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09-17-13 Regular MeetingMEMORANDUM 'A z TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 5, 2013 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 DISCUSSION REGARDING A TWO -YEAR WAITING PERIOD FOR FORMER COMMISSIONERS BEFORE BEING ELIGIBLE FOR APPOINTMENT TO CITY BOARDS ITEM BEFORE COMMISSION The item before the Commission is a discussion item to determine if the Commission wishes to enact a two year waiting period, following their last day in office, for former Commissioners to be eligible for appointment to City boards. BACKGROUND At the September 3, 2013 Regular Meeting, there was a 2 -2 vote (Vice Mayor Jacquet was absent) resulting in No Action Taken with a consensus to bring this item back for further consideration. Palm Beach County passed a resolution earlier this year providing for a two year waiting period for former County Commission members from being appointed to a County board. I have attached the resolution along with County agenda item summary. I believe this issue was briefly talked about at an earlier Commission meeting, however, I do not believe any direction was given to staff regarding this matter. If the Commission wishes to adopt a similar rule, I would suggest that this change be made to our ordinance regarding board appointments. Agenda Item #: 6,4wA PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 5, 2013 [ ] Consent [X] Regular [ ] Ordinance [ ] Public Hearing Department: Submitted By: County Administration Submitted For: Countv Administration I. EXECUTIVE BRIEF Motion and Title: Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida consolidating and updating the uniform policies and procedures for Palm Beach County advisory boards, committees, and commissions; repealing Resolutions R95 -1806, R2002 -1606, R2010 -1941, and R2011 -0946 respectively; and providing for an effective date. Summary: This Resolution consolidates and updates the uniform policies and procedures for advisory boards; including Code of Ethics requirements, current and former County employee and Commissioner eligibility to serve, terms of service, travel policy and absences. In accordance with Board discussion on January 15, this proposal includes lanouage providing for a two vear waiting period before a former commis Qper can be appointed to any —y olt also sets standar�Tc 3 year erms o service (to match ethics training requirements), but without proposing a limit in the number of terms that can be served. If the Board chooses to set term limits, nine (9) years is recommended to conform to 3 year terms and ethics training requirements. Countywide (TKF) Background and Policy Issues: In 1991, the BCC adopted a Resolution establishing a set of uniform policies and procedures for County advisory boards, committees and commissions. The last update to these policies and procedures was done in 1995. Under separate Resolutions, the BCC adopted an absentee policy (R2002- 1606), a travel policy (R2010- 1941), and a policy relative to County employee's eligibility to serve (R2011- 0946). This Resolution consolidates these policies and updates other sections to bring them into alignment with new requirements such as the Code of Ethics and annual narrative report. Regarding terms limits, staff is concerned that limits will impact long serving, well thought of, appointees and that some boards will be unable to fill resulting vacancies. Attachments: 1. Proposed Resolution 2. Resolution R95 -1806 (uniform policies and procedures for advisory boards, etc.) 3. Resolution R2002 -1606 (Absences) 4. Resolution R2010 -1941 (Travel) 4. Resolution R2011 -0946 (County employee's eligibility to serve) Recommended by: Department Director Date Approved By: ( o, ( County Administrator I Date Resolution No. 2013-_U93 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, ESTABLISHING AND UPDATING THE UNIFORM POLICIES AND PROCEDURES FOR PALM BEACH COUNTY ADVISORY BOARDS, COMMITTEES, AND COMMISSIONS; REPEALING RESOLUTIONS 1195- 1805, R2002- 11306, R2010 -1941, AND R2011 -0946 RESPECTIVELY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Palm Beach County, Florida, is served by a number of advisory boards, committees, commissions, task forces, and authorities which have been established by the Board of County Commissioners from time to time; and WHEREAS, the Board of County Commissioners of Palm Beach County, Florida, adopted Resolution R95 -1806, which established uniform policies and procedures for said advisory boards; and WHEREAS, the Board of County Commissioners of Palm Beach County, Florida, adopted Resolution R2002 -1606, which established attendance policies for said advisory boards; and WHEREAS, the Board of County Commissioners of Palm Beach County, Florida, adopted Resolution R2010 -1941, providing for approval authority to the County Administrator and Deputy County Administrator for advisory board member travel; and WHEREAS, the Board of County Commissioners of Palm Beach County, Florida adopted Resolution R2011 -0946, which modified the policy to allow a County employee to serve on said advisory board when County employee is an elected official within Palm Beach County; and WHEREAS, It is desirable to repeal Resolutions R95 -1806, R2002 -1606, 82010 - 1941, and R2011 -0946 and reestablish up -to -date policies into one all encompassing ......... .. document which includes specific procedures to ensure compliance with the Board of County Commissioners directives, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: Section 1. Repeal of Prior Resolutions &00J00129 9 -1806, 132002-1606, 96 r 10 their latiMly, Section 2. Board Appointments The procedure for at-large and district appointments to advisory boards, committees, commissions, task forces, and authorities (hereinafter referred to as "boards" shall be established by a -0-o n' Policy and Procedure Mamora X CuM (hereinafter referred to as a "PPM") to ensure consistency with agenda submittal and review procedures. Included in the PPM shall be Post-appointment procedures to make sure appointees are aware of the requirements of serving on the board. The provisions in this Resolution shall be applicable to boards created by the Board of County Commissioners and may be waived upon majority vote by the Board of County Commissioners. Section ,J. Maximum Number of Boards The maximum number of boards that an individual appointed by the Board of County Commissioners may serve on at one time shall be three (3), except that no individual may serve on more than one (1) board if doing so would violate Article 11, Section 5(a) of the Florida Constitution, which prohibits dual - office holding. Section 4. Terms of Office Terms of office for board members shall be three years. This term shall not apply to any board created by statute or other binding rule which specifies a different term, Section 5. Vacancies Vacancies occurring during a term shall be filled for the unexpired term. Section A. Number of Terms Served There shall be a limit of three consecutive three year terms, unless dictated otherwise by statute or other binding rule. Section 7. Removal All at-large members of boards appointed by the Board of County Commissioners serve at the pleasure of the Board of County Commissioners and may be removed without cause upon majority vote by the Board of County Commissioners. All members of boards that are classified as District appointees serve at the pleasure of their district Commissioner and may removed without cause by the District Commissioner. This provision shall not apply if a statute or other binding rule provides for a different removal process. Section 8. Removal for Lack of Attendance Members of boards shall be automatically removed for lack of attendance. Lack of attendance is defined as a failure to attend three (3) consecutive meetings or a failure to attend more than one -half of the meetings scheduled during a calendar year. Participation for less than three fourths of a meeting shall be the same as failure to attend a meeting. Members removed pursuant to this paragraph shall not continue to serve on the board and such removal shall create a vacancy, unless otherwise provided by statute or other binding rule. Section 9. ualification as a Candidate Board members shall not be prohibited from qualifying as a candidate for elected office. Section Ia. Elialbility to Serve County employees, other than Commissioners Aides, may not be appointed to boards except where technical /professional representation and county employee eligibility are specifically set forth in the document creating the board or where the County employee is an elected official within Palm Beach County and is nominated for inclusion on the board by an entity other than the Board of County Commissioners. Employees of other units of local government may not represent their respective governments on boards, unless otherwise provided by statute or other rule of law. Former Board of County Commission members may not be appointed to boards for at least two years following their last day in office as a County Commissioner. Section 1.i. Number of MeMbers The preferred limit on the number of members on a board shall be nine (9), provided, and the maximum number - piembers shall not exceed eleven (11). This limitation shall not apply to any board created by statute or other binding rule requiring a different specified number of members. Section J2. Residency Requirement All board members must be residents of Palm Beach County at the time of appointment and while serving on the board. Exemptions to this requirement are allowed when circumstances warrant outside technical/professional representation, or if statute or other rule specifies. Section 1$. Supshine Law ' State Code of Ethics All boards are to comply with the Sunshine Law and State Code of Ethics. Reasonable public notice of all board meetings shall be provided. All meetings of the board shall be open to the public at all times and minutes shall be taken at each meeting. Section 14. Palm Beach County Code of Ethics Board members are to comply with the applicable provisions of the Palm Beach County Code. of Ethics as codified in Section 2 -254 through 2 -260 of the Palm Beach County Code. Section 15. State Financial Disclosure Appointees to boards that are required to submit a Statement of Financial Interests with the State of Florida Commission on Ethics will be notified that failure to submit a Statement of Financial Interests within 30 days of appointment shall result in invalidation of the appointment Section A Travel Expenses, Relmbursement.and Approval Authority Travel reimbursement is limited to expenses Incurred only for travel outside Palm Beach County necessary to fulfill board member responsibilities when sufficient funds have been budgeted and are available as set forth in PPM CW -0 -038. No other expenses are reimbursable except documented long distance phone calls to the liaison County department. Approval authority for pre - authorized board member travel is designated to the County Administrator and Deputy County Administrator and shall be in accordance with Countywide Policy and Procedures memoranda (PPM) CW -F -009. Section JZ. Annual Narrative Report Each board listed in PPM CW -0 -60, as may be amended from time to time, shall submit an annual narrative report to the Agenda Coordinator. The form, substance, and submittal dates for annual narrative reports are established by PPM CW -0-060. An Annual Narrative Report dog§ not have to be submitted if the board is required to submit a report a least quarterly through ordinance, law, or some other legal document. Section A Conduct of Meeting A quorum must be present for the conduct of all board meetings. A majority of the members appointed shall constitute a quorum. All meetings shall be governed by Robert's Rules of Order. Section jj. Conflict with Federal or State Law or County Charter Any statutory or Charter provisions in conflict with this Resolution shall prevail. Section 20. Effective Date The provisions of this Resolution shall be effective March 1, 2013. The foregoing resolution was offered by Commissioner Taylor who moved its adoption. The motion was seconded by Commissioner Vane , and upon being put to a vote, the vote was as follows: Commissioner Steven L. Abrams, Mayor - Aye Commissioner Priscilla A. Taylor, Vice Mayor - Ave Commissioner Hai R. Valeche - Ngy Commissioner Paulette Burdick - Nay Commissioner Shelley Vana - Aye Commissioner Mary Lou Berger - _Ave Commissioner Jess R. Santamaria - Nay The Chair thereupon declared the Resolution duly passed and adopted this 5th day of February_ _ _ , 2013. Palm Beach County, Florida by its Board of County Commissioners Sharon R. Bock, Clew%W" BY: JOLORV, Approved as to Form and Legal Sufficiency By: Assista Coun y Attorney STATE OF FLORIDA, COUNTY 1, SHARON R. 1?00lc, Cloy certify this 10 to a lnm and ca tiled 1n Of once arr JAZE MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 11, 2013 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 RESOLUTION NO. 41-13 ITEM BEFORE COMMISSION Resolution No. 41 -13 regarding the policy governing the reasonable opportunity to be heard. BACKGROUND During the 2013 Legislative Session, the Florida Legislature adopted CS /CS /SB 50, creating Section 286.0114, Florida Statutes, effective October 1, 2013 ( "Act "). The Act requires that members of the public be given a reasonable opportunity to be heard before the City Commission or any City board or committee takes official action on a proposition. The Act clarifies that the opportunity to be heard does not need to occur at the same meeting that official action is taken if an opportunity to be heard was previously afforded at a prior meeting during the decision - making process within reasonable proximity to the official action. The Act does not apply to ministerial acts, emergencies and meetings that are not open to the public. Additionally, the Act does not apply to meetings during which the City Commission, City board or committee is acting in a quasi-judicial capacity, but does not affect the right of a person to be heard at a quasi-judicial meeting as otherwise provided by law. The Act provides that the City Commission, City board or committee may adopt rules or policies governing the opportunity to be heard and does not prohibit the City Commission or any City board or committee from maintaining orderly conduct or proper decorum in a public meeting. Attached is a proposed resolution adopting a policy governing the reasonable opportunity to be heard in accordance with the Act. The resolution establishes an opportunity for the public to be heard at City Commission meetings on the matters that do not qualify for a public hearing. The resolution also establishes (consistent with the Act) the opportunity to be heard at City board or committee meetings since their rules do not all provide for such public input. RECOMMENDATION Recommend approval of Resolution No. 41 -13. RESOLUTION NO. 41 -13 A RESOLUTION OF THE CITY OF DELRAY BEACH, ADOPTING A POLICY GOVERNING THE REASONABLE OPPORTUNITY TO BE HEARD ON A PROPOSITION BEFORE THE CITY COMMISSION OR ANY CITY BOARD OR COMMITTEE, IN ACCORDANCE WITH SECTION 286.0114, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE; WHEREAS, during the 2013 Legislative Session, the Florida Legislature adopted CS /CS /SB 50, creating Section 286.0114, Florida Statutes, effective October 1, 2013 ( "Act "); and WHEREAS, the Act requires that members of the public be given a reasonable opportunity to be heard by the City Commission or any City board or committee before taking official action on a proposition; and WHEREAS, the Act clarifies that the opportunity to be heard does not need to occur at the same meeting that official action is taken if an opportunity to be heard was previously afforded at a prior meeting during the decision - making process within reasonable proximity to the official action; and WHEREAS, the Act does not apply to ministerial acts, emergencies and meetings that are not open to the public. Additionally, the Act does not apply to meetings during which the City Commission, City board or committee is acting in a quasi - judicial capacity (but does not affect the right of a person to be heard at a quasi - judicial meeting as otherwise provided by law); and WHEREAS, the Act provides that the City Commission, City board or committee may adopt rules or policies governing the opportunity to be heard and does not prohibit the City Commission or any City board or committee from maintaining orderly conduct or proper decorum in a public meeting; and WHEREAS, the City Commission desires to adopt a policy governing the reasonable opportunity to be heard in accordance with the Act; now therefore NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Members of the public shall be given a reasonable opportunity to be heard on a proposition before the City Commission or any City board or committee. The opportunity to be heard shall be given before the City Commission, City board or committee takes official action on the proposition. The opportunity to be heard need not occur at the same meeting at which the City Commission, City board or committee takes official action on the proposition if the opportunity occurs at a meeting that is during the decision - making process and is within reasonable proximity in time before the meeting at which the City Commission, City board or committee takes the official action. This section does not prohibit the City Commission or any City board or committee from maintaining orderly conduct or proper decorum in a public meeting. Section 2. The requirements of Section 1 do not apply to: (a) An official act that must be taken to deal with an emergency situation affecting the public health, welfare, or safety, if compliance with the requirements would cause an unreasonable delay in the ability of the City Commission, City board or committee to act; (b) An official act involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations; (c) A meeting that is exempt from Section 286.011, Florida Statutes; or (d) A meeting during which the City Commission, City board or committee is acting in a quasi - judicial capacity. This subsection does not affect the right of a person to be heard as otherwise provided by law. Section 3. The amount of time that an individual has to address the City Commission regarding a proposition before the City Commission shall be governed by the Rules of Procedure of the Commission. Section 4. The amount of time that an individual has to address a City board or committee regarding a proposition before the City board or committee shall not be less than three (3) minutes. If there is no rule of the board or committee specifying the amount of time available to each individual, then three (3) minutes shall be provided. The City board or committee, by consensus, may extend the amount of time that an individual has to address the City board or committee beyond the time limit set forth herein. Section 5. An action taken by the City Commission or any City board or committee which is found by a court of competent jurisdiction to be in violation of this policy shall not be void as a result of the violation. Section 6. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section 7. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 8. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED in regular session on the day of , 2013 2 RES. NO. 41 -13 ATTEST: City Clerk MAYOR RES. NO. 41 -13 MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Amanda Solomon, Telecommunications Systems Manager Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: September 11, 2013 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 AMENDMENT TO THE CONTRACT SERVICE ARRANGEMENT (CSA) AGREEMENT/AT &T FLORIDA ITEM BEFORE COMMISSION Commission is requested to approve an amendment to extend the current Contract Service Arrangement (CSA) agreement with AT &T. The contract provides for Centrex Service Business lines, one (1) MegaLink Circuit and three (3) Primary Rate Integrated Digital Service Network (ISDN's) for a cost of $110,754.72 annually. This service provides for 797 telecommunications lines for 38 locations throughout the City including the Delray Beach Center for the Arts. In addition, the MegaLink Circuit is required for the support of the Public Safety and Local Government radio system infrastructure. Definitions of services are attached. BACKGROUND City Commission is requested to approve an amendment agreement with AT &T to extend our expiring service contracts under the same terms and conditions for a period of thirty -six (36) months. The amendment provides for renewal of our existing Centrex Contract which supports 367 telephone lines, three (3) Primary Rate ISDN's supporting 430 telephone lines including the Police Department non - emergency lines, and one (1) MegaLink Circuit which supports our Radio System infrastructure. This contract amendment provides for telecommunications service to 38 locations throughout the City including Delray Beach Center for the Arts, and because the services are bundled in this agreement there are additional discounts. The only other option available to the City for this service would be to go with a State of Florida contract with AT &T. This, however, is at an additional annual cost of $32,000. Other carriers offer Centrex service but it is only available through AT &T in this area. The proposed contract amendment would not be renewed again at the end of the 36 months as we will have a new system in place entailing an RFP /Q at that time. FUNDING SOURCE Funding is distributed throughout all City departments based on the number of lines assigned to each department and /or division. RECOMMENDATION Staff recommends approval of the proposed 36 month agreement with AT &T in the amount of $110,754.72 annually, with funding to come from various departmental accounts. aw Addendum Agreement Case Number FL13- 3108 -00 THE UNDERSIGNED PARTIES, AT &T Florida, ( "Company ") and City of Delray Beach ( "Customer" or "Subscriber"), hereby agree, as acknowledged by their appropriate signatures as set out below, to amend and change Contract Service Arrangement (CSA) Agreement FLIO- 2910 -00. This Addendum Agreement is based upon the following terms and conditions as well as any Attachments) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. Offer Expiration: This offer shall expire on: 2/12/2014. 1. Subscriber acknowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms and conditions. Subscriber further agrees that this Agreement, and any orders, constitute the complete and exclusive statement of the Agreement between the parties, superseding all proposals, representations, and /or prior agreements, oral or written, between the parties relating to the subject matter of the Agreement. 2. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the customer's creditworthiness has significantly decreased, Company in its sole discretion reserves the right to cancel the order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer. 3. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Subscriber and Company. This Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties, approved by the appropriate Company organization, and incorporated into Company's mechanized system. The undersigned warrant and represent that they have the authority to bind Subscriber and Company to this Agreement. Page 1 of 5 AT &T and Customer Confidential Information haw Addendum Agreement Case Number FL13- 3108 -00 IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed by their duly authorized representatives on the dates set forth below. Accepted by: Subscriber: City of Delray Beach BY: Authorized Signature Printed Name: Title: Date: Company: AT &T Florida By: Authorized Signature Printed Name: Title: Date: Page 2 of 5 AT &T and Customer Confidential Information Addendum Agreement Case number FL13- 3108 -00 Option 1 of 1 Service description: This Addendum Agreement extends the Customer's existing BellSouth® Primary Rate ISDN - Voice/Data (Standard) (minimum number of B- Channels per PRi required) with Extended Local Calling Plan, BellSouth Centrcx service, MegaLink, and BellSouth Local Exchange Services for thirty -six (36) months from the Company date of acceptance of this Addendum Agreement. The following language is being removed from this Agreement: "This Agreement shall be extended for additional one -year terms under the same terms and conditions herein unless either party provides written notice of its intent not to renew the Agreement at least sixty (60) days prior to the expiration of the initial term or each additional one -year term." All terms and conditions of Contract Service Arrangement Agreement FLIO- 2910 -00 apply to this Addendum Agreement unless modified herein. Page 3 of 5 AT &T and Customer Confidential Information aW Addendum Agreement RATES AND CHARGES Case Number FL13- 3108 -00 Option 1 of 1 Rate Elements Non- Recurring Monthly Rate Usoc There are no changes to the existing $.00 $.00 rate elements. Page 4 of 5 AT &T and Customer Confidential Information Addendum Agreement RATES AND CHARGES I.150d; i Case Number FL13- 3108 -00 Option 'I of 1 The NOTES' section ofthe'RATES AND CHARGES' pages of Contract Service Arrangement Agreement FL10- 2910 -00 is modified by the addition of the following: 1. EARLY TERIJIINATION If Customer migrates an AT &T ILEC PRI Service or Service Component, including DS] used as transport for AT &T ILEC PRI Service (the "Terminated ILEC Service ") to a qualifying AT &T Business Voice over IP (BVoIP) Service, then AT &T will waive the Early Termination Charge directly resulting from terminating the Terminated ILEC Service if: (a) the Terminated ILEC Service has been installed at the Customer site for no fewer than 12 months; (b) the Minimum Payment Period for the replacement AT &T BVoIP Service is equal to or greater than the remaining commitment for the Terminated ILEC Service; (c) the replacement AT &T BVoIP Service is installed at the same Customer sites as the Tenninated ILEC Service; and (d) activation of tine replacement AT &T BVoIP service at the Customer site occurs within 90 days of tennination of the Terminated ILEC Service at that Customer site. The foregoing shall not apply to Services provided by the AT &T ILEC affiliate in Connecticut. All trademarks and service marks contained herein are owned by AT &T Intellectual Property and/or AT &T affiliated companies. There are no other additions, deletions or changes to the above referenced Contract Service Arrangement Agreement included in this Addendum Agreement. All other terms and conditions as previously agreed and acknowledged remain unchanged and in full force. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 5 of 5 AT &T and Customer Confidential Information Definitions: Centre-t Service: Centrex is hosted in AT &T facilities providing a flexible and reliable phone system without a big upfi•ont investment in equipment. Special phone equipment rooms and managed associated temperature and humidity requirements are not necessary. Centrex is an efficient way to link multiple locations into one easily- managed system, complete with abbreviated dialing (four digit dialing between locations); features that are included in the monthly cost are call forwarding, three way calling, call transfer, special forwarding features such as hunting calls when the original line is busy, caller id, and voicemail services. Centrex allows for connection with all City locations so calls are transferred between locations without expensive equipment or wiring. A aLink Sei -vice: MegaLink is a dedicated digital service with a transmission rate of 2Mbps, linking two end -user sites. In the City's case, this would mean the radio antennas located on the Hardrives Tower at the Police department. It is more commonly used for voice orientated applications which support our Public Safety and Local Government Radio system. PRI: (T1) Primary Rate Interface, a telecommunications standard for carrying multiple voice and data transmissions between a network and a user. The Primary Rate Interface channels are typically used by medium to large enterprises with digital PBXs to provide digital access to the public switched telephone network. CADocuments and SettingslbeldowiczlLocal SettingsUemporary Internet PileslContent .outlook\LZ9E7XEX\Agenda Item Approval of Election ATT Master Agreement 2013 .doex 2M Contract Service Arrangement Agreement Case Number FLIO- 2914 - 00 This Contract Service Arrangement (CSA) Agreement ( "Agreement ") is by and between BellSouth Telecommunications, Inc. d/b /a AT &T Florida, ( "Company ") and City of Delay Beach ( "Customer" or "Subscriber "). This Agreement is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. I . Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service described in this Agreement at the monthly and nonrecurring rates, charges, and conditions as described in this Agreement ( "Service "). The rates, charges, and conditions described in this Agreement are binding upon Company and Subscriber for the duration of this Agreement. For the purposes of the effectiveness of the terms and conditions contained herein, this Agreement shall become effective upon execution by both parties. For purposes of the determination of any service period stated herein, said service period shall commence the date upon which installation of the service is completed. 2. Company agrees to provide Subscriber notice of any additional tariffed services required for the installation of the Service. Subscriber agrees to be responsible for all rates, charges and conditions for any additional tariffed services that are ordered by Subscriber. 3. This Agreement is subject to and controlled by the provisions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, including but not limited to Section A2 of the General Subscriber Services Tariff and No. 2 of the Federal Communications Commission Tariff and shall include all changes to said tariffs as may be made from time to time. All appropriate tariff rates and charges shalt be included in the provision of this service. Except for the expressed rates, charges, terms and conditions herein and except as otherwise provided in Section 13 below, in the event any part of this Agreement conflicts with the terms and conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, the tariff shall control. d. This Agreement may be subject to the appropriate regulatory approval prior to commencement of installation. Should such regulatory approval be denied, after a proper request by Company, this Agreement shall be null, void, and of no effect. 5. If Subscriber cancels this Agreement prior to the completed installation of the Service, but after the execution of this Agreement by Subscriber and Company, Subscriber shall pay all reasonable costs %ncurred in the implementation of this Agreement prior to receipt of written notice of cancellation by Company. Notwithstanding the foregoing, such reasonable costs shall not exceed all costs which would apply if the work in the implementation of this Agreement had been completed by Company. 6. The rates, charges, and conditions described in this Agreement may be based upon information supplied to Company by the Subscriber, including but not limited to forecasts of growth. If so, Subscriber agrees to be bound by the information provided. to Company. Should Subscriber fail to meet its forecasted level of service requirements at any time during the term of this Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its projected service requirements. 7. (a) if Subscriber cancels this Agreement or a Service provided pursuant to this Agreement at any time prior to the expiration of the service period set forth in this Agreement, Subscriber shall be responsible for all termination charges. Unless otherwise specified by the tariff or stated elsewhere in this Agreement, Page 1 of 20 AT &T and Customer Confidential Information M M Contract Service Arrangement Agreement Case Number Ft-10- 29-10 -00 termination charges are defined as fifty percent (50 %) of the recurring charges due or remaining as a result of the minimum service period agreed to by the Company and Subscriber and set forth in this Agreement and any nonrecurring charges that were not applied upon installation as set forth in this Agreement, (b) Subscriber further acknowledges that it has options for its telecommunications services from providers other than Company and that it has chosen Company to provide the services in this Agreement. 8. This Agreement shall be construed in accordance with the laws of the State of Florida. 9. Except as otherwise provided in this Agreement, notices required to be given pursuant to this Agreement shall be effective when received, and shall be sufficient if given in writing, hand delivered, or United States mail, postage prepaid, addressed to the appropriate party at the address set forth below. Either party hereto may change the na►ne and address to whom all notices or other documents required under this Agreement must be sent at any time by giving written notice to the other party. Company BellSouth Telecommunications, Inc, dlbla AT &T Florida Assistant dice President 2180 Lake Blvd., 7'h Floor Atlanta, GA 30319 Subscriber City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444- 10. Subscriber may not assign its rights or obligations under this Agreement without the express written consent of Company and only pursuant to the conditions contained in the appropriate tariff. 11. In the event that one or more of the provisions contained in this Agreement or incorporated within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable statute, regulatory requirement or rule of law, then such provisions shall be considered inoperative to the extent of such invalidity, illegality, or unenforceability and the remainder of this Agreement shall continue in full force and effect. 12. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the customer's creditworthiness has significantly decreased, Company in its sole discretion reserves the right to cancel the order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer. 13. Customer and Company acknowledge and agree that to the extent the Set-vice provided under this Agreement is deregulated or de- tariffed by operation of law, regulation, or otherwise, all references in this Agreement to "BellSouth General Subscriber Services Tariff', `BellSouth tariffs ", `TeliSouth's lawfully filed tariffs ", or any other reference to BellSouth's tariffs on file with the Public Service Commissioner(s) of the applicable state or states shall be deemed reference to the terms set forth in this Agreement, as well as the Service Page 2 of 20 AT &T and Customer Confidential Information M �j I Contract Service Arrangement Agreement Case Number FLI0- 2910 -00 Descriptions and Price Lists and the BellSouth Service Agreement, all of which can be found at the link found at Nvww.att.com/sci-viceptiblications, all incorporated herein by reference as if fully included herein. Customer agrees such deregulated or de- tariffed Service shall be provided in accordance with the terms and conditions set forth in this Agreement, the Service Descriptions and Price Lists for each applicable state or states and the BellSouth Service Agreement found at the lh k above. To the extent there exist any discrepancies or inconsistencies between the terms set forth in the body of this Agreement and those incorporated by reference, the terms and conditions set forth in the body of this Agreement shall govern. 14. Customer acknowledges that Customer has read and understands this Agreement and agrees to be bound by its terms and conditions including all terms set forth in the Service Descriptions and Price Lists found at zv% vev. att.cofur/servicepiublicatiotrs, as applicable. Customer further agrees that this Agreement and any attachments hereto, constitute the complete and exclusive statement of the agreement between the parties, superseding all proposals, representations, and /or prior agreements, oral or written, between the parties relatuzg to the subject matter of the Agreement. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Customer and Company, This Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties. The undersigned warrant and represent that they have the authority to bind Customer and Company to this Agreement, Page 3 of 20 AT &T and Customer Confidential Information M RA Contract Service Arrangement Agreement Case number 1=1.90- 2910 -00 Option i of 9 Offer Expiration: This offer shall expire on: 12/912010. Estimated service interval following acceptance date: Negotiable weeks. Service description: This Contract Service Arrangement (CSA) provides BellSouuthO Primary Rate ISDN - Voice/Data (Standard) (minimum number ofB- Channels per PRI required) with Extended Local Calling Plan, BellSouth Centrex, MegaLink, and BellSouth Local Exchange Services. This Agreement is for a thirty -six (36) month service period, Services installed during the term of this Agreement. will have a service period coterminous with the term of this Agreement. Contingent upon Customer executing this Agreement, Termination Liability will be waived on existing ISDN Primary Rate at the current Central Offices to enable the move to the new Central Office equipped for PRI. Use of Service: Customer agrees that the Service will only be used to transport the voice and/or data traffic of Customer and its Affiliates, and not to originate or terminate voice and/or data traffic to bypass switched access charges as defined by applicable state and federal telecommunications lase. Customer understands that this covenant is an essential part of the undertaking by AT &T herein, and that AT &T is relying upon Customers covenant as an inducement to sell the Service. Customer agrees to compensate AT &T for any switched access charges that AT &T is obligated to pay, or entitled to collect, as a result of Customer's use of the Services, and Customer further agrees that this obligation to compensate AT &T small not be capped or limited. As used herein the term Switched Access, generally speaking, means the charges that a long distance company is required to pay to a local telecommunications company for the termination or origination of long distance calls to or from a customer whose phone is connected to the local telecommunications company's local switching network. "Affiliate" of a party means any entity that controls, is controlled by, or is under common control with, such party. This Agreement shall be extended for additional one -year teri ns under the same terins and conditions herein unless either party provides written notice of its intent not to renew the .Agreement at least sixty (60) days prior to the expiration of the initial term or each additional one - year term. Page 4 of 20 AT &T and Customer Con(idenlial information MA M Contract Service Arrangement Agreement Case dumber FL10- 2890.00 Option i of 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. Accepted by: Subscriber: City of D i a) Beach By: Authorized Sighature Printed Name: Nelson S. McDuf e Title: Mayor Date: 06'Y—LA'" ! D l D Company: BellSouth Telecommunications,-Inc. dlbla AT&T Florida By: Authorized Signature Printed Name: Title: Date: Approved as to form and Isgal suitl iency: y, city Attorney Page 5 of 20 AT &T and Customer Confidential Information am Contract Service Arrangement Agreement Case Number FL10- 2010 -00 Option i of 1 RATES AND CHARGES Rate Elements Non - Recurring Monthly Rate USOC 1 2 3 4 2 E. BellSouthO Primary $.00 $.00 1LD1E Rate ISDN Access tine, each BellSouth® Primary $.00 $.00 PR71V Rate ISDN Interface, each - VoicefOata (Standard) BellSouth®Pfimary $.00 5.00 PR76V Rate ISDN, B- Channels, each - Volce/Data (Standard) BellSouth® Primary $.00 $10.00 PR7CN Rate ISDN Calling Name Delivery Feature -Per Primary Rate Interface BellSouth® Primary $.00 $.00 PR7EX Rate ISDN D- Channel -Each Telephone Numbers $100 $0.20 PR7TF for Flat Rate BellSouth® Primary Rate ISBN Voice /Data (Standard), Per telephone number requested Inward and 2 -way Page 6 of 20 AT &T and Customer Confidential Information at &t RATES AND CHARGES 7 0 9 10 11 Contract Service Arrangement Agreement Case Number FL.10- 2910 -00 Option 1 of 1 BellSouthO Primary Rate ISDN PRI Overflow Arrangement BellSouth@ Primary Rate ISDN Redirect Numbers Feature BellSouth® Primary Rate ISDN, PRI Overflow Feature for Vo icelData Arrangements, BellSouth® Primary Rate ISDN, Fiat Rate Bundle (1- 11.DIE, 23- PR78V, 1- PR71V) Optional Calling Plan, Extended Local Calling Flan, 10,000 Minutes Per Month Plan, Per Plan - Overage rate of $.045 per minute of use (Minimum of 17 8- Channels per PRI required.) $.00 $.00 $.00 $.00 $.00 Page 7 of 20 AT&T and Customer Confidential Information $27,00 $.00 $20.00 $600.00 $40,00 WCC94 PR7RN PR70F WDDKR OCWFD aW Contract Service Arrangement Agreement RATES AND CHARGES 12 Optional Calling flan, Extended Local Calling Plan, 15,000 Minutes Per Month Plan, Per Plan - Overage rata of $.039 per minute of use (Minimum of 17 B- Channels per PRI required) 13 Assigned Telephone Number without Facilities 14 MemoryCall Delux 90 Minutes /additional minutes $.04 each 15 Transfer Mailbox Existing MemoryCall Customer Conv to 5ESS 16 Business Multi -lane Service, All Rate Groups -Per line 17 Business Fiat -Rate Multiline with Caller ID All Rate Groups 18 Grouping Service, Business -Per line, trunk, or NAR Oa $.00 Em $.00 IM $.00 $AO Page 8 of 20 AT &T and Customer Confidential Information Case Number F1.10- 2910 -00 Option 1 of 1 $50.00 OCWFE $0.10 $3.18 Im $25.00 $2U0 $.00 ATNCS WMNEH VMSAX MFB MFSCL HTG aw RATES AND CHARGES Contract Service Arrangement Agreement Case Number FL10- 2910 -00 Option 1 of 1 19 Custom Calling $.00 $.00 ESM Services, Business/Business PBX, Individual Features, Call Forwarding Variable -Per central office per line /trunk equipped 20 BellSouth TouchStar® $.00 $100 NOB service, Individual Features, Business, Calling Number Delivery Blocking - Permanent -Per line (Agency) (Only available to subscribers of Non- Published Listing Service as described In A6.4.1 of the GSST or special agencies as defined in A13.19,3.A.8 of the GSST) 21 BellSouth TouchStarO $.00 $.00 NSD service, Individual Features, Business, Caller ID-Baslc -Per fine 22 BellSouth TouchStar0 $.00 $.00 NSS service, Individual Features, Business, Call Return -Per line Page 9 of 20 AT &T and Customer Confidential Information aw MemoryCall $.00 $29.95 CCRA6 Contract Service Arrangement Agreement Minutes Case Number FL10- 2910 -00 28 MegaLinkO service, Option 1 of 1 RATES AND CHARG98 1LDPZ Digital Local Channel, 23 BellSouth TouchStar@ $.00 $.00 NSY service, 29 MegaLink® service, $.00 $36.55 Individual Features, Digital Local Channel, Business, each additional 112 Call Block mite -Per line 30 Clear channel $.00 24 Caller ID Name- $.00 $.00 NXMCR Number Delivery superframe format; at Anonymous Call Initial Installation Blocking. 25 MemoryCall Del $.00 $.00 VMEXX Expanded VMS 300MIn /Adds Min $.08 26 MemoryCall Voice Mail $.00 $12.95 MBBBF Flat Rt 27 MemoryCall $.00 $29.95 CCRA6 Anncouncement 6 Minutes 28 MegaLinkO service, $,00 $80,79 1LDPZ Digital Local Channel, first 112 mile 29 MegaLink® service, $.00 $36.55 1LDPA Digital Local Channel, each additional 112 mite 30 Clear channel $.00 $.00 CCOEF capability, extended superframe format; at Initial Installation Page 10 of 20 AT &T and Customer Confidential Information OaM Contract Service Arrangement Agreement Case Number FLIO- 2910 -00 Option 1 of 1 RATES AND CHARGES 31 MegaLlnkO Service Establishment Charge, per entire MegaLinkO 32 MegaLink® service, premises visit, per visit 33 Bell$outhO Centrex service, Payment Plan 6, Standard common equipment, each 34 BeilSouth(7 Centrex service, Payment Plan 5, Common equipment customized by the Company at the subscriber's request, each 35 BellSouth@ Centrex service, Payment Plan 5, Standard Features, per station line, each 36 BellSouth® Centrex service, Payment Plan 5, Station Links, Flat Rate, each $.00 $.00 MGLSE $.00 $.00 MGLPV $.00 $344.25 M1ACS $.00 $344.25 M1 ACC $.00 $3.35 CENAA $.00 $10.45 M4LFA Page 11 of 20 AT &T and Customer Confidential Information aw Contract Service Arrangement Agreement RATES AND CHARGES 37 BeIlSouthO Centrex service, Payment Plan 5, Station Links for 800 Service Termination, Flat Rate, each 38 BellSouth? Centrex service, Payment Plan 5, Station Links Equipped with Caller ID, Flat Rate, each 39 BellSouth(D Centrex service, Payment Plan 5, Station Links for Provision In a Different Serving Wire Center, Flat Rate, each 40 BellSouth® Centrex service, Payment -- Plan 6, Station Links for Provision in a Different Serving Wire Center for 800 service Termination, Flat Rate, each 41 BellSouth® Centrex service, Payment Plan 5, Station Links Termination on MegaUnk® service, Ligh(GateO service, or Equivalent Services, Flat Rate, each ME $.00 ME $.O0 $.00 Page 12 of 20 AT &T and Customer Confidential Information Case Number FL10- 2910 -00 Option 1 of 1 $10.06 M4LFB $10.06 $10.06 $10.06 $,00 M4LFH M4LFM M4LFZ M4LF9 aw Contract Service Arrangement Agreement HATES AND CHARGES 42 BellSouth(b Centrex service, Payment Plan 5, Station Links Termination on MegaLlnk® service, LlghtGate® service, or Equivalent Services for 800 service Termination, Fiat Rate, each 43 BellSouth® Centrex service, Payment Plan 5, Bridged Links, located on different - premises from station link on non - continuous property, each 44 BellSouth® Centrex service, Payment Plan 5, Bridged Links, located on different premises from station link on same continuous properly, each 45 BeilSouthV Centrex service, Payment Plan 5, Extended Bridged Links, extended to different premises, different serving wlro renter, each 46 BellSouth(D Centrex service, Payment Plan 5, Interoffice Channels, Per Non - ISDN service channel, each $.00 $,00 $.00 $.00 $.00 Page 13 of 20 AT &T and Customer Confidential Information Case Number FL40- 2910.00 ©pilon 1 of 1 $AO M4LF2 $10,06 $10.06 $10.06 $24.25 M1FNX M1FCX M1FEX M1GBC MM Contract Service Arrangement Agreement RATES AND CHARGES 47 BellSou(W Centrex service, Payment Plan 5, Interoffice Channels, Per Non - 1SDN service channel, per mile 48 BellSouth@ Centrex service, Payment Plan 5, Automatic Number Referral, per line with a non - listed Directory Number 49 BellSouth® Centrex service, Payment Plan 5, Automatic Number Referral, per line with a listed Directory Number 50 BeflSouthO Centrex service, Payment Plan 5, Systems Communication Service, System Abbreviated Dialing Capability for 100 Numbers, per system 51 BellSouth® Centrex service, Payment Plan 5, Network Access Register (NAR) Package, per NAR, Both -way, Flat Rate $.00 $.00 $.00 $.00 $.00 Page 14 of 20 AT &T and Customer Confidential Information Case Number PL10- 2910 -00 Option 1 of 1 $1.60 M1GBM L II +. 11 $11.00 CENAN CENAL M2ADA M9QCx aw Contract Service Arrangement Agreement RATES AND CHARGES 52 Bel[SouthO Centrex service, Payment Plan 5, Network Access Register (NAR) Package, per NAR, One -way Inward, Flat Rate 53 BellSouth Centrex service, Payment Plan 5, Network Access Register (NAR) Package, per NAR, One -way Outward, Flat Rate 54 BellSouth(& Centrex service, Payment Plan 5, Grouping Service, Business, per NAR made rotary 55 BellSouth Centrex service, Payment Plan 5, Anonymous Call Blocking 56 BellSouth Centrex service, Payment Plan 5, Caller ID 57 BellSouth® Centrex service, Payment Plan 5, Calling No Delivery Blocking Permanent, per Line Agency $.00 a.00 Em $.00 $.00 $.00 Page 15 of 20 AT &T and Customer Confidential Information Case Number FL10- 2510;00 Option 1 of 1 $11.00 MOQ1X $11.00 $.00 $.00 $.00 $.00 MOM HTG M2HRi_ M2NA7 M2NFA eaut Contract Service Arrangement Agreement RATES AND CHARGES ba BellSouth® Centrex service, Payment Plan 5, Code Restriction of 10XXX and101XXX 69 BellSouth® Centrex service, Payment Plan 6, Code Restriction 900 -976 60 BellSouth® Centrex service, Payment Plan 6, Code Restriction of 9+ (except 1 +800, 1+888) 61 BellSouth® Centrex service, Payment Plan 6, Message Waiting Audible 62 BellSouth® Centrex service, Payment Plan 6, Toll Restriction 63 BeilSouthO Centrex service, Payment Plan 6, Automatic Line -Dir Connect 64 BellSouth® Centrex service, Payment Plan 6, Call Forward Don't Answer Fixed -All Calls Unrestricted $.00 $.00 $.00 $.00 $.00 Elm M Page 16 of 20 AT &T and Customer Confidential Information Case Number FLIC- 2990 -00 Option 1 of 1 $.00 M2P1A $.00 139 $.00 M $.00 $.00 M2P9A M2PCC M30AA M30RA M4BAC M4NFC Contract Service Arrangement Agreement RATES AND CHARGES 65 BellSouth® Centrex service, Payment Plan 6, Call hold per Line with Other Flash Features 66 BellSouth® Centrex service, Payment Plan 5, Call Return 67 BellSouth$ Centrex service, Payment Plan 5, May Calling - Consultatton -Hold Transfer /Line Unrestricted 68 BellSouth(b Centrex service, Payment Plan 5, Parity Charge - Netork Access Register 69 BellSouth(b Centrex service, Payment Plan 5, Call Forward Variable, without Ring Reminder 70 BellSouth® Centrex service, Payment Plan 5, Remote Access to Call Forwarding, per Station Link $.00 $.00 $.00 $.00 $.00 $.00 Page 17 of 20 AT &T and Customer Confidential Information Case Number FL 10-2910-00 Option 1 of 1 $.00 M4RXC $.00 $.00 $6.66 $.00 $7.75 M4VRC MUM PGSA7 CENLP CENO2 0 aW Contract Service Arrangement Agreement Case Number FLIO- 2910.00 Option 1 of 1 RATES AND CHARGES NOTES: 1. Extended Local Calling Plan is all optional service designed to provide intraLATA long distanceltoll calling for business customers via a monthly rate for a fixed number of long distance/toll minutes for all calls that are dialed to exchanges within the LATA, but outside the Local Calling Area (LCA) as Oeflned in Section A3 of the General Subscriber Services Tariff. a. The Extended Local Calling Plan accumulates intraLATA minutes within the same state Revenue Accounting Office (RAO) from single earning numbers/locations /account numbers (non - aggregated) and/or multiple earning numbers/locations/account numbers (aggregated). b. A customer may have both non - aggregated and Aggregated Extended Local Calling Plan on file sane agreement. e. Extended Local Calling Plan is available only in conjunction with the following flat rate services: 1) BellSouth Primary Rate ISDN %v/Flat Rate B- Channels 2) Flat Rate Single Line Business 3) Flat hate Multiline Business Rates for these services include local usage in the Local Calling Area and are in addition to those for Extended Local Calling Plan. d. Extended Local Calling Plan customers may aggregate usage of like services from different earning numbers/locations/account numbers within file same state Revenue Accounting Office (RAO). Extended Local Calling Plan customers may not aggregate usage of unlike services. For example, customer may aggregate usage for flat rate simple business lines and flat rate complex business lines, but may not aggregate usage for flat rate business lines and Primary Rate ISDN), e. The Extended Local Calling Plan Is Airnished subject to the availability of facilities. f. Extended Local Calling Plan usage will be, determined as follows: 1) Extended Local Calling Plan incurs a monthly flat rate for a fixed number of minutes (Minutes Per Month flan) to exchanges within the LATA. 2) Minutes that exceed the Minutes Per Month Plan fixed allowance will be charged a per minute rate for each additional minute, 3) Extended Local Calling Plan usage will be rounded in six (6) second increments. g. Call Detail will not be available on the Extended Local Calling Plan customer bill, and will not be available for customer review. h. In the event that minutes of use for calls terminating in an Independent Company Exchange exceed 15% of the customer Minutes Per Month Plan allowance, Company reserves the right to terminate that customer's Extended Local Calling Plan. 2. All applicable rates and regulations for BellSouth® Primary Rate ISDN as set forth In the General Subscriber Services Tariff are in addition to the rates and regulations contained in this Contract Service Arrangement with file exception that volume discounts as outlined in the tariff do not apply. . Page 18 of 20 AT &T and Customer Confidential Information 2-M Contract Service Arrangement Agreement Case Number FLIO- 2910 -00 Option 1 of 1 3. For Extended Local Calling Plan a Termination liability Charge is applicable if service is terminated prior to expiration of this Agreement. The applicable charge is dependent on the service period subscribed to and will be equal to the number of months remaining in the service period times the monthly rate provided under this Agreement. 4. Apply five End. User Common Line Charges for each PRI Interface. 5. Other rate elements used in the provision of the service may not have been listed herein, but can be found in the appropriate BellSouth tariff. 6. Subscriber is responsible for miscellaneous charges when applicable. (Examples are local, state, and federal taxes; Universal Service Fund charge; End User Common Line charge; etc.) 7. The rates set forth in this Agreement are based upon Subscriber retaining and agreeing to pay Company for the minhnu►n number of B- Channels per PRI required for the Extended Local Callhig Plan, Minutes Per Month Plan(s) ordered within the same state Revenue Accounting Office throughout the terns of this Agreement (detailed below with its associated Minutes Per Month Plan). Minutes Per Month Plan PRI Minimum B- Channels Per PRl PRI 1,000 1 l0 2,500 1 10 7,500 1 10 10,000 1 17 15,000 1 17 30,000 2 17 45,000 3 17 60,000 4 17 75,000 5 17 90,000 6 17 8. Under the terms of this Agreement, the Company will waive the Customer's first month's `Monthly Rate' on the BellSouth® Primary Rate ISDN Rate Elements only set forth under the Rates and Charges Section of this Agreement for new installations of BellSouthO Primary Rate ISDN with Extended Local Calling Plan. Such services should be installed within normal Company installation intervals. 9. Centrex Payment Plan designation is for provisioning purposes only. 10. The appropriate tariff notes associated with each rate element: apply as specified in the GSST. 11. The following nonrecurring charges will not apply upon installation, However, if all or any part of the service is disconnected prior to the expiration of the selected term, then Customer will pay full nonrecurring charges that were waived at installation as identified below in addition to applicable termination liability charges: USOC Description Nonrecurring Charge Page 19 of 20 AT &T and Customer Confidential Information ME Contract Service Arrangement Agreement Case Number FL_10- 2910.00 Option 1 of 1 CENAA Centres Features $19.50 eaclr M1ACS Standard Common E ui tnent $600.00 each MIACC Customized Common Equipment $750.00 each CENAN Automatic Number Referral, per Line with Non- Listed DN $13.00 each N12ADA System Abbreviated Dialing Capability for 100 Numbers, p6r System $75.00 each MBBBF Voice Messaging Service $15.00 each VMBXX Deluxe Expanded Voice Messaging Service $15.00 each Line Connection, first $63.50 each Line Connection, Additional $12.05 each ILDIE PRI Access Line $875.00 each PR71V PRI Interface, Voice/Data (Standard) $110.00 each PR7BV PRI B- Channels, Voice/Data (Standard) $5.00 each IV11GBC Non -ISDN Service Channel $240.00 each PR70F Overflow Feature for Voice/Data $100.00 each ILDPZ MegaLhrk Local Channel, First 112 Mile $350.00 each MGLPV One -Time Charge for Premise Visit $40.00 each MGLSE One -Time Charge for Service E- stablishment $575.00 each WCC94 PRI Overflow Arrangement $100,00 each PR70F Overflow Feature for Voice/Data Arrangements $100.00 each Furthermore, if Customer disconnects all service offered on this Agreement, then a Contract Preparation Charge applies in the amount of $423.00 in addition to applicable termination liability charges. All trademarks and service marks contained herein are owned by AT &T Intellectual Property and /or AT &T affiliated companies. END OF ARRANGEMENT AGREEMENT OPTION 'I Page 20 of 20 AT &T and Customer Confidential Information MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, LEED GA, DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: September 10, 2013 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 INITATION TO AMENDMENT TO LDR/PINEAPPLE GROVE WAY ITEM BEFORE COMMISSION The Pineapple Grove Arts District Board of Directors has asked staff to have City Commission initiate an LDR change that would restrict office uses on the ground floor of structures in certain sections along NE 2nd Avenue in the Pineapple Grove Neighborhood Area. Pursuant to LDR Section 2.4.5 (M) (1), amendments to the Land Development Regulations may be initiated by the City Commission. BACKGROUND Current LDR regulations prohibit office uses, including financial institutions (such as banks, savings and loans, credit unions, and mortgage offices) to locate on the ground floor of businesses which have an entry from and /or windows along and /or frontage on Atlantic Avenue in the Central Core and Beach Areas of the Central Business District (CBD). The exception to this existing prohibition includes buildings that have 80% or more of their fagade frontage setback a distance of 25 feet or greater. The introduction of a recent office use in the former location of the Tag Bar (25 NE 2nd Avenue) raised a concern that if office uses were to begin locating on ground floors of structures along Pineapple Grove Way, the desired vibrant, active, pedestrian experience could be jeopardized. Accordingly, there is an interest in extending a modification of the Atlantic Avenue restriction of office uses on the ground floor to specific areas of Pineapple Grove Way, to ensure the continued success of this area. The amendment will affect these areas along both sides of NE 2nd Avenue, as follows: From Atlantic Avenue north to NE 2nd Street — No ground floor offices allowed From NE 2nd Street north to NE 3rd Street — Maximum 30% ground floor offices allowed From NE 3rd Street north to NE 4th Street /Lake Ida Road — No restriction of offices uses DELRAY BEACH DOWNTOWN MASTER PLAN The Downtown Master Plan adopted on March 19, 2002 includes a section specific to Pineapple Grove, and the objectives and recommendations contained within the Pineapple Grove Neighborhood Plan were incorporated into the Downtown Delray Beach Master Plan. The master plan states that Pineapple Grove Way is to be transformed from a vehicular - oriented to a pedestrian friendly environment. One mechanism for accomplishing this is to allow infill development to occur within the existing private parking lots fronting on Pineapple Grove Way. This would provide for continuous storefronts along the street, which would encourage greater pedestrian movements. Mixed uses, with residential located above commercial development is encouraged, as is higher density residential. Inactive space along the streetscape in the evening is not desired along this corridor, as it conflicts with the goal to create a vibrant and visually interesting experience, and can diminish the safety of the area due to the lack of activity. Office uses are generally closed during the evening and nighttime hours, and should be avoided along corridors where an enhanced pedestrian experience is the goal. REVIEW BY OTHERS Upon initiation of this amendment, it will be reviewed by the Pineapple Grove Main Street committee, the Downtown Development Authority, the Community Redevelopment Agency, and by the Planning and Zoning Board. The item will return to the City Commission for consideration at first and second readings of an ordinance once a recommendation is made by the Planning and Zoning Board. The request was considered by the City Commission at their September 3, 2013 meeting at which time a 2 to 2 vote (no action) was made. The item is returning to City Commission so action and direction can be given to staff. RECOMMENDATION Initiate the amendment to the Land Development Regulations. SECTION 4.4.13 (H) (H) Special Regulations (1) Office uses including financial institutions (e.g. banks, savings and loans, credit unions, and mortgage offices) shall not be allowed on the ground floor within businesses which have an entry from and /or windows along and /or frontage on Atlantic Avenue in the Central Core Area, er the Beach Area— and on both sides of NE 2nd Ave /Pineapple Grove Way from Atlantic Avenue to NE 2nd Street. Office uses shall be allowed up to 50% of the ground floor as a permitted use within businesses which have an entry from and /or windows along and /or frontage on Atlantic Avenue in the West Atlantic Area and as a Conditional Use if greater than 50 %. Ground floor office uses NE 2r'° Street and NE 3 r Street. Office uses are allowed on floors other than the ground floor along Atlantic Avenue and NE 2nd Avenue as noted above, and on all floors elsewhere in the CBD district. This regulation shall not apply to existing buildings in the Central Core Area. er the Beach Area., or along NE 2nd Avenue that have 80% or more of their frontage at a setback of 25 feet or greater. (2) The sale of second hand material, other than verifiable antiques, shall not be allowed within businesses nor on properties which have an entry from and /or windows along and /or frontage on Atlantic Avenue or N.E. 2nd Avenue (a /k/a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4t" Street. (3) The sale of automotive parts, firearms, and lawn care equipment, shall not be allowed within the West Atlantic Neighborhood nor within businesses or on properties which have an entry from and /or windows along and /or frontage on East Atlantic Avenue or N.E. 2nd Avenue (a /k/a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4t" Street (4) The picking -up, dropping -off, or otherwise transporting workers, assigned through an employment agency, from an assembly point in the CBD to the work site is prohibited, except within the West Atlantic Neighborhood area provided the structure involved does not have an entrance from and /or windows facing West Atlantic Avenue. (5) Within the West Atlantic Neighborhood, all permitted uses with drive - through facilities shall require conditional use approval. (6) Minimum floor area for multi - family residential dwelling units shall be as established for the Medium Density Residential (RM) zoning district in Section 4.3.4(K). (7) Multi- family dwelling units may be located in structures that are comprised of residential units only or in mixed -use buildings that contain a combination of residential and non - residential uses. However, where residential uses are located in structures having frontage on Atlantic Avenue, NW /SW 5t" Avenue or N.E. 2nd Avenue (a /k/a Pineapple Grove Way), there must be nonresidential uses fronting the Avenue on the ground floor. In lieu of providing non - residential uses fronting the west side of N.E. 2nd Avenue between N.E. 3rd Street and N.E. 4 t" Street (hereinafter referred to as the SECTION 4.4.13 (H) exception area), the developer may elect to provide a building and property fronting on N.E. 2nd Avenue at the intersection of N.E. 3rd Street and N. E. 2nd Avenue which shall be conveyed to the City for Community Facility purposes and dedicate an area for Open Space in the northeast corner at the intersection of N. E. 2nd Avenue and N.E. 4t" Street. The purpose of the alternative is to encourage pedestrian travel, promotion of the Arts, the provision of needed Open Space, encouraging public art and to provide space for an entry way feature, all of which is in keeping with the vision for Pineapple Grove. If the developer chooses the alternative in the exception area instead of providing non - residential uses, he must submit a developer's agreement containing terms acceptable to the City at the time of application of a building permit. (8) The rental of sporting goods and equipment shall be limited to no more than one business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line from door to door, and any outdoor displays are subject to the restrictions set forth in Section 4.6.6(C)(3). (9) 24 -Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(W) .1111111. =1111= ' � ■' . - • A , OF HIM oil '■ NII = h i ill � �_ =IIN� N :lN�� NII I IL . � _ � ■■ IINI,I _� �.I11111 I _N .I � ■� ��\ i�l� ' ��INN NNE\ � 111111 �■ 1� ► HI 111111 NNE � im .,. _ ■ ■ SUBJECT AREA K= NO GROVE N r — NO OFFICE GROUND FLOOR 30% MAX. OFFICE GROUND FLOOR NEIGHBORHOOD AREA CITY OF DELRAY BEACH, FL I ZONING MAP LANNING & ZONING DEPARTMENT 1..� J DICITAL BASE MAP SYSTEM -- MAP REF: U: \AuotCAD \Mark \Pineapple Grove Area City Commission PINEAPPLE GROVE doom A 0 DbTM r September Ii, 2013 Dear Commissioner: Subject: Text Amendment Change for Pineapple Grove Way The Pineapple Grove Hoard fully supports the Text Amendment (EDR Section 4.4.13(H) brought before you tonight We feel these changes would help provide a proper mix of tenant usage, and will encourage pedestrian traffic down through the Grove. We have spoken to both the City Planning Department and the CRA and both concur that the Treasure Coast (CDR) Study will-not be addressing usages in any manner. Again, it is important to create an attractive and interesting experience to facilitate movement along Pineapple Grove Way. Thank you for your support. 71— Gene D. Fisher President Pineapple Grove Arts District Additional Information for Item 9.E. MEMORANDUM TO: Mayor and City Commissioners FROM: Paz1D or1hg, A IC P , LE E D G A , D -imtorof P 15mhg aid Z onhg THROUGH: Lou-h C him an, Jr., C rtyM a alter DATE: September 13, 2013 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 INITIATION TO AMENDMENT TO LDR/CBD/ DENSITY HEIGHT ITEM BEFORE COMMISSION Initiation of amendments to the Land Development Regulations Sections 4.4.13, and 4.3.4 which modify the areas where conditional use approval for increased height and density can be requested. Further, the modifications will provide clarification with respect to maximum stories that can be achieved within the respective 48' and 60' height maximums. Pursuant to LDR Section 2.4.5 (M) (1), amendments to the Land Development Regulations may be initiated by the City Commission. BACKGROUND The proposed changes will include LDR amendments to address immediate development concerns expressed by the City Commission. The changes include modifications to LDR Section 4.4.13 (D) (12) to eliminate the option of seeking an increase in density (above 30 units per acre) in the two block area north and south of Atlantic Avenue between approximately NE and SE 1 st Avenue and the Intracoastal. In addition, the modifications will include changes to LDR Section 4.3.4(J)(4)(b)(i)(9) which will modify the area within the Central Core portion of the CBD where an increase in height to 60' via a conditional use request is currently allowed. This area will be reduced to include only the area between the Federal Highway pairs (between SE 4th Avenue and NE 4th Avenue), and the old Chamber and City Library site. The Chamber and Library site was recently the subject of an RFP process in which the winning proposal included a development proposal which will require an increase in height above 48'. Additional changes to both LDR Sections 4.4.13(F)(1)(a), and 4.3.4(J)(4)(b) are being proposed to clarify that the 48' and 60' height limits are to result in a maximum of 4 and 5 stories respectively. Some of these changes will be revisited as part of the Comprehensive LDR modifications which will be considered in the near future and may result in a reinstatement of a more defined area where increased density and height are deemed appropriate (i.e. along the railroad tracks or other areas in the downtown core when appropriately located away from adjacent residential neighborhoods). REVIEW BY OTHERS Upon initiation of this amendment, it will be reviewed by the Downtown Development Authority, the Community Redevelopment Agency, and by the Planning and Zoning Board. The item will return to the City Commission for consideration as first and second readings of an ordinance once a recommendation is made by the Planning and Zoning Board. RECOMMENDATION Initiate the amendment to the Land Development Regulations. L� Molt. I winIMIM NOW MIN 111111 ■ = h MIN ■ C R AVETERANS _j == I SECTION 4.3.4 (J) (3) (3) Exceptions to District Height Limitations: (a) Free - Standing Features: The height limitations contained in Subsection (K), Development Standards Matrix, shall not apply to free - standing antennas, chimneys, conveyors, cooling towers, flag poles, radio towers, silos, or television towers. However, any part of any such structure, or feature, shall not extend above the height of sixty -four feet (64') unless specifically approved by action of the City Commission. (a) Appurtenances on Buildings: Appurtenances usually required to be placed above the roof level of a building and not intended for human occupancy may be allowed to extend above the height limitations contained in Subsection (K) but only when specifically approved by action of the Site Plan Review and Appearance Board. (c) Parapets: Flat roofs shall be screened from adjacent properties and streets with decorative parapets. The maximum height of the parapet wall shall be six feet (6') in height or sufficient height to screen all roof mounted equipment, whichever is greater, measured from the top of the roof deck to the top of the parapet wall. In the cases of sloped parapet features, they shall be no more than seventy -two inches (72 ") in height, project no more than twenty -four inches (24 ") beyond the face of the building, project no more than twelve feet (12') into the flat roof area of the building nor cover more than fifty percent (50 %) of the flat roof area of the building. [Amd. Ord. 2 -06 1117106] (4) Increases to Height Regulations: (a) Prohibitions: There are no provisions which allow, nor is the Board of Adjustment empowered to grant, an increase of height for any purpose in the following zone districts: Single Family (R -9) Districts Agriculture (Ag) Low Density Residential (RL) Planned Residential Development (PRD) Neighborhood Commercial (NC) Conservation District (CD) 4.3 -1 Rural Residential (RR) Mobile Nome (MN) Medium Density Residential (RM) Residential Office (RO) Professional and Office District (POD) Open Space (OS) SECTION 4.3.4 (J) (4) (b) (b) Allowances: An increase, to a maximum height of sixty feet (60') L5 stories maximum), may be approved by the City Commission in any zone district not listed above when approved pursuant to the processing of a conditional use request and based upon a finding of compliance with each of enumerated criteria listed below, as applicable. [Arnd. Ord. 05 -13 315113] (i) That the structure is to be located in one of the following geographic areas: (1) Area "A" - all property located east of Congress Avenue and west of 1 -95. (2) Area "B" - the property encompassed by the Delint DRI, with the exception of that portion platted as "Waterford Village "; along with property located west of S.W. 10th Avenue, south of Linton Boulevard, and east of 1 -95. (3) Area "C " - the property encompassed by the boundary of Linton Boulevard, Wallace Drive, S.W. 10th Street, and 1 -95. (4) Area "D" - the properties located south of Atlantic Avenue, north of S.W. 1st Street, west of S.W. 2nd Avenue, and east of S.W. 4th Avenue; and the properties located north of Atlantic Avenue, south of N.W. 1st Street, west of N.W. 1st Avenue, and east of N.W. 3rd Avenue. [Amd. Ord. 21 -04 514104]; [Amd. Ord. 71 -95 12/5195] (5) Area "E" - the property encompassed on the west by the F.E.C. Railroad, on the east by the Intracoastal Waterway, on the south by Allen Avenue extended to said easterly and westerly boundaries, and on the north to the northernmost boundary of the City. (6) Area "F" - the property located between the one -way pair system of Federal Highway (5th and 6th Avenues). (7) Area "G " - the property on either side of Linton Boulevard, extending 200 feet north and south of its ultimate right -of -way, extending from 1 -95 to Dixie Highway. (8) Area "H" - the area bounded by Linton Boulevard on the south, the F.E.C. Railroad on the east, the combination of Southridge Road and Swinton Avenue on the north, and S.W. 4th Avenue on the west. 4.3-2 SECTION 4.3.4 (J) (4) (b) (i) (9) (9) Area "I" — Lot 7 -10, Lot 14 -18, Block 101. Town of Linton aka. the Old Chamber and City Library site. Aron " "Ica -- " all pFop ■i win the Gen rnl Gerd porf�n of the GBD (Central Business District), except fOF that pertion within within E e any zoning distriGt Whir---h h.as; a maximum height limit of v, (10) Area "J" - the property encompassed by Lindell Boulevard on the north, Federal Highway on the east, Dixie Highway on the west, and the City limits on the south. (11) Area "K" — the property within the project known as Delray Medical Center (Delray Hospital), located on the south side of Linton Boulevard approximately 1,240 feet west of Military Trail, and as annexed into the City of Delray Beach via Ordinance 33 -05. [Amd. Ord. 05 -13 315113] (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48 feet, except for the following situations: (1) An increase in height is allowed when the increase from 48 feet to 60 feet is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in height is only for the added residential use area. [Amd. Ord. 51 -08 11118108]; [Amd. Ord. 16 -06 414106] DELETED (2) in its entirety [Amd. Ord. 16 -06 4141061 (iii) Workforce housing units, equal to at least twenty percent (20 %) of the residential units on the top floor, shall be provided within the development onsite, offsite, or through monetary contributions as referenced in Article 4.7 (fractions shall be rounded up). The workforce housing units shall be at the low or moderate income levels and shall comply with other applicable provisions of Article 4.7. [Amd. Ord. 51 -08 11118108] (iv) That the increase in height shall be allowed if two or more of subsections 4.3.4(J) iv (1), (2) or (3) are met: [Amd. Ord. 51 -08 11118108]; [Amd. Ord. 16 -06 414106]; [Amd. Ord. 67 -04 114105] DELETED (1) and (2) and renumbered [Amd. Ord. 16 -06 414106] 4.3 -3 SECTION 4.3.4 (J) (4) (b) (i) (9) (1) That for each foot in height above 48 feet, an additional building setback of two feet is provided from the building setback lines which would be established for a 48 -foot tall structure. The additional setback is required from all setback lines (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CBD zone shall adhere to the setback requirements of that district; [Amd. Ord. 21 -04 514104] (2) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking); [Amd. Ord. 67 -04 1104105] (3) That open areas, such as courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. [Amd. Ord. 16 -06 414106] 4.3-4 Section 4.4.13 (E) (5) (5) The process for modification of a conditional use and site plan approved pursuant to Section 4.4.13 (I) is as follows: [Amd. Ord. 8 -98 213198] (a) Modifications to any aspect of the plan that was a basis for determining compliance with the applicable performance standards shall be processed as a modification to the conditional use approval. [Amd. Ord. 8-98 213198] (b) Modifications to the plan that do not affect the application of the performance standards may be processed as a site plan modification. [Amd. Ord. 8-98 213198] (6) All development applications which are processed through either the Planning and Zoning Board, SPRAB, or HPB shall be referred to the Downtown Development Authority and the Community Redevelopment Agency prior to action by the approving body. [Amd. Ord. 01 -12 8121112]; [Amd, Ord. 8 -98 213198] (7) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I) is subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D). [Amd. Ord. 01 -12 8121112] (F) Development Standards: The development standards set forth in Section 4.3.4 shall apply, except as modified below. In case of conflict with other applicable development regulations, this Section shall apply: [Amd. Ord. 24 -95 5116195] (1) Heigh - The CBD is a geographic area in which exceptions to height regulations are allowed pursuant to Section 4.3.4(J). [Amd. Ord. 21 -04 5141041 (a) Overall Height of buildings shall be a minimum of twenty -five feet (25') and a maximum of forty -eight feet (48') in height (4 stories maximum). Exceptions to the height limitations shall comply with Section 4.3.4(J)(3) and (4). For the purposes of this section, height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof, or the soffit above the last habitable floor of a gable, hip or gambrel roof. Amd. Ord. 6 -07 315107] (b) Arcade Height shall be a minimum ten feet (10'), measured from finished arcade floor to finished arcade ceiling. Section 4.4.13. (D) (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: DELETED NUMBERS AND RENUMBERED. [Amd. Ord. 10 -11 415111] ;[Amd. Ord. 20 -08 4115108] (1) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (2) Child care and adult day care. (3) Financial institutions, e.g., banks and similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(H)(1). [Amd. Ord. 45 -06 9119106]; [Amd. Ord. 70 -04 1/4105] (4) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. [Amd. Ord. 70 -04 114105] (5) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue or N.E. 2nd Avenue (alkla Pineapple Grove Way), beginning at a point 105' south of N.E. 4th Street. [Amd. Ord. 70 -04 114105]; [Amd. Ord. 64 -04 11116104]; [Amd. Ord. 22 -99 7120199] (6) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. [Amd. Ord. 70 -04 114105] (7) Veterinary clinics. [Amd. Ord. 70 -04 114105]; [Amd. Ord. 14 -91 02/26/91 ] (8) Movie theaters, excluding drive -ins. [Amd. Ord. 70 -04 114105] (9) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). [Amd. Ord. 70 -04 114105] (10) Flea markets, bazaars, merchandise marts, and similar retail uses. [Amd. Ord. 70 -04 114105]; [Amd. Ord. 51 -92 10127192] (11) Wash establishment, with automatic /mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on property with a minimum lot area of 20,000 sq.ft. [Amd. Ord. 70 -04 114105]; [Amd. Ord. 51 -93 101261931 ,I _ - - 10. 1 ON - - A I 1 Em ILF] t NE_ 1 1 1 2RJ33 Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). [Amd. Ord. 70 -04 114105]; [Amd. Ord. 23- 01 5/1101] 114) Restaurants, Cocktail Lounges, Hotels, and Residential Type inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). [Amd. Ord. 70 -04 114105]; [Amd. Ord. 37 -01 7110101] 114 -1-5� Drive -in or drive - through restaurants on property located within the West Atlantic Neighborhood. [Amd. Ord. 70 -04 114105]; [Amd. Ord. 64 -04 11116104] 115X46) Hotels, motels, and residential -type inns on property located within the West Atlantic Neighborhood. [Amd. Ord. 11 -10 7120110]; [Amd. Ord. 70 -04 114105]; [Amd. Ord. 64 -04 11116104] 16 1-7� Free standing or mixed -use residential development, including residential licensed service provider facilities and assisted living facilities at a density greater than twelve (12) units per acre, but not exceeding 30 units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(I). [Amd. Ord. 47 -11 113112]; [Amd. Ord. 10 -11 415111]; [Amd. Ord. 27 -07 8121107]; [Amd. Ord. 70 -04 1/4105]; [Amd. Ord. 64 -04 11116104] 1�}(I-8) Bed and Breakfast Inns within the West Atlantic Neighborhood, subject to the provisions of LDR Section 4.3.3(Y) [Amd. Ord. 11 -10 7120110] 118 --9) Live/Work Unit, subject to Section 4.3.3 (KKK). [Amd. Ord. 23 -10 1015110] 119 2A) Large Family Child Care Home subject to Section 4.3.3(TT). [Amd. Ord. 25 -10 10119110] 2�) Segway Tours and Segway Sales pursuant to restrictions set forth in Section 4.3.3(ZZZZ). [Amd. Ord. 04 -11 415111] (E) Review and Approval Process: (1) In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Building Official for an occupational license. (2) For any new development, approval must be granted by the Site Plan Review and Appearance Board (SPRAB) pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(1), unless the property is located within a designated historic district or is individually designated. [Amd. Ord. 01 -12 8121112] (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (4) Applications for conditional use approval pursuant to Section 4.4.13(I) must include, in addition to the standard application items of 2.4.3(A), a site and development plan (including landscaping, elevations, and floor plans) that are of sufficient detail to determine that the applicable performance standards are being met. Final approval of the detailed site plan is by the Site Plan Review and Appearance Board. [Amd. Ord. 8-98 213198] MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 11, 2013 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 APPOINTMENT TO THE BOARD OF ADJUSTMENT ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Board of Adjustment. BACKGROUND The term for alternate member, Ms. Brenda Cullman, will expire on August 31, 2013. Ms. Cullman will have served an unexpired term, is eligible and would like to be considered for reappointment. Appointment is needed for one (1) alternate member. The Board of Adjustment shall consist of five (5) regular members. In addition, there shall be two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and /or own a business within the City. The following individuals have submitted applications and would like to be considered for appointment: Robin Bird Director of Development Services (also applying for the Planning & Zoning Board) Brenda Cullman Retired Superintendent (also applying for the Planning & Zoning Board) Incumbent Jerome Sanzone Building Official (also applying for the Planning & Zoning Board) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) alternate member to serve a two (2) year term ending August 31, 2015. RECOMMENDATION Recommend appointment of one (1) alternate member to serve a two (2) year term ending August 31, 2015. BOARD OF ADJUSTMENT 08/13 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2015 Harvey Starin Real Estate Broker Appt 08/16/11 Reappt08 /20/13 08/31/2014 Mel Pollack, Vice Chair Retired- Security Appt 08/19/09 alt Unexp Appt 02/16/10 reg Reappt09 /07/10 Reappt08 /21/12 08/31/2014 Dale Miller Interior Designer Appt 08/16/11 alt Unexp Appt 09/20/11 Reappt 08/21/12 08/31/2014 Allen Kilik, Chair Retired -CEO Unexp Appt 05/17/11 reg Unexp Appt 10/19/10 alt Reappt08 /21/12 08/31/2015 Michael Park Attorney Unexp Appt 06/07/11 Appt 08/16/11 reg Reaapt08 /20/13 ALTERNATES 08/31/2013 Brenda Cullinan Retired Unexp Appt 11/01/11 08/31/2015 Jess Sowards Architect Unexp Appt 04/16/13 U W Q O z U 0 H w w ti 00 � O p 00 00 O O 00 00 O O 00 00 O O � 00 O O � O M � p O W W � W W � ^' A7.. V ^• � y � i i M � A i w � w A � i z � d 'O W O -o i i MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 11, 2013 SUBJECT: AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 APPOINTMENT TO THE HISTORIC PRESERVATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Historic Preservation Board. BACKGROUND The term for regular member, Mr. Ronald Brito, expired on August 31, 2013. Mr. Brito will have served one (1) full term, is eligible and would like to be considered for reappointment. Appointment is needed for one (1) regular member. To qualify for appointment, a person shall either be a resident of, or own property in the City, and /or own a business within the City. In addition, the City Commission shall fill five (5) seats on the Board with either an architect, landscape architect, realtor /real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. The following individuals have submitted applications and would like to be considered for appointment. (Applications are in alphabetical order; however, the applicants are placed in their respective categories.) (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve a two (2) year term ending August 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending August 31, 2015. HISTORIC PRESERVATION BOARD 08/13 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2014 Ana Maria Aponte Urban Designer Unexp Appt 08/16/11 Reappt08 /21/12 08/31/2013 Ronald Brito General Contractor Appt 08/16/11 President 08/31/2014 John Miller Unexp Appt 08/20/13 Merchandising Director 08/31/2014 Annie Adkins Roof, Chairperson Attorney /Real Appt 08/17/10 Estate Broker Reappt09 /04/12 08/31/2014 Annette Smith, Vice Chairperson Business Unexp Appt 10/05/10 Owner /Intenior Reappt09 /20/12 Designer 08/31/2015 Iris McDonald Realtor Appt 08/16/11 Reappt09 /03/13 08/31/2015 Samuel Spear, 2nd Vice Chairperson Computer Appt 09 /06/11 Consultant Reappt08 /20/13 HISTORIC PRESERVATION BOARD EXHIBIT A Applicants with experience in the professions required: Ronald Brito General Contractor (also applying for the Planning & Zoning Board) Incumbent Francis Owen Educator/Realtor Rhonda Sexton Interior Designer U W Q O z U 0 H w ti O O O O O O O O p O p O p x 4: i..l i i M OC�j a H H � 0 N O t Qn U \ / CA Qn a� MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 11, 2013 SUBJECT: AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 APPOINTMENT TO THE PLANNING & ZONING BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Planning & Zoning Board. BACKGROUND The term for regular member Mr. Jan Hansen expired on August 31, 2013. Mr. Hansen has served an unexpired term, is eligible and would like to be considered for reappointment. Appointment is needed for one (1) regular member. In order to qualify for appointment, a person shall 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. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve a two (2) year term ending August 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending August 31, 2015. PLANNING AND ZONING BOARD 08/13 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2014 Clifford Durden Educator Appt 08/17/10 Reappt08 /07/12 08/31/2014 Derline Pierre -Louis Plan & Budget Appt 08/07/12 Reviewer 08/31/2014 Craig Spodak, Vice Chair Dentistry Appt 09/07/10 Reappt08 /07/12 08/31/2015 Christopher Davey Real Estate Broker Appt 08/20/13 08/31/2014 Thuy Shutt Assistant Director Reappt08 /07/12 08/31/2013 Jan Hansen V.P. of Regulatory unexp Appt 05/01/12 Affairs 08/31/2015 Jordana Jarjura Attorney Appt 08/20/13 PLANNING & ZONING EXHIBIT A Ronald Brito General Contractor/President (currently serving on the Historic Preservation Board) Roger Cope Architect Gerald Franciosa Retired /Law Enforcement Frank Frione Engineering Consultant/CFO Sheri Hack Legal/Real Estate Jan Hansen Vice President of Regulatory Affairs Incumbent Jay Jacobson Real Estate Investment/President Mark Krall Attorney Pearl Markfield Elrod Realtor Robert Marks Chief Construction Inspector Jeremy Office Wealth Management/Owner (also applying for the Education Board) Michael Park Attorney (currently serving on the Board of Adjustment) Kenneth Peltzie Health Administration /Self - employed Joseph Pike Architect Paul Pugliese Cartographer Loren Rubenstein Educator Jerome Sanzone Building Official (also applying for the Board of Adjustment) Harold Van Arnem Commercial & Residential Developer - Principal Alan Weitz Banking Andrew Youngross Engineering Consultant/Principal U W Q O z U 0 H w ti N � p N M 00 � O M Vl 00 O M 00 00 O M pp � O pp 0 O O �i y i i M N � / Z i A z a 0 i .o i bA a N 'O O / N i MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 13, 2013 SUBJECT: AGENDA ITEM 9.J. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 APPOINTMENT TO SITE PLAN REVIEW AND APPEARANCE BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Site Plan Review and Appearance Board. BACKGROUND There is a vacancy on the Site Plan Review and Appearance Board due to the recent resignation of Mr. James Chard. He was appointed as a regular member at the August 20th City Commission meeting. Pursuant to our local rules, the Commissioner who made the appointment has the ability to appoint someone else if that appointment is made no later than the second regular meeting after the appointment was made. Consequently, Commissioner Jacquet will make an appointment to replace Mr. Chard. Appointment is needed for one (1) regular member to serve a two (2) year term August 31, 2015. To qualify for appointment, a person shall either be a resident of, or own property in the City, and /or own a business within the City. In addition, the City Commission shall fill five seats on the Board with an architect, landscape architect, realtor /real estate broker, civil engineer, general contractor, sign contractor, land planner or interior designer. The remaining two seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Borrero. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve a two (2) year term ending August 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending August 31, 2015. SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT A Applicants with experience in the professions required: Alejandro Borrero Architect/Project Director Ronald Brito General Contractor/President (currently serving on the Historic Preservation Board; also applying for the Planning & Zoning Board) Roger Cope Architect (also applying for the Planning & Zoning Board) Jerome Sanzone Building Official /General Contractor (also applying for the Board of Adjustment and the Planning & Zoning Board) Christ Stray Landscape Architecture & Design Joshua Weaver Project Manager /General Contactor Applicants for At Large Seat: Alice Finst Educator Frank Frione Engineering Consultant/CFO (also applying for the Planning & Zoning Board) Jay Jacobson Real Estate Investment/President (also applying for the Planning & Zoning Board) Frederick Kaub Environmental Services/President Robert Marks Construction Inspector (also applying for the Planning & Zoning Board) Robert Moore Financial Management/President Loren Rubenstein Educator (also applying for the Planning & Zoning Board) Andrew Youngross Engineering Consultant (also applying for the Planning & Zoning Board) SITE PLAN REVIEW AND APPEARANCE BOARD 09/13 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2014 Jose Aguila Architect Appt 08/07/12 08/31/2014 Jason Bregman Consultant /Landsc Appt 08/07/12 ape Architecture 08/31/2015 Terra Spero Appt 09/03/13 Citizen -at -Large 08/31/2014 Rustem Kupi, 2nd Vice Chair Architect Appt 08/17/10 Reappt08 /07/12 08/31/2015 James Chard Marketing & Appt 08/20/13 Planning Consultant 08/31/2014 Mark Gregory Sign specialist Unexp Appt 06/05/12 + 2 yrs 08/31/2014 James Knight Real Estate Unexp Appt 05/15/12 + 2yrs Broker /General Contractor U W t� O z U 0 w zN a s a s a� O M O M M O M O M M M 00 00 00 00 00 � W � W Vl W W W O O O O O O O O O O O O O �i 7 O � `may � I� i i O M W I a � A i z z �i U \ O / N i i MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 11, 2013 SUBJECT: AGENDA ITEM 9.K. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 APPOINTMENT TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the City Commision for an appointment to the Education Board. BACKGROUND There is a vacancy on the Education Board due to the resignation of Ms. Deborah Nix. The term is unexpired ending July 31, 2015. Appointment is needed for one (1) regular member. 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 and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve an unexpired term ending July 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term ending July 31, 2015. EDUCATION BOARD EXHIBIT A Mercie Alcindor Educator Lydia Carreiro Educator Mary- Elizabeth Cohn Educator /Sales Consultant Jack Fowler Healthcare Consultant Philip Friedman Assistant Director/Retired (currently serving on the Nuisance Abatement Board) Sheri Hack Realtor Mary Leavenworth Area Director John Miller Merchandising Category Merchant Jeremy Office Wealth Management Michelle Quigley News Researcher Adam Reback Government Operations (currently serving on the Nuisance Abatement Board) Kenya Spear Educator 09/13 EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2015 Mitchell Katz Development Appt 07 /05/11 Representative Reappt07 /25/13 07/31/2014 Jose Herrera, Chair Special Events Coordinator Unexp Appt 04/21/11 Appt 07/17/12 07/31/2014 Kevin Warner Educator Appt 08/07/12 07/31/2014 Shannon Schwartz Educator Appt 07/17/12 07/31/2014 Debra Kaiser Senior Director Appt 07/20/10 Reappt07 /17/12 07/31/2014 Angela Burns Educator Unexp Appt 11/15/11 Reappt 07/17/12 7/31/2015 Julia Kadel Director of Admissions Unexp Appt 12/06/11 Reappt07 /25/13 07/31/2015 Cathy DeMatto Development Consultant Appt 08/06/13 07/31/2015 Unexp Appt Vacant 07/31/2015 Joyce Warner Educator Appt 07/25/13 07/31/2015 Margarita Kaufman Educator Appt 08/06/13 STUDENT MEMBERS (one term limit) 7/31/2015 Vacant Student 2 YEAR TERM 7/31/2014 Vacant 1 YEAR TERM Student U W Q O z U 0 H w ti O O p O O O p O O p p O O O O O O O O O O O O O p i i M \ N / O w w \ O O O / O W \ U / MEMORANDUM TO: Mayor and City Commissioners FROM: Lisa M. Herrmann, Budget Officer David A. Boyd, Finance Director THROUGH: Louie Chapman, Jr., City Manager DATE: September 11, 2013 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 RESOLUTION NO. 42-13 (FINAL MILLAGE LEVY) ITEM BEFORE COMMISSION The item before Commission is Resolution No. 42 -13 which levies a tax on all properties in the City of Delray Beach for FY 2014. The operating millage for FY 2014 is 7.3546. BACKGROUND The FY 2014 operating millage is 7.3546 and the FY 2014 debt service millage is 0.3453. The proposed operating millage is greater than the rolled -back millage rate (6.8505) by 7.36 %. The total millage rate for FY 2014 (both operating and debt) is 7.6999 which is less than the FY 2013 total millage rate of 7.8033. The assessed valuation on all taxable properties within the City for operating purposes is $6,610,035,071. The assessed valuation for debt services is $6,612,004,527. The reason for the differential is the exemptions that were granted to historic properties in the City are applied to the operating millage only. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the resolution. RECOMMENDATION Recommend approval of Resolution No. 42 -13 - Millage Levy for FY 2014. RESOLUTION NO. 42 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $7.3546 per one thousand dollars ($1,000.00) of assessed valuation is hereby levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 2013, and ending September 30, 2014. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $6,610,035,071. The operating millage rate of $7.3546 per one thousand dollars ($1,000.00) is greater than the rolled -back rate of $6.8505 per one thousand dollars ($1,000.00) by 7.36 %. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,168,937. There is hereby appropriated for the payment thereof, all revenues derived from the tax levy of $0.3453 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 2013, and ending September 30, 2014, upon the taxable property of the City of Delray Beach, the assessed valuation being $6,612,004,527. Section 3. That the above millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1 %) with the taxable value shown on the assessment roll to be extended. Section 4. That public hearings were held on the budget on September 3, 2013 and September 17, 2013. PASSED AND ADOPTED in regular session on this the 17th day of September, 2013. MAYOR ATTEST: City Clerk RES. NO. 42 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Lisa M. Herrmann, Budget Officer David A. Boyd, Finance Director THROUGH: Louie Chapman, Jr., City Manager DATE: September 11, 2013 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 RESOLUTION NO. 43-13 FINAL MILLAGE LEVY/DDA ITEM BEFORE COMMISSION The item before Commission is Resolution No. 43 -13 which levies a tax on all properties within the Downtown Development Authority (DDA) Taxing District of the City of Delray Beach. The DDA millage rate for FY 2014 is 1.0000. BACKGROUND The millage rate of 1.0000 for the DDA is no increase from FY 2013, but is more than the rolled back rate (0.9555) by 4.66 %. The assessed valuation on all taxable property for operating purposes with the Downtown Development Authority Taxing District of the City of Delray Beach is $563,110,918. A copy of the DDA budget for FY 2014 is attached. RECOMMENDATION Recommend approval of Resolution No. 43 -13 - Final Millage Levy /DDA for FY 2014. RESOLUTION NO. 43 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $1.0000 per one thousand dollars ($1,000.00) of assessed valuation is hereby levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2013, and ending September 30, 2014. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $563,110,918. The operating millage rate of $1.0000 per one thousand dollars ($1,000.00) is more than the rolled -back rate of $0.9555 per one thousand dollars ($1,000.00) by 4.66 %. Section 2. That the above millage rate is adopted pursuant to Florida Statutes Section 200.065(2)(e)(2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than three percent (3 %) with the taxable value shown on the assessment roll to be extended. Section 3. That public hearings were held on the budget on September 3, 2013 and September 17, 2013. PASSED AND ADOPTED in regular session on this the 17th day of September, 2013. MAYOR ATTEST: City Clerk RES. NO. 43 -13 Approved Budget 2013_14 & Revised Budget 2012_13 Top Line Report Budget 2012 -13 Amended Budget 2012 -13 Estimated Year End 9/30/13 Proposed Budget 2013 -14 Percent Change against 2012 -13 Amended Percent of Revenue 2013 -14 Proposed Budget Revenues: 496,566 83,000 506,566 86,000 505,316 103,600 535,706 57,000 5.75% - 33.72% AD VALOREM TAXES & INTR. SPONSORSHIP RAISED Total Revenues Expenditures.. 579,566 592,566 608,916 592,706 0.02% 185,900 35,000 10,000 45,000 50,000 325,900 214,999 39,797 30,300 285,096 579,566 610,996 i 190,300 47,000 13,000 18,041 50,000 318,341 201,458 33,397 37,800 272,655 592,566 590,996 210,891 47,000 13,000 15,000 50,000 335,891 200,645 34,195 36,391 271,230 608,916 607,121 185,528 25,000 25,000 50,000 285,528 213,802 57,131 34,762 305,695 592,706 591,223 -2.51% - 46.81% - 100.00% 38.57% 40.00% -0.01% 6.13% 71.07% -8.04% 12.12% 0.10% 0.10% MARKETING /PROMOTION 31.30% ECONOMIC DEVELOPMENT 4.22% RETAIL PROMOTIONS 0.00% PLACE MAKING 4.22% TOTAL ECON. DEV. GRANTS 8.44% TOTAL DDA PROJECTS 48.17% Payroll Expenses 36.07% Operational Expenses 9.64% Office Expenses 5.86% Total Admin. Expenses 51.58% Total Revenues Less Total Expenses 99.75% (over) /under spent (31,430) 33,000 1,570 0 1,795 0 1,483 0 H. Alan Sponsor (misalloc) Net Income for year 1,570 1,570 1,795 1,483 Raised Revenues 83,000 86,000 103,600 58,642 57,000 SPONSORSHIP RAISED IN KIND REVENUES Total Raised Revenues 83,000 86,000 162,242 57,000 MEMORANDUM TO: Mayor and City Commissioners FROM: Lisa M. Herrmann, Budget Officer David A. Boyd, Finance Director THROUGH: Louie Chapman, Jr., City Manager DATE: September 11, 2013 SUBJECT: AGENDA ITEM N.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 RESOLUTION NO. 44-13 BUDGET ADOPTION FOR FY 2014 ITEM BEFORE COMMISSION Resolution No. 44 -13 provides for appropriation of sums of money for all necessary expenditures of the City for the period from the 1st of October 2013 to the 30th of September 2014. BACKGROUND The FY 2014 Budget appropriations are set forth in Exhibit A of the attached Resolution No. 44 -13. The budget utilizes an operating millage of 7.3546 and a debt service millage of 0.3453. Any recommended amendments to Exhibit A will also be addressed in the Resolution for final budget adoption. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the budget. RECOMMENDATION Recommend approval of Resolution No. 44 -13 - Final Budget Adoption for FY 2014 RESOLUTION NO. 44 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE I" DAY OF OCTOBER, 2013, TO THE 30`t' DAY OF SEPTEMBER, 2014; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit "A ", are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1s' day of October, 2013, and ending the 30ffi day of September, 2014, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1s' day of October, 2013, and ending the 30''' day of September, 2014. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30'' day of September, 2013, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1s' day of October, 2013. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1s' day of October, 2013. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefore. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Officer and /or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures /expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures /expenses which have been included in this resolution. Section 9. That public hearings were held on the budget on September 3, 2013 and September 17, 2013. Section 10. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 17th day of September, 2013. MAYOR ATTEST: City Clerk RES. NO. 44-13 CASH BALANCES BROUGHT FORWARE ESTIMATED REVENUES: TAXES AD VALOREM TAXES AD VALOREM TAXES AD VALOREM - DELINQUENT AD VALOREM - DDA Sales & Use Taxes Utility Taxes Other Taxes Franchise, Licenses & Permits Intergovernmental Charges for Services Fines & Forfeitures Miscellaneous Revenues Other Financing Sources TOTAL REVENUES AND OTHER FINANCING SOURCES TOTAL ESTIMATED REVENUES AND BALANCES EXPENDITURES /EXPENSES: General Government Services Public Safety Physical Environment Transportation Economic Environment Human Services Culture & Recreation Debt Service Other Financing Uses TOTAL EXPENDITURES /EXPENSES Millages 7.3546 0.3453 Reserves TOTAL EXPENDITURES AND RESERVES 1.0000 Exhibit A Budget Summary 9,956,270 DOWNTOWN 0 SPECIAL 9,956,270 GENERAL DEVELOPMENT ENTERPRISE REVENUE 56,147,750 FUND FUND FUNDS FUNDS TOTAL 3,396,180 1,480,620 0 1,500,750 0 2,981,370 46,669,600 0 0 0 46,669,600 2,168,970 0 0 0 2,168,970 350,000 0 0 0 350,000 0 535,706 0 0 535,706 1,305,000 0 0 0 1,305,000 5,235,000 0 0 0 5,235,000 4,174,000 0 0 0 4,174,000 8,991,630 0 1,200 0 8,992,830 6,599,600 0 245,750 651,100 7,496,450 10,517,540 0 43,029,310 0 53,546,850 998,500 0 0 93,750 1,092,250 5,916,510 57,000 250,930 618,040 6,842,480 4,553,240 0 1,075,000 1,024,620 6,652,860 97,479,590 592,706 44,602,190 2,387,510 145,061,996 98,960,210 592,706 46,102,940 2,387,510 148,043,366 9,956,270 0 0 0 9,956,270 56,054,000 0 0 93,750 56,147,750 558,110 0 27,489,430 0 28,047,540 3,396,180 0 0 0 3,396,180 7,218,610 591,223 0 1,394,940 9,204,773 59,750 0 0 0 59,750 14,453,430 0 3,667,720 893,680 19,014,830 3,996,990 0 6,588,980 0 10,585,970 3,216,870 0 7,256,630 0 10,473,500 98,910,210 591,223 45,002,760 2,382,370 146,886,563 50,000 1,483 1,100,180 5,140 1,156,803 98,960,210 592,706 46,102,940 2,387,510 148,043,366 Exhibit (As amended) DRAFT Budget Summary DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 1,684,190 1,500,750 0 3,184,940 ESTIMATED REVENUES: TAXES Millages AD VALOREM TAXES 7.1611 45,441,720 0 0 0 45,441,720 AD VALOREM TAXES 0.3453 2,168,970 0 0 0 2,168,970 AD VALOREM- DELINQUENT 350,000 0 0 0 350,000 AD VALOREM - DDA 1.0000 0 535,706 0 0 535,706 Sales & Use Taxes 1,305,000 0 0 0 1,305,000 Utility Taxes 5,235,000 0 0 0 5,235,000 Other Taxes 4,174,000 0 0 0 4,174,000 Franchise, Licenses & Permits 8,991,630 0 1,200 0 8,992,830 Intergovernmental 6,599,600 0 245,750 651,100 7,496,450 Charges for Services 10,517,540 0 43,029,310 0 53,546,850 Fines & Forfeitures 998,500 0 0 93,750 1,092,250 Miscellaneous Revenues 5,916,510 57,000 250,930 618,040 6,842,480 Other Financing Sources 4,553,240 0 1,075,000 1,024,620 6,652,860 TOTAL REVENUES AND OTHER FINANCING SOURCES 96,251,710 592,706 44,602,190 2,387,510 143,834,116 TOTAL ESTIMATED REVENUES AND BALANCES 97,935,900 592,706 46,102,940 2,387,510 147,019,056 EXPENDITURES /EXPENSES: General Government Services 9,843,550 0 0 0 9,843,550 Public Safety 55,501,330 0 0 93,750 55,595,080 Physical Environment 553,450 0 27,489,430 0 28,042,880 Transportation 3,362,190 0 0 0 3,362,190 Economic Environment 7,030,610 591,223 0 1,394,940 9,016,773 Human Services 59,750 0 0 0 59,750 Culture & Recreation 14,321,160 0 3,667,720 893,680 18,882,560 Debt Service 3,996,990 0 6,588,980 0 10,585,970 Other Financing Uses 3,216,870 0 7,256,630 0 10,473,500 TOTAL EXPENDITURES /EXPENSES 97,885,900 591,223 45,002,760 2,382,370 145,862,253 Reserves 50,000 1,483 1,100,180 5,140 1,156,803 TOTAL EXPENDITURES AND RESERVES 97,935,900 592,706 46,102,940 2,387,510 147,019,056 �o M rn to Ln rn Rt M 4-1 O I� CL I� o O a� o CL m a O -0 06 a) L O O O O O o 000 N Cl O �—I 00 llo c Ov -a O � Rt .�-I Ln Rt Ln r-I L (6 w Q M r-I to r-I to Ln 0 M I� N 00 00 cr c-I Rt Ol Ol q0 I_ b0 c-1 M Rt �t O tc o c V) V) x x E E O O f6 f6 > > N a) L s c a, � � , L c a, a Lu 4 L° 4. o m 7 a O Q Q 4- H H M H Lf Q O O Q a O O O O O 00 N N ' ' rlj rl r64 -1 00) 0A rl Ol O I- Ol ci C: (6 c-I 00 c-I c-I Lr O to Ln M 00 LL f6 U Rt r-I to N Ol to c N C& Ol Ol O L M R pp N N M Ln QJ v 3 n a) � a) cr) Ol Ln Rt Rt Rt Co ri 0 m ci M LfI O QJ * L O Q O to ' E O a Q O QJ m N .� >- LL v O •a y 0 N v Rt CF) O Rt CF) Rt 4a (1) 4 (1) V1 O M 00 c-I M N Ol a ° QJ i ° o �° o Rt CF) CL L c N Q• y0 7 � a � Ol Ol O U �o M rn to Ln rn Rt M 4-1 O I� CL I� o O a� o CL m a O -0 06 a) L O O O O O o 000 N Cl O �—I 00 llo c Ov -a O � Rt .�-I Ln Rt Ln r-I L (6 w Q M r-I to r-I to Ln 0 M I� N 00 00 cr c-I Rt Ol Ol q0 I_ M Ol M to co N M � (n I CO M 0o 0 Ln 0o N M`1 ml � m m O O 00 O AS a) q0 f6 C f6 a) > f6 � L q0 4� O E CL O CL bio � 4, O C C: U 76 4� V) V) O a� L I_ a) Q U L 4 U Z U o_ E 2 0 0 E 0 (6 0 Q 3 c V) V) x x E E O O f6 f6 > > N a) L s c a, � � , L c a, a Lu 4 L° 4. o m 7 a (6 0.0 4� Q Q O H H V) H M Ol M to co N M � (n I CO M 0o 0 Ln 0o N M`1 ml � m m O O 00 O AS a) q0 f6 C f6 a) > f6 � L q0 4� O E CL O CL bio � 4, O C C: U 76 4� V) V) O a� L I_ a) Q U L 4 U Z U o_ E 2 0 0 E 0 (6 0 Q MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, LEED GA, Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: September 10, 2013 SUBJECT: AGENDA ITEM 10.C1 - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 APPROVAL OF A FIVE YEAR CAPITAL IMPROVEMENT PLAN ITEM BEFORE COMMISSION The action requested of the City Commission is that of adoption of the proposed 5 -Year Capital Improvement Plan (CIP) for FY 2013 -14 — FY 2017 -18 and acceptance of the Planning and Zoning Board's finding of consistency of the proposed Five Year Capital Improvement Plan and FY 2014 Capital Improvement Budget with the Comprehensive Plan. BACKGROUND The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000, which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan, to which the City Commission will commit as part of the adopted annual budget. The proposed CIP (FY2013 -14 - FY2017 -18) is organized by funds, and then line items. Line items can be individual projects (i.e. Beach Renourishment), or annual allocations for repair and replacement such as "Building Maintenance" or "Vehicle Replacement ". Expenditures on current projects which are not completed in the current fiscal year will "carry over" into the next fiscal year. There is overall consistency of the proposed CIP with the Comprehensive Plan. The items contained in the Five -Year CIP are contained within the Goals, Objectives and Policies of the Comprehensive Plan. Projects listed in the CIP closely track the Comprehensive Plan, and are projected to be done within a comparable time frame. Although some projects are specifically identified, most are part of overall maintenance and improvement programs. REVIEW BY OTHERS The Planning and Zoning Board, acting as the Local Planning Agency, has the responsibility to review the CIB and CIP annually, prior to their adoption by the City Commission and issue a statement of consistency with the Comprehensive Plan. This responsibility is expressed in Capital Improvement Element Policies A -3.3 and A -3.4. The Planning and Zoning Board will consider the consistency of the categories and tasks referenced in the CIP with the Comprehensive Plan at its September 16, 2013 meeting. The finding of the Board will be presented at the City Commission meeting. RECOMMENDATION By motion, accept the Planning and Zoning Board's finding of consistency of the proposed 5 -Year Capital Improvement Plan (CIP) and FY 2014 Capital Improvement Budget with the Comprehensive Plan; and adopt the proposed 5 -Year Capital Improvement Plan (CIP) for FY 2013 -14 — FY 2017 -18. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: SEPTEMBER 16, 2013 AGENDA NO. VI. D. AGENDA ITEM: STATEMENT OF FINDING THAT THE PROPOSED FIVE YEAR CAPITAL IMPROVEMENT PLAN FOR FY 2013 -14 THROUGH FY 2017 -18 AND THE FY 2014 CAPITAL IMPROVEMENT BUDGET ARE CONSISTENT WITH THE COMPREHENSIVE PLAN. ITEM BEFORE THE BOARD The item before the Board is that of making a finding that the proposed Capital Improvement Plan (CIP) is consistent with the Comprehensive Plan. BACKGROUND The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000, which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan, to which the City Commission will commit as part of the adopted annual budget. The Planning and Zoning Board, acting as the Local Planning Agency, has the responsibility to review the CIB and CIP annually, prior to their adoption by the City Commission and issue a statement of consistency with the Comprehensive Plan. This responsibility is expressed in Capital Improvement Element Policies A -3.3 and A -3.4. The attached Current CIP (FY2012 -13 - FY2016 -17) and Proposed CIP (FY2013 -14 - FY2017- 18) are organized by funds, and then line items. Line items can be individual projects (i.e. Beach Renourishment), or annual allocations for repair and replacement such as "Building Maintenance" or "Vehicle Replacement ". Expenditures on current projects which are not completed in the current fiscal year will "carry over' into the next fiscal year. ANALYSIS The Capital Improvement Plan is reviewed each year by the Capital Improvement Committee consisting of the City Manager, Assistant City Manager, Finance Director, City Engineer, Planning & Zoning Director and Environmental Services Director. Pursuant to Guidelines in the Capital Improvement of the Comprehensive Plan (attached), proposed projects are prioritized within three categories, Critical Items (must be satisfied within the current year), Mandatory Items (should be satisfied within one year) and Desirable Items (should be satisfied in a time frame greater than one year) and then budgeted accordingly within the overall 5 -year program. As the CIP is compared to the Comprehensive Plan, there should be consistency with regard to the list of projects, cost estimates, and time frames. There is overall consistency of the proposed CIP with the Comprehensive Plan. The items contained in the Five -Year CIP are contained within the Goals, Objectives and Policies of the Comprehensive Plan. Projects listed in the CIP closely track the Comprehensive Plan, and are projected to be done within a comparable time frame. Although some projects are specifically identified, most are part of overall maintenance and improvement programs. For the purpose of this review, the CIP has been divided into major categories which relate to the elements of the Comprehensive Plan and the authorizing policies have been identified. Planning and Zoning Board Memorandum Staff Report — September 16, 2012 Consistency of the 5 -Year CIP with the Comprehensive Plan Page 2 COASTAL MANAGEMENT The CIP includes capital expenditures related to maintenance of the coastal ecosystem, including beach renourishment and sea turtle monitoring. These items, which total approximately $4.74 million over the next five years, are funded by the Beach Restoration Fund. Expenditures are authorized by the following Objective and Policies of the Coastal Management Element: Coastal Manaaement Element Obiective A -1 The City shall continue its established and ongoing programs for the purposes of protecting, conserving, and enhancing coastal wetlands, living marine resources, coastal barriers, wildlife habitat, beach erosion control, dune protection, and sea turtle protection. A report of the status of those programs shall be prepared annually and made available to the public at the Town Hall Meeting, at City Hall, and on the City's website. Policy A -1.3 The City shall undertake beach and dune studies as required by permitting agencies to monitor and maintain the Beach Renourishment Project. Policy A -1.5 The City shall protect sea turtles and their nesting habitat through continuation of lighting restrictions, monitoring and education programs. RECREATION The CIP includes capital expenditures related to the provision and maintenance of recreational facilities. These items, which total approximately $5.45 million over the next five years, are funded by the General Capital Improvements Fund, the City Marina Fund, the Recreation Impact Fee Fund, the Municipal Golf Course Fund, and the Lakeview Golf Course Fund. Equipment and debt service at the two municipal golf courses total $2.65 million over the five year period. In addition to improvements to various city parks and recreational facilities, major improvements include $621,500 for Pompey Park (pool redesign, building reroof and baseball field renovation), $593,000 for the Riverwalk, $398,000 for maintenance and rehabilitation at the Tennis Center, $200,000 for Merritt Park renovations, $180,000 for Atlantic Dunes Nature Trail, and $150,000 for renovations at Currie Commons park. The expenditures are authorized by the following Objective and Policies of the Open Space and Recreation Element. Open Space & Recreation Element Objective A -2 Park and recreation facilities shall be adequately and efficiently provided with adequate parking and public access and shall be compatible with surrounding existing properties and new development through implementation of the following policies: Policy A -2.1 The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Policy A -2.2 The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. Planning and Zoning Board Memorandum Staff Report — September 16, 2012 Consistency of the 5 -Year CIP with the Comprehensive Plan Page 3 Policy A -2.3 Funds shall be allocated, on an annual basis, for the purpose of achieving Policy A -2.2. This mechanism shall only be one of the funding sources which are applied to meeting that policy. Policy A -2.6 As part of the preparation of Strategic Task Team Neighborhood Action Plans, the City shall evaluate the possibility of establishing neighborhood or "pocket parks" in the area for which the plan is being prepared. The evaluation should include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines the parameters of the park and is responsible for construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces. Policy A -2.10 All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation System Master Plan. BEAUTIFICATION The CIP includes capital expenditures related to landscape and streetscape projects. These items, which total approximately $3.59 million over the next 5 years, are funded by the Beautification Trust Fund, the Neighborhood Services Fund, and the General Capital Improvements Fund. Major expenditures include $860,500 for NE 2nd Avenue /Seacrest beautification, $446,500 for SW 1 st Avenue beautification, and $140,000 to improve curb appeal, and $40,000 in bond interest for streetscape improvements to Federal Highway. The expenditures are authorized by the following Objectives and Policies of the Open Space and Recreation Element and Transportation Element: Open Space & Recreation Element Objective B -1 The retention and creation of visual open space areas is vital to meeting the overall goals of the Comprehensive Plan. Part of the image of open space is that of vistas and streetscapes. The maintenance of vistas, enhancement of the streetscapes, and additional open space are objectives which shall be accomplished through the following: Policy B -1.2 The City shall continue its on -going street beautification efforts, including programs such as Adopt -A -Tree, landscaping upgrades as part of street construction projects, and an emphasis on providing sufficient funds to maintain existing landscaping at a high level. Transportation Element Objective B -3 The accommodation of traffic, accomplished through street widening, shall not detract from the aesthetics of the community and shall be accomplished through an integrated multi -modal transportation system, and traffic demand management initiatives. Policy B -3.1 The City shall continue its public street beautification program, for median and perimeter landscaping. Policy B -3.2 The City shall continue to budget sufficient funds to maintain streetscapes under its jurisdiction for community aesthetics. Policy D -3.9 The City and CRA shall implement a plan for enhancement of the US -1 corridor (NE /SE 5th Avenue and NE /SE 6th Avenue) between NE 8th Street and SE 10th Street through beautification and the provision of improved safety, parking, bike lanes and pedestrian circulation. Improvements supported by the traffic circulation test conducted in 2008 shall be Planning and Zoning Board Memorandum Staff Report — September 16, 2012 Consistency of the 5 -Year CIP with the Comprehensive Plan Page 4 constructed in phases between FY 2009/10 and FY 2014/15. Adjacent new development and redevelopment shall be required to contribute toward the costs of these improvements. HOUSING The CIP includes capital expenditures related to maintenance and improvement of the City's housing supply. These items, which total approximately $5.07 million over the next 5 years, are funded by the Neighborhood Services Fund. Major improvements include $760,000 for neighborhood stabilization, including acquisition, renovation and sale of foreclosed homes, $1.85 million for housing rehabilitation, and $937,000 for neighborhood housing. The expenditures are authorized by the following Objective and Policies of the Housing Element: Housing Element Objective A -7 The City shall work to upgrade substandard housing conditions by providing programs to improve the structural and aesthetic conditions of its existing housing stock and neighborhoods and address the needs of displaced residents. Most programs will be targeted to those areas that are showing the greatest signs of deterioration (those identified as "needing Revitalization" or "needing Rehabilitation" on the Residential Neighborhood Categorization Map); others will be available citywide. Policy A -7.1 Through its CDBG program, the City will continue to offer housing rehabilitation loans for the upgrading of substandard owner - occupied housing in designated target areas. Policy A -7.2 The City will participate in state and federal programs such as SHIP (State Housing Initiatives Partnership) and HOME, and to provide for the purchase and rehabilitation of existing housing and the construction of new housing. Policy A -7.3 The City will provide local funding for the rehabilitation of the exterior of existing owner - occupied units, including improvements such as new landscaping, painting, and replacement of doors and windows. This program shall be available on a citywide basis. Policy A -7.4 The City will continue to promote and fund programs such as Paint -Up Delray, Adopt -A- Street (litter control), Adopt -A -Tree (street tree plantings), and similar programs intended to improve the appearance of its neighborhoods. UTILITIES The CIP includes capital expenditures related to improvements and maintenance of City water, wastewater and drainage facilities. These items, which total approximately $21.8 million over the next 5 years, are funded by the Water /Sewer New Capital Outlay Fund, the Water /Sewer Renewal and Replacement Fund, and the Storm Water Utility Fund. In addition to construction of upgraded water, sewer and drainage systems throughout the City, improvements include $5.75 million for expansion of the reclaimed water transmission system, $1.07 million for reclaimed water customer connections, $4.35 million for Automated Meter Reading, and $1.8 million for Tropic Palms Water Main improvements. The expenditures are authorized by the following Objectives and Policies of the Public Facilities and Coastal Management Elements: Public Facilities Element Objective C -2 Upgrading of sewer and water facilities shall occur as quickly as possible based on available funding. System upgrades shall be funded through annual appropriations in the Water and Sewer Renewal and Replacement Fund. Planning and Zoning Board Memorandum Staff Report — September 16, 2012 Consistency of the 5 -Year CIP with the Comprehensive Plan Page 5 Policy C -2.1 A study has been completed determining the total program cost of addressing remedial work needed, for wastewater lines and lift stations, to correct the problems with inflow and infiltration. The City shall allocate annual expenditures to complete the project by 2015. Policy C -2.2 A study has been completed determining the total program cost of addressing remedial work needed to correct deficiencies in existing water lines. The City shall allocate annual expenditures to complete the project by 2015. Public Facilities Element Objective C -3 Installation of wastewater collection facilities shall be programmed and provided when the need is demonstrated. Policy C -3.2 Upgrading of existing wastewater facilities shall be provided for through annual appropriations in the capital improvement program. Public Facilities Element Objective C -4 Installation of potable water distribution facilities shall be programmed and provided when the need is demonstrated. Policy C -4.1 Upgrading of existing potable water facilities shall be provided for through annual appropriations in the capital improvement program. Public Facilities Element Objective E -1 A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. Public Facilities Element Objective E -2 Drainage improvements and flood control measures shall be financed through the Stormwater Utility Fee. Funded projects shall be located throughout the City as opposed to being concentrated in a single quadrant. The fee shall be reassessed upon completion of the program. Coastal Management Objective A -3 The City shall protect and enhance the quality of the marine habitat through support for effluent reuse and deep water injection by the South Central Regional Wastewater Treatment Facility Board, with the ultimate goal of eliminating dependence on the ocean outfall for other than emergency and DEP permitted exceptions. PUBLIC BUILDINGS & OTHER FACILITIES The CIP includes capital expenditures related to new and existing public buildings, facilities and equipment. These items, which total approximately $26.85 million over the next 5 years, are funded by the General Capital Improvements Fund, Public Arts Program, and the Central Garage Fund. In addition to general maintenance and upgrades to buildings, equipment and systems throughout the City, improvements include $8.25 million for a new parking garage in the Gladiola parking lot on SE 6t" Avenue (block 117), $6 million for replacement of the Police Department's Motorola Radio and $9.65 million for replacement of City vehicles (including police and fire). The expenditures are authorized by the following Objective and Policies of the Public Facilities Element: Planning and Zoning Board Memorandum Staff Report — September 16, 2012 Consistency of the 5 -Year CIP with the Comprehensive Plan Page 6 Public Facilities Element Obiective D -1 Provisions are to be implemented to maintain and upgrade existing public facilities to a state of the art level of service and improve the appearance of the facilities. Policy D -1.1 The City shall continue its established program for the maintenance and repair of buildings and facilities, including such items as roof replacement and major structural repair, in a timely manner to maintain the viability of the facility. Policy D -1.2 The City shall continue its established program for the replacement of irreparable or obsolete buildings, facilities, and major facility elements and the upgrading of existing facilities to maintain their ability to deliver the established level of service to the community. TRANSPORTATION The CIP includes capital expenditures related to maintenance and improvement of the City's transportation systems, including automotive, pedestrian and public transportation. These items, which total approximately $3.04 million over the next 5 years, are funded by the General Capital Improvements Fund. In addition to general maintenance of existing roadways and sidewalks, major improvements include $1 million for the annual street resurface /reconstruction program, $357,000 for the railroad crossing annual maintenance program, $175,000 for Osceola Park alleys, $140,000 for citywide master signage, and $120,000 for Atlantic Avenue street light replacements. The expenditures are authorized by the following Objectives and Policies of the Public Facilities Element and Transportation Element: Public Facilities Element Objective E -3 The street system under the City's jurisdiction shall be maintained and enhanced to provide a uniform level of service throughout the City and provide a safe and convenient transportation network. Policy E -3.1 The program of resurfacing streets shall be maintained with at least the current funding level. Policy E -3.2 The City shall program installation of sidewalks on an annual basis, with the goal of completing a safe and convenient sidewalk system throughout the City by the year 2010. Transportation Element Objective B -2 Travelways which are primarily used by residents (local streets) shall receive special attention in order to assure that they remain accessible to residents and provide for easy traffic flow. This objective shall be implemented through the following tasks. Policy B -2.1 The City Engineer shall determine intersections which have congestion on an as needed basis. An inventory shall be maintained, and necessary improvements funded through the street improvement capital budget of the Environmental Services Department. Items to be addressed and corrected may include the following: • Where restrictions to efficient traffic flow exist they shall be removed. • Where appropriate, turn lanes should be provided in lieu of traffic lights or four -way stops in order to accommodate turning movements without hindering through traffic. • Where traffic signals exist, turn arrows will be installed when warranted. • Where signals do not exist and equivalent traffic volumes enter an intersection, four -way stops and traffic calming devices should be considered. Planning and Zoning Board Memorandum Staff Report — September 16, 2012 Consistency of the 5 -Year CIP with the Comprehensive Plan Page 7 Transportation Element Objective D -2 Facilities which accommodate the needs of the handicapped, pedestrians and bicyclists shall be assessed and required during development review, complying with state and national standards. Policy D -2.1 Bicycle traffic shall be accommodated in the design and construction of Collector and Arterial roadways. These improvements are to emphasize safer bicycle movements by including bicycle lanes where there is sufficient right -of -way. The City, by adoption of this policy, requests that such improvements be included on all projects undertaken per Florida Department of Transportation or the County five -year road program, as well as the City's Capital Improvement Program. RECOMMENDED ACTION By motion, make a finding that the proposed Five Year Capital Improvement Plan for FY 2013- 14 through FY 2017 -18 and the FY 2014 Capital Improvement Budget are consistent with the Comprehensive Plan. Attachments: • Current & Proposed Cl P • "Guidelines for Prioritizing of Capital Improvement Projects" (from CIP Element in Comprehensive Plan) Current 5 -Year CIP TABLE CI -CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2012 -13 FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 BEAUTIFICATION TRUST FUND Computerized Irrigation System 50,000 0 0 0 0 TOTALS: $50,000 $0 $0 $0 $0 NEIGHBORHOOD SERVICES FUND Western Settlers' Grnt Prog 50,000 50,000 50,000 50,000 50,000 Curb Apeal 50,000 50,000 50,000 50,000 50,000 Neighborhood Stabilization -CRA 203,420 203,420 203,420 203,420 203,420 Neighborhood Stabilization -DCA 494,620 494,620 494,620 494,620 494,620 Planning Administration 74,170 74,170 74,170 74,170 74,170 Housing Rehab - Federal Grant 284,980 284,980 284,980 284,980 284,980 Grants /Aids -Fed Grant -Econ Devel 125,000 125,000 125,000 125,000 125,000 Neighborhood Housing 181,300 181,300 181,300 181,300 181,300 TOTALS $1,463,490 $1,463,490 $1,463,490 $1,463,490 $1,463,490 BEACH RESTORATION FUND Beach Tilling 0 15,124 15,580 16,050 0 Final & Constr Engineering 185,214 0 0 0 0 Pre /Post Constr Surveys 86,637 52,550 54,125 55,750 57,422 Pre /Post Constr Surveys 18,124 0 0 0 0 Post - Construction Environmental 34,862 0 0 0 0 Construction Administration 19,884 0 0 0 0 Construction Loan Interest 140,000 68,000 0 0 0 Renourish -Fill Placemnt 8,820,110 0 0 0 0 Sea Turtle Monitoring 45,550 38,748 38,748 44,038 45,360 Travel, Training, memberships 9,800 9,800 9,800 9,800 9,800 Yearly replacement (snow fence) 8,000 8,000 8,000 8,000 8,000 Contingency 38,810 219,839 Bond Issuance Expense 15,000 612,000 612,000 612,000 612,000 Beach Renourishment Note Principal 0 8,980,596 TOTALS: $9,421,991 $10,004,657 $738,253 $745,638 $732,582 LAW ENFORCEMENT TRUST FUND Machinery and Equipment 30,000 0 0 0 0 TOTALS: $30,000 $0 $0 $0 $0 GENERAL CAPITAL IMPROVEMENTS Atl Ave St Light Post Rplmnt 0 50,000 50,000 50,000 100,000 Atlantic Dunes Nature Trail 0 0 161,000 0 0 Ballfields Cont Link Syst 0 58,000 0 0 0 Beach Master Plan 73,900 73,900 73,900 73,900 Block 117 Garage Study 50,000 0 0 0 0 Building Maintenance (FY 13 -17) 150,000 150,000 150,000 150,000 150,000 City Atty Window R/R 25,000 0 0 0 0 City Hall Chiller A/C 50,000 0 0 0 0 Computer /Equipment Repl (FY 13 -17) 110,000 70,000 70,000 70,000 70,000 Currie Commons 0 150,000 0 0 0 Fed Hwy Beautification 11,080,000 0 0 0 0 Fire Bay Sprinklers 0 0 0 40,000 0 Fire Dept - Defib /Monitor (FY 13 -14) 52,000 52,000 0 0 0 Fire Deisel Exhaust System 0 225,000 0 0 0 Fire HQ Public Plaza 225,000 0 0 0 0 Fire In- Vehicle Router 0 0 0 0 77,800 Fire Mobile Radio Repeat 53,000 0 0 0 0 Fire Telephone System 0 0 100,000 0 0 Fire Training Center 0 248,400 219,650 0 0 Fire Vehicle Laptop Replacement 0 62,400 100,000 0 0 Fire Video Confer Server 0 0 30,000 0 0 Fire -SCBA 600,000 0 0 0 0 FS 2 Generator Upgrade 0 0 0 40,000 0 FS 3 Generator Upgrade 0 0 0 40,000 0 Hilltopper Bathroom Renovation 0 0 197,000 0 0 IT -Data Cabling /Switches 70,000 0 0 0 0 IT Firewall Security 39,000 0 0 0 0 Keyless Lock /Entry System 0 0 0 0 100,000 Little Fenway Park Bldg. 0 300,000 0 0 0 Merritt Park Renovation 0 115,000 0 0 0 Miller Park Cmbust Gas Mit 0 0 0 170,000 0 Miller Park Shade System 0 0 0 86,100 0 NE 2nd Av /Seacrest Beaut. 110,000 0 800,470 0 0 NE 3rd Streetscape 60,000 420,000 0 0 0 NE 7th Av Alley 0 0 0 50,000 0 NE 8th Av Paving 0 0 0 84,300 0 Nei hborhood Enhancements 1 20,000 6--____01 35,000 25,000 CI -26 Current 5 -Year CIP TABLE CI -CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2012 -13 FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 NW 12Av- Atlantic /MLK 575,000 0 0 0 0 OSS Site /Park Improvmnts 0 0 0 310,500 0 Osceola Alleys Phase 2 230,000 0 0 0 0 Parks LED Message Signs 0 0 0 231,200 0 Parks Master Plan 35,000 0 0 0 0 Police A/C Replacement 30,000 0 0 0 0 Police Access Control Sys 45,000 0 0 0 0 Police AED's 0 0 60,000 80,000 0 Police Consoles 70,000 0 0 0 0 Police Disk Storage Expansion 26,000 0 0 0 0 Police Evidence Storage 0 60,000 0 0 0 Police Motorola Radio Repl 0 0 6,000,000 0 0 Police OmniTrak Latent Sta 0 82,000 0 0 0 Police Patrol Vehicle GPS 0 161,500 0 0 0 Police Comp Rm Relocate 57,500 0 0 0 0 Police In Car Video System 72,000 0 48,000 0 0 Pompey Gym PA System 0 0 0 25,000 0 Pompey Pool Redesign 0 356,500 0 0 0 Pompey Park Shade System 0 0 0 0 66,000 RR X -ing Annual Maint 0 113,000 116,000 119,000 123,000 SE 2 St - Swinton SE 3 AV 635,000 0 0 0 0 Seacrest By -NE 8th St G Stream 0 0 422,700 0 0 Sidewalks /Bikepaths 0 0 50,000 50,000 50,000 Street Resurf/Reconstr FY 13 -17 200,000 150,000 160,000 170,000 180,000 S Swinton - SW /E 1st Signal 115,000 0 0 0 0 SW 1 Av -SW 1 St -Atl Av 0 0 446,500 0 0 SW 10th Street CSX Crossing 210,000 0 0 0 0 Swinton & Atlantic Intersection 80,000 511,000 0 0 0 Tennis Center Equipment Storage Enclosure 0 0 25,000 0 0 Tennis Court Rehab FY 13 -17 53,470 60,000 60,000 60,000 60,000 Traffic Calming 0 0 0 50,000 100,000 Tree Grate Replacements 136,600 0 0 0 0 Bond Interest Expense -Fed Hwy Beautification 153,000 0 0 0 0 Veteran ParkPlayground R/R 277,000 0 0 0 0 TOTALS: $15,694,570 $3,468,700 $9,340,220 $1,985,000 $1,175,700 CITY MARINA FUND Riverwalk 0 0 0 0 547,900 TOTALS: $0 $0 $0 $0 $547,900 WATER/SEWER NEW CAPITAL OUTLAY Greenbriar Dr. Sewer 0 0 0 0 287,500 Rclmd Mr Customer Conn. FY 13 -17 50,000 220,000 220,000 220,000 220,000 Reclaim Water, Area 12A Phase 2 1,250,000 Reclaim Water Area 6 0 0 125,000 930,000 0 Reclaim Water Area 8 0 0 0 0 600,000 Reclaim Water, Area 12B 0 163,050 1,087,000 0 0 TOTALS: $50,000 $1,633,050 $1,432,000 $1,150,000 $1,107,500 WATER/SEWER RENEWAL & REPLACEMENT FUND Auto Hydrant Flusher 100,000 0 0 0 0 Automated Mtr Rdng (AMR) FY 13 -17 1,000,000 1,000,000 1,200,000 1,390,000 1,000,000 Bldg LS Wet Well Rehab FY 13 -17 70,000 70,000 70,000 70,000 70,000 Delray Shores W/M 623,200 375,000 375,000 0 0 Eldorado /Sunshine W M 0 300,000 200,000 0 0 Elevated Storage Tank Maint. FY 13 -17 19,000 19,000 19,000 19,000 19,000 Fed Hwy Beautification 500,000 0 0 0 0 Hydrant Flushing Contract FY 13 -17 70,000 70,000 70,000 70,000 70,000 Large Water Mtr Rplcmnts 20,000 35,000 0 0 0 Lift Station Rehab FY 13 -17 75,000 75,000 75,000 75,000 75,000 NE 3rd Street Streetscape 15,000 90,000 0 0 0 NE 8th Av Paving 0 0 0 50,000 0 NW 12th Av - Atlantic /MLK 75,000 0 0 0 0 NW 12th Street WM 0 0 402,500 0 Production Well Rehab FY 13 -17 100,000 100,000 100,000 100,000 100,000 Public Utility Generator Rplcmt FY 14 -17 0 75,000 75,000 75,000 75,000 Raw Water Valves at WTP FY 13 -15 60,000 60,000 60,000 0 0 San Swr Main Rehab FY 13 -17 100,000 100,000 100,000 100,000 100,000 San Swr Manhole Rehab FY 14 -17 0 50,000 50,000 50,000 50,000 Seacrest Blvd -NE 8 St Gstream 0 0 50,000 0 0 SW 11th Av WM 0 0 0 103,500 0 UTB Renovations 100,000 0 0 0 0 Water Meter Replacement FY 13 -17 150,000 0 0 0 0 Water Service Relocation FY 13 25,0001 25,000 25,000 25,000 25,000 CI -27 Current 5 -Year CIP TABLE CI -CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2012 -13 FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 Water Valve Replacement FY 13 -17 36,000 36,000 36,000 36,000 36,000 WTP Bleach Tank 30,000 WTP Filter Backwash Valve 25,000 25,000 25,000 25,000 WTP Filter Drain Valves 0 60,000 60,000 60,000 60,000 Wtr Mtr Rplmnt Cntrct Src FY 13 -17 0 50,000 50,000 50,000 50,000 TOTALS: $3,193,200 $2,615,000 $2,640,000 $2,701,000 $1,730,000 MUNICIPAL GOLF COURSE Machinery/Equipment( <$25,000) 125,000 100,000 100,000 100,000 100,000 DB Golfcourse Arifer 25,000 0 0 0 0 DB Golfcourse Carpet 55,000 0 0 0 0 Debt Service - Bonds 409,750 410,480 409,320 408,770 0 Debt Service -Cart Lease 31,850 32,470 32,470 32,470 32,470 TOTALS: $646,600 $542,950 $541,790 $541,240 $132,470 LAKEVIEW GOLF COURSE Debt Service -Bonds 225,390 163,550 164,620 163,260 0 Debt Service -Cart Lease 25,000 25,000 25,000 25,000 25,000 LV Golf Course Equip -FY 13 -17 30,000 25,000 25,000 25,000 25,000 TOTALS: $280,390 $213,550 $214,620 $213,260 $50,000 RECREATION IMPACT FEE FUND Merritt Park 0 60,000 0 0 0 Beach Pavilion 180,300 0 0 0 0 TOTALS: $180,300 $60,000 $0 $0 $0 STORMWATER UTILITY FUND Alley Drainage Improvements 75,000 0 0 0 0 Basin Pump Station Upgrade 0 172,500 0 0 0 Debt Service -Bonds 105,100 106,850 106,840 107,150 104,470 Drainage Swales - FY 13 -17 70,000 70,000 100,000 100,000 100,000 Fed Hwy Beautification 700,000 0 0 0 0 Gleason Street Drainage 60,000 0 0 0 0 Lift Stat Level Transmitters 30,000 0 0 0 0 NE 3rd Street Streetscape 15,000 90,000 0 0 0 NE 7th Avenue Alley 0 0 0 42,000 0 NE 8th Av Paving 0 0 0 75,000 0 NE 12th Ave Atlantic /MLK 125,000 0 0 0 0 SE 2 St - Swinton SE 3rd Ave 170,000 0 0 0 0 Seacrest Bvld -NE 8 St Gstream 0 0 162,800 0 0 Seabreeze Drainage 57,500 0 0 0 0 Storm Mr Pmp Stat. Rehab FY 13 -17 0 75,000 75,000 75,000 75,000 Swinton & Atlantic Inters 10,000 89,000 0 0 0 SW 1 Av -SW 1 St /Atlantic Av 0 0 232,000 0 0 Thomas Pump Station Upgrade 0 172,500 0 0 0 TOTALS: $1,417,600 $775,850 $676,640 $399,150 $279,470 CENTRAL GARAGE FUND ALS Rescue Repl FY 13 -14 296,600 0 311,400 322,300 333,600 Brush Truck Replacement 303,800 0 0 0 0 Fire Dept Sery Unit 35,000 35,000 0 0 0 Fire Dept Fire Engine 587,100 604,700 622,900 641,500 660,800 Vehicle Replacement FY 13 -17 860,000 865,000 870,000 875,000 880,000 Vehicle Restoration - FY 13 -17 70,700 70,800 70,900 71,000 71,000 PD Mobile Comand Vehicle 0 600,000 0 0 0 Police -VIN Platform Replacement 155,600 0 0 0 0 TOTALS: $2,308,800 $2,175,500 $1,875,200 $1,909,800 $1,945,400 CI -28 Proposed 5 -Year CI P TABLE CI -CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 FY 2017 -18 BEAUTIFICATION TRUST FUND Computerized Irrigation System 50,000 0 0 0 0 TOTALS: $50,000 $0 $0 $0 $0 NEIGHBORHOOD SERVICES FUND Ship Program - State Grant 87,540 0 0 0 0 Western Settlers' Grnt Prog 65,000 40,000 40,000 40,000 40,000 Curb Appeal 0 35,000 35,000 35,000 35,000 Neighborhood Stabilization -CRA 203,420 100,000 50,000 0 0 Neighborhood Stabilization -DCA 257,130 100,000 50,000 0 0 Residential Mitigation Program 150,000 0 0 0 0 Planning Administration 65,210 80,000 80,000 80,000 80,000 Housing Rehab - Federal Grant 296,970 350,000 400,000 400,000 400,000 CDBG Misc. Exp. - Federal Grant 25,000 100,000 80,000 80,000 80,000 Grants /Aids -Fed Grant -Econ Devel 62,030 70,000 60,000 60,000 60,000 Neighborhood Housing 187,780 187,270 187,270 187,270 187,270 TOTALS $1,400,080 $1,062,270 $982,270 $882,270 $882,270 BEACH RESTORATION FUND Beach Tilling 15,120 16,050 0 0 0 Pre /Post Constr Surveys 52,550 55,750 57,422 59,146 60,920 Sea Turtle Monitoring 51,350 53,150 44,038 45,360 48,120 Travel, Training, memberships 9,300 9,300 9,300 9,300 9,300 Yearly replacement (snow fence) 8,000 8,000 8,000 8,000 8,000 Beach Renourishment Note Interest 68,000 0 0 0 0 Beach Renourishment Note Principal 4,026,780 0 TOTALS: $4,231,100 $142,250 $118,760 $121,806 $126,340 PUBLIC ARTS PROGRAM Block 117 Garage 0 99,000 0 0 0 TOTALS: $0 $99,000 $0 $0 $0 GENERAL CAPITAL IMPROVEMENTS Atl Ave St Light Rplmnt 0 40,000 40,000 40,000 0 BLK 117 Garage Study 750,000 6,501,000 0 0 0 Block 8 Alley 98,000 0 0 0 0 Block 19 &20 Alley Improvements 50,000 0 0 0 0 Bond Interest Expense -Fed Hwy Beautification 40,000 0 0 0 0 Building Maintenance (FY 14 -18) 200,000 200,000 200,000 200,000 200,000 City Hall Air Hndlr Upgrd 50,000 0 0 0 0 City Wide Master Signage 50,000 40,000 50,000 0 0 CRA Dist Sidewalks FY 14 50,000 0 0 0 0 E Atlantic Av Median 30,000 0 0 0 0 E Atl Av Ped Improvements 75,000 0 0 0 0 Fire Dept - Defib /Monitor (FY 13 -14) 0 52,000 0 0 0 Fire Diesel Exhause Sys 0 225,000 0 0 0 Fire HQ Public Plaza 250,000 0 0 0 0 Fire Laptop Replace 62,400 0 0 0 0 FS 2 Generator Upgrade 40,000 0 0 0 0 FS 3 Generator Upgrade 0 0 0 40,000 0 FS 5 Generator Upgrade 50,000 0 0 0 0 IT -Comp Equip R/R (FY 14 -18) 115,000 90,000 90,000 90,000 90,000 IT -Data Cabling /Switches (FY 12/13) 45,000 0 0 0 0 IT -OMS Server Replacement 295,000 0 0 0 0 IT -PSS Server Replacement 0 0 0 295,000 0 IT -Rapid Recovery System 105,000 0 0 0 0 Little Fenway Park Bldg 115,000 0 0 0 0 NE 2 Ave /Seacrest Beaut. 0 860,500 0 0 0 NE 3rd Street Scape 440,000 0 0 0 0 NW 12Av- Atlantic /MLK 550,000 0 0 0 0 Osceola Alleys Phase 2 175,000 0 0 0 0 OSS Gym AC R &R 80,000 0 0 0 0 PD AED's 0 60,000 80,000 0 0 PD Laptop Replace 0 275,000 275,000 0 0 PD Motorola Radio Repl 0 6,000,000 0 0 0 PD OmniTrak Latent Sta 0 0 82,000 0 0 Police Comp Rm Relocate 0 0 0 252,300 0 Police In Car Video System 0 0 48,000 0 0 PD -Range Roof 45,000 0 0 0 0 PR- Atlantic Dunes Nature Trail 0 0 0 180,600 0 PR -Bch Master Plan FY 14 73,900 0 0 0 0 PR- Cannery Row Park 150,000 0 0 0 0 PR- Currie Park Renovation 0 150,000 0 0 0 PR -Life uard Towers FY 14 1 72,000 0 72,000 0 0 CI -26 Proposed 5 -Year CI P TABLE CI -CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 FY 2017 -18 PR- Miller Park Shade Syst 0 0 90,000 0 0 PR- Pompey Baseball Field Renovation 40,000 0 0 0 0 PR- Pompey Bldg Reroof 225,000 0 0 0 0 PR- Pompey Pool Redesign 46,500 310,000 0 0 0 RR X -ing Annual Maint (FY 14- 18) 132,000 0 75,000 75,000 75,000 S Swinton -SW /SE 1 st Signal 250,000 0 0 0 0 SE 2 St - Swinton SE 3 AV 580,000 0 0 0 0 Street Resurf/Reconstr - FY 14 - 18 200,000 200,000 200,000 200,000 200,000 SW 1 Av -SW 1 St -Atl Av 0 446,500 0 0 0 SW 10th /9th Ave Imp rov 180,000 0 0 0 0 SW 2nd Terr 77,000 0 0 0 0 Swinton & Atlantic Intersection 120,000 555,000 0 0 0 TC- Tennis Court Rehab (FY 14/18) 48,000 50,000 50,000 50,000 50,000 TC - Staduim Maintenance 30,000 30,000 30,000 30,000 30,000 TOTALS: $5,984,800 $16,085,000 $1,382,000 $1,452,900 $645,000 CITY MARINA FUND Riverwalk 0 0 0 83,000 510,000 TOTALS: $0 $0 $0 $83,000 $510,000 WATER/SEWER NEW CAPITAL OUTLAY Rclmd Wtr Customer Conn. FY 14 185,000 220,000 220,000 220,000 220,000 Reclaim Water, Area 12A Phase 2 1,250,000 0 0 0 0 Reclaim Water Area 6 0 125,000 930,000 0 0 Reclaim Water Area 8 0 0 90,000 600,000 0 Reclaim Water Area 10 0 0 0 285,000 1,200,000 Reclaim Water, Area 12B 165,000 1,100,000 0 0 0 TOTALS: $1,600,000 $1,445,000 $1,240,000 $1,105,000 $1,420,000 WATER/SEWER RENEWAL & REPLACEMENT FUND Auto Hydrant Flusher 100,000 100,000 0 0 0 Automated Mtr Rdng (AMR) FY 14 -18 1,000,000 1,200,000 1,147,000 1,000,000 0 Delray Shores W/M Phase 2 374,900 369,900 0 0 0 Eldorado /Sunshine W M 0 0 0 190,000 309,000 Elevated Storage Tank Maint. FY 14 -18 19,000 19,000 19,000 19,000 19,000 Hydrant Flushing Contract FY 14 -18 70,000 70,000 70,000 70,000 70,000 Lift Station Rehab FY 14 -18 75,000 75,000 75,000 75,000 75,000 LS Wet Well Rehab FY 14 -18 70,000 70,000 70,000 70,000 70,000 NE 2nd Ave /Seacrest Beautification 0 30,000 0 0 0 NE 3rd Street Streetscape 50,000 0 0 0 0 NW 12th Street WM 0 0 0 0 402,500 Production Well Rehab FY 14 -18 100,000 100,000 100,000 50,000 150,000 Public Utility Generator Rplcmt FY 14 -18 75,000 75,000 75,000 75,000 75,000 San Swr Main Rehab FY 14 -18 100,000 100,000 100,000 50,000 150,000 San Swr Manhole Rehab FY 14 -18 50,000 50,000 50,000 50,000 50,000 SW 11th Av WM 0 0 0 0 103,500 SW 2nd Terr 75,000 0 0 0 0 System 58A Force Main Replacement 45,000 225,000 0 0 0 System 87 Force Main Replacement 0 32,000 210,000 0 0 Tropic Palms WM Phase 1 0 75,000 500,000 Tropic Palms WM Phase 2 63,000 414,500 Tropic Palms WM Phase 3 99,000 660,000 Water Meter R/R Contr FY 14 -18 50,000 50,000 50,000 50,000 50,000 Water Service Relocation FY 14 -18 25,000 25,000 25,000 25,000 25,000 Water Valve R/R FY 14 -18 36,000 36,000 36,000 0 36,000 WTP Clarifier 1 &3 Rehab 160,000 0 0 0 0 WTP Filter Drain Valves FY 14 -18 60,000 60,000 60,000 0 60,000 TOTALS: $2,534,900 $2,761,900 $2,650,000 $2,237,500 $2,305,000 MUNICIPAL GOLF COURSE Machinery/Equipment( <$25,000) 97,600 100,000 100,000 100,000 100,000 Debt Service - Bonds 410,490 409,320 408,770 0 0 Debt Service -Cart Lease 0 32,470 32,470 32,470 32,470 TOTALS: $508,090 $541,790 $541,240 $132,470 $132,470 LAKEVIEW GOLF COURSE Debt Service -Bonds 163,550 164,619 163,856 0 0 Debt Service -Cart Lease 28,650 41,860 41,860 41,860 13,210 LV Golf Course Equip -FY 14 -18 35,000 25,000 25,000 25,000 25,000 TOTALS: $227,200 $231,479 $230,716 $66,860 $38,210 RECREATION IMPACT FEE FUND Merritt Park 200,000 0 0 0 0 TOTALS: $200,000 $0 $0 $0 $0 CI -27 Proposed 5 -Year CI P TABLE CI -CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 FY 2017 -18 STORMWATER UTILITY FUND Basin Pump Station Upgrade 0 172,500 0 0 0 Block 8 Alley 40,000 0 0 0 0 Drainage Swales FY 14 -18 100,000 100,000 100,000 100,000 100,000 Fire HQ Public Plaza 75,000 0 0 0 0 NE 2nd Av /Seacrest Blvd 0 30,000 0 0 0 NE 3rd Street Streetscape 110,000 0 0 0 0 Osceola Alleys Phase 2 25,000 0 0 0 0 Pump Station Rehab FY 14 -18 50,000 100,000 250,000 250,000 250,000 SW 1 Av -SW 1 St /Atlantic Av 0 232,000 0 0 0 SW 2nd Terr 55,000 SW 10th /9th Ave Imp rov 50,000 Swinton & Atlantic Intersection 30,000 95,000 0 0 0 Thomas Pump Station Upgrade 0 0 172,500 0 0 TOTALS: $535,000 $729,500 $522,500 $350,000 $350,000 CENTRAL GARAGE FUND ALS Rescue Repl FY 13 -18 311,400 0 0 322,300 333,600 Brush Truck Replacement 0 0 303,800 0 0 Fire Dept Sery Unit 35,000 0 0 0 0 Fire Dept Fire Engine 604,700 622,900 0 660,100 660,800 Vehicle Replacement FY 14 -18 900,000 915,000 930,000 945,000 960,000 Vehicle Restoration - FY 14 -18 75,000 70,900 80,000 85,000 90,000 PD Mobile Comand Vehicle 97,480 650,000 0 0 0 TOTALS: $2,023,580 $2,258,800 $1,313,800 $2,012,400 $2,044,400 CI -28 GUIDELINES FOR PRIORITIZING OF CAPITAL IMPROVEMENT PROJECTS Introduction The following describes the framework within which budget decisions are made for both the annual Capital Improvement Budget and the Five Year Capital Improvement Plan. Critical Items Critical items are those which must be satisfied in the current year. They are necessary to the continued operation of the City and the normal delivery of services to the community. These items may force changes in project priority, displacing or delaying scheduled capital projects. The most important of these are service interruptions. Service interruptions include any failure in the physical systems of the City which prevent the delivery of a service. For example, major potable water system breaks, or the failure of the emergency communication system which would prevent service delivery to a portion or all of the community. These interruptions are usually unforeseen, but because of their nature, will take precedence over any other programmed project. Other critical (short -term, immediate) needs could include the following: ❑ storm damage ❑ facility damage (leaks, roof collapse, etc.) ❑ facility contamination ❑ emergency equipment breakdown or damage ❑ unforeseen, one -time opportunities Mandatory Items These are short term needs which should be satisfied within one year. Similar to critical needs, they are necessary to the continued optimum operation of the City and the normal delivery of services to the community. Unlike critical needs, they will not necessarily displace other planned projects, and can be planned ahead. Examples of such needs are: ❑ Corrections of deficiencies in internal (operations) infrastructure CI -9 ♦ emergency line department operational deficiencies ♦ other line department operational deficiencies ♦ other staff department operational deficiencies ♦ Correction of deficiencies in external infrastructure ♦ Legal /contractual requirements and commitments, bond covenants and commitments to capital projects after bonds are sold, annexation agreements, and grant requirements ♦ Maintenance of infrastructure ♦ Severe neighborhood flooding ♦ Structural integrity of public facilities Desirable Items These are the long term needs identified by the community to maintain and improve quality of life. These needs should be satisfied in a time frame that exceeds one year and can be planned for the most efficient use of available funds. Examples of such needs include: ❑ Correction of level of service deficiencies in specific neighborhoods. ♦ extension of infrastructure to inhabited areas where none exists ♦ upgrading infrastructure to meet the adopted level of service standard ♦ Improvements to the efficiency of service provision or to productivity ♦ Provision of new services and facilities ♦ Upgrading outdated technology CI -10 Proposed 5 -Year CI P TABLE CI -CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 FY 2017 -18 BEAUTIFICATION TRUST FUND Computerized Irrigation System 50,000 0 0 0 0 TOTALS: $50,000 $0 $0 $0 $0 NEIGHBORHOOD SERVICES FUND Ship Program - State Grant 87,540 0 0 0 0 Western Settlers' Grnt Prog 65,000 40,000 40,000 40,000 40,000 Curb Appeal 0 35,000 35,000 35,000 35,000 Neighborhood Stabilization -CRA 203,420 100,000 50,000 0 0 Neighborhood Stabilization -DCA 257,130 100,000 50,000 0 0 Residential Mitigation Program 150,000 0 0 0 0 Planning Administration 65,210 80,000 80,000 80,000 80,000 Housing Rehab - Federal Grant 296,970 350,000 400,000 400,000 400,000 CDBG Misc. Exp. - Federal Grant 25,000 100,000 80,000 80,000 80,000 Grants /Aids -Fed Grant -Econ Devel 62,030 70,000 60,000 60,000 60,000 Neighborhood Housing 187,780 187,270 187,270 187,270 187,270 TOTALS $1,400,080 $1,062,270 $982,270 $882,270 $882,270 BEACH RESTORATION FUND Beach Tilling 15,120 16,050 0 0 0 Pre /Post Constr Surveys 52,550 55,750 57,422 59,146 60,920 Sea Turtle Monitoring 51,350 53,150 44,038 45,360 48,120 Travel, Training, memberships 9,300 9,300 9,300 9,300 9,300 Yearly replacement (snow fence) 8,000 8,000 8,000 8,000 8,000 Beach Renourishment Note Interest 68,000 0 0 0 0 Beach Renourishment Note Principal 4,026,780 0 TOTALS: $4,231,100 $142,250 $118,760 $121,806 $126,340 PUBLIC ARTS PROGRAM Block 117 Garage 0 99,000 0 0 0 TOTALS: $0 $99,000 $0 $0 $0 GENERAL CAPITAL IMPROVEMENTS Atl Ave St Light Rplmnt 0 40,000 40,000 40,000 0 BLK 117 Garage Study 750,000 6,501,000 0 0 0 Block 8 Alley 98,000 0 0 0 0 Block 19 &20 Alley Improvements 50,000 0 0 0 0 Bond Interest Expense -Fed Hwy Beautification 40,000 0 0 0 0 Building Maintenance (FY 14 -18) 200,000 200,000 200,000 200,000 200,000 City Hall Air Hndlr Upgrd 50,000 0 0 0 0 City Wide Master Signage 50,000 40,000 50,000 0 0 CRA Dist Sidewalks FY 14 50,000 0 0 0 0 E Atlantic Av Median 30,000 0 0 0 0 E Atl Av Ped Improvements 75,000 0 0 0 0 Fire Dept - Defib /Monitor (FY 13 -14) 0 52,000 0 0 0 Fire Diesel Exhause Sys 0 225,000 0 0 0 Fire HQ Public Plaza 250,000 0 0 0 0 Fire Laptop Replace 62,400 0 0 0 0 FS 2 Generator Upgrade 40,000 0 0 0 0 FS 3 Generator Upgrade 0 0 0 40,000 0 FS 5 Generator Upgrade 50,000 0 0 0 0 IT -Comp Equip R/R (FY 14 -18) 115,000 90,000 90,000 90,000 90,000 IT -Data Cabling /Switches (FY 12/13) 45,000 0 0 0 0 IT -OMS Server Replacement 295,000 0 0 0 0 IT -PSS Server Replacement 0 0 0 295,000 0 IT -Rapid Recovery System 105,000 0 0 0 0 Little Fenway Park Bldg 115,000 0 0 0 0 NE 2 Ave /Seacrest Beaut. 0 860,500 0 0 0 NE 3rd Street Scape 440,000 0 0 0 0 NW 12Av- Atlantic /MLK 550,000 0 0 0 0 Osceola Alleys Phase 2 175,000 0 0 0 0 OSS Gym AC R &R 80,000 0 0 0 0 PD AED's 0 60,000 80,000 0 0 PD Laptop Replace 0 275,000 275,000 0 0 PD Motorola Radio Repl 0 6,000,000 0 0 0 PD OmniTrak Latent Sta 0 0 82,000 0 0 Police Comp Rm Relocate 0 0 0 252,300 0 Police In Car Video System 0 0 48,000 0 0 PD -Range Roof 45,000 0 0 0 0 PR- Atlantic Dunes Nature Trail 0 0 0 180,600 0 PR -Bch Master Plan FY 14 73,900 0 0 0 0 PR- Cannery Row Park 150,000 0 0 0 0 PR- Currie Park Renovation 0 150,000 0 0 0 PR -Life uard Towers FY 14 1 72,000 0 72,000 0 0 CI -26 Proposed 5 -Year CI P TABLE CI -CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 FY 2017 -18 PR- Miller Park Shade Syst 0 0 90,000 0 0 PR- Pompey Baseball Field Renovation 40,000 0 0 0 0 PR- Pompey Bldg Reroof 225,000 0 0 0 0 PR- Pompey Pool Redesign 46,500 310,000 0 0 0 RR X -ing Annual Maint (FY 14- 18) 132,000 0 75,000 75,000 75,000 S Swinton -SW /SE 1 st Signal 250,000 0 0 0 0 SE 2 St - Swinton SE 3 AV 580,000 0 0 0 0 Street Resurf/Reconstr - FY 14 - 18 200,000 200,000 200,000 200,000 200,000 SW 1 Av -SW 1 St -Atl Av 0 446,500 0 0 0 SW 10th /9th Ave Imp rov 180,000 0 0 0 0 SW 2nd Terr 77,000 0 0 0 0 Swinton & Atlantic Intersection 120,000 555,000 0 0 0 TC- Tennis Court Rehab (FY 14/18) 48,000 50,000 50,000 50,000 50,000 TC - Staduim Maintenance 30,000 30,000 30,000 30,000 30,000 TOTALS: $5,984,800 $16,085,000 $1,382,000 $1,452,900 $645,000 CITY MARINA FUND Riverwalk 0 0 0 83,000 510,000 TOTALS: $0 $0 $0 $83,000 $510,000 WATER/SEWER NEW CAPITAL OUTLAY Rclmd Wtr Customer Conn. FY 14 185,000 220,000 220,000 220,000 220,000 Reclaim Water, Area 12A Phase 2 1,250,000 0 0 0 0 Reclaim Water Area 6 0 125,000 930,000 0 0 Reclaim Water Area 8 0 0 90,000 600,000 0 Reclaim Water Area 10 0 0 0 285,000 1,200,000 Reclaim Water, Area 12B 165,000 1,100,000 0 0 0 TOTALS: $1,600,000 $1,445,000 $1,240,000 $1,105,000 $1,420,000 WATER/SEWER RENEWAL & REPLACEMENT FUND Auto Hydrant Flusher 100,000 100,000 0 0 0 Automated Mtr Rdng (AMR) FY 14 -18 1,000,000 1,200,000 1,147,000 1,000,000 0 Delray Shores W/M Phase 2 374,900 369,900 0 0 0 Eldorado /Sunshine W M 0 0 0 190,000 309,000 Elevated Storage Tank Maint. FY 14 -18 19,000 19,000 19,000 19,000 19,000 Hydrant Flushing Contract FY 14 -18 70,000 70,000 70,000 70,000 70,000 Lift Station Rehab FY 14 -18 75,000 75,000 75,000 75,000 75,000 LS Wet Well Rehab FY 14 -18 70,000 70,000 70,000 70,000 70,000 NE 2nd Ave /Seacrest Beautification 0 30,000 0 0 0 NE 3rd Street Streetscape 50,000 0 0 0 0 NW 12th Street WM 0 0 0 0 402,500 Production Well Rehab FY 14 -18 100,000 100,000 100,000 50,000 150,000 Public Utility Generator Rplcmt FY 14 -18 75,000 75,000 75,000 75,000 75,000 San Swr Main Rehab FY 14 -18 100,000 100,000 100,000 50,000 150,000 San Swr Manhole Rehab FY 14 -18 50,000 50,000 50,000 50,000 50,000 SW 11th Av WM 0 0 0 0 103,500 SW 2nd Terr 75,000 0 0 0 0 System 58A Force Main Replacement 45,000 225,000 0 0 0 System 87 Force Main Replacement 0 32,000 210,000 0 0 Tropic Palms WM Phase 1 0 75,000 500,000 Tropic Palms WM Phase 2 63,000 414,500 Tropic Palms WM Phase 3 99,000 660,000 Water Meter R/R Contr FY 14 -18 50,000 50,000 50,000 50,000 50,000 Water Service Relocation FY 14 -18 25,000 25,000 25,000 25,000 25,000 Water Valve R/R FY 14 -18 36,000 36,000 36,000 0 36,000 WTP Clarifier 1 &3 Rehab 160,000 0 0 0 0 WTP Filter Drain Valves FY 14 -18 60,000 60,000 60,000 0 60,000 TOTALS: $2,534,900 $2,761,900 $2,650,000 $2,237,500 $2,305,000 MUNICIPAL GOLF COURSE Machinery/Equipment( <$25,000) 97,600 100,000 100,000 100,000 100,000 Debt Service - Bonds 410,490 409,320 408,770 0 0 Debt Service -Cart Lease 0 32,470 32,470 32,470 32,470 TOTALS: $508,090 $541,790 $541,240 $132,470 $132,470 LAKEVIEW GOLF COURSE Debt Service -Bonds 163,550 164,619 163,856 0 0 Debt Service -Cart Lease 28,650 41,860 41,860 41,860 13,210 LV Golf Course Equip -FY 14 -18 35,000 25,000 25,000 25,000 25,000 TOTALS: $227,200 $231,479 $230,716 $66,860 $38,210 RECREATION IMPACT FEE FUND Merritt Park 200,000 0 0 0 0 TOTALS: $200,000 $0 $0 $0 $0 CI -27 Proposed 5 -Year CI P TABLE CI -CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 FY 2017 -18 STORMWATER UTILITY FUND Basin Pump Station Upgrade 0 172,500 0 0 0 Block 8 Alley 40,000 0 0 0 0 Drainage Swales FY 14 -18 100,000 100,000 100,000 100,000 100,000 Fire HQ Public Plaza 75,000 0 0 0 0 NE 2nd Av /Seacrest Blvd 0 30,000 0 0 0 NE 3rd Street Streetscape 110,000 0 0 0 0 Osceola Alleys Phase 2 25,000 0 0 0 0 Pump Station Rehab FY 14 -18 50,000 100,000 250,000 250,000 250,000 SW 1 Av -SW 1 St /Atlantic Av 0 232,000 0 0 0 SW 2nd Terr 55,000 SW 10th /9th Ave Imp rov 50,000 Swinton & Atlantic Intersection 30,000 95,000 0 0 0 Thomas Pump Station Upgrade 0 0 172,500 0 0 TOTALS: $535,000 $729,500 $522,500 $350,000 $350,000 CENTRAL GARAGE FUND ALS Rescue Repl FY 13 -18 311,400 0 0 322,300 333,600 Brush Truck Replacement 0 0 303,800 0 0 Fire Dept Sery Unit 35,000 0 0 0 0 Fire Dept Fire Engine 604,700 622,900 0 660,100 660,800 Vehicle Replacement FY 14 -18 900,000 915,000 930,000 945,000 960,000 Vehicle Restoration - FY 14 -18 75,000 70,900 80,000 85,000 90,000 PD Mobile Comand Vehicle 97,480 650,000 0 0 0 TOTALS: $2,023,580 $2,258,800 $1,313,800 $2,012,400 $2,044,400 CI -28 Current 5 -Year CIP TABLE CI -CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2012 -13 FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 BEAUTIFICATION TRUST FUND Computerized Irrigation System 50,000 0 0 0 0 TOTALS: $50,000 $0 $0 $0 $0 NEIGHBORHOOD SERVICES FUND Western Settlers' Grnt Prog 50,000 50,000 50,000 50,000 50,000 Curb Apeal 50,000 50,000 50,000 50,000 50,000 Neighborhood Stabilization -CRA 203,420 203,420 203,420 203,420 203,420 Neighborhood Stabilization -DCA 494,620 494,620 494,620 494,620 494,620 Planning Administration 74,170 74,170 74,170 74,170 74,170 Housing Rehab - Federal Grant 284,980 284,980 284,980 284,980 284,980 Grants /Aids -Fed Grant -Econ Devel 125,000 125,000 125,000 125,000 125,000 Neighborhood Housing 181,300 181,300 181,300 181,300 181,300 TOTALS $1,463,490 $1,463,490 $1,463,490 $1,463,490 $1,463,490 BEACH RESTORATION FUND Beach Tilling 0 15,124 15,580 16,050 0 Final & Constr Engineering 185,214 0 0 0 0 Pre /Post Constr Surveys 86,637 52,550 54,125 55,750 57,422 Pre /Post Constr Surveys 18,124 0 0 0 0 Post - Construction Environmental 34,862 0 0 0 0 Construction Administration 19,884 0 0 0 0 Construction Loan Interest 140,000 68,000 0 0 0 Renourish -Fill Placemnt 8,820,110 0 0 0 0 Sea Turtle Monitoring 45,550 38,748 38,748 44,038 45,360 Travel, Training, memberships 9,800 9,800 9,800 9,800 9,800 Yearly replacement (snow fence) 8,000 8,000 8,000 8,000 8,000 Contingency 38,810 219,839 Bond Issuance Expense 15,000 612,000 612,000 612,000 612,000 Beach Renourishment Note Principal 0 8,980,596 TOTALS: $9,421,991 $10,004,657 $738,253 $745,638 $732,582 LAW ENFORCEMENT TRUST FUND Machinery and Equipment 30,000 0 0 0 0 TOTALS: $30,000 $0 $0 $0 $0 GENERAL CAPITAL IMPROVEMENTS Atl Ave St Light Post Rplmnt 0 50,000 50,000 50,000 100,000 Atlantic Dunes Nature Trail 0 0 161,000 0 0 Ballfields Cont Link Syst 0 58,000 0 0 0 Beach Master Plan 73,900 73,900 73,900 73,900 Block 117 Garage Study 50,000 0 0 0 0 Building Maintenance (FY 13 -17) 150,000 150,000 150,000 150,000 150,000 City Atty Window R/R 25,000 0 0 0 0 City Hall Chiller A/C 50,000 0 0 0 0 Computer /Equipment Repl (FY 13 -17) 110,000 70,000 70,000 70,000 70,000 Currie Commons 0 150,000 0 0 0 Fed Hwy Beautification 11,080,000 0 0 0 0 Fire Bay Sprinklers 0 0 0 40,000 0 Fire Dept - Defib /Monitor (FY 13 -14) 52,000 52,000 0 0 0 Fire Deisel Exhaust System 0 225,000 0 0 0 Fire HQ Public Plaza 225,000 0 0 0 0 Fire In- Vehicle Router 0 0 0 0 77,800 Fire Mobile Radio Repeat 53,000 0 0 0 0 Fire Telephone System 0 0 100,000 0 0 Fire Training Center 0 248,400 219,650 0 0 Fire Vehicle Laptop Replacement 0 62,400 100,000 0 0 Fire Video Confer Server 0 0 30,000 0 0 Fire -SCBA 600,000 0 0 0 0 FS 2 Generator Upgrade 0 0 0 40,000 0 FS 3 Generator Upgrade 0 0 0 40,000 0 Hilltopper Bathroom Renovation 0 0 197,000 0 0 IT -Data Cabling /Switches 70,000 0 0 0 0 IT Firewall Security 39,000 0 0 0 0 Keyless Lock /Entry System 0 0 0 0 100,000 Little Fenway Park Bldg. 0 300,000 0 0 0 Merritt Park Renovation 0 115,000 0 0 0 Miller Park Cmbust Gas Mit 0 0 0 170,000 0 Miller Park Shade System 0 0 0 86,100 0 NE 2nd Av /Seacrest Beaut. 110,000 0 800,470 0 0 NE 3rd Streetscape 60,000 420,000 0 0 0 NE 7th Av Alley 0 0 0 50,000 0 NE 8th Av Paving 0 0 0 84,300 0 Nei hborhood Enhancements 1 20,000 6--____01 35,000 25,000 CI -26 Current 5 -Year CIP TABLE CI -CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2012 -13 FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 NW 12Av- Atlantic /MLK 575,000 0 0 0 0 OSS Site /Park Improvmnts 0 0 0 310,500 0 Osceola Alleys Phase 2 230,000 0 0 0 0 Parks LED Message Signs 0 0 0 231,200 0 Parks Master Plan 35,000 0 0 0 0 Police A/C Replacement 30,000 0 0 0 0 Police Access Control Sys 45,000 0 0 0 0 Police AED's 0 0 60,000 80,000 0 Police Consoles 70,000 0 0 0 0 Police Disk Storage Expansion 26,000 0 0 0 0 Police Evidence Storage 0 60,000 0 0 0 Police Motorola Radio Repl 0 0 6,000,000 0 0 Police OmniTrak Latent Sta 0 82,000 0 0 0 Police Patrol Vehicle GPS 0 161,500 0 0 0 Police Comp Rm Relocate 57,500 0 0 0 0 Police In Car Video System 72,000 0 48,000 0 0 Pompey Gym PA System 0 0 0 25,000 0 Pompey Pool Redesign 0 356,500 0 0 0 Pompey Park Shade System 0 0 0 0 66,000 RR X -ing Annual Maint 0 113,000 116,000 119,000 123,000 SE 2 St - Swinton SE 3 AV 635,000 0 0 0 0 Seacrest By -NE 8th St G Stream 0 0 422,700 0 0 Sidewalks /Bikepaths 0 0 50,000 50,000 50,000 Street Resurf/Reconstr FY 13 -17 200,000 150,000 160,000 170,000 180,000 S Swinton - SW /E 1st Signal 115,000 0 0 0 0 SW 1 Av -SW 1 St -Atl Av 0 0 446,500 0 0 SW 10th Street CSX Crossing 210,000 0 0 0 0 Swinton & Atlantic Intersection 80,000 511,000 0 0 0 Tennis Center Equipment Storage Enclosure 0 0 25,000 0 0 Tennis Court Rehab FY 13 -17 53,470 60,000 60,000 60,000 60,000 Traffic Calming 0 0 0 50,000 100,000 Tree Grate Replacements 136,600 0 0 0 0 Bond Interest Expense -Fed Hwy Beautification 153,000 0 0 0 0 Veteran ParkPlayground R/R 277,000 0 0 0 0 TOTALS: $15,694,570 $3,468,700 $9,340,220 $1,985,000 $1,175,700 CITY MARINA FUND Riverwalk 0 0 0 0 547,900 TOTALS: $0 $0 $0 $0 $547,900 WATER/SEWER NEW CAPITAL OUTLAY Greenbriar Dr. Sewer 0 0 0 0 287,500 Rclmd Mr Customer Conn. FY 13 -17 50,000 220,000 220,000 220,000 220,000 Reclaim Water, Area 12A Phase 2 1,250,000 Reclaim Water Area 6 0 0 125,000 930,000 0 Reclaim Water Area 8 0 0 0 0 600,000 Reclaim Water, Area 12B 0 163,050 1,087,000 0 0 TOTALS: $50,000 $1,633,050 $1,432,000 $1,150,000 $1,107,500 WATER/SEWER RENEWAL & REPLACEMENT FUND Auto Hydrant Flusher 100,000 0 0 0 0 Automated Mtr Rdng (AMR) FY 13 -17 1,000,000 1,000,000 1,200,000 1,390,000 1,000,000 Bldg LS Wet Well Rehab FY 13 -17 70,000 70,000 70,000 70,000 70,000 Delray Shores W/M 623,200 375,000 375,000 0 0 Eldorado /Sunshine W M 0 300,000 200,000 0 0 Elevated Storage Tank Maint. FY 13 -17 19,000 19,000 19,000 19,000 19,000 Fed Hwy Beautification 500,000 0 0 0 0 Hydrant Flushing Contract FY 13 -17 70,000 70,000 70,000 70,000 70,000 Large Water Mtr Rplcmnts 20,000 35,000 0 0 0 Lift Station Rehab FY 13 -17 75,000 75,000 75,000 75,000 75,000 NE 3rd Street Streetscape 15,000 90,000 0 0 0 NE 8th Av Paving 0 0 0 50,000 0 NW 12th Av - Atlantic /MLK 75,000 0 0 0 0 NW 12th Street WM 0 0 402,500 0 Production Well Rehab FY 13 -17 100,000 100,000 100,000 100,000 100,000 Public Utility Generator Rplcmt FY 14 -17 0 75,000 75,000 75,000 75,000 Raw Water Valves at WTP FY 13 -15 60,000 60,000 60,000 0 0 San Swr Main Rehab FY 13 -17 100,000 100,000 100,000 100,000 100,000 San Swr Manhole Rehab FY 14 -17 0 50,000 50,000 50,000 50,000 Seacrest Blvd -NE 8 St Gstream 0 0 50,000 0 0 SW 11th Av WM 0 0 0 103,500 0 UTB Renovations 100,000 0 0 0 0 Water Meter Replacement FY 13 -17 150,000 0 0 0 0 Water Service Relocation FY 13 25,0001 25,000 25,000 25,000 25,000 CI -27 Current 5 -Year CIP TABLE CI -CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2012 -13 FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 Water Valve Replacement FY 13 -17 36,000 36,000 36,000 36,000 36,000 WTP Bleach Tank 30,000 WTP Filter Backwash Valve 25,000 25,000 25,000 25,000 WTP Filter Drain Valves 0 60,000 60,000 60,000 60,000 Wtr Mtr Rplmnt Cntrct Src FY 13 -17 0 50,000 50,000 50,000 50,000 TOTALS: $3,193,200 $2,615,000 $2,640,000 $2,701,000 $1,730,000 MUNICIPAL GOLF COURSE Machinery/Equipment( <$25,000) 125,000 100,000 100,000 100,000 100,000 DB Golfcourse Arifer 25,000 0 0 0 0 DB Golfcourse Carpet 55,000 0 0 0 0 Debt Service - Bonds 409,750 410,480 409,320 408,770 0 Debt Service -Cart Lease 31,850 32,470 32,470 32,470 32,470 TOTALS: $646,600 $542,950 $541,790 $541,240 $132,470 LAKEVIEW GOLF COURSE Debt Service -Bonds 225,390 163,550 164,620 163,260 0 Debt Service -Cart Lease 25,000 25,000 25,000 25,000 25,000 LV Golf Course Equip -FY 13 -17 30,000 25,000 25,000 25,000 25,000 TOTALS: $280,390 $213,550 $214,620 $213,260 $50,000 RECREATION IMPACT FEE FUND Merritt Park 0 60,000 0 0 0 Beach Pavilion 180,300 0 0 0 0 TOTALS: $180,300 $60,000 $0 $0 $0 STORMWATER UTILITY FUND Alley Drainage Improvements 75,000 0 0 0 0 Basin Pump Station Upgrade 0 172,500 0 0 0 Debt Service -Bonds 105,100 106,850 106,840 107,150 104,470 Drainage Swales - FY 13 -17 70,000 70,000 100,000 100,000 100,000 Fed Hwy Beautification 700,000 0 0 0 0 Gleason Street Drainage 60,000 0 0 0 0 Lift Stat Level Transmitters 30,000 0 0 0 0 NE 3rd Street Streetscape 15,000 90,000 0 0 0 NE 7th Avenue Alley 0 0 0 42,000 0 NE 8th Av Paving 0 0 0 75,000 0 NE 12th Ave Atlantic /MLK 125,000 0 0 0 0 SE 2 St - Swinton SE 3rd Ave 170,000 0 0 0 0 Seacrest Bvld -NE 8 St Gstream 0 0 162,800 0 0 Seabreeze Drainage 57,500 0 0 0 0 Storm Mr Pmp Stat. Rehab FY 13 -17 0 75,000 75,000 75,000 75,000 Swinton & Atlantic Inters 10,000 89,000 0 0 0 SW 1 Av -SW 1 St /Atlantic Av 0 0 232,000 0 0 Thomas Pump Station Upgrade 0 172,500 0 0 0 TOTALS: $1,417,600 $775,850 $676,640 $399,150 $279,470 CENTRAL GARAGE FUND ALS Rescue Repl FY 13 -14 296,600 0 311,400 322,300 333,600 Brush Truck Replacement 303,800 0 0 0 0 Fire Dept Sery Unit 35,000 35,000 0 0 0 Fire Dept Fire Engine 587,100 604,700 622,900 641,500 660,800 Vehicle Replacement FY 13 -17 860,000 865,000 870,000 875,000 880,000 Vehicle Restoration - FY 13 -17 70,700 70,800 70,900 71,000 71,000 PD Mobile Comand Vehicle 0 600,000 0 0 0 Police -VIN Platform Replacement 155,600 0 0 0 0 TOTALS: $2,308,800 $2,175,500 $1,875,200 $1,909,800 $1,945,400 CI -28 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 12, 2013 SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 ORDINANCE NO. 19 -13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city- initiated amendment to the Land Development Regulations (LDR) Section 2.2.4, 'Board of Adjustment ", Subsection B, "Composition ", to modify the board member requirements for the Board of Adjustment. BACKGROUND At the first reading on September 3, 2013, the Commission passed Ordinance No. 19 -13. This ordinance will not apply to the Board of Adjustment appointment scheduled for the September 17, 2013 Regular Meeting. RECOMMENDATION Recommend approval of Ordinance No. 19 -13 on second and final reading. ORDINANCE NO. 19 -13 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 2.2.4, "THE BOARD OF ADJUSTMENT ", SUBSECTION B, "COMPOSITION', TO MODIFY THE BOARD MEMBER REQUIREMENTS FOR THE BOARD OF ADJUSTMENT, 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 August 19, 2013 and voted 6 to 1 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 2.2.4, "The Board of Adjustment ", Subsection (B), "Composition ", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.2.4. The Board of Adjustment (B) Composition. The Board of Adjustment shall consist of five regular members. In addition, there shall be two (2) alternate members. In the absence of a regular member, an alternative member shall be called to sit, and act in lieu of the regular member, by the Chairperson of the Board. (2) Each of three seats on the Board must be filled with either an architect, landscape architect, realtor /real estate broker, engineer, general contractor or land planner. The remaining two seats shall be at large. The appointing body shall endeavor to appoint as many disciplines as possible to the Board. 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 , 2013. ATTEST City Clerk First Reading Second Reading MAYOR 2 ORD NO. 19 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners Page 1 of 1 FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, LEED (GA), DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: August 26, 2013 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 ORDINANCE NO. 19 -13 ITEM BEFORE COMMISSION Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that will modify board member requirements of the city's Board of Adjustment. BACKGROUND This current amendment is specific to the composition of members on the Board of Adjustment. Currently, the LDRs simply state that the board shall consist of five (5) regular members, along with two (2) alternate members, with no specific background requirements. The proposed amendment requires that three (3) of the five (5) members are filled with one of the following: Architect Engineer General Contractor REVIEW BY OTHERS Realtor /Real Estate Broker Landscape Architect Land Planner The Planning and Zoning Board reviewed the item at their August 19, 2013 meeting and voted 6 to 1 (Durden dissenting) to recommend approval. RECOMMENDATION By motion, approve Ordinance No. 19 -13 on first reading for a city- initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ltemlD= 7100 &MeetingID =459 9/12/2013 MEETING DATE: AGENDA NO: PLANNING AND ZONING BOARD STAFF REPORT AUGUST 19, 2013 M". AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 2.2.4, "THE BOARD OF ADJUSTMENT ", SUBSECTION B, "COMPOSITION ", TO MODIFY THE BOARD MEMBER REQUIREMENTS ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a City - initiated amendment to the Land Development Regulations (LDRs) that will modify board member requirements of the city's Board of Adjustment. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ ANALYSIS The City Commission directed staff to review each city advisory board and offer comments on whether adjustments should be considered. The Commission wanted an analysis to include the possibility of eliminating boards, combining similar boards, or any other suggestions raised by staff. A July 12 staff memorandum discussed the various city advisory boards along with a statement as to whether the board was mandatory under state law, if the board continues to be necessary/relevant, and whether some changes in board member requirements should be considered. The recommendations were forwarded to City Commission which supported the findings by consensus at their July 16, 2013 Workshop Meeting. Among the recommendations included the following highlights: • Retention of state - mandated boards, such as the Civil Service Board, Code Enforcement Board, Community Redevelopment Agency; Delray Beach Housing Authority, and the Downtown Development Board. • Retention of boards viewed to have extraordinary value, such as Kids and Cops, Education Board, and the Police Advisory Board. • Elimination of the Neighborhood Advisory Council and the Financial Review Board (completed) • Increasing the eligibility requirements for certain boards, such as the Board of Adjustment, Green Implementation Advancement Board, and the Planning and Zoning Board. This current amendment is specific to the composition of members on the Board of Adjustment. Currently, the LDRs simply state that the board shall consist of five (5) regular members, along with Planning and Zoning Board Meeting, August 19, 2013 LDR Amendment -Board of Adjustment Member Qualifications two (2) alternate members, with no specific background requirements. The proposed amendment requires that three (3) of the five (5) members are filled with one of the following: Architect Realtor /Real Estate Broker Engineer Landscape Architect General Contractor Land Planner Recognizing that there are occasions when meeting these requirements may prove difficult given the pool of applicants at any given time, the Commission added that the amendment include language that states that the appointing body `shall endeavor' to appoint as many disciplines as possible. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While there are no specific goals, objectives or policies that would apply, it is noted that the proposed amendment would not be inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Delray Citizen's Coalition Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The ordinance follows the direction from the City Commission that an increased emphasis be placed on the professional qualifications of members of the Board of Adjustment. The amended language allows for some flexibility during periods when the pool of applicants may be limited. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 2.2.4 "The Board of Adjustment ", Subsection B, "Composition ", To Modify The Board Member Requirements, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) B. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 2.2.4 "The Board of Adjustment ", Subsection B, "Composition ", To Modify The Board Member Requirements, by adopting the findings of 2 Planning and Zoning Board Meeting, August 19, 2013 LDR Amendment -Board of Adjustment Member Qualifications fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 2.2.4 "The Board of Adjustment ", Subsection B, "Composition ", To Modify The Board Member Requirements, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ■ Proposed Ordinance 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 4, 2013 SUBJECT: AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 ORDINANCE NO. 20-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city- initiated amendment to the Land Development Regulations (LDR), by amending Section 2.2.2, "The Planning and Zoning Board ", Subsection C, "Composition ", to modify the Board member requirements. BACKGROUND At the first reading on September 3, 2013, the Commission passed Ordinance No. 20 -13 providing that four (4) of the seven (7) board members have specifc background requirements. This ordinance will not apply to the Planning and Zoning Board appointments scheduled for the September 17, 2013 Regular Meeting. RECOMMENDATION Recommend approval of Ordinance No. 20 -13 on second and final reading. ORDINANCE NO. 20 -13 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 2.2.2, "THE PLANNING AND ZONING BOARD ", SUBSECTION C, "COMPOSITION', TO MODIFY THE BOARD MEMBER REQUIREMENTS FOR THE PLANNING AND ZONING BOARD, 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 August 19, 2013 and voted 4 to 3 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 2.2.2, "The Planning and Zoning Board ", Subsection (C), "Composition ", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.2.2. The Planning and Zoning Board (C) Composition. W The Planning and Zoning Board shall consist of seven (7) members. (2) Each of four seats on the Board must be filled with either an architect, landscape architect, realtor /real estate broker, engineer, developer, general contractor, land planner or land use attorney. The remaining three seats shall be at large. The appointing body shall endeavor to appoint as many disciplines as possible to the Board. 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, however, it shall not apply to the Planning and Zoning Board appointment that is scheduled for the September 17, 2013 Commission agenda. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. ATTEST MAYOR City Clerk First Readi Second Reading 2 ORD. NO. 20 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners Page 1 of 2 FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, LEED (GA), DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: August 26, 2013 SUBJECT: AGENDA ITEM 11.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 ORDINANCE NO. 20-13 ITEM BEFORE COMMISSION Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that will modify board member requirements of the City's Planning and Zoning Board. BACKGROUND This amendment outlines the specific composition of members on the Planning and Zoning Board. Currently, the LDRs simply state that the board shall consist of seven (7) members with no specific background requirements. The proposed amendment requires that five (5) of the seven (7) members are filled with one of the following: Architect Engineer Landscape Architect Land Planner REVIEW BY OTHERS Realtor /Real Estate Broker Developer General Contractor Land use Attorney The Planning and Zoning Board reviewed the item at their August 19, 2013 meeting and voted 4 to 3 (Spodak, Lynch, and Shutt dissenting) to recommend approval of a modified version of the ordinance that would limit the two (2) at large positions to lay persons that are not filled with any of the above professional categories. Should the Commission support the Planning and Zoning Board's http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 7104 &MeetingID =459 9/4/2013 Coversheet Page 2 of 2 modification, the following language (boldface italics) will need to be added to the attached ordinance: ...[t]he remaining two seats shall be at large and shall not be filled with one of the listed professionals above. RECOMMENDATION By motion, approve Ordinance No. 20 -13 on first reading for a city- initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http:// itwebapp /Agendalntranet/ Bluesheet.aspx ?ItemID= 7104 &MeetingID =459 9/4/2013 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: AUGUST 19, 2013 AGENDA NO: V. D. AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 8.1.1, "THE COMMUNITY REDEVELOPMENT AGENCY ", SUBSECTION B, "MEMBERS ", TO PROVIDE THAT THE APPOINTMENTS FOR CHAIR AND VICE -CHAIR SHALL OCCUR ON AN ANNUAL BASIS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a City - initiated amendment to the Land Development Regulations (LDRs) that will require the chair and vice -chair of the city Community Redevelopment Agency to be appointed on an annual basis. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ ANALYSIS At their August 6, 2013 regular meeting, the City Commission discussed the appointment of a new member to the city Community Redevelopment Agency. During their discussion, they noted that there are currently no term limits for CRA board members, and the consensus was to amend the Land Development Regulations to require the positions of Chair and Vice -Chair be appointed on an annual basis. Specifically, the term would run from August 1 through July 31. The Commission clarified that the amendment would not prohibit the ability for the Chair and Vice -Chair to continue serving, they would just need to be re- appointed on an annual basis. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While there are no specific goals, objectives or policies that would apply, it is noted that the proposed amendment would not be inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and /or civic associations ■ Delray Citizen's Coalition Planning and Zoning Board Meeting, August 19, 2013 LDR Amendment -CRA Annual Appointments (Chair and Vice - Chair) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The ordinance follows the direction from the City Commission that the positions of Chair and Vice - Chair of the Community Redevelopment Agency require appointment on an annual basis. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 8.1.1 "The Community Redevelopment Agency ", Subsection B, "Members ", To Provide That The Appointments for Chair And Vice -Chair Shall Occur On An Annual Basis, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 8.1.1 "The Community Redevelopment Agency ", Subsection B, "Members ", To Provide That The Appointments for Chair And Vice -Chair Shall Occur On An Annual Basis, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 8.1.1 "The Community Redevelopment Agency ", Subsection B, "Members ", To Provide That The Appointments for Chair And Vice -Chair Shall Occur On An Annual Basis, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ■ Proposed Ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 13, 2013 SUBJECT: AGENDA ITEM 10.F. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 ORDINANCE NO. 21 -13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city- initiated amendment to Land Development Regulations (LDR), by amending Article 8. 1, "The Community Redevelopment Agency ", Section 8.1.1, "Community Redevelopment Agency ", Subsection (B), "Members ", to provide that the appointments for Chair and Vice -Chair shall occur on an annual basis. BACKGROUND At the first reading on September 3, 2013, the Commission passed Ordinance No. 21 -13. RECOMMENDATION Recommend approval of Ordinance No. 21 -13 on second and final reading. ORDINANCE NO. 21 -13 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 ARTICLE 8.1, "THE COMMUNITY REDEVELOPMENT AGENCY, SECTION 8.1.1, "COMMUNITY REDEVELOPMENT AGENCY ", SUBSECTION (B), "MEMBERS ", TO PROVIDE THAT THE APPOINTMENTS FOR CHAIR AND VICE -CHAIR SHALL OCCUR ON AN ANNUAL BASIS; 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 August 19, 2013, 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, Chapter 8, "Special Implementation Programs, Article 8.1, "The Community Redevelopment Agency ", Section 8.1.1, "Community Redevelopment Agency ", subsection (B)(3), "Members ", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 8.1.1 Community Redevelopment Amu: (B) Members: The Commission shall, by ordinance, appoint a Board of Commissioners of the Community Redevelopment Agency, which shall consist of seven Commissioners. The terms of office of the Commissioners shall be for four years, except that three of the members first appointed shall be designated to serve terms of one, two, and three years, respectively, from the date of their appointments, and all other members shall be designated to serve for terms of four years from the date of their appointments. A vacancy occurring during a term shall be filled for the unexpired term. (1) A Commissioner shall receive no compensation for his services, but is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. Each Commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any Commissioner shall be filed with the City Clerk, and such certificate is conclusive evidence of the due and proper appointment of that Commissioner. (2) The powers of the Agency shall be exercised by the Commissioners thereof. A majority of the Commissioners shall constitute a quorum for the purpose of conducting business and exercising the powers of the Agency and for all other purposes. Action may be taken by the Agency upon a vote of a majority of the Commissioners present, unless in any case the bylaws require a larger number. Any person may be appointed as a Commissioner if he resides or is engaged in business, which means owning a business, practicing a profession, or performing a service for compensation; or serving as an officer or director of a corporation or other business entity so engaged, within the area of operation of the Agency, which shall be coterminous with the area of operation of the City, and is otherwise eligible for such appointment. (3) The Commission shall designate a Chairperson and Vice - Chairperson from among the Commissioners on an annual basis. The term Chairperson and Vice - Chairperson shall begin on August 1st and end on July 31st of each year. The Agency may employ an executive director, technical experts, and such other agents and employees, permanent and temporary, as it requires, and determine their qualification, duties, and compensation. For such legal service as it requires, the Agency may employ or retain its own counsel and legal staff. The Agency shall file with the Commission and with the State Auditor General, on or before March 31 of each year, a report of its activities for the preceding fiscal year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year. At the time of filing the report, the Agency shall publish in a newspaper of general circulation in the community a notice to the effect that such report has been filed with the City and that the report is available for inspection during business hours in the office of both the City Clerk and the office of the Agency. (4) At any time, the Commission may appropriate to the Agency such amounts as it deems necessary for the administrative expenses and overhead of the Agency. 2 ORD. NO. 21 -13 (5) The Commission may remove a Commissioner for inefficiency, neglect of duty, or misconduct in office only after a hearing and only if he has been given a copy of the charges at least ten days prior to the hearing and has had an opportunity to be heard in person or by counsel. 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 , 2013. ATTEST City Clerk First Readi Second Reading MAYOR 3 ORD. NO. 21 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners Page 1 of 1 FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, LEED (GA), DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: August 26, 2013 SUBJECT: AGENDA ITEM ILD. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 ORDINANCE NO. 21-13 ITEM BEFORE COMMISSION Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that will require the Chair and Vice -Chair of the Community Redevelopment Agency to be appointed on an annual basis. BACKGROUND This amendment will require the positions of Chair and Vice -Chair to be appointed on an annual basis. Specifically, the term would run from August 1 through July 31. The amendment will not prohibit the ability for the Chair and Vice -Chair to continue serving; they would just need to be re- appointed on an annual basis. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at their August 19, 2013 meeting and voted 7 to 0 to recommend approval. RECOMMENDATION By motion, approve Ordinance No. 21 -13 on first reading for a city- initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http: // itwebapp/ Agendalntranet /Bluesheet.aspx "ltem1D =7101 &MeetingID =459 9/13/2013 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: AUGUST 19, 2013 AGENDA NO: V. D. AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 8.1.1, "THE COMMUNITY REDEVELOPMENT AGENCY ", SUBSECTION B, "MEMBERS ", TO PROVIDE THAT THE APPOINTMENTS FOR CHAIR AND VICE -CHAIR SHALL OCCUR ON AN ANNUAL BASIS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a City - initiated amendment to the Land Development Regulations (LDRs) that will require the chair and vice -chair of the city Community Redevelopment Agency to be appointed on an annual basis. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ ANALYSIS At their August 6, 2013 regular meeting, the City Commission discussed the appointment of a new member to the city Community Redevelopment Agency. During their discussion, they noted that there are currently no term limits for CRA board members, and the consensus was to amend the Land Development Regulations to require the positions of Chair and Vice -Chair be appointed on an annual basis. Specifically, the term would run from August 1 through July 31. The Commission clarified that the amendment would not prohibit the ability for the Chair and Vice -Chair to continue serving, they would just need to be re- appointed on an annual basis. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While there are no specific goals, objectives or policies that would apply, it is noted that the proposed amendment would not be inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and /or civic associations ■ Delray Citizen's Coalition Planning and Zoning Board Meeting, August 19, 2013 LDR Amendment -CRA Annual Appointments (Chair and Vice - Chair) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The ordinance follows the direction from the City Commission that the positions of Chair and Vice - Chair of the Community Redevelopment Agency require appointment on an annual basis. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 8.1.1 "The Community Redevelopment Agency ", Subsection B, "Members ", To Provide That The Appointments for Chair And Vice -Chair Shall Occur On An Annual Basis, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 8.1.1 "The Community Redevelopment Agency ", Subsection B, "Members ", To Provide That The Appointments for Chair And Vice -Chair Shall Occur On An Annual Basis, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 8.1.1 "The Community Redevelopment Agency ", Subsection B, "Members ", To Provide That The Appointments for Chair And Vice -Chair Shall Occur On An Annual Basis, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ■ Proposed Ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 13, 2013 SUBJECT: AGENDA ITEM A.G. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 ORDINANCE NO. 22-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an amendment to Chapter 35, "Employee Policies and Benefits ", Section 35.095, "Contributions of Participant and City ", Subsection (A), "Participant's Contribution Account ", to clarify when contributions shall cease. BACKGROUND At the first reading on September 3, 2013, the Commission passed Ordinance No. 22 -13. RECOMMENDATION Recommend approval of Ordinance No. 22 -13 on second and final reading. ORDINANCE NO. 22 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS ", SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY ", SUBSECTION (A), "PARTICIPANT'S CONTRIBUTION ACCOUNT ", TO CLARIFY WHEN CONTRIBUTIONS SHALL CEASE; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, employees who belong to the general employee pension plan are currently required to make contributions to the plan regardless of the employees years of service; and WHEREAS, the City Commission has determined that employees who belong to the general employees pension plan shall cease making contributions to the plan once the employee has obtained 30 years of credited service; and WHEREAS, this Ordinance shall apply to those employees who reached 30 years of credited service on or after October 1, 2010. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits ", Section 35.095, "Contributions of Participant and City ", Subsection (A) "Participant's Contribution Account ", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: (A) Participant's Contribution Account. (1) [Tax- Deferred Conttibutions.J For the purpose of this Section "Participant's Contribution Account" will consist of tax deferred participant contributions. Effective the first pay period beginning on or after October 1, 1989, employee contributions will be picked up by the City and shall be treated as employer contributions for tax purposes. However, for all purposes of determining benefits under the plan, they will be considered participant contributions. (2) Participants' Contributions. Each participant will contribute toward the cost of the plan an amount equal to three (3) percent of the first four thousand eight hundred dollars ($4,800.00) of his basic annual compensation, and six (6) percent of basic annual compensation in excess of four thousand eight hundred dollars ($4,800.00) until the beginning of the first pay period after September 25, 1984. Beginning with the first pay period after September 25, 1984, each participant will contribute toward the cost of the plan an amount equal to six (6) percent of basic compensation. Effective as of the first pay period beginning on or after October 1, 1989, participant contributions will be equal to four and one -half (4'/2) percent of basic compensation on a tax - deferred basis. Beginning with the first pay period after September 1, 1999, participants shall not be required to contribute to the plan, except those participants described in paragraph (4) of this Section. Beginning with the first pay period after September 30, 2003, participants who are not included in the bargaining unit specified in paragraph (4) shall contribute two (2) percent of basic compensation. Beginning with the first pay period after November 1, 2004, participants who are not included in the bargaining unit specified in Paragraph (4) shall contribute two and one -half percent (2.5 %) of basic compensation. Beginning with the first pay period after October 6, 2010, participants who are not included in a bargaining unit shall contribute three and five one - hundredths percent (3.05 %) of basic compensation. (3) [Total Benefits Payable.] Anything in the plan to the contrary notwithstanding, the total benefits payable under the plan to, or with respect to, a participant shall not be less than the benefits that can be provided by the participant's contributions, and further provided, if a participant, who is terminated, elects to withdraw participant contributions, the participant will be entitled to the return of participant contributions with interest, in lieu of all other benefits payable under the plan. Effective September 1, 1999, if a participant has ten (10) or more years of credited service under the plan a noncompounded simple interest rate of five (5) percent per year shall be applied to the principal balance of the participant's contribution as accrued on December 31 of each year. Effective September 1, 1999, if a participant has less than ten (10) years of credited service under the plan a noncompounded simple interest rate of three (3) percent shall be applied to the principal balance of the participant's contribution as accrued on December 31 of each year. Participant contributions cannot be withdrawn while a participant remains in the employ of the City or after the payment of benefits under the plan has commenced. (4) Applicability to Bargaining Unit Employees. Participants who are members of the bargaining unit represented by the National Conference of Firemen and Oilers shall not be required to contribute to the plan unless a written actuarial valuation indicates that contributions are required to properly fund the plan in an actuarially sound manner. If an actuary selected by the Retirement Committee determines that additional contributions are required to properly fund the plan, the City and bargaining unit members shall equally share such contributions on a percentage of payroll basis; provide that no member shall be required to contribute more than four and one -half (41/2) percent of basic compensation unless the City and union agree to a greater participant 2 ORD NO. 22 -13 contribution. Notwithstanding the foregoing, effective November 13, 2004, employees who are members of the bargaining unit represented by the National Conference of Firemen and Oilers shall contribute two and one -half (2'/2) percent of their gross pay to fund the City's defined benefit pension plan. If an actuary selected by the Pension Board determines that additional monies are required to properly fund the plan, employees shall contribute at the same rate as all other nonrepresented employees who are members of the defined benefit pension plan. However, in no event shall employees contribute less than two and one -half (2'/2) percent nor more than four and one -half (4'/2) percent of their gross pay, unless the union and the City bargain for a lesser or greater percentage. Notwithstanding the foregoing, employees who are included in a bargaining unit shall contribute three and five one - hundredths (3.05) percent of basic compensation upon implementation of this change through the collective bargaining process. (5) Effective September 24, 2010, each participant shall continue to contribute to the plan until the earliest to occur of the following dates: (a) Date the participant retires under the plan. (b) Date of death of the participant. (c) Date of termination of the participant's employment with the City (d) Date the participant attains thirt,T(30)years of credited service under the plan. And participant who attained thirt,T(30)years of credited service under the plan on or after September 24, 2010 shall receive a refund of participant contributions for the period commencing on the date the member attained thirt,T(30)years of credited service. 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, except as otherwise specifically provided herein. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. 3 ORD NO. 22 -13 MAYOR ATTEST: City Clerk First Reading Second Reading ORD NO. 22 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: August 27, 2013 Page 1 of 1 SUBJECT: AGENDA ITEM ILE. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 ORDINANCE NO. 22-13 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 22 -13 which provides for the cessation of employee contributions to the general employees pension plan upon the occurrence of certain events. BACKGROUND In 1999 the City passed an ordinance that removed the requirement for employee contribution to the general employees pension plan. When this was removed the language providing that general employee contributions would cease upon the date the participant attained 30 years of credited service was also removed. In 2003 the City passed an ordinance requiring general employees to contribute to the general employees retirement plan, however, the provision regarding the stopping of contributions upon 30 years of service was not reinstated. It appears that the failure to reinstate this provision was an oversight. The proposed ordinance provides that general employee contributions shall cease once the employee reaches 30 years of credited service, employees that have contributed to the plan after September 24, 2010 shall be entitled to a refund of those contributions (there are 5 employees and the total refund amount for all 5 employees is just under $11,000.00) At its meeting of August 15, 2013, the General Employees Retirement Committee reviewed the proposed changes to the ordinance as well as the letter from GRS dated December 21, 2012 and recommended that the changes be adopted. RECOMMENDATION Commission approval. http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 7114 &MeetingID =459 9/13/2013 RS Gabriel Roeder Smith & Company One East Broward Blvd. 954.527.1616 phone Consultants & Actuaries Suite 505 954.525.0083 fax Ft. Lauderdale, FL 33301 -1804 www.gabrielroeder.com September 13, 2013 Ms. Karen Schell Pension Administrator City of Delray Beach 100 Northwest 1 st Avenue Delray Beach, Florida 33444 Re: City of Delray Beach General Employees' Retirement Plan Dear Karen: As requested, we have prepared the enclosed Actuarial Impact Statement for proposed Ordinance No. 22 -13 which would amend the Plan by ceasing member contributions when members attain 30 years of credited service. This change would apply to active members who attain 30 years of credited service after the effective date of the proposed change. Additionally, any member who attained 30 years of service on or after September 24, 2010 will receive a refund of their member contributions starting on the date they attained 30 years of service. The Statement must be filed with the Division of Retirement before the final public hearing on the ordinance. Please have a member of the Board of Trustees sign the Statement. Then send the Statement along with a copy of the proposed ordinance to Tallahassee. Summary of Findings • The required employer contribution in the first year would increase by $9,759, from $2,084,010 to $2,093,769. • The ultimate cost of the proposed change for all current active members is measured by the change in the Actuarial Present Value of Projected Member Contributions. The Actuarial Present Value of Projected Member Contributions would decrease by $184,860. This assumes all of our actuarial assumptions are met each year. This difference would be funded by additional City contributions over time. • We have reflected a refund of approximately $11,000 of contributions to employees who have attained 30 years of service and contributed to the Plan after September 24, 2010. • The Plan's funded ratio (assets divided by actuarial accrued liability) would remain the same. Other Cost Considerations ■ As of October 1, 2012 the Actuarial Value of Assets exceeds the Market Value of Assets by approximately $2,000,000. This difference will be gradually recognized over the next several years. In turn, the computed employer contribution rate will increase by approximately 1% of covered payroll in the absence of offsetting gains. Additional Disclosures This report was prepared at the request of the Board and is intended for use by the Retirement System and those designated or approved by the Board. This report may be provided to parties other than the Board only in its entirety and only with the permission of the Board. Additional Information for Item 10.G. Ms. Karen Schell September 13, 2013 Page 2 The purpose of this report is to describe the financial effect of the proposed plan changes. This report should not be relied on for any purpose other than the purpose described above. The calculations in this report are based upon information furnished by the Plan Administrator for the October 1, 2012 Actuarial Valuation concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year -to -year consistency, but did not otherwise audit the data. We are not responsible for the accuracy or completeness of the information provided by the City or Plan Administrator. The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this report. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period or additional cost or contribution requirements based on the plan's funded status); and changes in plan provisions or applicable law. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. The undersigned actuaries are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Respectfully submitted, -y in , AAA Trisha Amrose, MAAA fled Actuary No. 11 -65 99 Enrolled Actuary No. 11 -8010 Enclosures Gabriel Roeder Smith & Con Additional Information for Item 10.G. CITY OF DELRAY BEACH GENERAL EMPLOYEES' RETIREMENT PLAN Impact Statement — September 13, 2013 Description of Amendments The proposed ordinance would amend the Plan by ceasing member contributions when members attain 30 years of credited service. This change would apply to active members who attain 30 years of credited service after the effective date of the proposed change and active members who had attained 30 years of credited service retroactive to 2010. Funding Implications of Amendment An actuarial cost estimate is attached. Certification of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. For the Board of Trustees as Plan Administrator Additional Information for Item 10.G. Plan SUPPLEMENTAL ACTUARIAL VALUATION REPORT City of Delray Beach General Employees' Retirement Plan Valuation Date October 1, 2012 Date of Report September 13, 2013 Report Requested by Board of Trustees Prepared by Jeffrey Amrose Group Valued All active and inactive members of the Plan. Benefit Provisions Being Considered for Change Present Provision Before Change Member contributions do not cease upon attainment of 30 years of credited service. Proposed Change Member contributions would cease upon attainment of 30 years of credited service. Participants Affected Active members who attain 30 years of credited service after the effective date of the proposed change and active members who had attained 30 years of credited service retroactive to 2010. Actuarial Assumptions and Methods Same as October 1, 2012 Actuarial Valuation Report with no exceptions. Some of the key assumptions /methods are: Investment Return 7.25% Salary Increase 4.4% to 7.2% per year, based on service (salary increases are lowered to 2% for each of the next three years) Cost Method Entry Age Normal Amortization Period for Any Change in Actuarial Accrued Liability N/A Summary of Data Used in Report See attached page. The calculations are based on the data used for the October 1, 2012 Actuarial Valuation Report. Actuarial Impact of Proposal(s) See attached page(s) Additional Information for Item 10.G. Special Risks Involved with the Proposal That the Plan Has Not Been Exposed to Previously None Other Cost Considerations As of October 1, 2012 the Actuarial Value of Assets exceeds the Market Value of Assets by approximately $2,000,000. This difference will be gradually recognized over the next several years. In turn, the computed employer contribution rate will increase by approximately 1% of covered payroll in the absence of offsetting gains. Additional Information for Item 10.G. ANNUAL REQUIRED CONTRIBUTION (ARC) A. Valuation Date October 1, 2012 October 1, 2012 Change Valuation Proposed from Baseline Change B. ARC to Be Paid During Fiscal Year Ending 9/30/2014 9/30/2014 C. Assumed Date of Employer Contrib. 12/31/2013 12/31/2013 D. Annual Payment to Amortize Unfunded Actuarial Liability $ 124,490 $ 125,390 $ 900 E. Employer Normal Cost 1,784,937 1,792,979 8,042 F. ARC if Paid on the Valuation Date: D+E 1,909,427 1,918,369 8,942 G. ARC if Paid on the First Day of the Next Fiscal Year 2,047,860 2,057,451 9,591 H. ARC if Paid on December 31 2,084,010 2,093,769 9,759 I. ARC as % of Covered Payroll* 12.30 % 12.36 % 0.06 % J. Assumed Rate of Increase in Covered Payroll to Contribution Year 0.00 % 0.00 % 0.00 % K. Covered Payroll for Contribution Year 16,937,526 16,937,526 0 L. ARC for Contribution Year: I x K* 2,084,010 2,093,769 9,759 M. REC. as % of Covered Payroll in Contribution Year: L _ K* 12.30 % 12.36 % 0.06 % * Assuming the contribution is paid on the date in item C. Additional Information for Item 10.G. ACTUARIAL VALUE OF BENEFITS AND ASSETS A. Valuation Date October 1, 2012 October 1, 2012 Change Valuation Proposed from Baseline Change B. Actuarial Present Value of All Projected Benefits for 1. Active Members a. Service Retirement Benefits $ 57,198,000 $ 57,198,000 $ - b. Vesting Benefits 2,336,184 2,336,184 - c. Disability Benefits 1,982,137 1,982,137 - d. Preretirement Death Benefits 1,772,881 1,772,881 - e. Return of Member Contributions 44,451 44,451 - 63,333,653 - f. Total 63,333,653 2. Inactive Members a. Service Retirees & Beneficiaries 48,170,305 48,170,305 - b. Disability Retirees 544,614 544,614 - c. Terminated Vested Members 3,041,608 3,041,608 - 51,756,527 - d. Total 51,756,527 3. Total for All Members 115,090,180 115,090,180 - C. Actuarial Accrued (Past Service) Liability per GASB No. 25 98,323,171 98,323,171 - D. Actuarial Value of Accumulated Plan Benefits per FASB No. 35 N/A N/A N/A E. Plan Assets 1. Market Value 92,675,849 92,664,849 (11,000) 2. Actuarial Value 94,654,819 94,643,819 (11,000) F. Unfunded Actuarial Accrued Liability: C -E2 3,668,352 3,679,352 11,000 G. Actuarial Present Value of Projected Covered Payroll 129,483,019 129,483,019 - H. Actuarial Present Value of Projected Member Contributions 4,763,908 4,579,048 (184,860) I. Funded Ratio: E2 /C 96.3 % 96.3 % 0.0% Additional Information for Item 10.G. CALCULATION OF EMPLOYER NORMAL COST A. Valuation Date October 1, 2012 October 1, 2012 Change Valuation Proposed from Baseline Change B. Normal Cost for 1. Service Retirement Benefits $ 1,800,267 $ 1,800,267 $ - 2. Vesting Benefits 221,379 221,379 - 3. Disability Benefits 123,951 123,951 - 4. Preretirement Death Benefits 98,940 98,940 - 5. Return of Member Contributions 44,330 44,330 - 6. Total for Future Benefits 2,288,867 2,288,867 - 7. Assumed Amount for Administrative Expenses 127,077 127,077 - 8. Total Normal Cost 2,415,944 2,415,944 - As % of Covered Payroll 14.26 % 14.26 % 0.00 % C. Expected Member Contribution 631,007 622,965 (8,042) As % of Covered Payroll 3.73 % 3.68 % (0.05) % D. Net Employer Normal Cost: B8-C 1,784,937 1,792,979 8,042 As % of Covered Payroll 10.54 % 10.59 % 0.05 % Additional Information for Item 10.G. Additional Information for Item 10.G. PARTICIPANT DATA October 1, 2012 October 1, 2012 Change Valuation Proposed froth Baseline Ordinance ACTIVE MEMBERS Number 372 372 0 Covered Annual Payroll $ 16,937,526 $ 16,937,526 $ 0 Average Annual Payroll $ 45,531 $ 45,531 $ 0 Average Age 47.4 47.4 0.0 Average Past Service 11.5 11.5 0.0 Average Age at Hire 35.9 35.9 0.0 RETIREES, BENEFICIARIES & DROP Number 261 261 0 Annual Benefits $ 4,642,919 $ 4,642,919 $ 0 Average Annual Benefit $ 17,789 $ 17,789 $ 0 Average Age 68.7 68.7 0.0 DISABILITY RETIREES Number 3 3 0 Annual Benefits $ 46,412 $ 46,412 $ 0 Average Annual Benefit $ 15,471 $ 15,471 $ 0 Average Age 54.4 54.4 0.0 TERMINATED VESTED MEMBERS Number 47 47 0 Annual Benefits $ 491,380 $ 491,380 $ 0 Average Annual Benefit $ 10,455 $ 10,455 $ 0 Average Age 47.9 47.9 0.0 Additional Information for Item 10.G. GRSff Gabriel Roeder Smith & Company One East Broward Blvd. 954.527.1616 phone Consultants tk Actuaries Suite 505 954.525.0083 fax Ft. Lauderdale, FL 33301 -1804 www.gabrielroeder.com December 21, 2012 Ms. Karen Schell Pension Administrator City of Delray Beach 100 Northwest 1 st Avenue Delray Beach, Florida 33444 Re: City of Delray Beach General Employees' Retirement Plan Dear Karen: As requested, we have prepared the enclosed Supplemental Actuarial Valuation Report which measures the financial impact of amending the Plan by ceasing member contributions when members attain 30 years of credited service. This change would apply to active members who attain 30 years of credited service after the effective date of the proposed change and active members who had attained 30 years of credited service retroactive to 2010. Summary of FIndings • The required employer contribution in the first year would increase by $2,089, from $2,128,666 to $2,130,755. ■ The ultimate cost of the proposed change for all current active members is measured by the change in the Actuarial Present Value of Projected Member Contributions. The Actuarial Present Value of Projected Member Contributions would decrease by $176,734. This assumes all of our actuarial assumptions are met each year. This difference would be funded by additional City contributions over time. ■ An additional cost for the proposed change (not included above) is the unpaid member contributions for Milton Willingham and Fiel Bronson that would not be paid back to the fund. As discussed, member contributions were ceased as of September 24, 2010 for Milton Willingham and as of April 20, 2012 for Fiel Bronson. Both members resumed paying member contributions effective November 17, 2012. The member contributions owed to the Plan would not be collected if the proposed change is adopted. ■ The Plan's funded ratio (assets divided by actuarial accrued liability) would remain the same. Other Cost Considerations ■ As of October 1, 2011 the Actuarial Value of Assets exceeds the Market Value of Assets by approximately $10,246,000. This difference will be gradually recognized over the next several years. In turn, the computed employer contribution rate will increase by approximately 5% of covered payroll in the absence of offsetting gains. Additional Disclosures This report was prepared at the request of the Board and is intended for use by the Retirement System and those designated or approved by the Board. This report may be provided to parties other than the Board only in its entirety and only with the permission of the Board. Ms. Karen Schell December 21, 2012 Page 2 The purpose of this report is to describe the financial effect of the proposed plan changes. This report should not be relied on for any purpose other than the purpose described above. The calculations in this report are based upon the data provided by the City for the four current employees who would become eligible to participate in the Plan under the proposed ordinance and upon information furnished by the Plan Administrator for the October 1, 2011 Actuarial Valuation concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year -to -year consistency, but did not otherwise audit the data. We are not responsible for the accuracy or completeness of the information provided by the City or Plan Administrator. The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this report. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period or additional cost or contribution requirements based on the plan's funded status); and changes in plan provisions or applicable law. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. The undersigned actuaries are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Respectfully submitted, 4 rip leffft Amrose, MAAA [Enrolled Actuary No. 11 -6599 Enclosures Gabriel Roeder Smith &- Company Plan SUPPLEMENTAL ACTUARIAL VALUATION REPORT City of Delray Beach General Employees' Retirement Plan Valuation Date October 1, 2011 Date of Report December 21, 2012 Report Requested by Board of Trustees Prepared by Jeffrey Amrose Group Valued All active and inactive members of the Plan. Benefit Provisions Being Considered for Change Present Provision Before Change Member contributions do not cease upon attainment of 30 years of credited service. Proposed Chan ge Member contributions would cease upon attainment of 30 years of credited service. Participants Affected Active members who attain 30 years of credited service after the effective date of the proposed change and active members who had attained 30 years of credited service retroactive to 2010. Actuarial Assumptions and Methods Same as October 1, 2011 Actuarial Valuation Report with no exceptions. Some of the key assumptions/methods are: Investment Return 7.25% Salary Increase 4.4% to 7.2% per year, based on service (salary increases are lowered to 2% for each of the next three years) Cost Method Entry Age Normal Amortization Period for Any Change in Actuarial Accrued Liability N/A Summary of Data Used in Report See attached page. The calculations are based on the data used for the October 1, 2011 Actuarial Valuation Report. Actuarial Impact of Proposal(s) See attached page(s) Special Risks Involved with the Proposal That the Plan Has Not Been Exposed to Previously None Other Cost Considerations As of October 1, 2011 the Actuarial Value of Assets exceeds the Market Value of Assets by approximately $10,246,000. This difference will be gradually recognized over the next several years. In turn, the computed employer contribution rate will increase by approximately 5% of covered payroll in the absence of offsetting gains. * Assuming the contribution is paid on the date in Item C. ANNUAL REQUIRED CONTRIBUTION (ARC) A. Valuation Date October 1, 2011 October 1, 2011 Change Valuation Proposed from Baseline Change B. ARC to Be Paid During Fiscal Year Ending 9/30/2013 9/30/2013 C. Assumed Date of Employer Contrib. 12/31/2012 12131/2012 D. Annual Payment to Amortize Unfunded Actuarial Liability $ 81,283 $ 81,283 $ 0 E. Employer Normal Cost 1,869,059 1,870,973 1,914 F. ARC if Paid on the Valuation Date: D +E 1,950,342 1,952,256 1,914 G ARC if Paid on the First Day of the Next Fiscal Year 2,091,742 2,093,795 2,053 H. ARC if Paid on December 31 2,128,666 2,130,755 2,089 I. ARC as % of Covered Payroll* 11.95 % 11.96 % 0.01 % J. Assumed Rate of Increase in Covered Payroll to Contribution Year 0.00 % 0.00 % 0.00 % K. Covered Payroll for Contribution Year 17,817,131 17,817,131 0 L. ARC for Contribtrtion Year: I x K* 2,128,666 2,130,755 2,089 M. REC as % of Covered Payroll in Contribution Year: L T K* 11.95 % 11.96 % 0.01 * Assuming the contribution is paid on the date in Item C. ACTUARIAL VALUE OF BENEFITS AND ASSETS A. Valuation Date October 1, 2011 October 1, 2011 Change Valuation Proposed from Baseline Change B. Actuarial Present Value of All Projected Benefits for 1. Active Members a. Service Retirement Benefits $ 58,022,430 $ 58,022,430 $ - b. Vesting Benefits 2,456,503 2,456,503 - c. Disability Benefits 2,004,841 2,004,841 - d. Preretirement Death Benefits 1,816,088 1,816,088 - e. Return of Member Contributions 50,032 50,032 _ - f. Total 64,349,894 64,349,894 - 2. Inactive Members a. Service Retirees & Beneficiaries 42,737,386 42,737,386 - b. Disability Retirees 551,109 551,109 - c. Terminated Vested Members 3,154,662 3,154,662 - d. Total 46,443,157 46,443,157 3. Total for All Members 110,793,051 110,793,051 - C. Actuarial Accrued (Past Service) Liability per GASB No. 25 93,546,778 93,546,778 D. Actuarial Value of Accumulated Plan Benefits per FASB No. 35 N/A N/A N/A E. Plan Assets 1. Market Value 80,267,519 80,267,519 - 2. Actuarial Value 90,513,860 90,513,860 - F. Unfunded Actuarial Accrued Liability: C -E2 3,032,918 3,032,918 - G Actuarial Present Value of Projected Covered Payroll 133,561,393 133,561,393 - H. Actuarial Present Value of Projected Member Contributions 4,971,068 4,794,334 (176,734) I. Funded Ratio: E2/C 96.8% 96.8% 0.0% CALCULATION OF EMPLOYER NORMAL COST A. Valuation Date October 1, 2011 October 1, 2011 Change Valuation Proposed from Baseline Change B. Normal Cost for 1. Service Retirement Benefits $ 1,890,959 $ 1,890 ,959 $ - 2. Vesting Benefits 234,182 234,182 - 3. Disabi y Benefits 128,969 128,969 - 4. Preretirement Death Benefits 104,842 104,842 - 5. Return of Member Contributions 48,342 48,342 - 6. Total for Future Benefits 2,407,294 2,407,294 - 7. Assumed Amount for Administrative Expenses 135,818 135,818 - 8. Total Normal Cost 2,543,112 2,543,112 - As % of Covered Payroll 14.27 % 14.27 % 0.00 % C. Expected Member Contribution 674,053 672,139 (1,914) As % of Covered Payroll 3.78 % 3.77 % (0.01) % D. Net Employer Normal Cost. B &C 1,869,059 1,870,973 1,914 As % of Covered Payroll 10.49 % 10.50 % 0.01 % PARTICIPANT DATA October 1, 2011 October 1, 2011 Change Valuation Proposed from Baseline Ordinance ACTIVE MEMBERS Number 389 389 0 Covered Annual Payroll $ 17,817,131 $ 17,817,131 $ 0 Average Annual Payroll $ 45,802 $ 45,802 $ 0 Average Age 47.2 47.2 0.0 Average Past Service 11.2 11.2 0.0 Average Age at Hire 36.0 36.0 0.0 RETIREES, BENEFICIARIES & DROP Number 243 243 0 Annual Benefits $ 4,129,570 $ 4,129,570 $ 0 Average Annual Benefit $ 16,94 $ 16,994 $ 0 Average Age 68.3 68.3 0.0 DISABILITY RETIREES Number 3 3 0 Annual Benefits $ 46,412 $ 46,412 $ 0 Average Annual Benefit $ 15,471 $ 15,471 $ 0 Average Age 53.4 53.4 0.0 TERMINATED VESTED MEMBERS Number 46 46 0 Annual Benefits $ 491,817 $ 491,817 $ 0 Average Annual Benefit $ 10,692 $ 10,692 $ 0 Average Age 47.8 47.8 0.0 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 9, 2013 SUBJECT: AGENDA ITEM 10.H. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 ORDINANCE NO. 23-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for an ordinance to consider an amendment to Chapter 35, "Employee Policies and Benefits ", Section 35.105, "Administration by Retirement Committee ", Subsection (C), "Action by Committee ", Subsection (G) "[Actuary's Responsibilities] ", to allow the Retirement Committee to contract directly with the Actuary. BACKGROUND At the first reading on September 3, 2013, the Commission passed Ordinance No. 23 -13. RECOMMENDATION Recommend approval of Ordinance No. 23 -13 on second and final reading. ORDINANCE NO. 23 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS ", SECTION, "35.105, "ADMINISTRATION BY RETIREMENT COMMITTEE ", SUBSECTION (C), "ACTION BY COMMITTEE ", SUBSECTION (G) "[ACTUARY'S RESPONSIBILITIES] ", TO ALLOW THE RETIREMENT COMMITTEE TO CONTRACT DIRECTLY WITH THE ACTUARY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the General Employees Retirement Committee can currently contract with professional consultants, advisors and investment managers; and WHEREAS, the Committee has the need to use actuaries in order to perform its duties under the plan; and WHEREAS, the Committee has requested the ability to contract with actuary advisors regarding the plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits ", Section 35.105, "Administration by Retirement Committee ", Subsection (C) "Action by Committee ", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: (C) Action by Committee. (1) (2) A majority of the members of the Committee shall constitute a quorum for the transaction of business and shall have full power to act hereunder. Committee meetings shall be noticed and open to the public. Meetings shall be conducted in accordance with rules adopted by the Committee, or by Robert's Rules of Order if the Committee has not adopted rules. Minutes of all meetings of the Committee and a record of any action taken by the Committee shall be kept in written form and such record shall be kept by the secretary appointed by the Committee. Official Committee action shall be by majority vote of a quorum of the Committee. (3) (4) The Committee may invest and reinvest the assets of the Retirement Trust Fund in any investment in which assets of the Florida Retirement System may be invested pursuant to F.S. Section 215.47, as that statute may be amended from time to time, or in accordance with written investment policies adopted by the Committee. The Committee may retain such professional consultants, actuaries, advisors and investment managers as it deems advisable to carry out its responsibilities under this Section. A member of the Committee may not vote or decide upon any matter relating solely to that member, or vote in any case in which the member's individual right or claim to any benefit under the plan is involved. If a Committee member is required to abstain and the remaining members of the Committee are unable to decide the matter, the City Commission may appoint a temporary substitute member to the Committee. Section 2. That Chapter 35, "Employee Policies and Benefits ", Section 35.105, "Administration by Retirement Committee ", Subsection (G) "[Actuary's Responsibilities] ", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: (G) [Actuary's Responsibilities.] (1) The actuary will do any technical and advisory work as the Committee may request, including analysis of the experience of the plan from time to time, the preparation of actuarial tables for the making of computations thereunder, and the submission of an actuarial report as of the anniversary date of the plan each year to the City and the Committee, which report shall contain an actuarial valuation showing the financial condition of the plan, a statement of the contributions to be made by the City for the ensuing year, and any other information as may be required by the Committee. (2) The actuary shall be selected by the Committee. appointed by the City to seFve as long as it is agreeable to the City and the aetu i= . In computing benefits to which a participant may be entitled upon early retirement, upon the exercise of optional forms of retirement income, or upon termination of the plan, and in all other instances in which actuarial computations are required, the actuary shall use those assumptions of mortality and interest rates as were employed in the most recent actuarial valuation of the plan, or, at the option of the Committee, those assumptions as are decided upon jointly by the actuary and the Committee as being reasonable at 2 ORD NO. 23 -13 the time the calculations are made. The actuarial assumptions and the computations made therefrom adopted by the Committee shall be conclusive and binding on all persons. The Committee, City and trustee shall not be liable for any mistakes or errors in any computations made in good faith. 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 , 2013. ATTEST: City Clerk First Readi Second Reading MAYOR 3 ORD NO. 23 -13 Coversheet TO FROM DATE MEMORANDUM Mayor and City Commissioners R. Brian Shutt, City Attorney August 26, 2013 Page 1 of 1 SUBJECT: AGENDA ITEM 111. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 ORDINANCE NO. 23 -13 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 23 -13 which would allow the General Employees Retirement Committee to retain an actuary. BACKGROUND At its meeting of August 15, 2013, the General Employees Retirement Committee requested that an ordinance change be brought to the Commission to allow the Committee to hire an actuary, as it does with other professionals. The City code currently allows the Committee to retain professional consultants, advisors and investment managers, however, the code specifically provides that actuaries shall be appointed by the City. The proposed change would allow the Committee to retain an actuary. RECOMMENDATION Commission approval. http: // agendas. mydelraybeach .com /Bluesheet.aspx"ltemID= 7102 &MeetingID =459 9/9/2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 9, 2013 SUBJECT: AGENDA ITEM 10.I. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 ORDINANCE NO. 25-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and public hearing to amend Chapter 51, "Garbage and Trash ", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied ", to provide for increased residential and commercial collection service rates for FY 2014. BACKGROUND At first reading on September 3, 2013, the Commission passed Ordinance No. 25 -13. RECOMMENDATION Recommend approval of Ordinance No. 25 -13 on second and final reading. ORDINANCE NO. 25 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED ", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2014; PROVIDING A GENERAL, REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works ", Chapter 51, "Garbage and Trash ", Section 51.70, "Regular Charges Levied ", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service, unless the City has approved a different type of service and then each unit/ development shall be billed in accordance with the type of service that it is receiving: Charges for the below- described collection service shall be as follows and shall commence when a certificate of occupancy is issued by the City for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Section 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes): Curbside Roll -Out Carts Monthly Service Cost Per Unit Garbage Collection $4,51 $6.61 Recycling $2.66$2.68 Yard Trash $2,66 $2.68 Total Fees -- Contractor $11.87 $11.97 Cart Replacement .90 Administrative Fee .35 Franchise Fee (10 %) $1.20 Less C & D Credit -0.20 Total Fees X4.09 $14.22 Rear -Door Owner Container Monthly Service Cost Per Unit Garbage Collection ;$17.38 Recycling $2-.64-$2.68 Yard Trash $2,66,-$2.68 Total Fees -- Contractor $22.55 $22.74 Administrative Fee 0.35 Franchise Fee (10 %) 42,24 $2.27 Less C & D Credit -0.20 Total Fees $24.94 $25.16 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit ORD. NO. 25 -13 Garbage /Trash Collection $4-44$4.47 Monthly Service Recycling $2-.66 $2.68 Yard Trash $2-.66 $2.68 $2-.46 $2.68 Total Fees -- Contractor $4.7-5 $9.83 Administrative Fee 0.35 Franchise Fee (10 %) $0.98 Less C & D Credit -0.20 Total Fees X10-8 $10.96 (B) Multi- Family Service Multiple - family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple - family monthly fees shall be based on a per -unit charge. These monthly rates assume two (2) pickups per week. If the amount of refuse generated requires more than two (2) pickups per week, then the third and all subsequent collections shall be charged by the Contractor at the commercial collection rate only. If using roll out carts located within enclosures for multi- family collection service, in addition to the monthly total fee (based on the number of units) paid to the City, the Contractor is permitted to charge a roll -out rate that shall be the same as rollout cart service for commercial customers listed in Exhibit 1, Special Services, of the franchise agreement. If the Contractor furnishes the roll -out carts, as approved by the City, then a monthly fee of $1.00 per cart may be charged by the Contractor directly to the customer. Collection & Hauling Rate Per Unit 3 ORD. NO. 25 -13 Monthly Monthly Service Cost Per Unit Refuse Collection 44.0 $3.33 Recycling $2-.46 $2.68 3 ORD. NO. 25 -13 (C) Commercial Service (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi - family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout Carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical Containers. (2) The owners /operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner /operator and the City or its contractor, and which are convenient for collection by the City or its contractor. (3) Mechanical containers emptied by mechanical means shall be provided by the contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than seven days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container, shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: ORD. NO. 25 -13 Total Per -Unit Fee -- Contractor $6.01 Administrative Fee 0.35 Franchise Fee (10 %) 44,60 $0.60 Less C & D Credit -0.10 Total Monthly Fees Per Unit $6.86 (C) Commercial Service (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi - family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout Carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical Containers. (2) The owners /operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner /operator and the City or its contractor, and which are convenient for collection by the City or its contractor. (3) Mechanical containers emptied by mechanical means shall be provided by the contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than seven days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container, shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: ORD. NO. 25 -13 Commercial Rates (Monthly) Container Container Pickup Frequency (Per Week) Size 1 2 3 4 5 6 7 2 Yard 46.16 92.32 i z� I Q� 230.80 276.96 323.12 Collection 46.50 93.00 139.50 186.00 232.50 279.00 325.50 Disposal 24.35 48.70 73.05 97.40 121.75 146.10 170.45 Container Maintenance 19.40 19.40 19.40 19.40 19.40 19.40 19.40 Fee Total 59.9 -4 460.42 230.93 304.44 374.95 442.46 542.97 Contractor 90.25 161.10 231.95 302.80 373.65 444.50 515.35 Fees Franchise Fee 5-99 46.04 23.09 X40 445 54.38 (10 %) 9.03 16.11 23.20 30.28 37.37 44.45 51.54 Administrative 35 .35 .35 .35 .35 .35 .35 Fee Total Fees 99.25 476.84 254.37 334.93 409.50 487.06 564.62 99.63 177.56 255.50 333.43 411.37 489.30 567.24 3 Yard 69.24 438.48 207.72 276.96 346.20 445.44 484.68 Collection 69.76 139.52 209.28 279.04 348.80 418.56 488.32 Disposal 36.53 73.06 109.59 146.12 182.65 219.18 255.71 Container Maintenance 21.44 21.44 21.44 21.44 21.44 21.44 21.44 Fee Total 427.24 232.98 338.75 444.52 g 76 Contractor 127.73 234.02 340.31 446.60 552.89 659.18 765.47 Fees Franchise Fee 42.72 23.30 33.88 x-4.45 55.03 65.64 76.48 (10 %) 12.77 23.40 34.03 44.66 55.29 65.92 76.55 ORD. NO. 25 -13 Administrative 35 .35 .35 .35 .35 .35 .35 Fee Total Fees 140.28 256.63 372.98 489.32 605.67 722.02 140.85 257.77 374.69 491.61 608.53 725.45 842.37 4 Yard 922 184.64 276.96 369.28 461.60 553.92 646.24 Collection 93.01 186.02 279.03 372.04 465.05 558.06 651.07 Disposal 48.71 97.41 146.12 194.83 243.53 292.24 340.95 Container Maintenance 22.21 22.21 22.21 22.21 22.21 22.21 22.21 Fee Total 163.24 304.26 445.29 2 727.34 868.37 1009.49 Contractor 163.93 305.64 447.36 589.08 730.79 872.51 1014.23 Fees Franchise Fees 46.32 30.43 44.53 58.63 72.73 86..84 400.94 (10 %) 16.39 30.56 44.74 58.91 73.08 87.25 101.42 Administrative 35 .35 .35 .35 .35 .35 .35 Fee Total Fees 479.94 335.04 490.47 645.30 800.42 955.56 4440.69 180.67 336.55 494.45 648.34 804.22 960.11 1116.00 6 Yard 438.47 276.94 445.44 553.88 692.35 830.82 969.29 Collection 139.51 279.02 418.53 558.04 697.55 837.06 976.57 Disposal 73.06 146.12 219.18 292.24 365.30 438.36 511.42 Container Maintenance 25.53 25.53 25.53 25.53 25.53 25.53 25.53 Fee Total 237.06 448.59 660.42 874.65 4 n� 429 4.74' 4506.24 Contractor 238.10 450.67 663.24 875.81 1088.38 1300.95 1513.52 Fees Franchise Fee 23.74 44.86 66.04 87.47 408.32 429.4 2 (10 %) 23.81 45.07 66.32 87.58 108.84 130.10 151.35 ORD. NO. 25 -13 Administrative Pickup Frequency (Per Week) 1 2 3 4 5 6 35 .35 .35 .35 .35 .35 .35 Fee 40;.�6 406.77 Disposal 73.06 146.12 219.18 292.24 365.30 Total Fees $261.12 0 726.48 95947 392.22 393.51 .53 1657.21 784.44 787.02 262.26 496.09 729.91 963.74 1197.57 1431.40 1665.22 8 Yard 184.63 Collection 186.02 372.04 558.06 744.08 930.10 1116.12 1302.14 Disposal 97.41 194.83 292.24 389.65 487.07 584.48 681.89 Container Maintenance 27.09 27.09 27.09 27.09 27.09 27.09 27.09 Fee Total 309.13 59iA8 873.22 1155.26 1 ^� 1719.35 20 Contractor 310.52 593.96 877.39 1160.82 1444.26 1727.69 2011.12 Fees Franchise Fee 30.94 59.42 87.32 445.53 443.73 474.94 200.44 (10 %) 31.05 59.40 87.74 116.08 144.43 172.77 201.11 Administrative 35 .35 .35. 35 .35 .35 .35 Fee Total Fees 2 ^� 650.65 960.89 „� 4584.39 4894.64 04.88 341.92 653.71 965.48 1277.25 1589.04 1900.81 2212.58 Commercial Front -Load Compacting Containers Container Size Pickup Frequency (Per Week) 1 2 3 4 5 6 7 2 Yard Collection 58.11 546 116.22 4 3-04 174.33 239 2 232.44 288.40 290.55 ; 4 6-08 348.66 40;.�6 406.77 Disposal 73.06 146.12 219.18 292.24 365.30 438.36 511.42 Total Contractor Fee 4;0.74 131.17 264.48 262.34 392.22 393.51 522.96 524.68 0 655.85 784.44 787.02 945.48 918.19 ORD. NO. 25 -13 Franchise Fee 10% 43.7 13.12 26.15 26.23 39.22 39.35 52.38 52.47 65.37 65.59 78.44 78.70 91.52 91.82 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 44446 144.64 2-8 � 288.92 434,7-9 433.21 577.50 744.42 721.79 864.2-3 866.07 4007.95 1010.36 3 Yard Collection 86.54 87.16 473.02 174.32 259.53 261.48 346.04 348.64 432.55 435.80 549.06 522.96 605.57 610.12 Disposal 109.59 219.18 328.77 438.36 547.95 657.54 767.13 Total Contractor Fee 496.49 196.75 d 393.50 588.39 590.25 784.49 787.00 980-50 983.75 4476.614 1180.50 4372.70 1377.25 Franchise Fee 10% 49.64 19.68 39.22 39.35 58.83 59.03 78.44 78.70 98.05 98.38 447 .66 118.05 437.27 137.73 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 246.06 216.78 434.77 433.20 647.48 649.63 863.49 866.05 4078.90 1082.48 4294.64 1298.90 4540.32 1515.33 4 Yard Collection 445.35 116.22 230.79 232.44 346.05 348.66 464.40 464.88 576.75 581.10 692.49 697.32 807.45 813.54 Disposal 146.12 292.24 438.36 584.48 730.60 876.72 1022.84 Total Contractor Fee 264.47 262.34 522.94 524.68 784.44 787.02 4045.89 1049.36 4307.35 1311.70 4568.82 1574.04 4830.29 1836.38 Franchise Fee 10% 26.45 26.23 52.29 52.47 78.44 78.70 404.59 104.94 430.74 131.17 456.88 157.40 483.03 183.64 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 287.97 288.92 575.58 577.50 563.29 866.07 4450.82 1154.65 4438.44 1443.22 4726.05 1731.79 2943.67 2020.37 6 Yard Collection 473.03 174.33 346.06 348.66 549.09 522.99 692.42 697.32 865.45 871.65 4038 1045.98 4244.24 1220.31 Disposal 219.18 438.36 657.54 876.72 1095.90 1315.08 1534.26 Total Contractor Fee 392.24 393.51 784-42 787.02 4476..63 1180.53 4568.84 1574.04 464-95 1967.55 2353.26 2361.06 2745.47 2754.57 Franchise Fee 10% 39.22 39.35 78.44 78.70 447.66 118.05 456.88 157.40 496.44 196.76 235.33 236.11 274.55 275.46 Administrative .35 .35 .35 .35 .35 .35 .35 ORD. NO. 25 -13 Fee $250.00 20 Yard $295.00 30 Yard $345.00 40 Yard j $395.00 Total Fee 431.78 433.21 863.21 866.07 1294.64 1298.93 1726.07 1731.79 2157.51 2164.66 2588.94 2597.52 3030.38 8 Yard Collection 230.70 232.43 464.40 464.85 692.40 697.29 922.80 929.72 4453.514 1162.15 4384.20 1394.58 4644.90 1627.01 Uis osal 292.24 584.48 876.72 1168.96 1461.20 1753.44 2045.68 Total Contractor Fee 522.94 524.67 4045.89 1049.34 4568.82 1574.01 2094.76 2098.68 2644.70 2623.35 3437.64 3148.02 3660.58 3672.69 Franchise Fee 52.29 52.47 404.59 104.93 456.88 157.40 209.48 209.87 264.47 262.34 343.76 314.80 366.06 367.27 10% Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 575.58 577.49 4450.82 1154.62 4726.05 1731.76 2304.23 2308.90 2876.52 2886.04 3454.75 3463.17 4026.99 4040.31 Commercial /Multi - Family Rolloff Containers: Commercial /Multi - Family Permanent Roll -Off Containers: Permanent open -top roll -off container: $2;9.;5 Two hundred fort,: -one dollars and fort,: -one cents $241.41 (Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup plus disposal cost and franchise fee Compactors: Two hundred forg- one dollars and fort,: -one cents $241.41 (Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup plus disposal cost and franchise fee PLUS monthly container maintenance fee 15 Yard $250.00 20 Yard $295.00 30 Yard $345.00 40 Yard j $395.00 Excludes commercial recycling containers and construction /demolition debris. ORD. NO. 25 -13 Commercial 95- Gallon Cart Service (Does not apply to residential service) NOTE: The foregoing rates are based on forty -two dollars ($42.00) per ton ($2.81 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 2013. NOTE: Government buildings shall be charged the regular commercial customer rate, but shall not be charged for disposal fees, where the Contractor receives the appropriate disposal credits from SWA. 10 ORD. NO. 25 -13 Pickups Per Week 1 2 3 4 5 6 Collection 26.69 26.83 5;.29 53.66 �9:89 80.49 406..40 107.32 4;;.09 134.15 459.60 160.98 Disposal 6.08 12.16 18.24 24.32 30.40 36.48 Container Maintenance Fee 2.00 2.00 2.00 2.00 2.00 2.00 Total Contractor Fees ;468 34.91 6�46 67.82 400.04 100.73 4;2.�2 133.64 465.40 166.55 438.08 199.46 Franchise Fee (10 %) 3.49 &-74 6.78 40.00 10.07 4;.27 13.36 46.54 16.66 49.84 19.95 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ;8.50 38.75 74.45 74.95 44049 111.15 446.;4 147.35 482.29 183.56 219.76 NOTE: The foregoing rates are based on forty -two dollars ($42.00) per ton ($2.81 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 2013. NOTE: Government buildings shall be charged the regular commercial customer rate, but shall not be charged for disposal fees, where the Contractor receives the appropriate disposal credits from SWA. 10 ORD. NO. 25 -13 The Contractor shall be allowed to charge the Special Services rates, as set forth in Exhibit 1 of the Franchise Agreement, if the Contractor performs any of the services listed on the special services exhibit. The City's franchise fee shall be applied to these rates. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 this ordinance shall become effective on October 1, 2013. PASSED AND ADOPTED in regular session on second and final reading on this day of September, 2013. ATTEST: City Clerk First Reading Second Reading MAYOR 11 ORD. NO. 25 -13 Coversheet TO FROM DATE MEMORANDUM MAN Mayor and City Commissioners Louie Chapman, Jr., City Manager August 30, 2013 Page I of I SUBJECT: AGENDA ITEM 11.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 ORDINANCE NO. 25 -13 ITEM BEFORE COMMISSION This ordinance is before Commission for first reading to amend Chapter 51 "Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, "Regular Charges Levied" to provide for increased residential and commerical collection service rates for FY 2014. BACKGROUND Garbage, recycling, yard trash, bulk trash, and commercial container fees are being amended. 1. Residential customers should see a slight increase (less than 1 %) in their rates due to an approximate .86% increase in the CPI. There was no change in the fuel surcharge so there is no corresponding rate increase or decrease due to fuel cost changes. 2. Commercial rates were also adjusted by the CPI increase which was approximately .86% and 0% for fuel surcharge. All rate changes have been reviewed and approved by Waste Management in accordance with our contract. These rates go into effect October 1, 2013. RECOMMENDATION Recommend approval of Ordinance No. 25 -13 on first reading. If passed, a public hearing will be scheduled for September 17, 2013. http: // agendas. mydelraybeach .com /Bluesheet.aspx"ltemID= 7144 &MeetingID =459 9/9/2013 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney THROUGH: DATE: September 11, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 ORDINANCE NO. 24-13 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 24 -13 which provides for modifications to the Police /Fire Pension Ordinance to allow the Mayor to nominate someone to the Board, other than the Assistant City Manager, however the Commission must approve the nomination. BACKGROUND Currently, the Mayor must serve on the Board of Trustees for the Police and Fire Pension Plan, unless he designates the Assistant City Manager to take his place. In light of the recent departure of Mr. Smith, it was proposed to modify the ordinance to remove the restriction allowing the Mayor to only designate the Assistant City Manager. During first reading, at the Commission's September 3, 2013 meeting, the Commission gave direction to modify the ordinance to provide that the Mayor may nominate someone to take the Mayor's place on the board, provided that the Commission must approve the nomination. It was the consensus of the Commission to bring this item back as a First Reading at the September 17, 2013 Regular Meeting. The attached ordinance provides for that change and clarifies that any person the Mayor nominates must also meet the requirements of Section 32.07 of the Code of Ordinances which provides that the person must possess sufficient knowledge, experience, judgment or background necessary to competently serve and the person must also be a resident, own property or a business or be an officer or manager of a business in Delray Beach. RECOMMENDATION Commission approval. ORDINANCE NO. 24 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33 "POLICE AND FIRE - RESCUE DEPARTMENTS ", SECTION 33.65, "ADMINISTRATION"; TO CLARIFY THE MEMBERSHIP OF THE BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend the City Police And Firefighters Retirement System as set forth in Chapter 33 of the City Code to provide that the Mayor, if the Mayor chooses not to sit on the Board, may nominate another person to take his/her place on the Board, other than the Assistant City Manager; and WHEREAS, any person nominated by the Mayor must comply with Section 32.07, Membership Qualifications /Requirements of the Code of Ordinances. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire - Rescue Departments", Section 33.65, "Administration" of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.65. ADNBMSTRATION. (A) The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this subchapter are vested in a Board of Trustees consisting of nine (9) persons as follows: (1) The Mayor, or a person nominated by the Mayor Lwho meets the requirements of Section 32.07 of the Code of Ordinances) and approved by the Commission upon (2) Two (2) public members, one of whom may be a City Commissioner, to be appointed by the City Commission as hereinafter provided; (3) The Fire Chief or a firefighter (with a minimum rank of Chief Officer) designated by the Fire Chief, (4) The Police Chief or a police officer (with a minimum rank of Captain) designated by the Police Chief, (5) Two (2) members of the Fire Department to be elected as hereinafter provided; (6) Two (2) members of the Police Department to be elected as hereinafter provided. (B) The term of office of each appointed and elected trustee shall be two (2) years except that the initial terms within each category above shall be for two (2) and three (3) years. The initial terms shall commence on the effective date of this system. Initially in each elective category, the trustee receiving the most votes shall serve a three -year term, the second most votes a two -year term. 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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. Mayor ATTEST: City Clerk First Reading Second Reading