EFFECTIVE TERMlTERMINA TION: The term of tills Agreement shall be effective on the date of execution of the Agreement by both parties and shall continue in full force until (insert Agreement Expiration Date), unless otherwise terminated as provided herein. Tills Agreement may be terminated by either party upon tillrty (30) days written notice by the terminating party to the other party, provided that the County will not arbitrarily or unreasonably deny funding to Grantee under the terms and conditions set forth herein. ARTICLE 12 - NOTICES: The County's representative/grant manager during the term of tills Agreement is identified as: Department of Environmental Resources Management Attn: Director 3323 Belvedere Road, Building 502 West Palm Beach, FL 33406 (561)233-2400 Fax: (561) 233-2414 The Grantee's representati vel grant manager duri ng the term of the Agreement is identified as: All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States mail to the County and Grantee representative/grant manager identified above, respectively, and with a copy to the Palm Beach County Attorney's Office, 301 North Olive Avenue, Sixth Floor, West Palm Beach, FL 33401. Page 6 ARTICLE 13- ENFORCEMENT COSTS Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions ofthis Agreement shall be borne by the respective parties provided, however, that this clause pertains only to the parties to this Agreem:mt. ARTICLE 14- COMPLIANCE WITH LAW The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. ARTICLE 15- REMEDIES This Agreement shall be construed by and governed by the' laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will 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 such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 16- SEVERABILITY In the event that any section, paragraph, sentence, clause or provision hereof by held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. ARTICLE 17 - ENTIRETY OF AGREEl\1ENT The Grantee agrees that the Scope of Work has been developed from the Grantee's funding application and that the County expects perfonnance by the Grantee in accordance with such application. In the event of a conflict between the application and this Agreement, this Agreement shall control. The County and the Grantee both further agree that Page 7 . . this Agreement sets forth the entire agreement between the parties, and that there are no proIIÙses or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 18 - COUNTY'S AUTHORITY TO EXECUTE AGREEMENT The Board of County Commissioners of Palm Beach County, Florida delegated the authority to execute this Agreement to the County Administrator, the Director and Deputy Director of the Department of Environmental Resources Management on (February 25, 2003.) IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the County and Grantee has hereunto set his/her hand the day and year above written. [CITY OR PUBLIC AGENCY NAME PALM BEACH COUNfY, FWRIDA (If water control/drainage district: A CORPORATION FOR ITS BOARD OF COUNfY UNDER THE LAWS OF THE STATE OF FLORIDA)) CŒv1MISSIONERS By: By: Ma yar Date Richard E. Walesky, Director Date (or Improvement District President) Environmental Resources Management ATIEST: By: APPROVED AS TO FORM AND Date LEGAL SUFFICIENCY: [If water control/drainage district: By: Its: Assistant County Attorney [I'itle) Federal Tax J.D. #: (corp.seal) WITNESS: By: [Name) Date) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City's Attorney Page 8 -------~~ - --- Date: April 27. 2005 AGENDA ITEM NUMBER:~ AGENDA REQUEST Request to be placed on: _Consent Agenda ...!.-Regular Agenda _Workshop Agenda _Special Agenda When: May 3. 2005 Description of Agenda Item (who, what, where, how much): Request approval to apply for a grant from palm Beach County Invasive Non-Native Vegetation Removal Incentive Program in the estimated amount of $14,860 for the removal of exotics and invasive vegetation at Barwick Park. This is a 50%/50% matching grant program on a reimbursable basis. We have requested funding for our portion of this grant in the 2005-2006 operating budget. Department Head C)Y-RJ Signature: City Attorney Rev e IRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @I No Initials: rl Hold Until: Agenda Coordinator Review: Received: -----~--~~- MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER r;rI1 I SUBJECT: AGENDA ITEM # <6I - REGULAR MEETING OF MAY 3.2005 GRANT AWARD FOR HOUSING REHABILITATION CONTRACT DATE: APRIL 29, 2005 This is before the Commission to consider approval of the following housing rehabilitation contract: . $24,932.25 to South Florida Construction for 925 S.W. 10th Avenue Funding for the total amount of $24,932.25 is available &om 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP) Program/Housmg Rehabilitation). Recommend approval of the housing rehabilitation grant/contract award as outlined above. s"\Ctty Clerk\agenda memos\CDBG Housmg Rehab Award 050305 , MEMORANDUM TO: David Harden, City Manager FROM: Ferline F. Mesidort, C.D. Specialist THRU: Kendra W. Graham, C. D. Administrator Lula Butler, Community Improvement Director L0 DATE: April 27, 2005 SUBJECT: Community Development Division Housing Rehabilitation Grant Award ITEM BEFORE THE COMMISSION Approval is requested for one (I) 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 ensunng 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 Staffrecornmends awarding the bid for one (1) Housing Rehabilitation project(s) to the verified responsible low bidder(s) and authorize award in the following amount: Case Number Address Contractor Grant Amount 04-016 /925 SW 10th Avenue I South Florida Construction I $ 24,932.25 ---~-- . . - . CITY OF DELRA Y BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2005-22 APPLICANT: Sherry Riley PROJECT ADDRESS: 925 SW 10th Avenue DATE OF BID LETTERS: April 7, 2005 DATE OF BID OPENING: April 21, 2005 NAME OF CONTRACTORS AMOUNT OF BIDS Cordoba Construction Co., Inc. E.S. Cummings Construction Co. Henry Haywood J. Mosca Builders, LLC. Paul Hensel Construction Solutions Remodeling & Design Services, Inc, South Florida Construction $ 23,745.00 Sun Band Builders Construction $ 27,065.00 Tommy Preston Horizon Roofing Petito Roofing Roofing Team Inc. Wrights Way Roofing In-House Estimate $ 22,967.05 CONTRACTOR AWARDED CONTRACT: I South Florida Construction ( BID/CONTRACT AMOUNT: $23,745 Contingency 5% 1,187.25 $24,932.25 FUNDING SOURCE: Community Development Block Grant Account #118-1924-554-49.19 COMMENTS: Lowest bidder awarded project. S:renpgnnlblddocslbldlnfosheet Agenda Item No.: ~ AGENDA REQUEST Request to be placed on: Date: April 27, 2005 _ Regular Agenda _ Special Agenda _ Workshop Agenda _ Consent Agenda When: May 3, 2005 Description of item: (who. what. where. how much): Case Number Address Contractor Grant Amount 04-016 I 925 SW lOth Avenue I South Florida Construction I $ 24,932.25 ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO Recommendation: Staff recommends approval of one (1) State Housing Initiatives Partnership Program Rehabilitation Grant in the amount listed above for a total award of $. SHIP Total: $ 24,932.25 Account Number: 118-1924-554-49.19 Department Head Signature: þ~ - ~ City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: @O f..}:í0 Funding Alternatives: (if applicable) J(~6,%k/;~ Account No. & Description: 1/9-/124-- S'SZI. L/9 -/9.- tblASiílj Account Balance: $4~ L/S t./, Z'$' City Manager Review: @/NO z1Þ1 Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: o~ . PJ1 [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW ] sl AVENUE· DELRAY BEACH. FLORIDA 33444 TELEPHONE 561/243-7090 . FACSIMILE 561/278-4755 DELRA Y BEACH Wnter's Direct Line: 561/243-7091 F L 0 . I D A ....... AJ.Amerlca City ~II~ MEMORANDUM DATE: April 29, 2005 TO: City Commission David Harden, City Manager I\-; ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Aqreement with Palm Beach County on Fed CuP Sponsorship Attached please find an Agreement with Palm Beach County regarding the sponsorship of the Fed Cup. The Agreement provides that the County shall reimburse the City, up to $40,000.00 for expenses incurred by the City for the Fed Cup. Please place this item on the May 3,2005 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Robert Barcinski, Asst. City Manager <6~ · CONTRACT FOR SPONSORSHIP OF DAVIS CUP This Contract is made as of the day of , 200_, by and between Palm Beach County, a Political Subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY, and the City of Delrav Beach [ ] an individual, [ ] a partnership, [X ] a political corporation authorized to do business in the State of Florida, hereinafter referred to as the CITY, whose Federal J.D. number is 59-6000308. In consideration of the mutual promises contained herein, the COUNTY and the CITY agree as follows: ARTICLE I-SERVICES The CITY'S responsibility under this Contract is to provide professional/consultation services in the area of sponsorship for the Federation CUD, as more specifically set forth in the Scope of Work detailed in Exhibit "A". The COUNTY'S representative/liaison during the perfonnance of this Contract shall be J. Charles Lehmann. telephone no. 561-233-3130. The CITY'S representative/liaison during the perfonnance of this Contract shall be B~ Dubin, telephone no.561-265-0255. ~f\~t\ ARTICLE 2 - SCHEDULE The CITY shall commence services on March 15. 2005 and complete all services by June 30. 2005. Reports and other items shall be delivered or completed in accordance with the detailed schedule set forth in Exhibit "A". ARTICLE 3 - PAYMENTS TO CITY A. The total amount to be paid by the COUNTY under this Contract for all services and materials including, if applicable, "out of pocket" expenses (specified in paragraph C below) shall not exceed a total contract amount of Forty Thousand Dollars ($40.000). The CITY shall notify the COUNTY's representative in writing when 90% of the "not to exceed amount" has been reached. The CITY will bill the COUNTY on a monthly basis, or as otherwise provided, at the amounts set forth in Exhibit "B" for services rendered toward the completion of the Scope of Work. Where incremental billings for partially completed items is 1 pennitted, the total billings shall not exceed the estimated percentage of completion as of the billing date. B. Invoices received from the CITY pursuant to this Contract will be reviewed and approved by the COUNTY's representative, to verify that services have been rendered in confonnity with the Contract. Approved invoices will then be sent to the Finance Department for payment. Invoices will nonnally be paid within thirty (30) days following the COUNTY representative's approval. C. "Out-of-pocket" expenses will be reimbursed up to an amount not to exceed N/A Dollars ($ N/ A ), and in accordance with the list of the types and amounts of expenditures eligible for reimbursement as set forth in Exhibit "B". All requests for payment of "out-of-pocket" expenses eligible for reimbursement under the tenns of this Contract shall include copies of paid receipts, invoices, or other documentation acceptable to the Palm Beach County Finance Department. Such documentation shall be sufficient to establish that the expense was actually incurred and necessary in the perfonnance of the Scope of Work described in this Contract. Any travel, per diem, mileage, meals, or lodging expenses which may be reimbursable under the tenns of this Contract will be paid in accordance with the rates and conditions set forth in Section 112.061, Florida Statutes. D. Final Invoice: In order for both parties herein to close their books and records, the CITY will clearly state "final invoice" on the CITY;S finaVlast billing to the COUNTY. This shall constitute CITY'S certification that all services have been properly perfonned and all charges and costs have been invoiced to Palm Beach County. Any other charges not properly included on this final invoice are waived. by the CITY. ARTICLE 4 - TRUTH-IN-NEGOTIATION CERTIFICATE Signature of this Contract by the CITY shall also act as the execution of a truth-in- negotiation certificate certifying that the wage rates, over-head charges, and other costs used to detennine the compensation provided for in this Contract are accurate, complete and current as of the date of the Contract and no higher than those charged the CITY'S most favored customer for the same or substantially similar service. The said rates and costs shall be adjusted to exclude any significant sums should the COUNTY detennine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The COUNTY shall exercise its rights under this Article 4 within three (3) years following final payment. ARTICLE 5 - TERMINATION This Contract may be terminated by the CITY upon sixty (60) days' prior written notice to the COUNTY's representative in the event of substantial failure by the COUNTY to 2 perform in accordance with the terms of this Contract through no fault of the CITY. It may also be tenninated, in whole or in part, by the COUNTY, with or without cause, immediately upon written notice to the CITY. Unless the CITY is in breach of this Contract, the CITY shall be paid for services rendered to the COUNTY'S satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the COUNTY the CITY shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work, and other materials related to the terminated work to the COUNTY. D. Continue and complete all parts of the work that have not been terminated. ARTICLE 6 - PERSONNEL The CITY represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the COUNTY. All of the services required hereinunder shall be performed by the CITY or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such ServIces. Any changes or substitutions in the CITY'S key personnel, as may be listed in Exhibit "A", must be made known to the COUNTY'S representative and written approval must be granted by the COUNTY's representative before said change or substitution can become effective. The CITY warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. All of the CITY personnel (and all Subcontractors) while on County premises will comply with all COUNTY requirements governing conduct, safety and security. ARTICLE 7 - SUBCONTRACTING The COUNTY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Contract. The CITY is encouraged to seek additional small business 3 enterprises for participation in subcontracting opportunities. If the CITY uses any subcontractors on this project the following provisions of this Article shall apply: If a subcontractor fails to perfonn or make progress, as required by this Contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CITY shall promptly do so, subject to acceptance of the new subcontractor by the COUNTY. The Palm Beach County Board of County Commissioners has established a minimum goal for SBE participation of 15% on all County solicitations. The CITY agrees to abide by all provisions of the Palm Beach County Code establishing the SBE Program, as amended, and understands that failure to comply with any of the requirements will be considered a breach of contract. The CITY understands that each SBE finn utilized on this Contract must be certified by Palm Beach County in order to be counted toward the SBE participation goal. The CITY shall provide the COUNTY with a copy of the CITY'S contract with any SBE subcontractor or any other related documentation upon request. The CITY understands the requirements to comply with the tasks and proportionate dollar amounts throughout the tenn of this Contract as it relates to the use ofSBE finns. The CITY will only be permitted to replace a certified SBE subcontractor who is unwilling or unable to perfonn. Such substitutions must be done with another certified SBE in order to maintain the SBE percentages established in this Contract. Requests for substitutions of SBE's must be submitted to the COUNTY's representative and to the Office of Small Business Assistance. The CITY shall be required to submit to the COUNTY Schedule 1 (participation of SBE- M/WBE Contractors) and Schedule 2 (Letter of Intent) to further indicate the specific participation anticipated, where applicable. The CITY agrees to maintain all relevant records and infonnation necessary to document compliance pursuant to Palm Beach County Code, Chapter 2, Article III, Sections 2-71 through 2-80.13 and any revisions thereto, and will allow the COUNTY to inspect such records. ARTICLE 8 - FEDERAL AND STATE TAX The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The COUNTY will sign an exemption certificate submitted by the CITY. The CITY shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the COUNTY, nor is the CITY authorized to use the COUNTY'S Tax Exemption Number in securing such materials. 4 . The CITY shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this contract. ARTICLE 9 - AVAILABILITY OF FUNDS The COUNTY'S performance and obligation to pay under this contract for subsequent fiscal year's is contingent upon annual appropriations for its purpose by the Board of County Commissioners. ART1CLEIO-~S~CE A. CITY shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverages and limits (including endorsements), as described herein. The requirements contained herein, as well as COUNTY'S review or acceptance of insurance maintained by CITY are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CITY under the contract. 2. Commercial General Liability CITY shall maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted in writing by County's Risk Management Department. CITY shall provide this coverage on a primary basis. 3 . Business Automobile Liability CITY shall maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence for all owned, non-owned and hired automobiles. In the event CITY doesn't own any automobiles, the Business Auto Liability requirement shall be amended allowing CITY to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. CITY shall provide this coverage on a primary basis. 4. Worker's Compensation Insurance & Employers Liability CITY shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter 440. CITY shall provide this coverage on a primary basis. 5. Professional Liability CITY shall maintain Professional Liability, or equivalent Errors & Omissions Liability at a limit of liability not less than $1,000,000 Per Occurrence. When a self-insured retention (SIR) or 5 deductible exceeds $10,000, COUNTY reserves the right, but not the obligation, to review and request a copy of CITY'S most recent annual report or audited financial statement. For policies written on a ......Claims-Made I' basis, CITY shall maintain a Retroactive Date prior to or equal to the effective date of this Contract. In the event the policy is canceled, non-renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a Supplement Extended Reporting Period (SERP) during the life of this Contract, CITY shall purchase a SERP with a minimum reporting period not less than 3 years. CITY shall provide this coverage on a primary basis. 6. Additional Insured CITY shall endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read ...... Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees and Aqents. I , CITY shall provide the Additional Insured endorsements coverage on a primary basis. 7. Waiver of Subrogation CITY hereby waives any and all rights of Subrogation against the County, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CITY shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CITY enter into such an agreement on a pre-loss basis. 8. Certificate(s) of Insurance Prior to execution of this Contract, CITY shall deliver to the COUNTY a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverages required by this Contract have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30 ) day endeavor to notify due to cancellation or non-renewal of coverage. 9. Umbrella or Excess Liability If necessary, CITY may 6 satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest .....Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The COUNTY shall be specifically endorsed as an .....Additional Insured I I on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a ....Follow-Form' I basis. 10. Right to Review COUNTY, by and through its Risk Management Department, in cooperation with the contracting/monitoring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the term of this Contract. COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. ARTICLE 11 - INDEMNIFICATION To the extent pennitted by law CITY shall protect, defend, reimburse, indemnify and hold COUNTY, its agents, employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during and as a result of their perfonnance of the tenns of this Contract or due to the acts or omissions of CITY. ARTICLE 12 - SUCCESSORS AND ASSIGNS The COUNTY and the CITY each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the COUNTY nor the CITY shall assign, sublet, conveyor transfer its interest in this Contract without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the COUNTY, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the COUNTY and the CITY ARTICLE 13 - REMEDIES This Contract shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Contract will 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 7 every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 14 - CONFLICT OF INTEREST The CITY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the perfonnance of services required hereunder, as provided for in Chapter 112, Part ill, Florida Statutes. The CITY further represents that no person having any such conflict of interest shall be employed for said perfonnance of services. The CITY shall promptly notify the COUNTY's representative, in writing, by certified mail, of all potential conflicts of interest of any prospective business association, interest or other circumstance which may influence or appear to influence the CITY'S judgement or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CITY may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the CITY. The COUNTY agrees to notify the CITY of its opinion by certified mail within thirty (30) days of receipt of notification by the CITY. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CITY, the COUNTY shall so state in the notification and the CITY shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the CITY under the tenus of this Contract. ARTICLE 15 - EXCUSABLE DELAYS The CITY shall not be considered in default by reason of any failure in perfonnance if such failure arises out of causes reasonably beyond the control of the CITY or its subcontractors and without their fault or negligence. Such causes include, but are not limited to, acts of God, force majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnonnally severe and unusual weather conditions. Upon the CITY'S request, the COUNTY shall consider the facts and extent of any failure to perfonn the work and, if the CITY'S failure to perfonn was without it or its subcontractors fault or negligence, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly, subject to the COUNTY'S rights to change, tenninate, or stop any or all of the work at any time. 8 ARTICLE 16 - ARREARS The CITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. The CITY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract. ARTICLE 17 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS The CITY shall deliver to the COUNTY's representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the COUNTY under this Contract. To the extent allowed by Chapter 119, Florida Statutes, all written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the COUNTY or at its expense will be kept confidential by the CITY and will not be disclosed to any other party, directly or indirectly, without the COUNTY'S prior written consent unless required by a lawful court order. All drawings, maps, sketches, programs, data base, reports and other data developed, or purchased, under this Contract for or at the COUNTY'S expense shall be and remain the COUNTY'S property and may be reproduced and reused at the discretion of the COUNTY. All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation of the transactions contemplated hereby. ARTICLE 18 - INDEPENDENT CONTRACTOR RELATIONSHIP The CITY is, and shall be, in the performance of all work services and activities under this Contract, an Independent Contractor, and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the CITY sole direction, supervision, and control. The CITY shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CITY'S relationship and the relationship of its employees to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. The CITY does not have the power or authority to bind the COUNTY in any promise, agreement or representation. ARTICLE 19 - CONTINGENT FEES The CITY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CITY to solicit or secure this Contract 9 and that it has not paid or agreed to pay any person, company, corporation, individual, or finn, other than a bona fide employee working solely for the CITY, any fee, commission, percentage, gift , or any other consideration contingent upon or resulting from the award or making of this Contract. ARTICLE 20 - ACCESS AND AUDITS The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and perfonning the work for at least three (3) years after completion or termination of this Contract. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during nonnal business hours, at the CITY'S place of business. ARTICLE 21 - NONDISCRIMINATION The CITY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. ARTICLE 22 - AUTHORITY TO PRACTICE The CITY hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request. ARTICLE 23 - SEVERABILITY If any tenn or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such tenns or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other tenn and provision of this Contract shall be deemed valid and enforceable to the extent pennitted by law. ARTICLE 24- PUBLIC ENTITY CRIMES As provided in F.S. 287.132-133, by entering into this contract orperfonning any work in furtherance hereof, the CITY certifies that it, its affiliates, suppliers, subcontractors and consultants who will perfonn hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287. 133(3)(a). 10 ARTICLE 25 - MODIFICATIONS OF WORK The COUNTY reserves the right to make changes in Scope of Work, including alterations, reductions therein or additions thereto. Upon receipt by the CITY of the COUNTY'S notification of a contemplated change, the CITY shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the COUNTY of any estimated change in the completion date, and (3) advise the COUNTY if the contemplated change shall affect the CITY'S ability to meet the completion dates or schedules of this Contract. If the COUNTY so instructs in writing, the CITY shall suspend work on that portion of the Scope of Work affected by a contemplated change, pending the COUNTY'S decision to proceed with the change. If the COUNTY elects to make the change, the COUNTY shall initiate a Contract Amendment and the CITY shall not commence work on any such change until such written amendment is signed by the CITY and approved and executed on behalf of Palm Beach County. REMAINDER OF THIS PAGE LEFf BLANK 11 ARTICLE 26 - NOTICE All notices required in this Contract shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to: J. Charles Lehmann. Executive Director Tourist Development Council 1555 Palm Beach Lakes Blvd.. #900 West Palm Beach. Fl 33401 With copy to: Palm Beach County Attorney's Office 301 North Olive Ave. West Palm Beach. Florida 33401 If sent to the CITY, notices shall be addressed to: Mavor Jeff Perlman City of Delray Beach toO N.W. First Ave. Delrav Beach. Fl 33444 ARTICLE 27 - ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the CITY agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or othetwise altered, except by written instrument executed by the parties hereto in accordance with Article 25- Modifications of Work. 12 IN WITNESS WHEREOF, the Board of County Commissioners of Palm. Beach County, Florida has made and executed this Contract on behalf of the COUNTY and CITY has hereunto set its hand the day and year above written. ATTEST: PALM BEACH COUNTY BOARD SHARON R. BOCK, Clerk OF COUNTY COMMISSIONERS By: By: Deputy Clerk Chairman WITNESS: CITY: Signature City of Delray Beach City Clerk Jeff Perlman, Mayor APPROVED AS TO FORM APPROVED AS TO FORM AND LEGAL SUFFICIENCY AND LEGAL SUFFICIENCY By By County Attorney City Attorney APPROVED AS TO TERMS AND CONDITIONS By: J. Charles Lehmann Executive Director, mc 13 EXHIBIT" A" SCOPE OF WORK A. Two (2) banners in stadium on court within TV viewing area B. One (1) banner concourse area C. Twenty five (25) Level One tickets D. Fifteen (15) Level Two tickets E. Ten (10) Level Three tickets F. One (1) booth for promotional purposes G. Thirty (30) official Fed Cup program vouchers H. Four (4) invitations to the official Fed Cup banquet that includes players and captains of each nation along with international and national dignitaries. Approximately 150 people only attend this prestigious event. I. Sponsor Board recognition J. Ten (10) VIP parking passes K. Four (4) 30 second spots on the National telecast (2 per telecast) L. One (1) ad in official Fed Cup Program M. Logo presentation in all print media generated by the UST A N. Four (4) invitation to the President's Box REMAINDER OF PAGE LEFf BLANK 14 · EXHIBIT "B" SCHEDULE OF PAYMENTS The Scope of Work to be completed by CITY as defined in Exhibit "A" consists of specific deliverables. Compensation for the work tasks stated in the Scope of Work shall be in accordance with the following Schedule of Payments: Payment in the amount of $40,000 from the Special Projects Fund (1452-710-7310- 3401) to the City of Delray Beach upon receipt of rmal invoice and report verifying all items in scope of work have been completed. 15 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER v-?1 SUBJECT: AGENDA ITEM # ~K - REGULAR MEETING OF MAY 3,2005 PALM BEACH COUNTY GRANT /EMERGENCY MEDICAL SERVICES DATE: APRIL 29, 2005 This is before the Commission to consider approval to submit a grant application for a non-matching grant to the Palm Beach County Department of Emergency Medical Services in the amount of $41,199.50 to upgrade eight (8) Zoll M Series defibrillator/monitors and the purchase of two (2) AED's for the Fire- Rescue Department and approve Resolution No. 27-05. Recommend approval to submit the Palm Beach County Department of Emergency Medical Services Grant application by adoption of Resolution No. 27-05. S:\Clty Clerk\agenda memos\PBC EMS Grant Application 050305 ------- [ITU "~ t1fl DDIJ a'aru ·,~~...~{:i ~~ ',_".' v -~_,~_.}~. ;~"~~'<~;>'1~£f- :::~ ~~ :~:~?- >¡(~~1:~ -"_i@kØ~'[i FIRE·RESCU~ DEPAR1'¡~i1frJT ¡'.:' ~¿:¡ ~~¡1 F~ ;"C ~ . c STr::E /\;,;1 . Y!GHLM~D BE~CH DELRAY BEACH f LOll D A ....... AII·America City l' III! ME M 0 RAN DUM 1993 TO: David T. Harden, City Manager 2001 ~ ¡p,C THRU: Kerry B. Koen, ~ Robert B. Moreland, Division Chief - EMS ¡ØUt ~ FROM: DATE: April 27, 2005 SUBJECT: Information Requested for Inclusion in Resolution Delray Beach Fire-Rescue Department will be applying for an annual, non- matching grant from Palm Beach County, Department of Emergency Medical Services to upgrade eight (8) of our Zoll M Series defibrillator I monitors to include "End Tidal C02 monitoring" (capnography~ This a new technology that allows a paramedic in the field to evaluate a patient's ventilatory and perfusion status very early during treatment. This technology is being considered for the mandatory equipment list in the latest revision of the Department of Health; Rule 64-E that governs Emergency Medical Services. The total cost that will be requested for this project is: $ 41,199.50. I have been asked by Highland Beach to include a request for funding to purchase two AED's for the town at a cost of approximately $ 3,600.00. In order to proceed with the grant application process, a Resolution of the City Commission is required indicating their support of the application. A similar Resolution will be sought from the Town of Gulfstream and the Town of Highland Beach as our application will be made in the name and interest of all three communities. A draft Resolution is attached, and I request that this item be placed on the next regular City Commission agenda as a consent item. Attachments: 1 FIFH::-RF~~C" 'fC ['i'" 'o;,r~-,'.· -~ .. . -. :-"-"l: ~c;mE'::'S . ;"(" ,'JEST 4TLi\NTIC AVEÌ\!UE . Dt=LRN,' BEl\CH Fl_ORIDA 33444--2555 , . '-~,-;--Lr() . r::.¡...x ¡:'-)6;! ?"':.~~-7~-<1 ~ ~-' ,1t..-_· .)_~ h~-;, ¡/c;,'ec! DdC'",,""'¡- RESOLUTION NO. ó2.i-OS A RESOLUTION OF TIlE CI1Y COMMISSION OF TIlE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM TIlE PALM BEACH COUN1Y EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2005/2006. WHEREAS, the Delray Beach Fire-Rescue Department represents the emergency medical services interests of the City of Delray Beach; and WHEREAS, the Delray Beach Fire-Rescue Department is requesting funding for FY 2005/2006 through the Palm Beach County Emergency Medical Services Grant Award program for the purchase of an End Tidal C02 Equipment Upgrade for eight Zoll M Series Defibrillator / Monitors carried on the City's ALS response vehicles. WHEREAS, the City of Delray Beach Fire-Rescue Department is eligible to receive funds collected by the Office of Emergency Medical Services pursuant to Chapter 401.113, Florida Statutes; and WHEREAS, the equipment to be purchased with these funds will enhance the City's overall emergency medical services operation and improve the delivery and level of emergency medical care provided to the citizens of and visitors to the City of Delray Beach and the entire Fire-Rescue service area. NOW, THEREFORE, BE IT RESOLVED BY TIlE CI1Y COMMISSION OF TIlE CI1Y OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor of the City of Delray Beach is hereby authorized to execute all documents which are necessary to complete the request for funds from the Palm Beach County Emergency Medical Services Grant Award program. PASSED AND ADOPTED in regular session on this the _ day of May, 2005. MAYOR ATTEST: City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM, CITY MANAGER t'1Î SUBJECT: AGENDA ITEM # <Xl- REGULAR MEETING MAY 3. 2005 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: APRIL 29, 2005 Attached is the Report of Appealable Land Use Items for the period April 18,2005 through April 29, 2005. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S'\Clty Clerk\agenda memos\apagmem 05 03 05 ~'.'I~""" , . . CITY COMMISSION DOCUMENTATION I TO: DAVID T. ~N' C§ER THRU: PAUL DO I~RECTO P~ANNING AND ZONING FROM: JASMIN ALLEN, PLANNER t:~'\ ~ SUBJECT: MEETING OF MAY 3, 2005 * ONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS APRIL 18, 2005 THRU APRIL 29, 2005 r''''''-'1'''''''·· ACTION REQUESTED OF THE COMMISSION I The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of April 18, 2005 through April 29, 2005. ~' "' ," BACKGROUND I 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. t"""III'''~'''''' PLANNING AND ZONING BOARD MEETING OF APRIL 18, 2005 , ", I No appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. · Recommended approval (7 to 0), of a conditional use request to allow the establishment of a church, Ebenezer Wesle1an Methodist Church, located on the east and west sides of SW 6th Avenue, north of SW 2n Street. · Recommended approval (7 to 0), of a privately-initiated amendment to the Land Development Regulations Section 4.4.20 "Industrial" to add food preparation and/or processing, including but not limited to bakeries and catering operations as principal uses. · Recommended denial (7 to 0) of a privately-initiated amendment to the Land Development Regulations Section 4.3.3(AAA)(1 )(c) "Adult Gaming Center Requirements" to allow the use of gift certificates, gift cards, credit cards or other cash substitutes. · Recommended approval (7 to 0), of a City-initiated amendment to the Land Development Regulations Section 2.4.4(E) "Expiration of Approvals" to specify that extensions of time granted pursuant to Section 2.4.4(F)(4) shall not be deemed a previous extension. City Commission Documentation Appealable Items Meeting of May 3, 2005 Page 2 · Recommended approval (7 to 0), of a master plan modification to change the land use designation from service industry to retail center for a specific tenant bay to accommodate a restaurant within Tract "K" Delray Park of Commerce, located at the northeast corner of Congress Avenue and NW 17'h Avenue. · Recommended approval (7 to 0), of a combined preliminary/final plat for Heritage Club Replat, a proposed 57 lot, fee-simple townhouse development, located on the south side of SE 10th street, approximately 330' west of southbound Federal Highway (U.S. Highway 1). · Recommended approval (7 to 0), of a combined preliminary/final plat for Ocean Terraces of Delray Beach, a proposed 6 lot, fee-simple townhouse development, located on the west side of Palm Trail, approximately 180' north of Bond Way. Other Items · The Board considered the list of major issues to be addressed in the upcoming EAR (Evaluation and Appraisal Report). ~""""f""SíTE PLAN REVIEW AND APPEARANCE BOARD MEETING OF APRIL 27, 2005 I A. Approved (4 to 0, Reginald Cox, Christina Morrison and Nancy Steward absent), a request to amend the master sign program to modify the flat wall sign criteria for Delray Bay, located at the southwest corner of Lindell Boulevard and US Highway NO.1. B. Approved (4 to 0), a color change to WNYR Properties, an existing commercial buildin~ located on the west side of SW 16th Avenue, north of SW 10th Street (950-952 SW 16 Avenue). C. Approved (4 to 0) a request for a color change for City of Delray Beach Fire Rescue- Station #3, located on the north side of Linton Boulevard, west of SW 4th Avenue (651 Linton Boulevard). D. Approved (4 to 0), a request for a color change for the awnings at Cold Stone Creamery, located on the south side of East Atlantic Avenue, east of SE 1st Avenue (110 East Atlantic Avenue). E. Approved with conditions (4 to 0), a Class V site plan modification, landscape plan and architectural elevations associated with the demolition of an existing modular sales office and construction of a 4,543 sq. f1. sales office and get-ready building for Sherwood Pontiac, located on the west side of South Federal Highway, approximately 2,400 feet south of Linton Boulevard. F. Approved (4 to 0), a Class I site plan modification associated with elevation changes to the existing single family residences at 1140 and 1160 West Magnolia Circle within Sabal Lakes Phase IV, located on the east side of Barwick Road, south of Sabal Lakes Road. G. Approved with condition (4 to 0), a Class I site plan modification associated with elevation changes involving replacement of the existing red tower, painting, relocation of entrance doors and installation of new storefront windows for Home Goods, located south of Linton Boulevard, east of 1-95 (1350 West Linton Boulevard). ----- City Commission Documentation Appealable Items Meeting of May 3, 2005 Page 3 H. Approved (4 to 0), a Class I site plan modification associated with elevation change involving the installation of two storefront windows for the Love Company, located on the north side of East Atlantic Avenue, west of NE 4th Avenue (310 East Atlantic Avenue). I. Approved with conditions (4 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the conversion of an existing single-family residence and storage shed to a contractor's office at 2300 Dixie Highway (Roehm Air Conditioning and Duct Sanitation, located on the east side of Dixie Highway, south of Gulfstream Boulevard. Concurrently, the Board approved a reduction in the required stacking distance from 20' to 10' from the Dixie Highway right-of-way. J. Approved with conditions (4 to 0), a Class I site plan modification associated with an elevation change involving the installation of an entrance awning for Style and Wine (fka Beluga and Wine Bar), located at the northwest corner of SE 1 st Street and SE 2nd Avenue (44 SE 2nd Avenue). ~¡oq!l!!"'"'\ ...,. HISTORIC PRESERVATION BOARD MEETING OF APRIL 20, 2005 f 1. Approved (5 to 0, John Miller and Linda Lake absent), a request for a Certificate of Appropriateness associated with the replacement of existing windows and the installation of storm protection panels at 220 NW 2nd Street, a contributing single family residence located at the southeast corner of Martin Luther King Jr. Drive (NW 2nd Street) and NW 3rd Avenue. 2. Approved (5 to 0) a request for a Certificate of Appropriateness associated with the replacement of existing windows at 238-240 NE 5th Terrace, a non-contributing duplex, located at the southwest corner of NE 5th Terrace and NE 3rd Avenue. 3. Approved (5 to 0), a request for a Certificate of Appropriateness associated with the construction of a new single family residence, Lot 3, Dixie Boulevard, located on the southeast side of Dixie Boulevard between Swinton Avenue and NE 2nd Avenue. 4. Postponed (4 to 0, Jeffrey Silberstein stepped down), a request for a Class V site plan, landscape plan, design elements and a Certificate of Appropriateness associated with a residential addition to an existing commercial building for House of Vintage, located on the east side of South Swinton Avenue, between SE 1st Street and SE 2nd Street (123 South Swinton Avenue). The Board voiced concerns with the design of the addition and suggested that the applicant eliminate the top story of the proposed structure. t'''''''..·...w'c.'' RECOMMENDED ACTION ~ .¡, ". ~": By motion, receive and file this report. Attached: Location Map - ------ ----~- ------------ CI7Y OF DELRAY BEACH, FLORIDA - City Commission Meeting - MA Y 3, 2005 L -30 CANAL !!:j I <: I ~ « --' -.J ~ ~ >-- 15 U) .., '"' "-' i LÙ 0:: >-- '-' <: ù'j :;;: ~ U) U) <.:: 1 a 1 è§ IDA 0:: LAKE , ~I '" '-' 51 ~ LAKE ~I 0:: ... '" c r- - a I L _ _ _ r-- '--___.-r--, '" / I !if ,- I f 1 I f I L_ L__ -______J I I t I I '--, ATLANTIC I I ,n r -I : f / ~ LlL, L__J ~ ~ « L ¡;; '" "" I ~ :;¡, :;¡, ~ ~ U) U) ,,¡I ~ ~I => "'I 0 "" '" LOWSON BOULEVARD 10TH ST ..... r .... I ~ >-1 a IS! 0 ~ ... ~ 0::1 ~ ~ "-' ...... -, ::; ...... 511 0 :;¡, :¡: ~ LINTON BOULEVARD U) I r-~ =~ I "'" 0(0 LINTON I ì GEÞ4,: L_ 1 I '~Ol¿o, I I I , I :>::1 I I ... 51 I I (1)1 '--__.J <I) --' ~ I ::J <'5 I 0:: C> '"' i§ LÙ <.> ------------------------ L -38 CANAL ~ SPRAB HEB A. DELRA Y BA Y 1 220 NW 2ND STREET B. WNYR PROPERTIES 2. 238 -240 NE 5TH TERRACE - - - - - CITY LIMITS - - - - - C. DELRA Y BEA CH FIRE RESCUE - STATION 3 3.LOT 3, DIXIE BL VD D. STONE COLD CREAMERY 4. HOUSE OF VINTAGE I ONE MILE I E SHERWOOD PONTIAC F SABAL LAKES PHASE IV GRAPHIC SCALE G HOME GOODS H. LOVE COMPANY CITY OF DELRA Y BEACH. FL I. 2300 DIXIE HWY. PLANNING & ZONING DEPARTMENT J. STYLE AND WINE NOVEMBER 2004 - - DIGITAL BASE MAP SYSTEM -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fJv SUBJECT: A ENDA ITEM # - RE ULAR MEETIN OF MAY 3 20 AWARD OF BIDS AND CONTRACTS DATE: APRIL 29, 2005 This is before the City Commission to approve the award of the following bids: 1. Contract award to Hartzell Construction, Inc. in the amount of $177,157.00 for the Southwest Area Sidewalk Project. Funding is available from 118-1965-554- 63.11 (Community Development Fund/Southwest Area Sidewalk). 2. Contract award to Ranger Construction, Inc. in the amount of $112,948.50 for the 2005 Street Resurfacing Project. Funding is available from 334-3162-541- 61.17 (General Construction Fund/2005 Resurfacing). 3. Purchase award to A2000 Network Solutions, Inc. in the amount of $24,650.00 via the State Contract #250-000-03-1 for the purchase of switches and fiber connections to activate the fiber optic cables per the Adelphia Dedicated Capacity Agreement. Funding is available from 334-6111-521-64.11 (General Construction Fund/Computer Equipment). 4. Purchase award to Hector Turf in the amount of $17,019.74 via the Florida State Contract #515-630-03-1 for the purchase of a Toro Groundsmaster 328-D Mower for the turf maintenance of the new park facilities. Funding is available from 001-4138-572-64.90 (General Fund/Other Machinery/Equipment). Recommend approval of the above bids and purchases. s:\Ctty Clerk\agenda memo\B.d Memo 05 03 05 --- City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www.MyDelrayBeach.com TO: David T. Harden, City Manager FROM: Randal L. Krejacarek, P.E., City Engineer R~ DATE: April 26, 2005 SUBJECT: Southwest Area Sidewalk Project # 2005-020 Commission Agenda Item The attached agenda Item is for Commission approval/authorization for the Mayor to execute construction contract with Hartzell Const , Inc. for the construction of Southwest Area Sidewalk. This construction contract includes the following improvements: Construction of 33,500 S F. of concrete sidewalk along eight streets. Clearing and grubbing of the area between the edge of pavement and proposed sidewalk. Approximately 4,100 S.Y. of swale grading and sodding. Relocation of 2 existing Catch Basin and 310 L.F. of existing Chain Link and 1,200 S F of concrete driveway apron construction. A Federal Grant will fund this project. The cost of Southwest Area Sidewalk project IS $177,157.00. A complete Bid Tabulation is attached. Funding is available as follows: Fu~ding Source Account Number Balance Contract Southwest Area Sidewalk 118-1965-554-63.11 8180,000.00 $177,157.00 Total $177,157.00 A location map IS attached. 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I ï-; , -! ~ ~ , . ~I I .. Øl '" III !III,. ¡:e Jftcl~~ ~t.i· ï=0~~ ~Idi OlD Ed . ~ i~2i !~r ;;:i ! ~~~2 R II ClÎ!i I I I Ii! II ~ . . 8 . . - Date: 26 ApI' 2005 AGENDA ITEM NUMBER: &v\A- 0 AGENDA REQUEST Request to be placed on: ~ Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: Mav 03 2003 Description of Agenda Item (who, what, where, how much): The attached agenda item is for Commission approval/authorization for Mayor to execute Contract with Hartzell Const., Inc. This Contract is for Southwest Area Sidewalk. Total cost for this Contract IS $177,157.00. Funding is provided as follows: Account # DescriptIOn Contract Amount Account Balance ---- 118-1965-554-63.11 Hartzell Const., Inc 8177,157.00 $180,000.00 Total $177,157.00 Staff Recommendation: APpro~ ~ {. z 7'-- oS Department Head Signatnre: ( . r cIzj City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~o Initials: L:K.i-- Account Number See above Description See above Account Balance: See above Funding Alternatives: (if applicable) City Manager Review: "- Approved for Agenda: @¡ No Initials: tt1- Hold Until: Agenda Coordinator Review: Received: S \EngAdmm \Pl'ojects\2005\2005-020\OFFICIAL \2005may03 agenda. doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www MyDelrayBeach.com TO: David T. Harden, City Manager U FROM: Randal L. Krejacarek, P.E., City Engineer /2. DATE: April 27, 2005 SUBJECT: 2005 Resurfacing Project # 2005-037 Commission Agenda Item The attached agenda item IS for Commission approval/authorization for the Mayor to execute construction contract with Ranger Const., Inc for the construction of Street Resurfacing. This construction contract includes the following improvements: asphaltic overlay, including leveling course and pavement markings, on the following streets In Delray Beach: NW 25th Court (Swinton Avenue to End) NW 25th Street (Swinton Avenue to End NE 11th Street (NE 2nd Avenue to NE 3rd Avenue) NE 6th Street (NE 8th Avenue to Palm Trail) NE 3rd Street (NE 8th Avenue to Palm Trail) NW 3rd Terrace (NW 1ih Avenue to NW 10th Avenue) NW 3rd Street (NW 1ih Avenue to NW 10th Avenue) NW 3rd Street (NW 1ih to Roosevelt Avenue) Red Hibiscus Boulevard (Homewood Boulevard to Boxwood Drive) SW 6th Street (SW 2nd Avenue to Swinton Avenue) The cost of Southwest Area Sidewalk project is $112,948.00. A complete Bid Tabulation is attached. Funding is available as follows' Fu!!~ing Source Account Number Balance Contract 2005 Resurfacing 334-3162-541-61.17 *$112,948.50 *S112,948.50 Total $112,948.50 * After Transfer A location map is attached. Please place this on the May 3, 2005 commission agenda. enc cc' Richard Hasko, P E., Director of Environmental Services Joseph Safford, Finance Dlrector~ ,¡} ( HM't çft,"/ file S IEngAdmmIProjectsI200512005-037\OFFICIAL\04-26-2005 agenda memo doc DM~ gggggggggg 8°°8°"'°°00 ggO)~~ù1;~~;; ___fQM ......iI't <0 ~iI't,....w '" '" '" '" ggggggggg8 gg~g~~g:$~~ OON(O_NN..I.O'-" 1.0""'('\1,....__...,. ° ...,...... ,...... M- iI't M "'''' '" ggggg8~8gg 80000l.ONOOO 0888~~o~~;; (0 Il)<t)MW-W-_ ...6It0)...... '" ;; "'''' 888ggggggg 00001./)1.1)\00('")0 000 L(} N('\IMO) 1/')...... OONII)....O)...... .....w-- OeD.....'""'.....w... '" _fflO~W '" '" ;;; e>..... 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J arm ~- l- -{ -:1 ~ / AVE \ } ~-" I c=J' , V \, 1 H -~ 9 1 ~ d I LAè~AN-i'Œ (T, c- =SHE~~¡ 7 i ~~E; i~~C \ 0 l[r ~ -~ ¿-~ L~~' \ ' J nO ~ -L I ~ ~ " I I f( ~ =r= , = L ~~SHEET 6 ~ I ' ! ~£~ ! ~r &JW~~~ \ ïf~~- J ~ ~%Z2J C;=--c;::J 'e'1 1 ~ tr-}3 I -¥CJ I I J ;=¡ -.- ~LlNT~N,:t:- ,-' r'( J ) lVLD - ,- ~ -) ( U ~. , 0/ 1\ 11= z I ~, ' U· , - -.1- <t ::::::U:::::il:;J \ ' \ \ <{'--- W :~ ..~ ,0c.- ¡ J ~ -:::E5~ g ~~/~ ~ ~¡jê ~ , ';= H 'n 4 T ~ -dl ~ A ~ pJ I L ~ ~I =v 'Ii I -r:;- , I, \ / =1 I I; m CITY of DELRAY BEACH 2005 STREET RESURFACING DA TE:DJ-1 ~-o ENVI~NTAL BeMCES D8'ARTMENT LOCATION MAP Key Pion _ 8OYTIoI1WNT'ON A'>'I!NU!. ~'t 1l!ACH.1'L0I'Ð" _ :¿~-037 1 OF 7 Date: 27 ApI' 2005 AGENDA ITEM NUMBER' %\'1\-;).. 0 AGENDA REQUEST Request to be placed on: -X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: Mav 03 2003 Description of Agenda Item (who, what, where, how much): The attached agenda item is for Commission approval/authorization for Mayor to execute Contract with Ranger Const., Inc. This Contract is for Resurfacing. Total cost for this Contract IS $112, 948.50. Funding is provided as follows: Account # Description Contract Amount Account Balance ---- 334-3162-541-61.17 2005 Resurfacing *8112,948.50 *$112,948.50 Total $112,948.50 * After Transfer Staff Recomrnenda tion: A~ve Contract Lf. l:';)..· ù$" Department Head Signature: --- ~.:iIJ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding AVailableO Initials: ¿£{ að~ ~Sk Account Numbèr See above Description See above Account Balance: See above Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: e I No Initials: ~ Hold Until: Agenda Coordinator Review: Received: s: \EngAdmin \ProJects \2005\2005-037\OFFICIAL \2005may03 agenda.doc .' MEMORANDUM TO: David T. Harden City Manager FROM: Guy Buzzelli & MIS Manager THROUGH: Joe M. Safford ~ Director of Finance SUBJECT: Hardware Purchase to Activate Fiber Optic lines from Adelphia Cable DATE: April 25, 2004 ACTION We are requesting City Commission approval 50 we may purchase hardware to activate (light) the fiber optic cables to our remote sites. These sites are outlined in the Dedicated Capacity Agreement with Adelphia Cable. This purchase will include hardware and installation as outlined in the proposal from A2000 Network Solutions, Inc. Funding for this purchase is as follows: Account Code Amount 334-6111-521-64.11 $24,650 TOTAL $24,650 INFORMATION The fiber optic lines offer constant connection to the City's Network without modems, wireless or dial-up connections. The transfer speed is one (1) gig (one billion bits per second) as compared to 11 mbps (eleven million bits per second) or slower transfer speeds that we currently have. The current hardware and installation is needed to complete our agreement with Adelphia and the installation should be completed by the end of May 2005. RECOMMENDATION MIS recommends A2000 Network Solutions, Inc. as they are on State contract # 250-000-03-1 and they are the lowest bidder. Please forward this infonnation to the City Commission for their review and approval. Encl: A2000 Network Solutions, Inc. Proposal Turffnet Services Proposal MedKat Services, Inc. Proposal 3M.3 ..\2000 Network Solutions, Inc. ~ ...... ~~ 235 Gool.h~ Bh d. Dccrfield Beach. Florida 33442 ' ~ (954) 480-8430 NetwDrk SDlutlons, Inc. (954) 4%1-5572 F"""lmlle RIdaud Hlban nchard@a2000ns com C_er: Quote # 500225-4 CIty of DeInIy Beach I. N.W.11t Avenue Delny BeKb., FL. 33444 Guy BuzzellI 411511115 FIBER (NET PROJECT Product DescñDtion ~ Unit Price Total Price s_ Contract.~1 Fiber ProecI A2000 WI" engIneer. furnISh and Install, EIhemeI SWItches 1 $ 24.650.00 $ 24,650 00 FIber Optic convefSIOO boxes. Fiber Opbc cable Assemblies and Fiber SFP Optical Converters Each of the 13 SIIes lISted below have Installed a 16 Port 10/10011000T Cisco/LJnksys SWItch WIth the reqUired SFP Optical convert&fS (long Haul or Short Haul) Inslsllation Includes fiber optic cables and lesbng In the CiIy Haft srle a mulb-port fiber opbc conversion WIll be InstaHed to pIl)1IIde connecbvily to the remote The required FIber Optic equlpmnet WIll be mstalled to connect to the existing CISCO 6509 core dais SWItch location' FIre stabon # 2 FIre stabon # 3 FIre stabon # 4 FIre stabon # 5 Fire station # 6 Delray Beach Golf Course Ocean Rescue Pompey Park Veteran's Park Teen Center De/ray T enms center Lake Voew Golf Course Delray SwIm & TennIS SubTotal $ 24,650.00 Sales Tax $ - Total $ 2""650.00 CIICO Su.... .. -_. J1' 1\ ... r N I M PA' ......... . . . f ...~. 4I25l2OO5 .,. '¡ TUFFNET SERVICES - -- -- .....u. .................................................................................................................................................................................................................................... 7~2 1\W ~ 1 -, 1 erraœ Deettïdd ßeach_ Flonda 33~42 (95~) 792-~333 4/25/2005 City ofDelray Beach lOONW 1st Ave Delray Beach, FL. 33444 Guy Buzelli RE: Fiber INET Project. Tuffuet Services is pleased to quote the following Fiber Optic project for the City of Delray Beach. Teffuet will furnish and install at the City Hall location a Fiber Optic multiport conversion chassis to support the fiber connections for the 13 city locations. These city locations include: Fire Station #2 Fire Station #3 Fire Station #4 Fire Station #5 Fire Station #6 Delray Beach Golf Course Ocean Rescue Pompey Park Veterans Park Teen Center Delray Tennis Center Lake View Golf Course Delray Swim & Tennis Tuffuet will furnish and install a 16 port IO/IOO/IOOOT switch with SFP optical converters at each location. Tuffuet will provide the required fiber optic cable and test the link between each site and City Hall. Tuffuet Services 1 - . , Project Costs Engineering $ 1,750.00 Hardware $ 18,250.00 Labor $ 7,400.00 Total $ 27,400.00 Tuffnet Services requires a 50% deposit upon issuance of a purchase order. Ken Brighton Tuffuet Services Tuffuet Services 2 ~ . MedKat Services 14161 SW24th Street Davie, Fl. 33325 954-370-1242 City of DeIray Beach Fiber Optic project MedKat Services will provide the following Fiber Optic material and labor for the fiber project for the City of Delray Beach. MedKat Services will furnish and install 24 port 10/100/1 OooT switch with SFP optical converters at each location. MedKat will provide the required fiber optic cable and test the link between each site and City Hall. These sites include (5) Fire Station sites, DeIray Golf Course, DeIray Ocean Rescue, Pompey Park, Veterans Park, Teen Center, Delray Tennis Center, Lake View Golf Course, DeIray Swim and Tennis. MedKat will provide a Fiber Optic multiport conversion chassis to support the fiber connections for the city locations at the City Hall location Project Costs Material $ 21,050.00 Labor $ 8,500.00 Total $ 29,550.00 Jake Bruno President MedKat Services AGENDA REQUEST AGENDA ITEM NUMBER: <6M. ?:> Request to be placed on: Date: 412512005 ~ Consent Agenda Special Agenda Workshop Agenda When: 5/3/2005 Description of agenda item: Approval to purchase hardware (switches and fiber connections) to activate (light) the fiber optic cables. This is the City's responsibility of the Adelphia Dedicated Capacity Agreement. Funding of $24,650 will come from account number 334-6111-521-64.11 ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO Recommendation: Approval is recommended by Finance Director and MIS Manager. Department Head Signature: ~ ;:::; ~ " ~ Detennination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes X:::::$ No Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: B ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # . TO: Patsy Nadal, Buyer THROUGk Joe Weldon, Director of Parks and Recreation FROM: Tim Simmons, Park Maintenance Superintendent DATE: 4/14/05 SUBJECT: #4138 Cultural and Facilities Purchase of Toro Groundsmaster 328-D This groundsmaster is for the turf maintenance of the new park facilities that will be buih this year. It was approved in the 2004-05 budget, This mower is on Florida State Contract # 515-630-03-1 [effective 6/9/03 - 5/20/05] all back up data is attached. If more information is needed please contact me. . ~tv\~ -~~~li[Q) ?[ 0 I 1301 NW. THIRD STREET I DEERFIELD BEACH. FL 33442 TEL: (954) 429-3200· FAX, (954) 360-7657 March 31, 2005 Mr. Tim Simmons Via Fax # 561-243-7268 City of Dekay Beach 320 SW 4th Street Dekay Beac~ FL 33444 Dear Mr. Simmons: We are pleased to offer the enclosed quotation for your consideration. The enclosed quotation is based upon your acceptance within thirty (30) days from the date of this letter and is subject to manufacturer's availability and Florida State Sales Tax (if applicable). Our terms of sale are Cash on Delivery or upon credit approval, Net 30 Days. Thank you for the opportunity to provide you a quotation. If you have any questions or require additional infonnation, please contact me at (954) 429-3200, Extension 310. We appreciate your interest and look forward to doing business with you. Sincerely, HECTOR TURF (kVl~ f.ø-\~ I~ Chris Fordney Account Representative Government and Municipals CF:ja Enclosure 1301 N.W. THIRD STREET J DEERFIELD BEACH. Fl33442 TEL: (954) 429-3200· FAX: (954) 360-7657 Quotation Provided for City of Delray Beach March 31, 2005 Otv. Model # DescriDtion Unit Priee 1 ea 30626 Toro Groundsmaster 328-D with: $15~959.00 - 28 H.P. Diesel Engine - 2 Year Limited Warranty 1 ea 30716 Toro 72'n Recvcler Deck 4.586.00 lea 30625 Deluxe Seat 620.00 lea 30628 Seat Adanter Kit 104.00 lea 24-5780 Weil!ht Kit 274.98 Subtotal $21~3.98 Less Florida State Contract Discount l4.524.24) TOTAL $17.019.74 Pricing per Florida State Contract # 515-638-03-1 Effective 619/03 - 5/20/05 Toro Protection Plus 1 ea I C329 3 Year or 1800 Hrs Comørehensive Plan 614.00 1 eal C439 4 Year or 2400 Hrs Comprehensive Plan 820.00 Note: o Issu.e purchase order to Wesco Turf Supply, Inc. o ShiDment and service via Hector Turf. Provided by Chris Fordney 954-429-3200 Commercial Products Price List Effective November 1, 2003 - October 31. 2004 ,-...., GROl:NDSl\IASTER 300s ~ . - - - . , ,'" ,- ,,/; '-. .... -- r~~~¡j~~~-~- .~-- - ---'- -~ --- -- -- - ~- - ~--~ --;'';:t:;Y;~-:~-- ~:~r_:_;~ ¡- - ~<-;;:;~.::.;¡~'~ ~i:'-:~~:~_..._~~~__~~ _.__ _~~-~~~.:~~:~'~~~_~~:~~~~-,__-,_~ ~_. ~_~_»~ ~_ ~~~I.::~~~__~_~~.__~_.:.~:.~~1~____t . COMPONENTS -, . . . --.-. - - - TractiouUJÚt5 30626 Groundsmaster328-D2WD ¡Choose1 ofthesern"o I 1533 $ 15;959:.00 30627 Groundsmaster 328-D 4WD traction units J 1901 $ 19,183.00 Decks 30710 72" Rear Discharge Deck I Choose 1 of I 500 $ 3,880.00 30722 72" Side Discharge Deck these" decks 500 $ 4,010.00 30716 Guardian 72" Recycler Deck 608 $ 4,586.00 Attacbments ' 30743 Rotary Broom 749 $ 5,338.00 30728 MecbanicaJ Angling Actuator for Rotary Broom 30743 15 $ 747.00 30750 48" V-Plow 30757 205 $ 1,326.00 30757 V-Plow Mounting Kit 185 $ 597.00 30855 Debris Blower 335 $ 3.065.00 ___ 08860 Chute Discharge IGt 30855 $ 461.00 Seats 30623 Standard Seat Kit 44 $ 394.00 3Ø625-_ Dduxe Seat Kit 30628 41 $ 6W.OO 3{J628 Seat Adapt.eT Kit 30625 22 $ 104.00 .. 'i4J - '2.1C\-6~ ~P..s ~ '1,/. ð'Z.. Wei2hts - See attached chart to detenniDe exact we.i2ht needed to meet ANSI SÐeCS. 24-5790-01 Rear Weight {1-3S lb. weight} $ 133.99 24-5786 Rear WeightKit (2-3S }b.. weight) $ 214.98- 11-0440 WhceIWcightKit (2-2Slb. wcigbt) 50 $ 141.98 OPTIONAL AC($SSORlES 30701 Armrest 8 $ 133.00 30617 Cruise Control Kit 11 $ 470.00 106-4354 72" Atomic Mulching Blade (can't be used with 30116) $ 27.49 100-6591 3M Lift Cylinder $ 307.00 11-0390 Front Tire Chains 20 $ 99.99 76-1840 Rear Tire Chains S 101.29 62-7020 4 Ply Wide Tire Option w/rim 23x 10.5-12 (can't be used w13071O) 32 S 214.98 69-9870 6 Ply Wide Tire Option w/rim 23 x 10.5-12 (can't be used w/3071O) 33 $ 221.98 106-4386 Jack Pad Kit $ 74.98 54-8810 Pneumatic Wheel & Tire Assembly 2 required 5 S 52.98 93-5973 Foam FiUcd ]0" Caster Tire $ 165.98 93-5974 Foam Filled 8M Caster Tire $ 140.98 30733 LeafMulcher 30722 47 $ 776.00 23-2410 High Lift Blade (not for use with 30716) (3 required) 30722 $ 22.84 ,..-... 5 LastUpdate: March 31.2004 Date: April 22, 2005 AGENDA ITEM NUMBER: ~~ AGENDA REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: May 3, 2005 Description of Agenda Item (who, what, where, how much): Request approval to purchase Toro Grounqsmaster 328-D mower with 28 H.P. diesel engine, 2 year limited warranty, 72" recycler deck, deluxe seat, seat adapter kit and weight ~it at a price of $17,019.74 under Florida State contract #515-630-03-1 (effective 6/9/03 - 5/20/05) from Hector Turf. This was approved in the 2004-2005 budget and will be funded out of account #001-4138-572-64.90. Department Head ~ Signature: City Attorney Revi IRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding AvailablG No Initials: ¡þt Account Number 00 / -t.{, 38- 57 Z .~4 - c¡ Ù Description ~ r M4G0~1 [./ 2JL-Lt P . ~ Account Balance: Z 7 t./ 3D I Funding Alternatives: ,J/A (if applicable) City Manager Review: Approved for Agenda: @I No Initials: t11 Hold Until: Agenda Coordinator Review: Received: I CITY COMMISSION DOCUMENTATION ß1 TO: D~~ITYMANAGER THRU: PA L DORLI G, E~TOR OF PLANNING AND ZONING FROM: ESTELlO BRETO, NIOR PLANNER ~~. SUBJECT: MEETING OF MAY 3,2005 CONSIDERATION OF A WAIVER REQUEST TO LAND DEVELOPMENT REGULATIONS (LDR) SECTION 6.1.2(C) (3) (a) TO REDUCE THE REQUIRED MINIMUM PAVING WIDTH FOR AN INTERIOR ROAD FROM 24' TO 20' FOR GRAMERCY SQUARE, PURSUANT TO LDR SECTION 2.4.7(B) (5). I BACKGROUND I ANALYSIS I On April 13, 2005, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan and landscape plan associated with the construction of 109 fee-simple townhouse units in nineteen (19) two-story buildings to be known as Gramercy Square. The Board also reviewed a waiver request to reduce the reqUired paving width associated with the development proposal and forwarded a recommendation of approval to the City Commission. Waiver Findinøs: Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. LDR Section 6.1.2 (CJ (3J (aJ - Minimum Pavinø Widths: Pursuant to LDR Section 6.1.2(C) (3) (a), the minimum paving width for an interior road is 24'; however the paving width of the interior roadway within the subject development proposal is only 20'. Therefore, the applicant has requested a waiver to reduce the minimum width. Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. The development proposal provides a 20 foot wide street with two feet of valley gutter on both side of the pavement. The City Engineer and Fire Marshal have previously supported reductions that have been granted to the pavement width for other townhouse projects such as Atlantic Palm, Atlantic Grove and Legacy at Sherwood Forest. In this particular request, the two foot valley gutter on either side of the road will provide sufficient area for large emergency vehicles to navigate the road. The reduction can be supported as long as the Home Owner's Association documents contain a prohibition on the parking of vehicles within the street access tracts (this is a condition of the Class V site plan approval). C{{\ City Commission Documentation - Meeting 01/04/05 Gramercy Square Waiver of LDR Section 6.1 2(C) (3) (a) Page 2 I ASSESSMENT I Granting of the requested waiver will not have an adverse affect on the neighboring area, create an unsafe situation, or diminish the provision of public facilities. Given the conditions under which the waiver is being requested it is reasonable to believe that the waiver would be granted elsewhere under similar circumstances. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. I RECOMMENDED ACTION I By Separate Motions: o Move approval of the request for waiver to LDR Section 6.1.2(C) (3) (a) to reduce the minimum pavement width of the interior roadway from 24' to 20', by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 24.7(B) (5) of the Land Development Regulations. Attachments: LocatIon Map and Site Plan I II:" I I I., .~""-- ; I . ~ I I -c. _ f---- ~ , . - ~ ~ - . < I, . J ~ I r- :=: 1 ; I. ), - IT I _In- 1- D~ I I ' '.---, I ~I!. \ I : 'I i ,I J ~- -i. v E ~ ~ E I I í1 ¡ 1 'ATLA~TI,C : III. 1'1 U. e"~H I ~-~--¡í J~' LlU ~ !!= _ D(O L-! 1¡_ _'. , >- ~o-----= (y, ~'r ~! e---~d I "~ , ¡ ----p- n ~. 1;[1; --t'\D , J~ 'T l!"iH!1 l-IIH~~ \\' '--!~~~, . ,- '. ',~ """- !~>--~ D ~L' ,II j ~ ~1 ,..':..> " "ë,T.1JI~I.RI. ,.D 111. : 11. :..' ~~= I â - '. .. . . _H, I' I-- i _ ~ ~D ' 0 J ej -:.::..... -.":; ¡~§II !.1..111;11!. I--J~ . J · ~ '. ", ~ ~" '",_ 110 - . . ,'. . , . , o""~ '>-- _ ß ~ - ~ "¡:::. ~ -. " :.:-' ~ T [III' frrrrTT!1 : 1: H.'.. r ~1'6r FTIfI. \ A ..l.=...i1 ,\" "~, ,~ lei "..' .', . , 'I ! IIII . .". .". ~ " 't-' _, "" " . > tmJ ~ """""'" .". ,- , : '~'11 ~ - I ". 's DRI'Æ , ~ J¡, ~ r---l :!r11'lllill. ...... 7STATE .!. ~ ~ -~ CA AL C-~13~! . . \. , 'I T 1 1\ ! I' .. .. / I F= ïTTlTTT : I' ~ . . 'I r CIRCLE WEST '""""1TI'111 ' " - 'C--/r"~ ¡,-,-i , ' AD'AMS TTl ffiHHBffi' I , ,: : '. L/ ~ ! T ! II' ! i I 111 ' ! I " . . >--" ' ;-+--L,' , -TT7lj'lJ ' i 10-" :.. . I ,': L§f-- \ r I' , , ~ "'. _ " , of-- IT ì il I ,JillJ' rTll!II!~,", I , ,----,: i , h ' ffil llll !lJ.Jl ," ,.Ill .' 'ffitti 111 1'1 i: ~ '\"" T ~ ~ b,n I 1 '! TT ,~~ " I, II i: III 1-= "T" , ~~~IT! I II I'll! : ' ·u II 1; I BOULEVARD llt=1~ ~" -tt 2'> I ~ - ",I 1m- " ! 11 c-----j. , "i-!'" Ì"---- , " £ = ~L I, 'LAKE, lllTfl 1! I! II ¡ I , I I ' .; \--..: h , ! D R\, 1 I Ilil I, . 'TTTTTill ¡TmTJ ¡ ,~ ": ,\ ¡ , it ¡ i! i i ¡ ; I ï id i ¡¡I, ~ 1 Ii:: I': ¡ ~. F1 ,," , 'I,' \ ,f _ j 1-n'1' Il~ qld+ttfki-, , I , I i I ! I -tt+--+t+1 tT I , ....... GRAMERCY N - --~ BEACH, FL CITY OF DELRA Y DEPARTMENT PLANNING '" ZONING ~p SYSTEM -- -- DIG/TAL BASE M. I I I : I , , : I :.-...1 ¡II! i I I '. :.5 :. ~~ ¡~ "" -¡~ · i~~ , · '" '''ii I~ ~~ I: :...:-t I~. I :..~ ! 1 I I 1 11. I ~i 1 t I ; I 1 I i I I :' :1 I ~I , si ~\ ;2 » -t -" -Uo IDO C "'''' !>-t AJ -u-< G)n en, c ""to ~» 0 AJ m ¡ I ~ cn : ..:-:- -- · - ~- , ' --' - ~ '~ < < 8 \ ~ II ~ CITY COMMISSION DOCUMENTATION II TO: DAVIDT·r~C~GER THRU: PAUL DO LING, DIRECTO F PLANNING AND ZONING FROM: JASMIN ALLEN, PLANNE SUBJECT: MEETING OF MAY 3, 2005 CONDITIONAL USE REQUEST ASSOCIATED WITH THE RELOCATION AND CONSTRUCTION OF A NEW 214 SEAT SANCTUARY FOR EBENEZER WESLEY AN METHODIST CHURCH II BACKGROUND II Ebenezer Wesleyan Methodist Church is currently located at the southeast corner of SW 6th Avenue and SW 2nd Street. The church is seeking to relocate its facility to the northwest corner of SW 6th Avenue and SW 2nd Street and construct an off-site parking lot at the northeast corner of SW 6th Avenue and SW 2nd Street. The properties are currently vacant, however the parcel located on the east side of SW 6th Avenue is bemg utilized as an overflow parking area for the existing church. The conditional request before the Board involves the construction of a 6,575 sq. ft. sanctuary with a seating capacity of 214 seats; construction of a 51-space parking lot adjacent to the new sanctuary building and a 22-space off- site parking lot on the east side of SW 6th Avenue; along with the installation of attendant landscaping. II PLANNING AND ZONING BOARD CONSIDERATION ~ At its meeting of April 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request Presentations were made by staff and the applicant. The Board expressed concern over the disposition of the existing facility given the limited parking in the area and the elimination of the existing overflow parking with the development of this site. To address this concern they conditioned the approval on the existing site being utilized by the new church as a support facility for a minimum of six (6) months after the certificate of occupancy on the new bUilding. After the six months establishment of a new church in the existing facility would require a new Conditional Use request which would require the provision of adequate parking. After discussion, the Board voted (7-0) in favor of the Conditional Use request based upon 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 Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations, subject to the conditions contained in the staff report with conditions #'s 2, 3 and 6 being modified as noted below: 2. That the seating capacity is limited to 214 people. 3. That the existing church facility be retained as a support facility to the Ebenezer Wesleyan Methodist Church, for a period not less than six (6) months from the date of the issuance of the certificate of occupancy of the new facility. 6. That driveway stacking modifications be made to the northeast driveway by eliminating one parking space on the north side of the driveway. II RECOMMENDATION ~ Move approval of the conditional use request for Ebenezer Wesleyan Methodist Church, 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 Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations, subject to the conditions contained in the staff report and as modified herein. Attachment: P & Z Staff Report and Documentation of April 18, 2005 gß PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 18, 2005 AGENDA ITEM: IV. A. ITEM: Conditional Use Request to Allow the Relocation and Establishment of a Church, Ebenezer Wesleyan Methodist Church (Quasi-Judicial Hearing). !!:!- fll9L-rl == rnm UWJ ~ ~ r==;:~ ~~ ,- -'----1 I--- : I I'" i~ I--- ===r ~ ~ ::;: FIRE ~ I , = STATION -< I GENERAL DATA: 'MaC I~.~ : L- í ", I~ ~ NO. 1 z O fA I· t Eb W I A T LAN TIC A V E N U £ wner pp lcan ......................... enezer es eyan lliL . Met.hodist Church _ ¡ g f-- ~ L - Apphcant.................................... Kann Mannchen I--- - _I-- ~- = location...................................... Located on the east and ~ ~ O!e-- ~ , th - - < <= - west sides of SW 6 ~ _ . nd ~ ~- Avenue, north of SW 2 _ ~ = - Street - = - ST . sw_ 1ST I~ Property SIze.............................. 1.19 Acres ~ f-- i Future land Use Map................ MD (Medium Density, 5 -12 = . t= Dul Acre) = f-- ~ I-- Current Zoning............................ RM (Medium Density = ~ f-- ~ II Residential) = E3.III" îl Adjacent Zoning................North: RM = f-- I LD fJ[lE ! ~ East: RM -fÇ mrn'hm ST. West: RM j I nTTll IJlllj W1L ----r I South: R-1-A (Single Family ~ - Residential) .-+- 0lJ]J Existing land Use...................... Vacant I::::=;:::::,.rn::g::¡;< ~I--'" Proposed land Use.................... Construct a new 6,575 sq. ft. ~ rrmJ M'- sanctuary with a seating i \ "" rnm II III ! - II I capacity of 214 seats and a Snw ,3RD OJ]] ST . tota~ of 73 ~arking sp~ces. ,ITIIIJ ~ = I ¡ I Water SelVlce............................. Available via connection to LL' : an existing 6" water main _ ---;- . alo~g SW ~nd Street. . ::= ¡- Sewer SelVlce............................. Available via connection to f-- ~ ]] - an existing 8" sewer sanitary ~ I I--- ~T th sw along SW 6 Avenue. I ~Ul f-.-.' n ~- ~ e-- r--- ~- H ["'-. f-- ~ ¡ IT' --, ~ I .. J--- ~ ~ ~.l I i ¡ I -- sw 6TH ST II .- .r IV. A. . :.._.......,.~':1. .:., IT£'M':JB·EFO·'RE ··fH'E·'åb;);R~b·" '. '. .. oil. . . The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval associated with the relocation and establishment of Ebenezer Wesleyan Methodist Church, pursuant to Section 2.4.5(E). The subject property is located on the east and west sides of SW 6th Avenue, north of SW 2nd Street. ~t,,·..:i . , '.. . .-.·..'#"1,-104..·.",.. ....'III'......~ .. U :- .I'. ... ·:..:'-8 'A'C'K G '0 -..aID' .>~. "'. <' Ebenezer Wesleyan Methodist Church is currently located at the southeast corner of SW 6th Avenue and SW 2nd Street. The church is seeking to relocate its facility to the northwest corner of SW 6th Avenue and SW 2nd Street and will include an off-site parking lot on the east side of SW 6th Avenue. The subject property is 1.19 acres which includes several. parcels within Block 14 (west side of SW 6th Avenue) and one parcel within Block 22 (east side of SW 6th Avenue), Town of Delray Plat. The properties are currently vacant, however the parcel located on the east side of SW 6th Avenue is being utilized as an overflow parking area for the existing church (south of SW 2nd Street). The subject property is located within the Southwest Area Neighborhood Redevelopment Plan area. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003 and establishes a blueprint for the revitalization and stabilization of the area. The conditional request before the Board involves the construction of a new 214 seat sanctuary and the construction of seventy-three (73) parking spaces with attendant landscaping. \)~È~~;r~·ífË-s·.d"i'l~·pr"'.1·Ô· ....f' :. "'I. 'n . ' ... ' , .' The development proposal includes the following: ~ Construction of a new 6,575 sq. ft. sanctuary with a seating capacity of 214 seats; ~ Construction of a 51-space parking lot adjacent to the new sanctuary building and, a 22- space off-site parking lot on the east side of SW 6t11 Avenue; and ~ Installation of attendant landscaping. REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 2 FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of MD (Medium Density Residential 5-12 units per acre) and is zoned RM (Medium Density Residential), thus the zoning is consistent with the FLUM designation. Churches or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities are allowed as conditional uses. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care unless approved separately as a conditional use. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. DrainaQe: Conceptual drainage plans have not been submitted. However, there are no anticipated concerns with providing on-site stormwater drainage, which can be accommodated with retention areas around the perimeter of the site and the building. At this time, there are no problems anticipated in complying with South Florida Water Management District or Lake Worth Drainage District requirements. Based upon the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: Park dedication or park impact fee requirements do not apply to nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: Pursuant to Solid Waste Authority Guidelines, trash generated each year by the proposed 6,575 square foot building at 1.6 Ibs./sq. ft. per year will be approximately 5.26 tons per year. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. Streets and Traffic: A traffic statement has been submitted indicating that the proposed church facility will generate 64 vehicle trips during an average weekday. The use will generate approximately 82 trips on Sunday. A peak hour distribution of the Sunday trips has been submitted representing an additional 5 trips during the P.M. and A.M. peak hours. Water and Sewer: The applicant has not submitted preliminary water and sewer plans however, the following is noted: Water service is available via service lateral connections to an existing 6" water main along the north right-of-way of SW 2nd Street. Two (2) fire hydrants presently exist on the north side of SW 2nd Street: at the SW 6th Avenue intersection, at the SW 7th Avenue intersection. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within the SW 6th Avenue right-of-way. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 3 Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in lDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use applications are noted: Future land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The church has existed within the community for several years without any known negative impacts. The most significant potential for impact resulting from a church use normally relates to traffic impact on the adjacent neighborhood and the ability to accommodate parking on-site without spillage onto adjacent roadways and into the neighborhood. The proposed facility will accommodate 214 seats which will require 72 parking spaces. (one space per three seats). A total of 73 parking spaces are proposed (51 spaces to be located on the west side of SW 6th Avenue and 22 spaces in the off-site parking lot located on the east side of SW 6th Avenue). While the new facility will accommodate the parking needs generated by its use, concerns are raised with respect to the re-use of the existing church facility and the facilities combined impact on the neighborhood. The existing church facility has a seating capacity of 140 seats which under current regulations would require the provision of 47 parking spaces. Currently, 11 paved parking spaces exists which results in a deficiency of 36 spaces. The overflow parking needs are now accommodated on the vacant parcels owned by the church located to the north and west of the existing church facility. The parcel to the north is now proposed for additional development and will no longer be available for utilization. With the construction of a new facility, the potential for a serious parking shortage exists if the existing church facility is sold to a separate entity having similar meeting and service times. This would have negative impacts on the surrounding neighborhood resulting in illegal parking on adjacent roadways and into the neighborhood. Future Land Use Element Policv C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is w,enerally defined as the area bounded by West Atlantic Avenue on the north, SW 10 Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 4 Many of the 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. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. While the narrative for sub-area #5 does not address the establishment of new churches, the Redevelopment Plan does note increased faith community involvement as an essential ingredient to improve livability. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-1.7, as increased faith community involvement is identified as an essential element to improve the livability of the community and fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. Future Land Use Element Policv C-4.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The subject property is located within the borders of the downtown as defined by the Downtown Delray Beach Master Plan and is more specifically located within the West Atlantic Neighborhood. The Master Plan does not specifically address the subject property with regard to a specific development proposal and the parcels are noted as vacant parcels which are identified for in-fill opportunities to increase the housing stock in the area. The subject parcels have been under the ownership of the church since July 2000 (east site) and March 2002 (west site) and should have been identified as a part of the church's campus/holdings and therefore available for expansion of the church's facility. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-4.2, that fulfills the goals and objectives of the Downtown Delray Beach Master Plan. Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 5 Housina Element Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Ebenezer Wesleyan Methodist Church has existed at the southeast corner of SW 6th Avenue and SW 2nd Street since 1952. The existing 2,193 sq. ft. sanctuary currently accommodates a seating capacity of 140 seats. The applicant has indicated that the church has outgrown its current facility and proposes to construct a larger facility at the northwest intersection of SW 6th Avenue and SW 2nd Street. The proposed church is located in an established residential neighborhood. The most significant potential for impact resulting from a church use normally relates to traffic impact on the adjacent neighborhood and the ability to accommodate parking on-site without spillage onto adjacent roadways and into the neighborhood. As stated above while the new facility will accommodate the parking needs generated by its use, concerns are noted with respect to the potential negative impacts on the neighborhood if the existing church facility was sold to another religious entity. The ideal situation would be that the existing facility serves as a fellowship hall for the existing congregation thereby not creating additional impact. Due to the nature of this proposed use and the fact that there is another church within 300 feet (410 SW 2nd Street) which may have similar hours for worship services and activities, the potential for some traffic congestion along SW 2nd Street may exist. This situation would be further exasperated if the existing church facility is utilized by another religious entity. To ensure that there will not be any detrimental impact on the neighborhood, approval of the new sanctuary should be conditioned that the existing church be retained as a support facility such as a fellowship hall for Ebenezer Wesleyan Methodist Church or if it is sold as an independent facility additional properties would have to be obtained to accommodate its parking needs. lDR SECTION 2.4.5CE) - REQUIRED FINDINGS: Pursuant to lDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 6 Use: North: RM Medium Densit Residential lex South: R-1-A (Single Family Residential) East: RM Medium Densit Residential West: RM (Medium Density Residential) The church has existed for some time and there have been no known conflicts with the surrounding neighborhood to indicate that the church had a significant detrimental effect upon the stability of the neighborhood or that it has hindered development in the area. While the proposed relocation of the church facility should not have a detrimental impact on the neighborhood, items of concerns are noted with respect to the availability of parking and potential traffic congestion if the existing facility is maintained as an independent church facility. Compatibility with the adjacent properties, specifically with the residences to the north and west of the main site and to the north and east for the off-site parking area can be enhanced through the installation of landscaping. Pursuant to LOR Section 4.6.16(H)(3)(e) the perimeter buffer requirement is increased to allow that 1 tree be planted every twenty-five (25) feet to form a solid tree line where any commercial or industrial areas abut a residential zoning district or properties in residential use. However, with the conditional use request, conditions can be imposed which exceed the standard code requirements. In addition to the solid tree line, a continuous hedge at least 4 % feet in height at the time of installation should be provided and is noted as a condition of approval. Further if the potential negative impacts associated with traffic are mitigated as previously noted, approval should not negatively affect the neighborhood. Based upon the above, a finding can be made that the proposed use will not have a significant detrimental effect on the surrounding neighborhood or hinder development or redevelopment in the area. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the conditional use request, a sketch plan was submitted and has been reviewed by staff. If the conditional use is approved, a full site plan submittal complying with LOR Section 2.4.3 will be required. Based upon staff's review of the sketch plan, the following analysis is provided: BuildinQ Setbacks: Pursuant to LOR Section 4.3.4(K), within the RM zone district, the minimum building setback requirements are: 25' in the front, side (street) and rear; 15 in the side interior for a 1 and 2 story building. The development proposal meets the minimum building setback requirements. ParkinQ Pursuant to LOR Section 4.6.9(C)(6)(c), churches shall provide one parking space for every three seats provided in the sanctuary. Additional parking is not required for other uses on Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 7 the church property such as Sunday School, Day Care, or Preschool, etc. when such uses are operated as a part of, under the auspices of, the Church. The site data indicates that the new sanctuary will have 214 seats. Based upon the above, 72 parking spaces are required and 73 spaces are provided. However, modifications may have to be made to the driveways which will result in the loss of two parking spaces. However, the parking requirement will be met if the seating capacity is reduced from 214 to 213 seats. Compact ParkinQ: Pursuant to LOR Section 4.6.9(C) (1) (g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes twenty-one (21) compact parking spaces. This represents approximately 29% of the total spaces, thus meeting the requirement. BuildinQ HeiQht The proposed structure will have a building height of 21 feet to the center of roof. The maximum height in the RM zoning district is 35 feet. Therefore this requirement is met. Open Space Pursuant to LOR Section 4.3.4(K), the minimum open space in the RM zone district is 25% . The conceptual plan indicates that 35% open space will be provided. Other Items StackinQ Distance: Pursuant to LOR Section 4.6.9(o)(3)(c)(1), the minimum distance between a right-of-way and first parking space or aisleway in a parking lot shall be 50' for parking areas that contain 51 or more parking spaces; 20' for parking areas that contain 21 to 50 parking spaces; and, 5' for parking areas that contain 20 or fewer parking spaces. While the required stacking distance is met for the parking lot located on the east side of SW 6th Avenue, none of the entranceways for the lot located on the west side provide the required stacking distance. The applicant has submitted a waiver request to reduce the required stacking distances. As multiple entrances are provided the waiver is supportable. Waiver Analvsis: Pursuant to LOR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 8 The stacking distances at the entranceways to the church site are 5' (northernmost driveway on SW 6th Avenue); 13' (south driveway on SW 6th Avenue) and 23' for the driveway on SW 2nd Street. The provision of the required 50' stacking distance at all entrances would require the elimination of several parking spaces. Although there are multiple driveways, as it is anticipated heavy utilization of the northern entrance will occur on a regular basis, it would be appropriate to require additional stacking at this entrance. A minimum stacking distance of 20' should be provided. A waiver to less than 20 feet will adversely affect the neighboring area and has the potential to create backups onto the adjacent rights-of-way and affect the delivery of public services. The 20' stacking distance could be accommodated by eliminating one parking space on the south side of the driveway, eliminating one space on the north side and converting the handicap space to a regular space. With the reduction of two spaces, the total number of parking spaces are below 50 which would reduce the stacking requirement for each entry to 20 feet eliminating the need for waivers for the southwest driveway (23 feet provided) nor the modified northeast driveway (20' provided). However, the lost of two parking spaces will require a reduction in the seating capacity from 214 to 213 seats (71 spaces x 3 = 213 seats). Under this scenario, only one waiver for the southernmost aisleway to 13 feet would be required. It is appropriate to support the waiver given the number of driveways to the site. The reduction will not result in the creation of an unsafe situation with respect to public safety. Further, the waiver will not adversely affect the neighboring area, and will not affect the delivery of public services. The waiver will not result in a special privilege as similar waivers have been approved in similar circumstances. Consequently, positive findings with respect to LOR Section 2.4.7(B) (5) can be made. Riaht-of-Wav Dedication: Pursuant to LOR Sections 5.3.1 (A) and (D), the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: Re uired Existin Re uired Dedication 60' 50' 0' 60' 50' 0' Pursuant to LOR Section 5.3.1 (0)(4), a reduction in the required right-of-way width or existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG). The City Engineer and DSMG considered the reductions and recommended the reduction of rights-of-way for SW 6th Avenue and SW 2nd Street to the existing 50' widths. Underaroundina of Utilities: Pursuant to LOR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. Given the proposed development of the property, it is appropriate to require the under grounding of these utilities including those distribution lines and service lines at this time and is attached as a condition of approval. Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 9 II>~~':- --. ~~~~·7'~~~··rfE V'fE'W S"'y 'Õ"T HER S . " II ~ -:" . . Community Redevelopment Aaency: The Community Redevelopment Agency considered the conditional use request at its meeting on April 14, 2005 and recommended approval. Site Plan Review and Appearance Board: If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The site plan must accommodate concerns raised through the conditional use petition and address the issues identified in this report. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and civic associations: o PROD (Progressive Residents of o Ebony of Delray HOA Oelray) o Merritt Park HOA o Presidents Council o Allamanda Gardens 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. , . . The conditional use request is to construct a new 6,575 square foot sanctuary to accommodate a seating capacity of 214. Concerns with respect to the re-use of the existing sanctuary and the potential negative impacts on parking and traffic congestion would be avoided if the existing building is retained as support facilities by the church. The proposed conditional use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. A positive finding with respect to LOR 2.4.5(E)(5) (Conditional Use Findings) can be made provided that the concerns noted herein are addressed with the submittal of the site plan. II'~~~'" .~.. ··~7--r:.,~'){-rt~~·.:~ 'ftfÃ'Y I V E Ä C· t I 0 Ñ s· O' .:'" .. II ~. ··~",L· A. Continue with direction. B. Move a recommendation of approval of the conditional use request for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 10 Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use request for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the land Development Regulations. :......;~~:¡;.::....~! ·:,J'R e::C O'M=M E;N 0 ED ACT I O~N . t . .-,. '.' Recommend approval of the conditional use request for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the land Development Regulations, subject to conditions. 1. That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns and technical items contained within this report and attached as Appendix A. 2. That the seating capacity is limited to 213 people. 3. That the existing church facility be retained as a support facility to the Ebenezer Wesleyan Methodist Church. 4. That the existing overhead distribution and proposed service utility lines are placed under ground. 5. That one (1) tree be planted every twenty-five (25) feet to form a solid tree line and a continuous hedge 4 % feet in height at the time of installation be installed within the landscape perimeter buffer areas adjacent to the residential use areas i.e. north and west sides for the main sanctuary site and east and north sides for the off-site parking areas. 6. That driveway stacking modifications be made to the northeast driveway by eliminating one parking space on the south side of the driveway, eliminating one space on the north side and converting the handicap space to a regular space. 7. The recorded Unity of Title does not include a portion of the west site. A revised Unity of Title between the off-site parking area and the main site shall be recorded. By Separate Motion: Waiver: 1. Recommend that the City Commission approve a waiver to LOR Section 4.6.9(D)(3)(c)(1), to reduce the required stacking distance for the southernmost driveway from 20' to 13' based on positive findings with respect to lOR Section 2.4.7(B)(5), Waiver Findings. Attachment: (J AppendIx "A" (J Sketch Plan (J Building Elevations 1:1 Floor Plan Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 11 APPENDIX "A" 1. Sign location should be indicated. 2. A minimum separation of 5 feet is required between the building and the handicap parking spaces on the west side of the building. 3. Site lighting is required pursuant to LOR Section 4.6.8. and is to be noted on the site plan. 4. A hood suppression system will be required if there are any cooking appliances in the kitchen. I I I ~ I !: " ,; I " . 0 ~ ,r-, _ I ~' " 50." I I "<:~:~4_ ".~?__-...: I " ~ I ~ ~ - I " i ~ . % " lOll.. 0 .' ~ I i t: . , ~ t ,. .. ~ :: , : I I:: ~5 õ ~ ¡'¡ g '3 " ¡¡: ~ I I .. 8 . t~ õ I ;:(. a f.1 n I % :I: !; c I~ '" s¡¡ ;0 r; '" ~ n ..', ~ !: ~ ¡; :I: , ,,~ ~ . l ,,- ,S ¡, !¡ :!'i c; ~ g "g !:: _ !'i ,; ~ g ~ ~ I I I~ ¡;; =tt~h ' - S.W 6th AYENu£ .... (22" PAWtC) .j - - .- I ~ I t; .. JE- ~ I " . ; I 8 II I I I 1'\ ..' .. ,- 54 C· " 0 - --- - ----------- - .-....... - p- \ I I I I Þ.I1! 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TO: DA~R~ MANAGER THRU: PA L DORLlNG, DIR T~R OF PLANNING AND ZONING FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF MAY 3,2005 CONSIDERATION OF A WAIVER REQUEST TO THE PARKING LOT STACKING DIST ANCES ASSOCIATED WITH THE CONSTRUCTION OF A NEW 214 SEAT SANCTUARY FOR EBENEZER WESLEYAN METHODIST CHURCH II BACKGROUND II This request is being processed in conjunction with a conditional use request associated with the relocation and construction of a new 214 seat sanctuary for Ebenezer Wesleyan Methodist Church. II ANALYSIS II Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The parking lot adjacent to the sanctuary was originally proposed as a 51 space lot. Modifications as a result of a condition of approval will reduce the parking lot to 50 spaces which requires a minimum 20' stacking distance at each entry. While one of these entries meet this requirement, 23' on (SW 2nd Street), two others only provide approximately 13' each. This reduced dimension requires a waiver which can be supported given the number of driveways to the parking lot. The reduction will not result in the creation of an unsafe situation with respect to public safety Further, the waiver will not adversely affect the neighboring area, and will not affect the delivery of public services. The waiver will not result in a special privilege as similar waivers have been approved in similar circumstances. Consequently, positive findings with respect to LDR Section 2.4.7(B) (5) can be made. II PLANNING AND ZONING BOARD CONSIDERATION II The Planning and Zoning Board considered the waiver request at its meeting of April 18, 2005. The Board recommended approval (7 to 0) of the waiver for both entrances on SW 6th Avenue provided that a stacking distance of no less than 13' was provided [thereby requiring the elimination of one parking space at the northeast entrance (north side of the driveway)]. II RECOMMENDATION II Move approval of the waiver request to LDR Section 4.6.9(D)(3)(c)(1), to reduce the required stacking distance for both driveways on SW 6th Avenue driveway from 20' to 13', based on positive findings with respect to LOR Section 2.4.7(B)(5). Attachment P&Z Staff Report and Documentation of April 18, 2005 9c. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 18. 2005 AGENDA ITEM: IV. A. ITEM: Conditional Use Request to Allow the Relocation and Establishment of a Church. Ebenezer Wesleyan Methodist Church (Quasi-Judicial Hearing). N W f"Tfh1 ~ ITIIIJ Wlu ~ ~ -¡-~ ~~ .- ~Î - --'-- w > I------------.-w ~ ~ - FIRE ~ ~- f-- - _ "TA nON --r r- I I ' GENERAL DATA' i 1':::illIIIIi , ,~ :;:; '--- . AMOCo! ¡ I ~ I I ~ I ~ NO 1 z z z O fA I· t Eb W I A T LAN TIC A V E N U E wner pp lcan ......................... enezer es eyan . Methodist Church j I fl1TTf¡1ì1Tl ,L I ~_' WillWllJ I- - I-'-- --- Applicant.................. ................. Karin Mannchen - __~. - 1- ___ ___ . I 1-- - ~- Location...................................... Located on the east and ,r--:=- !I!~ ';!--- west sides of SW 6th - \ - == 0: <r----- _= Avenue, north of SW 2nd _ = H-- == ~ f...--_. Street - ¡-- ~ = . .íW_ 1ST .-- D 1- Property Size............................. 1.19 Acres _ _ _ , 1-- -- I---~- Future Land Use Map................ MD (Medium Density, 5 - 12- -- .:..=.. I-- - -- I--- DufAcre) - - ~ ~ I--- Current Zoning............................ RM (Medium Density == ~ ___ ~ _ ._ .. Residential) = - I -- AdJacent Zonlng................North: RM = H I lmJE-f East: RM s.w. 2ND ST. West: RM i mm [[IT mrr -¡ ! South: R-1-A (Single Family _-1- GIW; !- Residential) ¡---- (ffi[J . . 1=== 3I!~- EXisting Land Use...................... Vacant ~ uI '" c_ ~-'" Proposed Land Use.................... Construct a .new 6.57.5 sq. ft. w,,'--- rTffTI . , I t sanctuary with a seating , \ -", ITIIJJ Ii: j II I - iT j capacity of 214 seats and a IT'sw [[ll]~D mm 1 s~ I ¡ total of 73 parking spaces. I I Will ~_ __ _ .l.LJ- Water Service............................. Available via connection to ¡ -- - I--- =-- =f an existing 6" water main I -- - ! along SW 2nd Street. IE L ' Sewer Service............................. Available via connection to ']--U JIII- ,I--- ~ an existing 8" sewer sanitary ! i ! ! j Þ th S W ,.,. ST along SW 6 Avenue. ~ I ~~ :: -- --- I--- 15~- 1_ -=-"'--- --- ~ ¡-- ~---, _,...... Ii - I -- - .-- -.- ~ f---j 1--- m-T~ ," I---I~-- ; 0! I I I ,I ' I I""~~ .~ SW 61H ST IV.A. 11..···!Ji·~':··· ITE'M S'EFORE T"HE 130ARD II The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval associated with the relocation and establishment of Ebenezer Wesleyan Methodist Church, pursuant to Section 2.4.5(E). The subject property is located on the east and west sides of SW 6th Avenue, north of SW 2nd Street. II . . B A C KG R 0 U N D II Ebenezer Wesleyan Methodist Church is currently located at the southeast corner of SW 6th Avenue and SW 2nd Street. The church is seeking to relocate its facility to the northwest corner of SW 6th Avenue and SW 2nd Street and will include an off-site parking lot on the east side of SW 6th Avenue. The subject property is 1.19 acres which includes several parcels within Block 14 (west side of SW 6th Avenue) and one parcel within Block 22 (east side of SW 6th Avenue), Town of Delray Plat. The properties are currently vacant, however the parcel located on the east side of SW 6th Avenue is being utilized as an overflow parking area for the existing church (south of SW 2nd Street). The subject property is located within the Southwest Area Neighborhood Redevelopment Plan area. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003 and establishes a blueprint for the revitalization and stabilization of the area. The conditional request before the Board involves the construction of a new 214 seat sanctuary and the construction of seventy-three (73) parking spaces with attendant landscaping. 11··¡::~1'·:··· ... .. "Þ .R'b 'J'ëJ; T . bE'S ë":ffi 'p~T I óïtf~{ '. II The development proposal includes the following: ~ Construction of a new 6,575 sq. ft. sanctuary with a seating capacity of 214 seats; ~ Construction of a 51-space parking lot adjacent to the new sanctuary building and, a 22- space off-site parking lot on the east side of SW 6th Avenue; and ~ Installation of attendant landscaping. REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 2 FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of MD (Medium Density Residential 5-12 units per acre) and is zoned RM (Medium Density Residential), thus the zoning is consistent with the FLUM designation. Churches or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilitIes are allowed as conditional uses. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care unless approved separately as a conditional use. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Drainaoe: Conceptual drainage plans have not been submitted. However, there are no anticipated concerns with providing on-site storm water drainage, which can be accommodated with retention areas around the perimeter of the site and the building. At this time, there are no problems anticipated in complying with South Florida Water Management District or Lake Worth Drainage District requirements. Based upon the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: Park dedication or park impact fee requirements do not apply to nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: Pursuant to Solid Waste Authority Guidelines, trash generated each year by the proposed 6,575 square foot building at 1.6 Ibs.fsq. ft. per year will be approximately 5.26 tons per year. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. Streets and Traffic: A traffic statement has been submitted indicating that the proposed church facility will generate 64 vehicle trips during an average weekday. The use will generate approximately 82 trips on Sunday. A peak hour distribution of the Sunday trips has been submitted representing an additional 5 trips during the P.M. and A.M. peak hours. Water and Sewer: The applicant has not submitted preliminary water and sewer plans however, the following is noted: Water service is available via service lateral connections to an existing 6" water main along the north right-of-way of SW 2nd Street. Two (2) fire hydrants presently exist on the north side of SW 2nd Street: at the SW 6th Avenue intersection, at the SW ih Avenue intersection. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within the SW 6th Avenue right-of-way. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 3 Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use applications are noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and- complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The church has existed within the community for several years without any known negative impacts. The most significant potential for impact resulting from a church use normally relates to traffic impact on the adjacent neighborhood and the ability to accommodate parking on-site without spillage onto adjacent roadways and into the neighborhood. The proposed facility will accommodate 214 seats which will require 72 parking spaces. (one space per three seats). A total of 73 parking spaces are proposed (51 spaces to be located on the west side of SW 6th Avenue and 22 spaces in the off-site parking lot located on the east side of SW 6th Avenue). While the new facility will accommodate the parking needs generated by its use, concerns are raised with respect to the re-use of the existing church facility and the facilities combined impact on the neighborhood. The existing church facility has a seating capacity of 140 seats which under current regulations would require the provision of 47 parking spaces. Currently, 11 paved parking spaces exists which results in a deficiency of 36 spaces. The overflow parking needs are now accommodated on the vacant parcels owned by the church located to the north and west of the existing church facility. The parcel to the north is now proposed for additional development and will no longer be available for utilization. With the construction of a new facility, the potential for a serious parking shortage exists if the existing church facility is sold to a separate entity having similar meeting and service times. This would have negative impacts on the surrounding neighborhood resulting in illegal parking on adjacent roadways and into the neighborhood. Future Land Use Element Policv C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is aenerally defined as the area bounded by West Atlantic Avenue on the north, SW 10 Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 4 Many of the 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. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. While the narrative for sub-area #5 does not address the establishment of new churches, the Redevelopment Plan does note increased faith community involvement as an essential ingredient to improve livability. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-1. 7, as increased faith community involvement is identified as an essential element to Improve the livability of the community and fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. Future Land Use Element Policv C-4.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The subject property is located within the borders of the downtown as defined by the Downtown Delray Beach Master Plan and is more specifically located within the West Atlantic Neighborhood. The Master Plan does not specifically address the subject property with regard to a specific development proposal and the parcels are noted as vacant parcels which are identified for in-fill opportunities to increase the housing stock in the area. The subject parcels have been under the ownership of the church since July 2000 (east site) and March 2002 (west site) and should have been identified as a part of the church's campus/holdings and therefore available for expansion of the church's facility. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-4.2, that fulfills the goals and objectives of the Downtown Delray Beach Master Plan. ---- ----- Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 5 Housina Element Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Ebenezer Wesleyan Methodist Church has existed at the southeast corner of SW 6th Avenue and SW 2nd Street since 1952. The existing 2,193 sq. ft. sanctuary currently accommodates a seating capacity of 140 seats. The applicant has indicated that the church has outgrown its current facility and proposes to construct a larger facility at the northwest intersection of SW 6th Avenue and SW 2nd Street. The proposed church is located in an established residential neighborhood. The most significant potential for impact resulting from a church use normally relates to traffic impact on the adjacent neighborhood and the ability to accommodate parking on-site without spillage onto adjacent roadways and into the neighborhood. As stated above while the new facility will accommodate the parking needs generated by its use, concerns are noted with respect to the potential negative impacts on the neighborhood if the existing church facility was sold to another religious entity. The ideal situation would be that the existing facility serves as a fellowship hall for the existing congregation thereby not creating additional impact. Due to the nature of this proposed use and the fact that there is another church within 300 feet (410 SW 2nd Street) which may have similar hours for worship services and activities, the potential for some traffic congestion along SW 2nd Street may exist. This situation would be further exasperated if the existing church facility is utilized by another religious entity. To ensure that there will not be any detrimental impact on the neighborhood, approval of the new sanctuary should be conditioned that the existing church be retained as a support facility such as a fellowship hall for Ebenezer Wesleyan Methodist Church or if it is sold as an independent facility additional properties would have to be obtained to accommodate its parking needs. LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 6 Use: North: RM Medium Densit Residential lex South: R-1-A (Single Family Residential) East: RM Medium Densit Residential West: RM (Medium Density Residential) The church has existed for some time and there have been no known conflicts with the surrounding neighborhood to indicate that the church had a significant detrimental effect upon the stability of the neighborhood or that it has hindered development in the area. While the proposed relocation of the church facility should not have a detrimental impact on the neighborhood, items of concerns are noted with respect to the availability of parking and potential traffic congestion' if the existing facility IS maintained as an independent church facility. Compatibility with the adjacent properties, specifically with the residences to the north and west of the main site and to the north and east for the off-site parking area can be enhanced through the installation of landscaping. Pursuant to LDR Section 4.6.16(H)(3)(e) the perimeter buffer requirement is increased to allow that 1 tree be planted every twenty-five (25) feet to form a solid tree line where any commercial or industrial areas abut a residential zoning district or properties in residential use. However, with the conditional use request, conditions can be imposed which exceed the standard code requirements. In addition to the solid tree line, a continuous hedge at least 4 ~ feet in height at the time of installation should be provided and is noted as a condition of approval. Further if the potential negative impacts associated with traffic are mitigated as previously noted, approval should not negatively affect the neighborhood. Based upon the above, a finding can be made that the proposed use will not have a significant detrimental effect on the surrounding neighborhood or hinder development or redevelopment in the area. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the conditional use request, a sketch plan was submitted and has been reviewed by staff. If the conditional use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan, the following analysis is provided: BuildinQ Setbacks: Pursuant to LDR Section 4.3.4(K), within the RM zone district, the minimum building setback requirements are: 25' in the front, side (street) and rear; 15 in the side interior for a 1 and 2 story building. The development proposal meets the minimum building setback requirements. ParkinQ Pursuant to LDR Section 4.6.9(C)(6)(c), churches shall provide one parking space for every three seats provided in the sanctuary. Additional parking is not required for other uses on Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 7 the church property such as Sunday School, Day Care, or Preschool, etc. when such uses are operated as a part of, under the auspices of, the Church. The site data indicates that the new sanctuary will have 214 seats. Based upon the above, 72 parking spaces are required and 73 spaces are provided. However, modifications may have to be made to the driveways which will result in the loss of two parking spaces. However, the parking requirement will be met if the seating capacity is reduced from 214 to 213 seats. Compact Parkinq: Pursuant to LOR Section 4.6.9(C) (1) (g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes twenty-one (21) compact parking spaces. This represents approximately 29% of the total spaces, thus meeting the requirement. Buildinq Heiqht The proposed structure will have a building height of 21 feet to the center of roof. The maximum height in the RM zoning district is 35 feet. Therefore this requirement is met. Open Space Pursuant to LOR Section 4.3.4(K), the minimum open space in the RM zone district is 25% . The conceptual plan indicates that 35% open space will be provided. Other Items Stackinq Distance: Pursuant to LOR Section 4.6.9(D)(3)(c)(1), the minimum distance between a right-of-way and first parking space or aisleway in a parking lot shall be 50' for parking areas that contain 51 or more parking spaces; 20' for parking areas that contain 21 to 50 parking spaces; and, 5' for parking areas that contain 20 or fewer parking spaces. While the required stacking distance is met for the parking lot located on the east side of SW 6th Avenue, none of the entranceways for the lot located on the west side provide the required stacking distance. The applicant has submitted a waiver request to reduce the required stacking distances. As multiple entrances are provided the waiver is supportable. Waiver Analvsis: Pursuant to LOR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 8 The stacking distances at the entranceways to the church site are 5' (northernmost driveway on SW 6th Avenue); 13' (south driveway on SW 6th Avenue) and 23' for the driveway on SW 2nd Street. The provision of the required 50' stacking distance at all entrances would require the elimination of several parking spaces. Although there are multiple driveways, as it is anticipated heavy utilization of the northern entrance will occur on a regular basis, it would be appropriate to require additional stacking at this entrance. A minimum stacking distance of 20' should be provided. A waiver to less than 20 feet will adversely affect the neighboring area and has the potential to create backups onto the adjacent rights-of-way and affect the delivery of public services. The 20' stacking distance could be accommodated by eliminating one parking space on the south side of the driveway, eliminating one space on the north side and converting the handicap space to a regular space. With the reduction of two spaces, the total number of parking spaces are below 50 which would reduce the stacking requirement for each entry to 20 feet eliminating the need for waivers for the southwest driveway (23 feet provided) nor the modified northeast driveway (20' provided). However, the lost of two parking spaces will require a reduction in the seating capacity from 214 to 213 seats (71 spaces x 3 = 213 seats). Under this scenario, only one waiver for the southernmost aisleway to 13 feet would be required. It is appropriate to support the waiver given the number of driveways to the site. The reduction will not result in the creation of an unsafe situation with respect to public safety. Further, the waiver will not adversely affect the neighboring area, and will not affect the delivery of public services. The waiver will not result in a special privilege as similar waivers have been approved in similar circumstances. Consequently, positive findings with respect to LDR Section 2.4.7(B) (5) can be made. RiQht-of-Wav Dedication: Pursuant to LOR Sections 5.3.1 (A) and (D), the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: Re uired Existin Proposed Re uired Dedication 60' 50' 50' 0' 60' 50' 50' 0' Pursuant to LOR Section 5.3.1 (0)(4), a reduction in the required right-of-way width or existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG). The City Engineer and DSMG considered the reductions and recommended the reduction of rights-of-way for SW 6th Avenue and SW 2nd Street to the existing 50' widths. UnderQroundina of Utilities: Pursuant to LOR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. Given the proposed development of the property, it is appropriate to require the under grounding of these utilities including those distribution lines and service lines at this time and is attached as a condition of approval. Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 9 II .': ',.. .;.' " .. REV I E W B Y 0 THE R S II Community Redevelopment Aaencv: The Community Redevelopment Agency considered the conditional use request at its meeting on April 14, 2005 and recommended approval. Site Plan Review and Appearance Board: If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The site plan must accommodate concerns raised through the conditional use petition and address the issues identified in this report. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and civic associations: o PROD (Progressive Residents of 0 Ebony of Delray HOA Delray) o Merritt Park HOA o Presidents Council o Allamanda Gardens 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. ''!'I'f.~:..:. . ,;:"{~:;;"A'S'5ËS'S'M'E'NT ·A·N·D CO··NC'LU"f;rO·-Ñ~····\": . ·1 ,. .'II"'~ . . The conditional use request is to construct a new 6,575 square foot sanctuary to accommodate a seating capacity of 214. Concerns with respect to the re-use of the existing sanctuary and the potential negative impacts on parking and traffic congestion would be avoided if the existing building is retained as support facilities by the church. The proposed conditional use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. A positive finding with respect to LOR 2.4.5(E)(5) (Conditional Use Findings) can be made provided that the concerns noted herein are addressed with the submittal of the site plan. "'~';'1." ".":~ :'_'!'··..:~-Ä'tTERÑATIVE Å.C·flO"l~"'Š··· .... "'? ~."..'. A. Continue with direction. S. Move a recommendation of approval of the conditional use request for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 10 Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use request for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations. ,þ' . ;;~..::'>i:.,:~".. : .. R E COM MEN D E D ACT I O· N t~~'=V:..1..J. .1 Recommend approval of the conditional use request for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations, subject to conditions. 1. That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns and technical items contained within this report and attached as Appendix A. 2. That the seating capacity is limited to 213 people. 3. That the existing church facility be retained as a support facility to the Ebenezer Wesleyan Methodist Church. 4. That the existing overhead distribution and proposed service utility lines are placed under ground. 5. That one (1) tree be planted every twenty-five (25) feet to form a solid tree line and a continuous hedge 4 Y:z feet in height at the time of installation be installed within the landscape perimeter buffer areas adjacent to the residential use areas i.e. north and west sides for the main sanctuary site and east and north sides for the off-site parking areas. 6. That driveway stacking modifications be made to the northeast driveway by eliminating one parking space on the south side of the driveway, eliminating one space on the north side and converting the handicap space to a regular space. 7. The recorded Unity of Title does not include a portion of the west site. A revised Unity of Title between the off-site parking area and the main site shall be recorded. By Separate Motion: Waiver: 1. Recommend that the City Commission approve a waiver to LOR Section 4.6.9(D)(3)(c)(1), to reduce the required stacking distance for the southernmost driveway from 20' to 13' based on positive findings with respect to LOR Section 2.4.7(B)(5), Waiver Findings. Attachment: (J Appendix "A" I:J Sketch Plan (J Building Elevations (J Floor Plan ---- Planning and Zoning Board Staff Report Conditional Use Modification - Ebenezer Wesleyan Methodist Church Page 11 APPENDIX "A" 1. Sign location should be indicated. 2. A minimum separation of 5 feet is required between the building and the handicap parking spaces on the west side of the building. 3. Site lighting is required pursuant to LOR Section 4.6.8. and is to be noted on the site plan. 4. A hood suppression system will be required if there are any cooking appliances in the kitchen. I I I I I ~ I ~ \ I ' ~ I I ~ : 1 I > -- 0 , . i ." *. ~I ' ' o' ~. .,' ..' ~ ., . ' t. It¡;;' ~ ¡; ~ 1 · . ~ I . ¡¡: ~ tl » % Õ I ª · . · . I ' ~ n · " I S . 0 . ,. 0 · · _ ' . n , '0' ~ · II ¡; . · ¡ : _g !:: _ 5 ~ =-J; ! t ;1 ¡+ I -:j-I_ur. t"~ - --, ~ 0 - ~. ~ - .- ~.- -~- -- I! ' - ~ I ;1 ~- ~ I ~I ¡ . ¡ i q !, I .. o' --- - - "- .--- -. I 1 I I I -'lR CONOITONING [QUIPMENT Len 1 1 J I I ~ H[]Q(T Wf 6 1-< I I I I , I I I LOFT , -- '- - ... ~.. Sl:CRETARY ClASS ROOII u'-';- x J5-rf' 1~-d" I U"-<r rru.OWSHIP HALL ---- 'J!1-tr.21'"-rI' 000 D c=J ~ ~ ~ ~ ~ ~ ~ ~ ~~~0!3 PLA!!~~lL~:_",__l~~£: f [[[] [[[] [[[] / /;_~_ zl , ì" '\ g' , f<> ,j ~ ---' '--'': ~¡ , ' r -r ,- ¡:¡jl ~,:L/_' ¡:!OIl 5I:] _~ oc o z ~ ?J:] rrm 5!:1 /') ! /.... --- ~.. z! ~ zl 0' 0, F, FI .q:: , sc .q::' >1 > w w -' -' w w :I: ~ ~ If) ;:) ~ 0 en DTI DTI DTI DTI City of Delray Beach Memo To: City Commission From: City Manager &1 cc: Date: April 29, 2005 Re: Cultural Plan Proposal Carol Coletta has submitted a new proposal for preparing a cultural plan for Delray Beach, a copy of which is attached. This new proposal is for a fee of $50,000 plus costs. Recommendation: If this new proposal is acceptable to the Commission, then the City Attorney should be directed to put the proposal in proper legal agreement fOnTI for execution. We will also contact the CRA to request that they pay half the cost. -- -- 1 C\b .... Harden, David ~ From: Jeff Perlman [delcommish@hotmail.com] Sent: Wednesday, March 30,20059:12 AM To: Harden, David Subject: FW: Delray Beach Cultural Plan Proposal ~ ~ =;¡æ DelrayBeachCulturaDelrayBeachTimelin IPlanLettert. .. e.doc (55 KB... David: Attached is the proposal for the cultural plan. A couple of thoughts... 1. Everyone liked Carol Coletta and felt she would do an excellent job. 2. I think we can get the price down somewhat. 3. I think we should seek donations and or grants from the Cultural Council to help offset the costs. 4. The CRA should participate since the bulk of cultural activities are in their district. I will contact Bill Nix at the Coucil to see if he can locate any funds. There was also a suggestion that perhaps someone local will want to underwrite the plan, perhaps Lattner or George Elmore's foundation. Your thoughts would be welcomed. Warmest regards Jeff Perlman >From: Carol Coletta <ccoletta@colettaandcompany.com> >To: <Delcommish@hotmail.com> >Subject: Delray Beach Cultural Plan Proposal >Date: Fri, 25 Mar 2005 16:10:37 -0600 > >Jeff, > >Our proposal is attached, along with a timeline for completion of our >work. > >1 estimate that we can complete our work in nine weeks. > >In a burst of enthusiasm and creativity stimulated by my trip to >Delray, I have already outlined a number of preliminary hypotheses that >1 am eager to test with more information. > >So let's get started asap. I'll call you Tuesday. > >Hope you had good weather in San Francisco. > >Warm regards, > >Carol > *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 1 \!'J ð. 3 -~---------- - -- - Page 1 of 1 Bauer, Gerri ----------~--~-------------------~-~-~---------------------~-~._----- ------ ------ From: mhughes@colettaandcompany.com Sent: Friday, April 29, 2005 10:49 AM To: Bauer, Gerri Subject: Revised Cultural Plan Proposal Importance: High Please review the attached revised proposal. Contact me with any questions. Michael Hughes Coletta & Company 41 Union Memphis, TN 38103 901.528.0800 m hughes@colettaandcompany.com .~. ~Safe scanned this emall for malicio~s co~~e~~ *~k *** IMPU~T~NT: Do ~ot open attachments froM unrecagn17ed senders *~~ 4/29/2005 ---- ----- -------- ~, coletta & company www. c 01 etta a n de om pa n y .com Coletta & Company, Inc. proposes developing a cultural strategy for Delray Beach addressing the following: · What should be the cultural niche of Delray, given its proximity to Palm Beach, Fort Lauderdale and Miami with their cultural assets? · How can the city leverage its natural assets, redeveloped downtown, village scale, intact grid system and great restaurants with a complementary cultural scene? · How can the City become more transparent, consistent and rational in the way it allocates and distributes money to cultural organizations? · How can citizens be brought into decision-making on allocations for cultural organizations? · How much "culture" can the City afford? · If the City can't afford to do everything, what should the City do? And why? (What is the City trying to achieve with these expenditures?) · How can the City use culture to achieve goals of racial and ethnic harmony and trust? · Is duplication really an issue? If so, is that a bad thing? If it is, how do we eliminate it? · How can cultural groups work together to leverage their assets? · How can the city anticipate the cultural needs of those who are moving to the city for its weather, beaches, walkability and restaurants? How can the city use culture to enhance its reputation as a "village by I · the sea"? How can the city use culture to attract the creative class? j · I What is missing from the city's cultural inventory? I · I 41 Union Ave.. Memphis TN 38103 te! 901.528.0800 fax 901.527.9713 i nfo@colettaandcompany.com There are many questions here, but they can productively be divided into two categories: (1) How should the City of Delray support existing cultural organizations? (2) How can the City of Delray use culture to strengthen its emerging role as a talent-attracting village by the sea? The first question deals with what is. The second deals with what could be. Our aspiration is to make this plan one that will be admired nationally for the ways in which it respects art and culture for their intrinsic value, while at the same time uses arts and culture as a reputation-building, talent-driving strategy for Delray. Our work plan is attached, along with a timeline. The plan calls for one additional fact-finding trip, a trip to present preliminary findings to Mayor Perlman and selected funders for discussion and negotiation and a trip to present our final recommendations to the community. The final product will address all of the questions outlined above and will include specific, actionable recommendations. Our fee for the project is $50,000. The City of Delray Beach will attempt to raise an additional $5,000 from outside sources. This does not indude the printing and design costs associated with the final report, which will be billed directly to the City with prior approval of the amount by the City. Travel expenses will be billed at net in addition to the project fee. The work pLan anticipates three trips for a total of five staff visits, in addition to the trip made earlier. - ~ ~ Delray Beach Cultural Plan Research Phase - Weeks 1-2 · Make initial visit to DB - Complete · Follow up phone calls to DB cultural assets · Review materials, studies, web sites from all cultural assets · Make contact with Palm Beach County Cultural Commission to understand its system of grant making and identify other services it provides · Identify active developers in DB (east and west of 1-95) · Interview by phone developers and sales offices to profile new buyers. · Interview art and history coordinators at schools to determine real need for "outside" resources, curriculum, performance opportunities · Interview Broward County/Palm Beach County Library staffs and Historical Society staffs to determine resources available and possible duplication · Map cultural assets for Palm Beach County and major cultural assets (including festivals) for Broward and Dade Counties · Analyze cultural assets on selected dimensions · Determine who is supporting arts and culture · Interview significant corporate arts and culture funders · Get the City's complete arts and culture funding budget for 3 years · Develop initial hypotheses and identify additional questions · Set appointments for next visit · Develop question guide for Cultural Alliance meeting · Make second visit to DB, preferably during a festival Test Phase I - Visit Two - Week 3 · Share initial hypotheses with Mayor and funding partners · Share additional questions with Cultural Alliance · Talk to shopkeepers and restaurant owners · Visit festival · Alter hypotheses based on new evidence Write Report - Weeks 4-5 · Write draft one of report · Assign designer to project Visit Three - Week 6 · Present findings to Mayor and funding partners -- Revise Report - Weeks 7-8 . 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Q) = c:> Q. c:> = 0 00 c:> ~ c:> - - fI} fI} .J:::: ...t:: = = = r/.) ¡:Q E-< Q = E-< 0 - N ~ E-4 = r/.) U ..s E0- =... Z cIÍ ~ - ... n_ . . CLIENT: City of Delray Beach PROJECT: Supply and install transit passenger shelters Revision: 01 Oøtion 1: STEEL STRUCTURE ALL GLASS SINGLE SHEL TER 62" W x 153" L (Oøtion 1- ref. 5454-11 Description Unit price Qty Total (US$) ($) ($) Peaked isolated roof shelters clw 1/8" formed 5697.00 47.00 267759.00 aluminum roof (no front Qlass panels) LED IiQhtinQ 650.00 47.00 30550.00 Solar power system (roof-mounted flexible solar 2000.00 47.00 94000.00 panel) Wood benches with backrest 450.00 47.00 21150.00 Trash receptacle 389.50 47.00 18306.50 Load & transport 287.00 47.00 13489.00 Install 900.00 47.00 42300.00 Install (solar panels) 300.00 47.00 14100.00 COST ($) 10,673.50 501,654.50 Oøtion 2: ALUM. STRUCTURE ALL GLASS SINGLE SHEL TER 62" W x 153" L (Oøtion 2 - ref. 5454-2J, Description Unit price Qty Total (US$) ($) ($) Curved isolated barrel roof shelters clw 1/8 4264.00 47.00 200408.00 formed aluminum roof (no front Qlass panels) LED IiQhtinQ 650.00 47.00 30550.00 Solar power system (roof-mounted flexible solar 2000.00 47.00 94000.00 panel) Wood benches with backrest 450.00 47.00 21150.00 Trash receptacle 389.50 47.00 18306.50 Load & transport 287.00 47.00 13489.00 Install 750.00 47.00 35250.00 Install (solar panels) 300.00 47.00 14100.00 COST ($) 9,090.50 427,253.50 All applicable state taxes are not included in the price --- . -- " -~ :.. " ~ 0 " l' J.-:t .r ~ ~ -0 i ..- ~ 11 .... c.:: 3.šJf .. 0' ;.. .;;.~ ::!.-:; ::fi;'if~ :::¡ ~ ~.:.: j:.:- 2.i~ 3. ". "'-' co ië~ë--~ - 1; w 31 .3 ö'£:.. ... .~ !~ ~ H '" ~ ~x: ª-. -; '" .-', . .~~~ ,. .~ \ì '" . . "". ,r-"- . ,- ~~ . {~ :::!1 ¡:; ~ ;~-... '" ..·t?;....}_ ~,,,,:#"'¡'; tt; -= ~~ :: ~ i Q\ 1 84 '8" - - 18' - I ~ ã 0: I "" ~ ¡ I f ¡ ,. ~ . .. - ~ , <!i ---- ----- , I , ¡ ! . , ~ ~ ~ ! i i I~ ,- . '" i I , . ¡ --.- '" - ~ , . '. , . '" . - '. , ~; I !~ i I , I r &¡ ~ ~ , ;;; ... -.'- ,'....[ <1JPROV4i ;R:'PHI" L~r')lIT CL,f,"rr .i. ~" ~¡¡ !II ~..,. ~~i - fix : ~ . .. .<:: ~ CJ ." .. - f .' o . :; 5 - !;.:.. , , - .I ~I ill ~¡j ~~ ~ ~ I : ~.J' -. ' = ... C"I " , - - "", I' !!¡.. rl¡ ,-.., U'I . ï .. > i". -: -, :!: ~ï . 1!l1 ""Iii " ~ ~I II iï Ijl! I I if¡ iil! ;1 ï ~ -ï . : !I.; li~~ a II . }~~ .,.. r . , ¡ i , ' 1 .. · H"'" = ,~~ H :!. ~~ ;a ~~i~i~M: <::;) . .' 'f"'" ..' · ,t = .. . -',"-1""""""- "" ' " , f""l~ N .....".,. _ .1 . < . _ l ~ r · ! · I - 'R i " " '. .Þ' ,...~ '\1':1 , o. r - , . .. I · . _ r -- ¡;; . .. :>ï .0; " -< .,¡ · I' i ~ ~ ~ - ~ - " ',";- .111.... :,,'-' . -. .,~~II¡ . " ,..' II! --!II 11" ",- .. III .. II . i. ~ ~, ~. ) .....' Ii ' 11.113,.11 I ,." ~ . .,...' . I "j'" ' I ~ 1I.;I,!il):I I ' ..f.---·¡ I 1.'o·U I ' . li!iilh- i ~ , .J!! ¡.!' ¡ .. ~.. õ " . ~ . as/al/2eeS 22:36 S61-688-el18 ROSSO PAVING AND DRA PAGE a2 . ; ROSSO PAVING & DRAINAGE, INC. 3.50 MâD Lane (~l) 61a.G21. WeatPalmBaeb, FL 33413 Fax(561)6"~11' May 2, 200S City ofDelray Beach 100 North West tit Avcnœ Delray Beach. FL 33444 At: Mr. Rafael C. BalIcstao RE: Bus Shelter Concrete Work, Project * 2002·52, PO## 626187 g¡&NGE OQER #12 We ntpedfally ..bJDit tile loUowIq Reqa..t for CIa.... Order for the .bove nfereaced project.. BUS SHELTER ASSEMBLY AND INSTALLATION 1. Mobilization. 2. Temporary MainteDaDce of Tnftic. 3. Transport shelter kit from City sourçe to Job Site's. 4. Installation and assembly on existing concrete slabs. Total: 47 each@ S 1,500.00'" S 70,500.00 This change order 1IVill increase our contract time by 45 days. RcspedfW.ly. . , , .... MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER ttr1 SUBJECT: AGENDA ITEM # '\E - REGULAR MEETING OF MAY 3. 2005 REJECTIONS OF BIDS/PURCHASE AWARD/BUS SHELTERS DATE: APRIL 29, 2005 This is before the Commission to consider rejection of all bids received for the Bus Shelter Design/Build Project due to receivmg bids out of scale and sigmficantly 1n excess of the project budget; and provide direction regarding purchasing and installing 47 bus shelters. Bids for the design/build manufacture and installation of 47 bus shelters throughout the City were opened on Tuesday, April 19, 2005. There were two respondents with the lowest bid submitted by Sanchez Arango Construction Co. in the amount of $1,006,660.00. Both respondent bids are considered out of scale for the scope of work and are significantly in excess of the project budget. Therefore, staff recommends rejection of all bIds for the Bus Shelter Project. In view of the past time delays involved with this project and the need to accomplish the shelter mstallation prior to expiration of the Palm Tran grant for project funding, staff has solicited quotes for the prefabrication and delivery of the shelters from the folloWlng firms: Tolar Manufacturing Company Brasco International Inc. Columbia Equipment Company Enseicom Company BIG enterprises, Inc. Of the five (5) firms contacted, BIG Enterprises did not respond and Brasco International declined to quote the project cinng liability issues with the requirements for certification of meeting hurricane standards in the building code. SpecIfications and direction were proVlded to each ftrm. We have requested a price from Rosso Paving, the contractor currently doing the shelter slab installations, to install the shelters. The proposal will be received and distributed on May 3td. If shelters are purchased from Tolar Shelters at the base quote with Option 3 for solar lighting packages, the total expense will be $351,910.00. Since our current contract for concrete pad installation is $150,000.00, the total uninstalled cost will be $501,910.00. Funding is available from 334-3162-544-65.70 (fransit Bus Shelters) and 334-6111-575-65.22 (Riverwalk). This proposal will result in a total available funding level of $433,500.00 for the bus shelter project. After purchase and deliver expenses, this will leave approxunately $81,600.00 for installation, or approximately $1,735.00 per shelter. Commission direction to proceed with the purchase will be contingent upon the vendor's execution of the City's Standard Form of Agreement. Consider rejection of all bids received for the Bus Shelter Design/Build Project due to receiving bids out of scale and significantly in excess of the project budget; and provide direction regarding purchasing and installing 47 bus shelters. s:\Ctty Cluk\agenda memos\Bus Shelters 050305 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www.mydelraybeach.com TO: David T. Harden, City Manager FROM: Richard C. Hasko, P .E., Environmental Services Director ~ SUBJECT: BUS SHELTER PROJECT DATE: April 29, 2005 Bids for the designlbuild manufacture and installation of 47 bus shelters throughout the City were opened on Tuesday, April 19, 2005. There were two respondents with the lowest bid submitted by Sanchez Arango Construction Co. in the amount of $1,006,660 (bid tab attached). Both respondent bids are considered out of scale for the scope of work and are significantly in excess of the project budget. On that basis, staff recommends Commission reject all bids for the Bus Shelter project. In view of the past time delays involved with this project and the need to accomplish the shelter installation prior to expiration of the Palm Tran grant for project funding, staff has solicited quotes for the prefabrication and delivery of the shelters from the following firms: · Tolar Manufacturing Company · Brasco International Inc. · Columbia Equipment Company · Enseicom Company · BIG Enterprises, Inc. Of the five (5) firms contacted, BIG Enterprises did not respond and Brasco International declined to quote the project citing liability issues with requirements for certification of meeting hurricane standards in the building code. Specifications were provided to each firm (copy attached) with additional direction to exclude installation and provide a base quote including tempered glass for the enclosure, anti-vagrant bench and trash receptacle. Lighting for the shelters was also to be omitted from the base quote. Any optional items were to be listed separately as an add/deduct menu. The attached table summarizes the quotes received. We have requested a price from Rosso Paving, the contractor currently doing the shelter slab installations, to install the shelters. We do not have that proposal at this writing, but will bring it to Commission at the May 3 rd meeting. If shelters are purchased from Tolar Shelters at the base quote with Option 3 for solar lighting packages, the total expense will be $351,910. Since our current contract for concrete pad installation is $150,000, the total uninstalled cost will be $501,910. There is a current balance of $243,500 in account #334-3162-544-65.70, Transit Stop Bus Shelters, available for this project. Supplemental funding can be made available in the approximate amount of $190,000 via transfer from account #334-6111-575-65.22, Riverwalk. The Riverwalk project will not be constructed this year and will require additional funding to supplement the current program due to increased construction costs. Funding for the Riverwalk Project will be reallocated next year at levels adequate to construct the project. This proposal will result in a total available funding level of $433,500 for the bus shelter project. After purchase and delivery expenses, this will leave approximately $81,600 for installation, or approximately $1,735 per shelter. Any Commission direction to proceed with the purchase will be contingent upon the vendor's execution ofthe City's Standard Form of Agreement for the purchase. Please place this item on the May 3rd Commission agenda for consideration and direction from City Commission. Cc: Scott Aronson, Parking Management Specialist Susan Ruby, City Attorney Randal Krejcarek, P .E., City Engineer -~-----~- 0 0 0 0 0 0 0 Q ~ ~ 0 0 ~ ~ 0 Q 0 0 0 0 0 0 0 d d 0 0 0 0 0 0 - - 0 00 ~ 0 0 -=::t fA 'o:t c..; ..J Ó Ó ...¿ oó fA -..é ..:a= « N N N 0"- fA I.CI ~ fA fA 0"- fA ~ Sè ..... fA - i:í '"' !A '! ~ Q, c.. C': ", C': ë C': 0 0 0 0 0 0 0 t""" 0 0 ~ 0 ~ ~ ~ Q, ¡..WJ ::::> 0 0 0 0 0 0 ~ -u 0 0 0 0 0 0 z- 0 00 \D 0 o~ -=::t fA ;:¡:I:: Ó Ó ~ oó N fA Q,. N N fA fA &<t fA fA 0 0 0 0 0 0 0 Q 0 ~ 0 ~ ~ 0 ~ Q ::::> 0 0 0 0 0 0 d 0 V) 0 0 0 0 - I.CI , V) -=::t V) 00 o~ -=::t fA '..t:I C - ...¿ ...¿ ...¿ fA -..é « !"") !"") 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'Vi <1.1 :.... u Ci !..':: <1.1 4-0 .... ro ::¡ Ll) ~ - Q) <1.1 0 Z U 4-0 ::¡ c:: u c:: 0 0 0 .... ro c:: .S2 ~ - V5 0.... <1.1 Ll) F- e: <1.1 ~ t\1 0 u .... .... .§¡ N c.. c:: ,g ('; 0 U -- '';::; Õ "<t - ro ro Ç/1 l;:: ..J =: c:: <1.1 Ç/1 < -0 U .!:::J <1.1 oS:: - c:: « Q) - Ç/1 U 0 E 1:: rF.J :.ö e: IS <:) <1.1 ~ .¡;; en 'õ' <1.1 ¡: ;¡i¡ 0 :::::I en :::! -0 0 a.. Q ~ ~ c:c c:: .... > c:: ~ 0.... Q) ::; ro 0 ;¡i¡ . - N !"") -=::t V) \D r- C ~I Bus Shelter Quote Comparison IBase Quote I Tolar Mftr. Co. I Columbia Equip. I Enseicom Co. I Shelter $5,725 8120 Bench $1,130 375 Trash Can $275 170 Delivery Time (from order recpt) 8-10 weeks 11-21 weeks Base Cost/Shelter $7,130 $8,665 $0 Total base cost $335,110 $407,255 $0 Options 1. Light Fixt. For 12 units $1,800 $3,900 Subtotal (Base +Opt. 1) $336,910 $411,155 $0 2. AIt. bench w/o backrest -$31,725 $0 Subtotal (Base + Opt. 2) $303,385 $407,255 $0 3. Solar Lighting pkg (12 units) $16,800 $0 Subtotal (Base + Opt. 3) $351,910 $407,255 3. Total wI all options $321,985 $411,155 $0 a.) Base quote includes shelter w/tinted tempered glass sides; anti-vagrant bench w/back rest and attached trash receptacle b.) Prices include shipping c.) At time of writing, quotes trom Enseicom have not been received. -~ SECTION 13600 BUS SHELTER STANDARDS 1.01 DUTIES AND REQUIREMENTS FOR BUS SHELTERS, DESIGN, FABRICATION, AND INST ALLA TION. A. n will be the responsibility of any contractor to assure continued compliance with all provisions and requirements set forth in this proposal established by the City Commission. B. Contractor must be a licensed business in the City of Delray Beach, Florida. The Contractor must also submit a copy of the City Occupational License within ten (10) days after the notice of award. C. Contractor must provide the following with their proposal package at the time the proposal is submitted: 1. Statement of qualifications and experience for providing services outlined in this contract. 2. References: Contracts completed within the last 5 years. At least (3) three references but no more then (7) seven references shall be provided. 2.01 DEFINITIONS For the purposes of this Request for Proposal, the following definitions shall apply: A. "Commission" shall mean the City Commission of the City of Delray Beach, Florida. B. "Department" shall mean the City of Delray Beach Environmental Services Department, which is the agency designated to implement, enforce, and monitor this contract. C. "Director" shall mean the individual who is appointed by the Director of Environmental Services of the City of Delray Beach, Florida, to be responsible for the enforcement of this Bus Shelter contract. D. "ADA" means Americans with Disability Act. BUS SHELTER STANDARDS --~~-~ E. "Shelter" shall mean a structure with a roof and 3 sides. Which protects individuals from the weather, while waiting for transit vehicles. F. "Person" shall mean any natural person, finn, partnership, association, corporation or other entity of any kind whatsoever. G. "Property Owner" shall mean that person who exercIses dominion and control over real property, including but not limited to, the legal property owner title holder, designated representative of a condominium or homeowners association or any person authorized to exercise or share dominion and control over real property. H. "City" shall mean the City of Delray Beach, Florida. 3.01 EXECUTION SHELTER standards: Any SHELTER(s) designed, constructed and installed shall meet and satisfy the following minimum standards: A. Be durable, vandal-resistant, low maintenance, and remain structurally sound during a minimum ten (10) year usable life. B. Be covered by a Hip and Gable roof design or approved equal with an insulated roof either attached to and confonning to the roof pitch or installed so that the insulation creates a flat ceiling no less than 7-feet 6-inches (7'6") in height. Roof drainage and scuppering shall be to the rear or sides of the shelter. No curved or flat roof design will be allowed. C. Be designed to withstand current wind load code requirements. A registered engineer licensed in the State of Florida shall sign design calculations. The anchoring technique shall allow for minimal effort to remove and reinstall the shelter. D. Have a minimum of two (2) sides (the back may be modified to allow wheelchair access) and an open front with sufficient roof coverage to protect the riders from the elements. Tempered glass shall be 3/8" thick laminated bronze or grey tinted with 60% light passage. E. Have seating for a minimum of three (3) adults and space for one (I) wheelchair user with attendant. Seating shall be designed with anti-vagrant dividers. Seating shall be secured to the concrete slab within the SHELTER, and have a backrest. F. Shelter shall have a minimum of 30"X 48" clear floor space entirely within the perimeter of the shelter for wheel chair/mobility aid user accommodation. Be fully complaint with the Federal Americans With Disabilities Act of 1990, as amended, and BUS SHELTER STANDARDS ~--- all regulation issued related thereto, including but not limited to 49 CFR Part 37, Appendix A. (such Act and its implementing regulations are referred to herein as "ADA"). All surfaces, signage and overhangs shall comply with the ADA. G. SHELTERS are to be designed to fit on a six foot by fourteen foot (6'X 14') foundation base which will consists of a concrete slab at least eight inches (8") thick shelters shall allow for the concrete to extend six inches (6") beyond the SHELTER "foot print". The concrete slab foundation will be constructed by others. H. All locations have been predetermined by the City and concrete pad constructed by others. No variations will be allowed. I. Have a minimum three (3) foot clearance around the shelter and any adjacent sidewalk to provide for unrestricted pedestrian traffic. If located adjacent to a building, the SHELTER design shall include a twelve inch (12") clear space at the rear of the SHELTER to permit trash removal and cleaning. J. Be located no closer than two feet (2') between the back-face of the curb and the roof panels of the SHELTER to permit clear passage of bus and truck side mirrors. SHELTER must be designed to fit on an eight foot (8') right-of-way. Rear roof line may not exceed beyond back of slab. K. Be equipped with an attached, :tYee standing or pedestal mounted trash container with a minimum capacity of twenty (20) gallons with removable durable plastic trash can liner. L. Be fully compliant with all state and federal laws including all FDOT regulations. M. No advertisement, advertising, notices, po stings, signage or messages, of any kind or type whatsoever, will be attached to or displayed upon any SHELTER, or communicated to any transit passenger. N. Each SHELTER shall have a sign placed per City (attached detail) within it clearly indicating the party responsibility for maintenance and cleaning of the SHELTER and a telephone number to which complaints may be reported. No advertising, advertisement, message or signage, of any kind or type whatsoever, shall be placed per City upon or at SHELTER, including the trash receptacle, except as expressly required or permitted in this Agreement. Nothing contained herein shall, however, preclude the City :tYom placing or installing any signs, decals, messages, informational displays or notices regarding public transportation or Palm Tran's Services. O. The CONTRACTOR agrees to design, build, and install the SHELTER(s) in accordance with the plans, specification and costs as submitted in this proposal. Any variations :tYom the submitted plans shall require the City's prior written approval. BUS SHELTER STANDARDS 1. CONTRACTOR's Responsibility: Contractor shall be fully responsible for design, construction/fabrication and installation of all SHELTER(s) as shown on the plans. 2. City will obtain all Florida Department of Transportation (FDOT) and Palm Beach County permits for shelter installation. END OF SECTION BUS SHELTER STANDARDS ---- SECTION 13601 BUS SHELTER SOLAR PANELS 1.01 LIGHTING Each SHELTER shall be lighted from dusk to dawn. Lighting may be provided by either solar power or supplied from conventional public utility. Power supplies by a conventional public utility. Power supplied by a conventional public utility will be Ground Fault Interrupter (GFI) PROTECTRED. Pricing for both options shall be provided. City to detennine how many of each type of shelters will be provide. All non- lighted SHELTER(s) shall be designed to easily accept lighting at a later date. Any opening necessary to install lighting must be closed with punch out covers. END OF SECTION BUS SHELTER STANDARDS --~- ,,-- --... CorpOrdte Off ICe,; TOLAR EdStern RegIonal OffIce ~5~ ,o\'\aC<{\H (·rd€' (':')JI~ïil C:i::!(':";~ja q~8ì~ 6733 Trans¡: I<oad. s..:,'~ 2hC,.).};) Ph(Jat· (!¡:) I; blj" or;1-; . ; ,\'-. . S1~) J ~U~~l:')-I: \\-. '!tðn--;~\·!aC 'J~ "0;h ~ -J2~ 1 t~A \~i}\} ~íJ~~{;Ir..l . W'.\\\ t,,'~<\rr-/.t....):i¡, SHELTERS P~"()I)~ t7~t} ß~8-49tß . Fa, ,iif]: ß8&-.d~Of) ------. -- ------- ----- IOlA~ IY'AI+'....FÞCTtJfl1NO f'.;()II.4P^^,v .......c: April 25, 2005 Richard Hasko City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 Quote: 12145 Dear Richard: The following is what we had proposed to the contractor to bid on the Delray Beach project specifications. I don't know whether or not this was included with their bid so it is reproduced here in total as sent to the contractor. (Start of copy sent') To fully comply with the specifications outlined, we propose the Tolar "Niagara" series model 14NAHPGl factory prefabricated to the following standards: · Aluminum extrusion framework of AA 6063- T5 minimum 1/8" thickness · All metal surfaces finished with premium polyester powder coat in standard RAl color selected; see http://www.ppg.com/car indcoat/powder17.htm for color selection. · Welding conforming to American Welding Society standard D1.1-80 · Engineered to meet UBC '94 and South Florida building codes, with all calculations and drawings certified by a Florida licensed engineer · All materials and workmanship shall be guaranteed to be free from defects for a period of at least one year from date of acceptance. Shelter Style and Configuration ¡ ·ii~~":f'~J~. . Shelters shall be fabricated to the following configuration similar in general appearance to these illustrations, but without any advertising display and with glass in place of the perforated metal wall panels: . Hip and gable roof with drip line nominally 14' 8" x 6' 7" with overhanging eaves (similar to the roof "Q0a\I~Y Street Furniture Sin c e I 991" - --------- ,.- ~ Corporate OfflCe~ TOLAR L<\Sh~rn RegKmal Oiih':C 25S Marah C!n 1(' C~rl}'tð C":\L'C':-:'¡¿l Ç2'¡i~ 6733 TrM,Slt 1{0.,<1. Su"e ;?(¡(\·,3;J3 Ph.,..' (~\:> I) 1)1)f; ~,,;~ . : ,'~ 's;;; IIU,q:·)\ . \\ '!lðn'.:':)v:1!€_ "'ti'W Y0"'"i, :.r?2; tS·\ ~W)i)} ;¡.Hitil!).J . """ ''';.'"U1n(,y:,"· SHELTERS Phon( (7:6: 6~Fs49~)5 . F~'\ tÎ16; tiSS49Í}~ - - -~- --- - -- -- r0LA~ 1-..-~Fþç:nMNO COMPANY' >~~ as illustrated in these photos). · The roof surface panels are Thermoclear®, insulated, double walled, UV protected polycarbonate, warranted by GE Plastics for 10 years against UV deterioration, (white or bronze tinted) and are retained and sealed by gasketed flat bars. · Footprint nominally 12' x 4' 4" to be surface mounted on a prepared concrete pad. · Vertical posts nominally 3" x 3" with telescoping adjustable shoes for leveling. · Stainless steel hardware at ground and key connection points · Wall panels of bronze tinted laminated safety glass 44" x 79" x 3/8", (5 per shelter) · Glazing system eliminates exposed fasteners with a gasketed glazing channel in the underside of the roof frame extrusion, and with pressure fit glazing system on vertical posts with bottom mullion to fully frame all glass, eliminating exposed edges or glass to glass joints that might be subject to damage. Note: In locations where ADA access is a consideration, one of the back wall panels can be eliminated without compromising structural stability. This would permit wheelchair entrance without the need for additional setback from the curb, Benches Shelters shall each have a 3 seat "steel strap" bench with backrest and with individual arms / vagrant bars, (not shown on the bench in this photo) Benches are to be surface mounted, anchored into the concrete pad, independently from the shelter itself and positioned to provide an ADA compliant wheelchair accommodation of at least 3D" x48" Benches will be finished to the same matching color and standards as the shelter framework. Shelter lighting: Security lighting is offered as required either connected to the power grid or solar powered as may be best suited to the location. GFI, UL certified compact fluorescent lighting built into the roof beam and pre-wired for connection to the power grid, by others, through underground conduit. This requires connection by a licensed electrical contractor. Solar Security lighting, dusk to dawn, LED dual fixture lighting with roof mounted solar collector and solid state controls, factory preset and requiring no adjustment. This solar system has 5-day battery power reserve, and is warranted separately by the manufacturer for 2 years. Trash Receptacle: There are a number of options available: 1. Pole mounted 20 gallon with liner, as illustrated at right, with lid and liner. "QUOllt\! StreeT Furniture Si nee I 991 " - -- -- - ---~-- --- ------<------------ ~ ----.. Corporate Office,; TOLAR Eastern RegK)Oill ()fil~'C' :!58 "'a"'d" l ir( k C\},W'''. C..Hc·r"¡iI QZ37¡¡ 6733 Tr,\n5ll nc.\d. Sc:"" 2ÜP·3 ');j. P;'IJ:"" (!Jf)I~ .)t)SlM;~' . tð.X 'f;f.,1 6\.:ð-(:-);: \\·~·!k1..n'-.~\."::!i' ~~Ji \~\',"'h .·r?2~ 1.-::-'--\ ~~-)O) JJH (-qf,;)· W',\.\\ 1~~;û.·T-ìiJ'...-,j;;ì SHELTERS P"'m,' ;71û1 51<84')L5 . f.,,< ,7\1\: ';SS.!£4)!) -------- TOt. ¡..q ly\AJ'.t~-FþCìUf1JNO t:;()MJL'"ANv '-...c 2. Pedestal mounted, 30 gallon perforated metal freestanding trash receptacle as illustrated below left. 3. Notes: 1. Tolar Manufacturing makes all shelters to specific customer orders in the styles, sizes, colors, configurations and materials that best suit the particular conditions, aesthetic and functional requirements of our customers. Therefore, if there should be any concern about any part of this proposal, please be assured that we can make adjustments or modifications to suit your needs. I would also like to emphasize that I will be glad to visit in person to review, clarify the options or alternatives to ensure that the right choices are made to maximize value. 2. Please also note that complete approval drawings are provided for acceptance before any production will commence, so if there are concerns about any particular details, they can be addressed. 3. Lead-time is obviously a concern and our normal lead time is approximately 8 - 10 weeks ARO for production and delivery. 4. Shelters are factory prefabricated and shipped in dedicated flatbed or van type trailers, in knock down condition with all necessary hardware and instructions for installation. A forklift and labor to unload at destination is the responsibility of the customer. 5. Your specification calls for laminated glass, which would not be our first choice for an application such as this. Laminated glass is intended primarily for applications such as windshields where there is a danger of a rock or other debris penetrating and injuring a driver. The glass is sacrificial with the plastic inner laminate made to prevent penetration of an object to avoid injury, and is not particularly resistant to breakage. A better choice, in our opinion, would be tempered safety glass (as is used on all windows other than front windshields in cars). This glass is exponentially tougher and "QualIty Street Furniture Si n ce 1 99 1" ----- ----------- ..",,-- ~ COrpordte Office,; TOLAR EdStl~rn Region'll Ofí lœ ~5fl. ^"\ar~C1n C·re ~ CJJO'k't Ca1,'~~:t.a 9Zi1ì~ 6733 TrM'.SI: f:to,\é ~"" ;'fJ{),,;,);) Ph.>!,,- (!¡:, Ii I>IJR IJl;1, . '""f;;JI !!U!) i;'H: \\., !lùn-'~v<!\." ~\I'\\! V,)rt\ :'J'?~: 1·5:>.\ :H(){JI ~íJ, !j It"'· \\ 'A" 'o!.lrn'l~ (,)':\ SHELTERS ()~t)n\:. ~7;\n 5ð~4gl5 . r:o'\, t7U-;: t;B~d~Ú\ ---- TrJt.A~ l>.I--AN....FliCT1JAt-K) '-:OMf'"AN'V .~ more resistant to breakage, but if adequate point loading is applied, will shatter into small cubes rather than dangerous shards. Tempered glass is also considerably less costly than laminated and over the long term will prove to be far less costly to maintain. 6. Another alternative that may be acceptable and could significantly reduce long-term maintenance would be perforated 16 gauge metal panels in place of glass. With 1f4" holes on 3/8" stagger pattern and an approximate 60% open area, visibility is similar to tinted glass, particular for dark colors. These can be easily retro fit later if so desired, should glass breakage and maintenance costs become a serious issue. (End of copy) Prices: As concerns costs and options, as described above, · the shelter (with laminated glass) was quoted at $6580 each,(plus freight estimated at $350 per shelter) · Lighting per shelter, (connection to power grid by others) extra at $150 per shelter · Solar lighting set $1400 each · 3 seat bench as illustrated above, but with individual arms, $1050 each (plus freight estimated at $80 per bench) · Trash receptacles as illustrated were quoted at; $275, $425 and $600 respectively. Alternatives and Prices: For less costly and more practical alternatives, a shelter with tinted tempered safety glass in place of the tinted laminated glass would be considerably less expensive to manufacture. The tempered glass is not only far less costly per square foot, it is structurally more stable and therefore requires significantly less framing and structural support. · A model 14NAHP-GL shelter with tinted tempered glass wall panels but otherwise meeting the same specifications as outlined would be: $5375 per shelter (plus $350 freight estimate). · A model 14NAHP-PM shelter with perforated metal panels in place of laminated or tempered glass but otherwise meeting the same specifications as outlined would be $6100 per shelter (plus $350 freight estimate). Please note that perforated metal panels can be easily retrofit later if breakage were to become a maintenance problem and with 60% open area, visibility is similar to that of bronze tinted glass. (The photos above are of a shelter with the perforated metal walls, and as you can see, visibility is still quite acceptable). I also noted that your specification called for the possibility of leaving an opening in the back wall for ADA access in locations where clearance and setback may be limited. If so, you could deduct $250 from a laminated glass shelter, $125 from a tempered glass shelter, or $200 from a perforated panel shelter). As for the benches, there are lower cost alternatives, as well. A perforated metal, 3 seat 6-foot bench without backrest and with vagrant bars, would be $375 in matching color finish. Although your specifications to call for a backrest, it is really "Quality Street Furniture Si nee 1 99111 -~- ------ ----- -> - - ------- - ~. --... Corpomte ( )ffice.. TOLAR L~.··,tern Regl0"al OfíKC ;¡:;;::i ^'aråh f 'n:k> C")I,~lk\. C 1; !l~:'"~~a q2~71l 6733 Tr,m~,¡: ¡;/c.~d Su"" 2f){\·5S;\ Ph,,:w (~}51~ bI}~Ht;k: .. f "x 'f;;'" r.\J~.\>)\: \\-¡:~kln~sv::~~ ,,~- ~#('\:-~ : ·t?~ 1 I.I~.\ :H0{J) 'JJ9!~ If~~:· W\\" ·0¡'\~T'··f1.-\ ...Y:¡ SHELTERS P~ON. : 7: Ð) !;S.~ .J9:jt} . Fa.x _7 if.~ í;8~ .191}~ ----- - - ----- JOlAq W,AN-\."FÞCTUAlNQ 'X)IvWANV ....c not necessary if there is a wall panel behind the bench, and in fact a backrest can interfere with cleaning and maintenance. An even lower cost alternative would be a 3 seat bench with individual arms and recycled plastic slats, at a cost per unit of $210 or $325 with backrest. Summary Without compromising your style preference, but with tempered glass in place of laminated, and with the least expensive bench and trash receptacle alternatives, your total cost per site would be: $5375 14NAHP-GL shelter (tempered safety glass) $210 bench, 3-seat, recycled plastic slats, aluminum individual arms $275 trash receptacle 20 Gal., post mounted $400 per shelter/bench freight (estimate*) Total $6260 each site FOB Delray Beach (not including sites that require illumination) Installation and site preparation would be additional and by others. Freight* is estimated at current rates. (It is our policy to prepay and invoice freight at our cost at time of shipment, without mark-up). I trust that this is more in line with your parameters, and since this would not compromise the aesthetic values or technical standards that were selected in your original contract, it is our sincere hope that we can be of service to you. If there should be any further need for clarification or explanation, or if you feel there would be a need for evaluation of any other alternatives, I will be glad to arrange a personal visit to help put this project back on track. Sincerely, /~ ¿-- / I /;/ j:t'/;<¿ /1'< ,-' Richard Clements Regional Manager Tolar Manufacturing Company, Inc. II Qua II t Y Street Furniture Sin ce 1 991" -- -- _ ~ _ -+--- - -- - - ------- ,~p- ~__..............~v--'" _'" t., ~~~ '. ,.r TOLAR SHEL TERS STANDARD FEATURES liThe Tolar Bus Shelter Security Light uses the latest super bright · Bright White LED's white LED technology to provide ultra safe, low voltage lighting to · Modular Design illuminate shelters for your passengers as they wait for their trans- · Plug-in Components I portation. · Vandal Resistant Designed specifically for use in Tolar shelters, the system is modular · All Night Lighting in design and fits most of our standard shelters. With no trenching, . I no wiring, and no connection to grid power, the light can be installed · Constant Light Levels 5-Day Battery Reserve by your personnel in about an hour. · · 2- Year Warranty Unique to our system is the use of a sealed power pack. The sealed BENEFITS power pack remains dormant until the system is installed, and there is no need to adjust or set anything. The power pack requires abso- Safer Shelters · lutely no maintenance, and can be replaced in a matter of minutes · Drivers See Riders ! when needed. The power pack lasts approximately 5-years. · Discourages Loitering Every system that leaves our factory has been quality control tested · Light Without: and inspected to assure you of an easy installation and highly de- - Trenching pendable performance. All mechanical components are designed - Transformers - Meters for simple installation, and electrical connections are the plug in - Connection Fees type. · No Electric Bills I Shelters up to thirteen feet are nicely illuminated by a single system, · Easy To Relocate and additional systems can be added for larger shelters. Solar Array Protected By Aluminum Mounting Legs Architectural Angle /ModUlar Sealed Power Pack Shelter Roof Rib Shelter Roof Shelter Ceiling Schedule 40 Lamp Housings Vandal Proof Super Bright White LED Lamps Aluminum Wire Chase TOLAR MANUFACTURING CO., INC. . Toll free: (800) 339-6165. (951) 808-0081 . Fax: (951) 808-0041 Home Office: pmerrick@tolarmfg.com . Eastern Regional Office: rclementS@tolarmfg.com WWW. tolarmfg.com ---~----- - --~-~-- -- ------- FROM: PHO~~E NO. : 5168296416 Apr. 29 21305 01:08HM Pi Columbia Equipment Company Inc = 180-10 93rd Avenue Jamaica, New Yot1\ 11433-1499 718-558-5900 Fax; 718-526-4110 E·m~)1 stll.':lterpr@aol.com fax www.col\Ambiaequipment.com AE.Project #2003-56 Phase I Bus Stop Shelters OAT!: 4/28/05 TO Mr. Richard C. Has~o. P.E. Environmental Services Director City of Delray Beach 100 NW 1st Aven~e Delray Beach. FT. 33444 FAX #1-561-243-7060 FACSIMILE TRANSMISS!.Qls.l:ìOvæR PAGE TOTAL ¡t. OF PAGES: 11 (INCL.. THIS COVER PAGE) IF QUESTIONS, CALL: (718)66B-590Q ASK FOR Arthur Cohen IF YOU DO NOT RECEIVe AL_ THE F'AGES. PLEASE ÇAL.L US BACI( AS SOON AS POSSIBLE ·_'~'ø ....,. 1 2 pgs Quotation for (4i) model #ALIO/02HR$p-3 Bus Sh¥lters -1 I 1 ! Term& and Conditions j 1 4/28/05; Plan & Elevation Views of #AL10/C2ERsp-3 Shelter wifull rearwall I 1 ' '/2S/05! Plan & Elevation V1a~s of ¥ALIO!02HRsp-rn3 Shelter w/part rearwal1 I I I I Specifications 1 í2 ') s - -- "-- I "Tall S to - wind,:)w c.orner & Intern.'!!.l Connectors 1 13F-6f 2/27/98 I D~tail of Special B4e~_Flan~s for H~gh Wind Locat~ons p ACTION O~ COMMENTS " The enclosed is as per you~ requést and ~hould òe in conformance with your specifications. We h4ve qUQted basic ?rices including de:i~Q~Y for ?refabric~~ed Aluminum Bus Sh~lter5 with fully glazed rQar a~d sidewalls. a hipped mer.al eta~rling sean roof wlflat FRP structura ceiling pa.nel (I-piece s2amlesB 5/8" matQJ:1a.l)1 bro:lze Duranodic finish an¿ 3/3" c:'ezr tømpered safety glass. A wiåe variety of options and a.lternates have been quoted as well. As you may know Columbia Lquipment Co.> Iùc. is the or1S1nal ~us 5nQlter manufacturer in ~ortb Am~rica. We ahve more experience and a wiaer variecy of designs than a~y othe~ supplier. We specialize i~ Bu. shelters with 45 years of experience in manufac~uring. design. ing, inetallin¡ a~d also maintain~ng shelters. We may ~~ able to furnish an experiented contr~c~ to install these shelters ~s well. Please look over the enc:osed and contact us wiCr any quest:ons. BV PrQIþ:1d$ut . ----- -- --. .~-- VIA FAX FRO~1 : PHONE NO. : 51682%416 Apr. 29 2005 ø:: 08AM P2 page ] <'Í ~ Columbia Equipment Company :nç = ~80-10 93rd Avenue Jamaica, Ne·...· 'y' ork 11433·' 499 718/655-590;) FAX 718/526-4110 Quotation OAT!' 4/28/05 10: Mr. Richard C. Hasko, P.E. ftE Pr~jðct #2003-56 Phase! Environmental S~rvices Director Bus Stop Sheltars City of DQlray Beach 100 NW ~st ÁvenUQ Delr6.Y Beach. :n 33444 doto.1p~"" , qU.rNltI ul1ltpoco IØleI ~ $¡;œ'MODEL: #ALlO/~2HRsp-3 with f~ll rear and. side w~l15......... 47 ' 7225.00 $ 339~':¡7.5.( AOCJI': St8nding SQQm Hiiped Metal (from stand6.~d ATAS eolo= ) I w/flat white FR 9tr~ctural ceiling panel I i WINDOWS: 31B" cl"ar Tempered Safety Glass (t~tal1y fr~~ed & g sketed) ALUM:NUM ALLQ'r'6063T.52 and 60611'6 ALUMiNUMFINI$rllf313 lJark :Bronze D'.lranodic 6" Externsl Adjustable Base Flangu w/4 aJ!.p. be-I;;s ea I .BAS. CITAlL. AMEUg~~k a) E~nch - 6'-siJver anodizèd Indep~nd9n~ aluminum bench w/back and (2) armrests...... ............. + 3ì5.00 ea.. b) rr&sh Recèatacle - 8-9 22 gAllon cylindrical 22 8 1 170.00 ea. perforate w/black powdercoat finish............, +- c) Li~ht Fix~urê - K7140 outdoor vandal-resistant i I 325.00 ea. f uoresenr. w/photoCQl1.~ LeXàn lens, hidden. wirir:. i+ I S>EiCIA.. WOf¡K; d) Prewira K1t (if no light f1xture) for future ligh ) 1+ 75.00 ¡per shelte! ~) 3/8" Brom:e Tinted Te.llIpere¿ Glass ...It-.............. + 315 .00 ,'per s:3./Ü tet f) 3/8" Bro~ze Laminated Glass._.................... + 580.00 I per sheltet g) powdercoat paint finieh (fr. std TigerDrylac color + h) Modified Shelte= with Par~-Length Rear Wall...... - 425.00 per sheltet -:-E¡:¡~¡¡' & CONDITiONS' ,. Work shall no; blllgil1l.'ntll (<,œipt of iii sigl'led ÞUlchs.e Ord.,. e, ::)rpc()s are firm ¡<;Ir 30 cays. 2. AIi order& ._ I.ubjeot to crad:t approval CL,rren! credr1 intormation 7, 1:>ehve')' s,,¡a, be 75 - 150 mu;:1 bo IILIbmitl$O with oraai', ¡"cludlng t~ l1Qmeo. adtW.8M, ~0I'Ie ::lays after reCA'p' :lr order ni.Jm~'" al1(i peI'$O~s 10 CO'ltact fOI bank, bondina QOnip.líl')' "'Ie Or re:::enpt of apprÇ'\l"JC :shop dwgs (\I¡¡fllchever :5 !.arer) two OOi'nm.reja, references D/?-lray 3<:ach, F1 3. PrioN qLJOt8d do '>Q! II\¢IudD an)' taxee, My 2Ji aþpliC/oble taxN ar, a AU prCf:S L'ln!' F.O B the r,\IIXII18ibility Q: tho Buyer. \) Pilyr.'lel"tte"m& .re O~ f::>·0'<I'3. ~et 3'J de.ys 4. Unl~ otnarwlS8 .tm.d, all pnces arø F,O.B. factory. Jal"la.ca. N.'t·. ;me do net Include dOl;VQfý. or èratjng c"=gl;l~ J.df,1 10':\. 10 net w/progress pø~~a~ts amount tor ahlpmeniS requiring special boxing or cral'''Ig ð. Pnçu :nclJde aIIlnstallall;:m t\ardware and instructions, ~xe~pl IO!' 10. A. price$ ÓO rot i'cl~d~ ~ax, plea~~ furni~n Exemption replaCllment Pf.rt orclers Hard.varG lor rep·:II::e:-1e,t pam wiil be C€wt,fica'::& or pay en) ;I??1iG;¡Ib:e t<ilx';:$ di"",c'tly to furnisbød If spec::fJcaliy re<;uested ano noted on OJr OLGta:íon lOfm appropriate a~èncy. WQ propow her8wltr. to furmsh thi1 malQl'I:¡lc complQ~ In aooorc"~~ Wit" the aoove flpecJ1ioåt.Of\s. To expedile your o"dor plêacl.' rg,tum 0"1111 sigotd Qópy of the pr:>posa' - -ktÁ-~__ ~]Qng wíth 11 oom.:>lelely f."Cod out Crodit AppIicalion, aI'Id " Qh,oI<.1"r t'1l;i reQuired Deþo)si¡ PIllut indicate "Ship to' a!1d "8111 to' addf9'$~ with names a,d pno~e numbefS 01 personJ¡ to whose atlentlon~h pplr'lg ¡¡¡rid bUling '/'101.)10 be ;,r;¡,a:eo, '.'fõ ahal: be ple8at!ld Authcnz.~ S'gnaroJ'''' 10 $UPPY any Ii.ll'tr.l;lr Infor'11atll;m Y:;>\,J rTNI)I desire ar.c: :rJ!r. thíot yo..: wi!' ~¡¡..,or us 'Hilh yc>ur Ot'Clel, whIch will rece,ve¡ our p"Qmpt and Cilrei\,J1 at:entlor·, ACCEPTANCE 0= PROPO$A:. TP1e above p';~e~, .!òo~~foca!,on!i and oOt"lCli1;ons ME! &a\¡'~fac;:Ory and lire horeb)' IIccept¡;¡é. You an. authoriZ6C to do the work as sp,,(;Ìf,¡d PaYTlin! w'lI Oe made as ovti'ned aoo"e. Aut,onzed S'gnsture OllIe FROM : PHO~~E ~IO. : 5168296416 Apr, 29 ;::005 01: 09AM P3 µag£ 2 of " :~~~d~.~~a ~a~'~!~~O~~4~3_1~9om~8~~y.OO'~ .. C:AX 718/526-·{ 1 ~ 0 Quotation D"~ 4/28/05 TO: Mr. Richard C. Haek:>. P.E. P.E: Project '12003-56 Phase I Environmental Services D1~Qctor 5us S~op Sh@l~ers City of Delray Beach 100 N¡; 1st Ave:\ue Delray. Beach. FL 33L44 dr.dp~,," . ___~ 1"""""00 !';~a:~""" i All s~elters will be shipped KD as (3) preglazeå wall ?ánels L + (1) factory aeeembled Roof¡racia assembly - for ease of ha:\d ~g and fast on-site installation by your local =re~. We as ar. Altfnate '~ay be able to quote you prices for O~r lccal Flor~da contract, I to do the installation and possibly site work if ~eeded. It ~i1~ If take a fe~ more days to get thQG~ ?ricQ~ if you nead them. I All ~helter. .are shipped ~ith individual nlns~allation \t.ardw~:rQ I, Kits" anci we also furnis:t Ill:.Istrate.d Installation Ir_struction~" All sh~ltars faature roofs ~ith integral drip mcld1nss and ful j gu~tQ~S with we~p holes which will be :~càted on a cu&tom basi I as you wieh. Shelters with Light Fixtures w~ll be prewired. Al ~ ;;;helters will incorpc-rate espeeia:ly deep "Un c:onnQctors and u~- t gr4ded and additional ha~d.8re to meè~ yout local code require~ent3. I Spe~ific Engineering Computations with signed sealed drewir.gs 1y ! a l1c~nsed Florid~ rngineer will add + $ 750.00 to above quote ' prices. Lii!ht Fixtures aI'S complete except for fluorescent bul s which e,re :lot include.d. We may t)e able to fu~r.ieh your signage. if i ! <li~ cut l~tt:ering - this will be at a nominal a.dditional cost. : Shipping will be via closed line... produ¢t:"-CY?Q vanG - S GhalhJG i ¡ per truckload. Price~ include ¿elivery but do not include any 4axes:_~ i T=RM~ ~ CONOITIONS. 1. Went aha' not beg:'1 IIl'IlIt 'ecelp! 01 a .igrl'ilO Out'¢~.e 01(1111 6. p(-e~Q are tj'm lor" _ _ -='-º--_ _ _ d&f8. 2 A~ ordor. ore tluo¡ecl 10 credi1 approval. Cu_nl crodlt tr¡'o,mal:o'l ml.lSt be ,vbmillel1 1'1;1" o'der, l'Ich.Jcl1nel!-à narrllS, 8ddresses, phonll 7 D9!eJer¡ shall be 7 í'- 15Q cays a~e; rece.:;!t of crder. 'lumber, and "."eet'\s to C'='I"t'~t, for bank, bO'1ól/'Ig company ..n.:l 01 receipt of a:J;:>roved sh::lp-dwgs (whk:.~a..e,- is laler) '...c c:>mmerC:'I" r,lsrer-cee. ~ 3. Prices qlloh,d "0 not 1'1~'ljde any laxg¡;¡ AI', all apphoa::rtõ ¡;lXIi. a,,~ a. Ali pw;es ara F.::J.3 Delra.v Beach, .t'L t"ø rssponsibilitv Q~ 1'15 BJ¡l9'. 04, Vf1le,= c'he"";.. ..Ie:ed. &1 "'I~.SI ¡¡!'Ii ¡: 0 B factory, Ja'"l'8i~, \I y, S F'a:yme.l: ter'TIs a-a as lol!owÇ: Net 3(1 days and d(> l'I"t Inclne deli",!)', 0' ora~li9 Ct,"'9.~' Add 11:)% IC! r)~~ w/pt'('¡&~e65 pa.yments elY104.ll1t f()r 8t1'pr"e,..~ roqUlrlng speç,sl !)o:u-.g O' crating G Pri~.. il'l:J'lIdQ 311 '"sI3I1aI10n t1ärdwarQ a~d r.~rucü:n!'!. except 'Or rop1aC4/T".ef"t par1 orders Hardware ler 'eplac9ma/\t ~a'1S wIJ te f,,'ni~./'1ecj Ir ~p.¢if>o.Uy roqur.Jlltoó IIn(1 nollldOn our Q'.J::Itation ferm, WI propose h,'ewit., 1<:: fUIr'>;ðh !'e i'T'st,,',s¡e c:omp'-IO If, accordance WI~ Ine. I\OO\I\> epeoi!ioationa To e~".djt. YQUr older P'''''''$t> rolt.Jl"1 an. Rig""'::! copy of IIw þt'opOtõal o\IO"Q w,!" II !:ample1el~ fj['lId CII..' CrlKlíl AppllcaIJo". af"C "CI':ecl( fa tne reQuired D8po&" -----'.~ ~ ""..De )"dlœ""", "~h)D to" .fl~ ".~n tc" ad;"...... wi'''' ....'"... .-nd ~"'D n1.ombor. Qf ~ T PHEION! '0 wr.oae attention sh!pptng ;¡on::! blUIng should (:e dírft(:ted. Wè she¡ :¡e plaas,;d ¡Io'.1h~'/;~"'oJ $i;:¡r",'-'tu.!!. ~ 10 &Upply any furtn.· ir,forl\"SI.cn you may 06$1'6 Bnd U"..JSI Ihat you w;U favor ~s w;Ill your order. .,,1'lel, wJJl rscelve our prol''101 and careful a!!efIl~ ~ ^CCI!P'T'ANCI: OF PROPOS,"!..: The a;:¡ov£, p""os, i.Jp.,)ìf;c:a:I"". and oo.,di:,,,,,tõ ...rE' ~~t.$f"(;to:Ì' ard a'. hã''¡OV IICC.pt8'~ Yo~ õII'¢ J<.JI~O"t.d \0 dG¡ '''Ieo wO!k es SP0:;:Jtl~d. Pøymett wi1l be ,.,adll ~$ Ol.itllneÒ 8bcve, Autho'IZðd SlgntlLl'1I Date FROM : PHOHE t--iO. : :. 16829641 E, F->pr. 29 2005 01:09AM P¿ Columbia Equipment Company inc. 180-10 93rd Ave. Jamaica. New York 1143:3·1499 718¡658~5900 TERMS AND CONDITIONS OF SALE Untliil6l QtI'1elwlsê agrHc! to in writing. aI! proposals, quotations and sales, i!II'e made uPQn the follQwing t~rms and conditiçm$. No modfìa8tlor'le, changes:, additions, celetions or $uspensions w;11 be binding upon COLUMBIA EQUIPMENT CO , INC. hereinafter referred to at! ~COlUMBIA~. Any ordel'$ ~pted by COI.UMBIA are conditIOned l.lpon the follmloinç terms and COnditions Of sale' Order AœeptanCê and Delllt'8ri 1. When accepted by COLUMBIA. orders become binding contràcts and BI'1Y ohange$ and/or cancallations are subject to cI'Iarges for costs Incurréd. 2. (a! AU d(lll\l~ dares are subject to poatponcn¡ent or delay du'i to causes beyond the çontrol of COLUMBiA (b) COLUMBIA shall not be liable lOt any damages Tesuitlng from dela)' in delivery due 10 such cause~, and. (c) COLUMBIA will use its best 1tfforts to meet òeli""ry $Chedut&s. 3. De!lvery dates Indicated in confirmation of order are approximate only and shall not subjlm COLUMBIA to a"y economic !ìability for faill.lrll to meet the appM)(male shipping schedule. 4. Title of materials $Oid shaH pass IQ :tie buyer on delivery to comn10n carner at point of shipment. However, COLUMBIA shall retain a lien for payment on the malerlals so sold, until tlV! )uroh9Se pnce has been paid Ìf1fu~ 5. Bac~ o~ders lor ma~er¡1:1I omitted from th~ original shipment bQcaus8 of shortage of s1oc1i: or o1h9l' condlUons ~yond our conlrol, sha~ be on the same terms ð.nd conchtions of seale as If Included 'n the onginal ehipme,.,t. 6 COLUM91A assumes no liability for maleria!s that have been lost, dalT'aged or vMc!al'zed. or sI'1oriageg re~ortl;d after delivery acceptance by PUlch:ue". COLUMSIA shall not be liabe for damages sustained :sub$equen~ to the ins!allatkm of materials. 7. Completed orders ~ha~ are 'lot shípped at Purchaser's reqU!l5t, will be ~tored by COLUMBIA at no charge to Purchaser for a periOd nol tQ exceed 14 days, If, after 14 days, Purc!'Je$er os not will:ng to aooept the rrl,¡¡ltérial(S), CO~UMBIA háS the fight, at as option, to ct1arge the Purchaser storage charge'!> 3nti 5% of the contract amount for eacr ITIOnth mate"ìõll$ are 5tored at COLUMBIA prel'T1Ì6è$. Or to ~hip mate/"tðl 10 ;, :.ommerctal warehouse Ir whlct1later Instance the Purchaser is obligated to assume aH freight, handling, a'1d I!torsge rhalge¡,¡ ¡nclJrr~d, a~d any add,tl(Jr,al C!)$t$ or c"1arges wh'ch may occur as a dìr9ct result of Purchaser's refusal to accf!pt delivery. Storage charga'3 will be au,", and pé!yable at the same time payment for materia' is due IN NO ËVËNT, SHALL ~TORAGË CHARGES (IF MATE:FlIALS ARE STaRED AT COLUMBIA) BE LESS THAN $7500 PER MONTH a. II for MY 'eason, Purohaeer IS \,/n:;¡ble 10 accept dell'lE!ry 01 mal&rlal from COLUMBIA at the date the materia~ Is Intended fm s.'1lp'TIent, Purchaser ag~ees 10 pay (upol" re;;/¡upj of req;'¡Bst for )aymert Irom COLUMBIA) th~ outs'landing ba1ance due under :he contr..ct in five (5) equal, SI"ICCeSE've monthly payments (20% of1he oontract amo\Jr.t per Jr10nth Jntll payment in full IS rr.ade.) In the ~er,tthatth;¡¡ Purchaser requests deliverv d'.Jrlng this 5 month period. then, in such e\¡en~, Purcl".aser ehs!: pay t'"11i1 then o.Jtstand;ng Daiance Ì1'\ fu.1 prior 10 dflilvery together wIth storage charges as set tort'" in Caragraph #7 above 9. The Terms & Conditiona of thíB Prioe Quotatlor: supersedes ail other terms and cond't'ons. Payment 1. Terrrns of $ale are ðS stated on tl'le re...er51i1 ¡ide of this page. 1;'1 :'\0 CEI&e st'1a11 BUYQr maklil fUll and/or fin¡J.f payment latlilt than 30 days 'rorr date of delivery of matilrials ordered from COLUMS!A, Buyer agr~e$ to make full payment within 30 days 0' less, in accordance with the above and rhe payme'1t terms :stated on the rEI'lil!lr1;e side of thiS sheet. 2. B~yer agrees nol to withhOld any Ae1a1nage from Payments due to COLUMBIA. 3. Buyer's oblJgalion to make paymonts: to COLUMBIA Is¡ not subject to third F'arty tern-.s 4. C,O.D. Payments mvst bIiI made by Cartifled Check only. 5. COlUM91A resel'lles the rigi'l! to charge 1 'iA;'!'. p~r rr>onth intarQ&t on .all past due accoul"Is. Claims 1" Buyer shall immediately oheclo. all I'IIater¡aIG on receipt; and damagas, delects. shortages or Improper characler or materla~ ~hall be reported to COl.UM6IA Î'1 writing withir1 5 days of rp-oelpt of said materials. Failurs to ~o not:1V .hall constitute a waiver 01 any claim against COLUMBIA for such conditions. Retumed Materials ,. Relurned materia!! shall not be acc&pted u'Iless previously al.lthori¡¡ed in wflting by COLUMBIA and materia! is returned In good condition properlV packaged, and accompanied by origi'1t\l Shipping List and Sill of Lading and copy d writtli'n auth:>rlzatìon by COLUMBIA lor rEltu'n of materials. 2. Returned rnateria: st';al! be $ubject ~o inspect'on by COl UMBIA. CredIt for saleable matenal ¡;haJl be allowed at the Invoiced price less a 15% mi'limum hl!lnd~ng and restockIng charge :3 Transport~tion coat on relume<1 materials shall be pr5paid in full by the Buyer ------ "'. .~. I " ; +-- *- . ! r-------~-..., i I -~f I , I I "] I "'\~ I , r.. I &~~~ I I f-Io....:>ÞO"- I i "D CD .. I ( Ii t-'. (':) 0; 1 I g,..o ::r ¡: () ~~ 0. t-'..... I \ " (\.., I :II: 'i r. ~~ I rr. ~ ~ ) I ¡ CD 1': t ~ ';3 s - I ,... ", I ß\t,~ C\. 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'1jð E: 3: >'dttil r+-;:: ¡¡) If : ~ c:JFf! :: ~ ! : (1 I::jt-' . .... r ¡ 0 3:.... ~ o ~,' ~~ ~ ,,~' 3.....';"" =. o I ~~ - '" -0 ·0 0 :c ~......- &f OJ gO ¡::; 1 [ ~ ,>;f v> é -- w 9d W~Tt:10 SØ0è 6è .~~ 9tt?96è891S : 'ON 3NOHd : WOèJ.::I ~--- --- AGENDA ITEM NUMBER: qE AGENDA REQUEST Date: April 29, 2005 Request to be placed on: ~ Regular Agenda Special Agenda Workshop Agenda When: May 3, 2005 Description of agenda item: Staff recommends Commission reject all bids for the Design!Build/lnstallation of 47 Bus Shelters. Two bids were received and are considered out of scale for the project and significantly in excess of project budget. Staff also requests direction From Commission regarding purchasing 47 shelters and installing them using a local contractor. Quotes and available funding data are provided ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO X Recommendation: Staff recommends Commission reject all bids for the bus shelter project. Department Head Signature: é 6i2C~d2 4. Z-f'. u5 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 X No Funding alternatives (if applicable): Account Number: Account Description: Prior Yr Surplus! General Fund Account Balance: City Manager Review: æ4 Approved for Agenda: @ No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # AGENDA ITEM NUMBER: o/( £ITY DF DELIRY BER[H vi1 DElRA Y BEACH f , 0 I I [) A td.b:II 100 N W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 561/243-7000 AII·America City , III I! MEMORANDUM 1993 2001 TO: David T. Harden, City Manager FROM: fÞ Robert A. Barcinski, Assistant City Manager DATE: April 27, 2005 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING May 3, 2005/ Request for Funding Atlantic High School ACTION City Commission is requested to consider approval of a request received from Kathleen Weigel to subsidize the athletic insurance fee for 100 students. Funding is available in account 001-1111-511-48.10. BACK6ROUND Attached is an e-mail request from Kathleen Weigel, Principal of Atlantic High School requesting the City to provide a $30.00 scholarship to subsidize athletic insurance costs for 100 students. The full cost per student is $50.00. Total request is $3.000.00 and funding is available in City Commission Special Event account. The balance in this account is $6,375.00. RECOMMENDATION Staff recommends approval of this request with funding to come from account 001-1111- 511-48.10. * Ponted on Recycled Paper THE EFFORT ALWAYS MATTERS 9F Message Page I of2 Barcinski, Robert ~-~-----~---- -_._-~_.. ____ ~__ ~_~._ ___d_ __~ _ ___ From: Harden, David Sent: Wednesday, April 27, 2005 10:03 AM To: Kucmerowski, Carolanne, Barclnski, Robert Subject: FW' student Insurance fee Importance: Low Please add this to the agenda for 5/3 Bob, please develop an agenda package -----Original Message----- From: Jon Levinson [mailto:jonlev@bellsouth.net] Sent: Wednesday, April 27, 20059:16 AM To: Harden, David Cc: 'Ms. Kathleen Weigel' Subject: FW: student insurance fee Importance: Low David, can we put this on the agenda for 5/3? Can someone contact Kathy for necessary Info for action? Thanks Best, Jon JonLev@Bellsouth.net 561-243-2690 office 561-243-9242 fax 561-212-2799 cell www MyDelrayBeach com www Jon Levinson com -----Orlginal Message----- From: Kathleen Weigel Sent 4/26/20059:46 PM To' Jonlev@bellsouth net Subject: student Insurance fee Jon, At our SAC meeting tOnight, I was asked to write this e mall as a formal request for assistance from the city. We have a approximately 100 A TL student athletes who are unable to afford the athletic Insurance fee of $50 00 Is It possible for the city to provide partial scholarships of $30.00 for our 100 children? Any assIstance which you can give us will be greatly appreciated I 4/27/2005 C I TV A TT 0 R tŒ V .. Cl ty Hall ~1111:::/"115 11')/11:)/:::1111') 111 :::11 FAX ')61:::7047')') PILGRIM BELLE CRUISES, LLC 801 E Atlantic AvenUe PO Box 1038 Veteran's Park Mayflower II, State Pier Delray Beach, Fl... 33483 Plymouth, MA 0236 561.243.0686 508.747.3434 FAX DATE: 05.03.05 TO: Susan Ruby FROM; Joe R~:ardon RE: Pilgrim Belle Lease Amendment PAGES: 4 inc. cover Hi Susan- Attached is my letter to the city commissioners, for tonight's meeting. If you h.ave any questions, please feel free to contact me at 508.989.1783. Thank You, Joe Reardon AÓ~~;~\ ~i'Nc'-\~ ~ ~ q G- --~- CITY ATTORUEV .. Cl tv HÜl ~11I1:::/IIII'5 11')/11:::/:::11115 111 ::: 1 FAX 581:::7047')') - PIL6RIM BELLE CRUISES 801 East Atlantic Avenue Veteran' sPark Delray Beach. FL 33483 Ph: 561.243.0686 May 2, 2005 City Commission Delray Beach, FI.. Dear Members o:f the Commission, I wanted to fax along a quick note regarding the item at this Tuesday's meeting that pertains to my operation at Veterans Park. Unfortunately I am not able to attend a~ I have just delivered our vessel back to Massachusetts this weekend. At the advice of the assistant city attorney, Brian Shutt, I arn sending along this note to answer any questions any of the members of t.he commíssion may have regarding .rny request to pay my lease year-round, even though I will not be in operation at Veteran's Park for the next few monÙ1.s. As you may have read in my orlginalletter to the city last month, there are several very i mponant reasons lor this request. I wíl1 not take up your valuable tùne rehashing those reasons; I will only summarize them all with the follo-v,ring. In two very short seasons, we have turned the cruise attra.ction at Veteran's Park into a major draw to the area, attracting people who will shop in local stoJ'es, eat at local restaurants, and in the case of evening charters where passengers travel from a distance, stay at local hotels. My wife Kel'1'Y and I have worked dlligently to fit th.îg attraction into this community that '\V'e so greatly adore. We have overcome negative perception people ha.d about the intracostal cruise companies that operated in recen t years before us. CITY A TT 0 R t~ E Y .. G1 ty Hall ~ 11114/11115 1I')/II:J/:::IIII£j 111 ::: 1 FAX ')81:::7047£J5 Running unrelia.ble schedules on less than clean vessels is not what the residents and visitors to Delray Beach deserve. We have kept our attraction very affordable, entertaining, and something that the city and its residents can be proud of. We have too many repeat passengers to number, so tna.I1Y in fact that we started a. "Frequent Sailor" discount for our regular customers who sail with us each time they have new guests in town.. We hav,~ donated hundreds of tickets to loçaJ charities, auctions, and fun draisezos , contributed to the 100' Christmas tree, joined the local chamber, the Joint Venture, and countless other organizations aimed at promoting touri~,m in the area. Our passenger counts that are mmed into the finance department on a monthly basis show a rapid increase in rider ship from our fIrst year, and a large increase ~ver the operators here before us. Although this progress is satisfying, perhaps what we are most proud of *15 what has taken place with our "Floatir: g Classroom.ll program. As I stood before you t\Vo years ago to explaìn why I net-oded a second vessel a.t Veteran's Park and spoke of an educational program unlike any in the area, the Commission had to be willing to takE: a tittle bit of a gamble to allow it. The program. wa~~ just featured on front of the "Local" section of the Su.nday Sun-Sentinel on April 17tb. The Educational Coordinator at the Gumbo Limbo Nature Cc~nter in Boca Raton, John Hargiss, and myself have developed a curriculum geared to the Florida eco-system. The response was so great that we had to turn schools away until the fall. According to Mr. Hargi.ss, who is also a. professor at FSU and a past "Science Teacher of The Yea;¡;" in Florida, we ha\>"e just ecratçhed the su,rface on what we feel is going to be part of many area school science progl'B.n1s. I have taken out hundreds of underprivileged students, fre~ of charge) including Delray Parks and Recreation's Out of School program. I have operated whale watch excursions in Massachusetts for over 20 years and have canied students from allover the world. I feel strongly that the educational valU(~ of the program we run in De1ray Beach has the kind of potential that whale watching had when it started in the 1970's. The result of all of thís is the reason for my request. I can't have what we have started jeopardized by a part-time operator in here for a few months. One bad experience, one accident, and two years of building a -- CITY ,~TT 0 R tŒ Y .. C1 ty H,ül I¡t IIII~!"":O ,,')/":i/~IIII'5 1 II 8~ F jl\X ')81:::7047')') ;, reputation and relationship within the community will be gone. AS I stated in my previous letter. I will pay the full amount of the lease while rm away this summer. When I return in the fall, I will begin operating in Delray Beach on a year-round basis. I feel the community can use the attraction year-round and I think that the business will. be here to support it. J thank you all fbr the guidance you have given us and for making us feel so welcome here. I look forward to a long, positive relationship with thrs community and T sincerely wish to make our attraction at Veteran's Park one that Delray lBeach can be proud of. Sincerely, Joe Reardon Pilgrim Belle Cruises -- ô!; " øV\ . [ITY DF DELRRY BER[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444 TELEPHONE 561/243-7090' FACSIMILE 561/278-4755 DELRA Y BEACH Writer's Direct Line: 561/243-7091 F l 0 . I D " ... AJl.Amerlca City ~II~ MEMORANDUM DATE: April 18, 2005 TO: City Commission David Harden, City Manager ~.....~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Amendment to the Pilqrim Belle Aqreement The City leases dock space to Pilgrim Belle Cruises to allow Pilgrim Belle to operate a charter cruise business from Veteran's Park. Pursuant to the terms of the agreement, Pilgrim Belle may vacate the dock area from June 1 st to September 15th of each year. If Pilgrim Belle vacates the dock area for this time period, the City is allowed to lease the dock space to another charter company during this time. Joe Reardon, President of Pilgrim Bell Cruises, has requested that the agreement be amended to provide that he will still be allowed to vacate the dock area during this time period, but, that he has the option to continue to pay the monthly rent. If he continues to pay the monthly rent the City will not be allowed to lease out his dock space to another charter boat cruise business. Mr. Reardon is concerned that if the City leases out his space to another company over the summer months that it will have an adverse impact on the reputation of Pilgrim Belle Cruises. (See attached letter). Our office requests that this item be placed on the May 3, 2005 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Joe Weldon, Director of Parks and Recreation <4G · Pilgrim Belle Cruises 801 East Atlantic Ave. Delray Beach, FL. 33483 March 29, 2005 City Of Delray Beach City Attorney's Office Attn: Brian Shutt 200NW 1st Ave. Delray Beach, FL 33444 Dear Mr. Shutt, Per our phone conversation the other day, I am writing this letter at your request to inform you of my intentions to continue paying my full lease payment for dockage at 801 East Atlantic Avenue. As I mentioned in our conversation, I am in the process of purchasing a vessel that will operate in Delray Beach year-round. In the two short seasons that we have operated here, we have seen a steady increase in business and more importantly, repeat business. I feel very strongly that we have overcome the shortfalls of our predecessors that offered cruises at Veteran's Park which left many residents, business', and visitors with a poor impression of the sightseeing cruise in Delray Beach. Due to the amount of time and money I have invested in this process, I would like to keep that reputation in tact by keeping the dock space :tree from a part-time operator who, in three months, could undo what has taken me two years to build. I have no problem paying the full lease amount through this period to ensure that the City of Delray Beach has the type of cruise business that it deserves. The nature of the small passenger boat industry is that there are many operators in it for the short hall, to make as much money in as short a period of time as possible, and then get out before there reputation catches up with them. I am fully aware that this is not the place to do that and I am not that kind of an operator. I see the need for year-round service here and that will begin this fall when I return. It is of my deepest concern that an outsider, who has seen the kind of business we have started here, doesn't upset what is a first-class tourist operation in the making. I currently know of two operators who are going to approach the city of Delray Beach this summer. Rockamore Cruises out of Deerfield Beach who are in the process of going out of business and have run one year from Veteran's Park several years ago and were asked to leave. The other is Catamaran Cruising Co. of Boca which is run by a past employee of mine named Matt Trask. Mr. Trask is the type of operator I spoke of earlier. He left under good terms when I departed last spring, went to work for Rockomore and ~ . basically gave them everything I do. He was fIred and started his own company using what he has learned :fÌ'om others and myself. He currently has no vessel, just the idea that he can make a lot of money and retire in a couple of years. Working in this industry for over 20 years, I can assure you that is not possible and he's the only one I've come across who thinks it is. These two operators have already asked people in my company for specifIc fInancial fIgures, passenger counts, and client contact infonnation. Knowing the type of operators they are, my clients would never come back to Delray again. I am sure to people not familiar with the cruise industry this sounds petty, however it is the reality of the business that unfortunately I have to live with. I would appreciate anything you can do to ensure that the reputation I have built remains intact until I return for year-round operation in October. I have also spoken to Mr. Weldon at the Parks Department regarding repairs and updating to pilings and dock cleats on the seawall where I lease space. I told him I would pay for all repairs myself and would have work done over the summer so as not to interfere with the busy season. Thank you for your help in this matter. Sincerely, Joe Reardon Pilgrim Belle Cruises (561)243-0686 Cc. Barbara Turner Finance Department. AMENDMENT NO.1 TO THE LICENSE AGREEMENT WITH PILGRIM BELLE CRUISES, L.L.C. DATED OCTOBER 13, 2003 THIS AMENDMENT NO. 1 to the License Agreement dated October 13, 2003 is entered into this i Y day of .4;/1 i ,2005, by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation ("City") and PILGRIM BELLE CRUISES L.L.C. ("Licensee"). WITNESSETH: WHEREAS, the License Agreement dated October 13, 2003 between the parties, is amended to allow the Pilgrim Belle to continue to pay the monthly fee, if it so chooses, for the time period between June 1 and September 15 even though the boat may not be using the dock in order to prevent the City ITom leasing out the dock space that is currently occupied by the Pilgrim Belle. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and the good and valuable consideration as provided for herein, the parties agree as follows: 1. Recitations. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Revision. Paragraph 14 of the Agreement is hereby modified as follows: 14. Minimum Davs of Operation: A. It is desired that the vessel be operated at least four (4) days a week ITom May 1 through January 19 and six (6) days a week during the period of January 20th through May 1st weather permitting, and excepting periods required for vacations, maintenance and general repair of the excursion vessel. Licensee shall give notice to the City Manager on any occasion when it is anticipated that the vessel will not be operated for five (5) consecutive days. B. The Licensee shall have the option to vacate the dock area ITom June I st through September 15th. If Licensee desires to vacate the dock area during that time, Licensee shall provide written notice to the City no later than April 1st. C. If the Licensee notifies the City of its decision to not operate from June 1st to September 15th, the City has the right to enter into license agreements with other excursion boat operators who desire to operate from Veteran's Park from June 1st through September 15th~ unless. Licensee provides that it will continue to pay the reauired monthly fee during this period. If Licensee continues to pay the reauired monthly fee then the City may not enter into other license agreements with excursion boats to allow them to operate from Licensee's dock area. 3. Full Force and Effect. All other terms and conditions of the License Agreement not expressly modified by this Amendment No. 1 thereto remain in full force and effect. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: By: City Clerk Jeff Perlman, Mayor Approved as to Form: By: City Attorney WITNESS: f!.'t.'V'~ (print or type name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2005 by , of , a corporation, on behalf of the corporation. He/She IS personally known to me/or has produced (as identification). Signature of Notary Public 2 ------ [ITY DF DELIA' BEA[H ~ CITY ATTORNEY'S OFFICE 2(1) '\i\\ lq;VE'\l~:' Df:.LR-'\.Y BEAO-l. FLORIDA 33444 I ELrpt/c)'\[ "f>I/2·L'~70l)(}· F--\CSI\IILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 f LOR J , D*d All-America City MEMORANDUM , III I! DATE: April 22, 2005 1993 TO: City Commission 2001 David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Appointment of Outside Counsel in the Stevens/Brown and Miller Claims/Cases Our office has received claims regarding the Paul Stevens and Antonio Brown matter and require the assistance of outside counsel. Our office also is expecting a claim on the Jerrod Miller case. At this time, we are requesting the appointment of Fred Gelston, Esq. for these cases. His rate is $110.00 per hour. Please place this item on the May 3, 2004 consent agenda. cc: Gene Montfort, Gallagher Bassett Services Fred Gelston, Esq. Cathy Kozol, Police Legal Advisor Frank Babin, Risk Manager Chevelle Nubin, City Clerk ~\\ ----- ---- - >' 01< . dJ1 [IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE 200 I\iW 1st AVENUE· DELRAY BEACH. FLORIDA 33444 TELEPHONE 561/243-7090· FACSIMILE 561/278-4755 DELRA Y BEACH Wnter's Direct Line: 561/243-7091 f LOt. I 0 ... b.ftd AJl.Amerlca City ~IIE MEMORANDUM DATE: April 22, 2005 TO: City Commission David Harden, City Manager - ~~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Termination of License AQreement with Worldwide Entertainment. Inc. On December 9, 2003 the City entered into a license agreement with Worldwide Entertainment, Inc. (WEI) granting WEI the exclusive use of the stadium for musical shows and concerts. The term of the license agreement was for a period of 3 years and WEI would provide a minimum of 5 events annually. From December 9, 2003 through December 9, 2004 WEI only provided one event. Based on WEl's failure to fulfill the obligations of the agreement this item is before you to consider termination of the agreement. Upon the execution of the agreement WEI provided a security deposit to the City in the amount of $50,000.00. I have been in contact with WEI representatives and their position is that the security deposit was to be forfeited only in the event that they failed to make a required payment to the City regarding an event. They are requesting the return of the security deposit if the City terminates the agreement. The language in question is as follows: Licensee shall deposit with the City, upon the effective date of this Agreement, security in the amount of Fifty Thousand ($50,000.00) Dollars. The security shall be in cash or a certified or cashier's check payable to City or a bond executed by a surety or sureties approved by City, naming Licensee as principal and City as obligee. The security shall be conditioned upon the faithful performance by Licensee of all of the terms of this Agreement and may be also utilized to refund ticket sales for Events which do not occur, and for which Licensee has not refunded ticket prices within thirty (30) calendar days from the date of the originally 9:1: -~ -- ~ . scheduled Event, and such portion as may be due shall be returned to Licensee only upon the satisfactory performance of each and every obligation set forth herein after termination of this Agreement. If such security is not received 30 days after the execution of this Agreement, the City, in its sole discretion, may terminate this Agreement. The security deposit was conditioned upon the faithful performance of WEI of all of the terms of the agreement. It is staff's position that if this agreement is terminated the City shall retain the full security deposit. Our office requests that this item be placed on the May 3,2005 City Commission agenda. Please call if you have any questions. cc: Chevelle Nubin, City Clerk Robert Barcinski, Asst. City Manager Brahm Dubin 0/< z1ÞÎ [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444 TELEPHONE 5611243-7090· FACSIMILE 561/278-4755 DELRA Y BEACH Writer's Direct Line: 561/243-7091 F l 0 . I D A baaII AJl.Amerlca City ~1Ir, MEMORANDUM DATE: April 18, 2005 TO: City Commission David Harden, City Manager t\...r ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Proposal for Settlement in Levene v. City The City has received a Proposal for Settlement from the Plaintiff in the case of Howard and Carole Levene versus the City of Delray Beach. This case arises out of a trip and fall on the Colony Hotel front steps. The Plaintiff asserts that he fell in the area where the bottom step meets the sidewalk. The Plaintiff alleges the reason for his fall was a result of the last step not having the same height as the previous steps as well as the crowded condition of the steps and lack of appropriate safety measures by the hotel regarding the condition of the steps. The Plaintiff also sued the Colony Hotel. The Plaintiff sustained a broken ankle as a result of this accident. The Plaintiffs wife also has a consortium claim. The proposal for settlement filed by the Plaintiffs attorney is for $10,0000.00 for Howard Levene and $2,000.00 for Carole Levene, inclusive of fees and costs. Our recommendation is to deny the proposal for settlement for each person. Our office requests that this item be placed on the May 3, 2005 City Commission agenda. If you should have any questions, do not hesitate to contact me. cc: Chevelle Nubin, City Clerk Randal Krejcarek, City Engineer 9~ MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGERt01 SUBJECT: AGENDA I1EM # C\ k...- REGULAR MEETING OF MAY 03. 2005 APPOINTMENT TO THE EDUCATION BOARD DATE: APRIL 29, 2005 Mr. Troy Wheat has submitted his resignation from the Education Board creating a vacancy for a regular member with an unexpired term ending July 31, 2005. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individuals have submitted applications for consideration: Bradley Bradford Gerry F ranciosa Judith Griffith Jayne King Paul Seal Harold Van Arnem A check for code violations and/or municipal liens was conducted. None were found. Voter's registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4) for a regular member to serve an unexpired term ending July 31, 2005. Recommend appointment of one (1) regular member to the Education Board for an unexpired term ending July 31, 2005. P~U(f-~ B~t! RECEIVED bad NHlnerif:aCiIJ CITY OF DELRA Y BEACH FEB 2 2 2005 " II I! BOARD MEMBER APPLICATIOtClTY SLERK j-/d¿/1/~~r 1993 2001 Please e or riot the followin infonnation: 8-~~-C/T} 1. ~Name: o~ N~ cdf-< M_1S -rc....~ 2. Home Addr5T1-- Á--e FFN C3e( V ß c~cf- State Zip Code hS- S rz.. P-é 3 '3 erg] ~ 0£iden~~ Ave tFN Ci!y l3e.tZ.I- State Zip Code ll/v PL 3((g3 4. Principal Business Address: e- State Zip Code Z~5 S:E ~r{ .Â-ve l(v~ pL 3'3 'tK5 5. Home Phone: Business Phone: E-Mail Address: Fax: 2-71-43it.( 21L ;rc¡CZ( 272 'If,'i5 6. Are you a registered voter? Y-e5 ð -ect.c( 7. What Board(s) are you interested in serving? Please list in order of preference: E- <Ac a:i\._ 0 ÅJ __ 8. List all City Boards on which you are cun:endy se1Ving or have previously se1Ved: (please include dates) ) - - 5' , skills or knowledge which qualify y~to serve on this board: lease attach a brief resume) L ~ ~ c->e c...v Y'-l(c5' - (' ~ ÇAc =t~7;~<> 2 DATE I 'j Note: TIùs application will remain on file in the City Clerk's Office for a period of2 years from the date it was submitted It will be the applicant's responsibility to ensure that a current application is on file. SICnY~A1W\APPUCA"I1ON h~tL~- , Bradley J. Bradford, M.D., F.A.A.P. I CURRICULUM VITAE , , Name: Bradley John Bradford, M.D., F.AA.P. Address: 285 SE 5th Ave. Delray Beac~ FL 33483 Phone: 561-414-7098 (cell) 561-272-8991 (office) E Mail: manned 1 @bellsouth.net Present Positions: 200 I-Present Pediatrician! Palm Beach County Health Department J 2001- Present Medical Expert! Office of Hearing and Appeal! Social Sec ty Administration! Miami Florida and Pittsburgh, Pennsylvania 2004- Pediatrician, Pèdimics by the Sea, Delray Beac~ Florida Past Positions: 1987-2004 President, Uptown Pediatric Associates ; 1986-2004 Chairman, Department of Pediatrics, The Mercy Hospital of Pittsburgh Director, Pediatric Residency Program, Mercy Children's Medical Cen !er, Mercy Hospital of Pittsburgh 1988--2004 University Physician (Duquesne University and Carnegie Mellon University in Pittsburgh, P A) 1984-1986 Director, Ambulatory Pediatrics! Mercy Hospital of Pittsburgh 1978-1981 Clinical Assistant Professor of Pediatrics and Community Medicine at University of Pittsburgh School of Medicine and DirectorlMaternal and Clùld Health! Allegheny County HealthD~artmem~ittsburgh,P~ 1977-1978 Attending Pediatrician! Children's Hospital ofPhiladelplùa 1975-1977 PediatricianlNational Health Service CorpsINorth Philadelphia (Active Duty Military) Hospital Medical Staff Appointments 1979-2004 Children's Hospital of Pittsburgh Mercy Hospital of Pittsburgh Magee Women's Hospital 2004- present Bethesda Memorial Hospital (Boynton Beach, Florida) ] Bradley J. Bradford, MD., FA.A.P. 2 Prior Professional Society Roles 1996-2000 President, Pennsylvania Chapter, American Academy of Pediatrics 1996-2004 Chair, Mid-Atlantic Region, Association of Pediatric Program Directors 1998-2004 Member, AAP Grand Rounds, Editorial Board I 1999-2004 Quality Improvement Committee, Higbmark Blue Cross/Blue Shield, Pittsburgh 1999-2000 Member, Work Group on Medication Compliance, American Academy r Pediatrics 1999-2004 Member, Specialist Advisory Committee, Three Rivers Health Plans, I ., Monroeville, P A 1999-2004 Asthma Pathway Committee, Gateway Health Plan, Pittsburgh, P A 2000-2004 Past President, Pennsylvania Chapter, American Academy of Pediatrics 2001-2004 Member, InterPBIP Advisory Council, Hìghmark Blue Cross/Blue Shie d, Pittsburgh, P A Past Hospital Committee A~pointments 1984-2004 Chief, Division of General Pediatrics, Department of Pediatrics, e Mercy Hospital of Pittsburgh \ 1986-2004 Member, Medical Executive Committee, The Mercy Hospital of f Pittsburgh 1992-2004 Chainnan, Graduate Education Committee, The Mercy Hospital of Pittsburgh 1991-1999 Chainnan, Integrated Group Practice Steering Committee 1997-2004 Chainnan, Physician Hospital Organization, The Mercy Hospital of Pittsburgh 1997-2004 Member, Board of Trustees, The Pittsburgh Mercy Health System 1999-2004 Member, Editorial Board, Mercy Physician, The Mercy Hospital of Pittsburgh 1999-2004 Chairman, Mercy Primary Care Inc. Management Board, The Mercy Hospital of Pittsburgh 2001-2004 Member, Finance Committee, The Mercy Hospital of Pittsburgh Education 6/65- 6/68 B.S. (magna cum laude), Fordham University, New York, New York 9/68-6-72 M.D., University of Maryland School of Medicine, Baltimore, MD 7/72- 6/75 Internship and Residency, Department of Pediatrics, Georgeto University Medical Center, Washington, D.C. ) Honors and Awards · . Bradley J. Bradford, M.D., FAA.P. 3 1985 Sister Ellen Lawlor A ward for Spirituality and Visionary Leadership 1989 Citatio~ Pennsylvania Chapter, American Academy of Pediatrics 1994 Hippocratic Science Award, The Mercy Hospital of Pittsburgh 1995 Honored, Committee on School Health, American Academy ofPediatriGs 1998 Board, Association of Pediatric Program Directors I 1998 Recognitio~ Section of School Health, American Academy of Pediatric Specialtv Board Certification 1978 American Board of Pediatrics 1978 Fellow, American Academy of Pediatrics Licensure 1972 Maryland 1975 Pennsylvania 2000 Florida Academic and Hospital Appointments 2003-Present Clinical Professor of Pediatrics, Novasoutheastem University College of , ¡ Osteopathic Medicine 2001-Present Clinical Professor of Pediatrics, Thomas Jefferson University, Jeffers¡ n Medical College . 1975--77 Attending Pediatrician, St. Christopher's Hospital for Children, Philadelphia, P A PA 1977-78 Attending Pediatrician, Children's Hospital of Philadelphia, Philadelp , a, PA Professional Oœanization Memberships and Positions Allegheny County Medical Society American Medical Association Pittsburgh Pediatric Society American College Health Association American Public Health Association Ambulatory Pediatric Association - Fellow, American Academy of Pediatrics (Florida Chapter member) Society for Adolescent Medicine ) Research Grants Bradley J. Bradford, M.D., FAA.P. 4 Department of Health and Human Services, Bureau of Health Professions, Residen y Training in General Pediatrics, 1987-1990. Project Director: Bradley J. Bradford, M.D. Department of Health and Human Services, Bureau of Health Professions, Residency Training in General Pediatrics, 1990-1993. Project Director: Bradley J. Bradford, M. Mercy Foundation Grant, Immunization Tracking Project, 1992. Project Director: Bradley J. Bradford, M.D. Heinz Foundation Grant, A Better Start, 1992. Project Director: Bradley J. Bradford, M.D. Clùldren's Trust Fund Grant, Family Support Project, 1992. Project Director: Bradley!T. Bradford, M.D. Department of Health and Human Services, Bureau of Health Professions, Residency Training in General Pediatrics, 1993-1996. Project Director: Bradley J. Bradford, M.D. Care for the Poor Grant, Mercy Pediatric Jubliee Project, 1993. Project Director: Bradley J. Bradford, M.D. Care for the Poor Grant, Church-Based Alternative Program for At-Risk You~ 1993. . j Project Director: Bradley J. Bradford, M.D. Care for the Poor Grant, South Communities' Health Promotion and Education, 1993. Project Director: Bradley J. Bradfor<L M.D. Care for the Poor Grant, Child Abuse Program, 1993. Project Director: Bradley J. Bradford, M.D. Healthy Start Grant, Impacting Teen Pregnancy and Parenting: A High School Intervention Model, 1993. Project Director: Bradley J. Bradford, M.D. Healthy Start Grant, Impacting Adolescent Fathers: A High School Intervention Mod , 1993. Project Director: Bradley J. Bradford, M.D. Healthy Start Grant, Tobacco - NOT!, 1993. Project Director: Bradley J. Bradford, M D. School Health in Residency Education, 1993. Principal Investigator: Bradley J. Bradford, M.D. Impact of Family Medical Leave Act on Residency Training, 1994. Principle Investigator: Bradley J. Bradford, M.D. I Rotavirus Vaccine Multi-Site Clinical Trials, Wyeth Ayerst, 1994. Principle . Bradley J. Bradford, MD-, FA.A.P. 5 Investigator: Bradley Bradley J. Bradford, M.D. Extra Mile Health Partnership, Primary Care and Related Mental Health Services and Support, 1994. Project Director: Bradley J. Bradford, M.D. Extra Mile Education Foundation, First Steps Grant, 1994. Project Director: Bradley Bradford, M.D. Female Pediatricians, Retrospective Perceptions of Stress in Residency Related to Pregnancy and Family Issues, 1995. Principle Investigator: Bradley J. Bradford, M.D Foundation Grant: Enhanced Screening Tool to Detect Risk of Lead Poisoning, 1995. Principle Investigator: Bradley J. Bradford, M.D. Grable Foundation Grant: Youth with a Future, 1995. Principle Investigator: Bradley . Bradford, M.D. Health and Human Services Office of Population Affairs Federal Grant: Adolescent Family Life Care Demonstration Project, 1995. Project Director: Bradley J. Bradford, M.D. Health and Human Services Office of Population Affairs Federal Grant: Adolescent Family Life Care Demonstration Project, 1996. Project Director: Bradley J. Bradford, M.D. ,J Department of Health and Human Services, Bureau of Health Professions, Residency Training in General Pediatrics, 1996-1999. Project Director: Bradley J. Bradford, M.D Funded: $357,226 An Examination of Graduates Evaluation of a Pediatric Residency Training Pro~ 1996. Project Director: Bradley J. Bradford, M.D. Funded: $6,000 Heinz Foundation Grant: Families Helping Families, 1996-1999. Project Director: Bradley J. Bradford, M.D. Funded: $331,000 Health and Human Services Office of Population Affairs Federal Grant: Adolescent Family Life Care Demonstration Project, 1997, 2nd or 3yrs. Project Director. Bradley J Bradford, M.D. Funded: $1.5 million Asthma Clinical Trial: Monoclamal Anti IgE Antibody E25 Genetech, Inc., 1997. Principle Investigator: Bradley J. Bradford, M.D. Funded: $2,000 Chronic Urticaria Clinical Trial: Hoechst Marion Roussel, 1997. Principle Investigator: ) Bradley J. Bradford, M.D. Funded: $2,000 Bradley J. Bradford. M.D., F.A.A.P. 6 Evaluation of a Collaborative Community-Based Model for Integrated Prevention Programming for Adolescents, 1998. Principle Investigator: Bra~ney J. Bradford, M.b. Funded: $15,000 School Health Training in Pediatric Residency Revisited, 1998. Principle Investigator: Bradley J. Bradford, M.D. 1 Assessing Appropriateness of Pediatric Admissions to an Urban Teaclñng Hospital, 19 8. Pñnciple Investigator: Bradley J. Bradford, M.D. 1 Pennsylvania Department of Health Grant: Abstinence Education and Related Servi les Program, 1998. Project Director: Bradley J. Bradford, M.D. Funded: $119,000/year for 5_ J Health and Human Services Office of Population Affairs Federal Grant: Adol . nt Family Life Care Demonstration Project:, 1999. Project Director: Bradley J. Bradfo~d, M.D. Funded: $2.3 million for 5 years Department of Health and Human Services, Bureau of Health Professions, Reside cy Training in General Pediatrics, 1999-2002. Project Director: Bradley J. Bradford, M D. Funded: $495,000 ) Robert Wood Johnson - Partnerslñps for. Quality Education - Residency Managed Care Education, 1999. Project Director: Bradley J. Bradford, M.D. Funded: $30,000 fot 2 ~~ I Education Mentoring, 1999. Project Director: Bradley J. Bradford, M.D. I Funded: $20,000 for 1 year Gladstone Prevention Programming, 1999. Project Director: Bradley J. Bradford, MD. . Funded: $14,000 for 3 years . McKeesport Prevention Programming, 1999. Project Director: Bradley J. Brad£ d, M.D. Funded: $14,000 for 3 years Fublications Bradford, BJ, Plo~ SA.: Cervical Adenitis Caused by Anaerobic Bacteria. Jo Pediatrics. 1976 Jun; 88(6): 1060. Bradford, B.: Maternal and Clñld Health: An Agenda for the 1980's. Proceedings of e ) University of Pittsburgh Social Work Institute, 1981. , Bradley J. Bradford. M.D., FA.A.P. 7 Bradford, 8.: Preschool Physical Evaluations. Journal of Pediatrics, 101: 1982. Bradford, 8.: Combatting Child Health Problems in the Public Sector. Urban Heålth 10:50, 1981. Bradford, BJ. Children's Health Promotion. American Journal of Public Health. 1989 Feb; 79(2):233. l Bradford, 8., Lyons, C.: The Preparticipation Sports Assessment in West m Pennsylvania. Journal of Adolescent health Care, 12:26-29, 1992. Bradford, 8.J. Immunization, a 1991 update. Part I. Journal of School Nurse. 1991 Oct: 7(3):28-37. Bradford, B.J. Immunization: a 1991 update. Part II. Journal of School Nurse. 1 91 Dec:7( 4): 18-20, 22-5. Poole, SR., Ushkow, MC, Nader, PR., Bradford, BJ, et.al. The Role of the Pediatrici~ in Abolislùng Corporal Punishment in Schools. Committee on School Health, Ameridan Academy of Pediatrics. Pediatrics. 1991 Ju1:88(1): 162-167. I I . Bradford, B.J.: Don't Let Our Youth Go Down Tobacco Road. Contemporary pediJ~S' ) 9(8): 96-113, August, 1992. _ Bradford, BJ. in conjunction with the Committee on School Health: Co iral Punishment in Schools. American Academy of Pediatrics, Policy Reference Guide: I A Comprehensive Guide to AAP Policy Statements Published Through December, IJl. 5th Edition, 103, 1992. Bradford, B.J. in conjunction with the Committee on School Health: School H th Assessments. American Academy of Pediatrics, Policy Reference Guide: I A Comprehensive Guide to AAP Policy Statements Through December, 1991. 5th Editi n, 665, 1992. Bradford, BJ, Lyons, CWo Adolescent Medicine Practice in Urban Pittsburgh - 19 O. Clinical Pediatrics. Aug:31(8):471-7. Bradford, BJ. Index of Suspicion. Case I. Acute Epiglottitis. Pediatrics in ReviJw. 1993 Jul:14(7)281-2. 1_ Bradford, B.I.: Resident Education in School Health: An Issue Whose Time Has Cole. Section on School Health, American Academy of Pediatrics, Pediatrics, VoL 92, No.3. pp. 496-498, September, 1993. -) ~ I ¡ j I I 1 Bradley J. Bradford, M.D., FA.A.P. ]S I I ! Sklaire, Martin, M.D., Black, Jeffrey, M.D., Bradford, Bradley J., M.D., De La Rok Jose M., M.D., Newton, Jerry, M.D., Yankus, Wayne, M.D.: Residency Training ahd Continuing Medical Education in School Health, Committee of the Section on SchJol Health 1992-93. Pediatrics, Vol. 92, No.3, pp. 495-496, September, 1993. I i , Bradford, BJ, Heald, P, Petrie, S. Health Services for Special Needs Children I in Pennsylvania Schools. Journal of School Health. 1994 Aug:64(6):258-60. , I Bradford, BJ, Benedum, KJ, Heald, P A. The Prenatal Pediatric Visit and pediatlïc Residency Training. Clinical Pediatrics. 1994 Nov:33(11)688-90. I Bradford, Bradley J., M.D.: Careers in College Health: A New Horizon for Pedia¥c Residents. Resident '95, Supplement to Contemporary Pediatrics, p. 18-23, Februa):y, 1995. I Bradford, BJ. Pediatric Residencies and the Family Medical Leave Act. .\ Amen¿an Medicine. 1995 Mar:70(3):175. I I Ho, L, Bradford, BJ. Index of Suspicion. Case 3. Diagnosis: Penumococcal Penumorlia. Pediatric in Review, Vol. 16, No.3, pp. 119, March, 1995. I Bradford, Bradley J., M.D.: Latch Key Children: A Parenting Challenge. The Almanfic, pg. 6, October 25, 1995. I ) i Bradford, Bradley J., M.D.: Observations of a Residency Director. Academic Medicine, . I VoL 70, No. 11, p. 953-54, November, 1995. I Bradford, BJ. School health in pediatric residency training: 1994. Arch Pediatri Adol~sc ! Med. 1996; 150:315-318. ¡ Bradford, Bradley J., M.D., DeSensi, ~lizabeth, MS, Grufferman, Seymour, M.b., Janosky, Janine E., Ph.D., Mieczkowski, Tammy AI, MA., Zimmerman, Richard F-' M.D., MPH,: Barriers to Measles and Pertussis Immunization: The Knowledge ànd Attitudes of Pennsylvania Primary Care Physicians. Ameñcan Journal of Preventive Medicine, Vol. 13, No.2, p. 89-97, March/April, 1997. I . I Zimmerman RK, Bradford BJ, Janosky JE, Mieczkowski TA, DeSensi E, GrufIermari S. Barriers to Measles and Pertussis Immunization: The Kn~wledge and Attitudes I of Pennsylvania Primary Care Physicians. Pediatrics 1997, 13,89-97. ' Bradford ro. Parental leave and pediatric residents. Arch Pediatric and Adol Jed, April 1999, 153(4):429-30.· I Bradford ro. Immunization Practices. American Journal of Pediatrics, October 191)9, . I VoL89, No. 10., p.1594-1595. . ) I I J I I I 1 ! I I 1 Bradley J. Bradford, M.D.. F.A.A.P. .9 DeOcampo A, Bradford BJ. Genital herpes and diabetic ketoacidosis: a patient repOrt. Clinical Pediatrics, November 1999,38(11):661-3. Bradford BJ, Hartung A. Index of suspicion: acute vertebral osteomyelitis. Pediatrics in Review, December 1999,20:423-426. Bradford BJ. Commentary on: Reducing TV and video use to prevent obesity. AAP Grand Rounds, January 2000, 3:3. ~ Bradford BJ, Mazzie-Lages DS. The status for school health in pediatñc residency training. Clinical Pediatrics. October 2000, 615-618. Abstracts Bradford, Bradley J: The Knowledge and Attitudes of Pennsylvania Primary C:µ-e Physicians Regarding Barriers to Childhood Immunizations. Abstract presented to 27th STFM Annual Spring Conference, Atlanta, GA., April/May, 1994. Paper Presentation _ Bradford, Bradley J: School Health in Pediatric Residency Training. Presented at the 1998 Pennsylvania Public Health Association Annual Conference, Philadelphia, j November 6, 1998. Invited Lectures Talk Entitled "Design of Ambulatory Experience in Residency Education", InnovatiO:ns in Medical Education Exhibits of the Association of American Medical Colleges, Washington, D.C., November, 1987. Talk Entitled "Design of Ambulatory Experience in Residency Education", Exhibit:in Northeast Group on Graduate Medical Education, Montreal, Canada, March, 1988. Talk Entitled "The Preparticipation Sports Assessment", American Academy :of Pediatrics, Section on School Health, New York, NY, May, 1988. Talk Entitled "Education in Adolescent Medicine in a Primary Care Pediatric Residency Setting", Innovations in Medical Education, Exhibits of the Association of Ameriê,an Medical Colleges, Chicago, IL. November, 1988. Talk Entitled "Health Promotion and Disease Prevention in the School", American Academy of Pediatrics, Section on School Health, Orlando, FL, March, 1989. ) Talk Entitled "Education in Adolescent Medicine in a Primary Care Pediatric Residency Bradley J. Bradford, M.D., F.A.A.P. 10 Setting" , Northeast Group on Graduate Medical Education, Providence, RI, April, 1989. Talk.Entitled "An Approach to the Febrile Infant", Continuing Medical Education, New Castle, P A, January, 1991. Talk Entitled "Evaluation of Child Abuse", Continuing Medical Education, Shenango Valley Medical Center, Sharon, PA, February, 1991. Talk Entitled "Evaluation of Child Abuse", Continuing Medical Education, Ohio Valley Hospital, Steubenville, PA, March, 1991. Talk Entitled "Sexually Transmitted Diseases", Continuing Medical Education, Ohio Valley General Hospital, McKees Rocks, PA, June, 1991. Talk Entitled "Use of College Health Service for Medical Education", Ambulatory Pediatric Association, Pittsburgh, P A 1991. Talk Entitled "School Health for the 1990's", National Education Association, Annual Meeting, Atlanta, GA, April, 1991. Talk Entitled "The Prenatal Pediatric Visit in Pediatric Residency Training", Association ) of American Medical Colleges, Washington, D.C., November, 1991. Talk Entitled "Prenatal Pediatric Visits: Implementation in a Pediatric Ambulatory Department by Pediatric Residents", Syracuse, NY, March, 1992. Talk Entitled "The Role of the Prenatal Visit in Pediatric Residency Training", Syracuse, NY, March, 1992. Talk Entitled "Prenatal Pediatric Visits: Implementation in a Pediatric Ambulatory Department by Pediatric Residents", Ambulatory Pediatric Association, Annual Meeting, Baltimore, MD, May, 1992. Talk Entitled "Tobacco Education for the Pediatrician", Indiana Hospital Continuing Medical Education, Indiana, P A, January, 1992. Talk Entitled "Physical Fitness for the Asthmatic Child", American Academy of Pediatrics, Section on School Heal~ New York, NY, April, 1992. Talk Entitled "Chronic lllness in the School", Pennsylvania Chapter of the American Academy of Pediatrics, Pittsburgh, PA, May, 1992. Talk Entitled "Child Abuse", Mercy Hospital of Pittsburgh, Emergency Conference, , Pittsburgh, PA, May, 1992. ¡ I Bradley J. Bradford, M.D.. F.A.A.P. 11 Talk Entitled "Computerized Educational Management for a Primary Care Training Program", SPRJAPA Annual Meeting, Baltimore, MD, 1992. Talk Entitled "College Health and the Pediatrician", American Academy of Pediatrics Annual Meeting, San Francisco, CA, October, 1992. Talk Entitled "Sexually Transmitted Diseases and Teenage Sexual Abstinence", WTAE- AM, Pittsburgh, PA, October, 1993: Talk Entitled "School Absence - The Reasons/Outcomes Studies", American Academy of Pediatrics, School Health Section Meeting. Washington, D.C., November, 1993. Talk Entitled "School Linked Clinics (Alternative Medical Care)", American Academy of Pediatrics, District III Meeting, Ft. Myers, FL, January, 1994. Talk Entitled "Kawasaki Disease", Conference, The Mercy Hospital of Pittsbur~ Pittsburgh, PA, January, 1994. Talk Entitled "Selected Topics", Conference, The Mercy Hospital of Pittsburgh, Pittsburgh, P A, March, 1994. Talk Entitled "The Present Known State of Pediatrics and Health Care Reform", Pediatric ) Grand Rounds. The Mercy Hospital ofPittsbur~ Pittsburgh, PA, May, 1994. Talk Entitled "School Health", Visiting Professor of Pediatrics at Dartmouth-Hitchcock Medical Center, May, 1994. Talk Entitled "Evaluation and Treatment of Hypertension", Conference, The Mercy Hospital ofPittsbur~ Pittsburgh, PA, June, 1994. Talk Entitled "Chronic Illness and School Health", Grand Rounds, The Mercy Hospital of -Pittsburgh, Pittsburgh, PA, August, 1994. Talk Entitled ttFluids and Electrolytes", Conference, The Mercy Hospital of Pittsburgh, Pittsburgh, PA, August, 1994. Talk Entitled "Back Pain in Children", Conference, The Mercy Hospital of Pittsburgh, Pittsburgh, PA, November, 1994. Talk Entitled "What the American Academy of Pediatrics Can Do for the Resident", Career Day, Pittsburgh, PA, November, 1994. Ta1k. Entitled "School Health", Grand Rounds, Washington Hospital, Washington, PA, 1994. ! Bradley J. Bradford, MD., F.A.A.P. 12 Talk Entitled "Nutrition for the Pediatric Patient", Grand Rounds, The Mercy Hospital of Pittsburgh, Pittsburgh, PA, 1994. Talk Entitled "Diseases and Medication", West Allegheny School District, January 16, 1995~ Talk Entitled "Case Management of College Students Use of Emergency Medicine", American College Health Association, 1995 Annual Meeting, Chicago, IL, May 26, 1995. Talk Entitled "The Advantages of the Community Teaching Hospital Pediatric Program", Third Annual Pediatric Residency Program Coordinators Workshop, Pittsburgh, P A, August 18, 1995. Talk Entitled "What Pediatric Residents Should Know About School Health", American Academy of Pediatrics Resident Section Annual Meeting, San Francisco, CA, October 14, 1995. Talk Entitled "Grandparenting: The New Age of Parenting", Women's Health Program, Monongahela Valley Hospital, Monongahela, PA, November 8, 1995. Talk Entitled "Building Collaborative Networks with School Health Services", Working Together for Healthy Children Conference, Hershey, P A, November 16, 1995. \ J Talk Entitled "The Future of Pediatrics", Grand Rounds, Allegheny General Hospital, Pittsburgh, PA November 17, 1995. Talk Entitled "School Health for the 21st Century", Grand Rounds, Allegheny General Hospital, Pittsburgh, PA, May 23, 1997. Talk Entitled "Conducting Your Training Session", American Academy of Pediatrics, Section on School Health, School Health Leadership Training. Conference, Atlanta, Georgia, Jun,e 6-8, 1997. Talk Entitled ItSchool Health for the 21st Century", Grand Rounds, The Mercy Hospital of Pittsburgh, Pittsburgh, PA, July 1, 1997. Talk Entitled ItPediatrics in the 21st Century", Brown Bag Discussion, Medical Students, University of Pittsburgh School of Medicine, Pittsbur~ PA, February 12, 1998. Talk Entitled "Dermatologic Manifestations of Infectious Disease", Physician Assistants Students, Duquesne University, Pittsburgh, P A, March 20, 1998. Tallè Entitled "Conducting Your Training Sešsion", American Academy of Piediatrics, Section on School Health, School Health Leadership Training Conference, Spring Session, Atlanta, GA, April, 1998. Bradley J. Bradford, M.D., F.A.A.P. 13 Talk Entitled "School Health for the 21st Century", School Health Symposium, Conemaugh Memorial Medical Center, Johnstown, P A, April, 1998. Talk "Entitled "American Academy of Pediatrics Resolution and Policy Issues", Grand Rounds, The Mercy Hospital of Pittsburgh, Pittsburgh, P A, April, 1998. Talk Entitled "School Health", Small Program Director's Workshop, Association of Pediatric Program Directors, New Orleans, LA, April, 1998. Talk Entitled ''National Child and Adolescent Health Training Initiatives: How to Make It Work in Your Chapter", American Academy of Pediatrics Annual Chapter Forum, LaSalle, Illinois, September, 1998. Talk Entitled "Failure to Thrive", Center for the Continuing Education in the Health Sciences and Primary Care Health Services, Inc., 2nd Annual Symposium Primary Care Through the Lifespan, Pittsburgh, October, 1998. Talk Entitled "Preparation for Certifying Examination, American Board of Pediatrics, " Association of Pediatric Program Directors Regional Meeting, Columbus, OH, January 29, 1999 Talk Entitled "Tools for Improving Health Supervision for Adolescents," National I Institute for Health Care Management, Washington, D.C., March 30, 1999 J Talk Entitled "Implementing School Health in Pediatric Residency Training Programs," Association of Pediatric Program Directors Annual Spñng Meeting, San Francisco, CA, April 29- May 1, 1999. Talk Entitled "Bicycle Safety," Allegheny County SafeKids Coalition, First Annual Legislative Breakfast, Pittsburgh. P A, May 14, 1999 Talk Entitled "Pediatric Issues," Medical Directors Meeting, Pittsburgh. PA, June 3, 1999 Talk Entitled "Advanced School Health," Co-sponsored by Mercy Children's Medical Center and AC-ACLDI An Assocation for Children & Adults with Learning Disabilities, Inc., Mercy Hospital of Pittsburgh. Pittsburgh, P A, June 10, 1999 . Talk Entitled "The American Academy of Pediatrics Task Force on the Future of Pediatric Education: Some Preliminary Considerations/' Grand Rounds, Department of Pediatrics, Mercy Hospital of Pittsburgh, Pittsburgh. P A, July 20, 1999 Talk "Entitled "Optimizing the Pediatric Office Visit," Panel Discussio~ Sponsored by Highmark, Pittsburgh Zoo, Pittsbur~ P A, August 8, 1999 ) ---------- Bradley J. Bradford, M.D., F.A.A.P. 14 Talk Entitled "Current Issues for the American Academy of Pediatrics", Grand Rounds, Department of Pediatrics, Mercy Hospital of Pittsburgh, December 21, 1999 Talk. Entitled "School Health for the Millennium: Current Issues", School Health Leadership Visiting Professor Program, University of Illinois, Chicago, IL, January 12, 2000 Talk Entitled "School Health for the Millennium: Current Issues", Séhool Health Leadership Visiting Professor Program, All Children's Hospital, St. Petersburg, FL, February 18,2000 Talk Entitled "Pediatric Residency Support for Pediatric Board Preparation: Myths and Reality", Association of Pediatric Program Directors Annual Spring Meeting, Boston, MA, May 12, 2000 Talk Entitled "What the American Academy of Pediatrics Can Do For You", PL-2 Career Day sponsored by the American Academy of Pediatrics, Pittsburgh, P A, October 4,2000 Talk Entitled "Collaboration: The School Health Key for the 21st Century", Annual School Nurse Conference, Keynote Address, sponsored by the Wisconsin Chapter of the American Academy of Pediatrics, Madison, WI, April 20, 2001 Talk Entitled "Infectious Disease rrom the Perspective of the School Nurse", Annual -- School Nurse Conference, Workshop, sponsored by the Wisconsin Chapter of the ) American Academy of Pediatrics, Madison, WI, April 20, 200 I 1 , =ReI'1 : GER-SHlI FA:': I to. : 56126b0746 Jun. 10 2003 09:~1 Pi 1W:~vv;, - -' 'ICE 11:0~ FAX 561 243 377t :: 11'Y CLERK 06/10·'03 ",Rf':~~ ~ CITY OF ~ELRAY BEACH BOARD MEMBER APPLICATION 1&93 2 01 1. Name )LL 2- 3. 4. Prindpal Busincu Adclres:J~ City State Zip Code l {¡ï2å~0; Busma. Phone; B-MAD Addren: @~L 6. ~ you ~ regiuercd Votct? If 110, where are you re¡p.s 7. , a-Á. dy scnoing Of have ptt"-o5owly ce2Tcd: (p¡~$e iødudc 'I ~L 10. List any rmtcd pro{e~$ÎoiU! ~cWons 2nd Jicènm wbiå1 You hold: 12. n..aibe apaict\Ccs. ski], Of knøwkd¡c 1dùcb IpDIify 1011 \'0 ~e on thk boud: (PIè.uc: auac:h a bàeí teS1Jtþ.e) Jm.Iaiù &cu .~ ...:) 2.pplia.åon 'Will remain 011 Se ia the Ot)' Oerk', Office a period of 2 YçUS £rom the date if Was sub . ~_ It vill be th~ applicant". .responsibility to e:naurc that . cmrcm: applicaùon is «llilr;. .-crTQ.IIIr.C~'I1Oh '¡ , //lJ ~/:J--~ RECEIVED JUN 1 :·1 2003 ~ITV CLERK ~ DELRAY BEACH RECEIVED . .. 0 III . . A tze:d MAR ? T:t Z005 M-A1nericaCi\y CITY OF DELRAY BEACH 'tllJ! BOARD MEMBER APPLICATION!. · ~t;'RK ;3/:;'4 or¡ 1993 2001 {l()~¿y' infonnation: M.I. ïiI 2. 3. 4. siness Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: b3 7 -;;J. 3b;;J. h3 7 -SX RS- 6. a registered voter? 7. ADvlS?.e EDUC 8. reviously served: (please include dates) \ 4p I 9. Educational qualifications: g /l Æ s;lei/¡:; LCJ 6 11. Give your present, or most- recent employer, and position: .:z: t!.ß Al-r¡2Ac 7B> S~(ICES ßS (~~ ð F- Úl& 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) , I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts co ed in this application ma ca forfeiture upon my part of any appointment I may receive. ~..1~ -20,J..s-- DATE ) te; TIús application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYCLERK\IIOARCMPPUCATION , BRIEF RESUJvŒ Judy Griffith 4817 South Lee Road Delray Beach, FL 33445 (561) 637-2362 My husband, Kent and 1, moved to Delray Beach in 199ì after beÏñg eäptivated by "Tne VilWro by the Sea" on a visit two years before. I enrolled in and completed the Master Gardener Program of tlIe Palm Beach County Extension Service. For the last six years I have provided hundreds of hours of volunteer service and maintained my certification each year through education credits. Currently, I volunteer at the Delray Beach Green Market each Saturday. . Î I am a member of League of Women Voters. I served on the Board of Directors and f served as memberslùp chair for the South Palm Beach County L WV for two years. I am a member of Progressive Residents ofDelray since September 2004. I completed the Residents Academy of the City of Delray Beach in April 2004. I have worked for the Supervisor of Elections in both county and municipal elections in both inspector and assistant clerk positions for several years. I am a singer with the Delray Beach Chorale and a member of the Galaxy Quartet, an a cappella singing group. I have sung with the F AU civic chorus, TIle Club Singers, and MusiGals. f.have stage credits in two productions of "Scrooge" with the Delray Beach Playhouse and performed with the "Young At Heart" acting group in the community. Currently, I am chair of Lee's Crossing Architectural Committee, the commW1Îty in wlûch we live. ) - £duccJo r ,. 9-I{-o:J OElRAY lEACH ........ ,~ CITY OF DELRAY BEACH ~neJ BOARD MEMBER APPLICATION 1993 2001 2 3. \ 7. ~ C) 8. - - 9. Educaåon2.1 qualificaåons: t t. Give your present, or mos recent employ . :') .' Note: This appliaåon will remain on file m the City Octk's years from th~ -date it was submitted. It will be the applicant's responsi~ty to cmureffla ~tf!pliaåon is ~T1ON CITY CLERK ì¡~5 OURAY BEACH Æ¿;/¿¡¡ß/ " c CJI . . .,. '" ***** mr CITY OF DELRAY BEACH BOARD MEMBER APPLICA~tR~\\IEO 1993 t-.PR 0 5 1.\\\\5 2001 information: -~"- 1. Name M.L E '-- 2. Home Address: ~ . City State ~ az 'lAv2J¿£ ~. FL 3. Legal Residence: City State M-E. 4. Principal Business Address: City State Zip Code 5. E-Mail Address: Cell Phone: Fax: v2 -311 /¿, SLJ ~htll.s{)v!t.A~ I 'lZZ 3Y5~ 1 If so, where are you registered? fio¡uiJA· 7. What Board(s) are you interested in serving? Please list in order of preference: ßBl'/C & It, 'E £:.S YéUJ77é>,J ¿HM/.s:s.i ,J £ðvcA770~ .&A£-D 8. List all City Boards on wlüch you are currendy serving or have previously served: (please include dates) jl/oME 9. Educational qualifications: /kIl1AN ¿G.6A tJUI!-c&S J1ßA. 10. List any related professional certifications and licenses which you hold: tJO ~/f=;SO ¿ ¿;/v 11. Give your present, or most recent employer, and position: 5úF E,v, lð ¿ ZJ 'd.£VIGJt/S ,En, Iö /Ù¿ dh"c£ J£ cr/ {~ if Þø,l fol'C( ¡ÿj"/ '-Á; ___ 12. Describe experiences, skills or knowledge wlúch qualify you to serve on this board: (please attach a brief resume) 'þv£Æ "'- )Ii? t1>A.5v II¢. "-' I- ~ Æl.r WðrÆ:. ~rC/ .LJ.¡"¿/f- . I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts rontúned in dUs applicarion ma caure foáeinne upon my part of any appointment I :;J;receiv<. d'JS SIGNATURE DATE Note: This application will remain on file in the City Oerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that à current application is on file. S'ClTYCLERKIBOARDIAPPLlCAnoN Paul A. Seal 4094 Maurice Drive Phone: (561) 722-3896 Delray Beach, FL 33445 Email: pseal@bellsouth.net EXPERIENCE Office Depot, Inc. 2001 - present A $12 billion dollar retailer of office supplies and equipment. ManaGer. RecruitinG and Workforce Diversitv · Developed company's first comprehensive diversity strategy, which encompassed the business case, organization structure, and initiatives around workforce and community. · Established and counseled an Executive Steering Committee that championed diversity initiatives and developed the gUidelines and structure for the formation of regional diversity councils. · Championed and closely monitored efforts to attract, retain and promote female and minority candidates. Developed recruiting and retention strategies for mid-management that increased diversity demographics by more than 15%. Additionally, diversity demographics at the executive level more than doubled for minorities and females due to executive involvement. · Revamped company's recruiting strategy, which encompassed workforce models that enabled OD to become more selective and proactive in their recruiting activities. · Successfully developed and implemented company-wide mentoring program and a diversity training inltlative for 42,000 employees (100% management and 97% employee participation/completion), developed, launched and managed a focused, multi-cultural and multi-lingual, initiative to train 6200 employees in Office Depot's distribution facilities. · Led workforce initiatives including: guidance and counsel to the company leaders to ensure diversity programs, practices and policies promote the inclusion of persons from all backgrounds, determining the appropriateness of diversity initiatives and fostering and maintaining productive relationships with external national, regional and local civic rights and minority development associations. · Developed and presented metrics to measure and monitor the effectiveness of recruiting and diversity initiatives. Florida Power It. Ught Company 1997-2001 An $8.3 billion utility company. Human Resources Consultant - EEO. AAP. Diversity and Recruitina (September 1997 through January 2001) · Responsible for corporate compliance with and communication of all Federal and State legislation, pertaining to personnel matters and employee relations issues. · Established and assisted with the development of the company's initial diversity strategy and initiatives. · Developed, implemented and maintained relationships with colleges and professional organizations to increase and enhance FPes ability to assess and attract candidates who possess excellent organizational skills, multi-tasking abilities and the ability to operate under time constraints. · Developed, Implemented and communicated Affinnative Action Plans to senior management, assisted in multiple OFCCP audits and assisted with the coordination and the dissemination of information geared toward a pending CMR, and developed strategy and implemented methodology to handle OFCCP's Compliance Surveys · Reengineered infrastructure for Minority Business Expansion Program which increased minority business expenditures over 260%, from $38 million to over $100 million in 2 years · Developed and communicated strategy for measuring the effectiveness of company's diversity initiatives_ · Developed and maintained Intranet site detailing the community and diversity related organizations in which company's employees volunteered time and/or donated funds · Established and maintained relationships with local civil rights and minority development associations. Elected to and held prominent positions on several key boards (i.e. Board Chair, Urban League of Palm Beach County) -~-_._~ Paul A. Seal Page 2 Pro Player Stadium 1994 - 1997 Managed the start-up of a centralized Human Resources function. Human R~sources Coordinator · Provided guidance to leadership in all functional HR areas, i.e. compensation and benefits, recruiting, training and development, and labor relations · Developed, administered and maintained: personnel policies and procedures, employee handbook, compensation program, performance evaluation program, affirmative action program and other records, reports, and logs to conform to EED regulations. · Recruited all exempt and non-exempt personnel, students, and temporary employees. · Handled employee relations counseling, outplacements counseling, exit interviewing, all personnel training and development activities. · Participated in developing departmental personnel goals, objectives, and systems. · Implemented an opinion survey to provide ongoing feedback for HR enhancements. · Developed and implemented performance management training for all management. Florida Marlins Baseball Limited 1992 - 1994 Office Services Coordinator · Responsible for all administrative staff and facility operations at several locations. · Supervised the maintenance and alteration of office areas and equipment. · Negotiated the purchase of office supplies and furniture, office equipment, etc. for the entire staff in accordance with company purchasing policies and budgetary restrictions. · Successfully led company's relocation and consolidation efforts · Implemented inventory control system that resulted in a 20% decrease in costs associated with office equipment and supplies. DG Robinson and Associates 1988 - 1992 Assistant Manaaer · Reduced absenteeism from 15.3% to 1.7% · Devised and initiated organization wide feedback process that increase customer satisfaction scores by 32"/Ó. · Negotiated and administered contracts with vendors that increased a savings of $10,000 quarterly. EDUCA nON Master of Business Administration Florida Atlantic University; Boca Raton, FL Bachelors of Business Administration Concentraäon: Human Resources Management Athens State College; Athens, AL PROFESSIONAL/CIVIC AFFIUATIONS and CE~TIfICATIONS Assistant Board Chair, Daughter of Zion Junior Academy, 2000 - present Board of Directors, United Way of Palm Beach County, 2000-2002 Board of Directors, Urban League of Palm Beach County, Chairman/President of the Board, 2000-2002 Society for Human Resources Management (SHRM) Organizational Development Certification, Unkage Inc. Certified Diversity Facilitator, NTL P~Rf':Ð'~~~ ~~ / bâ.d ~~ . -:.' -J ~" ~/ <' / M-AmeñcaCity ." ~.' o' -::>. -,- , III " CITY OF DELRAY BEACH âf(-: }-~~,--,,_~_. ~~-!.:..;, ~ ® BOARD MEMBER APPLICATION . 'j/¡Jjð;X/ 1993 ~ 2001 -1-177 ?la..se ÏnfoI:ID2rion: 4 l. Las Naxne 1vl L .v~ ~ ¿£) t. Home Address: A//? .if} L Ci~ /J/) LJ / / S~~e/ Zit C~~ .? /v U7~d /~ vLJ UL?J~ ~¡'7 f/ Ó3)/r..J ~. Legal Residence: City State Zip Code ~ t. Princip:ù Business Address: City State Zip Code /~ g~/sI--~ ~ c!H! 3:3Y~ ). Home Phone: Business Phone: E-Mail Address: Cell Fhone: Fax: c:l7.2. o55D .1--7;lgq/.::L ). Arc you a registered voter? If so, 'Where are you 1:egistered? 7. What Bo:u:d(s) are you interested - ~~ t list ill City Bo;u:ds on which yon 2LC curreody se ~ LO. List any rehted profession.al ccrtifica.rions and 1iceoses which you hold: /s ~ .~ ~ E - ~ / <7 ¿'/ ll. Give your present,. or: most .recent employer, and positi0r:: ~ '"ß- ~' ~~ ~ l2. Describe expe.åences, skills or knowledge whiëh qu:ilify you to se.cve on this boud: lease õlcèl.ch a. brief resume '.~ - . X ~~. /sL~~~~--=-g£ú.-S4 ~~ úLLJt l~úJ.¿? . - ¿;, ~ ~/af ~ ~ [ hereby certify that :ill the above stLtements ace trtIc, and I agree and understand dut õlD.}' misstatement of mate.ci3.1. facts :OD.tained in this app~on may cause forfeiture upon my part of any appointmeD.t I may receive. ~ ~,;y- <//.s-Ä6 )IGNATIJRE . DATE" - RECEIVED Not~: This application will terruUn on. file in dIe Crty Cleek's Office for 3. pe.ciod of 2 Ye2CS &om the <hte it was submitted. It will be the applicaat's responsibility to eosuie that a CUtIeat 3pplication is cARRe.O ~ 2005 S\CITYO-I!lŒ.\ß~..D\AI.'I'UC^:J1úN ''-;Gf'"-,- . \ ERK \';i1 f '-..¿...... l'd e~H:Ol qO JO Jdv MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER fJlt 1 SUBJECT: AGENDA ITEM # C\L - REGULAR MEETING OF MAY 03. 2005 APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES DATE: APRIL 29, 2005 Mr. Gilbert Forbes' term on the Police and Fire Board of Trustees expired on April 22, 2005. Mr. Forbes would not like to be considered for reappointment. This will create a vacancy for a regular member to serve a two (2) year term ending April 22, 2007. In accordance with Section 33.65 (A)(2) of the City Code, the City Commission appoints two public members of the Board of Trustees. All members must be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. All appointees must take an oath of office. The following individuals have submitted applications for consideration: Glenn Goss Melvin Sacharow (currendy on the Parking Management Advisory Board) Glenn Schuster (currendy on the Code Enforcement Board) Alexander Simon A check for code violations and/or municipal liens was conducted. None were found. Voter's registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4) for a regular member to serve a two (2) year term ending April 22, 2007. Recommend appointment of one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for a two (2) year term ending April 22, 2007. - DB.lAY BEACH QECEIVED . .. 0 . . 0 ... twawJI .. A.iMcaCitJ CITY OF DELRAY BEACH MAR 1 4 2005 " II~! BOARD MEMBER APPLICATIONCiT\' ~LERK 1993 2001 information: L Name M.L Goss Glenn F. 2. Home Address: City State Zip Code 4273 S. Magnolia Cir Delray Beach FL 33445 3. Legal Residence: City State Zip Code Same 4. Principal Business Address: City State Zip Code 3614 S Ocean Blvd Highland Beach FL 33487 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: (561)271-6064 (561)266-5800 GFGOSS@adelphi .(561)441-838 (561)274-9 57 6. Are you a registered voter? If so, where are you registered? YES Delra BeacIT Palm Beach CO FL 7. What Board(s) are you interested in serving? Please list in order of preference: Cit of Delra Beach Police and Firefi hters Retirement S 8. List all Gty Boards on which you are currently serving or have previously served: (please include dates) Board of Trustees Cit of Delra Beach Police and Firefi hters Retirement System, May 1989 - Feb 1991, May 2003 - Feb 2005 9. Educational qualifications: A.A De ree - Criminal Justice Broward Communit B.A. Degree - Public Affairs, Florida Atlantic University 10. List any related professional certifications and licenses which you hold: Law Enforcement ff' 1 11. Give your present. or most recent employer, and position: Town of Hi hland Beach FL - Chief of Police 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I have twice served as an elected trustee for the Police and Firefighters Retirement System. I have attended several s and seminars germaine to Trustee duties. e above statements are true, and I agree and understand that any nñsstatement of material facts tion may cause forfeiture upon my part of any appointment I may receive. S //'I( é>J DA1E Note: This application will remain on file in the City Oerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S'CITYCLERX\BOAltDlAPPUCA1lON -- oaÎtAv BEACH thJertlY-;.J.e r ....... ***** ,/-16-&'/ ANrnericaCíty CITY OF DELRAY BEACH 't III! .. I -BOARD MEMBER APPLICATION 1993 2001 Please e or rint the folIo,,"' infonnation: 1. Last Name:.5 L., ~ Name . M.I. II eo, ~ ..c..o ()(~ 2. Home Address: /(/ Ù I f,,(,.,I) ))¡c.. City j)e 1(1. ¿LI9£t, State ~~- S/'o Fe- 3. Legal Residence: Sdd'/¡ø -"lðV-(' State Zip Code /lJ 4. Principal B"~ :;:: 0/ City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ólÝ3 ~8.s t}rt J,I 'IS" 'f'~ 6. _ \re you a regIstered yoter? 7. ~ñat Board(s) are you int«estc /'1f/J/IJ ~"'t."j /J. c/.... ¡(J- t3t:J-'9-4. )8. üst aD City Boards on ~-bich you are currently scrcing or haye pre\'Íously sen-ed: (please include dates) - - - - ---- 9. Educational qualification!': /I!/J- ¡tI. 12. Describe experiences, skills or knowledge which qualify you to serve on dùs board: (please attach a brief resume) III}. ; of? Þ€eAl C($ Ý¿11 rtr~~ ñ· 'r. ~'p,,~t 9 I hcrcby ctttÏf}' that all thCJ above stakments arc ttuc, and I and undastmd that any misstatement of m.ater:i.al facts con..mw in ~ ~T().:g::t- upon my put of anytppoinnncnt I nuy =dve. ~ . .0 -'1-/ /¿;/ð~ } SIG~.\ ITRE DXrE I / Note: This application will remain on file in the City auk's Office for a period of 2 years from the date it was suboùtted. It ~-ill be the applicant's responsibilit)' to ensure that a CÙIrcnt app~~~~~ D APPLlC... TIO'o: fK~ APR 1.62002 __a, DB..RAY BEACH Pre' ahmlð7s1- . &. 0 tt; . . A. ***.** S):.¿ III cL I AHmericaCity CITY OF DELRAY BEACH cl--~Lj-01 , ~ II J! BOARD MEMBER APPLICA-r'ÔÑCEIVED MAR '4 20115 1993 2001 lease rint the followin informa.tion: erry CLERK Last Name: 5 ~ + Name G \ M.I. C. ú5 e.( eo" f1ì Home Address: City State Zip Code Y5ß5 A Ñl1J 3n:l S \- r ~e:..-\- D e..\ (' 0- ß ~~"" fL 3~4.\.\ · Legal Residence: City State Zip Code · Principal Business Address: City State Zip Code · Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: b\ -ìOb-O 553 · Aré 'you a registered vote\{ If sObwhere are you teftered? e..S e..\ ('0. Go\ C \ vb · What Board(s) are you interested inJ.ervin~ Please list in order of pre erence: *" PO\,ë.e. ~ F,(~ ßoo..c 0 "ÍI"U s+ee.s 0 .- )<.,,",ow ' au co-" Ð.... \ se,"~ ~"" o",",c:.. ßo~('J.. o..-\- a...... +,~~ ç_'--'d no-."'~ e..xPe(~r\c.e:. w¡~'" Q1")Jo("m.. >~(so,,<\.\ -? · List all City Boards on which you are currendy serving or have previously'setV\f (please include dates) á. Co e... EV'1~o{'c.e.....,e.~+ noc..'\d. 4 o~ 5-\-\\ 0"" Coc\.e.... "ßCo.s , \-h~'~ Sc..~oo\) .Jö""V"I :::ro..LCoHe.~e... c-t CÙM~i~~\ Ñ<\.s~~o-.U Co<}....~ ~ù~-\-\C.~ 'rl(:c.- c; e..ç.oI\¿t.- P,c..G..J.~-M e.-\-..... ~ Q.~e. t-.1 " Ce ('-\-\ LAw !:' C cr...\\ ,+ L~(¡J \0\ 'D '0 6e:.<" ~( 0(' 6 V"'10t'1~ S \:)e. fore. o..-n J... wo,) I J .}\¡e.... ~ 1. Give your p~ese~t, or mos~ recent employer, and position: ::t: h a.ve ('"e.+~('~d. 0-5 ~ L I~¡)+eno..",,:\- COM +he. C,-\- F,,~ Do!. ~(-\-~c.......+ 00 3/-t S e.~ ~-\\ ~G-"'e..J.... +0 d..c>.4~MëJ...<:;.,J. (., 0..1 So h fA. V e.c.. : 5 D ,. sc...b1 ;+ e,,,,-\- ""l~Y\" r>'\o......~~5 ¡ ~ t co...--\- o..ç ..\-\.cz.- -) ..->", . 2 Describe ~ences> skills or kno~edge Whiéh qualify you to serve on this board: (please attach a brief resume) :I:" So e.~ :S" e.a.:( S \ <\ C. ç \ ~ ,..,"'" ~ 0...\ .£.: ~.....ÞJ . t +\, (... CO\) c \-s (..Ù c... re..o... d< ~ Þ tJ r sf I ;''j, T ~ <- <.ou(" -tD b \j('s-\- of- f~e, 5" S-\-c,W'\ ,~J" +1) 0... ~.c, ..1 c.ù Q. o ("~....o,¡ eo , '¡-';e.. S./re.S'S {-on cr"l/')nM;"¡ CO<J( -I- a"l J...... -.¡l/¿ -:ðe~;~nÎj Ð.ç th(., f.(Jvlr.. e"lo.) -7 : hereby certify that all the above sutements are true, and I agree and understànd that any missutement of materm. facts :ontüned Ìh this applialtion may cause forfeiture upon my part of any appointment I may receive. ~/YJ~ 3-23-05 ....t}NATURE DATE :\late: This application will remain on file in the City Clerlès Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current applicatiop is on file. S\CITYaJ!RK\BOARDIAPPUCAYlON . . ~ fo( +~e,.J1 ¡e.ars 0 ~ , vJo('~ W <1 -\- \., .+'-'<-- ~GW '1'~"k C.1ry £:.0 hÇU , \""1 be- -\ '" c.. ('".. "'" "" \ " ~ t CO\(4. c.....cl ~\-¡~ f 0'\.J' (0 n ""1(,.V"1 .,fA-I Co",~(o\ Doc-cd.. . 2 I ßo 0.(' J... ~i CQ"'+<'"o) ~ ~~(,) YO!\.< c·Ji f'\fCJ r e,.,., 'S. '\ c: or, ßoa..< cl uJ~l¡'''' . '.I")~ole- vp Gf I \.& : -\-t..(... ßoG.<Cl. o-t f,<è.. ~c..(>~ (V) t) ~ C" \ ...¡ f \\ D.. '" 0-. '" J. ç,\('-~ o~~ CMS t JJ\.y .ç(JL~JS so..;J.. -+\"\\~ WG..5 gc-~a..-'- 'To to~ß.\"~ ~o ~~ 0.:.., '''"' -\- \.. ~ ~ Co b J:.. . ) o\Jed. A Ý\i to \\ 0 W 0P c1 0 CD ¡N'} e..-) + ~ +. 0 '." y(O~ : åe.J. -t: (1 e e d.e.J... 1\ J , : , ! ' , !i: ,I I' , J t'. j: ~ ; ¡ ¡ , I ) , . : , \ _f J q- '" SCHUSTER, GLENN M. 0912011961 1of3 ~Vì8it 'v.i' Date: Wed. Sep 8, 2004 02:46 pm ~r. Scott Berger. M.D. (Supervisor: Scott Berger. M,D.; Assistant: Jessica Stoam. ) '.GÇation; SeotlA. Berger. M.D.. P.A. &l:eetTOAieally signed by provider on 09I2Ø/2004 PRAted on 11/10/2004 at 12:44 pm. SUBJeCTIVE: ~ 42 year otd male presents før an initial eonsuft oomptaining of low back pain. &. "f'1:1e patient was r«err1:)d by Or. Wolpe and Dr. Finkbeiner's offi.œ fot pain managament evaluation and tFeatment, He presents In Ute office t~ amhutating wtfh a cane and unaccompanied. The locatl0ß of me pain is primarily in the abdomen. T'he pain redlates to the right leg, r.fg.ht anterior and p:GStefior knee. aAd'tÞtoraeìc aAd lumbar regian. He >:- eharaoten.s It as Intermittent, seVerEi. aAd grindift'g. He states tAat the eutrent episode of p:ai{1 s~ meA! than 15 years aF. The event which precipitated this pain was a work-related injury sustatRed H~8§. without any p:endfng fitigation. Thts ~1Ted white at work, while he was wortdO(J as a firefighter He is currentfy r~fed. He notes some pain relief with. ~_ ~(; páìn medication and rest. The paiR w()tsen~ with actM't¥ and eating. drinking. AssOOiated syrt.{ptoms iAdUde : j bowel InøøAtlmtnce, weight I~s'&. insamrna, inãbiltty to work. depttess1Qn MedíGat hi$tðry is si\1JftfteaAtJOf spioai Sté~tsf . , l'~f~ 'far f~ude:, âna~rsi(¡r med:iGattC!JnS': M~ CófttÜ'\. OXyCo'fttin. Roxtœdone. and NSAØ, 's( Neu~). TAe patIe¡Rt ~' that àfter the ~boV.e tc-eatment. he ~ Inftia{y· improv.ed. tfowav.eJ'. the pain h~s Fe~. lne patìßflt has been seen.!n the intØÁm by his neurolQgist and Or. 1)~gher an anestñè.siatogist. and Or. Qany the p/liysiaat medieine and ~bJUtatiøA ~ali.lSt. ~ studies f.eviewed inetWe: MRI' of the THORACIC SPINe performed Oft 8114/02. '. Im~: 1. MIld diffuse Øeoeneraijye disease thl'owghout the thøraeic spine as evidenceØ by disk åasiccatioo af!ld mitd btd§if'19 of 1tIe annulus .....___. as weft as multHeveI Scmmoo'$ nodes. 2. Stabte oentret S¥'troc at the T61hr0ugþ T8 levet 3. Superior emS-plate depressions of fi 1 and T12. stable since the previous examinatioò without evidefroe of acute .... .~ fracture: MRJ øf the LUM8AR SPINE peffonned on 81141&2. '. tmpressløn: . 1. SJetiileff'eøtoreG ofT11. T12 and L1 and multl-Ievel SdtmoÁ's nodes. No aeute f(actur~ is idernmeÐ. 2. Di* Spáe8 narrQWing at L4-L$ ånd LS..S1. 3. ~1riG~ w.ilh eentrilf anoolar tear at L4-L5 which is stable since the pr-eviaus examina1jcm. No acute ~mfaUøn or other fÒGåf .~1ØgY is ldefltifted. . . MR1 of the T~~ SPfNE peffarmed on 1611001. ~"':' ' 1,. Otd ~_Gtures of the T11, T1' aAØ l1 \ile~ebre1 bot4ias. Mtdtil~ Sehm.oJ'fs nodes. 1,:·.1d _..tØfIM . ttte een~t eeMt at1dtor å.ytitw øf the spinal 00fd. , 3. Ne fQœ1.. hetntafion.\t4ø. stø~~ of~' ~ cattal« neuml feJàmi~ at any 1eWl. , ~.~'~J~Uø:RSPINE·pørf~~on WN~1. , '. . =:S1Jîon fractures of the T11, 112 aád L 1 vertebf'ði ~ies as deoorilKJd ,af¡)ove. There is no kyphøttc deform1ty of the..... ' 2. MIkI tJuIGU\1 oNhe disk. U-L4. ¡ -' 3. Centr8Meft ~~t'aJ dfsk' ptotNston at L4-l5 with an an~r tear ~ ~net'~tioA. The disk is aIJ1iltlíttij and, ; posteriody ~ the left L5 nerve 1Ø<Jt. There Is atso sevéf"-e StelA-aslS of the ~at œ-nat and Iaterèt r«msS at this 1evet ona~basjS. '."- f ~ , , ·-PULL RßPOR'f(S) MAY at! Vt6WfÐ'1N 5ÇANN1N$...... '. . aTITUTJONAL: PosltNe for fever ( 'ow grade) and ",t\intel'\~ weisht loss ( gratÑat ). C\II"'f~."" .......-.~~ ,................ , --- - -~- --- -- ----~ -....-----_. ---- ----....-_.- ..-----=-. ------ - -~ -- - - ~ A$8t[1J8IItBfT: T~ ~ is ~ today in th:e 8ffiæ ""'-fOO -by Or. Neuman. He is oomplainm!l of pain {fir()Uþut his body that is- ~ Ie a .. ~ a 70 f$t drQ{iI wltfte W0f~ as ffrefigÞJ.er in NèW Y.erk. The p.atie:t'It 4i'd ~ muIfpte ~ ~ hou~t his 1urfI'bàr ood: tnCiW<mÏG spine in attdìUon to Cfustæcl iftÌUJY 6f his \1S~s. Iea~ mm ~\{ely WiØ\ ~e pæ1Q'edtis. The pt1ttlent 1tas Deen OOst7ìtai.1-e-d ffllmefOUS lÌJ'nes, and has b.een $-eefl by several øOIør _ ~sts in¢fudi~ Or. SamørcJ ~man. wHo recømmended a morJíJÅÎfle pttmf!) which wa$ flmfe( fotfowed up _(tn. fhe -~nt has mGst reoom1y been wIDer the care of Dr. Dager whø had the pstioot 00 very ~ doses of vOOGUs f1iI~. 1'he patient has oot had any nafÐofies within the p-ast several days and is w~stùAg to not purì5ue that as a ~. On-"ysiqII e2QIm the p~tfenfs abdømen is tender in an four quadrants and there is s-ome b~$ patpated over the ~-ie regiøn. The patient has AI!) obvious fiver enlargement upon percussion aM patpation 0f the liver resion. On ~ eXlIfft of the spi1œ, he is somewhat tenoor over the ~umbar spine region and has marked weakness of the ri~ht lower e~ when COß1f}ared wUh the left lower extremity. ~ lengthy disGU$sioA with the pat¡~:nt ensued in which the patient was offered the option of cetiac plexus nerve block. Whi6h he r-espedively de61ined at the present time and ~ressed the desire to pr>OOeed with toe morphine pump ttiat injedttJn. 1'Qis will be perf(¡)rmed her-e at Pain Managment CønsuUants under monitored anesthesia car-e and ßuor-øscopic gm$mœ. Jf ~ssfuf, the J\1a,üent Will be sefM\ by psycholðgîst Dr. $choenficld f.gr psycl10lØQical ctearance prior to the pwnp implantøflOfl. in addition Room Gold$tein win conrerenoe with repres-ent<1ltives fr-om AETNA to 3soortðin ~r or not we- can Cj:Oftt(;Q1 the pumf) ood refill ít witWn 00f office, which wotdd be essentially the optimal w.ayof 00itrg it. The pat4ànt is in- fut1 agreement Sflfi1 is given UteratYr-e and video tape tt) review priQr 10 his trial injection. 124.2 Low Þk paiA .11.1 ct:uwK panGfeaätÎ$ "PlAN: . lew Melt pain _OffICe çof\SUft,atiøn, new or e-stab1ished patient. level 2 - Cltrønic p&aereatit,¡s PROCEDURES: The patient will be scheduled for a trial morphine in'jection. as soon as pøsswte, w\th monitored ~ care, to mædmize his comfort .and S2fety, with fluorøs<:opic guidance to enSUf'e COf.fect neetfle ~ooment, to be performed in my office. If this procedure is suQcessful. the patient-win be scheduled ta-see Or. Sooeenfield foc þsycho1ogiœt evaluation and cl€ar.ance. and R-onfli Gotdstein will seek authorization for the pårreors pump to be refilled and monitored her.e at PMC. C7T ..,-o'2ll101! ~.......-.-...-. ItA ""'*~ t _______...._..-_..._....___-....-....,....-____~.._,::;;>-......... ~ --.-..::--.0: ~~,..-_·_--;I... .~:-:..:-,........-~_P--....~: -...-- -~ ~> -- .. ~ --- - ---.--- -. -~::..,} ---- .... . -~- .- ..~ . - .-"_:~ J1!J ~ 561 4990561 Ii!J 2/20/00 C9 18:46 ) 1/2 Glenn M Schuster 4585 AN. W. 3rd Street Delray Beach, Florida 33445 (561-499-0561) Summary of Qualifications: Dedicated professional with twenty years experience. r Through knowledge ofNFP A. New Yark City and building codes, labor"laws and health codes, Fonner EMf FDNY, recently I have taken the Florida Fire Inspector and EMT courses. Through knowledge of fire suppression and detection ststems of all t;ypes. Excellent reputation among superiocs, city officals, builders, architects, contratocs and attorneys. Sharp and creative in problem solving and needs assessment. EMPLOYMENT HISTORY 3/93-4/94 Econocaribe Consolidators Inc. Miami, Florida Assistant Manager Assistant in managing one hundred fifty thousand feet of US Customs bonded space. Supe1Vised warehouse empolyees. taught safety and security principles to staff. Maintained accurate inventory and shrinkage control. 11/91-11/92 New York City Fire Department. New York,New Yark Rank Inspector Preformed work in the conduct of inspections to detect violations of laws, rules and regulation which are intended to reduce or elim inate,fire and explosive hazzards or assist in extinguishing fJre. Prefonn re]ated wode, conduct inspection and investigation. research national and New York City fIres as well as health codes and labor law. Issue summons and violation orders when necessary. 3/87-6190 New Y <Xk City Fire Department New Yotk. New York Rank Court Representati"íe Evaluate building ownen compliance with the New York Fire Prevention, NFP A; prosecte owners for violation, conduct inwrviews and investigatioru¡~ res¢arçh , applicable codes to prepare case. Recommend penalities and suggest time for compliance. 3/85-3/81 New Yode City Fire Department, New York. New York Rank Lieutenant Developed and implemented procedures to track down builders that were in violation of The New Yode City Fire Law Hanbook.Supervised and trained Enforcement Agents; served notices; conducted title searches and investigations maintain accurate setvice records; advise management of areas requiring futher analysis. ". Education " we Mepbam High School Bellmore. NY 11110 High School Diplomia 1980 , 101m lay College of Crimminal lustice 88910thAvenue Major Fire Science 1980-1986 - New York City Fire Department Randalls Island Bronx NY. Fire fighting, Fire Inspection, Officers School Nassau Cow11y Fire Service Academy Bcthpage, NY Fire Fighting Advance Truck Advanced Engine operations EMf ." - . ~~~ 2./08/0 , 04/17./.200'3 1)1):::: 1551.2435344 SAtl[I',' SIMOII PA':;E 0: - -~'=.~~~''- .... ¥u _>ow --.. - -. - ._..- f - """1111 CITY OF DELRAY BEACH .. '. BOARD MEMBeR APPLICATION !rcJ J .__ Slft.<lJ~ NameAU;; KA 2 Hom.~t c ______. () UA.C- r:::AeL.-JrtJ pr P£ _~¿~l 15 3. Lr:gtl k&i~: p ff-4--b City __ 5Æ-~ _ \.... .. P.aa.cps.l Bu.inea.s AddlCII' City StaU ~ ZJp Cod. 5· ! - ~~ - , ~~J~"8,1 Bu0~ ~(~(P4J c.D';J;:tJ1dZ r<f3~; 6_ ~ YCM.! . r~ue-.J:t:d YOta'? y. IE .<:). ..nuc ue you rqpswro:dl. 'rr E~ _ __ <-.YG" f?A 17, + 1 What Boud(.) ue ,o·~ i.r:uuuEad .in .~ Pl....e lilt 1D order of EX.&nnc~ i 1 - ~. . r , ~ I hc.tcby c:.c~ ch~T'~- the abo 'cn1Cn~ AtC mv::, aød. I .ec &Þ.d WI...!uaQnd. m..l &Dr mi..tAta.neot 0 CODw1\cd JD .. . ct.u.e fañ-,lUtfJ' upClo my put: o( &111 appoia~ JD.ar. UIOIIÌv~ ¡ , , f. r-J..-/ , / _'1" I ~/ð-S> .1 DAtt I No~' Tbu "P?!.í.catì~a - QQ é.e Ut ch~ Clty Qt.J¥. Offi~ fOE I. peàod of 2 ~~ ~m . c date. it... ~-ubm.itb:>d. [r ~ be ~ .pp1Ï.ca.D(1 œ:tpoa.~ '" ~u:e «hac.. CUCCDt .ppliaDoD iI~ ñk. 1SA'lDf 1 )t¡H~l~) Alia ~002 8 t Hd\1 , d3AE3838 , - ------ O!\ . ~ [IT' DF DELAA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH. FLORIDA 33444 TELEPHONE 561/243-7090· FACSIMILE 561/278-4755 DELRA Y BEACH Writer's Direct Line: 561/243-7091 F l 0 . I D A ba:III AJl.AmerlCI City ~1Ir, MEMORANDUM DATE: April 26, 2005 TO: City Commission David Harden, City Manager ~~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Resolution No. 25-05 SeacrestlDel-lda Special Assessment District Final Assessment Roll In April of 2000, the City Commission declared a necessity for the improvement of the Seacrest and Del-Ida Neighborhoods based upon the adopted SeacrestlDel- Ida Neighborhood Plan. The Plan called for the repaving of certain parking areas, installation of sidewalks, construction of traffic calming measures, installation of roundabouts and landscaping as well as other street beautification measures. The Plan also called for the purchasing of property and construction of parking areas. The CRA purchased property and constructed parking spaces on the property. This cost was not part of the special assessment district. The SeacrestlDel-lda Special Assessment District was established through the adoption of Resolution 45-00 on June 6, 2000, in order to defray a portion of the costs of the street beautification. The total estimated cost of the street beautification improvements was $1,543,900.50, of which the City and property owners would each pay one half of the amount. The City also made improvements to some of the public utilities in this area and these improvements were not part of the special assessment district. Construction of the street beautification improvements has been completed and a final accounting of the costs has been made. The total amount of assessable improvements is $2,062,804.00. However, the property owners may not be assessed an amount that exceeds the estimated amount adopted in the preliminary assessment roll. Therefore, the property owners shall only be responsible for one half of $1,543,900.50, not one half of $2,062,804.50. This amount is reflected in the final assessment roll. Our office requests that this item be placed on the May 3, 2005 City Commission agenda. Please call if you have any questions. \Of\ RESOLUTION NO. 25-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE FINAL ASSESSMENT ROLL FOR THE SEACREST/DEL-IDA SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES GENERALLY NORTH OF N.E. 4TH STREET, SOUTH OF N.E. 22ND LANE, WEST OF THE FEC RAILROAD, AND EAST OF SWINTON A VENUE, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR THE ASSESSMENT AMOUNT AS TO EACH PROPERTY; PROVIDING FOR THE METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 6, 2000, the City Commission adopted Resolution 45-00 which established the preliminary assessment roll based on an estimated cost of the beautification improvement at $1,543,900.50. The actual cost of the assessable improvement is $2,062,804.00. The property owners of Seacrest/Del-Ida neighborhoods shall only pay one half of the estimated amount of$1,543,900.50; and WHEREAS, the City Clerk has advertised the public hearing and mailed notices to the property owners to be included in the District; and WHEREAS, the District will include all those properties listed on the assessment roll and shown on the map, attached hereto as Exhibit "A"; and WHEREAS, each property owner shall be assessed on a square foot basis; and WHEREAS, each property owner may pay their assessment in one lump sum no later than sixty (60) days following certification that construction is complete; and WHEREAS, each property owner may pay the assessment in ten (10) annual installments at an interest rate of eight percent (8%), as indicated on Exhibit "A"; and WHEREAS, the owner of property within the District for which an assessment is levied shall thereafter by responsible for payment thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section I. That the City Commission of the City of Delray Beach, Florida, following a duly noticed public hearing, does hereby adopt the above recitals as if fully set forth herein. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby adopts and certifies the assessment roll for the Seacrest/Del-Ida Special Assessment District, as set forth in Exhibit "A" which is attached hereto and incorporated herein. Section 3. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on the 3rd day of May, 2005. Mayor ATTEST: City Clerk EXHIBIT" A" ~i~-~~R!:;~~lg;8~~I~'~I~ZiJJð;~;;SI~~'~~~~_.¡~~:8-;~~~1~lil.~MAI~I:!~::'m:~~5~~~~-~_~.~i~I~¡~= 1~~~·I~~"-I~"~..~.."..."i....~.8'8.~8·8~....."~~.....".~.~~~.........."...... a òa iI -. 12 !ì' :to . ,..: ::t ,.. ... ... 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I f ' : I ; LEGEND _0 I ~ ! : 'I: 1/;- II i i: __or.... >- i I · - ~ ~ J · . ~ . 0 ¡ ¡ .... ! . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CI1YMANAGER ~t SUBJECT: AGENDA ITEM # \Oß - REGULAR MEETING OF MAY 3,2005 ORDINANCE NO. 26-05 (DESIGNATING THE HARTMAN HOUSE AS A LOCAL HISTORIC SITE) DATE: APRIL 29, 2005 This ordinance is before Commission for second reading and public hearing to designate The Hartman House, located at 302 N.E. 7th Avenue, to the Local Register of Historic Places. The Hartman House is a good example of a 2-story frame vernacular house built in 1923. The house has been well maintained, has no additions, and retains many of its original features such as windows, external doors, and stucco rendering. The first occupant, Mr. Gustav R. Hartman, was the Assistant Postmaster of the City of Delray Beach, and played an important role in the developing city as most communications relied heavily on the postal service. He lived in the house for 48 years which contributed to its level of preservation and lack of alterations. The structure is outside the boundaries of the five existing historic districts and would make a good addition to the 28 individually listed properties on the local Register of Historic Places. Designating this site will help preserve the character of the extant historic dwelling and may help promote the preservation of other surrounding historic properties. The Hartman House is being considered for listing in the Local Register of Historic Places for historical significance under the criteria listed in Land Development Regulations (LDR) Section 4.5.1(B)(2)(a), associated in a significant way with the life or activities of a major person important in city, state, or national history; LDR Section 4.5.1 (B) (2) (d), exemplifies the historical, political, cultural, economic, or social trends of the community in history; and LDR Section 4.5.1 (B) (3) (a), portrays the environment in an era of history characterized by one or more distinctive architectural styles. The Historic Preservation Board considered the historic designation at a public hearing on April 6, 2005. There was no public testimony. The Board voted 4-0 to recommend to the City Commission approval to list The Hartman House in the Local Register of Historic Places. At the first reading on April 19, 2005, the Commission passed Ordinance No. 26-05. Recommend approval of Ordinance No. 26-05 on second and final reading. S:\Ctty Clerk\agenda memos Ord 26-05 Hartman House Htstonc DesIgnation 050305 -~---~ ~ I CITY COMMISSION DOCUMENTATION 1 TO: Dr~D ,C THRU: PA L DORLlNG, DI TOR OF PLANNING AND ZONING FROM: WARREN ADAMS, TORIC PRESERVATION PLANNER ~~ SUBJECT: MEETING OF APRIL 19, 2005 REQUEST TO INDIVIDUALLY LIST THE PROPERTY LOCATED AT 302 NE 7TH AVENUE (NORTHWEST CORNER OF NE 7TH AVENUE AND NE 3RD STREET) TO THE LOCAL REGISTER OF HISTORIC PLACES. [ >". .---- I BACKGROUND I ANALYSIS The Hartman House is a good example of a 2-story Frame Vernacular House bUilt in 1923 during the Florida Land Boom years of the 1920's The house has been well maintained, has no additions, and retains many of its original features such as windows, external doors, and stucco rendering. The first occupant, Mr. Gustav R. Hartman, was the Assistant Postmaster of the City of Delray Beach, and played an important role In the developing city as most communications relied heavily on the postal service. He lived in the house for 48 years which contributed to its level of preservation and lack of alterations. The structure is outside the boundanes of the five existing historic districts and would make a good addition to the 28 individually listed properties on the Local Register of Historic Places. Designating this site will help preserve the character of the extant historic dwelling and may help promote the preservation of other surrounding historic properties. To qualify as a historic site the property must fulfill one or more of the criteria set forth in the Land Development Regulations, Sections 4.5.1 (B)(2) and/or (3). The residence at 302 NE th Avenue is being considered for listing In the Local Register of Historic Places as it fulfills three of the criteria. It is associated in a significant way with the life or activities of a major person important in city, state, or national history [4.5.1 (B)(2)(a)]; it exemplifies the historical, political, cultural, economic, or social trends of the community In history [4.5.1 (B)(2)(d)], and portrays the environment in an era of history characterized by one or more distinctive architectural styles [4.5.1 (B)(3)(a)]. Additional information concerning the proposed individual designation can be found in the attached Designation Report. I HISTORIC PRESERVATION BOARD CONSIDERA TIOr¡ ----I At its meeting of March 16, 2005, the HPB set a public heanng date of April 6, 2005, to discuss the proposed designation and provide a recommendation to the City Commission for the individual historic property listing. On April 6, 2005, the HPB voted unanimously (4-0) to forward a recommendation of approval to the City Commission to list the Hartman House (302 NE th Avenue) in the Local Register of Historic Places. I' RECOMMENDATION l Move approval on first reading of Ordinance No. 26-05 that the residence and associated property at 302 NE 7th Avenue (The Hartman House) be listed in the Local Register of Historic Places, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and Sections 4.5.1 (B) and 4.5.1 (C) of the Land Development Regulations. Attachments Ordmance No 26-05 and DesIgnation Report \d-A ORDINANCE NO. 26-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, DESIGNATING THE HARTMAN HOUSE, LOCATED AT 302 NE 7TH AVENUE, AS MORE P ARTICULARL Y DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRA Y BEACH, FLORIDA, JULY, 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, George Risolo, Peter Canelo and Eric Hauser, as property owners, have nominated the property described herein to be designated as a local historic site; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the property as a local historic site; and WHEREAS, on April 6, 2005, the Historic Board of the City of Delray Beach recommended 4 to 0 that the property described herein be designated a local historic site; 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; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described herein as a local historic site. 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 following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: Lots 13 and 14, Block 113, Highland Park according to the map or plat thereof as recorded in Plat Book 2, Page 79, of the Public Records of Palm Beach County, Florida Section 3. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That 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 2 ORD NO. 26-05 I - ) 1-1 ~ II II I I I I , C \1 ~--- /"'. PUBLfX N [ 5TH ST. I « -~ of ~ ( a --~"'< 0 r~-- 0 2 ~ ___ g__z z-- ..J /------- ¡j~- >- >- - - - '" h) ---- (J-.~-I I-- --~ -- ~ w-- w--(j}_J (j)-- __ _ l.. ]-0> - ---I "-t·-·-- ~ WAL - -- -- ~ - 1 I ~ :=> -- - r L 1 t--- j GREENS - _ '------ 2 ~ 41H ST. ~ - - - -? 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DHRAY ~ 5; - - ~ ~ VETERANS U SUMMIT :ï; ~~ ... 0 ---- 0 PARK I <t: ~ Z - z ATLANTIC <:{ CONDO w ::s:: r f-- >- -- >- PLAZ A ~ ¡¡ J ~'---I--__I CL ~ ;¡¡ ~ \f] _ \f] f----- - I-- BARR 9 => ~ -¡-, => TERRACE 7 'J rnrrrn~~rTfT ¡IT [J] I 2 CONDO II LWJJrl:J l! II, I ! {I_ ATLANTIC AVENUEaN - THE HARTMAN HOUSE 01'1 OF DELRllY BEACH FL 302 NE 7TH AVE PLANNING & ZONING DEPARTMENT _ _ DIGITAL BASt MAP SYSTtM _ _ MAP REF LMB27 I " ¡ ~ ; f,JíE~,c ~ r,~.~~"" :.I ,~~ ~~'., , <, ." ) ':.. t - A ...,-."1.rI:.- ~ -- - ~. TABLE OF CONTENTS I. GENERAL INFORMATION II. LOCATION MAP III. HISTORICAL AND CUL TURAL SIGNIFICANCE IV. ARCHITECTURAL SIGNIFICANCE V. STATEMENT OF SIGNIFICANCE VI. BIBLOGRAPHY AND SOURCES Report Prepared By: Weiner & Aronson, P .A. 102 North Swinton Avenue Delray Beach, Florida 33444 (561) 265-2666 Prepared on February 14, 2005 Property Owned By: George Risolo Peter Canelo Eric Hauser 302 N.E. ih Avenue Delray Beach, Florida 33483 (203) 943-5939 2 I. GENERAL INFORMATION Address: 302 NE 7th Avenue, Delray Beach, Florida 33483 Legal Description: Lots 13 and 14, Block 113, HIGHLAND PARK, according to the map or plat thereof as recorded in Plat Book 2, Page 79, of the Public Records of Palm Beach County, Florida Parcel Identification 12-43-46-16-05-113-0130 Number: Present Zoning: RM (Medium Density Residential) Present Use: Residential Construction Date: 1923 (according to Delray Beach Building Permits) 1926 (according to Palm Beach County Tax Rolls) Classification for Historical, Cultural and Architectural Designation: II. LOCATION MAP The map is on a separate page supplied by the City. III. HISTORICAL AND CUL TURAL SIGNIFICANCE The City of Delray Beach considers a property "historic" if it is at least fifty years old and holds significance for its historical associations with a person, event, or trend in Local, State, or National history. Since the structure located at 302 NE ih Avenue was built in 1923 according to the Delray Beach building permit records, this structure is over 82 years old. The original occupant of this house from the time it was built in 1923 until he passed away in 1971 was Mr. Gustav R. Hartman. Mr. Hartman was the Assistant Postmaster for the City of Delray Beach. The Hartman House, as it is to be known, was built during the great Florida Land Boom of the 1920s. The pineapple crops in Delray were deprived of water due to changes made in the drainage operations by the Lake Worth Drainage District. This resulted in the lowering the water table in Delray Beach. The lack of moisture kept the pineapple crops from growing to full size. The 3 --- small pineapple crops combined with the fact that competition was increasing from the Cuban pineapple market, caused the Delray pineapple farmers to lose money. Due to the down sizing of pineapple crops of Delray Beach, one of Delray's most notable figures, Adolf Hofman, started to view land as a commodity that could be developed and sold. The population of Delray was increasing in the early 1920s, and so was the need for residential housing. In 1913, Hofman platted the neighborhood from Northeast Seventh Avenue to the railroad tracks between Northeast Fifth Street and Northeast Seventh Street. Even though this subdivision was just north of the Hartman House, this shows that the great Florida Land Boom was in full effect and the Hartman House was right in the thick of the developmental area. IV. ARCHITECTURAL SIGNIFICANCE The Hartman House is a two-story wood frame house with stucco exterior and a gable roof. The architectural style of this house is prominently "Frame Vernacular" with a slight influence from the mission revival. During the great Florida Land boom of the 1920s, the influence of the historic Spanish Missions was being revived through the mission style of architecture throughout south Florida. Therefore, a combination of architectural styles such as vernacular and mission was very popular in Delray Beach during the time the Hartman House was built. V. STATEMENT OF SIGNIFICANCE The Historical and Cultural Significance of the Hartman House is evident when compared to the sections of the City of Delray Beach Land Development Regulations (LDRs) which pertain to the designation of historic sites. According to Section 4.5.1 (B)(2), a building, structure, site, interior, or district will be deemed to have historical or cultural significance if it meets one or more of five criteria set forth by this section of the LDRs. The following criteria are met by the Hartman House: 4 ~-~- - --------~ (a) Is associated in a significant way with the life or activities of a major person important in city, state, or national history One of the most important public roles in any City during the early twentieth century was the postman. This was before fax machines, computers and other forms of communications which we now take for granted. The citizens of the day relied on the mail and the mail only. The person that filled this role in the City was Mr. Gustav R. Hartman, the Assistant Postmaster of Delray Beach. Thus, the first criterion is clearly met. (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history This criterion is met as the Hartman house was built in 1923 during the great Florida Land Boom of the 1920s, when much of Delray Beach was experiencing real estate development. The Architectural significance of the Hartman House is evident when compared to the sections of the LDRs which pertain to the designation of historic sites. Pursuant to Section 4.5.1 (B)(3), a building, structure, site, or district is deemed to have architectural or aesthetic significance if it fulfills one or more of the four criteria set forth by this section of the LDRs. The following criterion is met by the Hartman House: (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles This is evident as the Hartman House was built using the frame vernacular style of architecture with a slight influence from the mission revival, both of which were popular architectural style of the 1920s. 5 --- --~-- ------ VI. BIBLIOGRAPHY AND SOURCES Delray Beach Planning and Zoning Department, Delray Beach Historic Preservation Design Guidelines Delray Beach Building Department Records (1923 -1970) Delray Beach Historical Society, Prominent Architectural Styles in Delray Beach, The Art of Architecture 20th Century Styles - 21st Century Trends Hofman, Charles, From Farmland to Land Development The Florida Boom, Letters from Linton, 2004, pg. 179 Johnson, John. Good Neighbors in a Village by the Sea, Division of Historical Resources Miller's Delray Beach Florida (1953 -1954) City Directory, Volume III, pg 154 Palm Beach County Genealogical Society, Delray Beach Memorial Gardens Index of Burials, September 1903 - September 1987, pg 28 Palm Beach County Property Appraisers Website Patterson, Dorothy W., Archivist, Delray Beach Historical Society, Cornell Archives Room, Delray Beach, Florida, February 3, 2005 6 ----~-- ~ ~ CITY COMMISSION DOCUMENTATION ! TO: DAVID T~' C AGER THRU: PAUL DO UNG,rnRECTO PLANNING AND ZONING FROM: JEFFREY A. COSTELLO, A ISTANT DIRECTOR OF PLAN SUBJECT: MEETING OF MAY 5, 2005 PRIVATELY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.20, "INDUSTRIAL (I) DISTRICT" , SUBSECTION 4.4.20(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", PARAGRAPH (5), "SERVICE INDUSTRY"; TO ADD FOOD PREPARATION AND/OR PROCESSING AS A PRINCIPAL USE. II BACKGROUND / ANALYSIS II A privately initiated LDR text amendment has been submitted by Hua Restaurant Group to allow food preparation and/or processing, and catering operations as principal uses in the MIC (Mixed Industrial and Commercial) and I (Industrial) zoning districts. The applicant has submitted the text amendment in order to occupy a tenant space at the Tenth Street Park of Commerce located on the south side of S.W. 10th Street, approximately 480' west of S.W. 10th Avenue (1100 S.W. 10th Street, Unit #G). The MIC zone district allows (by reference) the same industrial and service industry uses as those that are allowed in Industrial zoning district and references the uses allowed in the Industrial zone district regulations The proposed food preparation business and catering are currently allowed in other industrial-related zoning districts (PCC, LI, CBD-RC) and are appropriate uses within the Service Industry category of the Industrial zone district. These types of uses are appropriate in an industrial setting as they are primarily related to preparing a product for distribution to a facility In a commercial area or providing a service to an off-premise customer/consumer. 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. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. ~ PLANNING AND ZONING BOARD CONSIDERATION ~ . At its meeting of April 18, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. There was no public testimony regarding the proposed changes. After discussing the amendment, the Board voted 7-0 to recommend to the City Commission approval of the proposed amendment, 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 LDR Section 2.4.5(M)(5). II RECOMMENDED ACTION II Move approval on first reading the ordinance amending Land Development Regulations (LDRs) Section 4.4.20(B)(5) to allow "food preparation and/or processing, including but not limited to bakeries and catering operations" as a permitted use in the Service Industry category of the Industrial zoning district (and MIC zoning district by reference) 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 LDR Section 2.4.5(M)(5), with second reading to occur on May 17,2005. Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of Apnl18, 2005 \()~ City Commission Documentation LDR Amendment - MIC & I zoning districts to Add Food Preparation & Catering Page 2 ORDINANCE NO. 28-05 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 SECTION 4.4.20, "INDUSTRIAL (I) DISTRICT", SUBSECTION 4.4.20(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", PARAGRAPH (5), "SERVICE INDUSTRY"; TO ADD FOOD PREPARATION AND/OR PROCESSING AS A PRINCIPAL USE; 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 April 18, 2005 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.20, "Industrial (I) District", Subsection 4.4.20(B), "Principal Uses and Structures Permitted", Paragraph (5), "Service Industry", 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: (5) Service Industry: Service Industry uses are those which are primarily engaged in providing an off-site service but which maintain inventory, storage of materials, and a business office at a central location. Repair of equipment and materials associated with the service is also permitted at this central location. · Land Development Services (eg., surveying, soils testing, mapping, architectural, engineering). · Contractor and Trade Services (e.g. general contractor, electrician, plumbers, heating and air-conditioning specialists, swimming pool maintenance, landscaping services, exterminators, equipment and tool rental). · Repair of office equipment (e.g., typewriters, computers, data processing equipment). · Business Services (e.g. typewriters, computers, data processing equipment). City Commission Documentation LOR Amendment - MIC & I zoning districts to Add Food Preparation & Catering Page 3 · Limousine Service. · Gun Ranges (indoor). · Food preparation and/or processinQ. includinQ but not limited to bakeries and caterinQ operations. 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 p[l~\ D~~H DELR·\Y B[4.CH II~A_tI ¡'~A~iÎ AI~_CiIy PLANNING AND ZONING BOARD -CIIy "III~ " III,! MEMORANDUM STAFF REPORT l<l'J ~ l<1<.i ~Olll ..:001 MEETING DATE: APRil 18, 2005 AGENDA ITEM: IV.B - PRIVATELY-INITIATED AMENDMENT TO THE lAND DEVELOPMENT REGULATIONS SECTION 4.4.20 "INDUSTRIAL" TO ADD "FOOD PRODUCTS", "FOOD AND FOOD-RELATED PRODUCTS AND "CATERING SERVICES" AS PRINCIPAL USES. L _ .,_-=_ _.:_:-== -="" _ ITEM _~EFC?RE THE BOARD ,--=-=J The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations Section 4.4.20 "Industrial" to add "food products", "food and food-related products" and "catering services" as principal uses, pursuant to LOR 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 PROPOSED TEXT AMENDMENT I DEVELOPMENT PROPOSAL II A privately initiated LOR text amendment has been submitted by Hua Restaurant Group to list "food products", "food and food-related products", and "catering services" as principal uses in the MIC (Mixed Industrial and Commercial) and I (Industrial) zoning districts. The applicant has submitted the text amendment in order to occupy a tenant space at the Tenth Street Park of Commerce located on the south side of S.W. 10th Street, approximately 480' west of S.W. 10th Avenue (1100 S.W. 10th Street, Unit #G). The proposal is to occupy/purchase a 3,600 sq.ft. warehouse with the intention to modify the interior to accommodate corporate offices, dry storage, cold storage and a food commissary (commercial kitchen) to produce products to be delivered to company restaurants. There will not be any retail sales on the premises. The floor area breakdown is as follows: 1. Office area - 1,200 sq. ft. 2. Preparation kitchen area - 700 sq. ft. 3. Refrigerated storage area - 700 sq. ft. 4. Dry storage area - 1,000 sq. ft. The types of products to be produced at this location are: IV.B. Planning and Zoning Board Staff Report LDR Amendment - MIC & I zoning districts to Add Food Products, Food Preparation & Catering Page 2 1. Salads & salad dressings 2. Sauces 3. Soups 4. Dough & baked goods 5. Marinated protein such as meat, poultry & seafood 6. Roasted pork & beef The request is amend the following sections: 1. Section 4.4.20(8)(1) which is referenced by Section 4.4.19(8)(1), under the heading "Products" to add "food products". 2. Section 4.4.20(8)(3) to add "food and food-related products". 3. Section 4.4.20(8)(5) to add "catering services". L LDR TEXT AMENDMENT ANAL YSIS I! ~. 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 Mixed Industrial and Commercial (MIC) District is to provide for a mix of industrial, commercial, and office use in a single zone district. The uses allowed are intended to enhance employment opportunities in the industrial, manufacturing and trade sectors, with supporting business and professional office functions. The MIC zone district allows the same industrial and service industry uses as those that are allowed in Industrial zoning district regulations and references the uses allowed in the Industrial zone district regulations. The Industrial Uses include the manufacturing, fabrication and wholesale of items while the Service Industry uses typically provide an off-site service but maintain inventory, storage and an office at a central location. The manufacturing component of the MIC and I zoning districts currently allow similar products such as bakery products and the MIC zoning district classifies bakeries as a retail trade. Other food-related or consumable items that are allowed in the I zoning district include "dairy processing and "meat cutting and wholesale storage" as a conditional use. Examples of the types of uses allowed in the Service Industry are contractor and trade services, development services, limousine services, business services. Based on a commonality with these uses with respect to the off-site services, the proposed food preparation business and catering are appropriate uses within the Service Industry category. The request includes modifying Sections 4.4.20 (B)(1), (3) and (5), which is unnecessary. The use can be listed as a single use under the Service Industry uses. It is noted that in the CBD-RC (Central Business District - Railroad Corridor) (which allows limited industrial uses) and LI (Light Industrial) zoning districts food preparation and/or processing, including but not limited to bakeries and catering operations are listed as a conditional use. Also, on October 5, 2004, the City Commission approved a Planning and Zoning Board Staff Report LOR Amendment - MIC & I zOning districts to Add Food Products, Food Preparation & Catering Page 3 similar text amendment to allow "Food Catering establishments, preparation and storage only (no food served on premises)" as a permitted use in the Service Industry category of the PCC (Planned Commerce Center) zoning district. These types of uses are appropriate in an industrial setting as they are primarily related to preparing a product for distribution to a facility in a commercial area or provide a service to an off- premise customer/consumer. The addition of the uses to the MIC and Industrial zoning districts will provide more flexibility to the zoning districts and more opportunities for businesses. It is noted that the serving of food on the premises is not permitted as this would change the classification to restaurant, which is not permitted in the industrial zoning districts (MIC, U, I). COMPREHENSIVE PLAN POLICIES: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no specific applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. ~ REVIEW BY OTHERS j The proposal is not in a geographical area requiring review by the DDA (Downtown Development Authority), CRA (Community Redevelopment Agency) or HPB (Historic Preservation Board). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: 0 PROD 0 President's Council Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. II AL TERNA TIVE ACTIONS II A. Continue with direction. B. Move a recommendation of approval to the City Commission for the text amendment to the Land Development Regulations (LDRs) Section 4.4.20(B)(5) to allow "food preparation and/or processing, including but not limited to bakeries and catering operations" as a permitted use in the Service Industry category of the I zoning district (and MIC zoning district by reference) by adopting the findings of fact and law contained in the staff report, and Planning and Zoning Board Staff Report LDR Amendment - MIC & I zoning districts to Add Food Products, Food Preparation & Catering Page 4 finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LOR Section 2.4.5(M)(5). C. Move a recommendation of denial to the City Commission for the text amendment to the Land Development Regulations (LDRs) Section 4.4.20(8)(5) to allow "food preparation and/or processing, including but not limited to bakeries and catering operations" as a permitted use in the Service Industry category of the I zoning district (and MIC zoning district by reference) by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LOR Section 2.4.5(M)(5). II R~COMMEND~D ACTI~~ _-=-=_=.__=:=_-=11 Move a recommendation of approval to the City Commission for the text amendment to the Land Development Regulations (LDRs) Section 4.4.20(8)(5) to allow "food preparation and/or processing, including but not limited to bakeries and catering operations" as a permitted use in the Service Industry category of the I zoning district (and MIC zoning district by reference) by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LOR Section 2.4.5(M)(5). Attachment: Proposed Amendment -- -- - - MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER ~1 SUBJECT: AGENDA ITEM # 'aD - REGULAR MEETING OF MAY 3.2005 ORDINANCE NO. 25-05 DATE: APRIL 29, 2005 This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to Land Development Regulations Section 2.4.4(E), "Expiration of Approvals", to specify that extensions of time granted pursuant to Section 2.4.4(F)(4) shall not be deemed a previous extension. At its meeting of March 15,2005, the Commission approved an amendment to the Land Development Regulations (LDR) to lengthen the time frame to establish a project from eighteen (18) months to twenty-four (24) months. Pursuant to LDR Section 2.4.4(E) (2) , approvals for conditional uses, site plans, landscaping plans, architectural plans, and preliminary subdivision plats are limited to a twenty- four (24) month duration unless a different period is specifically stated in conditions of approval. During the approval period, the project shall be established pursuant to LDR 2.4.4(D), unless the time period is extended pursuant to LDR Section 2.4.4(F). The proposed amendment is to clarify that an extension under Section 2.4.4(F)(4), which relates to litigation preventing construction, is not to be considered an extension under 2.4.4(E)(2). Thus, once litigation has concluded, the time frame to establish a project shall be twenty-four (24) months; unless the litigation is not resolved within seven (7) years from the initial date of approval, then the extension procedures of LDR Section 2.4.4(F)(1), (2), and (3) would apply. The Planning and Zoning Board held a public hearing at its meeting of April 18, 2005. There was no public testimony. The Board voted 7-0 to recommend to the City Commission approval of the proposed amendment, based upon positive findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) (Amendment to Land Development Regulations). At the first reading on April 19, 2005, the City Commission passed Ordinance No. 25-05. Recommend approval of Ordinance No. 25-05 on second and final reading. s:\Ctty Clerk\agenda memos\Ord 25-05 ExpuatlOn of Approvals 244(1")94) 050305 0/\ ffJl~ II CITY COMMISSION DOCUMENT A TION II TO: DAVID T. HARDEN, CITY MANAGE~ ~ THRU: PAUL DORLlNG, DIRECTOR OF PLANNING AND ING FROM: JEFFREY A. COSTELLO, ASSIST ANT PLANNING E SUBJECT: MEETING OF APRIL 19, 2005 CONSIDERATION OF A CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.4(E) "EXPIRATION OF APPROVALS" TO SPECIFY THAT EXTENSIONS OF TIME GRANTED PURSUANT TO SECTION 2.4.4(F)(4) SHALL NOT BE DEEMED A PREVIOUS EXTENSION. II BACKGROUND/ANALYSIS II At its meeting of March 15, 2005, the City Commission approved an amendment to the Land Development Regulations to lengthen the time frame to establish a project from eighteen (18) months to twenty four (24) months. Pursuant to LOR Section 2.4.4(E)(2), approvals for conditional uses, site plans, landscaping plans, architectural plans and preliminary subdivision plats are limited to a twenty-four (24) month duration unless a different period is specifically stated in conditions of approval. During the approval period, the project shall be established pursuant to 2.4.4(0), unless the time period is extended pursuant to LOR Section 2.4.4(F). The purpose of the proposed amendment is to clarify that an extension under Section 2.4.4(F)(4), which relates to litigation preventing construction, is not to be considered an extension under 2.4.4(E)(2). Thus, once litigation has concluded, the time frame to establish a project shall be twenty-four (24) months; unless the litigation IS not resolved within seven (7) years from the initial date of approval, then the extension procedures of LOR Section 2.4.4(F)(1), (2), and (3) would apply. Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment is being initiated more for clarification purposes than to fulfill any specific Comprehensive Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. ~ PLÁNNI_~G AN~ Z0t-:JING_~O~~D C_ONSID_~RAT~~N __.~_=.~ The Planning and Zoning Board will consider the proposed text amendment at their meeting of April 18, 2005. The Board's recommendation will be provided at the City Commission meeting. II RECOMMENDED ACTION II Move to approve the attached amendment to the Land Development Regulations Section 2.4.4(E) Expiration of Approvals, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on May 3, 2005. Attachment: Proposed Ordinance \OE ----- ORDINANCE NO. 25-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y 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", AND ORDINANCE NO. 11-05 TO PROVIDE THAT EXTENSIONS OF TIME GRANTED PURSUANT TO SECTION 2.4.4(F) (4) SHALL NOT BE DEEMED TO BE A PREVIOUS EXTENSION PURSUANT TO SECTION 2.4.4(E) (2), PROVIDING FOR APPLICABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the approvals for conditional uses, site plans, landscaping plans, architectural plans and preliminary subdivision plats have been extended by Ordinance No. 11-05. WHEREAS, the City desires to clarify that an extension under Section 2.4.4(F)(4) is not to be considered an extension under 2.4.4(E)(2); and, WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on April 18, 2005 and voted 7 to 0 to recommend that the changes be approved; and, WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and further 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: Section 1. That the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by amending Section 2.4.4(E), "Expiration of Approvals", Subsection 2.4.4(E)(2), "Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, Preliminary Subdivision Plats", is hereby amended to read as follows: (E) Expiration of Approvals: (2) Conditional Uses. Site Plans. Landscaping Plans. Architectural Plans. Preliminary Subd1vision Plats: The following shall apply to unexpired development approvals that have not been previously extended and new development applications submitted prior to March 15, 2005 and to new development applications submitted after March 15, 2005. Development approvals shall be valid for a period of twenty-four (24) months, unless a different period is specifically stated in conditions of approval. During this approval period, the project shall be established pursuant to 2.4.4(D). This section shall not apply to extensions of development approvals. Extensions shall be governed by Section 2.4.4(F}: provided. however an extension granted under 2.4.4 (.F)(4) shall not be considered a previous extension under this section. 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. 2 ORD. NO. 25-05 PASSED AND ADOPTED in regular session on second and final reading on this _ day of , 2005. MAYOR A1TEST: CI1Y CLERK First Reading Second Reading 3 ORD. NO. 25-05 OK ~ CITY COMMISSION DOCUMENTATION ~ TO: D~~D A~AGER THRU: PAUL DORLlNG, DIREC OF PLANNING AND ZONING -' FROM: JEFFREY A. COSTElL SUBJECT: MEETING OF MAY 3, 2005 PRIVATELY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(AAA)(1 )(e) "ADUL T GAMING CENTER REQUIREMENTS" TO ALLOW THE USE OF GIFT CERTIFICATES, GIFT CARDS, CREDIT CARDS OR OTHER CASH SUBSTITUTES FOR PAYOUTS. II BACKGROUND I ANALYSIS II 'A privately initiated LOR text amendment has been submitted by New Hope USA, Inc. to amend LOR Section 4.3.3(AAA)(1)(c)(6), to allow the use of gift certificates, gift cards, credit cards or other cash substitutes for payouts at Adult Gaming Centers. In conjunction with the proposed text amendment, a conditional use request has been submitted by New Hope USA, Inc. who wishes to establish an Adult Gaming Center within a 1,221 sq. ft. bay at Delray Square Shopping Center Phase" (14570 South Military Trail). At its meeting of October 19, 2004, the City Commission approved an amendment to the Land Development Regulations to provide for regulations concerning Adult Gaming Facilities which are consistent with Chapter 849, Florida Statutes, (Gambling) The prohibition of gift certificates, gift cards, credit cards or other cash substitutes was specifically included to prohibit abuses associated with redemption of gift certificates or cards for cash or prizes which exceed maximum allowed values. Florida Statutes state that customers may receive a coupon or points which may be exchanged for merchandise only, excluding cash and alcoholic beverages. In order to ensure that the regulations are complied with, the City requires that the prizes be redeemed on the premises. It is noted, the applicant's request includes permitting credit cards or other cash substitutes, which would appear to be a violation of Florida Statutes. 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 amendment does not further specific Goals, Objectives and Policies of the Comprehensive Plan. and therefore should be denied. ~ PLANNING AND ZONING BOARD CONSIDERA nON II At its meeting of April 18, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. There was no public testimony regarding the proposed changes. After discussing the amendment, the Board voted 7-0 to recommend to the City Commission denial of the proposed amendment, 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. II RECOMMENDED ACTION II Move to deny on first reading the ordinance amending Land Development Regulations (LDRs) Section 4.3.3(AAA)(1 )(c), 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, with second reading to occur on May 17, 2005. Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of April 18, 2005 \aA City Commission Documentation LDR Amendment - Adult Gaming Centers Page 2 ORDINANCE NO. 29-05 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 SECTION 4.3.3(AAA), IIADUL T GAMING CENTERS", SUBSECTION 4.3.3(AAA)(1) "DEVELOPMENT STANDARDS FOR ADULT GAMING CENTERS", TO ALLOW THE USE OF GIFT CERTIFICATES, GIFT CARDS, CREDIT CARDS OR OTHER CASH SUBSTITUTES FOR PAYOUTS; 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 April 18, 2005 and voted 7 to 0 to deny that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3, "Adult Gaming Centers", Subsection 4.3.3(AAA}(1), "Development Standards for Adult Gaming Centers", 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: (1 ) Development Standards for Adult Gaming Centers: (a) No Adult Gaming Center shall be located within one thousand (1,000) feet of or in the same block as, whichever distance is greater, an existing adult gaming center, measured from lot line to lot line in a straight line. (b) Location: No adult gaming center shall be located within an historic district, on an historic site, on properties listed on the Local or National Register of Historic Places or in any Redevelopment Area. (c) Adult Gaming Center Requirements: 1. An attendant must be provided on the premises during all hours of operation. -~- - - -~-------- --- City Commission Documentation LDR Amendment - Adult Gaming Centers Page 3 2. The hours of operation shall be limited to 9:00 a.m. to 11 :00 p.m., 7 days a week. 3 No one under 18 years of age shall be allowed in the Adult Gaming Center. 4. The consumption and/or possession of alcohol shall be prohibited on the premises. 5. The license for each machine shall be attached thereto. 6. The use of gift certificates, gift cards, credit cards or other cash substitutes shall be prohibited allowed. 7. Prizes shall be limited to $.75 retail value per game played. 8. Any machine on the premises of the enterprise or business shall not violate the State's laws against slot machines and shall be in full compliance with Section 849.16, Florida Statutes. 9. The enterprise or business shall permit unlimited access to law/code enforcement officials to enter the premises and inspect any machine at any time to ensure that the provisions of this Ordinance are in compliance. 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 ---- DURAY BlACH DURA) BEACH .~"'~iÎ PLANNING AND ZONING BOARD td!td ;iiii! AlJ-Anøl..Cdy MEMORANDUM STAFF REPORT ' , III,! lLt·; ! 1'1£1 S 2001 2001 MEETING OF: APRIL 18, 2005 AGENDA ITEM: IV.C. PRIVATELY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(AAA)(1)(c) "ADULT GAMING CENTER REQUIREMENTS" TO ALLOW THE USE OF GIFT CERTIFICA TES, GIFT CARDS, CREDIT CARDS OR OTHER CASH SUBSTITUTES FOR PAYOUTS. II " II ITEM BEFORE THE BOARD The item before the Board is a privately-initiated amendment to the Land Development Regulations Section 4.3.3(AAA)(1)(c) "Adult Gaming Center Requirements", to allow the use of gift certificates, gift cards, credit cards or other cash substitutes, pursuant to LOR Section 2.4.5(M). Pursuant to LOR Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. i PROPOSED TEXT AMENDMENT f DEVELOPMENT PROPOSAL II The City has received a privately initiated LOR text amendment from New Hope USA, Inc. to LOR Section 4.3.3(AAA)(1)(c)(6), to allow the use of gift certificates, gift cards, credit cards or other cash substitutes for payouts. In conjunction with the proposed text amendment, a conditional use request has been submitted by New Hope USA, Inc. who wishes to establish an Adult Gaming Center within a 1,221 sq. ft. bay at Delray Square Shopping Center Phase II (14570 South Military Trail). The applicant has submitted a request letter which is summarized below: The request is to amend LOR Section 4.3.3(AAA)(1)(c)(6) which states that the use of gift certificates, gift cards, credit cards, or other cash substitutes shall be prohibited. If approved, the amendment would allow the applicant to use gift certificates and gift cards, which he states may be exchanged for merchandise only excluding cash and alcoholic beverages. The request letter states that in compliance with Florida Statutes, in Palm Beach County many adult gaming centers are conducting business in the same manner. 'Within a 2-3 (mile) radius there are several business in this area. If gift cards and gift certificates are not used like other businesses in competition (with) our gaming center, (we) will be out of business. Before taking great risk, we would like to request to the City Commission of the City of Delray Beach please review LOR Section 4.3.3(AAA)(1 )(C)(6) and allow us to use gift certificates and gift cards, which can only be exchanged for merchandise." IV.C. P & Z Board Memorandum Staff Report LDR Amendment - Adult Gaming Centers Page 2 II BACKGROUND I ANALYSIS II At its meeting of October 19, 2004, the City Commission approved an amendment to the Land Development Regulations to provide for regulations concerning Adult Gaming Facilities. The amendment was initiated to provide clarification and regulations regarding adult gaming centers, which are consistent with Florida Statutes. The intent of the provisions is to regulate gaming centers that oftentimes mimic the look and atmosphere of gambling venues, but are operated in accordance with Chapter 849, Florida Statutes, (Gambling). The regulation of these venues ensures that they are permitted as a conditional use in the appropriate compatible zoning classification of General Commercial (GC) and Planned Commercial (PC), and establishes criteria to ensure reduction in any secondary effects that would have a negative impact on the general public as well as the area surrounding the use. The regulations do not permit adult gaming centers within 1,000 feet of an existing adult gaming center and do not permit the use within a designated redevelopment area. The City Commission of the City of Delray Beach, Florida, has determined that game rooms or enterprises offering coin-operated amusements also known as adult gaming centers require locational standards and additional regulations and requirements to ensure and protect the public health, safety, morals and welfare. The prohibition of gift certificates, gift cards, credit cards or other cash substitutes was specifically included to prohibit abuses associated with redemption of gift certificates or cards for cash or prizes which exceed maximum allowed values. Florida Statutes state that customers may receive a coupon or points which may be exchanged for merchandise only, excluding cash and alcoholic beverages. In order to ensure that the regulations are complied with, the City requires that the prizes be redeemed on the premises. While the applicant states that Palm Beach County may not have the same requirement, there are many uses that have additional or different requirements depending on the municipality. In fact, in some municipalities in Broward County, this type of use is not allowed. Each municipality has the right to impose regulations as they deem necessary and reasonable to ensure public heath, safety and welfare and to protect properties from negative effects. If the applicant feels the City's requirements will not enable him to conduct his business in the manner he wished or to compete with other businesses, he may want to reconsider the proposed location. 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 amendment does not further specific Goals, Objectives and Policies of the Comprehensive Plan. And therefore should be denied. II REVIEW BY OTHERS II The proposal is not in a geographical area requiring review by the DDA (Downtown Development Authority), CRA (Community Redevelopment Agency) or HPB (Historic Preservation Board). - ----- -- -- -- - --- P & Z Board Memorandum Staff Report LDR Amendment - Adult Gaming Centers Page 3 Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: D PROD D President's Council Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. II AL TERNA TIVE ACTIONS II 1. Continue with Direction. 2. Move to recommend to the City Commission denial of the proposed text amendment to the Land Development Regulations (LDRs) Section 4.3.3(AAA)(1)(c) 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. 3. Move to recommend to the City Commission approval of the proposed text amendment to the Land Development Regulations (LDRs) Section 4.3.3(AAA)(1)(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. II RECOMMENDED ACTION II Move to recommend to the City Commission denial of the proposed text amendment to the Land Development Regulations (LDRs) Section 4.3.3(AAA)(1 )(c) 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. Attachment: Proposed Amendment . ~ . [IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090' FACSIMILE 561/278-4755 DELRA Y BEACH Writer's Direct Line. 561/243-7091 f l 0 . I D A adtd AlJ.Amerlca City ~~II'!' MEMORANDUM DATE: April 22, 2005 TO: City Commission David Harden, City Manager µ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Reclaimed Water Ordinance Ordinance No. 27-05 provides guidelines for the use of reclaimed water. A draft of this ordinance was presented to the Commission at its April 12, 2005 workshop meeting. The definition of "Utility Service Area" was modified in an attempt to provide a clearer definition. This ordinance provides the rates, connection requirements and other guidelines governing the use of reclaimed water. This ordinance also includes a change to Section 52.19 to clarify that separate meters, off of the potable water system, shall not be allowed for irrigation systems when reclaimed water is available. Our office requests that this item be placed on the May 3, 2005 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Richard Hasko, Director of Environmental Services , ;t.ß . . ORDINANCE NO. 27-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORI DA, AMENDING THE CODE OF ORDINANCES, BY ENACTING CHAPTER 59, "RECLAIMED WATER", TO PROVIDE FOR GUIDELINES REGARDING THE USE OF RECLAIMED WATER; AMENDING SECTION 52.19, "VEGETATION WATER METERS", TO CLARIFY THE USE OF VEGETATION WATER METERS VERSUS RECLAIMED WATER METERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, potable water and groundwater are valuable resources which must be conserved; and WHEREAS, reclaimed water is also a valuable resource which can safely be used for irrigation purposes, thereby substantially contributing to the conservation of groundwater and potable water; and WHEREAS, the City of Delray Beach has determined to establish a reclaimed water system which would make reclaimed water available for irrigation; and WHEREAS, such reclaimed water system serves a valid public purpose in helping to conserve water resources. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, THAT: Section 1. Chapter 59, "Reclaimed Water", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: CHAPTER 59. RECLAIMED WATER Sec. 59.01. AUTHORITY AND PURPOSE. This article is created in accordance with section 403.064, Florida Statutes, and provides for the encouragement and use of reclaimed water to protect the environment and conserve the City of Delray Beach's potable water supply. Subject to the direction of the City Commission, all powers, duties, and authorities relating to the operation of the facilities of the Environmental Services Department, are vested in the Director of the Environmental Services Department unless specifically vested elsewhere by the provisions of this Chapter. In the absence of the Director of the Environmental Services Department an individual specifically appointed by the City Manager, may assume the powers, duties, and authority vested by this section. · Sec. 59.02. APPLICABILITY. This Chapter shall apply within the utility service area of the City of Delray Beach, as hereinafter defined and amended from time to time, and shall be liberally construed to effectuate the purposes set forth herein. Sec. 59.03. OBJECTIVE. The objective of this Chapter is to set forth requirements for the use of reclaimed water and the construction of reclaimed water facilities within the City of Delray Beach to be in compliance with all applicable federal and state laws, rules, and regulations as they pertain to reclaimed water. Sec. 59.04. DEFINITIONS. As used in this article, the following words and phrases have the meaning ascribed herein, unless a different meaning is set forth in another section of this Chapter or the context clearly indicates othelWise. Backflow prevention assembly. A backflow prevention assembly shall mean a device and/or method of construction used to prevent backflow into a potable and/or reclaimed water system. The type of assembly used shall be based on the degree of hazard, either existing or potential. City. City of Delray Beach, Florida, a municipal corporation. Cross connection. Any physical arrangement whereby a potable and/or reclaimed water supply is connected, directly or indirectly, with any other system capable of imparting contamination to the potable and/or nonpotable water supply as the result of backflow. Customer. Any person, dwelling unit, agent, property owner, developer, user, company, municipal corporation, political subdivision, homeowners association or other entity which accepts or receives reclaimed water service or benefits directly from services rendered by the department. Department. The City of Delray Beach Environmental Services Department. Director. The Director of the City of Delray Beach Environmental Services Department or the duly authorized representative. Dwelling unit. A single unit designated or intended for one-family occupancy (a household of one (1) or more persons), including, but not limited to, one (1) single- family house, one-half ( 1/2) of a duplex, one (1) apartment, or one (1) mobile home. 2 Irrigation. The use of water to maintain and enhance the growth of lawns, shrubs, trees, or edible crops as set forth in Chapter 62-610, Florida Administrative Code. Person. Includes individuals, firms, associations, joint ventures, partnerships, estates, trusts, corporations, and all other groups or combinations. Point of service. The outlet side of the Department's reclaimed water meter box or other point identified on construction plans which ends the Department's ownership, operation and maintenance responsibility. Property owner. One in whom the legal title to real estate is vested as recorded in the public records of the State of Florida. Reclaimed water. Water that has received at least secondary treatment and basic disinfection and is reused after flowing out of a wastewater treatment facility (Florida Administrative Code, Chapter 62-610). Reclaimed water distribution system. A network of pipes, pumping facilities, storage facilities, and related appurtenances designed to convey and distribute reclaimed water from one (1) or more wastewater treatment facilities up to the Department's side of the point of service. Reclaimed water irrigation system. A network of pipes, pumping facilities, storage facilities, sprinkler heads, and appurtenances on the customer's side of the point of service designed to convey and apply reclaimed water. Retail Customer. Any single family residential connection regardless of meter size, and any multi-family residential or non-residential connection requiring a meter size less than two inches. Service. The readiness and ability on the part of department to furnish reclaimed water to the property. Service initiation. The date a reclaimed water meter is installed. Utility Service Area. The area encompassed by the City's Planning Area as shown on the Future Land Use Map in the City's Comprehensive Plan exclusive of the Country Club Acres development lying west of Military Trail. Wholesale Customer. Any multi-family residential or non-residential connection requiring a meter size of two inches or larger. Sec. 59.04. ADOPTION OF CHAPTER 62-610, FLORIDA ADMINISTRATIVE CODE. The rules and regulations appearing in Chapter 62-610, F.A.C., as may be amended from time to time, are hereby adopted by reference as though fully set forth within this 3 article and shall apply within the City as an ordinance. In the event of any variation between the provisions of Chapter 62-610, F.A.C., and the provisions of this article, the more strict provision shall prevail. The violation of Chapter 62-610, F.A.C., shall be deemed a violation of this section. Sec. 59.06 USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH UTILITY SERVICE AREA. (A) Reclaimed water service will be made available within the City's Utility Service Area as the transmission system is extended and treatment capacity becomes available. (8) Reclaimed water service will be deemed available when facilities necessary for connection to the customers' irrigation system are activated to the customers' point of service. Easements may be required across private property to accommodate extension of the transmission system to the customers' point of service. I n the event that such required easements are not granted by the customer, reclaimed water will be deemed available when facilities are placed in service abutting any point on the customers property line. (C) Customers shall have ninety (90) days from the date of notification from the City of service availability to connect irrigation systems to the reclaimed water system with no fees assessed by the City. Customers connecting after that time will be assessed meter installation charges. After the stated 90 day period, customers requiring irrigation water that remain unconnected to the reclaimed water system will be assessed a monthly capacity charge as listed in section 59.09. Upon connection to the reclaimed water system, the capacity charge will cease. (D) Connection of an irrigation system to the customer's side of the reclaimed water meter is the responsibility of the customer and shall be performed at the customer's expense. (E) Should the customer require reclaimed water of quality or pressure varying from that normally supplied by the City, the customer shall be responsible for any devises necessary to make these adjustments, provided, however, that such devices will require prior approval by the City. Sec. 59.07. CONNECTION TO THE RECLAIMED WATER DISTRIBUTION SYSTEM. (A) Meters required. Meters are required on all reclaimed water service connections. No person or property shall have access to the reclaimed water distribution system or use reclaimed water without delivery of same through a meter. All reclaimed water meters shall be furnished and installed by an employee or authorized person of the Department, and shall remain the property of the Department. The minimum meter size for connection to the City's reclaimed water system is three-fourths of one inch. Required meter size for any connection will be determined by the Environmental 4 ~- Services Department on the basis of the irrigation system required pressure and flow characteristics as provided by the Customer (B) Rules, regulations and fees. The City may establish, revise, modify and enforce rules, regulations and fees pertaining to the provision of reclaimed water service. Such rules, regulations, and fees, which are subject to the approval of the City, are set forth in this ordinance, and shall be binding upon all property owners, customers, agents, and assigns required to use and/or using reclaimed water. (C) Operation and maintenance responsibilities for the reclaimed water iffigation system. The operation and maintenance of the reclaimed water irrigation system shall be the sole responsibility of the customer and/or Property Owner utilizing reclaimed water from said system. The customer and/or Property Owner shall provide reasonable access to the Department for periodic inspections of the operation and maintenance of the reclaimed water irrigation system. Failure by the customer and/or Property Owner to properly operate and maintain said reclaimed water irrigation system in accordance with federal, state, and local laws, rules and regulations, shall constitute a violation of this article and be subject to enforcement action as set forth herein below. Sec. 59.08. ACCESS TO WATER METERS. It shall be unlawful for any person to interfere with, effectively deny, or to restrict in any manner, full access to City reclaimed water meters or their appurtenances by the City's agents or employees, for the purposes of making necessary periodic readings, repairs, removal, or disconnection of service on said meters or their appurtenances. Such interference may include, but shall not be limited to, use of locked gates or fences, presence of animals, physical barriers, or overgrown vegetation Sec. 59.09. FEES, RATES & CHARGES. (A) Charges for reclaimed water use will be based on metered flows and will be billed on a monthly basis per 1000 gallons in accordance with the following schedule: 1. Retail customer rate $ 1.00 2. Wholesale customer rate $ 0.24 (B) Meter installation charges, when applicable, shall be as listed in Chapter 52, section 52.32. (C) Capacity charge, when applicable, shall be as listed in Chapter 52, Section 52.34(B). Sec. 59.10. INSPECTIONS. (A) To ensure that the provisions of the City's ordinances, regulations and procedures are being observed, the City shall inspect, secure or remove, as necessary, any or all 5 devices, including but not limited to, backflow preventers, valves, fittings, pipes and sprinklers which connect to or control the reclaimed water. (8) The refusal by a consumer to permit an authorized City agent or employee to enter a premises for the purpose of inspecting an irrigation system may result in the immediate discontinuance of the reclaimed water service in the discretion of the City. (C) The City shall inspect all connections to the reclaimed water system prior to the connection being placed in service. Sec. 59.11. CONTROL OF BACKFLOW AND CROSS CONECTION. Refer to Code of Ordinance Sections 52.80 - 52.83. Sec. 59.12. DAMAGE TO THE RECLAIMED WATER DISTRIBUTION SYSTEM. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, or deface any structure, appurtenance or equipment which is part of the reclaimed water distribution system. All costs to repair any damage to the reclaimed water distribution system and/or all costs associated with additional treatment or alternative disposal requirements resulting from said action, shall be assessed to the person(s) responsible. Sec. 59.13. APPROVED USES OF RECLAIMED WATER. Reclaimed water shall be used in accordance with applicable federal, state, and local laws, rules and regulations. Pursuant to this Chapter, reclaimed water may be used for irrigation of residential and nonresidential lawns, golf courses, cemeteries, parks, landscaped areas, edible crops (as set forth in Chapter 62-610, Florida Administrative Code), highway medians, dust control on construction sites, mixing of concrete, and cleaning of roads and sidewalks. Any other use of reclaimed water must be approved in writing by the Director prior to said usage. Sec. 59.14. PROHIBITIONS FOR USE OF POTABLE WATER, RECLAIMED WATER AND THE RECLAIMED WATER DISTRIBUTION SYSTEM. No person shall use reclaimed water unless in accordance with federal, state, or local laws, rules, or regulations. Pursuant to this article, no person shall: (A) Use potable water for irrigation of landscaped areas where reclaimed water is available for such purpose. (8) Utilize aboveground hose bibs. Hose bibs shall be located in lockable, below grade vaults and clearly marked as being of non-potable quality. All vault covers shall be color-coded purple and shall be kept locked when not in use. 6 -- ---- -- - - - - (C) Use reclaimed water for the filling of swimming pools, hot tubs, wading pools, or decorative fountains. (D) Pipe reclaimed water into or use reclaimed water inside of any building or structure. (E) Cut and/or remove a Department-installed lock; tamper with the meter, bypass, or reverse a reclaimed water meter; use, alter or make any connection to the reclaimed water distribution system unless prior written approval has been given by the Director, and an employee or authorized person of the Department is present at the time of said approved action. (F) Sell, barter, trade or otherwise transfer reclaimed water to any other person or entity. (G) Cause a cross connection between a potable water supply and the reclaimed water distribution system or the reclaimed water irrigation system, or violate a provision or requirement of City Ordinances pertaining to backflow prevention or cross connection control. (H) Setback Distances shall be maintained as required in chapter 62-610, F.A.C. Sec. 59.15. SERVICE INTERRUPTION. (A) The City reserves the right to discontinue service to any portion of, or the entire, reclaimed water system as deemed necessary by the Director. (B) The Director shall have the authority to establish schedules which restrict the use of the reclaimed water system at certain times in order to reduce maximum pressure demands on the system and to regulate usage during periods of limited reclaimed water availability. Sec. 59.16. CITY RESPONSIBILITY. The City will reasonably attempt to deliver an adequate supply of reclaimed water of good quality at all times. However, no assurances or guarantees shall be provided to customers or to others regarding the quantity or quality of the water due to circumstances beyond their control. Sec. 59.17. LOCATION. The location of reclaimed water service lines and points of delivery to private property shall be determined by the City. The normal location of the reclaimed water point of delivery (including meter when required) is behind the right-of-way line on the property being served. 7 Sec. 59.18. METER REQUIREMENTS. Appropriately sized meters shall be required for all commercial, industrial, and multi- family dwelling unit uses as determined by the Director. Sec. 59.19. SHALLOW POTABLE WELLS. (A) The City shall not provide reclaimed water service where shallow wells, the existence of which is known by the City, are a source of potable water and where buffer zone requirements of the Florida Department of Environmental Regulation cannot be maintained. (8) No person shall install a shallow well intended for use as a source of potable water for property where reclaimed water and potable water connections are available. Sec. 59.20. USE OF RECLAIMED WATER. Reclaimed water service may be provided as a source of water for cooling and miscellaneous process applications. However, reclaimed water may not be piped into any building used for residential purposes. Any effluent reclaimed water from cooling and/or process use must be discharged to the sanitary sewer and must meet all city, state and federal discharge regulations. A sewer charge for processing of said discharge will be applied in addition to the cost of the reclaimed water. Any discharge to the City's sanitary system must meet the City's minimum pre-treatment standards. Sec. 59.21. RUN-OFF CONTROL. Customers shall be responsible for the operation of their private reclaimed water systems in a prudent manner to ensure that neither ponding nor run-off from the system occurs. Sec. 59.22. DISCONTINUATION OF RECLAIMED WATER SERVICE. (A) Immediate threat to public health. The Director may issue a stop usage notice requiring the customer and/or property owner to immediately cease using reclaimed water if said usage is deemed to present or cause an immediate threat or substantial endangerment to the health, safety or welfare of the public, to the environment, or to the operations of the City's reclaimed water distribution system. Any such finding shall be included in the Director's notification to cease usage of said reclaimed water. Should the customer not comply with the stop usage notice, the Department may immediately discontinue service of reclaimed water to the property. All expenses incurred by the Department to discontinue said service and/or any and all damages associated with the use of the reclaimed water shall be borne by the customer and/or property owner. (8) Other violations. Notwithstanding the provisions as set forth in paragraph (A) hereinabove, the Director shall, upon discovery of a violation of this article, notify the 8 customer and/or property owner of said violation by certified mail or by placing a notice on the property or by any other reasonable means. The notice of violation shall set forth the specific violation, the corrective action to be taken by the customer and/or the property owner, and the period of time by which the customer and/or property owner must correct the violation. Should the customer and/or property owner not correct said violation within the designated period of time, the Department shall discontinue service of reclaimed water to the property until said violation is corrected and all fees associated with the disconnection and/or reconnection of service to said property are paid in full by the customer and/or property owner. Sec. 59.99 PENAL TV. See Section 10.99 of the Code of Ordinances. Section 2. Chapter 52, 'Water", Section 52.19, "Vegetation Water Meters", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 52.19 VEGETATION WATER METERS. (A) Separate vegetation water meters for the purpose of watering or irrigation of vegetation or other plant life shall be permitted in an area east of a line which approximates Interstate 95 from the north City limit to Linton Boulevard, then east to Southwest 4th Avenue, then south along Southwest 4th Avenue (and extensions thereof) to the south City limit, or a line in close proximity thereto as may be established by the Director of Environmental Services; however, no such separate meters shall be permitted on single-family residential properties, except where a single-family home is located on an individual lot or in a subdivision where a restriction of such use has not been imposed during development approval. Properties that are capable of beinq served bv reclaimed water. as provided in Chapter 59. shall not be allowed to have a separate veqetation water meter. No separate vegetation water meter shall be permitted west of said line except as provided in division (B) below. (B) A separate vegetation water meter shall be permitted west of said line where the Director of Environmental Services determines that the chloride content of the on- premises or available groundwater renders it unsuitable for irrigation purposes. (C) Said separate vegetation water meter shall serve a water system, and the water flowing from and through such shall be used exclusively for the watering or irrigation of vegetation or other plant life. No connection to said system shall be made for purposes other than the watering or irrigation of vegetation or other plant life. (D) The use of City water for irrigation purposes may be allowed on a case-by-case basis anywhere in the City where and when appropriate for good and sufficient purposes, and when there will be no adverse effects on the municipal water system. Such approval may be granted only by the Director of Environmental Services with the 9 concurrence of the City Manager. Good and sufficient purposes may include, but are not limited to, irrigation of areas small in size or resulting in minimal demand on the water system, or where the siting of a well is not appropriate. Section 3. That should any section or provision of this ordinance, or any portion thereof, or 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 the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,200_. MAYOR ATTEST: City Clerk First Reading Second Reading 10 Message Page 1 of2 fA Harden, David From: Hamilton, Harry Sent: Thursday, April 28, 2005 4:57 PM To: Ruby, Susan; Harden, David; Safford, Joseph Subject: RE: General Pension Plan Amendment Given the current situation I think the change would be wonderful and I don't see it causing a future major impact from a cost standpoint. It may never happen again. H2 Harry J. Hamilton Director, Human Resources City of Delray Beach 100 N.W 1stAvenue Delray Beach. Florida 33444 561-243-7084 561-243-7082 (Fax) b.ªJ!1jj\9..D@çi.@J[ÇIy:..~ªch flJ,!~ -----Original Message----- From: Ruby, Susan Sent: Thursday, April 28, 20054:49 PM To: Harden, David; Safford, Joseph Cc: Hamilton, Harry Subject: FW: General Pension Plan Amendment In response to the letter from Joe Safford regarding the issue of credited service if on should die within a month prior to vesting or partial vesting in the pension plan, I have asked Jim linn to prepare an ordinance to address the matter as both he and I concur that to effectuate the intent of giving additional credited service that an amendment to the plan is necessary. Please review and let me know what you think. If you want to we could get this ordinance on for first reading on May3rd. Susan A. Ruby -----Original Message----- From: Jim Linn [mailto:jlinn@lIw-law.com] Sent: Thursday, April 28, 2005 3:31 PM To: Ruby, Susan Subject: General Pension Plan Amendment OK - how about this? Jim James W. Linn Lèwis, Longman & Walker, P.A. Post Office Box 10788 Tallahassee, FL 32302 (850) 222-5702 (850) 224-9242 (Facsimile) THE INFORI\1ATION CONTAINED IN THIS ELECTRONIC MESSAGE IS ATTORl"iEY WORK PRODUCT AND ATTORNEY/CLIENT PRIVILEGED A.'\"D CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS l'iOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED 4/2912005 \ 6LC- Message Page 2 of2 THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDlA TEL Y NOTIFY US BY TELEPHONE OR E-MAil" AND DELETE THIS MESSAGE. THANK YOU. *** eSafe scanned this email for malicious content *** *~* IMPORTANT: Do not open attachments from unrecognized senders *** -~ 4/29/2005 _________M _ 4/28/05 ORDINANCE NO. 30-0S- 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 PROVIDE FOR A MEMBER WHO DIES WITHIN THIRTY DAYS PRIOR TO ATTAINING FNE YEARS OF CREDITED SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A V ALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan'\ of the Code of Ordinances of the City of Delray Beach is hereby amended by amending section 35.089, "Definitions", to read as follows: Sec. 35.089. DEFINITIONS. Credited service. The period of continuous City employment from the employee's most recent date of hire to the date of termination 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 Uniformed Services Employment and Reemployment Rights Act of 1994, as amended from time to time. Credited service shall include all periods of paid leave, and unpaid leave up to and including thirty (30) days in any calendar year. Unpaid leave in excess of thirty (30) days in any calendar year shall be excluded from credited service, except as otherwise required by the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended from time to time. The credited service of any member whose City employment is terminated by reason of the member's death within thirty (30) days prior to attaining five years of credited service shall be deemed to include the period between the member's death and the date on which the member would have attained five years of credited service. Credited service shall also include, for purposes of vesting and determining eligibility for normal retirement only, the years and completed months of a member's full-time employment with the ", 2 City as a police officer or firefighter subsequent to membership in this plan. Such service shall not be considered in determining 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, and shall apply retroactively to May 1, 2005. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,2005. MAYOR ATTEST: City Clerk First Reading --... Second Reading ~ -- - ------ --- --~- - -