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10-25-05 Agenda Reg - DUE TO HURRICANE WILMA - THE FOLLOWING AGENDA ITEMS (ITEMS ON THE OCTOBER 25, 2005 CITY COMMISSION MEETING) WERE RESCHEDULED TO THE NOVEMBER 1, 2005 CITY COMMISSION MEETING (THE COMMISSION MEETING SCHEDULED FOR OCTOBER 25, 2005 WAS NOT HELD) City of Delray Beach Regular Commission Meeting ==::J Tuesd'l)'. October 25. 2005 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard conceming any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be at the specific request of individual City Commission members. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: . October 11, 2005 - Regular Meeting . October 18, 2005 - Special/Workshop Meeting 6. PROCLAMATIONS: A. Recognizing and Commending the Dekay Beach Ocean Rescue Lifeguard Competition Team B. Recognizing and Commending Fire-Rescue Division Chief Russell Accardi C. Recognizing and Commending Fire-Rescue Lieutenant Ed Crelin D. Recognizing and Commending Allen Antolic E. Family Literacy Month - November 2005 F. Recognizing and Commending The Center for Technology, Enterprise, and Development, Inc. 7. PRESENTATIONS: A. Special Recognition Award - Brittany Smith B. Special Recognition Award - Marty Riger C. "Spotlight on Youth" - John Morley, President of the Dekay Beach Youth Council D. "Spotlight on Neighborhoods" - Gail-Lee McDermott, Chairman, Neighborhood Advisory Council E. Update on R.A.C.E. (Relationship between Authorities, Citizens, and Experts), Samuel E. Mathis, Jr., Diversity Business Strategist and Advisor 8. CONSENT AGENDA: City Manager Recommends Approval. A. FINAL BOUNDARY PLAT APPROVAL/VILLAGE AT SWINTON SOUARE PLAT: Approve the boundary plat for the Village at Swinton Square, located on the southwest comer ofS.W. 10'. Street and Swinton Avenue. B. RESOLUTION NO. 85-05: Approve Resolution No. 85-05 assessing costs for abatement action required to remove nuisances on four (4) properties throughout the City. 10-25-2005 - 2 - C. ACCEPTANCE OF RIGHT-OF-WAY DEED/S.W. 5TH AVENUE: Approve and accept a right-of-way deed dedicating property to the City for City right-of-way associated with Lot 42, S.W. 5'" Avenue. D. GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION: Approve and accept the Florida Department of Transportation (FDOT) Highway Safety Grant award in the amount of $41,603.00 providing partial funding for a Driving Under the Influence (DUI) enforcement position for the Delray Beach Police Department's DUI program. E. SERVICE AUTHORIZATION NO. IS/CURRIE SOWARDS AGUILA ARCHITECfS: Approve Service Authorization No. 18 to Currie Sowards Aguila Architects in the amount of $147,500.00 for consulting services for the design and construction of the proposed new Administration Building at the Environmental Services Department (ESD) site. Funding is available from 441-5161-536-62.32 (Water/Sewer Fund/ESD Building Expansion). F. CHANGE ORDER NO.3 (CONTRACf ADDlTION.)/ROSSO PAVING AND DRAINAGE. INC.: Approve Change Order No. 3 (Contract Addition) in the amount of $75,958.65 to Rosso Paving and Drainage, Inc. for the N.E. 4'" Avenue Project. Funding is available from 334-3162-541-65.81 (General Construction Fund/N.E. 4" Avenue), 448-5461-538-65.81 (Stormwater Utility Fund/N.E. 4'" Avenue), and 442-5178-536-63.50 (Water/Sewer Renewal and Replacement Fund/ Water Mains). G. RESOLUTION NO. 86-05: Approve Resolution No. 86-05 recognizing Paramedic Peter L. Firehock by naming the Fire-Rescue Training Center, located at 80 Deport Avenue, The Peter L. Firehock Public Safety Training Center. H. HOUSING REHABILITATION GRANT /CONTRACf AWARDS: Approve Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $15,907.50 to Preston Construction (351 N.W. 4" Avenue) and $20,291.25 to South Florida Construction (147 S.W. 14" Avenue). Funding is available from 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP) Program/Housing Rehabilitation). 1. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $27,530.00 to allow the applicant to secure new ftnancing J. ALTERNATIVE WATER SUPPLY GRANT PROGRAM AGREEMENT/SOUTH FLORIDA WATER MANAGEMENT DlSTRICf (SFWMD): Approve and accept a 2005-2006 Alternative Water Supply Funding Program Grant Agreement in the amount of $500,000.00 with the South Florida Water Management District (SFWMD) for the Area 2 and 3 Reclaimed Water Transmission System Project. 10-25-2005 - 3 - K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 10, 2005 through October 21, 2005. L. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Horsepower Electric, Inc. in the amount of $298,298.00 for the U.S. 1 and Tropic Boulevard Signalization Project. Funding is available from 334-3162-541-65.68 (General Construction Fund/US 1 at Tropic Boulevard). 2. Approve the purchase of 100 Citrix Ucenses from CompServ in the amount of $27,700.00 via the Florida State Contract #250-040-99-1 to allow the Police Department to access the Criminal Justice Network (CJNEl) and Palms in- house and in patrol vehicles. Funding is available from 001-2113-521-66.10 (General Fund/Software). 3. Approve a blanket purchase order, requisition number 121815, with Boca Tire, Inc., in the amount of $30,000.00 via Florida State Contract #863-000-03-1, for the purchase of various tires as needed. Funding is available from 501-3311- 591-52.20 (General Garage Fund/General Operating Supplies). 4. Approve a blanket purchase order with Otto Waste Systems, in the amount of $149,999.00 for the purchase of garbage carts with lids and wheels as needed. Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal & Replacement). 5. Approve a blanket purchase order, requisition number 121395, with Poolsure in the amount of $43,500.00 for the purchase and delivery of Sodium Hypochlorite and Calcium Hypochlorite as needed. Funding is available from 441-5123-536- 52.21 (Water/Sewer Fund/Chemicals). 6. Purchase award to 3M Traffic Safety Systems Division in the amount of $15,166.60 via the Osceola Board of County Commissioners Bid #A/R #05- 412- TM and pricing from an expired State Contract for the purchase of sign materials and barricade tape materials for the City's Sign Shop. Funding is available from 001-3141-541-52.20 (General Fund/General Operating Supplies). 7. Purchase award to Hall-Mark Fire Apparatus/Horton Emergency Vehicles in the amount of $203,488.06 via the Florida Sheriffs Association, Bid #05-06- 0823 for one (1) 2006 Horton Custom Rescue Transport Vehicle for the Fire Department. Funding is available from 501-3312-591-64.25 (Central Garage Fund/Heavy Equipment). 9. REGULAR AGENDA: A. CONDITIONAL USE REOUEST /LIFE SKILLS CENTER: Consider a request to allow the establishment of a charter school, Ufe Skills Center, within the PC (planned Commercial) zoning district, located within the Lake Ida Shopping Center at the southwest comer of Lake Ida Road and Congress Avenue. (Quasi-Judicial Hearing) 10-25-2005 - 4 - B. CONDITIONAL USE REOUEST /TOUSSAINT L'OUVERTURE HIGH SCHOOL FOR ARTS AND SOCIAL TUSTICE: Consider a request to allow the establishment of a charter school, Toussaint L'Ouverture High School for Arts and Social Justice, within the PC (planned Commercial) zoning district, located within the Delray Square II Shopping Center at the northeast comer of West Adantic Avenue and Military Trail. (Quasi-Judicial Hearing) C. CONDITIONAL USE REOUEST/STH AVENUE AT DELRAY: Consider a request to allow a building height in excess of 48' (to a maximum of 60') and to allow a density in excess of 30 dwelling units per acre (37.30 du/ac proposed) for 5" Avenue at Delray, located on the east side of N.E. 5" Avenue (Southbound Federal Highway), 112' north of N .E. 1" Street (131-185 N .E. 5" Avenue). (Quasi Judicial Hearing) D. BID AWARD/SPECIAL PRODUCTS GROUP: Consider approval of a bid award to second lowest bidder, Special Products Group, at an estimated annual cost of $75,935.25 for the purchase of uniforms for the Police Department. Funding is available from 001- 2111-521-52.22 (public Safety/Uniforms/Linen), 001-2113-521-52.22 (Support Services/Uniforms/Linen), 001-2115-521-52.22 (Investigation/Special Ops'; Uniforms/Linen), 001-2117-521-52.22 (District l/Uniforms/Linens), 001-2119-521- 52.22 (District 2/Uniforms/Linens), and 001-2121-521-52.22 (District 3/Uniforms/ Linens). E. AGREEMENTS/COMMUNITY CHILD CARE CENTER/CHILDREN'S CASE MANAGEMENT ORGANIZATION: Consider approval of the agreements between the City of Delray Beach and the Community Child Care Center (CCCC) and the Children's Case Management Organization (CCMO) as the non-profit providers of services at the Village Academy Beacon Center, pursuant to the City's contract with the Children's Services Council of Palm Beach County (CSC). F. OLD SCHOOL SOUARE PARKING GARAGE/CM AT RISK CONTRACT: Consider approval of the Selection Committee's rankings of the Proposals for the Old School Square Parking Garage CM At Risk and authorize staff to proceed with contract negotiations with the top ranked firm, Catalfumo Construction, Ltd. G. FLORIDA LEAGUE OF CITIES. INC.lFLORIDA CITIES OF EXCELLENCE AWARDS BANOUET: Consider purchasing a table in the amount of $750.00 at the Florida League of Cities' Florida Cities of Excellence A wards Banquet to be held on November 18,2005 in Orlando, Florida. Funding is available from 001- 1111-511-48.10 (General Fund/Commission Special Event Contingency). H. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) alternate member to the Civil Service Board for an unexpired term ending July 1, 2006. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). 10-25-2005 - 5 - 1. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint three (3) regular members (one member for each Zone 1,5, & 6) and an At Large Representative to the Neighborhood Advisory Council for two (2) year terms ending October 31, 2007. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat #5). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 73-05: An ordinance amending Chapter 32, "Departments, Boards, and Commissions", by enacting Sections 32.60 et seq creating a Police Advisory Board. B. WAIVER OF BIDDING REOUlREMENTS/BUS SHELTER INSTALLATION: Consider approval of waiving the requirements of Section 36.02, "Acquisition of Personal Property, Supplies, or Contractual Services", and Section 36.05, "Bidding Procedures", of the Code of Ordinances, for the installation of bus shelters. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 74-05: Rezoning from RO (Residential Office) to R-I-A (Single Family Residential) for a 0.57 acre parcel of land for 9th Street Properties, located at the southeast comer of N.E. 2nd Avenue (Seacrest Boulevard) and N.E. 9th Street. If passed, a public hearing will be held on November 15, 2005. B. ORDINANCE NO. 75-05: An ordinance amending Tide 13, "General Offenses", of the Code of Ordinances, by enacting a new Chapter 136, "Sexual Offenders and Sexual Predators", which provides that sexual predators and sexual offenders cannot reside within 1 ,500 feet of a designated school, public bus stop, day care center, or park. If passed, a public hearing will be held on November 15, 2005. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Atromey C. City Commission POSTED: OCTOBER 21, 2005 10-25-2005 6 - OCTOBER 11. 2005 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, October II, 2005. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Manager Carolanne Kucmerowski, Acting City Clerk 2. The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul's Episcopal Church. 3. given. The Pledge of Allegiance to the flag of the United States of America was 4. AGENDA APPROVAL. Mayor Perlman stated there is a final revised agreement for Item 9.E., Revised Al!reement/Match Point., Inc. and a revised resolution for Item 9.M., Resolution No. 83-05. Mr. Levinson requested that Item 9.P., Reauest for MediationlPublic Meetinl! Rules ofthe Regular Agenda be moved to the Regular Agenda as Item 9.A.1. Mr. Levinson moved to approve the Agenda as amended, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Ellis moved to approve the Minutes of the Regular Meeting of September 20, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor 10/11/05 Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Recol!nizinl! and Commendinl! the Delrav Divas Step Dance Teams Mayor Perlman read and presented a proclamation hereby proclaiming the Delray Divas to be Champions among Champions and Ambassadors of Good Will and Sportsmanship for the City of Delray Beach. The following individuals came forward to accept a proclamation: . David Ricks, Recreation Supervisor IV . Rbonda Williams-Turner, Program Director . Tia Dobard, Coach . Tammy Peak, Coach . LaToya Jackson, Coach . Dawne Girtman, Coach 6.B. Florida City Government Week - October 16-22. 2005 Mayor Perlman read and presented a proclamation hereby proclaiming the week of October 16 through October 22, 2005 as Florida City Govemment Week in the City of Delray Beach. Nancy King, Staff AssistantJPublication Editor, came forward to accept the proclamation. 6.C. Bethel Evanl!elical Baptist Church of Delrav - 25th Anniversarv Mayor Perlman read and presented a proclamation hereby recognizing Bethel Evangelical Baptist Church on its 25th Year Celebration in the City of Delray Beach. Reverend Franck Francois (Pastor) came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 77-05: Recognizing and Commending James Mihori and Chieko Mihori for their years of dedicated service to Sister Cities. The caption of Resolution No. 77-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA RECOGNIZING AND COMMENDING JAMES "JIMMY" MIHORI AND CHIEKO MIHORI FOR THEIR YEARS OF DEDICATED SERVICE TO SISTER CITIES OF DELRA Y BEACH AND THE CITY OF DELRA Y BEACH. -2- 10/11/05 (The official copy of Resolution No. 77-05 is on file in the City Clerk's Office. ) Mrs. Ellis moved to approve Resolution No. 77-05, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mayor Perlman read and presented Resolution No. 77-05 to James and Chieko Mihori. Jimmy and Chieko Mihori came forward to accept their Resolution. Mayor Perlman stated one of his biggest regrets as Mayor is that he was supposed to go last year to celebrate the Anniversary of Delray's relationship with Miyazu, Japan and unfortunately at the last minute had a death in the family and had to cancel. He hopes to have the opportunity to go to Miyazu with Mr. and Mrs. Mihori because he underslands that it is an incredible experience. Ms. McCarthy stated one of her most memorable moments as City Commissioner was she went to Morikami and had the opportunity to do a traditional dance with Mrs. Mihori on the stage. Ms. McCarthy stated this was a wonderful moment and thanked her for sharing her culture. 7.B. Sister Cities/Y outh Ambassadors David Schmidt, President of Sister Cities, gave a brief slide presentation regarding the Sister Cities organization. He thanked the Commission for its support each year and stated their contribution helps them to have the ability to use what funds they raise from fundraising efforts to sponsor programs such as the student trip. In addition, he thanked the City Manager for allowing Nancy King to go on the trip. This year Tony Durante stepped in and helped train the students and helped chaperon the students. He named seven student ambassadors from Atlantic High School and noted because of the outstanding group of applicants seven students were sent this year instead of the usual five. Tony Durante briefly explained the trip to Miyazu, Japan and gave a brief slide presentation. 7.C. Academv "Spotlil!ht on Education" - Tammv Ferl!uson, Principal of Villal!e Dr. Tammy Ferguson, Principal of Village Academy, gave a brief update on Village Academy and stated Village Academy is a community school in Delray Beach and this year they have Pre-K through 7th Grade. She stated their focus is Rigor, Relevance, and Relationships (RRR). - 3 - 101ll/05 Ms. Ferguson stated the Beacon Center provides the opportunity to allow children to come to school earlier and stay later to get extra education. Mayor Perlman thanked Dr. Ferguson for doing such an incredible job with the Village Academy and stated the micro-society program is very exciting. He asked Dr. Ferguson to thank the children for the bouquet of cookies he received from them. On behalf of the City of Delray Beach who is recipient of the grant, Mr. Levinson stated the Commission is thrilled that Dr. Ferguson is working with the Beacon Center. 7.0. Community Land Trust Community Redevelopment A!!encv Joseph E. Grav. Assistant Director. Joe Gray, Assistant Director of the Community Redevelopment Agency (CRA), gave a brief presentation explaining the Community Land Trust and commented it is for people who cannot own a home on their own. The Land Trust reserves the option to repurchase a piece of property at a set price when the owner decides to sell the house. Mr. Gray stated that at a future meeting the Commission will need to make appointments for the Community Land Trust Board. Mayor Perlman stated this has been in the works for a couple of years now and he is looking forward to getting it implemented. He stated he appreciates Mr. Gray's hard work and feels this is a very innovative idea and very needed. Mr. Levinson stated he thinks a potential for significant CLT action would be a self initiated action where a person who is in a home that needs to be fixed up because it has deteriorated over a period of time can sell the land to the CL T and take the proceeds to reinvest in the house to fix it up. This allows a person to stay in their home and fix it up where they might not have the ability to finance those repairs. Mr. Levinson stated this is a very effective tool particularly in the targeted areas. 7.E. Introduction or Dou!! Smith. Assistant City Mana!!er The City Manager stated as the Commission is aware the City created a new Assistant City Manager position and he would like to take the opportunity this evening to introduce the new Assistant City Manager Doug Smith. The City Manager stated Mr. Smith worked for the City of North Palm Beach for approximately five years and feels he will be a great asset to the staff here in Delray Beach. 8. CONSENT AGENDA: City Mana!!er Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROV ALffROPIC ISLES TOWNHOMES REPLAT: Approve the subdivision plat for Tropic Isles Townhomes, -4- 10/11/05 an eight (8) lot, fee-simple, townhouse development, located at the northwest comer of Frederick Boulevard and Avenue "H". 8.B. RESOLUTION NO. 75-05: Approve Resolution No. 75-05 assessing costs for abatement action required to remove nuisances on two (2) properties throughout the City. The caption of Resolution No. 75-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRA Y BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTNE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 75-05 is on file in the City Clerk's Office. ) 8.C. RESOLUTION NO. 76-05: Approve Resolution No. 76-05 amending Resolution No. 2-82 to remove the requirement that the Hamlet Residents' Association Articles of Incorporation, Bylaws, or Declaration of Restrictive and Maintenance Covenants may not be amended or terminated without the City's approval. The caption of Resolution No. 76-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING RESOLUTION 2-82 BY REMOVING THE REQUIREMENT THAT THE HAMLET RESIDENTS ASSOCIATION INC.'S ARTICLES OF INCORPORATION, BYLAWS OR DECLARATION OF RESTRICTIVE AND MAINTENANCE COVENANTS MAY NOT BE AMENDED OR TERMINATED UNLESS - 5 - 10/ll/05 AND UNTIL THE CITY OF DELRA Y BEACH HAS APPROVED THE AMENDMENT AS IT RELATES TO ALL OTHER ISSUES NOT RELATED TO RESOLUTION 2-82; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 76-05 is on file in the City Clerk's Office. ) 8.D. RESOLUTION NO. 78-05: Approve Resolution No. 78-05 supporting the use of red light cameras. The caption of Resolution No. 78-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, SUPPORTING THE USE OF RED LIGHT CAMERAS. (The official copy of Resolution No. 78-05 is on file at the City Clerk's Office. ) 8.E. AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/AUBURN TRACE: Approve an Amendment to the Contract for Sale and Purchase between the City and Auburn Trace to reflect that Auburn Trace, Ltd. shall seek release of an easement for drainage by the School District, from the Seller's mortgage, if required. 8.F. CHRIS EVERT PRO-CELEBRITY TENNIS CLASSIC: Approve an agreement between the City and Chris Evert Charities, Inc. for the Chris Evert Pro- Celebrity Tennis Classic to be held at the Tennis Center in December for the years 2005, 2006, and 2007; and the City will make the following contributions to Chris Evert Charities, Inc.: $40,000.00 in 2005, $41,200.00 in 2006, and $42,400.00 in 2007. Funding is available from 001-4210-575-55.43 (General Fund/Chris Evert Classic Tournament). 8.G. ACCEPTANCE OF RIGHT-OF-WAY DEED/GEORGE BUSH BOULEVARD: Approve and accept a right-of-way deed associated with a seven (7) foot strip of property along the north side of George Bush Boulevard, located between north and southbound Federal Highway. 8.H. SPECIAL EVENT REOUESTIHOLIDAY PAGEANT PARADE: Approve and endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and Recreation Department and the Chamber of Commerce to be held on December 10, 2005 beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure and use of Atlantic Avenue from Gleason Street and Andrews Avenue to N.W. 1st Avenue; Miramar and Lowery for parade set up from approximately 4:00 p.m. to 7:30 p.m.; and authorize staff support for traffic control and security, EMS assistance, barricade set-up/removal, trash removal/clean up, and processing of the FDOT - 6 - 10/11105 permit. 8.1. INTERLOCAL AGREEMENTIBOYNTON BEACH: Approve an Interlocal Agreement with the City of Boynton Beach for the assignment of a fire-safety trailer by the City of Delray Beach to the City of Boynton Beach. 8.J. SERVICE AUTHORIZATION NO. 4/SPATIAL FOCUS. INC.: Approve Service Authorization No.4 to Spatial Focus, Inc. in the amount of $32,000.00 for Ihe completion of the citywide Address and Geo Audits. Funding is available from 442-5178-536-31.90 (WaterlSewer Renewal and Replacement Fund/Other Professional Services). 8.1(. CHANGE ORDER NO. 1 (CONTRACT ADDITION)/CHAZ EOUIPMENT. INC.: Approve Change Order No. I (Contract Addition) between the City and Chaz Equipment, Inc. in the amount of $59,500.00 for construction of a secondary containment enclosure at the Water Treatment Plant as an addition to the Swinton Avenue Beautification Phase II Project construction contract. Funding is available from 442-5178-536-64.45 (Waterl Sewer Fund/Gas Chlorine Conversion). 8.L. CHANGE ORDER NO.4 (CONTRACT ADDITIOM/ASPHALT CONSULTANTS. INC.: Approve Change Order No.4 (Contract Addition) between the City and Asphalt Consultants, Inc. in the amount of $170,107.23 for additional services associated with the replacement of an existing sewer main as part of the N.W.lS.W. 5th Avenue Beautificalion Project. Funding is available from 442-5178-536-63.51 (Water & SewerlRenewallReplacementlSewer Mains) and 334-3162-541-65.83 (General Construction FundIN.W.lS.W. 5th Avenue). 8.M. CHANGE ORDER NO. 1 (CONTRACT ADDITION)IHARTZELL CONSTRUCTION. INC.: Approve Change Order No. I (Contract Addition) between the City and Hartzell Construction, Inc. in the amount of $115,204.00 for the Chatelaine sidewalks. Funding is available from 334-6130-541-63.89 (General Construction FundlNeighborhood Improvements). 8.N. LEGISLATION OPPOSITION: Approve the City's opposition 10 U.S. Senate Bill 1349 and House Bill 3146 "Video Choice Act" that would preempt the City's authority over video services and reduce the City's ability to obtain support for public, educational, and government (PEG) capacity; and authorize the Mayor to send an opposition letter. 8.0. FLORIDA DEPARTMENT OF TRANSPORATION (FDOT) LANDSCAPE MAINTENANCE COMMITMENT/ATLANTIC AVENUE/SOUTH FEDERAL HIGHWAY: Approve a Florida Department of Transportation (FDOT) Landscape Maintenance Commitment to accept maintenance responsibility for landscaping to be installed on West Atlantic Avenue, WestlEast Atlanlic Avenue, and South Federal Highway (US I) as part of three (3) Resurfacing, Restoration, and Rehabilitation (RRR) Projects. -7- 10/11/05 8.P. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve Housing Rehabilitation grant/contract award through the Community Development Division in the amount of $29,585.00 to Sun Sand Builders (220 N.W. 2nd Street). Funding is available from 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP) ProgramJHousing Rehabilitation). M!:. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 19, 2005 through October 7, 2005. 8.R. AWARD OF BIDS AND CONTRACTS: 1:. Contract renewal with Pencco, Inc. for the purchase of hydrotluorosilicic acid at an estimated annual cost of $20,352.00 for the Water Treatment Plant. Funding is available from 441- 5122-536-52.21 (Water/Sewer Fund/Chemicals) FY 05/06. 2. Purchase award to Don Reid Ford in the amount of$15,698.00 via the Florida Sheriffs Associalion Contract #(FSA) 04-12-0823 for the purchase of one (1) 2006 Ford Escape small size utility 4 x 2 Truck for the Utilities Customer Service Division. Funding is available from 441-5112-536-64.20 (Water/Sewer Fund/Automotive). 3. Purchase award to Garber Ford Mercury in the amount of $20,846.00 via the Florida Sheriffs Association Contract #(FSA) 04-12-0823 for the purchase of one (1) 2006 Ford F-250 SD:y. ton Pick-up Truck for Parks Maintenance. Funding is available from 001-4138-572-64.20 (General Fund/Automotive). 4. Purchase award to Taylor Data Systems, Inc. in the amount of $22,431.76 for the purchase of four (4) additional in-vehicle Mobile Data Terminals with software and wireless service for the Fire Department. Funding is available from 115-2311-522-64.90 (Special Projects Fund/Other Machinery/ Equipment). 5. Purchase award to GameTime in the amount of $45,550.12 via Florida State Contract #650-001-04-1 for the purchase of the Extravaganza model playground equipment for Miller Park. Funding is available from 334-6112-572-64.33 (General Construction FundlReplace Playground Equipment). 6. Bid award to various vendors for the purchase of chemicals and fertilizers via Co-op Bid #2005-32 for a total estimated annual cost of $134,000.00. Funding is available from 001-4131-572-52.26 (General Fund/Gardening Supplies), 445-4714-572-52.26 (Delray Beach Municipal Golf Course Fund/Gardening Supplies), and 446- 4714-572-52.26 (Lakeview Golf Course Fund/Gardening Supplies). - 8 - 10/11105 7. Bid award to multiple vendors for the purchase of gasoline and diesel fuel via the Palm Beach County Co-op Bid #05154 at an estimated annual cost of $1,370,570.00. Funding is available from 445-4714-572-52.11 (Delray Beach Municipal Golf Course Fund/FueVOil Other), 446-4714-572-52.11 (Lakeview Golf Course Fund/FueVOil Other), 501-3311-591-52.51 (Central Garage Fund/Inventory/Fuel) and 441-5122-536-52.11 (Water/Sewer Fund/FueVOill Other); and 001-2111-521-52.10, 001-2113-521- 52.10, 001-2115-521-52.10, 001-2117-521-52.10, 001-2119-521- 52.10, and 001-2121-521-52.10 (General Fund/ Police Department/Inventory/Fuel). 8. Purchase award to Southern Sewer Equipment Sales in the amount of $223,518.00 via the Florida Department of Transportation Contract #P0384 for the purchase of one (I) Vac-Con Sewer Cleaning Truck for the Environmental Services Department. Funding is available from 448-5461-538-64.25 (Storm Water Utility FundlHeavy Equipment) and 442-5178-536-64.25 (Water/Sewer Renewal and Replacement FundlHeavy Equipment). 9. Purchase award to PVS Technologies, Inc. in the amount of $133,900.00 for ferric chloride for use in the Water Treatment Plant. Funding is available from 441-5122-536-52.21 (W ater/Sewer Fund/Chemicals). Mr. Levinson stated there was a significant article in the newspaper about why we have not been able to keep the cost of government commensurate with the increasing number of bodies and inflation. He stated Item 8.R.7. (Award of Bids and Contracts) that the City's fuel bill for gasoline and diesel fuel this year by itself is $1,370,570.00. The City Manager stated when the City of Delray Beach awarded the bid in 2004 the estimated annual usage was $546,000.00. Mr. Levinson commented the fuel cost to Ihe City has almost tripled in one year. Mrs. Ellis stated every business in this city that has people on the road is experiencing the same impact. Mr. Levinson moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:08 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. -9- 10/11105 10. 10.A. ORDINANCE NO. 32-05 (SECOND READING/SECOND PUBLIC HEARING): City initiated rezoning from County - AR (Agricultural Residential) to City R-I-A (Single Family Residential) for Country Club Acres, located on the easl side of Military Trail, south of West Atlantic Avenue. (Quasi-Judicial Hearing) PUBLIC HEARINGS: The caption of Ordinance No. 32-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ESTABLISHING INITIAL ZONING OF R-I-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, EAST OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRffiED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 32-05 is on file in the City Clerk's Office. ) Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Mayor Perlman asked the Commission to disclose their ex parte communications. No ex parte communications were disclosed. CarolaIUle Kucmerowski, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Ron Hoggard, Senior PlaIUler, entered the Planning and Zoning Department project file #2005-192 & #2005-193 into the record. Ron Hoggard, Senior PlaIUler, stated Country Club Acres subdivision consists of an 18.16 acre subdivision located on the east side of Military Trail south of Atlantic Avenue. Mr. Hoggard stated there are ninety-five (95) parcels with eighty-one (81) single family residential homes and fourteen (14) vacant lots. This property was aIUlexed earlier this year with the effective date being May 3,2005. This was also part of a Future Land Use Map Amendment (FLUM) as part of Comprehensive Plan Amendment 2005-1. At its meeting of May 23, 2005, the PlaIUling and Zoning Board held a public hearing in conjunction with the FLUM amendment and rezoning request. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 - 10 - 10/11/05 (Kincaide, Morris and Zacks absent) to recommend approval of the FLUM Amendment and Rezoning request by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section 2.4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. Staff recommends approval. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of this ordinance, to please come forward at this time. There being no one who wished to address the Commission regarding Ordinance No. 32-05, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 32-05 on Second Reading/Second Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:12 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda items from the City Manager and the Public. 11.A. City Manal!er's response to prior public comments and inquiries. With regard to a previous inquiry regarding Lowson Boulevard and the traffic calming that has been done there, the City Manager stated Lowson Boulevard is classified as a collector road and collector roads are by definition are roads that provide a less highly developed level of service at a lower speed compared with arterial roads for shorter distances by collecting traffic from local roads and protecting them with arterials. The posted speed limit on Lowson Boulevard is 30 mph. Staff collected traffic speed data both before and after the traffic calming. Before the traffic calming, the 85th percentile speed was above 35 mph which is one of the things that qualified it for traffic calming. After traffic calming, data indicates that speeds have been reduced between 30- 35 mph. With regard to the block where Mr. Rudolph lives, between the 3200-3300 block speeds are reduced from the 37/38 mph range to 32/35 mph. The City Manager stated volumes in the same block were also reduced before the traffic calming and were running between 2,200 and 2,900 vehicles per day. Now there are approximately 2,000 and 2,600 vehicles per day. The City Manager stated from the City's perspective, the purpose of traffic calming has been achieved. I1.B. From the Public. 11.B.1. Deborah Bennett. 137 Seabreeze Avenue. Delrav Beach. asked if she can speak on Item 9.A.I. (Regular Agenda) and Mayor Perlman informed her that this is only for non-agenda items. I1.B.2. Gerry Franciosa. 939 Eve Street. Delrav Beach. stated in August 2005 he wrote a letter to the City Manager requesting that Progressive Residents of Delray - 11 - 10/11/05 (PROD) make a presentation regarding Election Reform in Delray Beach. Mr. Franciosa stated the City Manager wrote PROD back and said that the presentation would not be appropriate before this Commission. Subsequently, PROD followed up with another letter to the City Manager asking that this proposal be reconsidered. At this point, the time being 7: 17 p.m., the Commission moved to Item 9.A.1. of the Regular Agenda. 9. REGULAR AGENDA: 9.A.1. REOUEST FOR MEDIATION/PUBLIC MEETING RULES: Consider a request for mediation per Florida Statutes 16.60 regarding a public access dispute. The City Attorney stated she received a letter from Pat Gleason, General Counsel, indicating that a citizen of the City of Delray Beach had requested a mediation process under Florida Statute 16.60 and this is before the City Commission for consideration. The City Attorney stated it is voluntary and non-binding on the City. Mayor Perlman stated there are some people in the public who have requested an opportunity to speak on this item. As per the rules, he asked if the Commission would like to hear from these people. It was the consensus of the Commission to hear from the following individuals: Deborah Bennett, 137 Seabreeze Avenue, Delray Beach, stated the Florida Statute does refer to the mediation for public documents; however, the use has been expanded because the Attorney General's web site refers to it as "open government mediation". Mrs. Bennett stated the Attorney General as well as the Florida First Amendment Foundation has deemed the matter a public's right to speak on regular and consent agenda items a matter suitable for mediation. Mrs. Bennett stated the Florida Supreme Court has specified "boards and commissions should not be allowed to deprive the public of this inalienable right to be present and be heard at all deliberations wherein decisions affecting the public are being made." Gerald Franciosa, 939 Eve Street, Delray Beach, stated there has to be open government and people have to have the right to speak regardless of whether the Commission believes it or not. He stated limiting people on public speaking on non- agenda items is difficult because once the agenda item is approved and it goes to another Commission meeting and someone decides to speak about it is already done. He stated the Commission should always keep the decision up to them as to whether they want people to speak or not but at least give people the opportunity. Mr. Franciosa stated the Rules for Public Participation say "Any person may address the Commission regarding agendaed or non-agendaed items at the appropriate time during a meeting." Mr. Franciosa stated he was informed by the City Attorney that those were items which were not agendaed items but are those items that are agendaed items "as public hearings". He stated in his opinion, an agendaed item is anything on the regular agenda. Mr. Franciosa - 12 - 10/11/05 suggested that either the verbiage in the Rules for Public Participation (I.C.) be amended, or that the Commission give people the right to request in advance to speak on an item and then the Commission can decide whether someone can speak or not. Fred Fetzer, 932 Evergreen Drive, Delray Beach, spoke in opposition of the mediation request per Florida Statutes regarding the public access dispute. Mr. Fetzer stated he believes the residents have complete access to the Commission meetings. He feels this is representative government and that the City Commission is doing a fine job. Connor Lynch, 315 N. Palmway, Lake Worth, spoke in opposition of the mediation request and stated the current process has worked considerably well in the past and this is demonstrated by the progress and development that the City had made during which time there were little to no complaints from the public in regards to the lack of opportunity to present their opinion and be heard. Bill Wood, 3777 N.W. 8th Street, Delray Beach (President of the Chamber of Commerce), stated Delray Beach is very proud ofthe way it has included its citizens in almost everything they do. Mr. Wood stated in his opinion Delray Beach has held more Charettes and visioning processes than any other city in the State of Florida. He stated the rules have worked up to now, however, if they wish to change these rules and allow something he feels this is up to the Commission to do that and does not feel this is something that needs to go to mediation with the Attorney General's office. Dr. Jay Alperin, 3130 Lowson Boulevard, Delray Beach, stated rules were established to make the meetings run efficiently and so that everyone had a fair chance and would be heard. He stated in his opinion this is not about public access and the ability for the public to get to the Commission but instead it is politics. Dr. Alperin stated this is an example of a couple of political failures who are not willing to run again so that they can make these changes and are willing to damage the City in order to get their way. Dr. Alperin urged the Commission to not support this request. Jayne King, 3400 Place Valencay, Delray Beach, stated she remembers being before the Commission when the new Charter School was being discussed and people were here from the NAACP and they wanted to speak and was turned away because it was an agenda item and they were not able to talk. Ms. King stated she has seen people from the Haitian community and the minority community who wanted to speak on something regarding Carver Square and were turned away because it was an agenda item. Ms. McCarthy reiterated the fact that when people were not allowed to speak on a regular agenda item in front of this Commission it would have happened because they did not follow the policy. For the record, Ms. McCarthy stated people who communicated with people to make their appearance about issues that were going to impact them are very familiar with the rules of pubic participation. She stated these individuals should have shared with the people that all they had to do was contact City Hall and make the request to speak on any regular agenda item or to call any elected - 13- 10/11/05 official to make certain that they would bring the issue forward. When this step was not taken, this left these people vulnerable so that they felt disgruntled and felt that they were rejected. She stated these policies have not changed with regard to speaking from regular agenda items on this Commission since she has been here (March 2000). Cary Glickstein, 277 S.E. 5th Avenue, Delray Beach, concurred with Dr. Alperin's comments with regard to the political motivation of this issue. He urged the Commission to not support this request. David Schmidt, 2160 Northridge Road, Delray Beach, strongly urged the Commission to not change their rules in response to this request. Mr. Schmidt stated this Commission has done an excellent job. There being no one else from the public who wished to give testimony on this item, the public hearing was closed. Prior to the vote, Mr. Levinson stated he spent several hours today on City business with people who called and wanted meetings on upcoming agenda items. Mrs. Ellis stated anyone who has tried to contact her has found her and she has tried her best to live up to the standards that were set by the Commission the last 20 years. She stated accessibility is what the Commission strives to do for the community. Mayor Perlman stated the Commission is responsive, accessible, and visible in this community to the detriments of their families, their businesses and sometimes their health. He stated this is what the Commission has prided themselves in being. Mayor Perlman stated the Commission is constantly answering emails, visiting homeowner's associations, and attending community evenls. Mayor Perlman stated there is not a resident in the city who is coming to this meeting with a ligament issue before this Commission that has been sent home without getting the attention and the time of having staff sitting with them in Ihe backrooms and having interpreters come in to help them understand what is happening here if they do not speak the language. He strongly opposes supporting the mediation. Mr. Levinson moved to approve the mediation regarding public meeting rules, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - No; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman- No. Said motion was DENIED with a 5 to 0 vote. 9.A. AGREEMENTS/EAGLE'S NEST PROGRAM: Consider approval of the Interlocal and Multiple Party Agreement, to include a Construction Agreement, between the City and the Community Redevelopment Agency (CRA), Chamber of Commerce, and School Board of Palm Beach County for the Eagle's Nest Program at the Atlantic High School Career Academy. - 14 - 10/11/05 The City Attorney stated the Agreements include the Eagle's Nest Interlocal Agreement, the Multiple Party Agreement and the Construction Agreement that is part of the Eagle's Nest Program. This is a partnership between the Palm Beach County School District, the Community Redevelopment Agency (CRA), the Chamber of Commerce, and the City of Delray Beach. Mr. Levinson stated Mr. Jerry Crocilla, Vocational Specialist for Career Development, who ran the career academy for the entire district is now going to be full time at Atlantic High School running the career academies. Jerry Crocilla, Vocational Specialist for Career Development, recognized Dr. Kathy Weigel, Principal of Atlantic High School, John Southern, and Paul Mieszczenski. Paul Mieszczenski, Atlantic High School, stated he has been a teacher at Atlantic High School for 35 years and commented that this is a win/win situation for both the sludent and the community. Reggie Jackson, student speaking on behalf of the Atlantic High School Construction Academy, briefly discussed the building of a new home on N.W. 12th Avenue in Delray Beach (3 bedrooms, 2 bathrooms, and 1 car garage). Dylan Tidwell, student, stated Eagle Nest started out as a competition and brainstorm of multiple plans that were available. They all basically had the same design due to the lot and noted the interior layouts were all different. They held a meeting and verified that theirs was Ihe most buildable by the architects. The drafting students combined and put their efforts towards the design along with David Porter (professional architect). Peter Grillo (student), stated their design was chosen because it was the most appealing and within budget. He stated the home is very welcoming with open rooms and he briefly explained the elevations. He stated they had a 50 foot lot with 7 Y, foot setbacks allowing them to only make the house 35 feet wide and thus the reason for the house being so narrow. Michael Dent, student, briefly explained the construction portion of the project. Joe Polissaint (student), stated they are excited about getting started to build this home which will be located on N.W. 12th Avenue. Jerry Crocilla, stated the program is more than just construction and a house but it is also about functional life work living skills. Dr. Kathy Weigel, Principal of Atlantic High School, stated the Commission realized their dream when Ihey decided to work with the School Board to give them the high school they now have. Dr. Weigel expressed her appreciation and thanked the Commission for their continued support. - 15 - 10/ ll/05 Mr. Crocilla stated he was a classroom instructor for 27 years and worked with a group called "Project Lake Worth" and looked to the City of Delray Beach because they are dedicated and organized towards education. He stated they sold the house in Lake Worth and the profits went back into the program. Mr. Crocilla stated if they become self sufficient he feels they will be a three time All-America City. The City Attorney clarified that the Community Redevelopment Agency (CRA) is giving the loan, the City of Delray Beach is giving the lot, and the Chamber of Commerce is going to accept some donations through their ratification foundation and this will be affordable workforce housing which is a City goal. Lula Butler, Director of Community Improvement, stated staff is very excited about this project and the first meeting included the building staff, and City staff put together a team with the Planning Director, the Building Official, and City Horticulturist to talk about land use. Mrs. Butler slaled they would like to start a groundbreaking ceremony hopefully sometime between the middle of November through the first week in December. Mr. Levinson stated the students have designed a house and as part of their school day will work on building the house and will be working with various trades who either for payor for volunteer provide assistance with their skilled worked people (i.e. electrician, mason, etc.). He stated they will not only have the classroom experience but will also have on the job training and will learn how to measure, do fractions, read, and things that you have to do in order to build a house. Mr. Levinson stated a family will be the recipient of this house. Mr. Levinson moved to approve the lnterlocal and Multiple Party Agreement to include a Construction Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA), Chamber of Commerce, and the School Board of Palm Beach County for the Eagle's Nest Program at the Atlantic High School Career Academy, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 9.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/SUBWAY REAL ESTATE CORP.: Consider an appeal of the Site Plan Review and Appearance Board's denial of the Subway Sign, located at 660 Linton Boulevard. (Quasi-Judicial Hearing) Mayor Perlman asked the Commission to disclose their ex parte communications. Ms. McCarthy and Mrs. Ellis had no ex parte communications to disclose. Mayor Perlman stated he had a brief conversation with Jason Mankoff. Mrs. Archer stated she had a conversation with Jason Mankoff and Michael Weiner. Mr. Levinson stated he had a conversation with Jason Mankoff and Michael Weiner. Lula Butler, Director of Community Improvement, stated the item before the Commission is consideration of an appeal of the decision of the Site Plan Review and - 16 - 10/11/05 Appearance Board (SPRAB), pursuant to Section 2.4.7(E) of the Land Development Regulations for an exception to the master sign program established for the Linton Plaza Shopping Center for "Subway." The master sign criteria for the shopping center was established by SPRAB in August 1991 and amended in May 2004 to include changes to the two free-standing signs. These identification signs for the plaza required tenant panels to have white copy on a teal green background and excluded the use of corporate colors and logos. On August 24, 2005, the agent representing "Subway" requested consideration of an exception to the approved master sign criteria to allow the use of its corporate colors on the free-standing plaza identification sign. The business sign proposed would be white and yellow on a corporate green oval, placed on a teal colored panel. The Board denied the request with a 6 to 0 vote. Staff recommends that the Commission support the SPRAB's position on this. Jason Mankoff, Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach, representing the applicant, stated the applicant had previously appealed to Commission SPRAB's decision that also had to do with the wall signs. They are following the colors of the signage in the plaza. He stated the subway signage is blocked and not visible going east from a canopy and west it is a very shady and landscaped center. They were unsuccessful getting Ihe corporate colors there; however, they are not appealing this. Mr. Mankoff briefly reviewed the City's sign code. Mr. Mankoff stated Subway is one of the top two or three franchises in the world and the applicant has spent a tremendous amount of money trying to improve their logo and to have visibility. Mr. Mankoff stated when people spot the corporate colors it is safer for traffic. Mayor Perlman asked if anyone from the public would like to speak in favor or in opposition of this item, to please come forward at this time. There being no one who wished to address the Commission regarding the appeal, the public hearing was closed. Mrs. Ellis inquired about the position of the landlord. Mr. Mankoff stated the applicant has authorization from the landlord and additionally the lease was negotiated to allow the tenant the opportunity to come to the City and get its special corporate colors. Mrs. Ellis asked how long this parcel was vacant prior to Subway going in. Mr. Mankoff stated to the best of his knowledge this parcel has been vacant for approximately two years. The City Attorney distributed an outline of a Board Order for the Commission to consider. The City Attorney briefly reviewed the Board Order and each finding with the Commission. Mr. Levinson moved to approve the Board Order as modified, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson ~ Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.C. WAIVER REOUEST/209 PALM TRAIL: Consider a waiver request to waive Land Development Regulations, Section 7.9.8, "Finger Piers; Standards for - 17 - 10/11/05 Approval", and Section 7.9.7, "Dolphins; Standards for Approval", to allow a dock to extend 48 feet from the seawall at 209 Palm Trail, pursuant to Section 7.9.4(A), "Modification of Standards for Approval; Appeals". (Quasi-Judicial Hearing) Mayor Perlman asked the Commission to disclose their ex parte communications. No ex parte communications were disclosed. Lula Butler, Director of Community hnprovement, stated this item is consideration of approval of a modification to the LDR Section 7.9.8 Governing Finger Piers and Section 7.9.7 Governing Dolphins pursuant to Section 7.9.4(A). Eccelstone Signature Homes, owner of the property at 209 Palm Trail, is requesting a waiver from the City Commission which would provide for a 7-foot waiver to the docks to allow them to extend from the seawall a maximum of25 feet. Mayor Perlman stated if anyone would like to speak in favor or in opposition of the waiver requesl, to please come forward at this time. There being no one from the public who wished to speak in favor or in opposition of Ihe waiver request, the public hearing was closed. Mr. Levinson moved to approve the waiver request to Section 7.9.4(A) of the LDR's standards, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer- Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.D. REOUEST FOR IN-LIEU PARKING SPACESIROCKY'S RESTAURANT: Consider a request from Rocky's Restaurant for the purchase of three (3) in-lieu parking spaces in the amount of $36,000.00. Rocky's Restaurant is located at 20 S.E. 5th Avenue (Southbound Federal Highway). (Quasi-Judicial Hearing) Carolanne Kucmerowski, Acting City Clerk, swore in those individuals who wished to testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. Mr. Levinson stated approximately six months ago he spoke to the owner of Rocky's Restaurant. Mayor Perlman, Mrs. Archer, Mrs. Ellis, and Ms. McCarthy, had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated Rocky's Restaurant has submitted a Class III site plan modification to enlarge their existing restaurant by 1,094 square feet expanding into the former Haitian Art Gallery. LDR Section 4.4.13(G)(l) requires that the parking be provided by calculating the difference between one (1) space per 300 square feet and six (6) spaces per 1,000 square feet. This proposed conversion requires the provision of three (3) spaces (2.91 rounded up to 3). Mr. Aronson stated Rocky's does not have the ability to provide any of those parking spaces on-site and is requesting to pay in-lieu for those spaces at $12,000 per space for a total of $36,000 to be paid at the time of issuance of a building permit. The restaurant is adjacent to the Old City lot, with 70 public parking spaces, and across the street from the Village - 18 - 10/11/05 Lot containing 43 public parking spaces. At its meeting of September 27, 2005, the Parking Management Advisory Board (pMAB) recommended approval of the applicant's request. At its meeting of September 28, 2005, the Site Plan Review and Appearance Board (SPRAB) approved the applicant's site plan modification with the condition that the applicant's in-lieu request is granted by the City Commission. Mr. Aronson stated Rocky was in this process more than a year ago and Rocky was not able to get information back to the City in a timely fashion and their previous submittal was closed. Therefore, he had to come through the process again and thus the reason for this being done a year later. Mrs. Archer moved to approve the request from Rocky's Restaurant for the purchase of three (3) in-lieu parking spaces by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3) of the Land Development Regulations, seconded by Mrs. Ellis. Upon roll call Ihe Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.E. REVISED AGREEMENT/MATCH POINT. INC.: Consider approval of a revised agreement between the City and Match Point, Inc. regarding an annual professional tennis event sanctioned by the ATP, Tour, Inc. to be held at the Tennis Center. Brian Shutt, Assistant City Attorney, stated there is a change to his memorandum and noted some changes. He stated the City will have to sell three Emerald and three Diamond Sponsorships. There is also a change to the player appearance fees where Match Point has agreed to consult with the City to try and come up with the most beneficial players that will appear in the tournament. Mr. Levinson stated the Diamond and Emerald sponsorships may change from year to year and asked if there is any provision to this on the number of sponsorships per year. He suggested thai a provision be put in the agreement to say that the amount will be reviewed annually. Mark Baron, President of Match Point, Inc., stated he and City staff discussed the players, appearance fees, etc. The City Attorney suggested adding language to the agreement that the City can adjust the price each year for the sponsorships. Mr. Baron stated when they get players they look to get 3, 4, or 5 players depending on the dollar value of that player. - 19 - 10/11/05 Brief discussion between Mr. Baron, staff, and the Commission followed. Mrs. Archer moved to approve the revised agreement between the City of Delray Beach and Match Point, Inc., seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson ~ Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.F. AGREEMENT/HORSE DRAWN CARRIAGES, INC.: Consider approval of an agreement between the City and Horse Drawn Carriages, Inc. to provide horse and carriage rides along Atlantic Avenue as specified from November 1, 2005 through April 30, 2006. Robert A. Barcinski, Assistant City Manager, stated this is a proposed agreement with Horse Drawn Carriages, Inc. which would provide horse carriage rides for the dates specified. The route would be along Atlantic A venue with pick up and drop off points at the Marriott Atlantic Avenue entrance to NE 1st Avenue at the tree from 5:30 p.m. to 11:00 p.m. Wednesday through Saturday from November 1, 2005 through November 25, 2005 and daily from November 26, 2005 through April 30, 2006. Ten percent of the gross revenue received would be donated to the Joint Venture 10 offset cash costs for putting up the holiday tree. Prior to the vote, Mrs. Archer stated she is opposed to having the horses go through the heat and warmer periods of the year and normally she would prefer to only have this happen on the holiday not for the extended period of time because of heat involved; however, since the date has been modified to go to April 2, 2006 then she can support at this time. Mrs. Ellis moved to approve the agreement between the City of Delray Beach and Horse Drawn Carriages, Inc. for a period of time from November 1, 2005 through April 2, 2006 midnight, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Perlman - No; Mrs. Ellis - Yes. Said motion passed with a 4 to 1 vote, Mayor Perlman dissenting. 9.G. WIFI SERVICES: Status report on WiFi Services for the Atlantic Avenue Business Community. The City Manager stated the Commission had seen a presentation from Global WiFi Plus, Inc. and the City Attorney's office has been negotiating with them on an agreement to provide service. Staffhas some concerns because the free service would be at 56k (56 thousand bits per second) and other cities in the County are going to be providing free service at much higher speeds. Staff has visited the City of Hollywood and tried the service being provided by JBE Technology, Inc. The Community Redevelopment Agency (CRA) is receptive to the idea of paying capital costs with the City covering the $300 per month cost. Therefore, staff would like to proceed in that direction rather than going with Global WiFi Plus, Inc. - 20- 10/11/05 It was the consensus of the Commission to allow JBE Technology, Inc. to give a presentation regarding WiFi Services for the Atlantic Avenue Business Community at the Workshop Meeting of October 18, 2005. 9.H. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.1. FACILITY NAMING/FIRE-RESCUE TRAINING CENTER: Consider a request to name the recently acquired Train Depot, located at 80 Depot Avenue, as "The Peter L. Firehock Public Safety Training Center", to recognize Paramedic Peter L. Firehock. Kerry Koen, Fire Chief, stated this is a proposal for the Commission to consider naming the Train Depot after former Paramedic Peter L. Firehock. Chief Koen stated Peter believed that training was a responsibility of every public safety professional and he lived by a standard that all public safety personnel should strive for: "... Train more, do more, prepare more". Mayor Perlman strongly supports memorializing Peter Firehock; however, expressed concern over this particular location. Mayor Perlman stated he would like to do something that is going to be there forever. The City Manager stated there are people interested in buying the train depot and commented that the city will need a fire training facility somewhere. He suggested that ifthe facility is moved then the name should stay with the facility. The City Manager suggested that a resolution be done for this. It was the unanimous consensus of the Commission to support renaming the training facility with the caveat knowing that it could move but that wherever the facility is that it be forever memorialized with Peter L. Firehock. 9.J. SPECIAL EVENT REOUEST/ART & JAZZ ON THE AVENUE: Consider approval and endorsement of Art & Jazz on the Avenue scheduled for December 8, 2005 from 6:00 p.m. to 10:00 p.m.; granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton Avenue to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, and N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street (street closure will be from 3:00 p.m. to approximately midnight); and authorize staff support for security and traffic control, banner hanging/removal, barricade set-up/removal, trash removal, clean up assistance, and use/set up of City Stages. Robert A. Barcinski, Assistant City Manager, stated this item is a request for the Commission to endorse the next Art & Jazz on the Avenue scheduled for December 8, 2005 from 6:00 p.m. to 10:00 p.m. and grant the temporary use permit for the street closures and staff support as requested. The estimated overtime cost for this event is $6,800. Barricade rental charges are estimated at $300 for private rental. Per the new event policies Joint Venture will be required to pay 20% of charges over $1,000 plus - 21 - 10/11/05 cost of private barricade rental. The estimated total charge would be $1,460. The event is sponsored by the Sun-Sentinel. Mayor Perlman stepped down from the dais and passed the gavel to Vice Mayor Levinson. Prior to the vote, Mr. Levinson stated he is strongly opposed to supporting the motion because he does not believe the City of Delray Beach should have a media sponsor that fails to appropriately cover our city. Mrs. Ellis moved to approve the special event request for Art & Jazz on the Avenue to be held on December 8, 2005 from 6:00 p.m. to 10:00 p.m., seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Vice Mayor Levinson - No; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 3 to 1 vote, Vice Mayor Levinson dissenting. 9.K. SPECIAL EVENT REOUESTIHOLIDAY TREE LIGHTING: Consider approval and endorsement of the Annual Holiday Tree Lighting to be held on the grounds of Old School Square on November 26, 2005 from approximately 6:00 p.m. to 9:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for use and closure of Atlantic Avenue from Swinton Avenue to N.E./S.E. 2nd Avenue, SE 1st Avenue from Atlantic Avenue to the alley and NE 1st Avenue from Atlantic Avenue to the alley from approximately 4:00 p.m. to II :00 p.m., staff assistance for traffic control and security, EMS assistance, barricade set-up/removal, trash removal/clean up, set up/use of the large stage and City generator. At this point, Mayor Perlman was still away from the dais. Robert A. Barcinski, Assistant City Manager, stated this is a request for Commission to endorse the Annual Holiday Tree Lighting event to be held at Old School Square on November 26, 2005 from approximately 6:00 p.m. until 9:00 p.m. and to approve a temporary use permit for the closure of Atlantic Avenue from Swinton Avenue to S.E. 2nd A venue. Commission is also requested to approve staff assistance for security and traffic control, site clean up and trash removal, barricading, and EMS assistance. Mr. Barcinski stated this is a City sponsored event with the assistance provided by the Joint Venture for programming, promotion, and marketing. The event is sponsored by the Sun-Sentinel. Prior to the vote, Mr. Levinson stated he is strongly opposed to supporting the motion because he does not believe the City of Delray Beach should have a media sponsor that fails to appropriately cover our city. Mrs. Ellis moved to approve the special event request for the Annual Holiday Tree Lighting event at Old School Square on November 26, 2005 from approximately 6:00 p.m. until 9:00 p.m., seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - No. Said motion passed with a 3 to 1 vote, Vice Mayor Levinson dissenting. - 22- 10/11105 9.L. AGREEMENT/RCC CONSULTANTS. INC.: Consider approval ofan agreement between the City and RCC Consultants, Inc. in the amount of $162,960.00, plus travel, lodging, or other applicable out-of-pocket expenses regarding the rebanding of the 800 MHz System as mandated by the Federal Communications Commission (FCC) due to interference from Nextel in the 800 MHz range. It is expected that the City will recoup the fees from Nextel. At this point, Mayor Perlman returned to the dais. Brian Shutt, Assistant City Attorney, stated this agreement is with RCC Consultants, Inc. and concerns the rebanding that will need to take place because of the conversion due to the interference from Nextel in the 800 MHz range. RCC shall perform services listed in the attached statement of work through paragraph 4.7, which shall basically encompass obtaining an inventory and baseline of the current system and the development of a rebanding plan as well as an estimate of the costs of the 800 MHz rebanding effort in order to submit to Nextel. It is expected that the city will recoup these fees from Nextel. Ms. McCarthy inquired as to who uses Nextel. The City Manager stated the Police Department and the Building Department uses Nextel services. Mr. Levinson stated Boca Raton and Boynton Beach share the same hub as Delray Beach and asked if Boca Raton and Boynton Beach are entering into an agreement. He feels the City of Delray Beach should not be doing this without having some consultation with these two partners. Mr. Shutt stated he spoke to Captain Davis and believes that RCC is in discussions with Boca Raton and Boynton Beach as far as getting to the point where Delray Beach is at now. Mrs. Archer moved to table, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes. Said motion to TABLE passed with a 5 to 0 vote. 9.M. RESOLUTION NO. 83-05: Consider approval of Resolution No. 83-05 and Cable Franchise Transfer Agreement authorizing the transfer of the cable franchise from Adelphia to Comcast. The caption of Resolution No. 83-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, APPROVING THE SALE AND ASSIGNMENT OF THE NATIONAL CABLE ACQUISITION ASSOCIATES, L.P. AND ADELPHIA CABLE PARTNERS, L.P. ("ADELPHIA") CABLE TELEVISION FRANCHISES ("FRANCHISES"), TO CABLE HOLDCO EXCHANGE II, LLC ("CABLE - 23 - 10/11/05 HOLDCO II"), A SUBSIDIARY OF TIME WARNER NY CABLE LLC ("TWNY") AND THE TRANSFER OF CONTROL OF CABLE HOLDCO II FROM TIME WARNER CABLE INC. ("TWC") TO PARNASSOS, L.P. ("PARNASSOS"), A SUBSIDIARY OF COMCAST CORPORATION ("COMCAST"); OR, IN THE ALTERNATNE DENYING THE CITY'S APPROVAL OF THE TRANSACTIONS DUE TO PROPOSED TRANSFEREE'S FAILURE TO COMPLY WITH CERTAIN CONDITIONS PRECEDENT. (The official copy of Resolution No. 83-05 is on file in the City Clerk's Office. ) Ila Feld, Attorney with Lebowitz and Associates, stated this is a resolution for the transfer of the cable franchise with the City of Delray Beach from Adelphia Cable to Comcas!. Ms. Feld stated if this resolution is approved, she will send the agreement by certified mail tomorrow with a Notice of Adoption of Resolution. Mr. Levinson moved to approve Resolution No. 83-05 and Franchise Transfer Agreement, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis ~ Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.N. RESOLUTION NO. 74-05: Consider approval of Resolution No. 74-05 authorizing the City to purchase property generally located on N.E. 2nd Avenue, just North of East Atlantic A venue to provide land for a downtown park; and Contract for Sale and Purchase between the City and the Delray Beach Community Redevelopment Agency in the amount of $6,500,000.00. The caption of Resolution No. 74-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRA Y BEACH, FLORIDA; AND AN EFFECTIVE DATE. (The official copy of Resolution No. 74-05 is on file in the City Clerk's Office. ) - 24- 10/11/05 Mayor Perlman declared a Conflict of Interest and passed the gavel to Vice Mayor Levinson and left the dais. Mrs. Archer moved to approve Resolution No. 74-05, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. 9.0. SIXTH AMENDMENT/BLOCK 77 CONTRACT/COMMUNITY REDEVELOPMENT AGENCY (CRA): Consider approval of the Sixth Amendment to the Block 77 Contract between the Community Redevelopment Agency (CRA) and Block 77 Development Group, L.C. to preserve the City's right of reverter of its current parking, if the parking lot on Block 69 is not completed within twelve (12) months of the date of the permit; and allows the City the option to proceed against the surety for the completion of the garage. Mayor Perlman declared a Conflict of Interest and passed the gavel to Vice Mayor Levinson and stepped down from the dais. Ms. McCarthy moved to approve the Sixth Amendment to the Block 77 Contract between the Community Redevelopment Agency (CRA) and Block 77 Development Group, L.C., seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.P. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.1. 2:Q, OFFER OF JUDGMENT IN PETERS v. CITY OF DELRAY BEACH: Consider making an Offer of Judgment in the amount of $7,501.00 in Peters v. City of Delray Beach. Ms. McCarthy stepped away from the dais. Mrs. Archer moved to approve the Offer of Judgment in the amount of $7,501.00 in Peters v. City of Delray Beach, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.R. SETTLEMENT OFFER IN JUDKINS v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the amount of $40,000.00 in Judkins v. City of Delray Beach. Staff recommendation is acceptance. At this point, Ms. McCarthy was still away from the dais. - 25- 10/11/05 Mrs. Archer moved to approve the Settlement Offer in the amount of $40,000.00 in Judkins v. City of Delray Beach, seconded by Mr. Levinson. Upon roll call the Commission voted as follows; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.S. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (I) alternate member to the Civil Service Board for an unexpired term ending July 1, 2006. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). At this point, Ms. McCarthy returned to the dais. Mayor Perlman stated he would like to defer his appointment to the next regular meeting of October 25, 2005. 9.T. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint one (1) regular member to the Site Plan Review and Appearance Board for an unexpired term ending August 31, 2006. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Ms. McCarthy moved to appoint Mark Gregory as a regular member to the Site Plan Review and Appearance Board for an unexpired term ending August 31, 2006, seconded by Mr. Levinson. Upon roll call the Commission voted as follows; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman- Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 9:30 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 73-05: An ordinance amending Chapter 32, "Departments, Boards, and Commissions", by enacting Sections 32.60 et seq creating a Police Advisory Board. If passed, a public hearing will be scheduled for October 25, 2005. The caption for Ordinance No. 73-05 is as follows; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", BY ENACTING A NEW SUBHEADING ENTITLED "CITY OF DELRA Y BEACH-POLICE ADVISORY BOARD" AND ENACTING SECTIONS 32.60 ET SEQ, CREATING A POLICE ADVISORY BOARD; PROVIDING FOR THE ESTABLISHMENT; PURPOSE; COMPOSITION; APPOINTMENT; QUALIFICATIONS OF MEMBERS; - 26- 10/11/05 DUTIES AND RESPONSIBILITIES; AND MEETINGS OF THE POLICE ADVISORY BOARD; PROVIDING A SAVING CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 73-05 is on file in the City Clerk's Office. ) The City Attorney read the caption ofthe ordinance. Mr. Levinson moved to approve Ordinance No. 73-05 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. B.A. COMMENTS AND INOUlRIES ON NON-AGENDA ITEMS. City Manal!er The City Manager stated the Neighborhood Advisory Council has been added to the Courtesy Notice Mailing List that the Planning and Zoning Department uses. With regard to a concern expressed about newsracks during hurricanes, the City Manager stated the current City ordinance on newsracks requires that they weigh a minimum of 125 pounds to avoid becoming a hazard in severe weather. Also, the City Manager stated modular newsracks must be secured to a concrete pad. He stated the Code of Ordinances Section 102.43(K) requires that newsracks be "secured to the ground or placed in such a manner that the newsrack is parallel to the ground" in the event of a hurricane warning. During hurricane preparation, Code Enforcement staff will inspect newsrack locations to insure compliance. The City plans to resume opening the Courthouse Garage on November 3rd (Thursday, Friday, and Saturday evenings) from 5:00 p.m. - 3:00 a.m. or until the last car leaves after 11 :00 p.m. The two combat challenge teams (one men's team and one women's team) from the Fire-Rescue Department will be leaving Friday to compete in the national competition in Atlanta this Saturday and Sunday. The woman's team is now ranked first in the US Southeast region. Both teams also qualified and will be participating in the World Competition to be held in Deerfield Beach the first week in November. - 27- 10/11/05 13.B. Citv Attornev The City Attorney had no comments or inquiries on non-agenda items. B.C. Citv Commission B.C. I. Mrs. Archer Mrs. Archer stated there is small section of the Woodlake subdivision where there are Australian Pines. She stated these trees are very tall and very close to the power line. Mrs. Archer suggested that since these trees are considered foreign species that they be removed prior to another storm. Secondly, she stated as you come east on Atlantic Avenue under the 1-95 overpass the median is an eyesore. Mrs. Archer stated the plant life is dead and there is a lot oftrash and asked that this area be cleaned up. 13.C.2. Mrs. Ellis Mrs. Ellis stated she had the opportunity to serve food with Commissioner Levinson at the Multi-Cultural Festival. She stated the festival was very enlightening, the attendance was good, and the food was good. 13.C.3. Ms. McCarthv Ms. McCarthy stated Gertrude Green who was a City activist and one of the originators of Frog Alley passed away. In addition, Ms. McCarthy stated Ms. Green was the original founder of the South Branch of the NAACP for the City of Delray Beach and was also a realtor. Secondly, Ms. McCarthy stated Ms. Wesley and Ms. Hill directed, produced, and wrote a play that was presented at the Old School Square venue this weekend. They use a multitude of citizens who volunteer in their plays and address issues through culture, art, and the plays. Ms. McCarthy thanked Ms. Wesley and Ms. Hill and stated it was very entertaining. 13.C.4. Mr. Levinson Mr. Levinson stated with regard to Mr. Franciosa's comments about making a presentation on Election Reform, Mr. Levinson stated it is now a moot point and he is not interested in this. The City Manager stated he answered Mr. Franciosa's letter and informed him that under the Commission rules that if three Commissioners ask to place the presentation on the agenda then staffwill do so. - 28 - 10/11/05 Mr. Levinson commented about an email he received today from Nancy Stewart who succeeded in getting the Garlic Festival on the Food Network. 13.C.5. Mavor Perlman Mayor Perlman thanked Carolanne Kucmerowski, Acting City Clerk for running a nice meeting. Secondly, he welcomed the new Assistant City Manager Doug Smith. Mayor Perlman commented about the email from Mae V olen which praised City staff and he is very excited about the partnership with Mae V olen. He stated he had the opportunity to speak to Lieutenant Crelin who has been stationed in the Gulf Coast for the last couple of months and suggested that the City of Delray Beach give him a hero's welcome. Mayor Perlman stated he spoke to Fred Glass regarding Johnny Pun's family and the school. They are well under way in trying to raise funds and awareness and Mayor Perlman suggested that a copy of the proclamation Johnny received in May 2003 be framed for his family and one for the school. He commented about the in-lieu parking fees and suggested looking at changing the fees in zones. Mayor Perlman stated the Commission represents all the residents in the community. He stated what Delray Beach has been about for the last 20-30 years is about breaking down racial, geographic, ethnic and religious barriers, and living as one community. Mayor Perlman stated he is not interested in hearing PROD's districting proposal presentation. He stated he does not see where it is more democratic to be able to vote for one Commission and a Mayor versus voting for all five. There being no further business, Mayor Perlman declared the meeting adjourned at 9:51 p.m. City Clerk ATTEST: MAYOR - 29- 10/llIOS The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on October 11, 2005, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 30- 10/11/05 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY. MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS lAST NAME-FIRST NAME-MIOOLE NAME Perlman, Jeffre L. MA!UNG ADDRESS 971 Delra Lakes Drive CllY COUNTY NAME OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR. COMMITTEE Delra Beach Cit Commission THE BOARD. COUNCIL, COMMISSION, AUTIiOR1TY OR CQUMlTTEE ON WHICH I'SERVE IS A UNIT OF: XI CITY OCOUNTY QOlliERl-ocAlAGENCY NAME Of POUTICAl SUGDMSION: City of Delray Beach DATE ON WHfCH VOTE OCCURRED 10/11/05 MY POSITION IS: IlII B.ECTIVE a APPOtNTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes_ Your responsibilities under the law when faced with voting, on a measure in which you have a conflict _of interest wtll vary greaUy depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the' instructions on this tonn before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local publiC office MUST ABSTAIN from' -vo~ng on a measure which inures to his or her special private gain or lass. Each elected or appointed local officer also ,is prohibited from knowingly voting on a- mea- . sum which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law. mother-in-law, socrin-law. and daughter-in4aw. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the offocer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not tisted on any national or regional stock exchange). " . . " " ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. " " " " " APPOINTED OFFICERS: Although you must abstaiq from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose "the nature of the conflict before making any attempt to influence the decision; whether orally Or In writing and whether maQe by you or at your direction_ IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WIt.lBE TAKEN: " You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side) ce FORM 88 . EFF. 1/2000 ITEM 9.N PAGEl APPOINTED OFFICERS (continued) A copy 01 the forin must be provided immediately to the other members of the agency. The fonn must be read pUblicly at the next meeting after thl' lonn is filed. IF YOU MAKE NO ATTEMPT TO INflUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conOid in the measure before participating. You must complete the form and file K wilhin15 days after the vole occurs with the person responsible for recording the minutes of the meeting, who must incorporate the fonn in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the fonn is filed. . DISCLOSURE OF LOCAL OFFICER'S INTEREST I, .Teffre.v L. Perlman , hereby disclose that on 10/11 ,20~: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to t.h8 special gain. or loss of my business associate. , . , -X. inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss 9f is the parent organization or subsidiary 01 a principal which has retained me. Di;m:l Colonn::J .by . Wl1ich (b) The measure before my agency and the nature of my conOictinginterest in the measure is as folloWs: Diane Colonna, my wife, is Director of the Community Redevelopme~t Agency (eRA). I have a conflict voting on items that directly affect ,the Communi~y Redevelopment Agency. 10/11/05 Date Flied NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317,A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAl OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A CIVIL PENAlTY NOT TO EXCEED $10,000. CEFORM88-EFF.1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY. MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME--MIODLE NAME NAME OF BOARD, COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE Perlman, Jeffrev L. Delrav Beach City Commission NAlUNG ADDRESS THE BOARD, COUNCtL. COMMISSION. AUTHORIlY OR COUMITTEE ON 971 DeIra" Lakes Drive WHICH I SERVE IS A UNIT OF: CITY COUNTY lOaTY a COUNTY a OTHER L-ocALAGENC( na'~~.. "" .... , " "~lm Rp~~h NAME OF POliTICAL SUBOMSlON: . City of DeIray Beach OATE ON WHICH VOTE OCCURRED MY-~IS:' 10/11/05 IIIl ElECTIVE a APPOIHTI\/E WHO MUST FILE FORM 88 This fonn is for use by any person serving at the county, city. or other local level of govemment on an appointed or elected board, council, commission. authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented witO a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict _ of interest will vary greaUy depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the - instructions on this fann before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county. municipal, or other local public office MUST ABSTAIN from: voting on a measure which inures to his or her special private gain or lass. Each elected-or appointed k>calofficer also is prohibited from knOwingly voting on a-mea-. . sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he Of she is retained); ta the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners_of community redevelopment-agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother. sister, father-in~aw, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not Usted on any national or regional stock exchange). " " " " " " " ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disdose the conflict: PRIOR TO THE VOTE BEING TAKEN by publidy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- . utes of the meeting, who should incorpo~te the form in.the minutes. " " " " APPOINTED OFFICERS: Although you nwst abstain from voting in the situations described above, you otherwise may participate In these matters. However, you must disclose .the nature of the conflict before making any attempt to influence the decision, whether orany or In writing and whether malje by you or at your direction. IF YOU INTEND 10 MAKE ANY AlTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You mUSl.complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 ITEM 9.0 PAGEl APPOINTED OFFICERS (continued) A copy of the foni1 must be provided imme<flately to the other members of the agency. The form must be read publicly at the next meeting after the fonn is filed. IF YOU MAKE NO ATTEMPT TO INFlUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file K within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting. who must incorporate the fOlm in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the fonn is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey L. Perlman , hereby disclose that on 10/11 ,20~: (a) A measure came or will come before my agency which (check one) Inured to my special private gain or loss; inured to th6 special gain or loss of my business asSOCiate, -X. Inured to the special gain or loss of my relative, Inured to the special gain or loss of whom I am retained; or Inured to the special gain or 10,"" of Is the parent organization or subsidiary of a principal which has retained me. Di::lna Colonn,q ,by ,which (b) The measure before my agency and the nature of my conflicting interest in the measure is as folloWs: D1ane Colonna, my w1fe, is Director ;f the Community Redevelopment Agency O(C~~. I have aO conflict voting on items that directly affect the Community Redevelopment Agency. 10/11/05 Date Filed o 0 0 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES !i112.317,A FAILURE TO MAKE ANY REQUIRED DISCl;.OSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALlY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 112000 PAGE 2 SPECIAL/WORKSHOP MEETING OCTOBER 18, 2005 A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Jon Levinson in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, October 18, 2005. Prior to commencement of the meeting, Vice-Mayor Levinson requested a moment of silence for Attorney Bob Federspiel who had been killed in an automobile accident. Mr. Federspiel was the attorney for the Community Redevelopment Agency (CRA), Sewer Board and Housing Authority, and had been working on the Community Land Trust (CLT). Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Vice-Mayor Jon Levinson Commissioner Alberta McCarthy Absent - Mayor Jeff Perhnan Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Janet K. Whipple, Deputy City Clerk Vice-Mayor Levinson called the meeting to order and announced that it had been called for the purpose of considering the following items: SPECIAL MEETING AGENDA 1. PURCHASE AWARD/NATIONAL WATERWORKS. INC.: Purchase award to National Waterworks, Inc. in the amount of $525,822.75 for the purchase of 6,210 feet of 24" pipe and 5,004 feet of 16" reclaimed water transmission main and fittings for Areas 2 and 3 of the reclaimed water transmission main system. Funding is available from 441-5181- 536-65.96 (Water/Sewer Fund/ Reclaimed Water Transmission System). Richard Hasko, Director of Environmental Services presented background information on this time sensitive issue. This purchase award to National Waterworks would include all of the materials needed for the next phase of the Reclaimed Water Extension Project. Presently, the lead time on materials has gone up as much as 60 to 90 days. The City received the Alternative Water Resource Grant for $500,000 with the stipulation the work must be completed by July or August of 2006. Ms. McCarthy moved to approve the purchase of materials for $525,822.75, seconded by Mrs. Ellis. Upon roll call, the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed 4 to O. 2. PURCHASE AWARD/USA LIFT. LLC: Purchase award to USA Lift, LLC in the amount of $20,950.00 for the purchase and installation of one (1) USA lift Model MI 34/10 insulated aerial device with bucket for the Public Works Department for street lighting maintenance as part of the Clean and Safe Program. Funding is available from 001-3142- 541-64.20 (General Fund/Automotive). Richard Hasko, Director of Environmental Services presented background information for the purchase and installation of an insulated aerial lift device. This bucket lift is an after market attachment, reaching 35 feet, has stabilizing feet and would be mounted on the back of a one ton pickup truck the City currendy owns. The rig will be utilized by the City's newest electrician who has been designated for street lighting maintenance as part of the Downtown Clean and Safe Program. This retro-fit is in lieu of purchasing a new rig which would cost the City approximately $70,000 to $80,000. Mr. Hasko recommended approval for the $20,950.00 purchase which includes installation. The rig could also be used as backup for tree trimming, maintenance of taller buildings, and banner installation. Mrs. Archer moved to approve the purchase award of $20,950.00 to USA lift, seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson- Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed 4 to O. 3. HIRING OF OUTSIDE LABOR/TRIAL COUNSELlN'GURUMO V CITY OF DELRAY BEACH: Consider approval of hiring outside Labor/Trial counsel, Leonard Carson and Lucy Turner of Carson and Adkins, for the n'Detenga n'Gurumo case. City Attorney Susan Ruby requested approval to retain outside Labor/Trial counsel, Leonard Carson and Lucy Adkins of Carson and Adkins, to act as outside labor and employment/trial counsel in the discrimination case of n'Detenga n 'Gummo v the City of De/ray Beach, at the rate of $125.00 per hour. Mrs. Archer moved to approve the appointment of Leonard Carson and Lucy Adkins as outside Labor/Trial counsel, seconded by Mrs. Ellis. Upon roll call, the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed 4 to O. Vice-Mayor Levinson adjourned the Special Meeting at 6:08 p.m. WORKSHOP AGENDA 1. Joint Meeting with the Board of Adjustment The Board of Adjustment members introduced themselves to the Commission and provided brief presentations on the function of the Board. Members present were: Harvey Starin, Vice-Chairperson; Sigurdur Hardester; Bryce Newell; lisa Shaheen; MeI Pollock, Chairperson; and, Bill Branning, Alternate. Discussion between the Commissioners and the Board of Adjustment members concerning related functions and issues followed. 2 October 18, 2005 2. Presentation of City Hall Floor Plan Revisions Mr. David Miller from David Miller and Associates, P.A., presented the revisions to the City Hall floor Plan. Discussion followed on alternatives of the floor plan concerning department relocations and reconfigurations. It was the consensus of the Commission to move forward with the proposal to first relocate the Information Technology (IT) Department to a new building which would be attached to City Hall, and then renovate the North Wing. This would allow the original IT location to be utilized by other departments while renovations were under way. 3. Presentation on WiFi Services for the Atlantic A venue Business Community Ernin Delsol from JBE Technology, Inc. provided a PowerPoint presentation on WiFi Services for the Atlantic A venue Business District. The system would include one (1) Base Station, two (2) Cell Stations, one (1) Linus Based Content Filtering Gateway/Firewall, two (2) Keep Alives, and one (1) Portal Server (welcome screen). The Turnkey cost would be $39,632.12 which would be paid by the Community Redevelopment Agency (CRA). Discussion followed concerning security issues, safety issues, illegal access and system operations. It was the consensus of the Commission that a wireless internet system for the Downtown area was a wonderful idea; however they agreed to defer to Mr. Harden, City Manager, to review the feasibility of RFPs and to determine a preferred system for internet access for the City. Once this study has been completed, the proposal would again be presented to the Commission for review. 4. Neighborhood Resource Center (NRC) Presentation Lula Butler, Director of Community Improvement, presented a Power Point presentation on the proposed City of Delray Beach Neighborhood Resource Center (NRC). This center is designed to assist residents with building stronger and safer communities. The location will be the City's former sub station which was formally occupied by the Village Foundation for their offices. The number one function of the Center will be an information clearing house for neighborhood residents. The consensus of the Commission was favorable to proceed on the renovations of the old sub station in order to provide a Neighborhood Resource Center. They felt the presentation was very well done. 5. Discussion of the Florida Department of Transportation IJ'D01) Resurfacing. Restoration and Rehabilitation (RRR) Project on West Atlantic Avenue from West 12"' Avenue to A-I-A Commission Comments 3 October 18, 2005 Richard Hasko, Director of Environmental Services, requested direction from the Commission concerning three proposed projects and construction options along West Atlantic Avenue. Randal Krejcarek, City Engineer handed out informational reports and noted that the City had been awarded two grants to be applied to projects along West Atlantic Avenue. There were three options for the Commission to address concerning the City projects and the Florida Department of Transportation (FDOT) Resurfacing, Restoration, and Rehabilitation (RRR) Project. The consensus of the Commission was to permit the City to maintain projects which would allow City control over construction. Estimated completion date is August 2006. Vice-Mayor Levinson adjoumed the Workshop Meeting at 9:52 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, October 18, 2005, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 4 October 18, 2005 WHEREAS, on August 11, 12, and 13,2005, the City of Delray Beach Parks and Recreation Department, Ocean Rescue Division, Lifeguard Competition Team competed in the 2005 United States Lifesaving Association's National Lifesaving Championships in Virginia Beach, Virginia; and WHEREAS, forty-one teams competed from other Ocean Rescue Divisions from all over the United States including New York, New Jersey, Illinois, Texas, North Carolina, Virginia, California, and Hawaii; and WHEREAS, the Delray Beach Ocean Rescue Competition Team participated in the following United States Lifesaving Association National Lifeguard Competition events: 2 K Beach Run, Beach Flags, Surf Swim, Surf Rescue, Surf Ski, Rescue Board, Surf Boat, and Land Line Rescue; and WHEREAS, the Delray Beach Ocean Rescue Competition Team finished eighth in Division II, Agencies With Under 100 Employees in the United States; and WHEREAS, the involvement and achievements of the Ocean Rescue Competition Team in the United States Lifesaving Association 2005 National Competition have generated much civic and community pride, NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Didray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend Ocean Rescue Officer Nina Mattos, EMT Ocean Rescue OfficerJo Wagenhals, EMT Ocean Rescue Officer James Scala, EMT Ocean Rescue Officer Todd Rapp, EMT Ocean Rescue Officer Mark Henkle, Paramedic - EMT Ocean Rescue Officer Regis Smeltz, Paramedic - EMT Ocean Rescue Officer Shaun Gibson, Paramedic - EMT Ocean Rescue Officer Trainee - Brenden Hays for their representation of the City of Delray Beach and offer them congratulations on a job well done in the United States Lifesaving Association 2005 National Competition. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 2s'h day of October, 2005. JEFF PERLMAN MAYOR ff1 VJA ! Date: Oct. 7, 2005 AGENDA ITEM NUMBER: lo--A AGENI>A REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: Dc tober 25, 2005 Description of Agenda Item (who, what, where, how much): Request approval of and Mayor's signature on a Proclamation honoring the Lifeguard Competition Team's performance in the 2005 USLA National Lifesaving Championships in Virginia Beach, .Virginia. Department Head Signature: w.~ ecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: Yes I No Initials: Hold Until: Agenda Coordinator Review: Received: . ( Proclamation Whereas, on August 11, 12, and 13, 2005, the City of Delray Beach Parks and Recreation Department, Ocean Rescue Division, Lifeguard Competition Team competed in the 2005 United States Lifesaving Association's National Lifesaving Championships in Virginia Beach, Virginia; and Whereas, forty-one teams competed from other Ocean Rescue Divisions from allover the United States including New York, New Jersey, Illinois, Texas, North Carolina, Virginia, California, and Hawaii; and Whereas, the Delray Beach Ocean Rescue Competition Team participated in the following United States Lifesaving Association National Lifeguard Competition events: 2 K Beach Run, Beach Flags, Surf Swim, Surf Rescue, Surf Ski, Rescue Board, Surf Boat, and Land Line Rescue; and Whereas, the Delray Beach Ocean Rescue Competition Team finished eighth in Division II, Agencies With Under 100 Employees in the United States; and Whereas, the involvement and achievements of the Ocean Rescue Competition Team in the United States Lifesaving Association 2005 National Competition have generated much civic and community pride, Now, therefore, 1, Jeff Perlman, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend: Ocean Rescue Officer Nina Mattos, EMT Ocean Rescue Officer Jo Wagenhals, EMT Ocean Rescue Officer James Scala, EMT Ocean Rescue Officer Todd Rapp, EMT Ocean Rescue Officer Mark Henkle, Paramedic - EMT Ocean Rescue Officer Regis Smeltz, Paramedic - EMT Ocean Rescue Officer Shaun Gibson, Paramedic - EMT Ocean Rescue Officer Trainee - Brenden Hays for their representation of the City of Delray Beach and offer them congratulations on a job well done in the United States Lifesaving Association 2005 National Competition. In witness whereof, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 25th day of October, 2005. Jeff Perlman MAYOR WHEREAS, Division Chief Russell Accardi has heen a memher of the staff of Delray Beach Fire-Rescue since February 21, 1989 and is cert:ified as a Fire Fighter, Emergency Medical Technician, Hazardous Materials Technician, Dive-Rescue Specialist, and Fire Safety Inspector, rising through the ranks from Fire Fighter/EMT to Driver-Engineer to Ueutenant and most recendy to Chief Officer; and WHEREAS, Chief Accardi has served as Chief of Training and Safety, Battalion Chief and is currently assigned as Division Chief for Logistics and Training; and WHEREAS, Chief Accardi has participared in the Federal Urban Search and Rescue Team (USAR) program since 1994, being assigned to Florida Task Force 2, consisting of Fire Fighters and Rescue Specialists from Southeast Florida; and WHEREAS, Chief Accardi is trained, certified, and assigned as Search Team Manager for Florida Task Force 2; and WHEREAS, Task Force 2 has been deployed to areas of devastation in the metropolitan New Orleans area to conduct search and recovery missions in areas impacted by flooding and hurricane force wind conditions as a result of Hurricane Katrina; and WHEREAS, Task Force deployments may be for extended periods of time, causing members to be away from their families and homes for many weeks, while working and living in conditions absent basic comforts and amenities; and WHEREAS, the experiences gained from such deployments are unique and valuable in shaping future emergency management planning strategies by bringing post-event perspectives to our local and regional comprehensive planning initiatives. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida on behalf of the City Commission, do hereby recognize and commend DIVISION CHIEF RUSSELL ACCARDI Delray Beach Fire-Rescue Departmenr for the outstanding work he preformed as part of the Urban Search and Rescue Team - Florida Task Force 2 under unique and hazardous conditions, while overcoming extensive physical and environmental obstacles in pursuit of Disaster Medical Assistance Team mission goals; and the Commission also wishes to acknowledge, with gratitude, the hundreds of emergency response personnel who stand ready on just a few hours notice to respond to man-made and natural disasters, setting aside their personal comfort and convenience to assist their fellow citizens following a disaster. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida ro be affixed this 25" day of October, 2005. JEFF PERLMAN MAYOR 4 , (Q6 WHEREAS, Lt. Ed Crelin has been a member of the Delray Beach Fire-Rescue Department since April 16, 1987 and holds certifications as a Fire Fighter, Paramedic, Hazardous Materials Technician, Dive-Rescue Specialist, and Fire Safety Inspector; rising through the ranks from Fire FighterlParamedic to Driver-Engineer, to Lieutenant to Paramedic Lieutenant; and WHEREAS, Lt. Crelin has participated in the Federal Emergency Disaster Medical Assistance Team program since 1994, being assigned to Florida DMAT Team 5 consisting of medical professionals from Southeast Florida; and WHEREAS, DMA T teams are regnlarly deployed to areas of hurricane storm damage and destruction in order to establish emergency medical and surgical services where local hospitals and other medical institutions are unable to function due to storm impacts; and WHEREAS, DMAT Team 5's most recent deployments have been in response to Hurricane Katrina in Picayune, Mississippi and again for Hurricane Rita in Orange, Texas; and WHEREAS, team deployments may cOVer extended periods including mobilization, travel, set up, direct service delivery, and demobilization phases; causing team members to be away from their families and homes for many weeks while operating in very minimal settings and difficult environments; and WHEREAS, the experiences gained from these deployments are exceptionally helpful in shaping future local emergency management planning strategies by bringing post-event perspectives to comprehensive local and regional planning activities. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida on behalf of the City Commission, do hereby recognize and commend LIEUTENANT ED CRELIN Delray Beach Fire-Rescue Department for the outstanding work he has preformed as part ofFL-DMAT Team 5 under stressful and adverse personal conditions while overcoming many physical and environmental obstacles in pursuit of Disaster Medical Assistance Team mission goals; and the Commission also wishes to acknowledge, with gratitude, the hundreds of emergency response personnel who stand ready on just a few hours notice to respond to man made and natural disasters, setting aside their personal comfort and convenience to assist their fellow citizens in need following a disaster. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City ofDelray Beach, Florida to be affixed this 25'h day of October, 2005. JEFF PERLMAN MAYOR 6/< 0Jt1 toc- ~ PROCLAMATION WHEREAS: Lt. Ed Crelin has been a member of the Delray Beach Fire-Rescue Department since April 16, 1987 and holds certifications as a Fire Fighter, Paramedic, Hazardous Materials Technician, Dive-Rescue Specialist, and Fire Safety Inspector, rising through the ranks from Fire Fighter/Paramedic to Driver-Engineer, to Lieutenant to Paramedic Lieutenant; and WHEREAS, Lt. Crelin has participated in the Federal Emergency Disaster Medical Assistance Team program since 1994, being assigned to Florida DEMAT Team 5 consisting of medical professions from southeast Florida; WHEREAS, DMAT teams are regularly deployed to areas of hurricane storm damage and destruction in order to establish emergency medical and surgical services where local hospitals and other medical institutions are unable to function due to storm impacts; and WHEREAS, DMAT Team 5 most recent deployments have been in response to Hurricane Katrina in Picayune, Mississippi and again for Hurricane Rita in Orange, Texas; and WHEREAS, these team deployments may cover extended periods including mobilization, travel, set up, direct service delivery and demobilization phases, causing team members to be away from their families and homes for many weeks while operating in very minimal settings and difficult environments; and WHEREAS, the experiences gained from these deployments are exceptionally helpful in shaping future local emergency management planning strategies by bringing post-event perspectives to comprehensive local and regional planning activities; and NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida on behalf of the City Commission, do hereby recognize and commend LIEUTENANT ED CRELIN Delray Beach Fire-Rescue Department for the outstanding work he has preformed as part ofFL-DMAT Team 5 under stressful and adverse personal conditions while overcoming many physical and environmental obstacles in pursuit of Disaster Medical Assistance Team mission goals; and . . - The City Commission of Delray Beach also wishes to acknowledge, with gratitude, the hundreds of emergency response personnel who stand ready on just a few hours notice to respond to man made and natural disasters, setting aside their personal comfort and convenience to assist their fellow citizens in need following a disaster. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal ofthe City ofDelray Beach, Florida to be affixed this 25th day of October, 2005. JEFF PERLMAN MAYOR ~ WHEREAS, the City of Delray Beach has supported public access to Automatic External Defibrillation (AED) as well as training programs to insure the effective use of these devices for many years; and WHEREAS, the Delray Beach Tennis Center is equipped with this type of device for the benefit of the public, players, and staff; and WHEREAS, on October 1 ", 2005, at approximately 10:30 A.M., a patron at the Tennis Center collapsed and experienced a severe cardiac emergency; and WHEREAS, Allen Antolic, a tennis professional employed at the Tennis Center, became aware of this event and reacted promptly and instinctively by taking the Center's AED device to the area where the emergency was reported and he proceeded to assess the patient's condition and it was determined that the use of the AED device was necessary and appropriate; and WHEREAS, the proper application of this device and the delivery of an electronic shock to the victim's heart resulted in the restomtion of an effective heart rhythm prior to the arrival of Delray Beach Fire-Rescue Paramedics; and WHEREAS, additional treatment on the sCene was followed by transport to a local hospital where advanced medical procedures were used to mitigate the cause of the cardiac event, resulting in a long term, positive outcome. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida on behalf of the City Commission, do hereby recognize and congratulate ALLEN ANTOLIC for his quick recognition of a medical emergenCY in progress; and prompt and appropriate intervention, resulting in the saving of a life in our commnnily; and commend the entire staff of the Delray Beach Tennis Center for their alertness and support of our city-wide AED Public Access program, with this event being the second effective use of an AED device at this location in the past three years; and the Commission encourages other venues, locations, and facilities where the public may be present to acquire and install these life saving devices and provide an opportunity for staff training to learn of their proper use and application for the benefit of our residents and visitors. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delmy Beach, Florida to be affixed this 25th day of October, 2005. JEFF PERLMAN MAYOR (oD , PROCLAMATION WHEREAS, The City of Delray Beach has supported public access to Automatic External Defibrillation (AED) as well as training programs to insure the effective use of these devices for many years; and WHEREAS, The Delray Beach Tennis Center is equipped with this type of device for the benefit of the public, players and staff; and WHEREAS, on October 151, 2005 at approximately 10:30 A.M. a patron at the Tennis Center collapsed and experienced a severe cardiac emergency; and WHEREAS, Allen Antolic, a tennis professional employed at the Tennis Center, became aware of this event and reacted promptly and instinctively by taking the Center's AED device to the area where the emergency was reported and he proceeded to assess the patient's condition and it was determined that the use of the AED device was necessary and appropriate; and WHEREAS, the proper application of this device and the delivery of an electronic shock to the victim's heart resulted in the restoration of an effective heart rhythm prior to the arrival of Delray Beach Fire-Rescue Paramedics; and WHEREAS, additional treatment on the scene was followed by transport to a local hospital where advanced medical procedures were used to mitigate the cause of the cardiac event, resulting in a long term, positive outcome; NOW, THEREFORE, I, Jeff Perlman, Mayor of the City of Delray Beach, Florida on behalf of the City Commission, do hereby recognize and congratulate: Mr. Allen Antolic for his quick recognition of a medical emergency in progress, and prompt and appropriate intervention, resulting in the saving of a life in our community; and BE IT KNOWN, that the City Commission commends all the staff at the Delray Beach Tennis Center for their alertness and support of our city-wide AED Public Access program, with this event being the second effective use of an AED device at this location in the past three years; and BE IT FURTHER KNOWN, that the City Commission encourages other venues, locations and facilities where the public may be present to acquire and install these life saving devices and provide an opportunity for staff training to learn of their proper use and application for the benefit of our residents and visitors alike. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Del ray Beach, Florida to be affixed this 25th day of October, 2005. JeiIPerlman Mayor WHEREAS, the City of Delray Beach recognizes the power of family literacy and the importance of children and parents reading and learning together; and WHEREAS, family literacy activities throughout the year are beneficial to all ages and encourages life long learning opportunities; and WHEREAS, community leaders, educators, policy makers, businesses, parents, and volunteers are encouraged to work together to raise awareness of family literacy and ensure that all children have a fair, equal, and significant opportunity to learn so that No Child is Left Behind; and WHEREAS, The City of Delray Beach is proud to launch in the month of November, The Mayor's Literacy Partnership, entitled "Delray Beach.... Get Caught Reading", and WHEREAS, Delray Beach is a place where everyone is encouraged to read and Literacy is a core value in the community. NOW, THEREFORE, I JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby proclaim November 2005 as Velr~ 'Beach- N~fam4Y Uter~ MO't1tJ1,. and encourage families to read together and participate in the interactive literacy programs being carried out in the City of Delray Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 25th day of October 2005. JEFF PERLMAN MAYOR ~ (DE WHEREAS, The Center for Technology, Enterprise, and Development, Inc. (TED Center) was incorporated in October, 1992 as a non-profit charitable and educational Community Development Corporation; and WHEREAS, the TED Center's purpose is to address the concems of housing, crime management, employment, and economic development by facilitating revitalization in the community; while creating a safe and affordable residential environment and building a professional technical development and support center, known as the "Business Incubator" to train and nurture tenants, students, and other business people in the target area; and WHEREAS, the goal of the TED Center is to actively empower youth and adults with skills and knowledge that will afford them the opportunity for a meaningful and rewarding life, by providing the tools to create innovations of tomorrow; and WHEREAS, the initiatives of the TED Center include: First Time Home Buyer Program, Business Incubator, Youth Entrepreneurship Program, Employment and Job Skills Training, and Computer Skills Training and Graphics Design Programs; and WHEREAS, on Friday, November 4, 2005, the TED Center will hold an Open House Event. NOW, THEREFORE, I JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby recognize and commend THE CENTER FOR TECHNOLOGY, ENTERPRISE, .AND DEVELOPMENT, INC. for their outstanding contributions, support, and service to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 25th day of October 2005. JEFF PERLMAN MAYOR 4 (9f= MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER[1J1lI ! TO: SUBJECT: AGENDA ITEM # KA. - REGULAR MEETING OF OCTOBER 25. 2005 FINAL PLAT APPROVAL/VILLAGE AT SWINTON SOUARE DATE: OCTOBER 21,2005 This is before the Commission to approve the final boundary plat for the Village at Swinton Square, located on the southwest comer of S.W. 10'h Street and Swinton Avenue. The property is a replat of a portion of Lot 13, Section 20; a portion of Plat No.3 of Southridge; and a portion of Southern Pines. This is a fmal boundary plat processed as a minor subdivision. All technical and staff comments have been addtessed and the plat is ready for approval. Recommend approval of the final boundary plat for Village at Swinton Square. S:\City Clerk\agenda memos\Final Plat Village at Swinton Sq. 102505 City Of Delray Beach Department of Environmental Services M E M 0 RAN DUM TO: David T. Harden, City Manager DATE: Jill Skaggs, P.E., Asst. City Engineer ~ October 14, 2005 FROM: SUBJECT: Village at Swinton Square Plat Agenda Request The attached Agenda Request is for Commission approval of the Village at Swinton Square Plat, a proposed boundary plat. This property is a replat of a portion of lot 13, Section 20, Township 46 South, Range 43 East, as recorded in Plat Book 1, Page 4, Public Records of Palm Beach County, Florida and a replat of a portion of Plat No.3 of South ridge, as recorded in Plat Book 24, Page 24, Public Records of Palm Beach County, Florida and a replat of a portion of Southern Pines, as recorded in Plat Book 4, Page 60, Public Records of Palm Beach County, Florida lying in Section 20, Township 46 South, Range 43 East, City of Delray Beach. This property is located on the southwest corner of SW 10th Street and Swinton Avenue. This is a Final Boundary Plat processed as a minor subdivision, therefore, it is forwarded directly to City Commission for final action (no other board review was necessary). Enclosed are a location map and a reduced copy of the plat. If this meets with your approval, please place it on the October 25, 2005 Commission Agenda for approval. Thanks! enc cc Richard Hasko, Director of Environmental Services Randal Krejcarek, City Engineer Nguyen Tran, Senior Planner Carolanne Kucmerowski TAC File Agenda File, October 25, 2005 S:\EngAdmin\TACIVillage of Swinton Square (fka - Banyan Vilfage)- Reigle Ave\2005 Oct 25 agenda memo.doc - WATER .1 ~ TREA TMENT S.W. 6TH ST, ~ . III ~LAIT ~ffiHIIE]: ~ .~!~ ~. I ~nnffiffiHfB [ .W. 8TH ~W. 8TH COURT I-- II II11 ~ '= III II II II II 1II1I I : 'I:: i: Bd1m EBffiE~r- '.w. I 'j I I I I n:r:rn:Il:rrm rTTlilTli~ I I 11I1 ITIIIJJJllW t:IITIIIJ;f- -~ -~ =--=~ =--=~ --~ r--"r--8 f--~I----~ ~_VJI--_::I . '-- '-- r-- REI 1= ~ III1 I \:= · FALL RIDe< . I I I I I-- ~ OF DELRAY'" UN ~VENUE I I 111111 I I 11I111 I DAD III I II I 1----1 WII ~. ~ =. = ~. I I fl I I I ~ "" ". :; ~ '" " PINE GROVE" ELEMENTARY SCHOOL /< ,I 1,,;,IIII'Lli= ~'~~:IT Ill. ~ < Y\\l iO- ~ >: ~ ~ X .y7d'~ ~ ~'&~ ~~Jg; :YfJ ~~. CONDO % y~C(e YN BEN I ~ H "\/~ $ ~ I-- N cnv OF DEL.RAY BEACH. R.. PLANNINO 8' ZONING DEPARTM~ -- DIGITAL BASE M'lP SYSTEM -- ~ GULF S"fflEAM COMMERCIAL CENTRE LINTON TRUSS I COUNTY SAN/TA nON SECURITY SELF STORAGE LINTON T I CITY OF DELRA Y BEACH PUBLIC WORKS COMPLEX .n< S.....N1ARDENP 111111 11111117 IIII/~ IVli--:. I f:Ji!== ONE LINTON BLVD. I!I ~~~~ ~~ :::- x or- S2 Q. I-- x m~~ '<WD'~I III WJ]JJ I-- FlORANDA m" I-- "t~~R ~ I--- is ~, f--.J ~'" BANYAN 0' TREE lANE <S ~ OLD HARBOUR PLAZA BOULEVARD I ". ST. ~ 11 c ~ " 0 , I 1.'1,11 lli:rili n ~_" ~lH ~.~ ~ ;~~-~~-~~ "" <== -< =- = = II ~ = .. ~I~!~~- ~ " - CURRIE ==... = COMMONS _ f-- OIIIIJ~~~~m.: ~ I-- ~ ~~~~~ ~~ ~ r--- = ~~ ::::'l ~ ~IST. , g\:=== = "\:=. = .f-- Pi ~ = = = =::::: == OOr $.E. 10TH ST. -' -'" '" w " w E~CUTlVf: OUARTERS 'tJ THE PLAZA AT D~LRA y s.,. "lH "~. ~, ~. A """"'" .... "'" ~~/ DOMAINE 'I DELRAY ~~.;i- LINTON BANYAN TREE cJ- WOODS \fU..AGC ~ HARBOURS me< II NA nONS BANK UNTON COlTER T VILLAGE AT SWINTON SQUARE (f.k.a. 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I 0.. \ ~I I ~, - , ~ . . ;: t:; ~ ~ . . . . . Date: 14 October 2005 AGENDA ITEM NUMBER: ~ AGENDA REQUEST Request to be placed on: -X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 25 October 2005 Description of Agenda Item (who, what, where, how much): Request is for Commission approval of the plat for Village at Swinton Square, a proposed boundary plat located on the southwest corner of SW 10th Street and Swinton Avenue. This property is a replat of a portion of lot 13, Section 20, Township 46 South, Range 43 East, as recorded in Plat Book 1, Page 4, Public Records of Palm Beach County, Florida and a replat of a portion of Plat No.3 of Southridge, as recorded in Plat Book 24, Page 24, Public Records of Palm Beach County, Florida and a replat of a portion of Southern Pines, as recorded in Plat Book 4, Page 60, Public Records of Palm Beach County, Florida lying in Section 20, Township 46 South, Range 43 East, City of Delray Beach. Staff Recommendation: Approval ~ ~ Department Head Signature: (. , IcJ ~ r:J.-o.J City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure offunds): Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: & No Initials: ~ Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Village of Swinton Square (fka' Banyan Village)' Reigle Ave\2005 Oct 25 agenda.doc MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # '86 - REGULAR MEETING OF OCTOBER 25. 2005 RESOLUTION NO. 85-05 SUBJECT: DATE: This is a resolution assessing costs for abatement action required to remove nuisances on four (4) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 85-05. Department on Caroline S/City Clerk/Lien Process/ Agmemos/lAgmemoCE.doc - ResNo. 85- 05 RESOLUTION NO.8S-0S A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETIING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTNE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice (forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner (s) did request and receive a hearing, said property owner (s) failed and/or neglected to abate such nuisance (s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner{s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, Chapter against WHEREAS, the Ci ty Commission of the 100 of the Code of Ordinances desires to said property owner(s), City of Delray Beach, pursuant to assess the cost of said nuisance (8) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City'S cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s} indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the oWller(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach at the meeting has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said Burns. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment (s) , after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney1s fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording 2 Res. No. 85 -05 of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED 2005. in regular session on this day of MAYOR ATTEST: City Clerk 3 Res. No. 85 -05 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT SW 10TH AVEV/LSOF 111 VIRGIL STUBBS. . LINCOLN PARK DELRAY L T 5 PB 23 PG160 326 SW 5TH AVE PCN 12434617380000050 DELRAY BEACH, FL 33444- CUST. NO. 4146 2406 $ 57.00 INV #28431 . $ 55.00 ADM FEE $ 112.00 2147 SW 36TH TERR FAIRCREST HEIGHTS AMND PLAT LOT 53 PB42 PG68 YOOL Y P VERZOSA PCN 12 42 46 25 09 000 0530 1090 AMSTERDAM AVE #7 K CUST. NO. 525 NEW YORK, NY 10025-1731 $ 42.00 INV #28430 $ 55.00 ADM FEE $ 97.00 629 SE 2ND AVE OSCEOLA PARK W 63.36 FT OF L TS 28,29 & 30 BLK 7 PB3 PG2 BEN & IRIS D. HAMMETT 12434621 01 0070281 2996 BYINGTON CIRCLE CUST. NO. 6256 TALLAHASSEE, FL. 32303-2504 $ 94.00 INV #28432 $ 55.00 ADM FEE $ 149.00 NW 8TH AVE V/L S OF 108 WEST SIDE HEIGHTS DELRAY LT 13 BLK B PB31 PG61 GEORGE A FOULKES PCN NO. 12434617 26 002 0130 4421 NW 25TH PL CUST. NO. 11669 FT. LAUDERDALE, FL 33313 $ 94.00 INV #28433 YORK BUILDERS, INC. 6965 ASHTON STREET BOCA RATON, FL 33428 $ 55.00 ADM FEE $ 149.00 VIOLATION IS: SECTION 100,01 - LAND TO BE KEPT FREE OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE Res. No. 85-05 C'/\ .dI1 [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE cOO NW hi AVENt'E. DELR;W BFACII. FLORIDA 33444 TFLLPI-](f\J1;: )() l/2-H-7(jlJO . FACSLr-..1 [1.1:- S6112n-4755 DELRAY BEACH ~ Ail-America City Writer's Direct Line: 561/243-7091 " II J! DATE: MEMORANDUM October 13, 2005 1993 2001 TO: FROM: City Commission David Harden, City Manager It..- __ - Brian Shutt, Assistant City Attorney SUBJECT: AcceDtance of Riqht of Wav Deed The property owner for Lot 42 has submitted plans to construct a home at the corner of SW. 4th Street and S.W. 5th Avenue. Although the right of way of SW. 5th Avenue has been paved and used as public right-of-way for many years the City has been unable to locate a document dedicating this property for public right- of-way purposes. Therefore, the City has requested, as a condition of development, that the property owner execute the attached right-of-way deed. Our office requests that this item be placed on the October 25, 2005 City Commission agenda for acceptance. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Nguyen Tran, Senior Planner ~e.. 1 . Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED THIS INDENTURE made this --La- day of U--ro(-bl1L-, 200b between p~ ~ ' with a mailing address of J?-/JO 1:J;;~ ~ ~ ~A'QJV~lA. as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encwnbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns ofthe parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal firs bove written. ~ PARcr4THEt~ By: JJ!I1./ 0t..'Vo...tIU \""'~\ . ' (Name pnnted or typed) V'. ~. e p . ted or typed) . --tnf ~ ~,VQ +=- ~(~ (Name printed or typed) STATE OF jU)uL~ COUNTYO~AJI~~ /JJ The f,?regoing instrument was acknowledged before me this ~ day of t1!.d.. , 200~, by ...?>/a.w C/!:5/ , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. ~ Si lure of Person Taking Acknowledgment Name Typed, Pri II 00441649 ElcplI8S July 22, 200ll BGIOIlITfOJ,..........,nc .-1Ott 2 Exhibit "A" The west twenty (20) feet of Lot 42 of Block 32 according to the Plat thereof recorded in Plat Book 6, Page 97 of the Public Records of Palm Beach County, Florida. t:l \ ~~~ .. 5 ~"'+ ~. !;,:~ I II ~:~ J 01 L-. I ',' . I- ~ >- ~ . ~"'~ ~I.I ~~~ I !i~ i 20.0' 1&4' LOT 41 BLOCK 32 VACANT co III + ~ +19.8 +19. + 80"59' !iJf..v..E (SEE OCTg..) +19.6 ~ n 20. ~ ~: ~~3 ~ ~I~ "-It) ~ (fj " ~ 255' 45.(X)' ~ I _ ~ Oi ~ ~~ ~! ~ - LOT 42 ~ BLOCK 32 Oi PR(Y'OSED WALK ~ 250' il: ~ PRCFOSED RESaM:E FLoa? TO EE +2120 +19.5 45.(X)' c ~ I \d c ~ f. \d SW..v..E {SEE OCTAL) PR(Y'OSED 80"62' PR(Y'OSED lRVE: . +19.0 +19. 20.0' WALK + +19.4 +19.:. .. +19.72 +19.66 C S. ~ 4 TH STREE[ ---'t::' P A V ~ D +~ +19.88 6' PROP/. L/^ + SWALE SECTION @ COPYRIGHT 2005 0'8RIF:N, SLfTER 4< O'BRJ~N, INC. MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGERt71 AGENDA ITEM # ~t> - REGULAR MEETING OF OCTOBER 25. 2005 GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION: SUBJECT: DATE: OCTOBER 21, 2005 This is before the Commission to approve and accept the Florida Department of Transportation (FDOl) Highway Safety Grant award in the amount of $41,603.00 providing partial funding for a Driving Under the Influence (DUI) enforcement position for the Delray Beach Police Department's DUI program. The grant covers 50% of the DUI Officer's salary and will complete the third and final year of the DUI Grant. Recommend approval and acceptance of the FDOT grant award in the amount of $41,603.00 for partial funding of a DUI enforcement position. S:\City Clerk\agenda memos\FDOT Grant DUE Position 102505 Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 {)/(, DElRAV~ ~ All-America City '1IIt! Joseph L. Schroeder Chief of Police 2004 1993 2001 MEMORANDUM ~ECEIVEO OCT 1 R 2005 CITY MANAGER TO: FROM: David T. Harden City Manager Tina Lunsford ~ Administrative Officer DATE: October 17, 2005 SUBJECT: FLORIDA DEPARTMENT OF TRANSPORTATION (FOOTI AWARD FOR HIGHWAY SAFETY FUNDS The City of Delray Beach, Police Department has received award notification from FDOT for the Highway Safety Grant, Driving Under the Influence (DUI) in the amount of $41,603.00. This grant covers 50% of the DUI Officer's salary and will complete the third and final year of the DUI Grant. Attached, you will find the award letter and completed "Application for Highway Safety Grant." Please forward this package to Commission for approval to accept the award. TLU Attachment cc: J.L. Schroeder, Chief of Police Mary Ann Young, Accountant \I Serving with P.R,I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence Florida Department of Transportation J EB BUSH GOVERNOR 605 Suwannee Street Tallahassee. FL 32399-0450 October 3, 2005 DENVER J. STUTLER. JR. SECRETARV David Hardin, City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 RE: Project Number: J8-06-06-04 DOT Contract Number: A0638 Dear Mr. Hardin: Your application to the Florida Department of Transportation (DOT) for highway safety funds has been approved. Weare pleased to make this award in the amount of$4I,603 for the purpose of partially funding a DUI enforcement position. A copy of the approved sub grant agreement referenced above is enclosed for your file. All correspondence with the Department should always refer to the project number and DOT contract number. The effective date of the subgrant agreement is October I, 2005, and only those costs incurred on or after that date and before October I, 2006 are eligible for reimbursement. As a reminder, Part V requires that reimbursement requests be submitted quarterly as costs are incurred. In addition, reimbursement for personnel costs must be requested monthly if paid on a monthly basis and after every two pay periods if paid bi-weekly. If your sub grant contains personnel costs, you must provide this office with the name(s) of the individual(s) whose salary is being reimbursed under the subgrant. If notification is not provided to this office, salary will not be reimbursed. In addition, if personnel changes occur during the subgrant period, this office must be notified in writing immediately. If your subgrant contains funding for contractual services, you must obtain approval of the contractual service agreement from this office before executing the agreement. If your subgrant includes funding for public awareness materials, you must send samples of the materials for approval prior to purchase. If your sub grant includes equipment costing more than $500 per item, the Head of the Implementing Agency must send a letter certifying that none of the equipment replaces existing items. Please review Part V of the subgrant agreement entitled" Acceptance and Agreement." This section has been revised and should be reviewed carefully by those persons responsible for project administration. We look forward to working with you on this project. If you have any questions or need assistance, please contact Roger Doherty at (850) 245-1522, who will be coordinating this activity. . fY' Kevin J. 'bault, P .E. Assistant Secretary for Engineering and Operations Governor's Highway Safety Representative KT/rd Enclosures cc: John Fain Carolyn Hawkins Chief Schroeder Tiaa Lunsford Joseph Safford www.dot.state.n.us STATE OF FLORIDA DEPARTMENT OF TRAN8eORTATION SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS 500-065-01 - SAFETY 09105 at For D.O. T Use Only Project Number: Ja-OS-OS-04 DOT Contract Number: A0638 Federal Funds Allocated: $41,603.00 Date Approved: 10/01/05 Subgrant Period: October 1. 2005 to SeDtember 3D" 2006 Date Revised: SUbgrant History: (1) AL-03-05-03 (2) (3) Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions for Highway Safety Subgrant Applications) 1. Project Title: Del ray Beach DUI Enforcement Program 2. Type of Application: o Initial 181 Continuation 3. Requested Subgrant Period: 10/1/2005 to 9130/2006 4. Support Matching Total Sought: $41,603.00 Share: $41,603.00 Budget: $83,206.00 5. Applicant Agency (Subgrantee): 6. Implementing Agency: City of Delray Beach Delray Beach Police Department 100 NW 1" Avenue 300 West AUantic Avenue Delray Beach, FL 33444 Delray Beach, FL 33444 David Harden, City Manager Joseph L. Schroeder, Chief of Police Telephone: (561 ) 243 - 7010 Telephone: (561 ) 243 - 7851 7. Federal 10 Number: 8. State FLAIR Number(State Agencies) 596000308 O() 7 9. Chief Financial Officer: 10. Project Director: City of Delray Beach Delray Beach Police Department 100 NW 1't Avenue 300 West Atlantic Avenue Delray Beach, FL 33444 Delray Beach, FL 33444 Joseph Safford, Finance Director Tina Lunsford, Administrative Officer Telephone Number: (561 ) 243 - 7116 Telephone Number: (561 ) 243 - 7852 Fax Number: (561 ) 243 - 7166 Fax Number: (561 ) 243 - 7816 E-Mail Address: safford@cl.delray-beach.f1.us E-Mail Address: lunsford@ci.delray-beach.f1.us Subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic Safety Administration, Catalog of Federal Domestic Assistance Number - 20.S01, State and Community Highway Safety Program, through the Florida Department of Transportation. The Dun and Bradstreet Data Universal Numbering System (DUNS) Number for the Florida Deoartment of Transoortation is 80-939-7102. I di '~1 SAFETY 09105 Part II: PROJECT PLAN AND SUPPORTING DATA State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1 . Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (LIse form provided) Start below and use additional oaoes as necessarv. Statement of the Problem: The Delray Beach Pollee Department has recorded one hundred twenty-two (122) alcohol related crashes in the past three years. To combat this problem, the Department has created a DUI Enforcement position. The officer's responsibility is to patrol the areas that have recorded the highest number of accidents during that period. The patrols will be conducted during the evening and early morning hours when accidents are most likely to occur. The Department found with the history of DUI related accidents within the City limits, it is necessary to continue to use a visible presence within the City. The Department's goal is to make, over the course of the year, 100 DUI related arrests. If the Department notes an increase in the number of DUI related incidents over the course of the year, the number of arrests would increase. Proposed Solution: The DUI Officer will continue to educate the public by attending Home Owners Association meetings, City sponsored functions, visits with both business and civic organizations, and school assemblies and programs. In addition to the public awareness programs, the Department will assign the DUI officer as required to meet any changes noted through statistical analysis. Objectives: The Department's primary objective is the reduction of all alcohol related accidents. We hope to accomplish that objective by making at least 100 DUI related arrests; participate in four roadside checkpoints and saturation patrols; and participate in four public awareness/education events. We will continue to work with our safety belt program, utilizing the same approach as we do with our DUI public awareness program. In addtion, The Department will continue to conduct multi- agency DUI enforcement and work one-on-one with agencies adjacent to Delray Beach. Evaluation: The Delray Beach Police Department will evaluate the overall success of the program by the number of contacts made during DUI enforcement, the number of DUI drivers apprehended and the success of the public information and education awareness programs concerning DUI related enforcement. 2 ~ ~ 500-065-01 SAFETY 09I\l5 Timetable for Milestones Milestones 111 Quarter 2nd Quarter 3rd Quarter 4"' Quarter OCT NOV DEC JAN FEO MAR APR MAY JUN JUL AUG SEP Enforcement of DUI Program ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Conduct DUI Enforcement ~ Public Awareness 0 ~ 0 ~ ~ 0 ~ ~ 0 ~ ~ 0 Saturation of DUI Enforcement 0 0 ~ 0 ~ 0 ~ 0 0 ~ 0 0 Safety belt click it or ticket program 0 ~ 0 0 ~ 0 0 ~ 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 R 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 ~ -~65-01 SAFElY ll9Ill5 Part III: PROJECT DETAIL BUDGET Project Title: Delray Beach DUI Enforcement Program Project Number: J8-06-06-04 Contract Number: A0638 BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL A. Personnel Services Salary - 1 officer $53,846 $26,923 $0 $26.923 Benefits - 1 officer $29,360 $14,680 $0 $14,680 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $83,206 $41,603 $ 0 $41,603 B. Contractual Services $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 C. Expenses $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 Budget Modification Number:_ Effective Date: 4 ~ 500-065-01 . SAFETY 09105 Part III: PROJECT DETAIL BUDGET Project Title: Delray Beach DUI Enforcement Program Project Number: J8-06-06-04 Contract Number: A0638 BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL D. Operating Capital .outlay $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 E. Indirect Cost $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 Total Cost of Project $83,206 $41,603 $ 0 $41,603 Budget Modification Number: _ Effective Date: 5 ". -00Q.065.01 SAFElY 09105 BUDGET NARRATIVE Project Title: Delray Beach DUI Enforcement Program Project Number: J8-06-06-04 Contract Number: A0638 The following is a narrative description of the project budget by line item by category, detailing the item and anticipated cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as needed. A. Personnel Services (1.) Salary - includes the salary for a DUI Enforcement Specialist to be reimbursed at 50%. ($26,923 with 50% match by the City totalling $53,846) (2.) Benefits - includes FICA; unemployment; workers compensation; pension; police career/education benefit; health, life and disability insurance for the officer to be reimbursed at 50%. ($14,680 with 50% match totaling $29,360) Budget Modification Number:_ Effective Date: 6 1 - 5QO.06S.O' SAFETY 09105 Part IV: REPORTS Quarterly Progress Report Narrative for the quarter. Project Title: Delray Beach DUI Enforcement Program Project Number: J8-06-06-04 Implementing Agency: Delray Beach Police Department Project Director: Tina L. Lunsford, Administrative Officer Describe the subgrant activities that took place during the quarter. Attach newspaper clippings, press releases, photos and other items that document activities. Use additional sheets if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with the narrative within 30 days of the end of each quarter. 7 ,;; ~1 . SAFETY ..." QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS for the quarter. Project Title: Delray Beach DUI Enforcement Program Project Number: J8-0S-0S-D4 Implementing Agency: Defray Beach Police Department Project Director: Tina L. Lunsford, Administrative Officer Performance Milestones Accomplished Indicators Quarter Ouarter Quarter Quarter Sbc~Month Ending Ending March Totals Ending June Ending Project Totals December 31 31 30 September 30 Number of DUI arrests made by DUI officer. 0 0 Number of DUI checkpoints hosted by the Delray Beach PD. 0 0 Number of saturation patrols conducted by the Delray Beach PD. 0 0 Number of checkpoints hosted by other agencies at which Delray Beach PO officers 0 0 participated. Number of public awareness events at which the DUI specialist made presentations. 0 0 Number of safety belt violations issued by the Delray Beach PD. 0 0 Number of child safety seat violations issued by the Defray Beach PD. 0 0 Number of moving violations issued by the DUI officer. 0 0 . 0 0 . 8 ~ - 500-065-01 SAFETY _5 Final Narrative Report Project Title: Delray Beach DUI Enforcement Program Project Number: JS-DS-OS-D4 Implementing Agency: Delray Beach Police Department Project Director: Tina L. Lunsford, Administrative Officer The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and Agreemenf, Conditions of Agreement, 1. Reports. This report is an accurate accounting of the project performance and accomplishments. Attach additional sheets as needed. 9 ,:; . 50().()65.Q1 SAFElY 09105 Part V: Acceptance and Agreement Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following terms and conditions shall become binding. Noncompliance will result in loss of, or delays in, reimbursement of costs as set forth herein. 1, Reports. The subgrant year quarters are October 1 - December 31, January 1 - March 31, April 1 - June 30, and July 1 - September 30. The Implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by the last day of the month following the end of each quarter (January.31, April 30, July 31, and October 31) if the subgrant was effective during any part of the quarter. Quarterly reports postmarked after the respective submission dates listed above shall be considered past due. The implementing agency shall submit a Final Narrative Report, giving a chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31. Requests for reimbursement will be returned to the subgrantee or implementing agency unpaid if the required reports are past due, following notification. 2. Responsibility of Subgrantee. The subgrantee and its implementing agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB Circular A-1 02, Grants and Cooperative Agreements with State and Local Governments; OMB Circular A-11 0, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB Circular A-21 , Cost Principles for Educational Institutions; OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; and/or OMS Circular A-122, Cost Principles for Non-Profit Organizations, hereby incorporated by reference, (hereinafter referred to as Applicable Federal Law). 3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this agreement pursuant to sections 287. 133(3)(a) and 287.134(3)(a), Florida Statutes. (a) Section 287.133 (2)(a), F,S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve In writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgrantee or implementing agency. Approval of the subgrant does not constitute approval of a consultant or contractor agreement. 10 ~ - 500-065-01 SAFElY 09105 All consultant agreements will contain the following statement: The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of Project # (insert project number), DOT Contract # (insert contract number). A final invoice must be received by (insert date) or payment will be forfeited. 5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law and state law, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the subgrantee'. 6. Travel. Travel costs for approved travel shall be reimbursed in accordance with the State of Florida, Department of Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, hereby incorporated by reference, but not in excess of provisions in Section 112.061, Florida Statutes. All out-of-state travel, conference travel, meeting travel which includes a registration fee, and out-of-grant-specified work area travel shall require written approval of the State Safety Office prior to the commencement of actual travel as being within the travel budget of the project and relevant to the project. Out-of-state travel shall not be approved unless the specific trip is in the approved subgrant budget or the head of the Implementing Agency provides sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant activities. In addition, prior written approval shall be obtained from the State Safety Office for hotel rooms with rates exceeding $100 per day that are to be reimbursed. Rates exceeding $100 per day shall not be approved unless the hotel is the host facility for an approved conference or the average rate for all hotels in the area exceeds $100. 7, Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval from the State Safety Office for changes to the agreement. Changes to the agreement will be approved which achieve or improve upon the outcome of the subgrant work, or where factors beyond the control of the subgrantee require the change. For example: (a) Changes In project activities, milestones, or performance indicators set forth in the approved application. (b) Changes in budget items and amounts set forth in the approved application. (c) Changes to personnel in positions that are being reimbursed by this agreement. Changes to the subgrant agreement shall only be requested by the Authorized Representative of the Subgrantee or the Administrator of the Implementing Agency. Requests for changes to the subgrant budget must be postmarked no later than June 30 of the fiscal year to be considered. Requests for budget changes postmarked after June 30 will be denied. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwlde Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants), hereby incorporated by reference, the subgrantee shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The subgrantee or its implementing agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(g) and 41U.S.C. 253(g) (currently $25,000). 9, Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subgrantee or Its implementing agency shall report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee or its implementing agency to the State Safety Office. The subgrantee agrees that if the letter is not received in the 60 days, the State Safety Office will cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted by excusable delay, will extend the implementation date of the project past the 60-day period, but only by formal written approval from the State Safety Office. 11 ~ 5Q0.065.(), SAFETY 09105 10. Excusable Delays. (a) Except with respect to the defaults of sub grantee's or implementing agency's consultants and contractors which shall be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by reason of any failure In performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee or its implementing agency. Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee's.or its implementing agency's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee, Its implementing agency and its consultant or contractor, and without,the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee or its implementing agency in writing to procure such supplies or services from other sources, and (3) the subgrantee or its implementing agency shall have failed to comply reasonably with such order. (b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by anyone or more of the said causes, the delivery schedule shall be revised accordingly. 11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's employee, its implementing agency, or approved contractor or consultant performs the service required or when goods are received by the subgrantee or its implementing agency, notwithstanding the date of order. 12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the Implementing agency, the subgrantee's consultant(s) or contractor(s) and supplier(s), the subgrantee agrees that the Department will impose sanctions. Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subgrantee and its implementing agency of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect on the project. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 13. Access to Records and Monitoring. The Department, National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHW A), and the Chief Financial Officer and Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee and its implementing agency, and to relevant books and records of the subgrantee, its implementing agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law. In addition to review of audits conducted in accordance with OMB Circular A-133, as revised, hereby incorporated by reference, monitoring procedures will include, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and status checks of subgrant activity via telephone calls from Safety Office staff to subgrantees. By entering into this agreement, the subgrantee and its implementing agency agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the subgrantee or its implementing agency Is performed, the subgrantee agrees to bring the project into compliance with the subgrant agreement. The subgrantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee or its implementing agency in conjunction with the subgrant. 12 ~ ~ 5OO-06S<l1 SAFETY 09IIl5 14. Audit. The administration of resources awarded by the Department to the subgrantee may be subject to audits and/or monitoring by the Department. as described in this section. For further guidance, see the Executive Office of the Governor website. which can be found at: www.fsaa.state.f1.us. Recipients of federal funds (i.e. state, or local government, or non-profit organizations as defined In OMB Circular A-133, as revised) are to have audits done annually using the following criteria: In the event that the subgrantee expends $500,000 or more in Federal awards In Its fiscal year, the subgrantee must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Page 1 of this agreement indicates the source of Federal funds awarded through the Florida Department of Transportation by this agreement. In determining the Federal awards expended in its fiscal year, the subgrantee shall consider all sources of Federal awards, including Federal funds received from the Department of Transportation. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the subgrantee conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133. as revised. If the subgrantee expends less than $500,000 in Federal awards In its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the subgrantee expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds. Copies of audit reports for audits conducted in accordance with OMS Circular A-133, as revised, and required by this agreement shall be submitted, when required by Section .320 (d), OMS Circular A-133, as revised, by or on behalf of the subgrantee directly to each of the following: (a) Florida Department of Transportallon 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 (b) Federal Audit Clearinghouse Bureau of the Census 1201 East 10 Street Jeffersonville, IN 47132 (c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f). OMS Circular A- 133, as revised. In the event that a copy of the reporting package for an audit required by this agreement and conducted in accordance with OMB Circular A-133. as revised, is not required to be submitted to the Department for reasons pursuant to Section .320(e)(2), OMB Circular A-133, as revised, the subgrantee shall submit the required written notification pursuant to Section .320(e)(2) and a copy of the subgrantee's audited schedule of expenditures of Federal awards directly to each of the fOllowing: Florida Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 In addition, pursuant to Section .320(f), OMB Circular A-133, as revised, the subgrantee shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters Issued to the auditor, to the Department at each of the following addresses: 13 ~ SOO.()65-01 SAFETY 09105 Florida Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 15. Retention of Records. The subgrantee shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO, or Auditor General access to such records upon request. The subgrantee shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records related to un-resolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49 CFR, Section 19.53. 16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (FOOT Form Numbers 500-065-04 through 07). Appropriate documentation supportive of the reported costs must accompany each claim. The subgrantee or its implementing agency shall submit financial reimbursement forms to the Safety Office at least once each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. Reimbursement for subgrants with personnel costs shall be made after every two pay periods if paid bi-weekly. Personnel costs reimbursement shall be requested monthly If payroll is on a monthly basis. Failure to submit reimbursement requests in a timely manner shall result in the subgrant being terminated. All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more shall be accompanied by a Non-Expendable Property Accountability Record (FOOT Form No. 500- 065-09). Payment of the Operating Capital Outlay costs shall not be made before receipt of this form. A final financial request for reimbursement shall be postmarked no later than October 31 following the end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely manner shall result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount incurred if the final request is not postmarked by October 31 following the end of the subgrant period. The Safety Office has a 30-day review process of financial reimbursement requests from the date of receipt. Reimbursement requests will be returned if not completed properly. 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34,49 CFR, Section 19.36, or OMB Circular A-110, hereby incorporated by reference. In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) The copyright in any work developed under a subgrant or contract under a subgrant; and (b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant support. 1$. Property Accountability, The subgrantee or its implementing agency shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32,49 CFR 19, Section 19.34, or OMS Circular A-110, incorporated herein by reference. This obligation continues as long as the property is retained by the subgrantee or its implementing agency, notwithstanding the expiration of this agreement. 14 " 5Q0-065.01 SAFETY ....S 19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The sub grantee and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision. 20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publication and Printing of Observational Surveys and Other Reports. (a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence. (b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following statement on the cover page: (1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed In these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation, or any other agency of the State or Federal Government. 22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be othervvise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subgrantee and its implementing agency agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, incorporated herein by reference. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and US DOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and employees. The subgrantee and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the subgrantee's or its implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. 24. Disadvantaged Business Enterprises (DBE). (a) The subgrantee and its implementing agency agree to the following assurance: The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or In the administration of its DBE program requirea by 49 CFR, Part 26, incorporated herllin by reference. The subgrantee shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference. 15 ~ . 5QO.Q65.O, SAFETY 09105 (b) The subgrantee and Its implementing agency agree to include the following assurance In each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT -assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the subgrantee, its implementing agency, or the Department deems appropriate. n 25. Restrictions on Lobbying. The subgrantee and Its implementing agency agree to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state agencies. Section 216.347, Florida Statutes. 26. How Agreement Is Affected by Provisions Being Held Invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 27. Federal Requirement for Public Service Announcements. All public service announcements produced with Federal Highway Safety funds shall be closed captioned for the hearing impaired. 28. Public Awareness Materials and Promotional Items, All public awareness materials and promotional items reimbursed with subgrant funds shall contain a traffic safety message. Where feasible, either the Florida Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation." shall appear on all Items. The name of the subgrantee or implementing agency and its logo can appear on printed materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety funds. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the Items shall be submitted to the State Safety Office for review. The Office shall provide written approval for reimbursement if the items are appropriate for purchase under this agreement. Copies of all public awareness materials purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement for the items. 29. Term of Agreement. Each subgrant shall begin on the date of the last party to sign the agreement and shall end on September 30, following, unless otherwise stipulated by the State Safety Office on the first page of the respective agreement. The subgrant period shall not exceed 12 months. 30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards In excess of $1 00,000 the subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), herein incorporated by reference. The subgrantee shall include this provision in all subcontract awards in excess of $100,000. 31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a new position(s) through a subgrant shall provide written notification within 30 days of the agreement being awarded to the State Safety Office that a new position(s) has been created in the agency as a result of the subgrant being awarded. Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part through a subgrant, shall be the employee of the subgrantee or implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee or its implementing agency. 16 ~ soo.oo..." ~ SAFETY 09105 32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the subgrantee and its implementing agency; however, the USDOT maintains an interest in the equipment for three fiscal years following the end of the subgrant period. Any equipment purchased with Federal highway safety funds that is not being used by the subgrantee or Its implementing agency for the purposes described in the subgrant shall be repossessed by the State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this subgrant. 33. Replacement or Repair of Equipment. The subgrantee and Its implementing agency are responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment replacement. 34. Ineligibility for Future Furiding. The subgrantee and its implementing agency agree that the Department shall find the subgrantee or its implementing agency ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, (c) Failure to provide required quarterly and final reports in the required time frame, (d) Failure to perform work described in Part II of the subgrant agreement, (e) Providing fraudulent quarterly reports or reimbursement requests, (f) Misuse of equipment purchased with Federal highway safety funds. 35. Safety Beit Policy. Each subgrantee and implementing agency shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be submitted with the subgrant application. 36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached to the subgrant application. . Law enforcement agencies receiving subgrant funds shall participate in the safety belt enforcement waves conducted in Florida and shall report their participation on the appropriate form by the deadline. Failure to participate shall result in the subgrant being terminated. 37. Certification for Equipment Costing More than $500 per Item. The head of any Implementing agency purchasing equipment costing more than $500 per item shall send a letter to the Safety Office upon award of the subgrant certifying that none of the items being purchased with federal highway safety funds is replacing previously purchased equipment, whether the equipment was purchased with federal, state, or local funds. 38. Checkpoint Reporting. Any law enforcement agency that conducts OUt checkpoints shall attach a copy of the After Action Report for each checkpoint operation conducted during a quarter to its Quarterly Progress Report of Performance Indicators. 39, Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have at least one staff member who is a current Certified Child Passenger Safety Technician. Failure to comply with this provision shall result in the termination of this agreement. 40. Speciai Conditions. The Implementing Agency shall particiapte in the You Drink & Drive. You Lose. Sustained Enforcement Program and submit monthly reports. Failure to submit monthly reports shall be grounds for cancelling the project. 17 ~ 500-065-01 - SAfETY 09105 PROJECT NUMBER: J8-06-06-04 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. (For DOT Use Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SUBGRANTEE By a-~ Assistant Secretary for Engineering & Operations City ofDelray Beach - Police Department Name of Applicant Typed AJ)f kj(i~ Signature of Authorized Representative By: Tille: David T. Harden Authorized Representative's Name Typed Date: /o//Io~ . . Title: City Manager q (.llil c ("" Attest: 12J)ev d ~-:-- Date: Attest: FEDERAL FUNDS ALLOCATED $41,603,00 ADMINISTRATOR OF IMPLEMENTING AGENCY ~/- Signature of Administrator By: Reviewed for the Department of Transportation: By: ~:- ~c;'? / - A orney .,;:fOT ;/'/ Joseph L. Schroeder Administrator's Name Typed Date: c;/'_ vl-:: r-- Title: Chief of Police NOTE: No whiteout or erasures accepted on this signature page. 18 -- .~ - ~ , .... ~ Florida Department of Transportation JEB BUSH GOVERNOR 605 Suwannee Street T alJahassee, FL 32399-0450 September 19, 2005 DENVER J. STUTLER, JR., P.E. SECRETARY To Whom It May Concern: Until such time as the State Safety Administrator position in the DOT Safety Office is filled, Traffic Safety Administrator, Carla G. Sims has signature authority for me on all sub grant applications awarded. SinCe~el~,~ / ~j~- Kevamb~ult, P.E. Assistant Secretary for Engineering and Operations KT/cs cc: Applications File www.dot.state.fl.us DELRA Y BEACH POLICE DEPARTMENT SEATBELT USE/RESTRAINING DEVICES Original Issue: 0510412004 I Effective: 0510412004 . Distribution: All Revision Number: New Order CFA Standards: 17.10M I. POLICY The Oelray Beach Police Department requires members and passengers to use seat belts and/or restraining devices in police vehicles. In circumstances in which the use of seatbelts and/or restraining devices may hamper officer safety or efficient performance of law enforcement functions, supervisory exemptions will be granted. II. THE ORDER 1.0 Seatbelt Use and Responsibility 1.1 All Department members operating or riding in a City owned vehIcle will use seatbeltslrestraining devices as required by City policy GA-15; Use of Seat Belts. 1.2 Seatbelt usage is mandatory for citizens who are passengers in Department-owned vehicles. a. Members will secure arrestee/detainees in a transport vehicle with seat belts, if equipped, unless they are violent, pose a threat to officer safety or other exigent circumstances per G.O. 112, Section 5.12. 1.3 Child restraint device usage is mandatory while transporting a child in a City-owned vehicle. a. For children aged through 3 years, such restraint device must be a separate carrier or a vehicle manufacturer's integrated child seat. b. For children aged 4 through 5 years, a separate carrier, an integrated child seat, or a seat belt may be used. 2.0 Procedures for Seatbelt Use 2.1 When the use of seatbelts would have an adverse affect on officer safety or interfere with tactical or other functions, an exception to this procedure will be granted ~ General Order 1907 by a first-line supervisor and/or commanding officer. 2.2 Exceptions to the wearing of seatbelts will be granted for a specific incident or special operation, not to extend beyond completion of the operation or the end of the duty shift for the day. 2.3 No person will operate a Department vehicle In which the driver's seatbelt Is inoperable. . 2.4 No person will be transported in the front passenger seat if that seat belt is inoperable. 2.5 No person will disable or circumvent any sealbelt, supplemental restraint system, or restraint system, either by disconnection, damage or any other means. ~ JOSEPH L. SCHROEDER CHIEF OF POLICE Reference: G.O.112 City Administrative Policy & Procedure GA-15 F.S.S. 316.614 Safety Selt Usage F.S.S. 316.613 Child Restrainl Requirements 1 of 1 Date: October 17. 2005 AGENDA ITEM NUMBER: ~ AGENDA REOUEST Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda~ _ Special Agenda When: October 25. 2005 Description of agenda item (who, what, where, how much): The Delray Beach Police Department has received notification from Florida Department of Transportation (FOOT) that The City of Delray Beach has been awarded a Highway Safety Grant for Driving Under the Influence (DUI) in the amount of $41,603.00. This grant covers 50% of the DUI Officer's salary and will complete the third and final year of the DUI Grant. Upon your approval we will be able collect funds for this project on a quarterly basis. Department Head Signature: City Attorney Review/Recommendatio Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda& / No Initials: Z71 Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER PM AGENDA ITEM # ~ - REGULAR MEETING OF OCTOBER 25. 2005 SERVICE AUTHORIZATION #18/CURRIE SOWARDS AGUILA ARCHITECTS SUBJECT: DATE: OCTOBER 21, 2005 This is before the Commission to approve Service Authorization No. 18 to Currie Sowards Agnila Architects in the amount of $147,500.00 for consulting services for the design and construction of the proposed new Administration Building at the Environmental Services Department (ESD) site. The scope of the contract includes preparation and submittal of materials sufficient for site plan approval by the Site Plan Review and Appearance Board (SPRAB) and preparation of construction documents sufficient for permitting and construction; including all professional services. The total proposal for the described scope is $147,500.00 which includes a $4,500.00 allowance for reimbursable expenses. Optional services include construction administration for an additional $37,500.00 if authorized by the City at a future date. A current estimate for construction of the building is $2,750,000.00 with consulting services representing approximately 6.4% of the estimated construction cost. Funding is available from 441-5161-536-62.32 (Water/Sewer Fund/ESD Building Expansion). Recommend approval of Service Authorization No. 18 to Currie Sowards Agnila Architects in the amount of $147,500.00 for the new Administration Building at the ESD Site. S:\City Clcrk\agcnda mcmos\SA 18 Currie Sowards 102505 City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www.mydelraybeach.com TO: David T. Harden, City Manager 17 c:~ Richard C. Hasko, P.E., Environmental Services Director ~ FROM: SUBJECT: ESD BUILDING EXPANSION DATE: October 18, 2005 Attached is Service Authorization #18 for Curry, Sowards, Aguila Architects for provlSlon of professional consulting services required for the design and construction of the proposed new Administration Building at the Environmental Services Department site. The scope of the contract includes preparation and submittal of materials sufficient for site plan approval at SPRAB, preparation of construction documents sufficient for permitting and construciton of the facility, including all professional services, i.e., architectural, civil site design, MEP, irrigation and landscaping. The total proposal for the described scope is $147,500 which includes a $4,500 allowance for reimbursable expenses. Optional services include construction administration for an additional $37,500 if authorized by the City at a future date. With a current estimate for construction of the building at $2,750,000, consulting ServIces as described represent approximately 6.4% of the estimated construction cost. Funding for this agreement is available in W&S New Capital account #441-5161-536-62.32, ESD Building Expansion. Please place this item on the agenda for the October 25, 2005, regular meeting for consideration by City Commission. Cc: Randal Krejcarek, P.E., City Engineer Victor Majtenyi, Construction Manager CURRIE. SOWARDS · AGUILA · ARCHITECTS Robert o. Currie. AlA Jess M. Sowards, AlA Jose N. Aguila, AlA CURRIE SOWARDS AGUILA ARCHITECTS CONSULTING SERVICE AUTHORIZATION DATE: Octol:>er 17. 2005 SERVICE AUTHORIZATION NO. E~htun 18 FOR PROFESSIONAL CONSULTING SERVICES CI1Y P. O. NUMBER: CI1Y EXPENSE CODE: TITLE: Environmental Services Depan;ment Administration Buildin<:l CSAA # 050302 This Service Authorization. when =uUd. shall I:>e incorporaUd in and shall I:>ecome an Integral pan; of the Agrument daUd March 29. 1996. as amended. I:>/:tWun the City of Delray Bt:ach and The Rol:>en; G. Currie ParWen:;hlp. Inc.. dl:>a Currie Sowards Aguila Archit/:ct5. PROJECT DESCRIPTION Project generally consists of providing Site Plan approval services and permit and construction documents for a 1 story office building for the Environmental Services Department of the City of Delray Beach. This office building will be approximately 11,000 square feet of floor area and will be located at 400 South Swinton Avenue on a portion of a larger site owned by the City. The documents will be prepared based upon the conceptual site plan, floor plan and elevation dated 9-6-05 previously approved by City staff. It is anticipated that some minor modifications will likely be required upon further development of the documents. II SCOPE OF SERVICES Scope of services will generally include the following services: A. Site Planning Approval Services - (SPRAB) B. Schematic Design C. Design Development D. Construction Documents E. Bidding Assistance F. Permitting Assistance G. Limited Construction Administration Services H. Civil Engineering limited to partial site boundary I. Landscape Architecture limited to partial site boundary J. Structural Engineering Services K. Mechanical, Electrical and Plumbing Engineering Services L. Architectural Services M. Technical Specifications r"ORMERLY ROBeRT Q. CURRIe. PARTNeRSHIP, INC.' AlA I"LORIDA 1"IRM Of THe yeAR 2000 134 Northeast I"lrst Avenue 'Delray8each, r"lorlda33444 '.561-276.49"1' l"ax:.561-24.3-8184 'AA000227l www.currlearc.com m The following items include services NOT INCLUDED A. Soil Borings and Recommendations B. Survey - Boundary, Tree. Topographic. Environmental. etc. C. Furniture, Fixtures and Equipment Selection D. Fire protection design services E. Renderings or Models F. Threshold Inspections G. Cost Estimates H. SFWMD agency review I. Application or agency fees of any kind TASK II-A SITE PLAN APPROVAL PHASE This phase will include the necessary documents required to obtain site plan approval from the City of Delray Beach. In this phase a landscape planting plan and preliminary civil engineering will be required in addition to the architectural site plan. floor plan and elevations. TASK 11-6 CONSTRUCTION DOCUMENT PHASE This phase will include the necessary documents required to obtain a building permit from the City of Delray Beach. In this phase the architectural. landscape and irrigation, engineering and specifications will be completed. Also included in this phase will be building permitting and bidding assistance. TASK II-C CONSTRUCTION ADMINISTRATION PHASE - Optional This phase will generally include response to RFI's. review of general contractors request for payment. shop drawing review and periodic site visits to observe progress of construction activities. III BUDGET Professional services and preparation of required drawings, specifications. and details, and attendance at required meetings as described above will be completed for a lump-sum-fee as follows: . Task II-A $ 37,000.00 . Task II-B $106.000.00 . Task II-C $ 37,000.00 (optional if authorized) for a totallump-sum-fee for Tasks II-A and B of One Hundred and Forey-Three Thousand Dollars ($143.000.00) and No Cents. Reimbursable expenses are in addition to the above expected to be no more than $4.500.00 Dollars, which will not be exceeded without prior authorization. IV COMPLETION DATE Each Task wili be completed in an expeditious manner, consistent with a written Notice to Proceed from the City. However, we estimate Task II-A to be completed within 90 days of NTr, and Task II-B to be completed within 145 days from NTP. /// -/-/-/ --;-/:"/ -./ -./ -./ This Service Authorization Is approved contlngent upon the City's acceptance of and satisfaction with the completion of services rendered In the previous phase or as encompassed !:>y the previous Service Authorization. If the City In Its sole discretion Is unsatisfied with the service provided in the previous phase or Service Authorization, the City may terminate the Contract without incurring any further lIal:>lIity. The CONSULTANT may not commence work on any Service Authorization approved !:>y the City to I:>e included as part of the Contract without a further notice to proceed. Approved !:>y: Dau: Dau: " ..' I.... )", , I', "J; "J:'; : ., .,. ..' J,'.... CITY OF DELRAY BEACH CURRIE SOWARDS AGUILA ARCHIn:qS .,.',:;; .,l' ") ,,' " .' ...\.' Jeff Perlman, Mayor Attest: STATE OF FLORIDA COUNTY OF PALM BEACH The following instrument was acknowledged Before me this ..!.2..- Day of Clc::r-o ~ 2005, !:>y Jose ^'<lulla, of Currie Sowards ^'<lulla Architect!;. a professional Association. He i personally known to me and did not take an ~.. Notary Pul:>lic My Commission Expires: ",,,UtH"Ib... "'~:~w\een D,;:,,,,,... ~ ~"""""''O' "'I! ~ .__~\SSlONet'" ~ ~ ...~ ~7,~~~... \, : ::....:j~ S ~ ~ = .~ ,*= =*: ... : = ~ ~\ 100116008 .: ~ i 'i '0 "sr$ ':>.-' S"~"" ,"or. :ill!: -'-'0. '. . . A.;..~ ~ ,'"I'" e. ...&"'(-...... ~ ..c,.:........ \J' ," :IJ',1/~ VtiLIC Sl..~...~... "I"".'llU.,I'\\' )ii'.t / ;';'~', / .,Y':Y'/ ";0(." 07 5{"3 '" ~ '" "' '" "' '" '" "' i " z >= '" f.j E-< Z J:il ~ ~ 0: J:il Cl C/J J:il U ....... ~ J:il C/J ....:l ~ Z J:il ~ Z o ~ ....... ~ J:il ::r: U o::r.: J:il CO ~ ....:l J:il Cl ~ o ~ ....... U f'! u w . >- " - . r 0 u .2> ~ . <( . . 0 <( (; ...J -- S ~ c.:> C <( - " ~ rJJ ~ o 0 ~ ~ <( - :s: Q. o ~ rJJ U . 2 w::c _ U ~ " ~ <! ::J U II z ~ zEfj W >- Ui "' >- . ~ ",'" <{ g <7 ~ ZlItOco ~~m~ :J W .J W...JUj <( a::: <(I-r- o..iili3i? AGENDA ITEM NUMBER: ~ AGENDA REQUEST Date: October 18, 2005 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: October 25, 2005 Description of agenda item: Staff requests Commission approval of Service Authorization #18 to Curry, Sowards, Aguila Architects in the amount of $147,500 for professional consulting services required for design and construction of the proposed ESD Administration Building at the Environmental Services Department site. Scope includes preparation of materials for site plan approval and subsequent permitting and construction of the facility. Current construction budget for the facility is $2,750,000. Funding is available in W&S New Capital account # 441-5161-536-62.32, ESD Building Expansion. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES YES NO NO x X Recommendation: ion #18. Department Head Signature: /o-//r-.:J5 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: r9 i<< Funding alternatives (if applicable): No Account Number: L/4/- 51kl - 5 5~ (.,2 -32- [SO 6uJ1d'/1S i'ff4t1.s(~ $2.<; 10, !,.')(). . , Account Description: Account Balance: City Manager Review: Approved for Agenda: (9 m No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # AGENDA ITEM NUMBER: MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER{,7!/ AGENDA ITEM # ~ - REGULAR MEETING OF OCTOBER 25. 2005 CHANGE ORDER NO.3 (CONTRACT ADDlTION:)/ROSSO PAVING AND DRAINAGE. INC. SUBJECT: DATE: OCTOBER 21, 2005 This is before Commission to approve Change Order No.3 (Contract Addition) in the amount of $75,958.65 to Rosso Paving and Drainage, Inc. for the N.E. 4'" Avenue Project. Funding is available from 334-3162-541-65.81 (General Construction Fund/N.E. 4'" Avenue), 448- 5461-538-65.81 (Stormwater Utility Fund/N.E. 4'h Avenue), and 442-5178-536-63.50 (Water/Sewer Renewal and Replacement Fund/Water Mains). Recommend approval of Change Order No.3 (Contract Addition) in the amount of $75,958.65 to Rosso Paving and Drainage, Inc. for the N.E. 4'" Avenue Project. S:\City Clerk\agenda memos\CO Contract Addition Rosso Paving NE 4th Ave 102505 M City Of Delray Beach Department of Environmental Services M E M o R A N D u M www.mydelraybeach.com TO: David Harden, City Manager FROM: Rafael Ballestero, Deputy Director for Construction N.E. 4TH AVENUE IMPROVEMENTS (PIN 2003-038) ~ Change Order #3, Contract Addition SUBJECT: DATE: OCTOBER 19, 2005 Attached is a request for the City Commission to approve Change Order #3 (Contract Addition) to Rosso Paving and Drainage, Inc. for several items on the above referenced project. These items include: 1. Modifications to reinstall parking lot exits, and to improve drainage, at the northeast corner of NE 4th Avenue and NE l' Street. The cost for this work is $14,971.68. 2. Modify alley aprons north of Atlantic Avenue to accommodate delivery truck access, and miscellaneous changes. The cost for this work is $8,057.58. 3. Convert draina~e inlet to manhole and adjust to proposed pavement elevation, at the southeast corner of NE 4t Avenue and NE 1't Street. The cost for this work is $2,616.83. 4. Remove asphalt paving, install drainage and brick pavers in front of 143 to 155 NE 4th Avenue, to resolve drainage issue. The cost for this work is $47,411.31. This cost will be shared with the CRA. The City will pay $22,890.00, and the CRA will pay $24,521.31. 5. Adjust fire hydrant elevation and convert another drainage inlet to manhole, at the northeast corner of NE 4th Avenue and NE 1't Street. The cost for this work is $2,901.25. 6. Total cost for all work is $75,958.65 Staff recommends award of contract addition #3 to Rosso Paving and Drainage, Inc. in the amount of $75,958.65, on the N.E. 4th Avenue Improvements Project, PIN 2003-038. Funding is available as follows: Funding Source General Capital (1) Drainage (2) Sanitary Sewer R&R Total Account Number 334-3162-541-65.81 448-5461-538-65.81 442-5178-536-63.50 Amount $24,521.31 $48,536.09 $2,901.25 $75,958.65 Notes: (1) Funding to be provided by CRA (2) Funding to be provided via attached transfer CC: Richard Hasko; Director of ESO Diane Colonna, eRA Director Randal Krejcarek; City Engineer Victor Majtenyi, Construction Manager City Clerk's Office Agenda File File 2003-038(A) S:\EngAdmin\Projects\2003\2003~038\CONSTRUC1\Agenda memoCQ#3 Rosso to.2S.0S.doc CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 3 (Contract Addition) PROJECT NO. 03-038 DATE: PROJECT TITLE: TO CONTRACTOR: N.E. 4th Avenue Improvements Rosso Paving & Drainage, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: 1. Modifications to reinstall parking lot exits, and improve drainage. 2. Modify alley aprons to accommodate delivery truck access, and misc. changes. 3. Adjust elevation / convert inlet to manhole, SE comer 4th Ave / 1st Street 4. Remove asphalt; install drainage and brick pavers, 143 to 155 NE 4th Ave. 5. Adjust hydrant, and convert inlet to manhole, NE corner 4th Ave / pt Street $14,971.68 $8,057.58 $2,616.83 $47,41 I.31 $2901.25 Total: $75,958.65 SUMMARY OF CONlRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONlRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 8.48 % TOTAL PER CENT INCREASE TO DATE 15.64 % TOTAL CONTRACT TIME WILL BE INCREASED BY 4 I DAYS CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accnrate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. $895,651.65 $64. 110.45 $960,062. I 0 $75.958.65 $ 1,036,020. 75 Rosso Paving & Drainage, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPAR1MENT INITIATING CHANGE ORDER Funding Source General Capital (1) Drainage (2) Sanitary Sewer R&R Total Account Number 334-3162-54H;5.81 448-5461-538-65.81 442-5178-536-63.50 Amount $24,521.31 $48,536.09 $2,901.25 $75,958.65 DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: Environmental Services Mayor ATTEST: By: APPROVED: City Attorney City Clerk S:\EngAdmin\Projects\200J\2003-038\CONSTRUCT\C0#3 Rosso IO.18.05.doc revised , ROSSO PAVING & DRAINAGE, INC. 350 Martin Lane (561) 688-0288 West Palm Beach, FL 33413 Fax (561) 688-0118 August 29, 2005 City ofDelray Beach looN.W.lst Avenue Bldg. Dept. Delray Beach, FL 33444 Attn: Mr. Rafael Ballestero RE: NE 4TI1 Avenue, from E. Atlantic Ave, to NE 2nd, Project 2003-038 CHANGE ORDER # 5 Dear Rafael, We respectfully submit the following request for change order for the above referenced project. The additional work involved Storm Drainage Revisions at the N,E. comer ofN,E. 1 st Street and N.E. 4th Ave. Summary JIDA VIS WORK.: Mob/Demob Type P Inlet 18" RCP Convert Inlet to Type 7 Manhole Core & Tie Existing Structure Credit USF 5130-6016 lLS @ lEA @ 28LF @ lEA @ lEA @ lEA @ $ 500.00 $3,500,00 $ 48.00 $1,800.00 $1,092.50 ($ 505,00) $ 500.00 $ 3,500,00 $ 1,344,00 $ 1,800.00 $ 1,092.50 ($ 505.00) $ 7,731.50 $ 386.58 Sub Total: Rosso 5% ROSSO WORK.: 1. Placed 100 LF of 'F' curb: Per contract unit price Remove 110 LF of'F' curb: 2. Remove 35.55 SN ofbase material: $ 1,661.00 $ 1,200.00 $ 706.60 3, Prepare 11 0 LF of curb pad: $ 1,100,00 $ 2.186.00 4. Furnish and place flowable fill: 35 slyds @ $ 62.46 GRAND TOTAL: ITEMS COVERED BY UNIT PRICE 5. Furnish and paverbrick: approx. 315 sift. measured in field. The contract time will increase by 10 days due to this change order. $ 14,971.68 ROSSO PAVING & DRAINAGE, INC. 350 Martin Lane (561) 688-0288 West Palm Beach, FL 33413 Fax (561) 688-0118 August 31, 2005 City of Delray Beach 100N.W. 1st Avenue Bldg. Dept. Delray Beach, FL 33444 Attn: Mr. Rafael Ballestero RE: NE 4TH Avenue, from E. Atlantic Ave. to NE 2nd, Project 2003-038 CHANGE ORDER # 6 Dear Rafael, We respectfully submit the following request for change order for the above referenced project. A) Alleyway - approximately 200 LF North of Atlantic on East side. Widened approach. 1. Remove and replace "F" curb 2. Remove and replace ribbon curb 3. Extend flowable fill area. 4. Re-grade area for pavers. $2,250.00 B) In front of yellow building under construction, West side of street. Met with Rafael And GC on 7/21/05. Told to remove all concrete in front of building. I. Y:z load of concrete 2. Equipment - Loader 3 hrs. 3. Labor - 3 men, 3 hrs. $ 660"00 C) Parking lot North of 65 N.E. 4th new building, East side. I. Removed concrete curb's both sides $ 400.00 ROSSO PAVING & DRAINAGE, INC. 350 Martin Lane (561) 688-0288 West Palm Beach. FL 33413 Fax (561) 688-0118 September 20, 2005 City ofDelray Beach 100N.W. 1st Avenue Bldg. Dept. Delray Beach, FL 33444 Attn: Mr. Rafael Ballestero RE: NE 4TH Avenue, from E. Atlantic Ave. to NE 2nd, Project 2003-038 CHANGE ORDER # 8 Dear Rafael, We respectfully submit the following request for change order for the above referenced project. 1. Trench Drain 137LF @ $90.00 $ 12,330.00 $ 300.00 2. Remove 31' of 'F' curb 3. Replace 27' of 'F' curb $ 675.00 4. Excavation $ 3,475.00 5. Patch where curb was removed $ 2,000.00 6. Furnish and place curb on both sides of trench drain 6 X 6 $ 4.110.00 Total: S 22,890"00 AS PER BID ITEMS 1. Paver brick installation to be paid under contract amount and measured in field +- + - 2192.04 @ $7.75 $ 16,988.31 2. Flowable fill or crushed concrete 243 SY @ $31.00 $ 7.533.00 Total: $ 24,521.31 GRAND TOTAL: $ 47.411.31 The contract time will increase by 21 days due to this change order. Respectfully, ~!~1J4 Vice-President ROSSO PAVING & DRAINAGE, INC. 350 Martin Lane (561) 688-0288 West Palm Beach, FL 33413 Fax (561) 688-0118 October 7, 2005 City of Delray Beach 100N.W. 1st Avenue Bldg. Dept. Delray Beach, FL 33444 Attn: Mr. Rafael Ballestero RE: NE 4TH Avenue, from E. Atlantic Ave. to NE 2nd, Project 2003-038 CHANGE ORDER # 9 Dear Rafael, We respectfully submit the following request for change order for the above referenced project. 1. Furnish & install 6' F,H. ext. S 450.00 2. Convert inlet to manhole. S 1,800.00 Mobilization/Demobilization S 275.00 Total: S 2,525.00 Rosso 5% S 126.25 Total: $ 2,651.25 3. Re-grading. S 250.00 Grand Total: $ 2,901.25 The contract time will increase by * days due to this change order. Respectfully, ~od Ii? 3rJ9~ ~1;~' ??/L ~ ~ _ President ~ 101m/os Agenda Item No.: ~ AGENDA REQUEST DATE: October 19, 2005 Request to be placed on: ---1L- Regular Agenda _ Special Agenda _ Workshop Agenda WHEN: October 25, 2005 Description of item (who, what, where, how much): Request to approve Change Order #3 (Contract Addition) to Rosso Paving and Drainage, Inc., on the NE 4th Avenue project. These items include: 1. Modifications to reinstall parking lot exits, and to improve drainage, at the northeast corner of NE 4th Avenue and NE 1'1 Street. The cost for this work is $14,971.68. 2. Modify alley aprons north of Atlantic Avenue to accommodate delivery truck access, and miscellaneous changes. The cost for this work is $8,057.58. 3. Convert drainage inlet to manhole and adjust to proposed pavement elevation, at the southeast corner of NE 41h Avenue and NE 1'1 Street. The cost for this work is $2,616.83. 4. Remove asphalt paving, install drainage and brick pavers in front of 143 to 155 NE 41h Avenue, to resolve drainage issue. The cost for this work is $47,411.31. This cost will be shared with the CRA. The City will pay $22,890.00, and the CRA will pay $24,521.31. 5. Adjust fire hydrant elevation and convert another drainage inlet to manhole, at the northeast corner of NE 41h Avenue and NE 1" Street. The cost for this work is $2,901.25. 6. Total cost for all work is $75,958.65 Funding is available as follows: Funding Source General Capital (1) Drainage (2) Sanitary Sewer R&R Total Notes: (1) Funding to be provided by CRA (2) Funding to be provided via attached transfer Account Number 334-3162-541-65.81 448-5461-538-65.81 442-5178-536-63.50 Amount $24,521.31 $48,536.09 $2,901.25 $75,958.65 ORDINANCEIRESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendatio ontract Addition) to Rosso Paving and Drainage, Inc. Department Hea Signature: ]V-U9'uS Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (r~qUir. d on all items involving expenditure of funds): Funding availabl YE NO (,I:t Funding alternativ (if applicable) Account No. & Description See above Account Balance See above .fu,d.').34 r Cd<f~"'~~~~ t~ /;~v /JW. Qq1.u~ -<4"~ .MV;4a(!L.- bid' .....-o...~?-. ~/ji' -1J~d'ifC.fr/J4.~ .!NiJ-#/:lSll/tfc7 ~eu:: 'if I~;j~ City Manager Review: f3 Approved for agenda: EJ/NO {)~.. Hold Until: L . Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2003-038(A) S:\EngAdmin\Projects\2003\2003-038\CONSTRUC1\Agnd req C0#3 Rosso IO.2S.0S.doc [ITY DF DElAAY BEA[H 61<, .. .....uJ1/1 ';;;":'\, I ~, \ ;1 CITY ATTORNEY'S OFFICE 200 NW I st AVENUE' DELRA Y BEACH. FLORIDA 33444 TELEPHONE: 561/2437090' FACSIMILE: 561/278-4755 DELRAY BEACH ~ Ail-America City , , II I! ~;TE 1993 2001 Writer's Direct Line: 561/243-7091 MEMORANDUM October 19, 2005 City Commission David Harden, City Manager Terrill C. Barton, Assistant City Attorney ,jCiB SUBJECT: Resolution No. 86-05 FROM: Attached please find a resolution proposing to name the Fire-Rescue Training Center at 80 Depot Avenue in Delray Beach, Florida, the "Peter L. Firehock Fire- Rescue Training Center" in honor of Paramedic Peter L. Firehock Please place this item on the October 25, 2005 Commission agenda for the Commission's consideration. Thank you. TCB:smk cc: Chevelle Nubin, City Clerk ~G RESOLUTION NO. 86-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING PARAMEDIC PETER L. FIREHOCK BY NAMING THE FIRE-RESCUE TRAINING CENTER AT 80 DEPOT AVENUE IN DELRAY BEACH, FLORIDA, "THE PETER L. FIREHOCK PUBLIC SAFETY TRAINING CENTER"; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to recognize and honor Paramedic, Peter L. Firehock, for his twenty-three (23) years of dedicated service to the City of Delray Beach; and WHEREAS, Peter L. Firehock created the Delray Beach Fire Department's Dive Team and he trained hundreds of Fire Fighters in Delray Beach and neighboring municipalities; and WHEREAS, Peter L. Firehock was a great leader and is being honored for his hard work, loyalty, dedication and service to the City of Delray Beach; and WHEREAS, the City Commission desires to name the Fire-Rescue Training Center on 80 Depot Avenue in Delray Beach, Florida, in Peter Firehock's honor as "The Peter L. Firehock Public Safety Training Center"; and WHEREAS, in the event the City no longer owns the property, then the City Commission and the Fire Chief agree to use their best efforts to honor Peter L. Firehock with another suitable memorial. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section I. The City Commission of the City Delray Beach recognizes Paramedic Peter L. Firehock for his leadership, dedication and service to the City for over twenty-three (23) years. Section 2. The City Commission shall honor Peter L. Firehock by naming the Fire-Rescue Training Center currently located at 80 Depot Avenue in Delray Beach, Florida, "The Peter L. Firehock Public Safety Training Center". Section 3. In the event the City no longer owns the property, then the City Commission and the Fire Chief desire to honor Peter L. Firehock with another suitable memorial. Section 4. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the _ day of ,2005. MAYOR ATTEST: City Clerk 2 RES. NO. 86-05 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER rr1 I AGENDA ITEM # ~ \-\ - REGULAR MEETING OF OCTOBER 25. 2005 GRANT AWARDS FOR HOUSING REHABILITATION CONTRACTS TO: SUBJECT: DATE: OCTOBER 21, 2005 This is before the Commission to consider approval of the following housing rehabilitation contracts: . $15,907.50 to Preston Construction for 351 N.W. 4"' Avenue . $20,291.25 to South Florida Construction for 147 S.W. 14"' Avenue Funding for the total amount of $36,198.75 is available from 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP) program/Housing Rehabilitation). Recommend approval of the housing rehabilitation grant/contract awards as outlined above. S:\City Clcrk\agenda memos\CDBG Housing Rehab Award 102505 MEMORANDUM TO: David Harden, City Manager .J. I~ Kendra W. Graham, C. D. Administrator o/Y ~ Lula Butler, Community Improvement Director ~ October 20, 2005 FROM: THRU: DATE: SUBJECT: Community Development Division Housing Rehabilitation Grant Award ITEM BEFORE THE COMMISSION Approval is requested for one (!) Housing Rehabilitation grant award( s) to the lowest responsive bidder. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsible bidder as it relates to the Division's professional in-house estimate. This serves to disqualifY unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated amount of funding required. RECOMMENDATION Staff recommends awarding the bid for one (1) Housing Rehabilitation project(s) to the verified responsible low bidder(s) and authorize award in the following amount: Case Number Address Contractor Grant Amount 04-030 I 351 NW 4th Avenue I Preston Construction I $ 15,907.50 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2005-37 APPLICANT: Reber Rowell PROJECT ADDRESS: 351 NW 4th Avenue DATE OF BID LETTERS: 07/14/05 DATE OF BID OPENING: 07/28/05 GENERAL CONTRACTORS BID AMOUNT Cordoba Construction Co., Inc. Henry Haywood South Florida Construction Sun Band Builders Construction Tommy Preston $22,715.00 $15,150.00 ROOFERS Horizon Roofing Petito Roofing Roofing Team Inc. Wrights Way Roofing In-House Estimate $11,476.25 CDNTRACTOR AWARDED CONTRACT: I Preston Construction BID/CDNTRACT AMOUNT: Contingency 5% $15,150.00 757.50 $15,907.50 FUNDING SOURCE: SHIP Full Housing Rehabilitation Program Account #118-1924-554-49.19 CDMMENTS: Lowest contractor bid was awarded. S:renpgrmjbiddocsjbidinfosheet MEMORANDUM TO: David Harden, City Manager \ t .~V'l Kendra W. Graham, C. D. Administrator ~ -~ Lula Butler, Community Improvement Director u0 FROM: THRU: DATE: October 20, 2005 SUBJECT: Community Development Division Housing Rehabilitation Grant Award ITEM BEFORE THE COMMISSION Approval is requested for one (I) Housing Rehabilitation grant award(s) to the lowest responsive bidder. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsible bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated amount of funding required. RECOMMENDATION Staff recommends awarding the bid for one (1) Housing Rehabilitation project(s) to the verified responsible low bidder(s) and authorize award in the following amount: Case Number Address Contractor Grant Amount 04-009 1147 SW 14th Avenue I South Florida Construction I $ 20,291.25 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2005-37 APPLICANT: Louise Applewhite PROJECT ADDRESS: 147 SW 14th Avenue DATE OF BID LETTERS: 07/14/05 DATE OF BID OPENING: 07/28/05 GENERAL CONTRACTORS BID AMOUNT Cordoba Construction Co., Inc. South Florida Construction Son;Mci(tiBbnders~0l1[1structi611 . " " " ,....~";_;. - ' '0, ,,,,', , ,',,' C. ",''',,~'': ' ' Tommy Preston $19,325.00 $22,600.00 ROOFERS .-."' .',",-. ".~,:,.,.~,.,...,..,>,.."~.~.....<::,,,... {f.jo([~~'RO,,!!fji1tg .,..c"-,,," _.,_' -,,,,_.,.,;~_::.:.;;._..,,,.L_;.,.c Petito Roofing Wrights Way Roofing In-House Estimate $20,712.05 CONTRACTOR AWARDED CONTRACT: ISouth Florida Construction BID/CDNTRACT AMDUNT: Contingency 5% $19,325.00 966.25 $20,291.25 FUNDING SOURCE: SHIP Full Housing Rehabilitation Program Account #118-1924-554-49.19 COMMENTS: Lowest contractor bid was awarded. S:renpgrm/biddocsjbidinfosheet ~ < , Agenda Item No.: '6\\ AGENDA REOUEST Request to be placed on: _ Regular Agenda _ Special Agenda _ Workshop Agenda _ Consent Agenda Date: October 20, 2005 When: October 25,2005 Description of item: (who. what. where, how much): Case Number Address Contractor Grant Amount 04-030 1351 NW 4th Avenue I Preston Construction I $ 15,907.50 ORDINANCEIRESOLUTION REQUIRED: YES/NO Draft attached: YES/NO Recommendation: Staff recommends approval of one (I) State Housing Initiatives Partnership Program Rehabilitation Grant in the amount listed above for a total award of $15,907.50. SHIP Total: $ 15,907.50 Account Number: 118-1924-554-49.19 Department Head Signature: ~ ~- ./3f~ -::::, City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~Q0bf Funding Alternatives: (if applicable) Account No. & Description: //8-/9Z'l- S!i4f. <19'-17 - HotLS'r:! ;;?fMIJ ;/rJqf,0- Account Balance: .$/88, (p S-S: . , City Manager Review: Approved for Agenda: Hold Until: @/NO [l'1 Agenda Coordinator Review: Received: Placed on Agenda: Agenda Item No.: ~\\ AGENDA REOUEST Request to be placed on: _ Regular Agenda _ Special Agenda _ Workshop Agenda _ Consent Agenda Date: October 20, 2005 When: October 25, 2005 Description of item: (who, what where, how much): Case Number Address Contractor Grant Amount 04-009 1147 SW 14th Avenue 1 South Florida Construction I $ 20,291.25 ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YESINO Recommendation: Staff recommends approval of one (1) State Housing Initiatives Partnership Program Rehabilitation Grant in the amount listed above for a total award of $20,291.25. SHIP Total: $ 20,291.25 Account Number: 118-1924-554-49.19 cAl~ ff~~ ~- J L Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: @O U:>L Funding Alternatives: (if applicabl,;:) Account No. & Description: 11,f~/9'2'I- <;;'SV <-19-19 ,L/,;ws/YlJ 4ha6,J,iaAoy- Account Balance: ~/86 ,lJ S-:S"", City Manager Review: Approved for Agenda: Hold Until: @NO{lJ1 I Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: David T. Harden, City Manager THRU: Lula Butler, Community Improvement Director {b FROM: Kendta W. Graham, Community Development Administrator DATE: October II, 2005 SUBJECT: Request for Subordination - Applicant (Anthony & Shuntell Simmons)) ITEM BEFORE THE COMMISSION City Commission authorization and approval to subordinate its second mortgage position in the amount of $27,530.00 to allow the homeowners, Anthony & Shuntell Simmons, to refinance the first mortgage at a lower interest rate and to borrow additional money for necessary home repairs. BACKGROUND The City received a Homeownership for People Everywhere (HOPE 3) Implementation Grant from the U. S. Department of Housing and Urban Development in 1994. Under the HOPE 3 Program the City provided homeownership opportunities for low income families and individuals by acquiring and rehabilitating government owned properties and selling them at affordable prices. HUD closed out the HOPE 3 Program in 2002. Under the City's HOPE 3 Program, first time homebuyers, Anthony and Shuntell Simmons, closed on a home in the Delray Shores neighborhood in September 1996. The assistance provided to the Simmons' was secured with a second mortgage/promissory note. HOPE 3 Program guidelines require that the outstanding principal balance remain the same for six (6) years and then be reduced by IIl6Sth of the original balance until the outstanding Principal balance is reduced to zero, which is a period of twenty years. Therefore, the current agreement will remain recorded as a covenant to the property until October 2016. RECOMMENDATION Staff is recommending City Commission approval of Anthony and Shuntell Simmons' request to subordinate its second mortgage position in the amount of $27,530. The City Attorney's office has approved the Subordination Agreement. The subordination meets all the requirements of the City's Subordination Policy. 01\ ~ ~:s: Agenda Item No.: ~ AGENDA REOUEST Request to be placed on: _ Regular Agenda _ Special Agenda _ Workshop Agenda _ Consent Agenda Date: November 11,2005 ~~,J When: lBller 25, 2005 uf-b Descriotion of item: Authorization and approval to subordinate the City's second mortgage position in the amount of $27,530 to secure a lower interest rate and borrow additional money to make necessary home repairs for a HOPE 3 Program recipient. Ordinance/Resolution Required: Yes/No Draft Attached: Yes/No Recommendation: Staff recommends approval and ~I.t JiO ,nil./. of );h~o~tion agreem:t. Department Head Signature: ~ City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda: Hold Until: @/N~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved / Disapproved Prepared by and Retur,;n to: we 113SEA T. MANDER , SEACREST TITLE COMPANY 900 W. Linton Blvd. 1/200 Delray Beach, FL 334i4i4 File No. 15-1343 SUBORDINATION AGREEMENT WHEREAS, urider date of 9-5-96 a mortgage was given by ANTHONY SIMMONS AND SHUNTELL SIMMONS', HUSBAND AND WIFE ("Mortgagor") to CITY OF DELRAY BEACH ("Mortgagee"). which"mortgage was given to secure Mortgagor's obligations to Mortgagee and 'Was recorded on 9-11-96 in Official Record Book 9435 Page 41 of the public records of PALM BEACH County, Florida (the "Existing Mortgage"). and which mortgage encumbers inter alia, the following described real property lying and being in PALM BEACH County. Florida to wit: LOT 33. BLOCK 2. OF DELRAY SHORES, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 24, PAGE 232. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. WHEREAS, WA.CHOVIA MORTGAGE CORPORATION has agreed to make a mortgage loan to Mortgagor in the a~'ount of $73,000.00 secured by a mortgage encumbering the property above described, hereafter called the "New Mortgage", provided the Existing Mortgage is SUBORDINATED to the New Mortgage; NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency vvhereof is hereby acknowledged, Mortgagee hereby represents, covenants .and agrees as follows: 1. That the Existing Mortgage has not been assigned, pledged or transferred in any manner whatsoever. 2. Tha-r th,e Existing Mortgage is by this instrument SUBORDINATED and made INFERIOR to the New Mortgage 'given by Mortgagor to WACHOVIA MORTGAGE CORPORATION dated OCTOBER 2005 and recorded in the Office of the Clerk of the Circuit Court, PALM BEACH County, Florida, in Official Record Book , Page . This subordination is only to the extent of $ 73,000.00 and does not apply to any additional or future advances which may be made under the New:Mortgage. IN WITNESS ~'HEREOF, Mortgagee has caused this instrumen~ to be executed this daV of OCTOBER 2005. Signed sealed and delivered in the presence of: CITY OF DELRAY BEACH Witness {Print} By: Print: Its (SEAL) Witness (Print) State of County of Address: 100 NW 1ST AVE DELRAY BEACH FL 33444 , The foregoing" 'instrument was acknowledged before me this day of OCTOBER 2005 by , as of CITY OF DELRAY BEACH He/she is personally known to 'rne or has produced a driver's license as identification. Notary Public printed name: My Commission Expires: (SEAL) j MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER tJJv1 AGENDA ITEM # <l:r - REGULAR MEETING OF OCTOBER 25. 2005 ALTERNATIVE WATER SUPPLY GRANT PROGRAM AGREEMENT/ SOUTH FLORIDA WATER MANAGEMENT DISTRICT: SUBJECT: DATE: OCTOBER 21, 2005 This is before the Commission to consider approval and acceptance of a 2005-2006 Alternative Water Supply Funding Program Grant Agreement in the amount of $500,000.00 with the South Florida Water Management District (SFWMD) for the Area 2 and 3 Reclaimed Water Transmission System Project. At the October 12, 2005 South Florida Water Management District Board meeting, the City was awarded $500,000.00 as part of the FY 2006 Alternative Water Supply Grant Program for the construction of Area 2 and 3 of the Reclaimed Water Transmission System. Recommend approval and acceptance of the SFWMD Alternative Water Supply Funding Program Grant Agreement in the amount of $500,000.00. S:\City Clerk\agcnda mcmos\SFWM Grnnt Alt Water 102505 City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www.mydelraybeach.com TO: David T. Harden City Manager C. Danvers Beatty, P.~ Deputy Director ofPu~~s FROM: DATE: October 18, 2005 SUBJECT: Alternative Water Supply Grant Contract At the October 12, 2005 South Florida Water Management District Board meeting the City of Delray Beach was awarded $500,000 as part of the FY 2006 Alternative Water Supply Grant Program for the construction of Area's 2&3 of the Reclaimed Water Transmission System. Attached is an agenda request as well as a copy of the agreement for execution by city Commission. Please place an item on the Regular Agenda for the October 25, 2005 Commission meeting requesting approval of the grant agreement. cc: Richard C. Hasko, Director of Environmental Services City Attorney's Office City Clerk (Original Copies) Project File 2004-020.1 Agenda File S:\EngAdmin\Projects\2004\2004-020.1\OFFICIAL\25 Oct 05-SFWMD agen memo.doc ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2005 - 2006 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Fax No: (561) 243-7199 Recipient: City of Delray Beach Recipient's Project Manager: Dan Beatty Deputy Director of Public Utilities Address: 434 South Swinton Avenue Delray Beach, FL 33444 Telephone No: (561) 243-7010 SFWMD Project Manager: Nestor Garrido Telephone No.: (561) 682-6908 Fax No.: (561) 681-6264 Contract Specialist: Bernadette Harrison Telephone No.: (561) 682-6378 Fax No.: (561) 682-5587 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 Insurance: NotA Iicable Federal Employer Identification Nnmber: 59-600308 Project Title: City of Delray Beach - A WS FY2006 Descri tion: Area 2 & 3 Reclaimed Water S stem Agreement No. DG061150, Page 1 0[9 Pus Agreement is entered into between "the Parties," the South Florida Water Management District, the "District", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A", hereinafter referred to as the "Project", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Exhibit B Exhibit C Statement of Work Schedule of Deliver abIes Reporting Form ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the last date of execution of this Agreement, and shall terminate on the date noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION I CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60%) of the Project's construction cost, unless a different amount is authorized pursuant to s. 373.1961(3)(e), Florida Statutes. 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, Agreement No. DG061150, Page 2 0[9 including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects ofthe project. District funds shall only be used for the construction activities described in Exhibit "A". ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable(s) as described in the "Schedule of Deliverables", attached hereto as Exhibit "B". On or before August I, 2006, the Recipient shall provide a completed Reporting Form, attached hereto as Exhibit "C". Concurrent with delivery of the final deliverable, the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Agreement Number and shall be sent to the Contract Specialist at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other addtess at the District. 4.3. Upon completion of the project, any data that was generated during the performance of the project shall be submitted to the District upon request. New Well Construction Proiects: For projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. The data will be archived in the District's permanent database and available to the public. Please contact Anthony Larenas at (561) 682-2643, alarenaslaJ,sfwmd.gov or Emily Richardson (561) 682-6824, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project update/status reports by December I, 2005; February 1,2006; April I, 2006 and June 1,2006. Reports will provide detail on progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by District project manager and the Recipient, and may include emails, memos, and letters. 4.5 In accordance with Section 373.0361 (7) (b) of the Florida Statutes, the Recipient shall provide an annual status update to the District detailing the progress ofthe project. Agreement No. DG061150, Page 3 of9 ARTICLE 5 - CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party change its addtess, written notice of such new addtess shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 - TERMINATION I REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E-7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions ofthe Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E-7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in Agreement No. DG061150, Page 4 of9 the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Project Proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: (a) Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. (b) Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. (c) Extended Availabilitv of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition ofthe legal dispute, and all such records shall be made readily available to the District. (d) Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. Agreement No. DG061150, Page 5 of9 ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws ofthe State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this project. 8.8 A Recipient who operates a public water supply utility shall, by June 1,2006 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 1, 2006. 8.9 Recipient of funds for a reuse project shall provide a status report by August I, 2006 addtessing the following issues: (I) accounting ofreclaimed water usage and method used Agreement No. DG061150, Page 60f9 (meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use ofreclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the project, the Recipient shall continuously operate the project as described in the project proposal and consistent with the applicable water use permit(s). In the event the project is not operated in accordance with these requirements, the District may cease funding for this project and any future projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2006. 8.11 Recipient shall implement a public education program to inform the public about the envirorunental and other public benefits of the Alternative Water Supply project, and shall provide the District with a copy of such public education program on or before August I, 2006. ARTICLE 9 - INDEMNIFICATION AND INSURANCE / jind to the extenJ: ,pe,m;ltJ:ed t>,Y law 9.1 For value received, which is hereby acknowledged, the Recipient shall deten<!, mdemnuy, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. Agreement No. DG061150, Page 70f9 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1-11 (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments and docwnents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circwnstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement maybe amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity/public awareness media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award will require prior District approval. Agreement No. DG061150, Page 8 of9 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This Agreement is subject to and governed by the provisions applicable to it contained in sections and 373.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No. 2005-291 (SB 444, Laws of Florida). IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: Frank Hayden, Procurement Director Date: (project shall start upon execution date ofthis Agreement.) Sh :::ement Approved: . By: r~&A.i.;l"" ~Date: / /ojI~5 SFWMD Office of Counsel Approved: By: Date: Recipient's Legal Name: By: OS By Authorized Official: Title: Date: Agreement No. DG061150, Page 9 of9 EXHIBIT "Au STATEMENT OF WORK City of Delray Beach Areas 2 & 3 Reclaimed Water System Brief Description: Installation of 24-inch, 16-inch and lO-inch reclaimed water mains in the City of Delray Beach "Reclaimed Water Areas 2 & 3" to serve new reclaimed water users. The City of Delray Beach is pleased to submit herewith our application for SFWMD's Alternative Water Supply Funding. We are submitting application for the "City of Delray Beach Areas 2 & 3 Reclaimed Water System" project. The scope of the project is to construct approximately 17,000 L.F. of 24-inch, 16-inch, 10-inch and 6-inch reclaimed water main, and associated valve and meter boxes to serve up to ten (10) new reclaimed water users in the City's reclaimed water service are. The ultimate goal of the project is to implement the second phase of reclaimed water system within the City of Delray Beach, promote up to 1.94 mgd of reclaimed water use, and provide a pipeline backbone from which future reclaimed water "areas" can be constructed and served. The need for the project is evidenced by the City's establishment of new alternative water resource goals. Implementation of a reclaimed water system will reduce demands on both the surficial aquifer and on the City's potable water system. The City's Reclaimed Water Master Plan completed in November 2003 identifies "Areas 2 & 3" as the second phase of City's total reclaimed water system. "Areas 2 & 3" will provide for up to 1.94 mgd of reclaimed water use, as well as provide the "backbone" pipeline to serve other future reclaimed water areas. The City plans to implement other phases of the Master Plan on a continual basis over the next 10 to 15 years. The Reclaimed Water Master Plan is consistent with the City's comprehensive plan, which specifically encourages more reuse of effluent from the wastewater treatment plant. Exhibit "A" to Agreement No. DG061150, Page 1 of 1 EXHIBIT "B" SCHEDULE OF DELIVERABLES Total payment by the District to the City of Delray Beach shall not exceed the amount of $500,000,00, Payment shall be made following receipt and acceptance by the District ofproject deliverables in accordance with the schedule set forth below. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work. Invoices for completed deliverables shall be submitted to the District for payment by April I, 2006 and/or August I, 2006. However, the Recipient is encouraged to arrange for deliverable inspection and invoice as soon as a deliverable has been completed. Reporting requirements are also part of this exhibit. The Recipient shall provide regular project update/status reports by December I, 2005; February 1, 2006; April 1, 2006 and June 1,2006. Reports will provide detail on progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by the District project manager and the Recipient, and could include emails, memos, and letters. I Status Report N/A December I, 2005 N/A 2 Status Report N/A February I, 2006 N/A Installation of 24" pipe for 3 transmission, a ent er LF A rill, 2006 N/A $250,000.00 4 Status Report N/A April I, 2006 N/A 5 Status Report N/A June 1,2006 N/A 6 Installation of 16" and 10" pipe August I, 2006 N/A $250,000.00 for transmission, a ent er LF 7 Annual Status Report N/A September 30, 2006 N/A TOTALS~DPAYMENT $500,000,00 Exhibit "B" to Agreement No. DG061150, Page 1 of 1 EXHIBIT "C" REPORTING FORM Project Summary Final Report - FY 2006 Project Name Project Manager SFWMD Contract Number Project Owner Describe Project constructed: Type of Alternative Water Supply Construction Duration Pro osed Actual Start Finish District fundin $ $ Local funds $ $ Other funding source From: $ $ TOTAL Attach map and photo(s) of project on CD, if available To the best of my knowledge, the above information is correct Project Manager Exhibit "C" to Agreement No. DG061150, Page 1 of 1 AGENDA REOUEST No,'~ Request to be placed on: ~ Regular Agenda _ Special Agenda _ Workshop Agenda Agenda Item Date: October 18. 2005 When: October 25.2005 Description of item (who, what, where, how much): Staff reQuests Commission approval of the Alternative Water Supplv Grant Program agreement with the South Water Management District in the amount of $500.000 for the Area 2 and 3 Reclaimed Water Transmission Svstem proiect. ORDINANCElRESOLUTION REQUIRED: YESINO DRAFT ATTACHED YESINO Recommendation: Staff recommends approval of the grant agreement. (l'{{f)L. .Jf'4 (6-/d-- O~ Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure offunds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: LJ Approved for agenda: QJllSINO Hold Until: tlJ/f ! Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved!Disapproved S:\EngAdminIProjects\2004\20Q4.020.1\OFF1CIAL\05 Oct 25 AgendaReq. SFWMD.doc MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER UfI/) , AGENDA ITEM # <g K - REGULAR MEETING OF OCTOBER 2S, 200S REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS TO: SUBJECT: DATE: OCTOBER 21, 2005 Attached is the Report of Appealable Land Use Items for the period October 10, 2005 through October 21, 2005. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\City Clerk\agenda memos\apagmemo 102505 , . H , "",,,>,'0,,,,,,,,,,:,',0 " 0''''''''0''<'' TO: THRU: FROM: SUBJECT: , ACTIONREdtJEsteooFTHI3,aOMMlssiONH.' , , ........ ................ .......-;'..0...'.'....................0....0.:.0.0.."".;.0;';'0:';"';':;";";";';;;_;;':';;'''''''':':''''..''........... . H.' ;....0;:.;;.>:<:,,;:::;:::.,. 0.'"'' The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of October 10, 2005 through October 21, 2005. I ": ..."OU'! "'O.H . .H . .. .BAOK",,,,.,,,, .. . H. '.. ... ...1 This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. I PLANNING :ANO ZONING so,l(RD MEET:lNi1.fOF:l?ctoeER 17,2005 ., .,.., ''''''''''0';';':'; ;" 00"0.00' No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: . Recommended approval (6 to 0), of an amendment to the Land Development Regulations Section 4.6.9 "Off-Street Parking Regulations" and Appendix "A" "Definitions" to establish alternative provisions for accommodating required parking when not provided on-site, by contributing construction costs for adjacent municipal parking facilities. . Recommended approval (4 to 2, Gary Eliopoulos and Paul Zacks dissenting) of a conditional use request to allow a building height in excess of 48 feet (maximum of 60 feet allowed) and a density to exceed 30 residential units per acre (47 units per acre proposed) for Atlantic Plaza, a proposed mixed-use development, that includes 306 residential units, 57,137 sq. ft. of retail space, 8,811 sq. ft. of restaurant space and 44,204 sq. ft. of office, located on the north side of East Atlantic Avenue, extending between NE 6th Avenue and Veterans Park. . Recommended approval (6 to 0), of a conditional use request to allow the establishment of a charter school within the PC (Planned Commercial) zoning district for Toussaint L'Ouverture High School for Arts and Social Justice within the Delray Square II Shopping Center located at the northeast corner of West Atlantic Avenue and Military Trail. City Commission Documentation Appealable Items Meeting of October 25, 2005 Page 2 . Recommended approval (5 to 1, Nelson McDuffie dissenting), of a conditional use request to allow a height in excess of 48 feet (maximum height of 60 feet allowed) for Fifth Avenue Flats, a proposed mixed-use development that includes 12 residential condominiums and 3,183 sq. ft. of office/retail space, located at the northwest corner of NE 5th Avenue and NE 2nd Street. . Recommended approval (6 to 0), of an abandonment of the East 20 feet of Dixie Highway lying adjacent to Lot 2 and a portion of Lot 3, Delray Beach Estates. . Recommended approval (6 to 0), of an abandonment of a 16' wide by 199' long portion of a north-south alleyway lying within Block 2, Sophia Frey Subdivision Addition to Delray, located 150' north of George Bush Boulevard, between NE 7'h Avenue and Northbound Federal Highway (US 1). . Recommended approval (6 to 0), of a combined preliminary/final plat for Gulfstream Villas, a proposed 14-unit townhouse development located on the west side of Webb Avenue, south of Gulf Stream Boulevard. . Recommended approval (6 to 0), of a combined preliminary/final plat for Latitude Delray a proposed 114-unit mixed-use development, located at the northwest corner of Lindell Boulevard and Federal Highway. I SitE PLAN REVIEW AND':APPI;~MNell!lQ~~~~M~i;!'f:Il\f~::Qj:lQCleBER '19, ~OOS ....:.~ A. Approved (5 to 0, Andrew Youngross and Jose Aguila absent), a request for a new master sign program for Sherwood Pontiac, GMC, Buick, located on the west side of South Federal Highway, south of Linton Boulevard (2400 South Federal Highway). B. Approved with conditions (5 to 0 ), a request for an exception to the master sign program for Tasso's Greek Tavern, located within the Delray West Plaza at the southeast corner of West Atlantic Avenue and Military Trail (14800 South Military Trail). C. Approved with conditions (5 to 0), a request for a color chan~e for an existing restaurant, Las Hadas Restaurant, located on the east side of NE 5 h Avenue, north of George Bush Boulevard (815 NE 5th Avenue). D. Approved (4 to 0, Connor Lynch stepped down), a request for a color change for Plastridge Insurance, located on the west side of North Federal Highway, north of George Bush Boulevard (820 North Federal Highway). E. Approved with conditions (5 to 0), a Class I site plan modification with the installation of an automatic teller machine on the storefront facing Atlantic Avenue for Bank United at Downtown Delray, located at the northwest corner of East Atlantic Avenue and NE 4th Avenue (331 East Atlantic Avenue). F. Approved (5 to 0), a Class I site plan modification associated with the replacement of a steeple for First Presbyterian Church, located on the east side of Gleason Street, south of East Atlantic Avenue (33 Gleason Street). City Commission Documentation Appealable Items Meeting of October 25, 2005 Page 3 G. Approved with conditions (5 to 0), a Class I site plan modification associated with the addition of an awning for 167 NE 2nd Avenue, an existing commercial building located on the east side of Pineapple Grove Way between NE 1st Street and NE 2nd Street. H. Approved with conditions (5 to 0), a Class I site plan modification associated with the replacement of an existing awning and the addition of a free standing awning for Delray Subaru, located on the west side of South Federal Highway, south of Linton Boulevard (2102 South Federal Highway). I. Approved with conditions (5 to 0), a Class I site plan modification associated with the installation of telecommunication antennas for Sprint PCS at Palm Court Plaza, located at the southwest corner of Military Trail and Linton Boulevard. J. Approved with conditions (4 to 0, Dan Carter stepped down), a Class II site plan modification associated with the re-configuration of the entry-way and construction of a new guard house with landscaping improvements for the Hamlet Country Club, located on the south side of West Atlantic Avenue at its intersection with Hamlet Drive. K. Approved with conditions (5 to 0), a Class V site plan and landscape plan for Seagate Villas, a proposed 3-unit townhouse development located at the northeast corner of Seasage Drive and Bucida Road. The Board postponed action on the architectural elevations and requested that the applicant provide additional elements on the elevations. L. Denied (4 to 1, Connor Lynch, Mark Gregory, Dan Carter, Roger Cope voted to deny) an extension request of a previously approved Class V site plan, landscape plan and building elevations associated with the construction of two four-story mixed use buildings for Atlantic Place (aka Seagate Hotel at Atlantic Place), located on the south side of East Atlantic Avenue between Venetian Drive and Gleason Street. 1. Postponed (7 to 0), a request for a Certificate of Appropriateness and associated variance to allow the construction of a swimming pool at 411 North Swinton Avenue. The associated variance request is to allow a reduction in the rear setback from 10 feet to 5 feet. 2. Approved (7 to 0), a request for a Certificate of Appropriateness associated with Part 1 of the ad valorem tax exemption application for improvements to a contributing building located at 118 Y. SE 7th Avenue. 3. Approved (7 to 0), a request for a Certificate of Appropriateness associated with the installation of a metal roof on a non-contributing dwelling located at 229 NE sth Court. ,...,......... ,'.:..."...~.:,"',',,,..,....,,,:..,..".,.,'.........;.:,...;.,',.....))\:.:,.,.:/ .,"",0'",."',.""",.""".""."...",.""',....,. !:::;':;;"::;":;:';::,:;"l'!0i:":'C.:.,'t"'j;:C;" ....../i,,? '::~:':'}Fi*~I2c:'jiIK0r '" .. "'''R.!tOMMa_i:f'Ae1fC)::fi(,(~'i'~~~~"~;~'Wjk.'' ., ?.)j;~'>~f'l By motion, receive and file this report. Attached: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - October 25, 2005 L.30CANAL GULF STREAM BLVD r - L '" '" a " ~ OJ i ~ , OJ '3 a ~ m ~ ~ 0 ~ G. LAKE 4:>.- NW2NDsr ATLANTIC s.w. 2NDST. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ S,W 10TH ST. ~ ~ ~ '" '" ~ " OJ 0; , '" '" "- "- C) C-15 CANAL ~ " ~ , a , 1\ ~ I ~ " ~ I , , <; ~ iii' ~ " ~ '" ;: '" o ~ , [ - IB L-, ~ "- ..... .... '" '" ..... .... "'" ,.. '" ~ " i -i L <q, ~ H ;: '" o ., '" OJ 96 ,.. f ~ ~ A ~ iii Ii) "' ~ " ~ '" ~ SPRAB A SHERWOOD PONTIAC, GMC, BUICK B. TASSO'S GREEK TAVERN C. LAS HADAS RESTAURANT D. PLASTRIDGE INSURANCE E BANK UNITED A T DOWNTOWN DELRA Y F. FIRST PRESBYTERIAN CHURCH G. 167 NE 2ND AVE H. DELRAY SUBARU I. SPRINT PCS - PALM COURT PLAZA J. HAMLET COUNTRY CLUB K SEAGATE VILLAS L. SEGA TE HOTEL A T ATLANTIC PLACE - - - - - CITY LIMITS - - - - - HEB 1.411 N. SWINTON AVE 2. 1181/2 SE 7TH AVE 3. 229 NE 5TH STREET ONE MilE GRAPHIC SCALE CITY OF DELRA Y BEACH, FL PLANNING & ZONING DEPARTMENT NOVEMBER 2004 .. DIGITAL BASEMAP$YSTEM.. MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # ~ L - REGULAR MEETING OF OCTOBER 25. 2005 AWARD OF BIDS AND CONTRACTS SUBJECT: DATE: OCTOBER 21,2005 This is before the City Commission to approve the award of the following bids: 1. Contract award to Horsepower Electric, Inc. in the amount of $298,298.00 for the U.S. 1 and Tropic Boulevard Signalization Project. Funding is available from 334- 3162-541-65.68 (General Construction Fund/US 1 at Tropic Boulevard). 2. Approve the purchase of 100 Citrix Licenses from CompServ in the amount of $27,700.00 via the Florida State Contract #250-040-99-1 to allow the Police Department to access the Criminal Justice Network (CJNE1) and Palms in-house and in patrol vehicles. Funding is available from 001-2113-521-66.10 (General Fund/Software). 3. Approve a blanket purchase order, requisition number 121815, with Boca Tire, Inc., in the amount of $30,000.00 via Florida State Contract #863-000-03-1, for the purchase of various tires as needed. Funding is available from 501-3311-591-52.20 (General Garage Fund/General Operating Supplies). 4. Approve a blanket purchase order with Otto Waste Systems, in the amount of $149,999.00 for the purchase of garbage carts with lids and wheels as needed. Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal & Replacement). 5. Approve a blanket purchase order, requisition number 121395, with Poolsure in the amount of $43,500.00 for the purchase and delivery of Sodium Hypochlorite and Calcium Hypochlorite as needed. Funding is available from 441-5123-536- 52.21 (Water/Sewer Fund/Chemicals). 6. Purchase award to 3M Traffic Safety Systems Division in the amount of $15,166.60 via the Osceola Board of County Commissioners Bid #A/R #05-412-TM and pricing from an expired State Contract for the purchase of sign materials and barricade tape materials for the City's Sign Shop. Funding is available from 001- 3141-541-52.20 (General Fund/General Operating Supplies). 7. Purchase award to Hall-Mark Fire Apparatus/Horton Emergency Vehicles in the amount of $203,488.06 via the Florida Sheriff's Association, Bid #05-06-0823 for one (1) 2006 Horton Custom Rescue Transport Vehicle for the Fire Department. Funding is available from 501-3312-591-64.25 (Central Garage Fund/Heavy Equipment). Recommend approval of the above bids and purchases. S:\City Clerk\agcnda mcmo\Bid M(:tno 102505 City Of Delray Beach Department of Environmental Services M E M 0 RAN DUM www.MyDelrayBeachcem TO: David T. Harden I~ FROM: Randal L. Krejcarek, P.E. DATE: 10 Oct 2005 SUBJECT: US 1 @ Tropic Boulevard Signalization Design Contract Award Project 2004-030 Commission Agenda Item The attached agenda item is for Commission authorization/approval for Mayor to execute contract with Horse Power Electric, Inc. for the installation of signalization at the intersection of US 1 & Tropic Boulevard. Commission approved a Joint Participation Agreement (JPA) with the FDOT for the signalization of this intersection at the 13 Apr 2004 Commission meeting. The JPA will reimburse the City of costs associated with the design and construction of a fully actuated signal and associated hardware to be fully integrated into the Palm Beach County Traffic Signal System. The City will be reimbursed up to $300,000.00. Any costs associated with this project over this amount will be the responsibility of the City. This agreement is valid until 31 January 2007. Attached are the following: map showing the project location, letter of recommendation from Arcadis, and bid tabulation. The total cost of this contract is $298,298.00. Please place this item on the 25 Oct 2005 Commission Workshop Agenda. Thanks! enc cc: Richard Haske, P.E. Joseph Safford Carolanne Kucmerowski file S:\EngAdminIProjects\2004\2004-03010FFICIAL \2005-00t-18 egende memo. doc <6L.1- I ~--J I ~-- >- ~ c :r ~ " c _ ~ :::z: <1 '" (j W w _ '" x is Cl --J , /0 / ~- I-- c is '5 , '" !----- " 4i c --~ L-,-__ ---~-~-- --- ------- --- -'---~- --------- --- ~--- --- ------- rnQ) I j -" BANYAN ~'< TREE LANE d' .:z:: ?Y ~ ~ <c LINTON I I Me ~\ '--_ I-- / EiJ- ~ r----. \ _" -.J ----- . g--- R< '" ,VARD I CLEARY EVE TROPIC _ , 1== 1::= f--- I _ rIl -z <{ . _i),~>---- I - I. l1li .... "'l"'~f--- ~- j...' \ U I 1-------- ----- f-/ / ~ o z ;,.: S: :r ui ::) ~ \ I g~ / '" ~ __CD i=:= I- I--- ~'iEr-"'--- F-- C= = i==- == f.:::= --' = -- BANYAN \ 1 '--' <{ o " o ~_ c: ----= I-- 1--.- __ ~:: __ f:==c-- -----,. --f:=::=1 1-_ --+--- J 5T I I I I I I 11 I I IT I -I I I J-L 111~ III~~ - III~ I I I h.7' - I-'" \ >- <( :s: 0:: W I- <( :s: --1 <( l- (/) <( o o <( 0:: I- z \ \ CITY of DELRA Y BEACH ENVIRONMENTAL SERVICES DEPARTMENT 434 SOUTH 8WNTON AVENUE. DELflAY BEACH, R...ON:>A 33444 U51 @ TROPI C BOULEVARD 51 GNALI ZA TI ON 2004-030 DATE:4-5-2004 LOCA liON MAP I STREET LN\\' . . . . . . . . .. ... Lawson, Noble & Webb, Inc. ENGINEERS. PLANNERS. S URVETORS October 4, 2005 Mr. Randal L. Krejcarek, P.E. City Engineer City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Re: City of Delray Beach US 1 and Tropic Blvd. Signalization Bid Results (Bid #2005-42) Dear Mr. Krejcarek: On Thursday, September 1,2005, at 3:00 PM, bids were received by the City of Delray Beach for the above referenced project. Three (3) bids were received as follows: NAME OF BIDDER 1. The Signal Group, Inc. 2. Signal Technology, Inc. 3. Horse Power Electric, Inc. AMOUNT OF BID $ 330,138.20 $ 308,714.00 $ 298,298.00 We have reviewed the bid proposal submitted by Horsepower Electric, Inc. and have found it to be satisfactory. The following sununarizes our findings for their proposal: HorseDower Electric. Inc. . Acknowledged Addendums No.1 and No.2. . Provided Bid Bond (5%). . Schedule of Bid Prices was filled out. . Provided P-14 and P-15 of Questionnaire. . This company has provided signing, lighting and signalization work previously for State government (FDOn i.e. and municipalities (Miami-Dade, City of Aventura). . Company is based in Hialeah, Florida. Attached please find bid tabulation for your reference. Page 1/2 LAWSON, NOllLl! & WulI, INC.. 420 Columbia Drive, Suite 110. West Palm Beach. Florida 33409 561-684-6686. Fax 561-684.1812. E-mail: Inw_wpb@Inw_lnc.com.http://www.lnw_lnc.oom West Palm Beach. Port St. Lucie. Orlando Mr. R.LKrejcarek, PE October 5, 2005 Additionally, we have coordinated with the County on the status of their mast ann contract. Currently, the County does not have an existing contract to purchase mast anns, but is in the process of obtaining one. While the County gave every indication that the City could use this contract to purchase mast arms, they will not have the ability to do so under this contract until December ofthis year. This would put a significant delay on the construction of the required signal at Tropic Boulevard and 1J $-1 We have contacted references for Horsepower Electric, Inc. and have received positive feedback. Lawson Noble & Webb, mc. therefore recommends award ofthe contract to Horsepower Electric, Inc. in the amount of the Base Bid of$298.298.00 subject to the review and approval of the City Attorney. If you have any questions regarding the information presented above, please contact me at 561-684-6686. Sincerely, 7cJ\\\()0. ~ Patricia Barr, P .E. Project Manager Lawson, Noble & Webb, Inc. Copies: File Page' 2/2 w "!811~"!"!"!"! liog~88~g .erio.' ~';;:'o$.:;;:::; I.l.... N "",.... ""'''''' :~j',;;! 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('>1"0"": ...: ............. .,q ~ ~~~~~ ~ ~ " II ~ 8 8 ~ ~ ~ ~.g -g..2 0 l:l g ;:(:< ~:.g ~~ d] r;.:5~]6 "",,",0-<'1 """'vvv :5 " ~ N t N ~ 8 ;i ~ " Q ::l Q N " ::i o M ::l Q Q .; ~ N ~ N ~ ~ o <- Date: 10 Oct 2005 AGENDA ITEM NUMBE~L i AGENDA REQUEST Request to be placed on: .--1L Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 25 Oct 2005 Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to execute contract with Horse Power Electric, Inc. for the installation of signalization at the intersection of US 1 & Tropic Boulevard. The total cost of this contract is $298,298.00. Funding is from account # 334-3162-541-65.68 Staff Recommendation: APprova~ ~ Department Head Signature: (-' / (o-f1---<>S City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all itrms involving expenditure of funds): ~.:::s3 l"I't.oIG5 Funding Available~~ No Initials: Yes. LAP w/ FDOT Account Number 334-3162-541-65.68 Description US 1 @ Tropic Blvd Sil!nalization Account Balance: + '309 60u Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @ / No Initials: Hold Until: crl Agenda Coordinator Review: Received: s: \EngAdmin \Projects \2004 \2004-030\OFFI CIAL \2005-oct- 18 agenda.doc Joseph L. Schroeder Chief of Police FROM: Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 David Harddlt61) 243-7888 Fax (561) 243-7816 City Manager Tina L. Lunsford~ Administrative Officer DATE: October 11th, 2005 SUBJECT: AGENDA REOUEST DELRAY BEACH ~ All-America City , 1111: 2004 1993 2001 Attached is an Agenda Request for the City Commission meeting on October 25, 2005 to approve the purchase of 100 Citrix License. The Police was approved for the purchase of 150 Citrix License laptops in the 04/05 CIP Budget. Due to a shortage in funding we are only requesting the purchase of 100 licenses at a cost of $27,700.00. The Citrix licenses were approved in the CIP Budget for FY 05 with bank financing as a funding source. Becky O'Connor has advised us that the banks are unable to provide financing since there is no physical asset with licensing. The Police Department, therefore, has found interim funding with the current budget and will find funding at mid-year to replace monies taken These licenses will allow access to CJNET "Criminal Justice Network" and Palms in-house, as well as, in the patrol vehicle. CJNET gives the officers access to instant DL photos, Sexual Predator search, Career Offender search, Missing Children Information Clearinghouse, South Florida Investigative Support Center, ThreatNet, DrugNet and GangNet just to mention a few. MIS agrees that these licenses are needed now in order to stay compliant with licensing laws. CompServ hold the Florida State Contract # 250-040-99-1. Funding will be provided out of 001-2113-521-66.10. When approved I will transfer funds out of 001-2113-521-64.11 into 001-2113-521-66.10 for the purchase. Should you require further information, please contact me at ext. 7852. TLLlrmh Attachment cc: Chief J.L. Schroeder Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence ~l.p2- .0 · - eu" pC-erv ~ [ QIaIo...- , 1IIIo:.-.zrlI5 _~~ SPECIAL QUOTATION PREPARED FQ EO llEl.POR11ll0 llELRAY BEACH CITY ATTN: ACCOUNTS PAYAIII.f 100 NW FIRST AVENUE llELRAY BEACH, Fl33444 F...: TERRI ROMANO, ~-2777 561-243-7161 eon.&nI,lnc. 2325 ~_I!!l SIt 16~, A 33762 nT-299.9220 FAX7g7-2!!9-9420 _ 0....-- QIy _ EW24Cl.EOO5O------ MF XPETO sou CONN PI( Wi SOii----~~-2IlO.. 13885.00 PDV EO, JJST TO LET YOU KNOW XP WIlL lllSCONTlNUEO BY THE EN) OF lHlS YEAR' Page: 1 UII- 'EiiiIiiiiiid EA 27770.00 TOTAL: 'D,T1OJXl or l80lIe Option; 925.57 Per_ 3IfV1I....b'~~ ~..........ORIy...donol...-.lhippilg.or......,IIIlPIicabIe. For.........ar...... .....ceI,wlCCOUlll:......or..., PIWI: g m ..2IB.92Zt..116. _..._.._,,_.""_.__...-...._.....IIJCar,lSeIv... cIInI..~.bI. cn,. ~~.... no.......adcopi!ls bepocU:ed. t I I.... II" AGENDA ITEM NUMBER: <lL ~ ~~i O~ o~ :z: ,... " (' v of'... ~'t: cor ~ AGENDA REOUEST Request to be placed on: _ Consent Agenda x Regn1ar Agenda _ Workshop Agenda _ Special Agenda When: October 25. 2005 Description of agenda item (who, what, where, how much): The Police was approved for the purchase of 150 Citrix License laptops in the 04/05 CIP Budget. Due to a shortage in funding we are only requesting the purchase of 100 licenses at a cost of $27,700.00. These licenses will allow access to CJNET "Criminol Justice Network" and Palms in-house, as well as, in the patrol vehicle. CJNET gives the officers access to instant DL photos, Sexual Predator search, Career Offender search, Missing Children Information C1....ringhouse, South Florida Investigative Support Center, ThreatNet, DrugNet and GangNet just to mention a few. MIS agrees that these licenses are needed now in order to stay compliant with licensing laws. CompServ hold the Florida State Contract # 250-040-99-1. Funding will be provided out of the 001-2113-521-66.10 account. Deparunent He Signature: City Attorney Review/Recommendation Budget Director Review (required on all items involving expenditure of funds): Funding Available: @o Initials: {ii, Account Number 001-2113-521-66.10 Description Software Account Balance: 527.700.00 t.<J I-h-M5'~ Funding Alternatives: (If applicable) City Manager Review: Approved for Agenda:@ / No Initials: ~vI-- Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Patsy Nadal, Buyer Joseph Safford,~ce Director 10/13/2005 SUBJECT: DOCUMENTATION -CITY COMMISSION MEETING OCTOBER 25,2005 - BLANKET PURCHASE ORDER FOR TIRES Item Before Commission: The City Commission is requested to approve requisition number 121815, a blanket purchase order valid from 10/01/2005 thru 09/30/2006 for an assortment of tires to be purchased from Boca Tire, Inc. via Florida State Contract #863-000-03-1, effective 0 I/O 1/2003 through 02/28/2006 for the tota1 amount of $30,000.00. Baclmround: The City purchases an assortment of tires for replacement and warehouse stock as needed. Boca Tires, Inc. is a local authorized distributor for The Goodyear Tire and Rubber Company and Michelin North America, Inc. per Florida State Contract. Recommendation: Staff recommends a blanket purchase order for the purchase of various tires as needed from Boca Tire, Inc. via the Florida State Contract #863-000-03-1 for the Central Garage. Funding from account code: #501-3311-591-52.20. Attachments: Requisition #121815 Florida State Contract #863-000-03-1 Cc: Jackie Rooney, Purchasing Manager ~ o~ VJ1 ~L.3 SPURSview - Vendor Information 4f Services Business & Industrv Calendars & Events Communities & Recreation Disaster Manaaement Education EmDlovment Environment Heahh & Familv Licensina & Permittina Pu bllc Safety Science _II! TechnolQgJl TransDortation Page 1 of 1 search I directory I contact us I 411 I subscribe I tour I help Business & Industrv > Search> Vendor Information Vendor Information I BOCA TIRES INC BOCA TIRES I IAddress II 199 NORTHWEST 1ST AVENUE I BOCA RATON FL 33432 ICounty II 50 I IStatus Code II DMS REGISTERED I IMinority Code A I IBusiness Designation 1 I IContact Name JIM MATARAZZO I IPhone Number to Contact (561 )391-1200 I IEmail Address BOCA TIRE@BELLSOUTH.NET I IVendor Website IActivellnactive Code ACTIVE IN SPURS & SAMAS I IBids State Flag X I IBids North Flag IBids West Flag IBids Central Flag IBids South Flag Ilnput Type Description MFMP I Email HelD Desk M - F 9:00 am - 5:00 pm Eastern Time. (850) 921-0997. Coovriahte> 2000 State Of Florida Privacy Statement http://myflorida.comlowa_spurs/owalspurs_ www.vendors.display?vendor_type_str=F&v... 10/10/2005 Instructions for Purchasing Tires Page I of3 Instructions for Purchasing Tires Price lists, distributors and tire descriptions are maintained on the web sites listed. The price lists will contain the discounted Contract prices of the tires. This Contract is multiple award with up to three (3) Contractors per Commodity Number. Only the Contractors listed on the following Commodity Codes are authorized to sell tires from that Commodity. Valve stems, mounting and dynamic balancing for automobiles and light trucks are additional charges and are shown below under the commodity numbers. Medium, heavy truck, construction, industrial, farm and specialty tires valve stems, mounting and dynamic balancing must be negotiated by the Purchaser. Awards by Commodity Numbers 1.) 863-700-200 - Tire, Automobile, Radial, Std. P8Sllenger The Goodyear Tire & Rubber Company New snap-in valve stem & installation: Mounting of tire: Dynamic Balancing including weights: Michelin North America New snap-in valve stem & installation: Mounting of tire: Dynamic Balancing including weights: List Price Discount: 54% $3.00/tire No charge with purchase in store $IO.OOrrire List Price Discount: 35% $3.00/tire No charge with purchase in store $2.25ffire 2.) 863-700-400 - Tire, Police Pursuit and Emergency High Speed, Radial New snap-in valve stem & installation: $3.00/tire Mounting of tire: $3.00/tire Dynamic Balancing including weights: $5.00ffire The Goodyear Tire & Rubber Company New snap-in valve stem & installation: Mounting of tire: Dynamic Balancing including weights: (REVISED 03/0112(05) List Price Discount: 55% $3.00/tire No charge with purchase in store $lO.00rrire http://www.myflorida.comlstcontractsl863000031/award%20index.htm 10/1012005 Instructions for Purchasing Tires 3.) 863-800-205 - Tire, Light Truck, Radial The Goodyear Tire & Rubber Company New snap-in valve stem & installation: Mounting of tire: Dynamic Balancing including weights: Michelin North America New snap-in valve stem & installation: Mounting of tire: Dynamic Balancing including weights: 4.) 863-800-100 - Tire. Light Truck, Bias The Goodyear Tire & Rubber Company New snap-in valve stem & installation: Mounting of tire: Dynamic Balancing including weights: List Price Discount: 47% $3.00/tire $8.00/tire $10. DO/Tire List Price Discount: 40% $3.2S/tire No charge with purchase in store $3.00ffire List Price Discount: 35% $3.00/tire $8.00/tire $1O.00ffire 5.) 863-800-250 - Tire, Light Truck, Steel Casing The Goodyear Tire & Rubber Company New snap-in valve stem & installation: Mounting of tire: Dynamic Balancing including weights: Michelin North America New snap-in valve stem & installation: Mounting of tire: Dynamic Balancing including weights: (REVISED 03/0l/200S) List Price Discount: 38% $3.00/tire $8.00/tire $IO.OOffire List Price Discount: 40"10 $3.2S/tire No charge with purchase in store $3.00ffire http://www.myflorida.comlst_contractsl86300003l/award%20index.htm Page 2 of3 10/10/2005 Instructions for Purchasing Tires Page 3 00 6.) 863-800-800 - Tire, Medium Truck, Radial The Goodyear Tire & Rubber Company List Price Discount: 38% - Michelin North America List Price Discount: 45% 7.) 863-600-380 - Tire, Off Road, Radial The Goodyear Tire & Rubber Company List Price Discount: 50% Michelin North America (REVISED 02/25/2003) List Price Discount: 28% - 8.) 863-600-350 - Tire, Off the Road, Bias The Goodyear Tire & Rubber Company List Price Discount: 38% - (REVISED 07/01/2003) - 9.) 863-200-375 - Tire, Implement/Farm The Goodyear Tire & Rubber Company List Price Discount: 35% Michelin North America List Price Discount: 28% 10.) 863-900-100 - Tire, Specialty The Goodyear Tire & Rubber Company List Price Discount: 54% (REVISED 03/01/2005) http://www.myflorida.com/st_contracts/863000031/award%20index.htm 10/1 0/2005 AGENDA ITEM NUMBER: <b\.....3 AGENDA REQUEST Request to be placed on: October 25, 2005 Date: October 10,2005 -1L- Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: The City Commission is requested to approve requisition number 121815, a blanket purchase order valid from 10/0 112005 thru 09/30/2006 for an assortment of tires to be purchase from Boca Tire, Inc. via Florida State Contract #863-000-03-1, effective 0110112003 through 02/28/2006 for the total amount of$30,OOO.00. ORDINANCE/RESOLUTION REQUIRED: Draft Attached YES YES NO_X_ NO Recommendation: Staff recommends a blanket purchase order for the purchase of various tires as needed from Boca Tire, Inc. via the Florida State Contract #863-000-03-1 for the Central Garage. Funding from account code: #501-3311-591-52.20. Department Head Signature: ":.) -: ~~ Detennination of Consistency with Comprehensive PI~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: yes.............. ~ No Funding alternatives: (if applicable) Account Number: 501-3311-591-52.20 Account Desaiption: OPERATING SUPPLIES I EXTERNAL PARTS Account Balance: City Manager Review: Approved for agenda:B f111- No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Patsy Nadal, Buyer Joseph Safford, Finance Director 10/1812005 SUBJECf: DOCUMENTATION -CITY COMMISSION MEEfING October 25, 2005 - BLANKET PURCHASE ORDER FOR GARBAGE CARTS FROM OlTO WASTE SYSTEMS Item Before Commission: The City Commission is requested to approve a blanket purchase order for hot stamped garbage carts, lids and wheels from Otto Waste Systems as a sole source provider, fur the total amount of $149,999.00. The garbage carts will be ordered as needed for fiscal year 200512006. Backnound: The City orders garbage carts an average of four (4) times a year. The sizes required by the City of Delray Beach are 95, 65, and 35 gallon carts with lids and wheels. The carts have a forest green body, black lid, rubber tires and are hot stamped with the City Logo seal and serial numbers. Otto Waste Systems has quoted to the City a unit price of $48.33 each for the 95 gallon carts, $45.33 for the 65 gallon carts and $40.33 for the 35 gallon carts, per attached email dated September 21, 2005. The carts are shipped in full truckloads for cost savings of freight. Otto Industries, Inc. is the original vendor for the purchase of these carts since their initial Hroll-outH in 1996. Recommendation: Staff recommends a blanket purchase order in the amount of $149,999.00 for the purchase of garbage carts with lids and wheels to be ordered "as needed' from Otto Waste Systems as a sole source purchase. Funding from account code: #433-3711-534-49.35. Attachments: Department Email Email Quote from Otto Industries, Inc. cc: Jackie Rooney, Purchasing Manager ~ ~L~ Message Page 1 of 1 Nadal, Patsy From: Quinlan, Donna Sent: Thursday, October 13, 2005 3:03 PM To: Nadal, Patsy Cc: Butler, Lula Subject: Otto Environmental Systems Patsy: Per our conversation, we would like to do a blanket approval to Otto Environmental Services Inc. for the purchase of the City's garbage carts,which includes hot stamping. Our budget for fiscal year 05/06 is $149,999. We would like to have City Commission approval now so that "- we can order carts as we need them. flfuurh, ~ 10113/2005 ~ W e ,,;, .!:::;: ~ :;::0..,5 1::",co CO,.., 0.. @"'c6 ~"''O :s:!groll ENZS ..c ... 0 17l....i''iij E ,.N"'O to E'-t:: ..~~'"@ ~ E .. ro I .- Q)....:at:: E I Eo.'~:p 1,--,Q)~1Il ~...(/) ...W co 32 :>: 'E ell ~EraroC) Q)...t:: "'O.t:: C ::;:~ i(l.!,1'o _ c: O:::'C ~ ~ ~ i-" 0- :2>::;: $: !!l i:l o E.... ,!/l.ll!. : oc...c , ... CU 0 ::I :u.U)~U) ~5 o~ a51 ~1::'O . Q> 0 0 Q).c a. Eo~x CO c CO Q,) cnco.::.: Q) Ol-c ::I I ..c c c: 0 :;:.0<0>- Q) -0 (/) L... c:mt:::.E "CO ~ ~"'C E ro L... f!: Q) (f.l.E 0 ~ (1) Ol 5 (lJ e> c: ..c: ..c cc.- ..c.~ Q) 2 ~ c...o ~:::J"'C= en Q):;: 5"'ffi.~ "0 :;:;::I>C: (0- Q) co t Q).... ~ &:6 ~ ~ ~aSl-g ro >..... 0 .::;:.<uco- Q) 3:..c en ..c 0...... CO I- I B .~ "''''~''' O>C"')MCD .q-I!)OO ~-q--""," ri ~ N .,,,,., '" ~~~ 000 000 !2s~ .c.c.c " " " CO '" '" Q) Q) Q) "'",,,, ~('i)M c:o . . ..,."'0 ..,...,. @)@)@) en en en 1::1::1:: '" '" '" 000 e e e .Q.Q.Q rococo C9C9C9 "''''''' "'to'" o~ "'''' 'N "'N N~ N. ~ "'~ ~ o o ~ ~ c Q) t' Q) a. o e '" Q) .~ '" Q) N- N '" ~E oq.+:o en @)Q) e Q) o~ :;:; CO ",.c 1:: t' o ::J ~Ul e- '" Q) ~ ::J f-u. '" c:o c:i ~ ..,. ..,f N '" <i! f- a f- Cl Z ~ C9 en Q) C) -s C1) ~ =0"'5 ~ -Q) 5~ f/) 3'-..c uB-c:!""'U c: :J c: c: U) ro~ro.gc: (f) '> ~ 0 0)-;: ::113 .~ E g g..g ; Q> ~ ~ e rotQ)~a. ~o"EC:Q) -.c 0 <U:6 o tI) L... 0 Q)Q):J_g (/)..c 0 (fJ :J _ >. Q) ::I ~.~~1iig. a>Q)(O"C...... 'c::Ja.1:'Q) ~ c: Q) en ~ ~ .9.~ C U)O:JQ)~ ~CJ~..o"O U..9Q,)Q)c .!:!2 "'C 0>-5 co "'0 Q.) (lJ '- - CLlt):;a>.@ 3mogro cne-groU <(Q)Q)1i)o .9 -0 ~ '" i: .E "" o .Q -0 e '" ai E '" 5 o >- - o "'ffi1ij ~ ::J .Eo en>- "".c c:=: jg :;: - '" - e .~ :i: '" ~ ",0 <( :;: """"'! ::;: AGENDA ITEM NUMBER: 'E;L.'-1_ AGENDA REQUEST Request to be placed on: October 25, 2005 Date: October 17, 2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: The City Commission is requested to approve a blanket purchase order for hot stamped garbage carts, lids and wheels from Otto Waste Systems as a sole source provider, for the total amount of $149,999.00. The garage carts will be order as needed for fiscal year 2005/2006. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO_X Recommendation: Staff recommends a blanket purchase order in the amount of $149,999.00 for the purchase of garbage carts with lids and wheels to be ordered "as needed' from Otto Waste Systems as a sole source purchase. Funding from account code: 433-3711-534-49.35 Department Head Signature: ':"\ _ ~ ~ '\ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (requir d on all items involring",XPJl/1diture of funds): ~ 10 ''''o~ Funding available: es No Funding alternatives: (if applicable) Account Number: 433-3711-534-49.35 Account Description: CART RENEWAL & REPLACEMENT Account Balance: $, JI.J~, c; Q9, 9-( City Manager Review: Approved for agenda: 6~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved TO: FROM: THROUGH: DATE: SUBJECT: MEMORANDUM David Harden, City Manager Patsy Nadal, Buyer Joseph Safford~oe Director 10/19/2005 DOCUMENTATION-CITY COMMISSION MEETING ocrOBER 25, 2005- BLANKET PURCHASE OIlDER FOR SODIUM HYPOCHLORITE AND CALCIUM HYPOCHLORITE TABLETS Item Before Commiaion: The City Commission is requested to approve requisition number 121395, a blanket purchase order valid from 1010112005 Ibm 09/30/2006 in lbe amount of $43,500.00 for lbe purchase and deIiveIy of Sodium Hypochlorite to four (4) locations in small quantities due to truck aa:esstbility and Calcium Hypochlorite 3" PPG tablets from Poolsore. B..Ir:........nd: Sodium hypochlorite is nsed as a disinfectantlantimiaubial agent. Currently lbe City purchases this product from Allied Universal Corporation in bulk lanker loads for other locations. Gulfstream, lift Slations #50, 80, and Owens Baker requires quantities of 500 gallons and 1,000 g;dlons and cannot accommodate a tanker size truck. Allied will only deliver in tanker quantities. PPG calcium hypochlorite is a dry fonn 3" tablet of chlorine that is efficient and easy to 1ISe. In solntion with water, it is nsed as a general disinfectant to destroy bacteria, algae, slime, fungi and other microorganisms in lbe sewage systems. Delivery for this product has a 1,320 pound maxinmm size at the location. "This is considered a small order for delivery. Purchasing was unsuccessfu1 in acquiring additional quotes on both products due to delivery restrictions. Quotes submitted an: as follows: Vendor: Hypochlorite (gal) Calcium Hypochlorite (Ib) PooIsure $1.22 $1.60 SoutIIu-.... Svstems No Bid $1.77 Chemical Sales Sodium No Bid No Bid JI.........mendation: Staff recommends a blanket pmchase Older for the pun:hase of Sodium Hypochlorite and Calcium Hypochlorite "as needed" from Poolsure per Quote #1936 for an estimated amma1 cost of $43 ,500JlO. Funding from account #: 441-5123-536-52.21 Attacbments: Pricing Quote #1936 Department Email Request Requisition #121395 ce: Jackie Rooney, Pun;basing Manager t ~L5 OCT-18-Z005 04:4ZPM FROM-GE Manaiement 5613838799 T-OZ4 P OOZIOOZ H56 1...'lllOct .18, 2005t 10: 44AM~44 rill. ~~I' Ut U~L"~' D~K~" No,9134 P, 3/3"""'4 an..--.- PI"" flR)fldl.... CIlr' "'D"_ WIll,...... pdd...tlIII'...............IIIIII__ -1IOOlIlI_ &. - 11 1'Ji ... "" wrlDOlb IIlIQOI ~ "'Nn7-'I'! .... -IICIIE II:: flAXiI:: AT1N: "'..-..1". fWolO'{ WI WO'ON 1mJI: - - _"of. . ..I\.. .. .......<'.. lit. h dII auoma .. D.-: l' .. .._ IKmI!:: ; - lUll tt- ........ -._........(4' 111 III ___1.000. ~ --,." Tl II, .. r' 'In -.---ft.., .-....,.... liMa. - UlIIt . -. l'dlUIIIII>> I~ .... - . 1.1. :l 1.1.J.- - 1. "- of.Ltr 1 ... -- .... I. LM liLt'.. 110 .... ~~~II:s.~ LUIUI . 11_ HI ... . .... 1M ua 1'" .... ". I nor'" -.. PlIO ,........ r-- ...-. l. i1,~tl ..,.. ~.....,.,.-.,......... . . ClF_ .. pi ... PM A1TIIII'I"fOH: PA18Y NMW. ........aa.n. . Nl'l'WfI ...:llta YaUIIMTCDIlITACT" ......eu.n... 10/18/2005 09:18 FAX 77p9225587 ,.., ,..,............ ........,...v ln/\ :.JtllL...olrIOb SOUTHEASTERN ~1rY U~ U~LRAV' BEACH IgJ 002/002 IaJ 002/002 ...... IIF" Rn~,..- ~~ ~ PIelIS8 provide the CKy 0# DlIInI1 willi your best prjcing fOrUle ....... ..... and rBtwn ---p- -~ Tllantyou VENDOR: ~~INC. ADD-iifS: ,.. - .IOIIE-= FAX #:: ATTN: 770-...... 6587 PI1* Pnmer 1JI1.E: QIJOrE t D-.: ~ - 11_'" Yo_.,,_ r 11............(.,. - _._..1.-.... _peril 1~",. r!.fI1. .11 J rr__....4tD..,.(1).~ ...-. .""'8_bL..-.. ~,,,,SadIwn 11)1 ~ lhllJiII...CaIc:ilIm IlK ;Illoriloo 1.. - . I 1.... x Clt)' uaru Ext. S mH.. ~....... .......- , S 1. Tawn o'tGulfldl....... 800 DlJI$ .....g11 2. Lift &tdon 80 5lIO gala 3. LIft --. 50 .. ..... .. 0Ifta ...... Ad LIS t CldcIam Hypoch_ -#" PPG T..... II........ -3 $/.77 1*''''''' :rBJ 1IEl..lIIERY"- AFI1iR _. OF~ COMMEJmI/N01l;S: . po "4~E FAXATTEN'nON: PATSYNADAL~a1..z.u,.71" . ANY'QUEfo,..:lNS YOU MAYCOMTACT_-5e1-243.-7161 FROM : 10/18/2005 11:06 FAX 5612437166 FAX NO. :5618330646 CITY OF OELRAY BEACH Oct. 18 2005 11:30AM Pi IZi001/001 P1't III provkIe" GI:J .. UlIhy WIlt JOUr .... prIlIIng for'" ......... ......lIIId I1ICum _ _ _ f : - T"" 11IInk YOlII VENDOR; CI 'V-q So'I~ CORP ~.: 'JIll ...... - c-rtl! If: ~ ~ ~ - 7 () ;)-/ FAX lr.: SItt..ea3 l1li11 ATTN: ttclge 1111..1; I'.lu...tClfl II I"~ V.......C*lumIIn-A,1urIW 1111 ~n1 ...._ QUOTE I: ~ IIOIE: 1'1.1 V I" L'Iode_.... ..-.............(4). - ......l.llllllpl'. , ..... -'ojIl. ~ - - -._...._(1)T - -_S.S..U ~- Qly UlIIt . elLS II!Jr ~. -.... 1. T_G4'~_n uti 8talIon eo ll. LJIt SbIIIllft 10 0-. ...... Ad US ....~~ s ..... 100 ..... 100 ..... .. .... 1 It.r "_-J"PPGlT_ ,..... 1. s ...~ ~DB n..-"'. 'IWE....~1 ar..... "pi Ill.... FAXAIIIII'fTION: PATSVIMDAL -....as.71.. "/l1l'i ~.ft1lClJ. WIU IllAYCGNTACT ME -....zg..71... AGENDA ITEM NUMBER: ~L6 AGENDA REQUEST Request to be placed on: October 25, 2005 Date: October 19, 2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: The City Commission is requested to approve requisition number 121395, a blanket purchase order valid from 1010112005 thru 0913012006 in the amount of $43,50000 for the purchase and delivery of Sodium Hypochlorite to four (4) locations in small quantities due to truck accessibility and Calcium Hypochlorite 3" PPG tablets from Poolsure. ORDINANCE/RESOLUTION REQUIRED: YES NO -" NO_X Draft Attached: YES Recommendation: Staff recommends a blanket purchase order for the purchase of Sodium Hypochlorite and Calcium Hypochlorite "as needed" from Poolsure per Quote # 1936 for an estimated annual cost of $43,500.00. Department Head Signature: ~.~ Detennination of Consistency with Comprehensive Plan:~ City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: G ,);;{~ No Funding altematives: (if applicable) Account Number: 441-5123-536.52-21 Account Description: OPERATING SUPPLIES 1 CHEMICALS $l/7,..5UD Account Balance: City Manager Review: Approved for agenda6';>~ Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM 01::: t171 TO: David T. Harden, City Manager Jacklyn Rooney, Purchasing Manager ~. Joseph Safford, Finance Director FROM: THROUGH: DATE: October 18, 2005 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING OCTOBER 25, 2005- PURCHASE A W ARD- REFLECTIVE SIGN SHEETING, AND TAPE MATERIALS FROM 3M TRAFFIC SAFETY SYSTEMS DIVISION City Commission is requested to approve the purchase of various sizes of reflective sign sheeting, tape and barricade tape materials for the City's sign shop for traffic maintenance located at Public Works Complex per attached requisition #121985. These items are available from 3M Traffic Safety Systems Division for a total purchase amount of $15,166.60 per 3M's Quotation #5JL0390TC dated October 07,2005. The City Sign Shop keeps a yearly stock of these items for use on an "as needed" basis when making street signs for the City. $11 ,340.00 of these items quoted were awarded to 3M Traffic Safety Systems Division via the Osceola Board of County Commissioners Bid #NR #05-4l2-TM - Sign Materials - on February 21, 2005. Attached is a copy of the Osceola Board of County Commissioners Bid #NR #05- 4l2-TM, Sign Materials. This contract is in effect till through February 21,2006. The balance of $3,826.60 is pricing from 3M's quote #5JL0390TC dated October 07, 2005 (attached). Jim Schmitz, Deputy Director of Public Works, recommends award to 3M Traffic Safety Systems Division per signature dated October 17, 2005, on the attached vendor's quote. Orlando Serrano, Traffic Maintenance Supervisor recommends award to 3M per attached memo dated October 17, 2005. Staff recommends the approval of the award to 3M Traffic Safety Systems Division for the purchase of sign materials via the Osceola Board of County Commissioners Bid #NR #05-412- TM and quote #5JL0390TC from 3M dated October 07, 2005 for a total purchase amount of $15,166.60 (3 M previously was awarded State Contract for signage which has expired and has not been re-awarded). Funding from account code 001-3141-541-52.20. Attachments Requisition #121985 3M Quote #5JL0390TC Osceola Board of County Commissioners Bid #NR 05-412 TM <gL,~ 10/17/2005 10:48 FAX 5612437166 CITY OF OELRAY BEACH , - 1M lI'IItIe....... . Dh" I 3M c.ntw - - ~ _..... .1 ...O...~ It.,..... MN IlUHDS MXI"S-,., -11 'r"'_I..oo/All-1l8D ___1It:a -- '.....", .------------- ------------- TOI C7TY OF DaRAY HAtH (~S) 100 NW 1ST AVE DaRAY BEAOl. I'L 33444-2612 AIiIln; OI\LANDO SERRANO ...... 561-20-7314 "'-= 561-343.7115 Proml SHI!RRY SMrSel< "'- 800-553-1380 ~1In NuIIl"" 5JL03!ilOTC QuoIIItIom ~ Oct 7, 20\15 ~ Net 30 DByc '.0.81 CIeIt:InIIIon ~. '"'- ContIc:t YllUr CSR ~ 003/003 ~ D1 ",llwr 3 RolfS 3275 8UJE R/S 24 IN X !l0 YDS 3 ~11Ii 3275 IlWE sea I "nr..I1'E! RePL Stml 30 IN X 50 Vl:lS 1 RoU 3m MOWN SCO'TOfllTl! ReFL SKTG 30 IN X 50 'iDS :I. RoI'- 3277 GRI!E!H R/S 30 IN X 50 YDIl II ~u., 3870 WHT a. HIGH D'o ,.-lSrTt' SHTG 10 IN X &0 Ygs 1 f\g[I 1271 Y&U..OW R/S 30 IN )( 50 YOS 3 Rolli 3272 RED WG 24 IN X 50 YOS 3 ll<Ills 1272 RED SCO'TOtLml REA. SHTG 30 IN )( so Vl:lS 3 ~1IlI 1172C RED ~ONIC CUTTASLE I'ILM II' 30' X SO YO 1 Roll CWBML ORB ENG GMtIe WORJCZlON& SH'nI3" X 50 YJ) 5 Roilll 3210 ~ SCOTatU1'I! l\eI'L SHTG 24 IN X 50 YGS 5 Rolla mo WHITE SCXITa1~ RIF\, IHTG 30 IN X so YDS 3 Roll. 3870 WHT ct. HIGH INTEl'fS'ITY SKTCli 30' X 50 YO 20 RoIIII SCP5-2 PlUlSPACI! TAPl4 IN )( 100 YDS 20 Rolls SCPS-2 PRESPACE TAP! 6 IN X 100 VDS 10 Roll. sa>5-2 PASlPACI TAPE 24 IN X 100 "tD 1 Roll QY4eLNL PR!S'T1UPED I!G lA!llUCADE 12 IN X so YDS 1 RIln CW4GRNL PIV5TRIPI!D eG BAMlCilDE! 1:l. IN X 50 YOS 1 Roll S98S I'LUOR YLW/GRN \IIJI arAIIlOMD 30 IN X 50 YDS osceu(o:. COG( r1 i '( 6/'J Pricil\~ UIIIt """" Eld. "". .t225.oD $675.00 $281,2$ $843.75 $281.25 $281.25 f281.25 *562.50 $186.25 '1,676.25 $281.25 *281.25 $225.00 $675.00 $281.25 $843.75 $431.2ll $1,293,75 t'\lt'" ~c'll $337.50 $337.50 (a "" p r IC e_) 5225.00 $1,125.00 $281.25 '1,406.25 $558.75 $1.676.3 $10JHl $Z17.2D $1e,29 $325.l10 $65.16 .,51.10 $228.50 ,228.50 $2211.50 *228.50 .1.137.50 $1,837,50 ToI:IIII $0,1...80 TO IILllCE OIIDIIR CALLe I_a IIU DIG _lit :I. TO FAX 0IlDIII.'W.L> 1_ 1181_' I 'd 2:91t1l 3fJ\1d m'ON RECEIVED OCII,? 2005 ftIIl(jHASING,DEPT, 3m 6'N~ HO\I3I ^~ ~ AllO ss m OAS uno '101 NvapS (POl '/ 'I~O pYELEpZ;Y99 p€.IIY geetlLt/llt 3M 651 737 9644 10/18 'OS 08:35 NO.568 02/02 BUYElC Tamml Madison tmad osceola.o Bid Title: Slsn Materlals& Reod Mornings Advertised Dete: Oai:ambe[ 5, 2004 -+--825. B24. Equal OpportunIty: Osceola County recognizes feiir and open oompetition as a /:lesie tenet of publlO procurement and encourages partleipatlan by mlncrity and woman owne>f business enterprises, The CountY requeats minority and women owned business entarprlses to submit Elvldence of such carti1/cetion with submittals. Other entity Use: All 6ldders/Propdser submitting a response to this Invitation to Bid agree that'such. ~ response also constitutes a bid to ell govemmentsl agenoies, under the seme conditions, for the same -;:;'If'' contract price, and for the same effective parlod as this bid, should the Bidder feel It Is In their best Interest to ~= , Each governmental agency daslrlng to accept these bids, and maka an award thereof, shall do so Independently of any other governmental agency. Eaoh agenoy shell be responsll;>l. for its own purchese~ and Elaeh shall be liable only for materials and/or services ordered and received bY~. and no agency assumes any liability by virtue of this bld/proposel. This agreemant In no way restrlots or Interferes with the right of any governmental agency to rebid any Ot all Items. 1:126. PUblio Emergencle.: It Is hereby made a part of this bid that before, during, and after a pUblic emergency, ' disaster, hurricane, tornado, flood, or other acts of God that Osoeole Oounty ehall require a "First Priority" for goods end servICEI., It Is vital and Imperetlve thet th8 meJorlty of cltl~ns are protected from enYemerganCY situation that threatens public heelth end safety, as detennlned by the County. Vendor/contraotor agrees t6 ranllselVlease ell goods and servfces to the County or governmental entities on a "flrat prioritY" besls. 'rhe County expects to pay a felr and reasone/:lIEl price for all products and services rendered or contracted In the event of a disaster, emergenCY, hUrrloane, tornado or other ects of God. SECTION C SPECIAL PROVISIONS C1. Minimum Sl1lndard: Specifications listed herein describe the expected minimum standard. If ony exoeptions . are taken, Indicate on the bid fonn any deviations from the apeclfications and Inolude any explanation or applloablEllltereturs. The absenca of this Indication shal/ /:le considered oomplete compllence w~h the IIstad specifications. These specllloatJons are Intanded to ba desoriptive in natura end are not Intended to eliminate sny vendor from submitting" bid. Note: Osceola County has standardized oertaln aqulpment and supply Items. These items are bid as "onlY" end bidders are to bid 2!lh: the produol and mOdel number specified, Iflhe speolfled model number has b~en . ohanged, bId the letest model numbar available. Alternate products provldad by other manufacturers will not be considered, C2. Bldder'a Specifications: Each bidder shall make acourete statements In his bid, particularly as to types of products provided and any special requirements or options reqUired for oparatlon. C3. Nol BiddIng: If not bidding any or aI/items, pleasa so state. C4. Firm Prices: Unit Prices for goods and/or servlcas covered In the specifications shall be flrm, netdellverad to the orr,fer/ng "'gency, F.O.~. DESTINATION (vendor paying all del/very costs) end shall remain firm for ,the. period of any agreement rElached as a rElsult of this Annual Requirement. . 05. Period of Agreement: Agreement shall be awardeel for e one (1) year term to begin upon approval and ' execution of the County, 6 of 67 OCl 18.2005 7:50AM 3M TCM NO, 293 P. 8 , . S-412-TM Due Date: -. _ . -:. Advertised Date; Decell'lber 5 2004 December 2ll 2005 2:00 .m. _. '. . . Respond to: Proourement Services, 1 Courthouse Sq.. Su~e 2300, Ki~irnmee. R..~4741 PM~ne: '40:7-343'-'0142 'Fax: 407343-3130. . "T8tl4l1e $USf1gth - 2000 P .S.I. "'ElongstiQn - 200 P.S,I. , . .~t:" . 'i- "Tear snngtl'l -;roOI'.S.I. -Heat l'GSistance .. No Slump after 8 h... ,. 11. Type II B:uTicadec. 811ell conform to tns MSOlJ,.1 On . .. ..' Unif("j1TT\ Tn:lfflo CantMI t)evlCllI: material and dimensions shall be as follows: -Hoight -45" .Plllle.l width -12" "Panel color -White NlA 300 $ NO BID $ +Panal thickness . Mil1. 112" .' .epanellsl1gth -36" "Renectlva .h..ling - Typ. ilIA or IifC . 12. SiilTicade Warning Ughts: Sh;;:u meet all of the reqvlremenfS: of the Ml'IInll#ll on Unifcl'l'l'l Traffic c"'.nntrolIlAvioss l'II~f'l r.T.E. apeejf'ica'i;iCl.,S.. DeSCRIPTION 51Zl: ESllMATED UNIT PRICE EXTENDED GElUP# QUANmY PRICe 12.1 Type A and C combination with 3 way(flashlng. ....dybum and off) mod..; 12 vol,. with pllolo 0011 N/A 300 $ NO BID $ 12.2 '\'lie B (12 YOlt) without photo CQJl NlA 75 '$ NO BID $ TOTAl. em FOR GROuP 12 I."'ond." prices): $ NO BID 13, DelineatDr Po~ pO$(: ahall be flanged Cl'lanneJ t)-pa; steel. 318- holes dt':lUad on one inch (1j centers, baginnirlg one inCll (1') from top 01 post for the roa length at past. POll 500 $ NO BID $ shall /'l;ave a hot-4(pp~ gB/vanized gga1jng coorrtorming to 7' ASiM specJflca1fon A123. '. 6 containers 845.'1Q Sblinark brand ccrll~ct cameTIt #&-44 or equivalent .5 gabon containers 140.85 s gallon COntainOl1il 8 oontainers $ 140.85 .AbnasiOI1 Resistant Sun Country, Prismatic RefleQtlve Pa~8mlU:lt Markel" (Stinu;:cmitlEl Mode! 811, A"or e:Qu;QI@); . 16. E!SilMATED UNiT PRICE EXTENDED GROUP Product DESCRIPTION QUANTTlY I/- I/- PRICE Product * Reflective railed pavement marker, one ~Ior tli~direc:fiDnaf $ 9500 _ 00 18.1 RPM-290-2W retl'ectotizad h10es - white, m and yellow 10.000 S .95 RPM-290-21t !U'K-291-2Y Product1/. A.aftective raisad pavement marker. one color bi-dirBctiD~s1 1.25 $ 250.00 lS~ RPM-295-2] fGfJ8'CtOri2;ed tseas - blue 200 S Product.,; RBflective raised psvemem: merker, two color bt-direotiorylP' MOO S .95 $ 4750.00 16,3 RPM-290-WR re1I8doriud faces - any cornbtnBtidh ?f white, red. yeUQW RPM-290~1JY lU'M-291-n Product '* Reflective tal=ee1 pavement mark8r, l1'lono-dirQdional 10.000 $ . 9000.00 16.-" RPtI-~99 -w rellecr:orizad face - whita. ran. and yellcrw .90 RJ'M-290-R R1't1-291-,{ TOTAL 810 FOR GRj;UP 16 loxIsnd.d/.rtc..;; $ 23,500.00 MfgJBnaod Name: M Company 3M 1.4 MII7 OCT. 18. 2005 7: 50AM 3M TCM NO.2 9 3 P. 9 Bid No. ~5-412'TM . Due oate: . n I Advertised Date: Decemb.r 5. 2004 December 28 2005:@2;00 O.m. . '. '. Buyer. 10mml Mad",on Respond to: Procurement Serviees, 1 Courthouse Sq" Suite 2300. Kis.s7mmee, tmad@osceola.O!9 .. . FL 34741 Phone: 4Q7-,'l4S-,'l142 Fax: 407-34j..3130 Bid Trtle: Sign Materials & R9ad Mari(/ngs Dwable Pr'imertess Retro~fJeefiv8 Ftrefonned Pa'V8ment Markings: .;.'!.'. ~ I 17. ; GROUP Prodtlct * DeSCRIPTION ES1Imstod UNIT EXTeNDeo # Quantity PRiCe PRiCe 17.1 Product # I-ligh/y durable reflective prefOrmed pevement mar1dnSI. 'With a pr-..sure- 6330 sensiUva ~dh8$ive (with liner) . whiM or;'&flow tape: Whit. Only 4' x 3D ydo, Broils $ sa .50 s J5L 00 not a.va11ab e 6' x 3D ydo. 6 rails $ 87.75 $ S26.S0 in ye.llow B'x30 """" 5/011" S 11.7_00 $ 58~.DO 12' x :lO yds. 5.,11. ~ " ; S 1'.5 -SO S 677 .50 lB' x 30 yd.. S reUs $ 234.00 $ 1170.00 24' x 30 yd.. Smile $ 351. 00 $ :1.755.00 17~ -.uatll Highly dUrabl. re~.otiva preform"" (I1andicap) paveman.mar1dng symbol. const'rUotsd In Ohe piece of. solid blue and whtte pOlymer based rM1erlaJ with " pressLJre-8&1'1$iUV8 Bdheslve Protectad by I rernovabfe Dner: 30' x36' $ No Bid "loS- x 52- 10 $ 15 $ No Bid $ TOTAl. BID FOR GROUP 17 (.",""oed pti...): $ 5265.00 I MfgJBrand Name: 3M COllli>""Y/Stamarl: Flucres~nt Wide Angle Prismirllc R.stmreflQative ShCllltinl; (2 Cypll:&') (Aor equal@): 15 of 67 OCT, 18.2005 7:50AM 3M TCM NO. 293 P. 10 " Bid No. NR#{)5-412-TM . Due Dete; .. 'iia I o. I Adve~d Date: DeQl)'1ber 5, 2004 Oece1Jlber 28. 2005 2;00 .m. . .: Bu~:;,,~ammi Madison. . Respond to: Procurement Serviees, 1 Courthouse Sq., Surte 2300,. Kissimmee, . tlnad osceola.oro .. . FL34741 Phone: 407~42 ,Fax: 407-S4S-a1M. .. . Bid TItle: Sign Materials & ~oad Meri<ings 18.1 Productfil ReflectIVe at'leetlng. prlsmwc (fyps A). with ~ressul'&-68nstt.lve adhe:sive blc!dng.. fluoreecent yellow snd grNn: . : ..1. ~~ ' 1'" 398a 12" , so yds. 4 lOU, $ ns .00 s 2940 .00, 24"'50~ 4roll.$ S lA70.00 $5880.00 38' , 50 yds. 5 rails $ 2205.00 $ll,025.00 48', 50 yds. . . .' 5 rolls $ 2940.00 $14,700.00 Custom '""~dIh (Olherlhan _1ls14d above) .. per sq ~ S 4, ~O 'N/A' 182 Product '# Re8ecUw sheeting, ~r!smStic (t:iPe 8), with praasura..eensttive adnG::sive 3963 baoking - fluotea.;ent yellow and graen: 12" x SO Yds. 2 rails . $ 735.00 $ 1470 .00 24" , 50 yds. 21'0015 5 1470.00 $ 29'40.00 38' x 50 yds. ,~ roDs $ 2205.00 $ 4410 .00 48" x SO \'do, (36" i.. <he w:l.dut fo" 3~63) 2 rolls $ NIA. $ HII. . c_ 'engWwidlh (other 11100 _ _ above) * pe-r:sq ft 5 4.90 N1A TOTAL BID FOR GROUP 18 $ 43,365.00 MfgJSrand Name: 31ll Comp&nY 13M Type 'jJ..D Wide AngJe Pri$matic Retrol'"e1ledive Sheoting ~t oqual@): 18, 19.1 Product # Re1Iedive o'_g, prlsllUl~o ~e A). wtln Pruo"_nsiliv. .dhem", backing - white. red, green. bJue. yellow: 3990 Wh;i.te 7 @SO\'do. al&'IS ~ 265 .62 $ 1328.10 3~91 Yello 9" x so )'do. 10t'Olls $478.12 $ 4781.20 399. Red 12" x 80 yds. 5rolls $ 637 .50 S 3187.50 39~5 !lue 18", 50 ydo. 8 rolls $ ~5a. 25 s 4781..25 3997 Gre.e.l1 24",80 ydo. 5roJIs $1.275.00 $ 6375.00 30' , 50 ydo. 10 roilS 11.593.75 $ 15 ,937 .50 :)6' , 50 yd.. 5rofls $ 1912 .50 $ 9562.50 48" , 50 Y<fS. 5rcllo $2550.00 $ 12,750.00 N/A Custom Jengttlfwidth (01her than :,ius IlstlO' sbove) * par &q ~ S 4.:15 10.,2 Produd:# Reflective shMtins, ~r/.smEftig (type B), wfth pl"8!Sure-seneiCive 'lIdhesiva .- 3970 Wbite bacldng . wMe. red. ,graen, bll.le, yellow: - 3~71 Yellow 12"x50ydo. 2 rolls $652.50 $ 1305.00 3972 Red 18",50 yds. 2 roll' $ 978.75 5 1.957.50 3~75 BJ.ue 24" x 50 ydo. 2rolls 51305.00 $ 2610:00 3~77 iO::..n 30~xSO )>dB, 2mJls $1631.2.5 S 3262.50 Sa" , 80 ydL 8 roilS $ 1957.50 S ~787.?0 48' x 80 yd.. (36" i.. the widest fo:: 3970 Serie.) 5roJls $ HIA. S N/). Custom JltlgttuWldtr. (other than sizes listed Ibev.) '* pSfSq ft 14.35 N/A TOTAL 810 FOR GROUP 19 S 77 ,625.55 I Mfg./!lrand Name: 311 ComPany/311 20. I i"YFl8 lJ Enclosed Letl$ FletrlJrBfJectlv~ Sheeting: 20.1 Prod"of;:' Engineering grada re:f1ecaYe 8heetlng 'Wtlich lXlnsilts of enclosed $pheriCIII 3290 \/hi te lenS' elements embedOed' withilllil tranS'pSrGrrt j;llatic havJng a smooth flat 3271 YellOW Outer ,wfa~ and,a Qr.essur$-lensJIIv~',adhesive backing - red. ye.new, 3272 Red t1lu&, green, whlta, brOWn: .275 Blue 12", so yds, a roll::. $ ll2_50 . 675.00 3277 GrlBen 6mU~ ~ 168.75 ~ $ 10ll.SO 16" x 50 yd., . 327~ B:;o"'ll 24~ X 50 yd.s. 6rolls $ 22.5.00 . "^':~' IC- 30" x 50 yd.. 2fQIIs $ 281.2.5 ~ 3." , SO yd.. 2 f<lIls S 337.50 . ;oo:~o 4a" x50 yds.. 2rofLIl $ <.50.00 Cl.lStQ~ lengths (otl'ter than listed ,bove) peJ'sq It .', : s .75 N/A .. 16 of 67 OCT. 18. 2005 7: 50AM 3M TCM NO.2 9 3 P. 11 Bid NO. AIR#OS-412-TM Due Qa1e: "~,' . - ;'Iffi. I Advertil5ed Data: O~b6r 5 2004 Deoerriber 28. 2000 2:00 P.m. .' . BU":ir:ammi Madison' R..pond !o:=i3':"qllrernant ~cea. , Cowihouse .Sq., !>uite 2~cioi KiSSimmee: tmad 'oscoola.orn FL ~474' P~one: .41l7-343'3142 Fax: 407-343-3130: , Bid r.'lIa: Sign Materials & Road Marldngs TOTAL BiD FOR GROUP 2D I_dod prlct>s): Mfg.l8lWld Nome: . ".:ht.'" . ," $ 5,1.75.00 21. RetrDrWIec:tive I='refgnnad P'Ilve&nsnt Marking M'ate~l tel' C"nostructJon Work Zonee; '. Product#- Metallic backed rmIecttve preformed pavement marldnSS. witt! ill pressur&- sensltlva adl'1e.sJvs (wtthout Ilnar) .. white cryallow tape: 4.x 100 yds. 6' x 100 yd.. 10 roll. S No a:i.d $ 40 mils $110 B:l.d S Custom ,aog!M.idlt1 (Olhar man ..... Ilmad above) .' ,fila, B:i.d ., ,Oaraq ff NlA TOTAl. SID FOR GROUF 21 IlIXIatrdsd pri_): I M1'g.IBrand N&ne: I S . 22- ~m~bJe ~trClf'1lflectlv. PnsfClm1ed h'V8mern Milrl<ing MatemJ for CQnstruction Werk Zones: Produet '" ~&movab'e tefledfve preformed pliiliVemem marKings. wtth 8 pressut&- ...neil!ve sdhe&\lo (wilIlout liner) . while or yeaow tape: - A750 Wbite 4"xSO)'ds, A75~ Ye~Uo 6~ x 5D )Ids. 10 rolls . .Sl4a .50 S L485.. 00 . 40.011$ $U2.75 $ 89l.D.00 CU"""" IarlQlll/Wicllt1 (Olher "'on -.. _d Illove) " per sq tl 82.97 N1A TOTAL SID F<lR GROUP 22 I_ded ~): ; 10,395.00 I MfgJlrand Nama: 311 COlllpmw/St.......l< 23. "Type IV RetroretJ.cfiVs Sheetlng1DT the WDrk. Zone: 23,1 PlOduct# Hi;h performance reflective sheedng (type 1\). for l,l.Ie on f1tboundable plQtiio ;stabsba:f:e WQrkzons tT:i:me eon~l devtces. with pl'U&UJ"Bo-6Bnsffive S8~O. =te adtl.~e beckJng - wnite. yeuo'H. orange.: S8ll reUo 3"x50)'ds, S rolls $l4B _1.2 S 74CL 60 4" x 50 yds. 38~4 0"SJ;lg 6" ..sO yds. Srallo S:L97.50 ~ 987.50 S" x 50 yds. Sroils 829g.15 S ~48L.2S -- - 10"xSO)'ds, Srollo $395.00 $ 1975.00 12"xSO~ 5rcns $483.75 , 2468.75 , Sroil. $592.50 $ 296.2 .~~ Cu.tom let1QlhS (olt1or1han Iietod Gov.) * $3.95 N/A pot 'q n 23.2 Produ", " High periormance ~nOCllV. aI'lee1ing (type B), prestr1pld ben1cada sheeting with pressure een.sifive ac;IhesN' bac4clng .. 4" Of ~ orange and 3:1.4 t/ll white stripes. riOnt or Iett: ns L/7I. 8' x SO )'<Ii'- 2t=U8 SIll.75 $ 223_50 e" x 50 yds. o ran. $149_00 $745.00 12-):; 50 }'de. 510Us $12.3.50 ~ 1117 ..SO Custom Isngths (otJ'ler Ulsn l!.sled abOve) '* per sq ft $:1..49 NlA 23.3 Product#- High perfonnancu refleetlvo !'heofJl"Ig (a), lor USI on rigid substrate ~rk %Ol'lG safety deviCM. wifI;I pressl.l.rt:-Sanllmve IdhNive I:lacldng .. white, 3820 Wltite yellow. orange:. S8ll Yellow 4-x50yds. sroils S 74.50 $ 372 ..50 3824 Orange 5mlJ:r $llJ..75 s 558.75 S' x so ><11. 5 rolls $335.15 $ l676.:lS I '8" x 50 yda. 5rcfla 3447.00 . a3S .00 2'" x SO ><1', 5",11. $ 5SB. 75 $2793.75 ~O" x 50 )'da. 3S' x SO yds. 5rol.. $670 _50 $ 3352..50 48""" SO yd.. 5 rolls $894.00 , ","70,00 Custom lengths (Dther1l'lliiin Illtec:lsbovlo) " j:l8r.sq tt SL49 $ N/A 23.. Pn;ldl.Jct# High performance retledfVe sheering (C). for UllIe on ~VC lriffic:: cons!;, '. , 17 ""'~7 OCT, 18,2005 7: 50AM 3M TCM NO, 293 p, 12 Bid No. ~12.TM , Due Oate; 'i-tlil I Advertbed Date: DSQ6mb'lr 5: 2004 C"""mber all. 2005- 2:00 a.m. . . Buyer: I smmi MadiSOl:l Respond to: ProClJrament iS9rv1ces, 1 Courthouse Sq., Suite 2300, l<issimmee trnadtlilosceola_org , Fl 34741 Phone: .4{l7-s43--.!l142 Fax: 407-343-2130. .' laid Trtle; Si~n Materials & ~oad MarKIn~a , . with .QrQ.QlJnNlensitive adhesive bacld'ng - white '-'and 8" bindS (1 00 per 3840 '.C pedc:sge: . ~.~ ' '/' 4". InCh band : u_" , 2 ok;.. S 2"".SO S 48~.60. 3840 6C 6~ - inch bend 2 pkg.. $ 236.70 $ 47J ..40 TOTAL BIO FOR GROUP 23 (..,."aed prt""): I Mfg.1llrand Name; J)! C""'P&rlY/3M . . $ 2~,l23.35 , 24. Type IIJ-A or IIJ-C RatJ'otatlective Sheeting: 24.1 Produot# High performance, retlactrve meetinlt (type A), With pr&S:s'u~el'l&itive adh~ backing. White, ~, green. blue, yellow, brawn: '. .. 3870 White . 00 )'do. . 3Sn 'hllow 6".50)'d.. e rolls $55.88 5447.04 3872 Red 9"60 \<IS. 101'011:;; Slll.75 $UJ.7.50 ' 3875 Blue 12"x50 )'ds. I 2S reUs SH7.62 $(.J.~0.50 3877 Gr."", 18..50yda. 8: rolls S22.3.50 $1788.00 387~ Brown 24' x 50 Y<l<. 8 roUe 5335.25 $2682.00 sO'. 50 )'ds. 10 rollS $447.00 1f'47o.00 .L 38' . 50 )'ds. S""'" 555a.75 4a- x 50 yds. S roll. $670.00 ' 54020:00 I"" 8 roll. 5894.00. 371.5LOO Custom longth& (o1her than _lli>cva) * $ persq 11 ~.4~ NlA ~4.2 Produot .. 'Hlgh perfonru,nce, reflective ."..Ung (type s~ wil'. pr....ure s_iUve adfl esive baeking, p eIforated for lJSB in eJectronlc ClIfting maehir1e$.. Whits, 38605 Wll:i.t' recl. ,green. blue, yellow, brown: 15"xSO~, (o~y ,"vai ab ~e 30'. SO yd.. 15roUs $ 2~6.1.2 S 4471.80 11':1 Wb;i.te) 10 rolls $ 556.25 $ 5962.50 CI.Istom length.s (other than Hstea' above) * $ NlA par sq ft 1.59 TOTAL SID FOR GROUP ~4 (oxtond.d Pricu): $ 40,)77~.34 I MfgJB"md Name: 3M COl1lV&nY/J)! I 25. .. I SfectronCc:aJly Cuttahle Fibn f.or Use .on Reflective Sheeting. Type II, Type J!l-A~d Diarncnd Grade: 25,1 Product # eectronlc cuttabla films, ....nth preflsuJ"&oIiensifive aQhuive backins, - ,- n77 oel"forated for use In a Gerber (.sptoOl<et1ed) electronIc euf1ing machlnu: . un 15":t 50 )'d's.... green 2 rolls $ 215.62 $ 431. 24 1S" x 50 )'dS.. led U75 15-" 50 YCUs.. bllJe 21On8 $ ill .62 $ 431. 24 un 16" x 50)lds" yellow ~rolls $ 215 .62 S 431. 24 U74 ,5" x 50 )Ids., Ol'Clnge 2m/Is $ ill .62 $ 431.24 ll79 15' x 50 )'ds., brown 2rclis $215.62 $ 43:1..24 U78 10"x50yoo., black 2roUs $ 215 .62 ~ 431. 2!> 6 rolls 3W.62 :1.078 . J.O Custom leogths (other Ulan listed above) * NlA peraq ft 5;1..15 un 30. x 50 yds., ~8n 2ro1r, $ 431.25 3 862..s0 30. x 50 )Ids.. rod .L- un 30' x SO yds.. yellow 2 rolls 5. 431. 25 \ $ a52 :50 ~ un 30' . 60 )Ids., blua 2 rolls S 4.31. 25 ll75 30. x 50 yd'S., orange 2 roll, 5431.15 $ 862.50 ll74 SO" x SO lIdS., brown 2roUS S 431.:15 S 862.50 U7~ 30' x 00 }'do.. blocJc 2roll.$ ~ 431. :IS' ..i 86:1 .50 U78 5 rolls 431.:15 2156.25 CustOm lengths (other'lrian listed a~ove~. * perSQ It $1.15 NZA 25.2 Product'i# l!Iectronic cuU=bre film.s, with p...Uure....e...aitive edhesJve ba,*,ng, ~ Oll!rfOrsl&l;t for uae in eJer;tronic wtttng macnlmra: 1177 48" x SO yOs_, green 10 rolls S 690.00 $ 6900.. 00 U72 48" x SO)lds. ,red SmUe S6~0.00 S 3450.00 U75 48- x 50 yd... blUR 2 roUe S 6~0.00 $ 1.160.00 un 48" x 50 yds.. yellow :I rolls ,$690.00 $ J,Jao.oo 1174 48" lC SO yd,s" orangs S roUs '5690.00 : ~~~~:~~ . U79 46' x 00 Yd.. brown 2 rolts 5 .O^ ^O 18 of 67 OCT. 18.2005 7:51AM 3M TCM NO, 293 P. 13 Bid No. AlRl'ro5-412.T.Iv1 Due Data: . ,'~ I Advertis~ Date; DeQember 5,'2004 DeCQIber2B. 2005"ll'l> 2:00 c_m_ . '. Buyer: Temmi Madison Respond to: Procurement <l~rvioes, 1 Courthouse Sq.. SUh. 2300, Klilsirnmee, tmadlftlosceola.otQ FL 34741 P~ona: 4Q7-3~142 . Fax: 407-343-3130. . . Bia Trtle: Sign Matenals & Floed Markings illa 4a" x 50 }'do., bloci( Cu.stom JenSD'ltI (other than listed' Glove) TOTAL BIO FOR GROUP.6 (oldsndea pliON): Mfg./Brand Name: M &n II t' ,:1,~ . 't $ 690_00 $1.15 S 6900.00 N/A - Removahle Vshic.le S'heettns: 28. Product * Highly dUrable f1m:jble, rAMDvRblA anolosed Jan:s retlocUve St'leeH'lg with 680CR-64 Gold oontroltao E1dneaive designed for the ~rQducU~m o1l'nUlticolor vehicle .. 6S0CR-71 Yellow m:Eu1dngs - gold. yeJlcw, Ught blue.lernen YGlIlIow, ruby red and black: 680CR-76 Lt. :Bl'l,;l.e ..," x 5Oyds. $ 774.36 S :.l097.44 48- x 50}'ds. 4rolla 680eR-BJ. lemon "l el10 ClJ~.om lel1gfh/w1dt/'l (other than ,Ius listed above) *, 4rolla 'lS48.72 S oJ.94.8S S80eR-a. Ruby Rsd . par2q it , 2.sa:l.2 'N/A 6aOCR-BS Black TOTAl. Slo FOil OROUP 2B (OJdMdOd prtc;os): $ Mf~.I6""'d Name: 3M ComPany/3ll 9292.32 $ :.l5 836.79 27. Durable FJLI"r8&C2f1t Orange Prismatic Reflective Sheeting tOl"tha Work%ons; ProdLJet #- Refteclive sI'1atding, prismatic type, wltl'l pranure-eensJltve adhesive baddng . fluomecenl or.;1nge.: I S 10S0 .00 392. 12' x 50 yd.. 2I'QUs $ S2.5.00 .2.... x SO yds. 4 reUs S'1050.00 $ 4200.00 . 35' x 50 yd.. S lOlls S 1.575.00 $ 7875.00 48' x 50 yds. S",1lo $ 2100.00 $ '"0,500-09 $ Cl,I.stQm IangttlJ\vlcttn (other than .1ze:I naiad .bove) , " per sq It S 3.50 NlA TOTAl. SIO FOR GROUP 27 ('xIJmd.d ptIosa): S 23,62.5.00 Mf!I.I6,.."d Nam.: 3M C""'P""'1/3lI Prismaflo,. RetroratlectJve Markings fer VehlQG CQllSplculty: -. 2a. HIShly taflEIl;:tive prtsmafio lens ahael!:ng wrtn prassura-esnnive adhesIVe - ProduottJ. d~igned fortn..Jck lilnd tra~ar markJngs - redlwhite.: 983 -32 2" x 50 yds. 5 ",II. S BO.Oo $ "00.00 5 rolls S ltO-OO $ 500.00 3- x 50 }'do. 5",118 $ 1 0.00 $ SOO.OO 4" x SO}'do. TOTAL BIO FOR GlllOUP 28 (ex/'MO<! prtc;u): .1.500.00 MfqJBlWld Nam,s: oK ComP&I1'J' 13ll F2, THE FINAL BID SCHEDULE (extended prlCINi)c Total number of groups bid: 1.4 TOlal Bid Price for Group 1 ...............................................m.............._.............._._................................$ Total Bid Prlca for Group 2 .............:....m.............................................._......_......_m.._.._m....................$ To12/ Bid Plica for Group 3 .....................................m................................m..m.m..............................$ Total Bid Price for Group 4 .........................m................................,...........m......................___..._,...._...:$ Totai 6ld p'rice for Group 5 .........-........._...m............................................,............................_._....._m...$ Total Bid Price for Group 6 ..........................................,......~..............._.._....._..._....m............................$ Total Bid Price for Group 7 ........................_....................................................................._................m$ Total Bid Prfce far Group a ..................................................................................................;...........-....S Total Bid Price for Group 9 ..........._.............................................................._..._.._._.............:.................$ 19 of 67 No ;Bid. N'o Btd No Bid No ~.d No a.d No Bid No Bid No B.d No aid ocr, 18.2005 7:51AM 3M rCM NO.2 9 3 P. 14 Bid No. AIR#l)5-412- T1yt Cue Date: oemb. ~,i/l) . I Advertised Cate: Deoa~ber 5, 2004 Buyer. Tarruni Medison Cee er 28. 200S, 2:00 p.m. '. __ Realpond to: procurement SalVi".., 1 Courthouse Sq., Sufta ~oO, Kissimmee,. llnadli'ilosceola.oro '. FL 34741 Phone: 407-343-3142 Fax: 407<343-3130 Sid lille: Sign Materials & Road Marl<lngs . Total Bid Price for Group 10 ..........................................."......:::....................................................c........ $ No ~1d Total Bid Price for Group 11 ......................._................................~'."................................................. $ No Bid Total Sid Price for Group 12 ....................................................'...'..m............m...........m.........................$ No Bid Total Sid Price for Group 13 .................................................................................................................. $ No Bid Totel 8io Price for Group 14 ..........................................................................:.............:......_.................$ S45.~O Total Sid Plice for Group 15 ....................................:..........................................:..:.....:.:....................... $ 1126. Bo Total Bid Price for Group 16 ...................................-..........:............................m....................................$ ~ ,500.00 Total Bid Price for Group 17 .......m....................................................m................................................. $ 5265.00 Total Bid Price for Group 18 ................................................................................:............:.,..,......c.......... $ 43,365': 00 Total Sid Price for Group 19 ....................................................._..................................................:.:.........$ 77,625. 5S Total Sid Price for Group 20 .............................................................................................................mn..$ 5~75 .00' TotaJ Sid Price for Group 21 .....................................................1.............................................................. $ No hrl Total Sid Price for Group 22 ................................................................,............................................'000000$ 10,)95.00 Total Sid Price for Group 23 .............................................................._..................................................... $ 29,123.;5 Tota/Bid Price for Group 24 ............................................................................................................:.......$ 40,771.34 Total Bid Price for Group 2S ....................................................................................................................$ 35,836.79 Total Bid Prioe for Group 26 ...................................................................................................................: $ nn. 3~ Total Bid Price for Group 27 .;..................................................................................................................$ 23 ,6l5. DO Total Bid Price for Group 28 .........................................................................................................m........$ 1800.00' NET 8JD PRICE; $ ,07,741;.25 Itbidd.J'ts not the successful blddor'-as Prime Supplier. wUl bidder be wn6ng to .servo In a .sscor.ldarySl,l~~Jie.r@ capacityul'lderth4' .:!iilmetSrrn.3 and l;Ql1wtions contained herein?-4-YelJ,_no. To rhG Purchasing f)lr4~r. By my l1/gntltura beloW' VWe the IJfldflTSignsd cenJfy that this Bid i$ genuine, not collusive or tmtdGl in behalf ofanothe.,. paf$on, firm or ccrporation not named her$in and that the unde,../gn8d has notdir'sdIy Qr IndltocUy induced or solicited tiny other bidde.rtosubmlt a$hiJm bid .or any oti)~t penian, fJrm or r;otpor'aticn to re/l'tlitJ ITom blddil)g snd1JJar the underJ;!g",d has nat jn oEIny manflY sought collusion to $~U~ himsi/fan advantsge: OllOf'WlY other bidder. $y submittal of this bid the undttrsignel:llgtau to .blde by ~1 tarms .nd oortdltJons sat forth hereill including but not limited;D the sPQcfficEltiQfl,$, bid $(!JcutTty, prompt ~ontracting Ina timely doJilltuy of the sef1l(co$ and/or squipment to bo p1'QQursd hsreby. Prompt P_>T"ent Discount 0 % Cays DisCQlJl'Jt 'tot' prompt p.ym~t at 30 d~ ot' long., milY' be Qcn.rldet'od In Ev./wtion of Award, I SjgnatLlta of Authori;zed Repruerrtiltive: I Date: 12 -23-04 ntad Name: :Denn1s J. Johnson TJ'dB: COD.~re.ct Speci.ali..e.t: ACKNOWLEDGMENT IS HEREBY MADE OF RECI!lPT OF ADDENDAJSSUED DURING THE SOUCITAllON PERIOD: AllOENllUM' THROUGH ADDENDUM 1# * ~t~ length rolls pr1~ed by .pec1al quo~a~ion 0017_ Pleese canUCl: St. Paul at l-eaO-S53-1380,.Prompt ~. 20 of 67 AGENDA ITEM NUMBER: <1SL\...p AGENDA REQUEST Request to be placed on: Tuesday, October 25,2005 Date: October 18, 2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approve purchase award of sign materials and barricade tape materials for the City's Sign Shop from 3M Traffic Safety Systems Division via the Osceola Board of County Commissioners Bid # AIR #05-412-TM, Sign Materials and Quote #5JL0390TC from 3M Traffic Safety for the total purchase amount of $15,166.60. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Approve award to 3M Traffic Safety Systems Division for the purchase of sign materials and barricade tape materials for the total amount of $15,166.60. Pricing per the Osceola Board of County Commissioners Bid # AIR #05-412-TM, Sign Materials, and Quote #5JL0390TC from 3M Traffic Safety Systems Division. Funding from account code: 001-3141-541-52-20. 0 Department Head Signature: -.). ~~ I ,~ \ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on allltem~ inyolviog expenditure of funds): ~ 'Ol''''~< Funding available: ~ ~I/L, n No Funding alternatives: (if applicable) Account Number: {)O I . 5/111 - <;71/ S- 2- 2. 0 Account Description: (jaura" ~ra7S~ &,07) / Lz<:) Account Balance: ,f:. 2'1 <,-1./9. I City Manager Review: Approved for agenda:&~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved ~ IITIlI!l1 fll, * ~ ~ 1.1" T;j~,?,:;;,( {;: :Cj/, ~~ifl 'i;;~1't;;";-,, /!s ~;"'~/ <;, "j!"'lE nES"""' r' n,'''f''l " ~".'Lj j'.rl"li} U&.,!r'}'- -1: (,i i-.i,: DElRAY BEACH ~ All-America City 'IIII!MEMORANDUM 1993 2001 TO: David T. Harden, City Manager FROM: Kerry B. Koen, Fire Chief SUBJECT: Purchase of Replacement Paramedic Rescue Unit DATE: October 19,2005 The Fire-Rescue Department requests approval to purchase one (I) 2006 Horton custom Rescue Transport Vehicle through Hall-Mark Fire Apparatus of Ocala, Florida by utilizing a competitive bid executed by the Florida Sheriffs Association, Bid #05-06- 0823. This unit will replace a 1997 National Rescue Transport Vehicle which will be used as a trade-in on this purchase. This purchase is part of our on-going fleet replacement and modernization program. The purchase price, including the trade-in deduction, is $203,488.06. Attached you will find the proposal from Hall-Mark; a copy of the Florida Sheriffs Association Base Bid, a spreadsheet identifying our added options and an Agenda Request for City Commission action on October 25,2005. Vu . .;;s.C Kerry B. Koen fire Chief CC: Asst. ChiefJohn Tomaszewski Mr. Richard Hasko Mr. Kevin Rummel Attachments: 4 FIHf-H! L .\\' I\;'<r '-, nHiDll. 3344,) "6 L,;1 10/21/2005 13:56 3526293744 SUE COLVIN PAGE 02 H fir a 3431 NW 27th Avenue. Ocala, Florida 34475 Oftice: 352-629-6305 . Fu,,: 352-629-2018 Toll Free: 1-800-524-6072 RESCUE TRANSPORT PROPOSAL DATE: October 21. 2005 This Proposal has been prepared for: Chief John Tomaszewski City of Delray :Beach Fire Rescue 501 Atlantic Ave Delray Beacll, FL 33444 We propose to furnish to you one (I) or more 2006 Horton custom Rescue Transport Vehicles on a 2006 International 4400LP chassis, to be custom built and equipped in accordance with the requirements of the City of Delray Beach Fire Rescue Department. Vehicle to be purchased from Florida Sheriffs Association Bid # 05- 06-0823. Delivery will be F.O.B. Delray Beach. FL and will be made approximately 240 calendar days after receipt of the order at Hall-Mark Fire Apparatus in Ooala, FL. Terms of payment shall be cash on delivery (C.O.D,) unless the purchaser elects to make a prepayment. Factory will offer pre-payment discount. Current prime rate determines discount. Current rate as 10-21-05 Is 6,75%. The current purchase price for the specified Rescue- Transport vehicle is 5208,069.94. This proposal shall expire October 31, 2005, unless extended in writing. This proposal is deemed acceptable by the undersigned. In witness whereof, The Company and the Purchaser shall execute an agreement to this proposal with signatures from authorized representatives as of the date set forth by each. Com Base Price per Florida Sheriffs Association: $124,445.00 Options and upgrades per City Of Delray Beacb: $ 83,798.00 Less Discount: 5 173.06 Total price of Rescue Transport Vebicle: S208,069.94 .SO % Fee for Florida Sberiffs Association: $ 418.12 Leu trade In of 1997 International, (National Ambulance): -5,000.00 Total Price: 5203.488.06 Purchaser: By: By: BHI Aim Title: V.P.lGeneral Manaller Title: Date: October 21. 2005 Date: www.ball-markfire.coDl E-Mail: info@baU-markfire.com _t;j~~Eg~ ~-QNIE~ Authorized Dealer FA~ FLORIDA \'--"'ll\II(l,,,"UJ COUl\,IES All About florid4 FLORIDA FIRE CHIEFS' ASSOCIATION, FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2006 INTERNATIONAL 4400LP Specification #02 (Type I Ambulance, 4x2 Medium Duty) The International 4400LP. Type I Ambulance purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle speclficatlon(s) requirements which are included and made a part of this contract's vehicle base price as awarded by manufacturer by specification by zone. ZONE: BASE PRICE: MANUFACTURER: All Zones $126,780.00 Elite Fire & Safety Equip.. Inc. All Zones $137,138.00 Excellance. Inc. ZONE: BASE PRICE: MANUFACTURER: All Zones $124,445.00 Hall-Mark Fire Apparatus, Inc. All Zones $131,310.00 Quality Emergency Vehicles, Inc. ZONE: BASE PRICE: MANUFACTURER: All Zones $118,250.00 Ten-8 Fire Equipment. Inc. All Zones $106,698.00 Wheeled Coach Industries. Inc. Purchasers are advised that the above referenced vehicle specification comes equipped as a base unit only. The Florida Fire Chiefs' Association. Florida Sheriffs Association and Florida Association of Counties have identified and equipped the base unit with those specifications and equipment Items required to meet KKK-A-1822E. or the most current revision for Type I Ambulance. Since equipment needs and preferences are going to vary from agency to agency - any additional options required or changes to the base unit desired by the purchaser shall be made through the manu- facturer listed. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate vendor. LEGEND FOR DELETE/ADD OPTIONS Every I1ne will require aDOLLAR VALUE or one of the following abbreviations: Std. = manufacturer's standard equip. Incl. ::: included with base specs. NC = no additional charge NA ::: not applicable to the vehicle ::: ootion not bid by vendor Bid Award Announcement (05-06-08231 31 "/ Base price on Sheriffs contract International 4400LP $124,445.00 Added options to meet Delray requirements Option price Upgraded engine/chassis options Extended cab, 285 hp, 9000 # front axle, 320 amp aiL $17,153.00 Rear mud flaps $85.00 Front & rear dock bumpers $212.00 Extended Cab Modifications (roll up door compartments) For bunker gear storage $4,190.00 Diamond piate fuel tank covers Consistant w/ existing vehicles $1,725.00 Camera System To reduce backing accidents $1,790.00 Shelf for vertical exterior compartment in 02 comp $139.00 Trailer Hitch $585.00 Streetside forward compartment modifications Pre-rigged spinal imobilization equipment $929.00 Streets ide intermediate compartment modifications $189.00 ~treetside rear compartment modifications $189.00 Increase headroom 2" $310.00 Body lowered 6" from standard For easy side entrance - to match other side $1,030.00 Delete body molding $258.00 Customized conversion Accessories to match existing units (doors, windows, lighting) $5.639.00 Privacy glass on module windows $129.00 Diamond plate wheel well trim $301.00 Electric door locks compartments $361.00 Concealed door switch $127.00 Electric door locks wired to OEM switches $103.00 Recessed license plate bracket $129.00 Dri-Deck in exterior compartments $386.00 Lower body diamond plate trim $375.00 Paint stripe on bottom half of cab and body Two tone paint white over red $1,521.00 6" Scotchlite stripe $600.00 Clear plexiglass on interior cabinet doors $52.00 Custom no-stocked floor $103.00 Stainless steel risers in patient compartment $310.00 Stainless steel lower door panels $232.00 ~.\9h back child safety seat with right hand armrest For pediatric transport $668.00 Lift up cabinet frames streetside $180.00 CPR seat drop down backrest $129.00 Storage beneath CPR seat $155.00 Custom sharpes waste storage at head of squad bench $450.00 Customize front wall cabinets $460.00 Upgraded interior accessories and trim Allows easier de-contamination $1,275.00 Custom led lightbars, front and rear Draw less amps than halogen $5,234.00 Led Light package Draw less amps than halogen $5,719.00 Upgraded siren $350.00 Remote control spotlight $450.00 charge~powersupplv $511.00 Additional 11 Ov outlets $176.00 Additional 12vdc interior outlets $114.00 Upgraded shorelines $991.00 Shoreline indicators $92.00 ./ SpecialliQht programming $397.00 Additonal Report light $67.00 Aircraft style clock $160.00 Upgraded patient compartment lights $852.00 StreamliQht prewire $75.00 Generator 3.8KW Yanmar Diesel Generator - allows patient comp AC w/o vehicle running $4,800.00 Upgraded 12v NC Includes ultraviolet germicidal irradiation light $3,800.00 Power vents $330.00 Rooftop 11 OV NC with Aluminum cover Needed in S. Florida to cool patient comp. $2,250.00 Antenna & radio prewire $217.00 David Clark Intercom system Allows communication from cab to pI. comp. & radio $3,727.00 Motorola Mobile Data Terminal Added to truck because it was cut from CIP budget $6,488.00 Additional 02 outlets $370.00 02 flowmeter $174.00 02 wrench $36.00 2 D style bottle mounts $398.00 SSCOR Aspirator $389.00 Lettering Package $1,564.00 Factory Pickup and delivery charge - $1,598.00 . total options $83,798.00 Total $208,243.00 Contract Total $208,069.94 Savinos $173.06 Date: October 19. 2005 AGENDA ITEM NUMBER: ~ L 1-- AGENDA REOUEST Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: October 25. 2005 Description of agenda item (who, what, where, how much): Approval to purchase one (1) 2006 Horton Custom Rescue Transport Vehicle for the Fire- Rescue Department through Hall-Mark Fire Apparatus of Ocala. Florida in the amount of $203.488.06. Recommendation: Approve the recommended purchase. Department Head Signature: t ~ n " City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: 6)NO Initials: ~ . /" Account Number S"t? 1- 331 Z. - ~q /. t. <I ~ 2 ) Description J-JetW'f GgwprrU?-f- Account Balance: $ 5& 3/ 9 iJ I) . Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @s / No Initials: tfl~ Hold Until: Agenda Coordinator Review: Received: [I .cm~oMl\iiIllS\QjitD~l:lMifNrr;A:nON .'. , .. .....~ '."'. ....ll FROM: D~R.9~~' ~~ MANAGER PAUL DORLlN~~~TOR OF ~~ AND ZONING JAMES G. CAIN, SENIOR PLANN~""""" Jj, c.:- MEETING OF OCTOBER 25, 2005 CONDITIONAL USE REQUEST TO ALLOW THE ESTABLISHMENT OF A CHARTER SCHOOL WITHIN THE PC (PLANNED COMMERCIAl) ZONING DISTRICT FOR LIFE SKILLS CENTER, LOCATED WITHIN THE LAKE IDA SHOPPING CENTER AT THE SOUTHWEST CORNER OF LAKE IDA ROAD AND CONGRESS AVENUE TO: THRU: SUBJECT: II PROJECT DES<:tRIPTION . .. .. .11 >":C<"HiT;;;;::::::' ,..."""....__".n..H. h"H'''''''''''"", The conditional use request is to allow a Private Charter School in a 6,153 square feet retail bay at the Lake Ida Shopping Plaza located at the Southwest corner of Lake Ida Road and Congress Avenue. The development will utilize an existing 5,500 square foot outdoor play area and drop off area developed for the previous tenant (Paladin Academy School). The applicant has provided the following narrative which further explains the request: "The Life Skills Center ("Center" is a Charter School. It is a computer based school for students ages 16-22 to earn their high school diploma and is funded through a chartering agreement through the Palm Beach County School District. The Center does not charge tuition and is open to all students who meet age and other enrollment parameters. " "The total number of students inside the Center at any given time is expected to be in the 60-80 range. We plan to have two computer based classrooms with approximately 25 computers each and two offline (standard seating) classrooms with seating for 12-15 students. The great majority (60-80%) of students will be accessing the Center via public transportation or by getting dropped off. In fact, there is a bus stop at the NW corner of Lake Ida and Congress Avenue which we expect will be used by many students. There will be a private security guard onsite to ensure there is no lingering outside the Center and that the students are behaving and not negatively affecting the shopping plaza. " "The idea behind the Center is to give students a second chance through computer-aided learning and career and academic planning that gives students a sense of direction. " Pursuant to LOR Section 4.4.12 (D) (3) Private Schools and other similar educational facilities are allowed in the PC (Planned Commercial) District as a conditional use. [I PLARNi~G:A~[f:tONjNG"lf6~RI:JCQNSIDEft;;fiON . ... . ".., ,'11 At its meeting of September 19, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request and no one from the public spoke. After discussing the proposal, the Board unanimously voted 7-0 to recommend approval. The recommendation for approval included the following conditions: 1. That the maximum number of students on site at anyone time will not exceed 100. 9A. City Commission Documentation Life Skills Center October 25, 2005 2. That the school has a security guard on site when the School is open including one hour prior to class and up to a maximum of one hour after class. The Planning and Zoning Board also recommend to the City Commission the approval of two waivers to LDR Section 4.3.3(HHH) (3), to (1) Allow for the reduction of the minimum outdoor play area from the required 75 sq. ft. per student to 68.75 sq. ft. per student, and (2) allow for a reduction in the height of the hedge on the south side of the play area from 6' to 2' to allow for visibility from the school. II """"",,,,'id:,,, ;'>':"'''''''''i' REC9.,~iIi~Q$)~GrIQN. ". i:i:i':::::iii,!,:!; .....11 L.:.:,:":,,,,,,,,:,,,.: ih:";::'::;;'''i{> By motions approve the Conditional Use request and associated waivers for a Private Charter School for Life Skills Center based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, Section 2.4.7 (B) (5) (Waivers), and the Goals, Objectives and Policies of the Comprehensive Plan, subject to the following conditions: 1. That the maximum number of students on site at anyone time will not exceed 100. 2. That the school has a security guard on site when the School is open including one hour prior to class and up to a maximum of one hour after class. Attachment: P&Z Staff Report and Documentation of September 19, 2005 2 PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- Conditional Use Request to Allow the Establishment of a private charter school to be Known as Atlantic Life Skills Center within the Lake Ida Shopping Center (600 Congress Avenue). MEETING DATE: AGENDA ITEM: ITEM: September 19, 2005 IV.E. GENERAL DATA: Owner......................................... EBJ Holdings, LLC. Agent.................................... Weiner & Aronson, P.A. Applicanl..................................... White Hat Management Location...................................... Lake Ida Shopping Center (600 Congress Avenue) Property Size.............................. 6,153 Square Feet Future Land Use Map................ GC (General Commercial) Current Zoning............................ PC (Planned Commercial) Adjacent Zoning................North: CF (Community Facilities) POC (Planned Office Center) East: PCC (Planned Commerce Center) South: RM-8 (Medium Density Residential-eight units per acre) West RM-8 (Medium Density Residential-eight units per acre) Existing Land Use...................... Vacant bay Proposed Land Use.................... Private School, ages 16-22 Water Service............................. Existing on site. Sewer Service............................. Existing on site. 1 . / ~~ "= ~ > < I " o . z N . z t:;; LAUDA NOVA- TRONICS CONGRESS AIIFNU[ AUTO CENTER AND IV_E The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to allow Private schools and other similar educational facilities for Life Skills Center in the PC (Planned Commercial) zoning district, pursuant to LOR Section 2.4.5(E). Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to establishing a conditional use on any property within the City. The subject property involves the Lake Ida Shopping Plaza which was annexed into the City in 1988 via Ordinance 125-88. The property is located at the southwest corner of Congress Avenue and Lake Ida Road and contains 8 acres. The property was zoned GC (General Commercial) until it was rezoned to PC (Planned Commercial) with the Citywide rezonings associated with the approval of the Land Development Regulations in 1990. At its meeting of September 23, 1997,. the City Commission approved a Conditional Use to establish a day care center in three of the bays located south of the former Winn Dixie building, and the associated non-impacting site plan modification (Class I) was approved administratively. At its meeting of June 18, 2002, the City Commission approved a Land Development Regulation text amendment to allow Private schools and other similar educational facilities as a conditional use in the PC zoning district. At its meeting of July 15, 2002, the Planning and Zoning Board voted to recommend approval of the Paladin Academy private school as a conditional use. The recommendation for approval included a waiver from the minimum outdoor play area requirement and conditions as follows: 1. That a site plan modification application was to be submitted for the improvements associated with the conditional use. 2. That the maximum enrollment of the school would not exceed 100 students. 3. That a photometric plan was to be submitted with the site plan modification that demonstrated compliance with the City's illumination standards. 4. That a maximum of 25 students were allowed in the outdoor play area at a time. (This restriction was volunteered by the applicant and incorporated by the Board). At its meeting of August 6, 2002, the City Commission approved the waiver from the minimum outdoor play area requirement and conditional use request for a private school for Paladin Academy. Planning & Zoning Staff Report - September 19, 2005 Conditional Use to Allow a Private School and Other Similar Education Facilities The conditional use request to allow a private school is associated with the re-use of a previous private educational facility in the same location along the north side of the lake Ida Shopping Plaza and includes the following: . Re-use of the existing 6,153 square feet of building area as a school facility. . Limited re-use of the existing 5,500 square feet of outdoor play area. . Re-use of the drop-off area along the east side of the school. The Paladin Academy School was originally built for a capacity of 100 students and a maximum of 12 employees. The following narrative of the request has been provided by the applicant; "The Life Skills Center ("Center? is a Charter School. It is a computer based school for students ages 16-22 to earn their high school diploma and is funded through a chartering agreement through the Palm Beach County School District. The Center does not charge tuition and is open to all students who meet age and other enrollment parameters. " "The total number of students inside the Center at any given time is expected to be in the 60-80 range. We plan to have two computer based classrooms with approximately 25 computers each and two offline (standard seating) classrooms with seating for 12-15 students. The great majority (60-80%) of students will be accessing the Center via public transportation or by getting dropped off. In fact, there is a bus stop at the NW corner of Lake Ida and Congress Avenue which we expect will be used by many students. There will be a private security guard onsite to ensure there is no lingering outside the Center and that the students are behaving and not negatively affecting the shopping plaza. " "The idea behind the Center is to give students a second chance through computer- aided learning and career and academic planning that gives students a sense of direction. " REQUIRED FINDINGS: lOR (Chapter 31 PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. 2 Planning & Zoning Staff Report - September 19, 2005 Conditional Use to Allow a Private School and Other Similar Education Facilities FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future land Use Map. Pursuant to lDR Section 4.4.12(D)(3), private schools and other similar educational facilities are allowed as a conditional use within the PC zoning district. The proposed PC zoning district is consistent with the current FlUM designation of GC (General Commercial). Thus, positive findings can be made regarding consistency with the FlUM and zoning designations. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. .' The proposed re-use of the vacant bays for a similar private school does not affect the previous findings of concurrency for this property since the concurrency review was based on a similar use. Thus, positive findings can be reaffirmed at this time with regard to concurrency for all services and facilities. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted. There are several objectives and policies that address education within the City, which generally apply to public education. Policv B-1.4 from the City of Delray Beach Comprehensive Plan states that the City shall encourage the location of schools proximate to urban residential areas by: . Assisting the School District in identifying funding and/or construction oPP<lrtunities (including developer participation or City of Delray Beach capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements; . Providing for the review for all school sites as indicated in Policy B-1.1; and, . Allowing schools as permitted uses within all urban residential land use categories. Although the Life Skills Center site is proposed to be located in a Commercial shopping plaza it is located near several residentially zoned areas to the north, south, and west which include several single and multi-family residential subdivisions. (Water's Edge, Coral Trace, Rainberry lake, Rainberry Bay, and The Pines of Delray North). Therefore, the proposed location of the school is consistent with the Comprehensive Plan policy to locate schools near residential areas. Policy B-2.5 of the Comprehensive Plan further states that the City of Delray Beach shall advise the School District of a proposed public school site's consistency with the City of Delray 3 Planning & Zoning Staff Report - September 19, 2005 Conditional Use to Allow a Private School and Other Similar Education Facilities Beach's Comprehensive Plan and Land Development Regulations, including the availability of necessary public infrastructure to support the development of the site. Although this is proposed as a private school it is to be funded through a chartering agreement with the Palm Beach County School District and can thus be found to advance public education goals by supplementing the public school system by providing education services to students with special needs. Much like the public education system there is to be no tuition charged to students. SECTION 2.4.5IEI REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5{E){5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses border the property: Direction Zoninq North CF & POC South & West RM-8 Ea& PCC Uses Residential and Office Residential Vacant The proposed development is located within the existing Lake Ida Shopping Center. The proposed use will be located within the northern portion of this center. There have been no known conflicts between the existing shopping center and adjacent properties. There will be no anticipated conflicts created between this site and the use of adjacent properties. The Rainberry Lakes recreation facilities are located on the north side of Lake Ida Road, therefore the school's facilities will be located approximately 400' from the nearest residential units within that development. With respect to the Water's Edge apartment complex on the west side of the property, the nearest apartment building is located approximately 250 feet from the proposed playground area and is separated by landscaping and an open space area. It is further noted that utilization of the outside playground is not part of the Charter school's curriculum and it will be rarely used. Based on the above, a positive finding can be made that the proposed conditional use will not have a detrimental affect on the neighborhood or hinder development of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Pursuant to LOR Section 2.4.5{E) (4) a site/sketch plan submittal has been received and reviewed by staff. The plan has been found to be in compliance with the Land Development Regulations. Private schools are allowed in the Planned Commercial (PC) Zoning District as conditional uses per Land Development Regulation (LDR) Section 4.3.3 (HHH) subject to the following requirements: 4 Planning & Zoning Staff Report - September 19, 2005 Conditional Use to Allow a Private School and Other Similar Education Facilities (HHH) Private Schools and Other Similar Education Facilities: [Amd. Ord. 18-02 6/18/02] (1) Floor Area: Facilities shall contain a minimum floor area of 35 square feet of indoor floor area per child, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage. [Amd. Ord. 18-02 6/18/02] Given the proposed student capacity (60-80 students), the school meets and exceeds this requirement. (80' 35=2800 Square Feet required, 6153 Square Feet provided) (2) Loadinq Area: A pickup and drop-off area for children shall be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building. A minimum of a 100' dedicated vehicular drop-off/pick-up lane shall be provided. The stacking area is measured from the loading area and shall not block drive-aisles or parking areas. A greater distance may be required by the approving body based on the intensity of the Private School. A lesser stacking distance may be approved by the Board based on a traffic impact statement. Pathways that cross vehicular use areas shall be defined by special pavings, brick, striping or other method acceptable to the Board. [Amd. Ord. 18-02 6/18/02] . The pick-up and drop-off area will remain the same as was approved for the Paladin Academy and meets the above requirements. (3) Outdoor Area: There shall be a minimum area of 75 square feet of outdoor play area per student. The play area shall be located on the same lot as the principal use and shall not be located in the front yard setback. The play area shall be surrounded by a 6'-high opaque fence or chain link fence with a 6'-high hedge. Outdoor play areas shall meet the minimum setbacks in the PC zoning district per LDR Section 4.3.4(K). Relief from this requirement shall only be granted by the City Commission through the waiver process [Section 2.4.7(B)]. [Amd. Ord. 18- 02 6/18/02] A waiver of the required 75 square feet of outdoor play area per student was granted by the City Commission for Paladin Academy. The applicant for the Life Skills Center is retaining the existing 5,500 square foot outdoor area at the Southwest portion of the school site even though it is anticipated that the students aged 16-22 years will not use this area as a play area. Further, the school curriculum does not include a recreation component. The area will be utilized as a waiting area for students to be picked up and will be monitored by the security guards to ensure safety. The applicant has submitted a waiver request to reduce the required play area from 6,000 sq. ft. to 5,000 sq. ft. based on the school's curriculum (reduced from 75 sq. ft. to 68.75 sq. ft. per student) and t reduce the 6' hedge requirement around the play area to 2' on the south side to allow for visibility of the area from the school. Waiver Analysis: Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; 5 Planning & Zoning Staff Report - September 19, 2005 Conditional Use to Allow a Private School and Other Similar Education Facilities (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following justification for the proposed waiver: 1. The primary focus of the Life Skills Center is to provide students ages 16-22 a second chance to eam their high school diploma through computer aided learning and career/academic planning. The curriculum will not focus on outdoor recreational activities but on inside coursework. 2. Additionally, all students will not be outside in the open space at one time. The only time they are anticipated to be in the outside area is while waiting to be picked up after school. A security guard will be present to prevent any negative activity or loitering. " With respect to the hedge height; the waiver is supported in that the impact will be to ihe interior of the center and safety concerns dictate visibility to the play area from the school. The 6'-high hedge must be maintained along the north, east and west sides of the outdoor play area, as these sides are visible from the public right-of-way. The waiver will not affect the delivery of public services, and will not create an unsafe situation with respect to public safety. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7(B) (5), Waiver Findings can be made. (4) Transport Vehicles: For private schools that utilize transport vehicles, an area must be designated for the parkinglstorage of these vehicles and that these areas be screened when visible from a public right-of-way or residentially zoned property in accordance with LDR Section 4.6.4(A) and 4.6.16(H)(3)(e). [Amd. Ord.18-02 6/18/02] The applicant has indicated that two vans will be used to transport students and that they will be parked along the west side of the plaza. These spaces will not be visible from Lake Ida Road and will be buffered from Waters Edge Apartments by the Lake Ida Plaza perimeter landscaping which consists of Mahogany trees, Black Olive trees. Further, a Cocoplum hedge exists on the Waters Edge side of the perimeter fence which provides adequate visual screening. The applicant states they will not be changing this situation from the previous conditional use approval. (5) Other Requlations: All Private Schools and Similar Facilities shall comply with the American Disability Act (ADA), Standard Building Code, Fire Codes. and any other regulations in~uding State and County regulations as may be required. [Amd. Ord.18-02 6/18/02J ParkinQ: Pursuant to Land Development Regulation (LOR) Section 4.6.9(C) (3) (e), the parking required for the shopping center is 4 spaces per 1,000 square feet of gross floor area. The existing 79,776 square foot shopping center has a total of 341 parking spaces. The Life Skills Center area has 33 existing parking spaces, ten of which are reserved for employees, for a building with a gross floor area of 6,153 square feet. 6 Planning & Zoning Staff Report - September 19, 2005 Conditional Use to Allow a Private School and Other Similar Education Facilities The applicant has indicated that only 10% of the students at the other Life Skills Center School in Florida drive to school. With a maximum of 80 students 10% would equate to 8 students plus the 11 employees using the parking spaces. The Center will provide complimentary Palm Tran bus passes to each student and the balance of those students are anticipated to utilize this mode of transportation given the convenience of a bus stop at Lake Ida Road and Congress Avenue. Liahtina: A photometric plan was submitted and approved by SPRAB with the Class 2 Site Plan modification submitted on August 22, 2002. No revision is required at this time. Perimeter LandscaDlna: Perimeter landscaping along the west side of the shopping center consists of established live oak trees. The Waters Edge Apartments provides a substantial landscape buffer along the east side of its development that consists of existing Slash Pine trees under planted with Wax Myrtle and Fire Bush. The existing mature landscaping provides a substantial screening that buffers the Shopping center from the adjacent apartment complex. The applicant is required to replace all dead or missing trees, shrubs and ground cover as per the most current approved landscape plan of record (prior to a Certificate of Occupancy being issued). Complete landscape maintenance is required (pruning, edging, mulching, fertilizing, weeding, etc.). The most current plan is listed as SP 2003-054 in the Planning and Zoning files. The entire site, including the Center and both sides of the entry in from Lake Ida Road, has greatly deteriorated and must be restored. All prohibited plant species including but not limited to Brazilian Pepper, Australian Pine, and Earleaf Acacia shall be completely removed and provisions made that these invasive plants never return. The applicant shall resod all areas throughout the site including the right-of-way area (utility strip) adjacent to Lake Ida Road. The only change required is to completely sod the playground which is currently mulched. The mulch and weeds must be removed prior to laying the sod. The irrigation system must be functional and provide 100% coverage to all landscaped areas, including the right-of-way adjacent to Lake Ida Road. A copy of the aforementioned landscape plan shall be part of the submittal. Student CaDacitv: (6) Private school facilities shall be limited to a maximum of 100 students when located in the PC district. [Amd. Ord.18-02 6/18/02] The total number of students inside the facility at any given time will be between 60-80 students. The Center plans to have seating for two labs with 33 computer terminals per lab and 12-15 off-line class seats. The school day will be broken down into three four hour sessions: (1) 8:00 a.m.-12 p.m. (2) 10:30 a.m.-2:30 p.m. (3) 1:30 p.m.-5:30 p.m. A possible fourth night session from 4:30 p.m. to 8:30 p.m. may be added in the future. The limit of 100 students is attached as a condition of approval per Section 4.3.3 (HHH) (6). 7 Planning & Zoning Staff Report - September 19, 2005 Conditional Use to Allow a Private School and Other Similar Education Facilities IIIIIlI:"'''''ij..!!iWilJ'2!i2;'jf ~""\'"",,.;A;r,ff,)'4,G~;x';l:f;5<;-ry'f;)b'1t,,,'),,{>'. _ -" ,-'h',' 1 '; -, ,~ -,' ---------~.~,-.;, '. _.,_,~"..,.,.",&'.tr"',;f,,,,'''"_'''"i';''~;c''V<'M1'',.&j ~". "".. , "__ "- "" ',." ,,- -" .." ' , , _. - .' ,- ,," ' ' '-"',,, , The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or HPB (Historic Preservation Board). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: . President's Council . Chamber of Commerce . PROD . Rainberry lakes Homes . Delray Shores . Chatelaine . Rainberry lakes Villas . Pines of Delray North . Rainberry Bay Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed Conditional Use to allow a Private School will allow more diverse educational options within the City of Delray Beach. Positive findings can be made with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the land Development Regulations, and the Goals, Objectives, and Policies of the Comprehensive Plan and Section 2.4.7(B)(5) Waiver Findings. Therefore, the proposed Conditional Use can be recommended for approval based on the findings outlined in this report. A. Continue with direction. B. Recommend approval of the Conditional Use request for a Private School for Life Skills Center based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings) and the Goals, Objectives and Policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use request to for a Private School for Life Skills Center based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section 2.4.7(B)(5) (Waiver Findings) of the land Development Regulations. 8 Planning & Zoning Staff Report - September 19, 2005 Conditional Use to Allow a Private School and Other Similar Education Facilities '. . 4"" ' ' " ' , ,," - - - _ ,,~:;;H~ ,', ' ;,- , , ,,,- .." , , ' -"",, ,,~.- ,,".. "" - ,,, "".- , .- ,- ..- --" ., By Separate Motions: Conditional Use: Recommend to the City Commission approval of the Conditional Use request for a Private Schoof for Life Skills Center based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the Goals, Objectives and Policies of the Comprehensive Plan, subject to the following condition: 1. That the maximum enrollment of the school can not exceed 100 students. Waiver Reauest: Recommend to the City Commission: Approval of two waivers to LDR Section 4.3.3(HHH) (3), to (1) Allow for the reduction of the minimum outdoor play area from the required 75 sq. ft. per student to 68.75 sq. ft. per student, and (2) allow reduction in the height of the hedge around the play area (south side), from 6' to 2'. Attachments: . Conceptual Plan . Location Map . Aerial Map Report prepared by: Jim Cain, Senior Planner 9 w <i > << '" w ~ I ~ 0 I N ~ ~ '" ;i '" Z ~ '" N '" ;i L A K E I D A DELRA Y SHORES PROFESSIONAL PLAZA WA fER'S EDGE CANAL x ~ u N LIFE SKILLS CENTER CITY Of oaRA Y BHCH. FL PLANNtNG & ZONING DEP....RTl.IENT -- DIGITAL BASE MAP SYSTrAl -- . MAP REF: Lt.4870 FROM: CITY COMMISSION DOCUMENTATION DAV~D PAUL DORLlNG, DIR OR OF PLANNING AND ZONING 01< ~ I TO: SUBJECT: MEETING OF OCTOBER 25, 2005 CONDITIONAL USE REQUEST TO ESTABLISH A PRIVATE SCHOOL TO BE KNOWN AS TOUSSAINT L'OUVERTURE HIGH SCHOOL FOR ARTS AND SOCIAL JUSTICE IN THE PC (PLANNED COMMERCIALl ZONING DISTRICT ON PROPERTY AT THE NORTHEAST CORNER OF MILITARY TRAIL AND WEST ATLANTIC AVENUE (DELRAY SQUAREl. I BACKGROUNDlANAL YSIS .................................................n....n.', n...... I The action before the City Commission is a request for Conditional Use approval to allow a Private school and other similar educational facilities known as Toussaint L'Ouverture High School for Arts and Social Justice (Toussaint L'Ouverture High School) in the PC (Planned Commercial) zoning district, pursuant to LOR Section 2.4.5(E). The school is to be located in Delray Square located at the northeast corner of Atlantic Avenue and Military Trail. The school will occupy the northeastern most corner of the shopping center in a 14,955 square feet bay. The student parking and drop off area will be to the rear of the shopping plaza as will the 7,800 square foot outdoor area. The play area will be screened with a new 8' high wood fence set back 2' from the edge of the existing green space. The school will have no more than 100 students on campus at anyone time. While the total enrollment is greater than 100 students, some students attend classes off site at a community center, dual enrollment programs at Palm Beach Community College, and off campus internships and work related experiences. Given these offsite activities capacity on the site will not exceed the maximum of 100 students allowed in the Planned Commercial District. The Toussaint L' Ouverture High School will provide high school education curriculum for students between the ages of fifteen (15) to twenty (20) years of age. The hours of operation are between 7:30 a.m. and 5:00 p.m. Monday through Friday. Actual school hours are from 8:10 a.m. to 3:00 p.m. No Saturday or Sunday (weekend) hours. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of October 17, 2005 the Planning and Zoning Board held a public hearing regarding the Conditional Use request. There was no public testimony regarding the proposed changes. After discussing the request, the Board voted 6-0 to recommend approval of the conditional use request subject to conditions, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0) (5) of the Land Development Regulations. qe City Commission Documentation Conditional use for Toussaint L Ouverture Page 2 By motion, approve the Conditional Use request for a Private School for Toussaint L. Ouverture High School based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the Goals, Objectives and Policies of the Comprehensive Plan, subject to the following conditions: 1. That the maximum number of students on campus at anyone time does not exceed 100 students. 2. That a hedge 4-)1,' at planting and to be maintained at 8' minimum be provided to the exterior of the new wood fencing around the outdoor play area. 3. That the school have a security guard on site when the school is open including one hour prior to class and up to a maximum of one hour after class. Attachment: Planning and Zoning Board Staff Report of July 18, 2005 and Proposed Ordinance PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING DATE: AGENDA ITEM: ITEM: October 17, 2005 IV.D Conditional use request to establish a charter school for Toussaint L'Ouverture High School for Arts and Social Justice within the Delray Square II Shopping Center (Quasi-Judicial Hearing). GENERAL DATA: Agent / Applicant............ Joseph Bernadel Owner............................ Delray Hudson Partners, L.P. Location......................... Northeast Corner of South Military Trail and West Atlantic Avenue within the Delray Square II Plaza (14610 S. Military Trail) Property Size................. 15.13 Acres Future Land Use Map.... General Commercial (GC) Current Zoning............... Planned Commercial (PC) Adjacent Zoning North: Single-Family Residential (R-1-A), General Commercial (GC), and Agriculture (A) South: General Commercial (GC) and Planned Commercial (PC) East: Planned Office Center (POC) West: County CG/SE & City GC Existing Land Use.......... Vacant Bay within Shopping Center Proposed Land Use....... Charter School Water Service................ Available On-Site Sewer Service................ Available On-Site EXTRA CLOSET STORAGE POST OFnCE: BOYS FARMERS MARKET SHOPPES OF DELRAY TRAILS END PLAZA K.F.C. [J iQ]8~ , .SHINGTON ARST ~ , MUTUAL UNION L-J8 ~WEST ATLANTIC AVENUE I DELRAY SQUARE PLAZA . DELRAY ~ST PLAZA Ivn .. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to allow Private schools and other similar educational facilities for Toussaint L. Ouverture High School for Arts and Social Justice in the PC (Planned Commercial) zoning district, pursuant to LOR Section 2.4.5(E). Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to establishing a conditional use on any property within the City. .. ,.., '0 .:._"" .. .. <. _,.. .. ,W: _""",!tl',., .. .,.,., _^~' 0 _ ,... .." .. ...... .... _~ _'0_ .. -, ,"*h,,,,,^iii' .. .. mL.".c"" This property has an extensive land use history which dates back to 1976, at which time a Water Service Agreement was approved between the City of Delray Beach and Delray Square Associates, Ltd, for the City to provide water service to Delray Square " Shopping Center (Delray Square). Phase I of Delray Square (Publix and a movie theatre) was constructed in 1976. Phase " (northern portion) was constructed in 1987, with the east portion of the shopping center being constructed in 1989. On October 24, 1989, the subject property was annexed into the City of Delray Beach with a zoning designation of GC (General Commercial). With the Citywide rezoning of 1990, Delray Square was rezoned to PC (Planned Commercial). There have been site plan modifications processed for Delray Square which include minor additions and alterations to the shopping center. The following is the most recent land use action that relates to the property. On October 26,1993. the City Commission granted conditional use approval to establish a 240 seat bingo hall for the Multiple Sclerosis Foundation within the 6,000 sq. ft. bay fonnerly occupied by the Pharmor drug store. The applicant subsequently requested that the conditional use approval be rescinded as the bingo hall was seeking approval through Palm Beach County to locate within the Marketplace at Delray shopping center, at the northwest corner of Atlantic Avenue and Military Trail. The bingo hall received special exception approval through Palm Beach County to establish a bingo hall, however, the use was never established and the approval has since expired. At its April 15, 1992 meeting the Site Plan Review and Appearance Board (SPRAB) approved a non-impacting site plan modification for Engleman's Kosher Foods to allow the installation of a walk-in cooler and dumpster enclosure associated with the establishment of a new retail bakery. On October 1, 1992 a non-impacting site plan modification was administratively approved by the Planning and Zoning Department to allow the addition of a boiler room and relocation of a compressor pad for the bakery. Three different retail bakeries have occupied the subject bay since 1992. On June 4, 1996 the City Commission approved a conditional use request to establish a community centerlsocial club for the South Palm Beach County Jewish Federation. The 51,700 sq. ft. facility was previously occupied by the Pharmor Drug Store. The South Palm Beach County Jewish Federation is still in operation. Planning & Zoning Staff Report - October 17, 2005 Conditional Use to Allow a Private School and Other Similar Education Facilities On August 6, 2002, the City Commission approved a conditional use request to establish a bridge club which has since vacated the site. The current request is a conditional use to establish a private school in a 14,955 sq. ft. bay located in the northeast corner of Delray Square. ~\l\I~~~li.. The proposed school is to be located at Delray Square located at the northeast corner of Atlantic Avenue and Military Trail. The school will occupy the northeastern most corner of the shopping center in a 14,955 square feet bay. The student parking and drop off area will be to the rear of the shopping plaza as will the 7,800 square foot outdoor area. The play area will be screened with a new 8' high wood fence set back 2' from the edge of the existing green space. The school will have no more than 100 students on campus at anyone time. While the total enrollment is greater than 100 students, some students attend classes off site at a community center, dual enrollment programs at Palm Beach Community College, and off campus internships and work related experiences. Given these offsite activities capacity on the site will not exceed the maximum of 100 students allowed in the Planned Commercial District. The Toussaint L. Ouverture High School for Arts and Social Justice will provide high school education curriculum for students between the ages of fifteen (15) to twenty (20) years of age. The hours of operation are between 7:30 a.m. and 5:00 p.m. Monday through Friday. Actual school hours are from 8:10 a.m. to 3:00 p.m. No Saturday or Sunday (weekend) hours. d REQUIRED FINDINGS: lOR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development -' application. These findings relate to the Future land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. FUTURE lAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future land Use Map. Pursuant to lOR Section 4.4.12(0)(3), private schools and other similar educational facilities are allowed as a conditional use within the PC zoning district. The proposed PC zoning district is consistent with the current FLUM designation of GC (General Commercial). Thus, positive findings can be made regarding consistency with the FLUM and zoning designations. 2 Planning & Zoning Staff Report - October 17, 2005 Conditional Use to Allow a Private School and Other Similar Education Facilities . CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposed use of the vacant bays within an established shopping plaza should not affect previous findings of concurrency for this property. Thus, positive findings can be reaffirmed at this time with regard to concurrency for all services and facilities. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings In Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted. There are several objectives and policies that address education within the City, which generally apply to public education. Public Schools Facilities Element Policv B-1.4 The City of Delray Beach shall encourage the location of schools proximate to urban residential areas by: . Assisting the School District in identifying funding and/or construction opportunities (including developer participation or City of Delray Beach capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements; . Providing for the review for all school sites as indicated in Policy B-1.1; and, . Allowing schools as permitted uses within all urban residential land use categories. Although the Toussaint L. Ouverture High School for Arts and Social Justice site is proposed to be located in a Commercial shopping plaza it is located near residential areas immediately to the north and northeast (lees Crossing and Franwood Pines) . Therefore, the proposed location of the school is consistent with the Comprehensive Plan policy to locate schools near residential areas. Public Schools Facilities Eleinent Policy B-2.5 of the Comprehensive Plan further states that the City of Delray Beach shall advise the School District of a proposed public school site's consistency with the City of Delray Beach's Comprehensive Plan and land Development Regulations, including the availability of necessary public infrastructure to support the development of the site. Although this is proposed as a private school it is to be funded through a chartering agreement with the Palm Beach County School District and can thus be found to advance public education goals by supplementing the public school system by providing education services to students with special needs. Much like the public education system there is to be no tuition charged to students. Future Land Use Element Obiective A-1: Property shall be developed or redeveloped, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations; is complementary to adjacent land uses; and fulfills remaining land use needs. 3 Planning & Zoning Staff Report - October 17, 2005 Conditional Use to Allow a Private School and Other Similar Education Facilities Development proposals within established developments should also be consistent and complementary to existing and future development pattems. This shopping center is part of what has been deemed the "four corners" site. On December 9'" and 10th of 2004, the Florida Public Officials Design Institute of Abacoa (a collaboration of Florida Atlantic University Center for Urban and Environmental Solutions and South Florida Community Leaders) selected two sites within the City for further study. These sites included the four corners site which includes the four commercial nodes at the intersection of West Atlantic and Military Trail. The Institute published the development recommendations in a "Design Institute Report". The Design Institute's recommendations for the four corners site was that a master plan in which this site would be connected as part of a cohesive development of the intersection be prepared. The report included recommendations that the development mass be increased at the corners and incentives be implemented to provide mixed-use development including workforce housing. Specific recommendations included: . Future development should highlight opportunities for a transit orientated development (TOD) which includes mixed-use development; (TOD is usually a mixed-use development including moderate to high density housing that emphasizes a pedestrian orientated environment and encourages the use of public transportation); . Encourage mixed-use development with commercial or office on the ground floor and residential above while utilizing new urbanism design elements; . Encourage adaptive reuse of existing structures and implement zoning changes which promote mixed-use; and . Overall focus for the sites should be to distinguish this intersection from others along the Military Trail corridor. The proposed conditional use has limited impact on the current commercial development pattern, and there are no compatibly concerns with this type of use and the future introduction of mixed-use development, including the residential component which will include workforce housing. Under a mixed-use development scenario, the most needed commercial uses would be those which provide support services to the residences. Given the Comprehensive Plan directives to locate in close proximity to residential uses the request would be compatible. Further, education opportunities would be considered support services. Therefore, positive findings with respect to consistency can be made. SECTION 2.4.5IE) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (FindIngs), In addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. 4 Planning & Zoning Staff Report - October 17, 2005 Conditional Use to Allow a Private School and Other Similar Education Facilities The following zoning designations and uses border the property: Direction North South East West ZoninQ R-1A PC POC CG-SE (County) Uses Residential Commercial (balance of shopping center) Office Commercial Retail The proposed development is located within Delray Square at the northeastern corner of the site. Lees Crossing subdivision borders the site to the north and is separated by the 90' wide L-33 canal and an additional 93' of setback area. The facility will also be bordered to the east by an existing office center. There have been no known conflicts between the existing shopping center and adjacent properties. There will be no anticipated conflicts created between this site and the use of adjacent properties if appropriate screening including wooden fencing with hedging exterior to the fence is provided. Based on the above, a positive finding can be made that the proposed conditional use will not have a detrimental affect on the neighborhood or hinder development of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Pursuant to lDR Section 2.4.5(E) (4) a site/sketch plan submittal has been received and reviewed by staff. The plan has been found to be in compliance with the land Development Regulations. Private schools are allowed in the Planned Commercial (PC) Zoning District as conditional uses per Land Development Regulation (LOR) Section 4.3.3 (HHH) subject to the following requirements: (HHH) Private Schools and .Other Similar Education Facilities: [Amd. Ord.18-02 6/18/02J (1) Floor Area: Facilities shall contain a minimum floor area of 35 square feet of indoor floor area per child, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage. [Amd. Ord.18-02 6/18/02J Given the proposed student capacity (100 students), the school meets and exceeds this requirement. (100 x 35=3,500 square feet required, 14,955 square feet provided) (2) loading Area: A pickup and drop-off area for children shall be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building. A minimum of a 100' dedicated vehicular drop-off/pick-up lane shall be provided. The stacking area is measured from the loading area and shall not block drive-aisles or parking areas. A greater distance may be required by the approving body based on the intensity of the Private School. A lesser stacking distance may be approved by the Board based on a traffic impact statement. Pathways that cross vehicular use areas shall be defined by special pavings, brick, striping or other method acceptable to the Board. [Amd. Ord. 18-02 6/18102] 5 Planning & Zoning Staff Report - October 17, 2005 Conditional Use to Allow a Private School and Other Similar Education Facilities A 100 foot pick-up and drop-off area is proposed the rear of the shopping center and appears to meet the above requirements. (3) Outdoor Area: There shall be a minimum of 75 square feet of outdoor play area per student. The play area shall be located on the same lot as the principal use and shall not be located in the front yard setback. The play area shall be surrounded by a 6'- high opaque fence or chain link fence with a 6' -high hedge. Outdoor play areas shall meet the minimum setbacks in the PC zoning district per LOR Section 4.3.4(K). Relief from this requirement shall only be granted by the City Commission through the waiver process [Section 2.4.7(B)). [Amd. Ord. 18-02 6/18/02] The application includes the provision of a 7,800 square foot outdoor play area which exceeds the required 7,500 required for the 100 student capacity. A wooden fence (8') is proposed and a hedge 4' 6" at planting and maintained at 6' minimal height is attached as a condition. (4) TransDort Vehicles: For private schools that utilize transport vehicles, an area must be designated for the parking/storage of these vehicles and that these areas be screened when visible from a public right-of-way or residentially zoned property in accordance with LOR Section 4.6.4(A) and 4.6.16(H)(3)(e). [Amd. Ord.18-Q2 6/18/02] The applicant has indicated that no student transportation vehicles are anticipated to be stored on site on a regular basis. On the rare occasion that a vehicle will be left overnight the vehicle will be stored in the outdoor play area and an access gate of 12' is proposed for this purpose. It is noted the school currently has a large bus and further clarification is required as to where the regular storage of this vehicle is proposed. (5) other Reaulations: All Private Schools and Similar Facilities shall comply with the American Disability Act (ADA), Standard Building Code, Fire Codes, and any other regulations including State and County regulations as may be required. [Amd. Ord. 18- 02 6/18/02] Parkina: Pursuant to Land Development Regulation (LOR) Section 4.6.9(C) (3) (e), the parking required for the shopping center is 4 spaces per 1,000 square feet of gross floor area. The individual uses within the center are not required to provide parking associated with for specific uses but are subject to the overall shopping center calculations. Adequate parking exists for the shopping center. The school is proposing to use 50 existing spaces located immediately to the north of the commercial bays along the northern edge of the shopping plaza. As these spaces are not currently utilized by any shopping plaza user no concerns are noted Student CaDacltv: (6) Private school facilities shall be limited to a maximum of 100 students when located in the PC district. [Amd. Ord.18-Q2 6/18/02] 6 Planning & Zoning Staff Report - October 17, 2005 Conditional Use to Allow a Private School and Other Similar Education Facilities The total number of students inside the facility at any given time will be 100 students or less. The hours of operation are between 7:30 a.m. and 5:00 p.m. Monday through Friday. Actual school hours are from 8:10 a.m. to 3:00 p.m. No Saturday or Sunday (weekend) hours. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or HPB (Historic Preservation Board). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: . President's Council . PROD . Presidents Council . Sunset Pines . Lees Crossing . Highland Trailer Park . Neighborhood Advisory Council Members Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed Conditional Use to allow a Private School will allow more diverse educational options within the City of Delray Beach. . Positive findings can be made with respect to Chapter 3 (performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, the proposed Conditional Use can be recommended for approval based on the findings outlined in this report. A. Continue with direction. B. Recommend approval of the Conditional Use request for a Private School for . Toussaint L. Ouverture High School for Arts and Social Justice based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings) and the Goals, Objectives and Policies of the Comprehensive Plan subject to conditions. 7 Planning & Zoning Staff Report - October 17, 2005 Conditional Use to Allow a Private School and Other Similar Education Facilities C. Recommend denial of the Conditional Use request to for a Private School for Toussaint L. Ouverture High School for Arts and Social Justice based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section 2.4.7(B)(5) (Waiver Findings) of the Land Development Regulations. Conditional Use: Recommend to the City Commission approval of the Conditional Use request for a Private School for Toussaint L. Ouverture High School for Arts and Social Justice based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the Goals, Objectives and Policies of the Comprehensive Plan, subject to the following condition: 1. That the maximum number of students on campus at anyone time does not exceed 100 students. 2. That a hedge 4-Yz' at planting and to be maintained at 6' minimum be provided to the exterior of the new wood fencing around the outdoor play area. Attachments: . Conceptual Plan . 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A1.0 - of - THRU: C liYH COMMIS S I ON QO'C UM'ENf A ij'cfN' D~a21AR EN piGfDORLlNG, CTOR OF PLANNING AND ZONING 06 Hr ,., ",,,,,,,,,,,,,,,>:!;::; FROM: SCOTT D. PAPE, SUBJECT: MEETING OF OCTOBER 25, 2005 CONDITIONAL USE REQUEST TO INCREASE THE BUILDING HEIGHT TO A MAXIMUM OF 60' AND TO ALLOW AN INCREASE ABOVE 30 DWELLING UNITS PER ACRE (37.30 DUlAC) FOR 5TH AVENUE AT DELRAY A PROPOSED MIXED USE DEVELOPMENT LOCATED ON THE EAST SIDE OF NE 5TH AVENUE (SOUTHBOUND FEDERAL HIGHWAY), 112' NORTH OF NE 1ST STREET (131-185 NE 5TH AVENUE). TO: II B A e K GR 0 U N D1PROJEC fOE $CRi PYlON II """""",..",,,,,,',. ,.,><.,............... .........."..""..,". ...... .""", The property consists of Lots 2-8 and a portion of Lot 9, Block 1 07 Town of Delray Beach subdivision and contains 1.26 acres. The property contains six structures that were constructed between 1937 and 1986. A development proposal has been received which involves the demolition of the existing structures and construction of a mixed use project that contains 47 condominium dwelling units, 3,952 square feet of retail floor area, and 5,874 square feet of office floor area. The structure is a 5-story building with a two level parking facility containing 132 spaces, located behind the commercial uses along Federal Highway and underneath the dwelling units. The recreational facilities consist of a clubhouse and pool on the third story adjacent to Federal Highway. The development proposal includes an increase to the building height from 48' to 57' and an increase of residential density above 30 dwelling units per acre (37.30 du/ac proposed), which both require conditional use approval. The conditional use application includes a waiver request to the following sections of the City's Land Development Regulations: 1. LDR Section 4.6.18(B)(14)(v)(1), which required a change in roof design, doors and window rhythm and articulation, and building materials or textures every 150' along a building's street frontage and a minimum spacing between the same architectural compositions shall be 300'. 2. LDR Section 4.6.9(D)(3)(c)(1), which requires a stacking distance of 50' for parking lots that have 51 or more parking spaces. 3. LDR Section 4.6.14(A)(1), which requires a 20' visibility triangle at the intersection of the driveways and the alley. 4. LDR Section 4.6.18(B)(14)(iv)(2), which requires a minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. Additional background and an analysis of the Conditional Use request are found in the attached Planning and Zoning Board staff report. ~c... P LAN N IN GANDZO NtNG"":~B"O~RD C O'ffsl'DER ~ 11 ON ,', . 'II At its meeting of September 19, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. There were several persons that spoke in opposition to the increase in the height and density. After discussing the proposal, the Board voted 5-2 (Borchardt and Zacks opposed) to recommend approval of the height and density increases and recommended approval of the waivers for 5th Avenue at Delray based on positive finding with respect to Chapter 3 (Performance Standards), LDR Sections 2.4.5(E)(5)(Conditional Use Findings), LDR Section 4.3.4(J)(4)(b), 4.4.13(1)[Performance Standards], 2.4.7(B)(5), and the policies of the Comprehensive Plan, subject to the 6 conditions of approval outlined on pages 17 & 18 of the attached Planning and Zoning staff report of September 19, 2005. [I H' 'R'e e OM:M!E'Nl)'1;t 1 oR , 'H ''', """!'1 Approve the conditional use request to allow for a building height in excess of 48' (57' proposed), density increase to 37.30 dwelling units per acre, and waivers for 5th Avenue at Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5), 2.4.7(B)(5), 4.3.4(J)(4)(b), 4.4.13(1)[Performance Standards] and Chapter 3 of the Land Development Regulations, subject to the conditions contained in the staff report. Attachment: P&Z Staff Report and Documentation of September 19, 2005 2 t PLANNING AND ZONING BOARD tlTY OF DELRA Y BEACH ---STAFF REPORT --- September 19, 2005 IVA Conditional Use Request for 5th Avenue at Delray to Allow an Increase in Building Height to Exceed 48' (57' Proposed) and increase the residential density above 30 dwelling units per acre (37.30 du/ac pro~osed) for a Proposed Mixed Use Development on the east side of NE 5 Avenue (southbound Federal Highway), 112' north of NE 1st Street (131-185 NE 5th Avenue). MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner..... .................... 5th Avenue at Delray, LLC Agent......................... Weiner & Aronson, P.A. Location......................... . East side of NE 5th Avenue (southbound Federal Highway), 112' north of NE 1st Street (131-185 NE 5th Avenue). ') Property Size.................. 1.26 acres Future Land Use Map..... Commercial Core Current Zoning............... CBD (Central Business District) Adjacent Zoning....North: CBD (Central Business District) East: CBD (Central Business District) South: CBD (Central Business District) West: CBD (Central Business District) Existing Land Use.......... Arnst Automotive Repair, Office, and Residential Proposed Land Use........ Conditional Use Request for a Proposed Mixed Use Project Known as 5th Avenue at Delray to Allow an Increase in Building Height to Exceed 48' for (57' Proposed) and residential density increase above 30 dwelling units per acre (37.30 du/ac) )Nater Service................. Existing on site. Sewer Service................ Existing on site. I I I----'- IN=~ ~ " e-- <i ~ ~.~ =J ~ ~~E ~ < IS == H' J: ~ == ;== ~- a~ c-- = ni== ~__ ~ C= [= - _;;: L-f--~ .. rnzr- -- f---- I II ,6~~~'~~ " 1f[I]]]U I hJ "II 111"[01 nIfno HIIuD ILl N I ~ ~~'<B--~~- ~ --.- - - 1==- , ' .- --. ~- '. S. 1ST SL " I-- . I-- .- --- nocur< ;:::::;t~ ---- -- f----- I-- I-- --- --- I-- I-- 1--- - -- n --~- -- - - I- "'" '-'- fIT- .- n- ~,L.... IV.A. . 'IT' iii/i., ...jji""'"loi:b'" ""..""Bi "'i<...~,HH , "";im),}~~~!i~~~i~;~,~HE~;\~~!L')i~,t~~~!iHini;!H::;:::" ;+;;1;'/1'''''''''' "'" ";"hid;!;;! 'H"I ''''''0. The action before the Board is making a recommendation to the City Commission on the conditional use request for 5th Avenue at Delray to allow an increase to a maximum height of 60' [LDR Section 4.3.4(J)(4)(b)] and to allow an increase above 30 dwelling units per acre [LDR Section 4.4.13(D)(14)] (37.30 du/ac proposed), pursuant to LDR Section 2.4.5(E). The property is located on the east side of NE 5th Avenue (southbound Federal Highway), 112' north of NE 1st Street (131-185 NE 5th Avenue). .S"'C.VQ'R"UIN'D.tp...^J..C'TO""S".C'R....T1'" """.'" ' >".,~::"'~L:..,.>.,~,.:1".L..!:,,.,:.Fl~~,.;Ji~,,::.;i:.!)!i,,::J!R,.,)i.;;;>i;,J"~:tL,~.'~Fi:;;;;>' , H HI The property consists of Lots 2-8 and a portion of Lot 9, Block 107 Town of Delray Beach subdivision and contains 1.26 acres. The property contains six structures that were constructed between 1937 and 1986. A development proposal has been received which involves the demolition of the existing structures and construction of a mixed use project that contains 47 condominium dwelling units, 3,952 square feet of retail floor area, and 5,874 square feet of office floor area. The structure is a 5-story building with a two level parking facility containing 132 spaces, located behind the commercial uses along Federal Highway and underneath the dwelling units. The recreational facilities consist of a clubhouse and pool on the third story adjacent to Federal Highway. The proposed building is 57' high. Therefore, the applicant has submitted a conditional use application to increase the building height from 48' to 57' in accordance with LDR Section 4.3.4(J)(4)(b). In addition, the density of the project is proposed at 37.30 dwelling units per acre. Consequently, a conditional use application has been submitted to exceed 30 dwelling units per acre per LDR Section 4.4.13(D)(14). These conditional use applications are now before the Board for consideration. The conditional use application includes a waiver request to the following sections of the City's Land Development Regulations: 1. LDR Section 4.6.18(B)(14)(v)(1), which required a change in roof design, doors and window rhythm and articulation, and building materials or textures every 150' along a building's street frontage and a minimum spacing between the same architectural compositions shall be 300'. 2. LDR Section 4.6.9(D)(3)(c)(1), which requires a stacking distance of 50' for parking lots that have 51 or more parking spaces. 3. LDR Section 4.6.14(A)(1), which requires a 20' visibility triangle at the intersection of the driveways and the alley. Planning and Zoning Board Staff Report 5th Avenue at Delray - Conditional Use Request Page 2 4. LDR Section 4.6.18(B)(14)(iv)(2), which requires a minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. r . .... . "C"O" ''''iil'*'liMil;i:lt.",,, ~ii";ft:':lt.:l;ii:lt.1 'iUS' "IS' 'H,' . ;;." o'>IL~:'::y,.J,~'~!(H~j~M~~~~m~~~;1~~~~~j1!H,.."":..,,wm:n;:i/Hi" ++,,:);'/,;;\"0. ""'1 REQUIRED FINDINGS (Chapter 31: Pursuant to LOR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LOR's as noted below. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of CC (Commercial Core) and is zoned CBD (Central Business District). The CBD zoning district is consistent with the (CC) Future Land Use Map designation. Pursuant to LDR Section 4.4.13(B)(14), multi-family dwelling units, excluding duplexes, at a density greater than 30 dwelling units per acre, on property located south of NE 2nd Street and north of SE 2nd Street are allowed as a conditional use subject to LDR Section 4.4.13(I)[Performance Standards]. Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(6) & (9), increases in height to 60' are allowed for the subject property as a conditional use subject to criteria identified under LDR Section 4.3.4(J)(4)(b)(ii) & (iii). Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Water service will be provided via extension of lateral connection from an existing 4"/8" main within the alley along the east side of the property. It is noted that the 4" portion of the main must be upgraded to an 8" main, and will be reviewed as part of the site plan process. An 8" water main will need to be extended to the east side of NE 5th Avenue and a fire hydrant installed to provide adequate fire suppression and this is attached as a condition of approval. Sewer service will be provided via a lateral connection from an existing 8" sewer main within the alley. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the Planning and Zoning Board Staff Report 5th Avenue at Delray - Conditional Use Request Page 3 City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Orainaae: Drainage is to be accommodated via roof tie-in to an exfiltration trench. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water permit. Streets and Traffic: A traffic study has been submitted that indicates the proposed development will generate 101 peak p.m. vehicle trips onto the surrounding roadway network. It is noted that the traffic study does not take credit for the traffic generation of the existing residential and commercial uses of the property, which will reduce the traffic generation associated with the proposed development. A condition of approval is attached that the traffic study be revised to reflect the credit for the existing uses. There is adequate capacity on the surrounding roadway network to accommodate the additional trips. It is noted that according to the Palm Beach County Traffic Performance Standards Ordinance, residential developments east of 1-95 are exempt from meeting concurrency. Furthermore, the property is located in the City's Traffic Concurrency Exemption Area. Thus, the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: The proposed units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LOR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Thus, an in-lieu fee of $23,500.00 will be required of this development. Solid Waste: Trash generated each year by the 47 dwelling units is 24.44 tons; 20.15 tons for the 3,952 square feet of retail floor area; and, 15.86 tons for the 5,874 square feet of office area. The combined total of the proposed mixed use project is 60.45 tons per year. This increase can be accommodated by existing facilities and thus, will not be significant with respect to this level of service standard. Schools: The School District of Palm Beach County has submitted a notice of concurrency for the proposed development. Therefore, a positive finding can be made with respect to school concurrency. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LOR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use application are noted: Planning and Zoning Board Staff Report 5th Avenue at Delray - Conditional Use Request Page 4 Future land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the mixed-use development. The project has been designed utilizing the recently adopted Downtown Design Guidelines. The proposed development either meets or exceeds the setback requirements of these guidelines. As will be discussed later in this report, the proposed development is consistent with the criteria to grant increases to height and density. The proposed 5-story mixed use development (37.30 du/ac) is more intense than the 3-story Hamilton Place and Porta AI Mare developments on the east side of the alley, which have a density of 27 du/ac and 27.21 du/ac respectively. With respect to being complimentary to adjacent uses, the proposed mixed use development will provide additional residents in the downtown area, which will support the businesses in this area and improve the sustainability during economic downturns. Further, the commercial businesses of the project will provide additional shopping opportunities within the downtown. As noted in the background section of this report, there several existing houses on the subject property that are contributing buildings. Steps should be taken by the applicant to ensure that these structures are relocated elsewhere in the City. HousinCl Obiective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housina Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed increases to height and density will not have a significant impact on the new multiple family projects to the east or the commercial uses to the north, south and west. The proposed development is located in the center of the City's commercial downtown area. The traffic impacts associated with the development will not have a detrimental affect on any residential neighborhoods. REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT: Pursuant to LDR Section 4.3.4(K), the maximum height of structures in the CSD zoning district is 48'. Pursuant to LDR Section 4.3.4(J)(1), height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof or to the mean Planning and Zoning Board Staff Report 5th Avenue at Delray - Conditional Use Request Page 5 level between eaves and ridge for gable, hip, or gambrel roofs. For buildings adjoining one street, the grade is established as the average of the mean elevation of the crown along the lot frontage. Based on the mean elevation of Federal Highway and NE 3rd Street the proposed building is approximately 57' high. Pursuant to LDR Section 4.3.4{J){4){b){i)(6) & (9), an increase to a maximum height of 60' may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD (Central Business District) and between the Federal Highway one-way pairs. The City Commission may approve an increase in height to a maximum height of 60' based upon a finding of compliance with each of the enumerated criteria listed below. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48', except for the following situations: (1) An increase in intensity is allowed when the increase from 48' to 60' is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in intensity is only for the added residential use area; The increase in height is requested to accommodate residential uses on the top floor of the structure, thereby meeting this requirement. (iii)That the increase in height is based on or will result in two, or more, of the following: (1) That workforce housing is provided within the development in a manner consistent with the provisions of Sections 4.7.5{a) and (d); The development proposal does not include a workforce housing component. Therefore, the increase in height cannot be based on the provision of workforce housing. (2) That 50% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; The first floor area of the parking area covers 25,320 square feet and total floor area of the building (including parking area) is 41,799 square feet. The percentage of parking to ground floor area is 60.57%. Consequently, the proposed development complies with this requirement. (3)That for each foot in height above 48', an additional building setback of two feet (2') is provided from the building setback lines which would be established for a 48' tall structure. The additional setback is required from all setback lines (I.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, Planning and Zoning Board Staff Report 5th Avenue at Delray - Conditional Use Request Page 6 buildings in the CaD zone shall adhere to the setback requirements of that district. The following table identifies the setbacks of the CBD (Central Business District) for that portion of the building that extends above 48': ... <.<..... y: .. ~....< ~ Front (NE5tn Avenl.le) 50% maximum 34' minimum 34' Remaining Length 39' minimum 51' 2" Side InterioL{North) 0' minimum 5' 10" Side lnterior{$()utl'l) ... 0' minimum 4' Rear .. .... 10' minimum 10' 2" The proposed 57'-high building would be required to provide an additional 18' setback from each property line if the 2' rule were applied. As noted in the table above, the proposed building does not provide the additional 19' setback from all property lines. Therefore, the increase in height cannot be based on compliance with this requirement. However, that portion of the building above 48' meets or exceeds the minimum setback requirements of the Downtown Design Guidelines for the CBD zoning district. Therefore, the proposed increase in building height can be based on a positive finding with LOR Section 4.3.4{J)(4)(b)(iii)(3) given the adherence to the setback requirements of the CBD. (4) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking). The proposed total building frontage is 428' 8" and the nonresidential frontage is 401.6' (93.7%). Therefore, the proposed building is consistent with this criteria. PERFORMANCE STANDARDS FOR DENSITY INCREASE: lDR Section 4.4.13(1) - Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 30 dwelling units per acre. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of lDR Section 2.4.5(E) and other applicable standards of the Comprehensive Plan and land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. Planning and Zoning Board Staff Report 5th Avenue at Delray - Conditional Use Request Page 7 The residential component of the proposed development consists of 47 dwelling units on a 1.26 acre parcel of land, which results in a density of 37.30 dwelling units per acre. The development is located in the CBD zoning district, which allows the residential density to exceed 30 units per acre subject to conditional use approval. The analysis with respect to LDR Section 4.4.13(1) is provided below. (2) The applicable performance standards for development under this section are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the fa~ade are offset and varied. In structures having more than two (2) stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. Starting at the second floor, the proposed building provides significant setbacks and plane changes. The second and third floors are step back from the first floor and the further step backs are provided for the fourth and fifth floor. The window sizes are varied together with the window treatments such as muntins and transoms. The balcony doors appear to be French doors. The use of the French doors would enhance the aesthetic appeal of the building. This provision is attached as a condition of approval. The roof line is varied in terms of height and treatment. There are three curved roof features with decorative brackets and standing metal seam. The parapets are staggered in height and architectural treatment. Some of the parapets have a decorative parapet cap, some are plain, and four of the projects have cut-outs. The building design also incorporates unique spiral staircases from the balconies, which provide access to rooftop sundecks. Based upon the above, this performance standard has been achieved. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc. Planning and Zoning Board Staff Report 5th Avenue at Delray - Conditional Use Request Page 8 The parking garage associated with the development is located behind the commercial businesses that front on Federal Highway. Therefore, this performance standard has been met. (e) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The development proposal will provide a mix of two, three and four bedroom dwelling units with eight different floor plans. There are 16 two-bedroom dwelling units ranging in size between 1,491 and 1,560 square feet, 29 three-bedroom dwelling units ranging in size between 1,503 and 2,254 square feet, and 2 four- bedroom dwelling units with 2,327 square feet. It is noted that three of the dwelling units are two-story units. Based upon the above, the intent of this performance standard has been achieved. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. Examples of some features that could be incorporated to meet this standard are: freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building(s); pedestrian amenities such as benches, shaded walkways, decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of the building(s); focal points such as public art, water featurelfountain, courtyard or public plazas designed to connect different uses along a continuous pedestrian walkway; or a combination of similar features that meet the intent of this standard. The development proposal includes paver block sidewalks that connect to the public sidewalk. Additionally, the proposal includes benches within these paver block sidewalks. Based on the above, the intent of this performance standard has been achieved. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and/or amenities. The development proposal provides a swimming pool, storage lockers, exercise room, business center and covered parking. The proposal also includes sun decks on the roof that are accessed from a spiral staircase. Based upon the above, the intent of this performance standard has been achieved. Planning and Zoning Board Staff Report 5th Avenue at Delray - Conditional Use Request Page 9 (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). The development proposal provides a safe and efficient pedestrian connection between the building and the public sidewalk. The access to the parking garage is from the alley, which eliminates the conflict with the vehicular flow along Federal Highway. The applicant should contribute the cost associated with the street improvements for beautification of Federal Highway, which is currently under consideration. These improvements include construction of parallel parking spaces, landscape nodes and street lighting (if necessary). The applicant should contact the City Engineer to obtain an estimate per linear front foot. In order to comply with this performance standard a condition of approval is attached that the applicant contributes the cost associated with these improvements. The City would then be responsible for installing these improvements when these are approved. Based on the above and subject to the attached conditions of approval being addressed, this performance standard will be achieved. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development proposal requires 114 parking spaces and 132 parking spaces have been provided within the parking garage (18 total surplus). Furthermore, the contribution for Federal Highway Beautification will cover the cost to install the parallel parking spaces within Federal Highway providing additional parking opportunities available to the public. Based on the above and subject to the attached conditions of approval being addressed, this performance standard will be achieved. (h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, NE 1st Street or SE 1st Street contain nonresidential uses on the ground floor. At least 75% of the surface area of the front street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. Since the project is located on NE 5th Avenue (Federal Highway), this performance standard does not apply. It is noted that the proposed development provides 55% of window display/entrances and a waiver to a similar requirement in the design guidelines is being sought. Planning and Zoning Board Staff Report 5th Avenue at Deiray - Conditional Use Request Page 10 If approved as conditioned, the proposed development will with comply the seven applicable performance standards contained in LOR Section 4.4.13(1). Given this level of achievement with the performance standards, it is appropriate to grant the requested increase in density. lDR SECTION 2.4.5{E) - REQUIRED FINDINGS: Pursuant to lDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on all sides by the CBD (Central Business District) zoning district. The adjacent land uses include: to the north a private parking lot; to the south by a flooring company; to the east are multiple family developments (Hamilton Place & Porta AI Mare); and various office uses to the west (across Federal Highway). Some of the most recent multiple family developments in the area include the Hamilton Place (27 du/ac); Portal AI Mare (27.21 du/ac); and, Cityscape (30 du/ac). The 5th Avenue at Delray project has a proposed density of 37.30 dwelling units per acre. It seems evident that the increasing densities within the downtown have not hindered development. It is reasonable to infer that the proposed development will not have a negative affect on the development of nearby properties. Based upon the above, positive findings can be made with respect to LOR Section 2.4.5(E) (5) for the conditional request to increase the building height to a maximum of 60' (57' proposed) and the density increase to 37.30 dwelling units per acre. COMPLIANCE WITH lAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. It is noted that the conceptual plan is insufficient to conduct a complete analysis of the land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with lDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following analysis is provided. Buildina Setbacks: The following table indicates that the proposal complies with LOR Section 4.4.13(F)(3)[Table 4.4.13-2] as it pertains to the Central Business District (CBD) zone district: Planning and Zoning Board Staff Report 5th Avenue at Delray - Conditional Use Request Page 11 , ...... ... .... /...... 70%/90% 10' min 74% to 9U% Finished grade to 25' Remaining 22' min Over 22' 2" lenath NE and SE 70% max 10' min 51% 5th and NE 25' to 37' and SE 6th Remaining 27' min Over41' 8" Avenues lenQth 50% max 34' min 46% 37' and above Remaining 39' min Over 51' 2" length Parking Requirements: Pursuant to LOR Section 4.6.9(C)(8)[shared parking calculation], the required parking for the 3,952 square feet of general commercial floor area; 5,874 square feet of office floor area; and the 47 residential units is 114 parking spaces. The development proposal exceeds the parking requirements with 132 parking spaces. Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K)[Minimum residential floor area]: Standard 2 Bedroom Units 900 s . ft. 3 Bedroom Units 1,250 s . ft. 4 Bedroom Units 1,500 s . ft. Provided 1,491s.ft. 1,560 s . ft. 2,327 s . ft. Lighting: A photometric plan has been submitted for the parking area and the wall mounted light fixtures on the east and west sides of the building. The photometric plan indicates that the wall mounted fixtures comply with respect to the City's illumination standards. However, the interior garage lighting is excessive at the driveways along the alley. This illumination will spill into the public alley and have the potential for spilling glare on the adjacent residential property to the east. A condition of approval is attached that the lighting levels be reduced in these areas and shielded to eliminate glare on adjacent properties and the alley. Planning and Zoning Board Staff Report 5th Avenue at Delray - Conditional Use Request Page 12 Maneuvering Area: Pursuant to LDR Section 4.6.9(D)(4)(c), dead-end parking bays are discouraged, but when site conditions dictate that there be dead-end parking bays, they shall be designed so that there is a 6' by 24' maneuvering area at the end of the bay. These maneuvering areas have not been provided at the north and south ends of the parking tier on the lower level of the parking facility. A condition of approval is attached that required maneuvering areas be provided with the site plan submittal. Furthermore, the end parking spaces need to be striped-out in order to provide adequate turn around maneuvering. It is noted that these changes will require redesign of the parking area on this level and may result in a loss of parking spaces. Right-of-Way Dedication: Pursuant to LDR Section 5.3.1 (D)(2), the required alley width is 20' or the existing dominant width. The existing alley adjacent on the east side of the subject property is 16' wide. In order to provide adequate maneuvering area within this alley a dedication of 2' will be required and will be addressed during the site plan process. Architectural Changes: Pursuant to LDR Section 4.6.18(B)(14)(v), buildings subject to the Downtown Design Guidelines are required to provide a change in roof design, doors and window rhythm and articulation, and building materials or textures every 150' of building frontage. Minimum spacing between the same architectural compositions shall be 300'. The proposed elevations fronting on Federal Highway do not provide the minimum spacing between the same architectural compositions. The applicant has requested a waiver to the variation requirements. Waiver Analysis: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has submitted a justification narrative that states: ".. .Although the plans provide chanae in roof desian. doors and window rhvthm and articulation. the distance between this changes less that 300'. The building has been Planning and Zoning Board Staff Report 5th Avenue at Delray - Conditional Use Request Page 13 carefully designed to respond to the context as well to its interior layout. Because of the building length, there are two elevator lobby entrances along the Federal Highways. The layout of the individual residential units revolves around these lobbies, and courtyards have been provided between residential units. Finally, the pool and recreational area is located in the center of the structures, to further break up the massing. This symmetrical location of the recreational area makes it accessible to all units. The "chanaes in roof desian, door and window rhythm and articulation" respond to the location of the courtyards, the recreational area, the elevator lobbies, and, in general, to the general internal organization of the building, which is not a set number of 300'. However, we believe that the intent of Section 4.6. 18(B)(14)(v)(1) has been met, because the proposed building is not a monotonous looking structure, and there is sufficient architectural interest, including chanaes in roof desian. door and window rhythm and articulation. and furthermore, these changes are spaced adequately along the front faqade." The purpose of the variation requirements is to restrict a monotonous architectural presentation. It is noted that the proposed building greatly exceeds the setbacks of the upper floors. This design provides an aesthetically pleasing building. These requirements are part of the recently adopted Downtown Design Guidelines and are now being applied to new development in the CBD zoned area of the City. While the intent of these requirements will prevent monotonous architectural design, consideration should be given to building designs that have a superior appearance which will be an asset to the City. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LOR Section 2.4.7(B)(5), Waiver Findings can be made. Stacking Distance: Pursuant to LOR Section 4.6.9(D)(3)(c)(1), the minimum distance between a right-of- way and the first parking space or aisle way in a parking lot that has 51 or more parking spaces shall be 50'. The proposed stacking distance from the alley is 27'. The applicant has requested a waiver to the stacking requirements. Waiver Analysis: The applicant has submitted a justification narrative that states: ". . .Because of the urban nature of the project, there is not enough space available for the 50' stacking requirement. However, the driveways are located off the alley, where minimum travel speeds occur, and traffic volume is limited to visitors and residents of that particular city block. " The parking garage provides two driveways to the public alley, which reduces the impact on the stacking. Furthermore, the speeds and traffic volumes along the alley are less than a public street. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LOR Section 2.4.7(B)(5), Waiver Findings can be made. Planning and Zoning Board Staff Report 5th Avenue at Delray - Conditional Use Request Page 14 Visibility Triangles: Pursuant to LOR Section 4.6.14(A)(1), a 20' visibility triangle is required at the intersection of the garage driveways and the alley. The parking garage wall encroaches into the required visibility triangles. The applicant has requested a waiver to the visibility requirements. Waiver Analysis: The applicant has submitted a justification narrative that states: ".. . Once again, because of the "urban in fill" nature of the project, visibility triangles are deduced or partially obstructed by the building. However, the driveways are located off the alley, where traffic volume is limited and traffic speeds are very low." The City has approved similar waivers of the sight visibility triangles for other projects. The proposed development provides approximately 10' visibility triangles. Given the lower traffic volumes and speeds along an alley, these sight lines should be sufficient in terms of safety. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LOR Section 2.4.7(8)(5), Waiver Findings can be made. Window Design: Pursuant to LOR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. The development proposal provides transparency levels 55%. The applicant has requested a waiver to this design requirement. Waiver Analysis: The applicant has submitted a justification narrative that states: ".. .However, providing 75% of glass surface for the first floor make the elevation look a lot more modern, and it will give the project an entirely different look. The window openings, which are 55% of the first floor wall surface, provide for sufficient visual impact of the commercial space. In other words, there are sufficient windows for pedestrians and automobile traffic to see into the commercial spaces. However, the windows are broken up with columns, to create a particular rhythm along the faqade. Increasing the glass surface to 75% will force us to provide longer surfaces of continuous glass, changing the traditional character of the project. We would also be force to eliminate the kick plates under the window, a traditional design element that gives the project and elegant appearance. Together with this waiver, we respectfully request to the Planning and Zoning Department to reconsider this recently requirement to the LOR's. We believe a 50% glass surface requirement will give more freedom to the designers to create traditional designs while still maintaining sufficient openness of the commercial spaces." Planning and Zoning Board Staff Report 5th Avenue at Delray - Conditional Use Request Page 15 The purpose of this requirement is to provide a pedestrian friendly shopping environment that draws people from one building to the next and eliminates the "dead" spaces along commercial area. It is noted that the proposed development is located one block north of Atlantic Avenue along Federal Highway. This area will likely experience much fewer window shoppers than along Atlantic Avenue. Furthermore, the architectural expression of the building is unique and appealing to the public. The uses that occupy this building will probably experience much more of their business from destination patrons than the incidental stroller along Atlantic Avenue. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. , . , ""R"E""v'I'E!W'a',(::Q.'It""I:IE!!RS'" ,,,,,,,,,;.,,,,,.,,.;,,,,, ',." 1',. ''','' ';,. .0.000. j; ",,'.h>:<..:.' . i ." ",,. '" . l' '-ii'. "/" (: .;.',. .:::::>> .o....O.oooooooO....O...O.O..........O....H..........O"..0.0.0.000.0 .0.0000....00.00.. nm;:ijiEj> ;;:1;;:;; ";"i;. '....., '/""/::1 Community Redevelopment Aaency (CRA): At its meeting of August 11, 2005, the CRA reviewed the conditional use request and recommended approval. Downtown Development Authority: At its meeting of August 8, 2005, the DDA reviewed the conditional use and recommended approval. Site Plan Review and Appearance Board: If the Conditional Use requests are approved, a site plan application will be processed for the development proposal, with final action by SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: ~ Progressive Residents of Delray (PROD) ~ President's Council ~ Delray Beach Chamber of Commerce ~ Country Club Acres ~ Marina Historic District ~ Beach Properties Owners ~ Hamlet Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. The City has received a letter in opposition to the increase in height. Planning and Zoning Board Staff Report 5th Avenue at Delray - Conditional Use Request Page 16 Any additional letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. I Asssi "ieSSMiIi!iN't.iNi':I\Q'.ol NI'illec'OSION' " " """."\ "I .. ..: ; .., . . .!.~. . .... ~ . ' The proposed conditional use is to allow an increase of the building height in excess of 48' (57' proposed). The increase in height is in part due to the applicants provision of setbacks over those required for the front, which results in the reduction of the massing of the building. The architectural design is very unique and should be an asset to the community. It is noted that several waivers are requested to the newly adopted Downtown Design Guidelines. These waivers can be supported given the appealing architectural product that will be provided. With redevelopment of the site, it is noted that there are several existing buildings on the property that should be saved and relocated as they are a valuable resource to the City. As described in this staff report, the request for additional height meets the criteria established in 4.3.4(J)(4)(b). The increase in density can be supported since the proposed development complies with all of the applicable performance standards. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDR. Positive findings can be made with respect to LDR Section 2.4.5(E)(5) regarding compatibility of the proposed development with the surrounding properties regarding the requested increase in building height and density. I ""''':>><>::><::+i'' "'A"'\"E!' ......,lii:.,.til'."E!. ""'......."0...6' ,', ." , .. ',,"", ,':i!i!:'i,,:;iH*,ii,;::.~!!!~~!~i,;::,ii~~i!~i,.i"::!',~~~i!iii!i!iiii;!i!;!'!:' ii;!!!;!::!!:!!!!;:!i! " ""'.'('(.""'1 iiiiiiiiiii'j;j,iiiiiiimllill!jijim1uu!!ml, A. Continue with direction. B. Move a recommendation of approval to the City Commission for the conditional use requests to allow for a building height in excess of 48' (57' proposed) and density increase to 37.30 dwelling units per acre and waivers for 5th Avenue at Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5), 4.3.4(J)(4)(b), 4.4.13(1)[Performance Standards], 2.4.7(B)(5) and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the conditional use requests for a building height in excess of 48' (57' proposed), and density increase to 37.30 dwelling units per acre and waivers for 5th Avenue at Delray, by adopting the findings of fact and law contained in the staff report, and find that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(E)(5), 4.3.4(J)(4)(b), 4.4.13(1)[Performance Standards], 2.4.7(B)(5) and Chapter 3 of the Land Development Regulations. Planning and Zoning Board Staff Report 5th Avenue at Delray - Conditional Use Request Page 17 I . .'. .. rrailfc- N~ft. . "''''~~;''~h''';tNI<''''''' ,. +0', :i:'iH::'ii";!:UHW!:i;:;!;~>::;;~,.,'~~~~~!!M~n,!~~~~j!1:;Hi! "'i;!;:!;mm;;;mm!imm!1;1iiiijHij ,. "."""";<.. .1 <>"; "'1""'1"'0'00000 ;"j'i;i:::ijii;ii;iiiiiiiiiiiHiiiii By Separate Motion: Waivers: 1. Recommend approval of a waiver to LDR Section 4.6.18(B)(14)(v)(1), which requires a change in roof design, doors and window rhythm and articulation, and building materials or textures every 150' along a building's street frontage and a minimum spacing between the same architectural compositions of 300', subject to positive finding with respect to LDR Section 2.4.7(B)(5). 2. Recommend approval of a waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires a stacking distance of 50' for parking lots that have 51 or more parking spaces, subject to positive finding with respect to LDR Section 2.4.7(B)(5). 3. Recommend approval of a waiver to LDR Section 4.6.14(A)(1), to reduce the 20' visibility triangle to a minimum of 10' at the intersection of the driveways and the alley, subject to positive finding with respect to LDR Section 2.4.7(B)(5). 4. Recommend approval of a waiver to LDR Section 4.6.18(B)(14)(iv)(2), to reduce the minimum transparency or glass surface area from 75% to 55%, subject to positive finding with respect to LDR Section 2.4.7(B)(5). Conditional Use: Move a recommendation of approval to the City Commission for the conditional use request to allow for a building height in excess of 48' (57' proposed) and density increase to 37.30 dwelling units per acre for 5th Avenue at Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5), 4.3.4(J)(4 )(b), 4.4.13(1)[Performance Standards] and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That necessary extension and upgrading of utilities be provided as part of the site plan process. 2. That the lighting levels be reduced along the east side of the building and shielded to eliminate glare on adjacent properties and the alley. 3. That the balcony doors be French doors. 4. That the applicant contributes the cost associated with the installation of parallel parking spaces, landscaping and street lighting along Federal Highway (Federal Highway Beautification project). 5. That the traffic study be revised to reflect the credit for the existing uses. Planning and Zoning Board Staff Report 5th Avenue at Delray - Conditional Use Request Page 18 6. That required maneuvering areas at the north and south ends of the lower parking level be provided and that the end parking spaces be striped-out. Attachments: . Conceptual Plans . Location Map Report prepared by: Scott D. Pape. Senior Planner MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER U7V( AGENDA ITEM q ~ - REGULAR MEETING OF OCTOBER 25. 2005 BID AWARD/SPECIAL PRODUCTS GROUP TO: SUBJECT: DATE: OCTOBER 21, 2005 lbis is before the Commission to consider approval of a bid award to second lowest bidder, Special Products Group, at an estimated annual cost of $75,935.25 for the purchase of uniforms for the Police Department. On October 6, 2005, two (2) bids were received. The bid received from low bidder, Safety and Security International, was incomplete. Safety and Security International did not bid on Items #15 and #16; and they did not submit uniform samples, which was a requirement in the bid specifications. The Administrative Services Director for the Police Department has reviewed the bids and uniform samples and recommends awarding the bid to Special Products Group; which is our current vendor and provides excellent service. Funding is available from 001-2111-521-52.22 (Public Safety/Uniforms/Linen), 001-2113-521-52.22 (Support Services/Uniforms/Linen), 001-2115-521-52.22 (Investigation/Special Ops./Uniforms/ Linen), 001-2117-521-52.22 (District I/Uniforms/Linens), 001-2119-521-52.22 (District 2/ Uniforms/Linens), and 001-2121-521-52.22 (District 3/Uniforms/Linens). Recommend approval of a bid award to second lowest bidder, Special Products Group, at an estimated annual cost of $75,935.25 for the purchase of uniforms for the Police Department. S:\City Clerk\agendamemos\CM Bid Award Special Products Group znd Lowest Bidder 102505 MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Manager ~ THROUGH: Joseph Safford, Finance Director DATE: October 17,2005 SUBJECT: DOCUMENT AnON - CITY COMMISSION MEETING OCTOBER 25, 2005 - BID AWARD - PURCHASE OF UNIFORMS FOR THE POLICE DEPARTMENT ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve award to Special Products Group for the purchase of uniforms for the Delray Beach Police Department at an estimated annual cost of $75,935.25. Background: Bids were received on October 06, 2005 from two (2) vendors all in accordance with City purchasing policies and procedures. (Bid #2005-41. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Administrative Services Director for the Delray Beach Police Department has reviewed the bids received and samples of uniforms submitted and recommends award to Special Products Group, per attached memo dated October 13, 2005. The low bidders' bid was incomplete as they did not bid on items #15 & 16 in the bid package and in addition they did not submit samples of their uniforms which was specified as a requirement in the bid specifications. Special Products Group is our current vendor and they provide excellent services. Recommendation: Purchasing Staff recommends award to Special Products Group for the purchase of uniforms for the Delray Beach Police Department at estimated annual cost of $75,935.25. Funding from account codes 001-2111-521-52.22, 001-2113-521-52.22,001-2115-521-52.22,001-2117-521- 52.22,001-2119-521-52.22, and 001-2121-521-52.22. Attachments: Memo From Police Department Tabulation of Bids Joseph L. Schroeder Chief of Police TO: FROM: DATE: Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 2004 MEMORANDUM Jackie Rooney Purchasing Tina Lunsford / Administrative Services Director October 13, 2005 SUBJECT: BID #2005-41 The Police Department has selected Special Products Group as the vendor for the department uniforms, as they were the only qualifying bidder. Tlllrmh ReCelVE:O OCT f~ 85 ~M Serving with P.R.I.D.E. Professionalism, R'if}flfi!r,'YHtlltrf?y;'Dif;bFiity and Excellence f'~L~~ B~!=~ ..... All-America City ~ ~ III: 1993 2001 CITY OF DELRAY BEACH PURCHASE OF UNIFORMS FOR DELRA Y BEACH POLICE DEPARTMENT Bid #2005-41 DATE: OCTOBER 06, 2005 Special Products Safety and Security ITEM # DESCRIPTION QTY Group International 1 Long Sleeve Shirt 40 $29.50 ea. $31.75 ea. Lady-Plain, Zipper $1,180.00 $1,270.00 Officers/Supervisors Oversize 4 $29.50 ea. $38.25 ea. $118.00 $153.00 2 Long Sleeve Shirt 250 $29.50 ea. $29.75 ea. Men - Plain, Zipper $7,375.00 $7,437.50 Officers/Sunervisors Oversize 70 $29.50 ea. $35.75 ea. $2,065.00 $2,502.50 3 Short Sleeve Shirt 60 $25.50 ea. $29.75 ea. Lady $1,530.00 $1,785.00 Officers/Sunervisors Oversize 8 $25.50 ea. $35.75 ea. $204.00 $286.00 4 Short Sleeve Shirt 480 $25.50 ea. $27.75 ea. Men $12,240.00 $13,320.00 Officers/Sunervisors Oversize 280 $25.50 ea. $33.25 ea. $7,140.00 $9,310.00 5 Pants 380 $30.75 ea. $27.75 ea. Male $11,685.00 $10,545.00 Officers/Sunervisors Oversize 100 $30.75 ea. $33.25 ea. $3,075.00 $3,325.00 6 Pants 45 $30.75 ea. $27.75 ea. Female $1,383.75 $1,248.75 Officers/Sunervisors Oversize 6 $30.75 ea. $33.25 ea. $184.50 $199.50 7 Jacket 25 $94.00 ea. $41.75 ea. MalelFemale $2,350.00 $1,043.75 (See comments below) Ref:s:\ftnancelpurehaslnglPolice Unifonns.xlslsdV10/1212oo5 Page 1 of3 CITY OF DELRAY BEACH PURCHASE OF UNIFORMS FOR DELRAY BEACH POLICE DEPARTMENT Bid #2005-41 DATE: OCTOBER 06, 2005 Special Products Safety aud Security ITEM # DESCRIPTION QTY Group International 8 Jacket (Windbreaker) 75 $19.50 ea. $29.75 ea. MalelFemale $1,462.50 $2,231.25 9 Sweater 35 $39.00 ea. $87.00 ea. MalelFemale $1,365.00 $3,045.00 10' Tie 40 $2.75 ea. $2.50 ea. MalelFemale $110.00 $100.00 II P.E.s. Shirts 25 $21.50 ea. $25.75 ea. Short Sleeves $537.50 $643.75 MalelFemale 12 C.O.P. Shirts 500 $21.50 ea. $25.75 ea. Short Sleeves $10,750.00 $12,875.00 MalelFemale I3 BDD Trouser 50 $21.50 ea. $18.25 ea. Twill $t,075.00 $912.50 MalelFemale 14 BDD Trouser 100 $21.50 ea. $24.00 ea. Ripstop $2,150.00 $2,400.00 MalelFemale 15 Cargo Short 200 $33.25 ea. Patrol Stretch $6,650.00 NO BID Male 16 Cargo Short 45 $29.00 ea. Patrol Stretch $1,305.00 NO BID Female GRAND TOTAL $75,935.25 $74,633.50 Delivery Time as Specified in Bid Snecification? Yes Will Extend Same Prices, Tenns and Conditions to other Governmental Entities? Yes Yes Ref:s:\finance\purchasing\Police Uniforms.xls/sdI/10/12/2005 Page 2 013 CITY OF DELRAY BEACH PURCHASE OF UNIFORMS FOR DELRA Y BEACH POLICE DEPARTMENT Bid #2005-41 DATE: OCTOBER 06,2005 Special Products Safety and Security ITEM # DESCRIPTION QTY Group International Manufacturer/Catalog #: Item #1: Fechheimer Item #1: Horace Small 1188 Navy - 127R7886Z White - 126R7800Z Item #2: Fechheimer Item #2: Horace Small 1150 Navy - 34W7886Z White - 33W7800Z Item #3: Fechheimer Item #3: Horace Small 1289 Navy - 177R 7886Z White - t76R7800Z Item #4: Fechheimer Item #4: Horace Small 1250 Navy - 87R 7886Z White - 85R7800Z Item #5: Fechheimer 34200 Item #5: Horace Small 2149 Item #6: Fechheimer 34250 Item #6: Horace Small 2181 Item #7: Fechheimer 58120 Item #7: Tact Squad 9001 Item #8: Auburn 20 I Item #8: Tact Squad II11 Item #9: Fechheimer 701 Item #9: SFKM 5951 Item #10: Samuel Broome 900IC Item #10: Samual Broome 900lC Item #11: Fechheimer Item #11: Horace Small 1209 Ladies - 176R5441 Mens - 85R5441 Item #12: Fechheimer Item #12: Horace Smalll2IO Ladies - 176R5435 Mens - 85R5435 Item #13: Propper 706 Item #13: Atlanco Item #14: ProDDer 370 Item #14: Atlanco Item #15: SDortif618170 Item #16: Sportif 630270 Comments: Item #7: Optional zip out full sleeve Thinsulate liner is available for purchase. Liner is Fechheimer Style 32740. Price each: $36.50 Ref:s:llinancelpurchasinglPolice Uniforms.xlslsdl/10/1212005 Page 3 of 3 AGENDA ITEM NUMBER: qO AGENDA REQUEST Request to be placed on: October 25, 2005 Date: October 17, 2005 1L Consent Agenda _ Speciai Agenda _ Workshop Agenda Description of agenda item: Bid award to Special Products Group for the purchase of uniforms for the Delray Beach Police Department at an estimated annual cost of $75,935.25. Pricing per Bid #2005-41. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Approve bid award to Speciai Products Group for the purchase of uniforms for the Delray Beach Poiice Department at an estimated annual cost of $75,935.25. Pricing per bid #2005-41. Funding from account codes 001-2111-521-52.22 (Public Safety), 001-2113-521-52.22 (Support Services), 001-2115-521-52.22 (Investigation/Speciai OPS), 001-2117-521-52.22 (District I), 001- 2119-521-52.22 (District 2) and 001-2121-521-52.22 (District 3). Department Head Signature: ~~ ' ~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re~ all items involving expenditure of funds): Funding available: I~/ ~ No Funding alternatives: (if applicable) Account Number: At un ifv/.1-1 UnikrMS -1 '3 t:.. I ()II. , t1N!~r.j--s {{ bOV<-' Account Description: Account Balance: City Manager Review: Approved for agenda: ~4 , Hold Until: . No Agenda Coordinator Review: Received: Action: Approved Disapproved Community Improvement Memo To: David Harden, City Manager ~ ~ Lula Butler, Director, Community Improvement ~ From: Date: October 20, 2005 Re: Agreements Between the City of Delray Beach and the Community Child Care Center and Children's Case Management Organization for Beacon Center Services ITEM BEFORE THE COMMISSION: Approval of the Agreements between the City of Delray Beach and the Community Child Care Center (CCCC) and Children's Case Management Organization (CCMO) as the non- profit providers of services at the Village Academy Beacon Center, pursuant to the City's contract with Children's Services Council of Palm Beach County (CSC). BACKGROUND: The City of Delray Beach is designated as the Central Agency for funds awarded by CSC for the Beacon Center at Village Academy. The total grant awarded to the City is $795,547. The agreements formalizes the partnership between the City and the two non-profit partners for fiscal year 2005-06 and is inclusive of the grant amount awarded to each partner and the programs and services to be carried out. The City confinues to provide the fiscal and program monitoring of the non-profit partners performance, pursuant to the requirements of CSC. RECOMMENDATION: Staff is recommending approval of the agreements between the City and the Community Child Care Center and Children's Case Management Organization as the non-profit partners providing services at the Beacon Center at Village Academy Elementary School. LB:DQ Attachments !;;Y\ qE. AGREEMENT THIS AGREEMENT, made this day of , 2005, by and between the CITY OF DELRAY BEACH, a municipal corporation, (City), 100 NW 1st Avenue, Delray Beach, FL 33444 and Children's Case Management Organization, 1720 E. Tiffany Drive, Suite 101, West Palm Beach, FL 33407. WITNESSETH: WHEREAS, the City received a grant in the amount not to exceed $795,547 from the Children's Service Council (CSC) of Palm Beach County, in support of the Beacon Center at Village Academy Elementary School, located at 400 SW 12th Avenue, Delray Beach, FL, 33444. WHEREAS, the City desires to subcontract with the Children's Case Management Organization a local not-for profit organization, to carry out the Service and activities associated with the Beacon Center at Village Academy Elementary School. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the parties hereby agree as follows: I. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Term: This agreement shall commence on October I, 2005 and terminate on September 30, 2006 with an option to renew annually_ This Agreement shall be contingent upon the City's receipt of grant money from the Children's Service Council of Palm Beach County for the Beacon Center at Village Academy Elementary School. 3. Payment: Subject to Paragraph 2 above, transfers from the City to CCMO will be made in accordance with the following procedures: a) The City agrees to reimburse to CCMO for provision of services described in Exhibit "A" (consisting of the Program Compliance Items) attached hereto and made a part hereof; composite Exhibit "B" (consisting of the City's Budget, attached hereto and made a part hereof; and Exhibit "c" (consisting of the Beacon Center Activities) attached hereto and made a part hereof to the extent provided in subparagraph c) below. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by CCMO shall be provided in compliance with all terms and conditions set forth in the Exhibits "A", "B" and "c" as well as the terms and conditions of this formal Agreement between the City and CCMO. b) The total Payment for services rendered pursuant to this Agreement shall be up to $171,247 for October 1,2005 through September 30, 2006 and made to CCMO monthly on a reimbursement basis. CCMO shall submit an invoice to the City by the 10th day of each month following the month in which the services were provided. The invoice will I include documentation reflecting all expenditures made by CCMO under this Agreement, in whatever form reasonably required by City. Subject to the availability of funds, the City will provide reimbursement to CCMO within 30 days after receipt of the invoice. CCMO shall submit a final invoice to the City no later than September 30, 2005 (with appropriate documentation). The City will not reimburse CCMO for any expenditure made by CCMO under this Agreement that is submitted after September 30, 2005. The City has the discretion to decrease CCMO's allocation based upon the program's inability to meet the parameters outlined in the program model and/or the inability to maintain program capacity based upon quarterly reviews. 4. Reduction in Payment: Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in paragraph 3 above may be reduced in the event that the City determines that CCMO will not spend the entire amount allocated by September 30th fiscal year end. This determination may be made (a) during the course of reviewing a budget revision submitted by CCMO pursuant to the City's procedures or (b) based upon the City's monitoring of CCMO's program and its expenditure history. Before any such reduction becomes final, CCMO will be notified in writing of the proposed action and shall have the opportunity to address the City's Board regarding the proposed reduction. The decision of the City's Board on this issue shall be final. If the City reduces the dollar amount, CCMO may terminate this Agreement upon five (5) days notice in writing to the City. The City shall reimburse CCMO for all monies expended up to and including the effective date ofthe termination. 5. Overpayment: CCMO agrees to return to the City any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been properly earned under this Agreement. Such funds shall be refunded in full by CCMO to the City as follows: a. Within twenty (20) days from the date of written notification by the City to CCMO of overpayment or disallowance; or b. Within thirty (30) days following the end of this Agreement. c. The City shall have the right to deduct from any subsequent payment request submitted by CCMO, the amount of any overpayments or disallowed funds. 6. Suspension ofPavment of Funds: The City may, for reasonable cause, suspend the payment of funds pending corrective action by CCMO or pending a decision by the City to terminate this Agreement. The City may, for reasonable cause, prohibit CCMO from incurring additional obligation of any funds received from the City, pending corrective action by CCMO or a decision to terminate this Agreement. Said suspension of payment of funds or obligation thereof may apply to all or part ofCCMO's operations funded by the City. 2 7. CCMO agrees to comply with all CSC certification documentation requirements including, but not limited to: . CSC Nepotism Policy Certification; . Personnel Policies and Procedures; . Job Descriptions of all funded staff positions; . Certificates of insurance (liability, and theft and auto if capital equipment or vehicle was purchased with Contractor funds); . License(s) to operate agency/program, if applicable; . Current list of Subcontractor's board members; . Sales Tax Exemption Certificate; . Service site( s) Fire Inspection Certificate( s), if applicable; . Service site(s) Health Inspection Certificate(s), if applicable Said documentation will be retained on file with the City. 8. The CCMO agrees to provide program data on a quarterly basis, and in a format as requested by the City, as well as fiscal reports as requested by City. 9. Indenmification: CCMO shall defend, indenmify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by CCMO or its subcontractors in the performance of the Contract except to the extent caused by the sole negligence 'of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by CCMO. 10. Indeoendent Contractor: CCMO is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venture with the City. CCMO shall assume sole and exclusive responsibility for the payment of wages to all employees for services performed by them under this Agreement. CCMO shall, with respect to said employees, be responsible for withholding federal income taxes, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 11. Insurance: CCMO shall provide the City with Comprehensive General Liability Insurance in the amount of $1,000,000.00 per occurrence naming the City as an additional insured, with a thirty (30) days notice of cancellation provision. CCMO shall provide Worker's Compensation Insurance as required by law and Automobile Insurance in the amount of $500,000.00, naming the City as an additional insured. 3 12. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the City: David Harden, City Manager City of Del ray Beach 100 NW 1 51 Avenue Delray Beach, FL 33444 For CCMO: Julie Swindler Executive Director 1720 E. Tiffany Drive Suite 101 West Palm Beach, FL 33407 13. Termination: In the event funds to finance this Agreement become unavailable to the City, the City may terminate this Agreement upon no less than five (5) days written notice to CCMO. The City shall be the final authority as to the availability of funds. Notwithstanding any other provision of this Agreement, the City may terminate this Agreement for any breach by CCMO. If the City intends to terminate this Agreement, notice shall be provided in writing to CCMO no less than twenty-four (24) hours prior to the effective date of the termination. The City's failure to terminate or suspend a CCMO for past breaches of this Agreement shall not be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. In addition, CCMO and the City may each terminate this contract with or without cause provided that CCMO or City shall give sixty (60) days notice in writing to City or CCMO. The City shall reimburse CCMO for all monies CCMO has expended up to and including the effective date of the termination and CCMO shall do the same. 14. VenuelLaws. This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 15. Entire Agreement. This Agreement along with Exhibits "A", "B" and "c" attached hereto shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understanding and agreements between the parties with respect to such maters are merged into this Agreement, which alone fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. 4 16. Assignment or Transfer. This Agreement may not be assigned or transferred by CCMO in whole or part without the written consent of the City. IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Legal Form: City Attorney WITNESS: CHILDREN'S CASE MANAGEMENT ORGANIZATION By: Julie Swindler, Executive Director Signature Print Name Signature Print Name 5 N r- It) It) , ~ ex:> ex:> , ~ CD It) .. .!!! 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WITNESSETH: WHEREAS, the City received a grant in the amount not to exceed $795,547 from the Children's Service Council (CSC) of Palm Beach County, in support of the Beacon Center at Village Academy Elementary School, located at 400 SW 12th Avenue, Delray Beach, FL, 33444. WHEREAS, the City desires to subcontract with the Community Child Care Center a local not-for profit organization, to carry out the Service and activities associated with the Beacon Center at Village Academy Elementary School. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Term: This agreement shall commence on October I, 2005 and terminate on September 30., 2006 with an option to renew annually. This Agreement shall be contingent iijion the City's receipt of grant money from the Children's Service Council of Palm Beach County for the Beacon Center at Village Academy Elementary School. 3. Payment: Subject to Paragraph 2 above, transfers from the City to CCCC will be made in accordance with the following procedures: a) The City agrees to reimburse to CCCC for provision of services described in Exhibit "A" (consisting of the Program Compliance Items) attached hereto and made a part hereof; composite Exhibit "B" (consisting of the City's Budget, attached hereto and made a part hereof; and Exhibit "c" (consisting of the Beacon Center Activities) attached hereto and made a part hereof to the extent provided in subparagraph c) below. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by CCCC shall be provided in compliance with all terms and conditions set forth in the Exhibits "A", "B" and "c" as well as the terms and conditions of this formal Agreement between the City and CCCC. b) The total Payment for services rendered pursuant to this Agreement shall be up to $624,300 for October 1, 2005 through September 30,2006 and made to CCCC monthly on a reimbursement basis. CCCC shall submit an invoice to the City by the 10th day of each month following the month in which the services were provided. The invoice will 1 include documentation reflecting all expenditures made by CCCC under this Agreement, in whatever form reasonably required by City. Subject to the availability of funds, the City will provide reimbursement to CCCC within 30 days after receipt of the invoice. CCCC shall submit a final invoice to the City no later than September 30, 2005 (with appropriate documentation). The City will not reimburse CCCC for any expenditure made by CCCC under this Agreement that is submitted after September 30, 2005. The City has the discretion to decrease CCCC's allocation based upon the program's inability to meet the parameters outlined in the program model and/or the inability to maintain program capacity based upon quarterly reviews. 4. Reduction in Payment: Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in paragraph 3 above may be reduced in the event that the City determines that CCCC will not spend the entire amount allocated by September 30th fiscal year end. This determination may be made (a) during the course of reviewing a budget revision submitted by CCCC pursuant to the City's procedures or (b) based upon the City's monitoring of CCCC's program and its expenditure history. Before any such reduction becomes final, CCCC will be notified in writing of the proposed action and shall have the opportunity to address the City's Board regarding the proposed reduction. The decision of the City's Board on this issue shall be final. If the City reduces the dollar amount, CCCC may terminate this Agreement upon five (5) days notice in writing to the City. The City shall reimburse CCCC for all monies expended up to and including the effective date of the termination. 5. Overpayment: CCCC agrees to return to the City any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been properly earned under this Agreement. Such funds shall be refunded in full by CCCC to the City as follows: a. Within twenty (20) days from the date of written notification by the City to CCCC of overpayment or disallowance; or b. Within thirty (30) days following the end of this Agreement. c. The City shall have the right to deduct from any subsequent payment request submitted by CCCC, the amount of any overpayments or disallowed funds. 6. Suspension ofPavment of Funds: The City may, for reasonable cause, suspend the payment of funds pending corrective action by CCCC or pending a decision by the City to terminate this Agreement. The City may, for reasonable cause, prohibit CCCC from incurring additional obligation of any funds received from the City, pending corrective action by CCCC or a decision to terminate this Agreement. Said suspension of payment of funds or obligation thereof may apply to all or part ofCCCC's operations funded by the City. 7. CCCC agrees to comply with all CSC certification documentation requirements including, but not limited to: 2 . CSC Nepotism Policy Certification; . Personnel Policies and Procedures; . Job Descriptions of all funded staff positions; . Certificates of insurance (liability, and theft and auto if capital equipment or vehicle was purchased with Contractor funds); . License(s) to operate agency/program, if applicable; . Current list of Subcontractor's board members; . Sales Tax Exemption Certificate; . Service site(s) Fire Inspection Certificate(s), if applicable; . Service site(s) Health Inspection Certificate(s), if applicable Said documentation will be retained on file with the City. 8. The CCCC agrees to provide program data on a quarterly basis, and in a format as requested by the City, as well as fiscal reports as requested by City. 9. Indemnification: CCCC shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by CCCC or its subcontractors in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by CCCC. 10. Independent Contractor: CCCC is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venture with the City. CCCC shall assume sole and exclusive responsibility for the payment of wages to all employees for services performed by them under this Agreement. CCCC shall, with respect to said employees, be responsible for withholding federal income taxes, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 11. Insurance: CCCC shall provide the City with Comprehensive General Liability Insurance in the amount of $1,000,000.00 per occurrence naming the City as an additional insured, with a thirty (30) days notice of cancellation provision. CCCC shall provide Worker's Compensation Insurance as required by law and Automobile Insurance in the amount of $500,000.00, naming the City as an additional insured. 12. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: 3 For the City: David Harden, City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 For CCCC: Nancy Hurd Executive Director 555 NW 4th Street Delray Beach, FL 33444 13. Termination: In the event funds to finance this Agreement become unavailable to the City, the City may terminate this Agreement upon no less than five (5) days written notice to CCCC. The City shall be the final authority as to the availability of funds. Notwithstanding any other provision of this Agreement, the City may terminate this Agreement for any breach by CCCC. If the City intends to terminate this Agreement, notice shall be provided in writing to CCCC no less than twenty-four (24) hours prior to the effective date of the termination. The City's failure to terminate or suspend a CCCC for past breaches of this Agreement shall not be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. In addition, CCCC and the City may each terminate this contract with or without cause provided that CCCC or City shall give sixty (60) days notice in writing to City or CCCC. The City shall reimburse CCCC for all monies CCCC has expended up to and including the effective date of the termination and CCCC shall do the same. 14. Venue/Laws. This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 15. Entire Agreement. This Agreement along with Exhibits "A", "B" and "c" attached hereto shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understanding and agreements between the parties with respect to such maters are merged into this Agreement, which alone fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. 16. Assignment or Transfer. This Agreement may not be assigned or transferred by CCCC in whole or part without the written consent of the City. 4 IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Legal Form: City Attorney WITNESS: COMMUNITY CHILD CARE CENTER By: Signature Nancy Hurd, Executive Director Print Name Signature Print Name 5 Vi <> .- Cr {~ If) - o ~ Gl m 0.. w ~. 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",0> o.!!! 0= "'_>1 ~ c: .!!!o .<:: 0 o m a." .,lD E!~ lL_ l'! c:- c: .. >.0 u: _I g~ E- E 01 ..w .., - c:Q. m tOl ~.... -'f ~~ ~ . 0<') ~.... ..~ .<::<') -'If' E(f) ,gO ..,0 ..0 - I 0.0 ~CJ) <(0 EXIllBIT "B" l-Current& Proposed Operating Expense 2 - Salary & Fringe Preparation . 3 - Salary & Fringe Preparation Narrative 4 - Source of Revenue 5 -.8ource.of Revenue Narrative ~ Exhibit B1 BEACON CENTER AT VILLAGE ACADEMY [- 475] CURRENT & PROPOSED OPERATING BUDGET (ROUND NUMBERS UP TO THE NEAREST DOLLAR) (1) (2) (3) (4) (5) (6) ACCn TITLE 04-05 05-00 04-05 05-06 PROG. PROG. % % BUDG. BUDG. CHG. ALLOC. ALLOC. .CHG. Salary Accounts: 569.120 Regular Salaries and Wages $0 $0 0% $0 $0 0% Total Salary : $0 $0 0% $0 $0 0% Fringe Accounts: 569.210 FICA $0 $0 0% $0 $0 0% 569.220 Retirement Contributions $0 $0 0% $0 $0 0% 569.230 Ufe and Heatth Insurance $0 $0 0% $0 $0 0% . 569.240 Workers Compensation $0 $0 0% $0 $0 0% 569.250 Unemployment Compensation $0 $0 0% $0 $0 0% Total Fringe: $0 $0 0% $0 $0 0% Operating Expense Accounts: 600.101 TraveVTransportation $0 $0 0% $0 $0 0"" 600.102 ConferenceslRegistrationfrravel $0 $0 0% $0 $0 0% 600.301 Telephone $0 $0 0% $0 $0 0% 600.302 Postage & Shipping $0 $0 0% $0 $0 0% 600.303 Utinies (PowerIWater/Gas) $0 $0 0% $0 $0 0"" 600.401 Office Supplies $0 $0 0% $0 $0 0% 600.402 Program Supplies $0 $0 0% $0 $0 0% 600.403 Printing $0 $0 0% $0 $0 0% 600.601 Professional Fees $0 $0 0% $0 $0 0% Agency: City of Delray Beach Contract: 05-475 Page 1 Of 2 08t22lO5 2:33:36 PM Status: Approved (1) (2) (3) (4) (5) (6) 04-1l5 05-1l6 04-1l5 05-06 ACCT# mlE PROG. PROG. % % . BUDG. BUDG. CHG. AllOC. AllOC. CHG. 600.602 Insurance $0 $0 0% $0 $0 0% 600.603 Building Maintenance $0 $0 0% $0 $0 0% 600.604 Equipment RentaVMaintenance $0 $0 0% $0 $0 0% 600.605 SpecifIC Assistance to Individuals $0 $0 0% $0 $0 0% 600.606 Dues & Subscription $0 $0 O"k $0 $0 0% 600.607 Training & Development $0 $0 0% $0 $0 0% 600.608 Awards & Grants $0 $1,159,672 100% $0 $795,547 100% 600.609 Sponsored Events $0 $0 0% $0 $0 0% 600.610 Payments to Affiliated Organizations $0 $0 0% $0 $0 0% 600.611 Miscellaneous $0 $0 0% $0 $0 0% 600.201 BuDding SpacelRenl $0 $0 0% $0 $0 0% 600.501 Food Service $0 $0 0% $0 $0 0% 600.701 Indirect Cost $0 $0 0% $0 $0 0% 600.801 Capital Expenses (Equipment) $0 $0 0% $0 $0 0% Total Operating Expense: $0 $1,159,672 100% $0 $795,547 100% Total Program Expenses: $0 $1,159,672 100% $0 $795,547 100% Agency: City of Delray Beach Contract: 05-475 Page 2 Of 2 08122105 2:33:36 PM Status: Approved I New I New Agency: City of Delray Beach Contract: 05-475 Exhibit B2 BEACON CENTER AT VILLAGE ACADEMY [- 475] SALARY AND FRINGE PREPARATION FISCAL YEAR 05-06 I 0% 1 I TOTALS I $01 $01 $01 $0 I $01 $0 I '% TIme Gross Salary In Fringe In Request For Request For Salary . Position Employee In Salary Program Program Salary Fringe FundIng % 05-06 05-D6 05-06 05-06 05-06 Page 1 Of 1 $01 $0 I $0 I o.~kl $0 I 0.00% I 08f22t05 2:33:36 PM Status: Approved Exhibit B3 BEACON CENTER AT VILLAGE ACADEMY [- 475] SALARY AND FRINGE PREPARATION NARRATIVE FISCAL YEAR 05-06 ACCOUNT # ACCOUNT NAME DERIVATION OF FIGURES AND JUSTIFICATION OF INCREASElDECREASE OR OTHER EXPLANATION AS NEEDED LINE ITEM $ AMOUNT PERCENT INCREASE! DECREASE 569.120 Regular Salaries and $0 0% Wages 569.210 FICA $0 0% 569.220 Retirement $0 0% Contributions 569.230 ute and Health $0 0% Insurance 569.240 Workers Compensation $0 0% 569.250 Unemployment $0 0% Compensation Agency, City of Delray Beach Contract: 05-475 Page 1 01 3 08I22t05 2:33:36 PM Status: Approved .' ACCOUNT # ACCOUNT NAME DERIVATION OF FIGURES AND JUSTIFICATION OF INCREASEtDECREASE OR OTHER EXPLANATION AS NEEDED LINE ITEM $ AMOUNT PERCENT INCREASE! DECREASE Agency: City of Delray Beach Contract: 05-475 Page 2 Of 3 08J22t05 2:33:36 PM Status: Approved DERIVATION OF FIGURES AND UNE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE! ACCOUNT # ACCOUNT NAME INCREASEtDECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 600.605 Specific Assistance to $0 0% Individuals Original Budget Calculation =O-tO 600.606 Dues & Subscription $0 0",(, Original. Budget Calculation =0+0 600.607 Training & Development $0 0% Original Budget Calculation =0+0 600.606 Awards & Grants $1,159,672 100% 811012005811012005811012005 811012005 811012005 811012005811012005811012005 8110/2005 8110/2005 CCMO's share is $171247 for social services; Community ChDd Care Cente(s share is $624300 for comprehensive wrap around programs for extended day services for students and families. Original Budget Calculation =624300+171247+364125 600.609 Sponsored Events $0 0% Original Budget Calculation =0+0 600.610 Payments to Affiliated $0 0% Organizations Original Budget Calculation =0+0 600.611 Miscellaneous $0 0% Original Budget Calculation =O-tO 600.201 BuDding SpacelRent $0 0% Original Budget Calculation =0+0 600.501 Food Service $0 0% Original Budget Calculation =0+0 600.701 Indirect Cost $0 0% Original Budget Calculation =O-tO 600.801 Capllal Expenses $0 0% (Equipment) Original Budget Calculation =0+0 Agency: City of Delray Beach Contract: 05-475 Page 3 Of 3 08I22t05 2:33:36 PM Status: Approved Exhibit B4 Beacon Center at Village Academy [- 475] SOURCES OF REVENUE 03-04 04-05 04-05 04-05 05-06 05-06 05-06 Percent Funder Type/Funder Total Budget Amend Total Budget Amend Total Increase! Decrease Government City of Delray Beach $0 $0 $0 $0 $80,125 $0 $80.125 100% Deparlment of Education $0 $0 $0 $0 $44,000 $0 $44,000 100% $0 $0 $0 $0 $124.125 $0 $124,125 100% Non-CSC Partlclpant Fees $0 $0 $0 $0 $43,000 $0 $43,000 100% Un~ed Way $0 $0 $0 $0 $22,000 $0 $22,000 100% $0 $0 $0 $0 $65,000 $0 $65,000 100% Other PriVate Foundations $0 $0 $0 $0 $175,000 $0 $175,000 100% $0 $0 $0 $0 $175,000 $0 $175,000 100% Grand Total $0 $0 $0 $0 $364,125 $0 $364,125 11lO"k FY 05-06 Totals Total Program Revenue $1,159,672 Total Program Budget $1,159,672 Difference $0 Total CSC Allocation $795,547 Agency: City of Delray Beach Contract: 05-475 Page 1 Of 1 08l22t05 2:33:36 PM Status: Approved Exhibit B5 Beacon Center at Village Academy [- 475] SOURCES OF REVENUE NARRATIVE FunderTypeIFunder Narrative FY 05-06 Total Government City 01 Delray Beach Department of Education Non-<;SC Participant Fees United Way Other Private Foundations Agency: City of Del ray Beach Contract: 05-475 $80,125 $44,000 $43,000 $22,000 $175,000 Page 1 01 1 City support for sponsored events Century 21 awarded from Palm Beach Cty School Cist Parent fees annual allocation sum total from 2 private foundation for staff position and other operating costs lIB122t05 2:33:36 PM Slatus: Approved EXHIBIT "e" Budget SUinmary Form BUDGET SUMMARY FORM 2005-2006 Agency Name: City of Del ray Beach Agency Funded by CSC Since: Aug-04 Program Name: Beacon Center at Village Academy Program Funded by CSC Since: Aug-04 Total Clients (Program) Select 1 Capacity Children 450 Families: Employees Funded by CSC (FTE) 11.00 2004-2005 BUDGET 2005-2006 BUDGET $ CHANGE PROGRAM CSC Funds Total Pro ram Bud et CSC % of Program Budget AGENCY T olal Agency Budget Total CSC Funds (Agency) CSC % of Agency Budget $ 766,676.00 $ 766,676.00 100.00% $ 795,547.00 $ 795,547.00 100.00% $ 147,689,410.00 $ $ 766,676.00 $ 0.52% 150,795,547.00 795,547.00 0.53% CSC Cost per Client (Capacity, Children, Family) Instructions 1 Complete agency and program name and indicate date when CSC first funded each. 2 Give number of clients to be served by the CSC funded program by selecting only one of either capacity or children or families. 3 Complete FTE's funded by CSC by adding percent of funded positions (whole or part) as noted in column 8 of Form A-1. Note 100%=1 FTE. 4 Complete other fiscal information for your program and agency giving comparison with previous year, dollar change and percentage change. 5 Leave section "For CSC Use Only" blank $1,767.88 EXIDBIT "D" Conditions of Award CONTRACT: 05-475 AGENCY: City of Delray Beach - Parks & Recreation PROGRAM: Beacon Center at Village Academy CONDITIONS OF AWARD I. PROGRAMMATIC A. Issues or infonnation to be furnished or resolved within sixty (GO) days of execution of contract: N/A B. Conditions to be observed throughout contract: 1. A designated Provider representative(s} must attend and participate in all appropriate scheduled provider meetings held by the Council and/or staff. 2. Programs will make every effort to obtain staff that has the cultural competency and language skills to work successfully in the community with the population being served. 3. Representatives of all programs receiving funding through the Council will attend monthly meetings of the Palm Beach County Out-of-School Consortium. 4. All staff funded through the Council who have direct contact with children must complete ten (10) hours of annual in-service training in developmentally appropriate practices. This training is not inclusive of First Aid and CPR courses. 5. All programs must participate in training concerning special needs children as offered through the Inclusion Project. 6. At least one (1) adult on location or site must hold a current first aid certification evidenced by a valid card in a Red Cross standard first aid course or a comparable course, and at least one (1) adult must hold current certification evidenced by a valid card in child and adult cardiopulmonary resuscitation. At least one (1) adult with each or both qualifications shall be present at all times that children are in the care of the program whether such children are on site, on a field trip, or being transported. 7. Provider will become an active member of its Family and Community Partnership by participation in quarterly meetings and other community meetings. 8. Directors of Beacons Centers are responsible for submitting monthly reports to the appropriate program specialist by the date specified. (I.e., monthly utilization reports, monthly calendars for the next month and monthly narratives by the fifth of every month.) 9. Each Beacon Center will recruit. maintain and support a Community Advisory Council which is representative of the school community including a majority of CSC_DOCS-#37988-vl-Merged_ COA_- _Beacon_ Centers_05-06.DOC parents and youth and is consulted at least quarterly about programs existing within the Beacon and additional projects and community needs. 10. Each Beacon Center will obtain and share with CSC, Letters of Agreement (LOA), or Memorandum of Understanding (MOU) with the school, and all co-located programs. (i.e. FCP, Boy and Girls Scouts, Parenting Center, etc.) 11. Based on the law and/or best practices, volunteers must be screened, trained, and receive ongoing supervision by qualifies professionals. 12. Providers receiving funding from the Council will have a disaster/evaCuation plan in place to protect staff and property, and to ensure the program's ability to continue essential function for the community. 13. Provider will notify CSC of any changes that affect the provision of the services, such as changes in personnel. 14. Providers will comply with the Council's Agency Administration and Governance and Nepotism policies. 15. All staff working in Council funded programs will follow the child abuse requirements under Florida law. CSC _D0CS-#37988-v1-Merged_ COA_- _Beacoo_ Cenlers_05-06.00c II. FISCAL A. Issues or infonnation to be furnished or resolved within sixty (60) days of execution of contract. N/A B. Conditions to be observed throughout contract. 1. The provider agrees to notify esc of any anticipated cash shortages within 24 hours of receipt of that information. 2. If any fees are generated by the Council's funded program in excess of the amount budgeted, the Provider will notify the Council staff of the excess revenues and plans to expend such fees. The Provider agrees to prioritize the use of excess fees in the following order: a. Increase the number of clients attending the program within licensed capacity. b. Purchase those items which would be considered "enhancements' to the service being provided in order to improve the quality of the program. c. Reduce the Council's funding by the amount of the excess fees received. 3. All fees generated by the Council funded program will be recorded in a separate revenue account. CSC_DOCS-#37988-v1-Merge'CCO^---_Beacon_ CentelS_05-06.DOC III. ADMINISTRATIVE The following special conditions are to be observed throughout the contract: 1. Provider agrees to verify and submit updated information twice yearly to the community health and human services agency/program database managed by The Center for Information & Crisis Services. 2. Provider will conduct an agency-wide self-assessment in collaboration with the Agency Certification Initiative using the Agency Certification Tool and implement the necessary quality improvement steps in preparation for the agency certification process. 3. Provider will authorize the Agency Certification Initiative to share the results of the Agency Certification Tool and any reports generated from consequent technical assistance, with the Children's Services Council. CSC_DOCS-#37986-v1-Merge<C COA_- _Beacoo_ Centers 05-06.DOC Date: October 20, 2005 Agenda Item No. C\.e AGENDA REOUEST Agenda request to be placed on: _X_Regular _ Special _ Workshop Consent When: October 25, 2005 Description of Agenda Item: Approval of Agreements Between the City and Community Child Care Center and Children's Case Management Organization for Beacon Center Services Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~!~ - Citv Attornev ReviewIRecommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: (if applicable) Citv Manager Review: Approved for agenda:@/ No Hold Until: tr'M d C d. . 'I Agen a oor mator ReVIew: . (.h:i:~. ,() l<c,~ --y;L ( .~~\ !'I (\__. '7. -- -;tL C'f.Ph -,~ , v'~~ Received: Action: Approved / Disapproved MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # q~ - REGULAR MEETING OF OCTOBER 25. 2005 OLD SCHOOL SOUARE PARKING GARAGE CM AT RISK CONTRACT SUBJECT: DATE: OCTOBER 21, 2005 lbis item is before the Commission to consider approval of the Selection Committee's rankings of the Request For Proposals (RFP's) for the Old School Square Parking Garage CM At Risk and authorize staff to proceed with contract negotiations with the top ranked firm, Catalfumo Construction, Ltd. On September 22, 2005, the closing date for submittals, packages were received from the following firms: . Kaufman Lynn General Contractors . Bluewater Builders, Inc. . Catalfumo Construction, Ltd. . Roepnack Construction . Stiles Construction Co. . Suffolk Construction Co., Inc. A seven member project review committee performed individual evaluations of the six (6) responses, scoring each response according to Phase I Evaluation and Scoring Criteria. Based on the criteria, comparative rankings were established for the respondents. Overall rankings were calculated using individual raters' ranking data with the following results: 1. Stiles Construction Co. 2. Catalfumo Construction, Ltd. 3. Suffolk Construction Co., Inc. 4. Bluewater Builders, Inc. 5. Kaufman Lynn General Contractors 6. Roepnack Construction A short list of respondents, limited to the top three (3) ranked firms, was prepared. According to Phase II evaluation procedures, the three (3) respondents made presentations to the evaluation committee on October 11, 2005. The firms were ranked based on the Phase II Evaluation Criteria with the following overall rankings: 1. Catalfumo Construction, Ltd. 2. Suffolk Construction Co., Inc. 3. Stiles Construction Co. Phase I and II Ranking Criteria, as well as, overall ranking sheets for both evaluation phases are attached. Based on Phase II ranking results, staff requests that Commission accept the rankings of the RFP Respondents as presented and authorize staff to enter into negotiations with Catalfumo Construction, Ltd., the top ranked firm, for construction management fees for pre-construction services for the Old School Square Parking Garage. S:\City Clerk\ agenda fT\l..mos\CM at Risk Contract ass Catalfumo 102505 fA City Of Delray Beach Department of Environmental Services M E M o R A N D u M www.mydelraybeach.com FROM: David T. Harden, City Manager OeJ:!t>" Richard C. Hasko, P.E., Environmental Services Director~ TO: SUBJECT: OLD SCHOOL SQUARE PARKING GARAGE CM AT RISK CONTRACT DATE: October 12, 2005 On September 22, 2005, the advertised submittal closing date for the Old School Square Parking Garage CM at Risk RFP, we received a total of six (6) responses. Packages were received from the following firms: . Kaufman Lynn General Contractors . Bluewater Builders, Inc. . Catalfumo Construction, Ltd. . Roepnack Construction . Stiles Construction Co. . Suffolk Construction Co., Inc. Following procedures adopted by Commission, a seven member project review committee performed individual evaluations of the six responses, scoring each response according to Phase I Evaluation and Scoring criteria. Comparative rankings were established for the respondents based on that criteria. Overall rankings were calculated using individual raters' ranking data with results as follows: 1. Stiles Construction Co. 2. Catalfumo Construction, Ltd. 3. Suffolk Construction Co., Inc 4. Bluewater Builders, Inc. 5. Kaufmann Lynn General Contractors 6. Roepnack Construction A short list of respondents limited to the top three ranked firms was prepared. According to Phase II evaluation procedures, presentations were made by those respondents to the evaluation committee on October II, 2005. The firms were ranked based on the Phase II evaluation criteria and final overall rankings were as follows: I. Catalfumo Construction, Ltd. 2. Suffolk Construction Co., Inc. 3. Stiles Construction Co. Phase I and II ranking criteria as well as overall ranking sheets for both evaluation phases are attached. On the basis of the Phase II ranking results, staff requests Commission accept the rankings of the RFP Respondents as presented and authorize staff to enter into negotiations with Catalfumo Construction, Ltd., the top ranked firm, for construction management fees for pre-construction services for the Old School Square Parking Garage. Please place this item on the October 18, 2005 Special Meeting Agenda for consideration by Commission. Cc: Bob Barcinski, Assistant City Manager Diane Colonna, Executive Director, CRA City of Delray Beach PROPOSAL RECEIVED 09/22/2005 AT 3:00 P.M. DELRAY BEACH f L 0 . IDA ***** REQUEST FOR PROPROSAL AlI......an '1111. 1993 2001 OLD SCHOOL SQUARE PARKING GARAGE MANAGER AT RISK RFP #: 2005-44 BLUEW ATER BUILDERS, INe. 450 Fairway Drive, Suite 207 Deerfield Beach, Florida 33441 Bruce Roberts Ph. (954) 698-0290 Fax (954) 698-1003 CATALFUMO CONSTRUCTION, LTD 4300 Catalfumo Way Palm Beach Gardens, Florida 33410 Daniel S. Catalfumo Ph. (561) 694-3000 Fax (561) 691-5280 KAUFMAN LYNN INC. 622 Banyan Trail, Suite 300 Boca Raton, Florida 33431 Michael Kaufman Ph. (561) 361-6700 Fax (561) 361-6979 ROEPNACK CORPORATION 3195 N. Powerline Road, Suite 100 Pompano Beach, Florida 33069 David H. Roepnack Ph. (954) 691-2400 Fax (954) 691-2401 STILES CONSTRUCTION CO. 300 S.E. 2nd Street Fort Lauderdale, Florida 33301 Timothy O. Moore Ph. (954) 627-9150 Fax (954) 627-9174 SUFFOLK CONSTRUCTION CO. INe. 515 N. Flagler Drive, 5th Floor West Palm Beach, Florida 33401 Rex B. Kirby Ph. (561) 832-1616 Fax (561) 832-6775 Purchasing Division 100 N.W.1" Ave., Delray Beach, FL 33444 561-243-7161,561-243-7163 PHASE I EVALUATION MATERIALS a. The Selection Committee will review and score each proposal. A minimum of three top ranked proposers will be short-listed and invited to interview with the Selection Committee. Proposers will be notified in writing if their firm has been qualified for Phase II of the evaluation and selection process. b. The second phase of the evaluation and selection will only be for the Proposers who are selected from the first phase of the evaluation. The short-listed firm's interview will consist of a presentation to the Selection Committee followed by a question and answer period. 3. Each category will be scored and when the scores awarded for all categories are totaled, the scores will be tabulated and added to achieve the Total Points awarded to each firm. The Total Points awarded to each firm will be ranked 1,2,3,4, etc. with the highest point total ranked 1, the next highest points total ranked 2, etc. The ranking of each firm will be tabulated from each Committee Member and combined with other Committee Members to determine the total score for the firm. E. SCORING CRITERIA FOR SUBMITTALS - PHASE 1 (SHORT LIST PROCESS) The Scoring Criteria is made up of the categories that collectively represent a Grand Total Point Value of 100 points, as described herein. The points indicated below as "Points Possible" are the maximum that can be allocated for each category. The point value shall be the basis of establishing a finalist list of the top ranking proposals. EVALUATION CATEGORIES POINTS POSSIBLE 1. 2. 3. 4. Related Building Experience Pre-Construction Services Staff Construction Services Staff Location of Offices 40 25 25 10 100 POINTS GRAND TOTAL OF POINTS 1. CATEGORY 1 Related Building Experience 40 Points Possible Scoring Criteria Major consideration will be given to the successful completion of projects comparable in design, type, and scope, the recommendation of previous Owners and Architects, and other similar factors. 2. CATEGORY 2 Pre-construction Services Staff 25 Points Possible Scoring Criteria Consideration will be given to the general and specified project related capability of the proposer's office staff including the adequate depth and abilities of the organization which it can draw upon as needed. This will include management, technical and support staff. RFP - 7 3. CATEGORY 3 Construction Services Staff 25 Points Possible Scoring Criteria Evaluation of the ability and experience of the proposed construction services staff with specific attention to project related experience. 4. CATEGORY 4 Location of Offices 10 Points Possible Scoring Criteria t Points will be awarded primarily for the closeness of the firm's office to the project site which will have direct responsibility for this project with adjustments for other offices involved with project. l . ~ A. SCORING CRITERIA FOR SHORT LISTED PROPOSERS - PHASE 2 (FINAL SELECTION) The second phase shall consist of an interview/presentation by each finalist in an effort to further understand the proposals and qualification of the proposing firm. All finalists shall be considered in equal standing at the beginning of Phase II. Using the information presented in the firm's written Proposal, finalists will be expected to address the following: 1. Qualifications of the Firm: The firm will be expected to demonstrate its experience with projects similar in size, scope and complexity with emphasis on the construction management process. The firm should share its experiences bringing innovative and creative input to past projects. 2. Proposed Project Staff and Functions: The firm shall name the actual Project Manager, Superintendent, and other key staff to be assigned to this project, describe their ability and experience and indicate the function of each within their organization and their proposed role on this project. The Project Manager and Superintendent shall be present at the time of the interview. 3. Comprehensive Project Management Services: The firm shall indicate knowledge and experience in the evaluation of building systems and construction techniques to create an optimum value in the design and budget requirements. The firm should demonstrate its approach and plan for performing this project describing the services to be provided including its method to competitively bid the subcontracts and to establish a GMP and its cost reporting methods. 4. Knowledge of Local Conditions: The firm shall demonstrate its knowledge of the site, local codes and ordinances, local subcontractors, and local suppliers as an indication of its ability to control the work and deliver quality workmanship in an effective and timely manner. The Scoring Criteria is made up of the four (4) Categories that collectively represent a Total Point Value of 100 points. The total points for each Proposer will be the basis to determine the Top Ranking Proposer. RFP-8 ~ ~ ~ rL1 Ii! ~ <"" ~ u tS ~ " I ~ 01 rL1 ~ o o == U rL1 Q ~ o ~ .8 g ~ ~ oj ~ ;; .E Ci 0 .. ci" 0 U ~ ei U = oj <il = 0 0 .E '6 U '.p = ,~ l) .. 0) 0 '5 ~- 5 I~ = B ,~ B 0 '5 " ~ .~ ~ B '"0 '5 '" - ! ~ 0 = '5 '" '" 0 u = u co = 0 0 -tl l) 0 ] U d a u ~ '" '" <il @ ~ ~ Jj ~ d ;:l ~ ,~ ;:l 0 as ~ u ~ '" '" - '" <'"l "<T .,., '0 " ... - '" '" .,. '" ~ '" .... 0 '5 ~ ~ oj ~ = :!2 .E = 0 .. U <>: =- ei oj ] = ;; ei 0 u .E 0 ,~ ~ U '5 = '.p .. 0 ~ 5 0) ~ = ~ 0 0 '.p " ~ I~ '~ 0) ~ = B 13 = 1:: 0 '" '5 0 0 u = co u '" '" 0 = 0 l) -tl 0 ] u a u ~ d '" '" <il @ ~ Jj ~ 0) lil - d ,~ ;:l as ~ ~ u ~ '" '" 11. LL D:: .ll: 1/1 ii2 - IV ::E o G) 01 l! IV C) 01 r:: :iiii ... IV 11. l!! IV :::J tT rJ) '0 o .r:: (,) rJ) "C 6 ::;..Ili .. '" ~~ o I.()~N\O-("I') ! " ~; .- '" ~'" '; '" " ;;;lr)V)~("I')_N = ~ \Or---~l()OOO __M_oo:::t"N = o '" ~Moo::t-\ON-q- < ..Ili '" t ~5'VlI')N\O-('f') ..." ~ """ ; .... UI!\offi-V'lC"l'<:t 00 = "iii'" -6::2 os: rI.l .~ '" "O.-("I')\O("I')l()-N '" ::: ... = ~ = '" = <:>\Ooo::tNtr)-t11 "S U ~ ~\oI.()Noo::t-("f') == ~ ~ d .,,; o .:1 B U _ ... - rJ s:: s:: ~ l':l.s ,0 0 0 u 0) _B'.pUd !i ~ ;::l g S ,g o ..., -1il :> ';:l '" 5'5sgg~ 5~UU-1ild ;j E ~ -tl S 8 = "'<s"'U:S <!:l ~ - 51 '" 0 ;:l 0) .5 o-..!l!t:i .tq .a <<s 0 '+=I ;:::s ;.;~u~oo'" oj .s o 11. LL D:: .ll: 1/1 ii2 - IV ::E o G) Cl l! IV C) Cl r:: :iiii ... IV 11. f IV ::I C" tn '0 o .r:: u tn 't'l 6 'E = .. Vl Vl '" ... Vl ... ;; '0 '0 r- oo '" 00 .. ~ := Q '" 0 '0 '0 ... 00 '0 = Q r- '0 '" Vl 00 '0 .. -< '" -= ~ ;e Vl r- r- '0 <'"l 0 51 r- '0 00 '0 '" 00 >. ~ =:i .. '0 .. .. 8 ~ Vl '" 00 <'"l N 00 '0 00 '" 00 '" 00 '" .. -; '" = ;;;! '0 ';: '" := 00 <'"l 00 Vl N 0 :e; .~ ... 00 00 00 00 '" '" = .... .... .. =:i .. = = '" ~ '" 0 r- oo Q '0 r- oo r- oo r- ~ Q U ~ 0 Vl 0 r- '0 r- '" .. Vl Vl r- Vl r- '0 == -;ll '" '0 0 00 ... ... '= .s 00 '" 0 '" '" Vl ...:, "<T ... '0 ... '0 Vl ~ -;~ .. = '0 Vl N ... ~ <'"l .. .. >~ 0 ~ - I ...,; ~ ;S e u 8 0 .. ] ] s:: ~ 0 u '.p 0 u s:: ~- u ';:l .~ E 0) .~ 0) E " - :s! u ] '" en ~ E 'S 15 s:: 0 @ ~ u U en .... ] 15 a 0) .... u - u '" '" u ~ Jj ~ "3 e en @ ~ 0) .a '" ~ ~ ;:l ~ u '" </J City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M lVWw.mydelraybeach.com TO: All RFP Respondents via FAX FROM: Richard C, Hasko, P,E" Environmental Services Director SUBJECT: OLD SCHOOL SQUARE PARKING GARAGE CM AT RISK RFP DATE: October 12,2005 A meeting of the evaluation committee for the subject project was convened on October 5,2005 at 10 AM in the City Hall First Floor Conference Room to announce the results of the Phase I evalutions of responses received for the Old School Square Parking Garage CM at Risk RFP, and establish a short list of respondents that will be invited to make presentations to the committee for the Phase II selection process, Overall rankings were established as follows: I, Stiles Construction Co, 2, Catalfumo Construction, Ltd, 3, Suffolk Construction Co" Inc, 4, Bluewater Builders, Inc, 5, Kaufman Lynn General Contractors 6, Roepnack Construction The short list of respondents for Phase II presentations was limited to the top three ranked firms with presentations scheduled as follows: Tuesday, October 11, 2005, City Hall First Floor Conference Room Suffolk Construction Catalfumo Construction Stiles Construction 1:30PM 2:15 PM 3:00 PM Presentations will be limited to 20 minutes with a 10 to 15 minute question/answer period, A projector will be available for PowerPoint presentations, Respondents must bring all other equipment and materials required for their presentation, For questions or comments, please contact Richard C, Hasko, P,E" Environmental Services Director, City Of Delray Beach, at (561) 243-7336 or hasko(aJ,ci,delray-beach,f] ,us, PHASE II EVALUATION MATERIALS 3, CATEGORY 3 Construction Services Staff 25 Points Possible Scoring Criteria Evaluation of the ability and experience of the proposed construction services staff with specific attention to project related experience, 4, CATEGORY 4 Location of Offices 10 Points Possible Scoring Criteria Points will be awarded primarily for the closeness of the firm's office to the project site which will have direct responsibility for this project with adjustments for other offices involved with ro'ect. A. SCORING CRITER/A FOR SHORT LISTED PROPOSERS - PHASE 2 (FINAL SELECTION) The second phase shall consist of an interview/presentation by each finalist in an effort to further understand the proposals and qualification of the proposing firm, All finalists shall be considered in equal standing at the beginning of Phase II. Using the information presented in the firm's written Proposal, finalists will be expected to address the following: 1, Qualifications of the Firm: The firm will be expected to demonstrate its experience with projects similar in size, scope and complexity with emphasis on the construction management process, The firm should share its experiences bringing innovative and creative input to past projects, 2, Proposed Project Staff and Functions: The firm shall name the actual Project Manager, Superintendent, and other key staff to be assigned to this project, describe their ability and experience and indicate the function of each within their organization and their proposed role on this project, The Project Manager and Superintendent shall be present at the time of the interview, 3. Comprehensive Project Management Services: The firm shall indicate knowledge and experience in the evaluation of building systems and construction techniques to create an optimum value in the design and budget requirements, The firm should demonstrate its approach and plan for performing this project describing the services to be provided including its method to competitively bid the subcontracts and to establish a GMP and its cost reporting methods, 4, Knowledge of Local Conditions: The firm shall demonstrate its knowledge of the site, local codes and ordinances, local subcontractors, and local suppliers as an indication of its ability to control the work and deliver quality workmanship in an effective and timely manner, The Scoring Criteria is made up of the four (4) Categories that collectively represent a Total Point Value of 100 points, The total points for each Proposer will be the basis to determine the Top Ranking Proposer. RFP - 8 EVALUATION CATEGORIES POINTS POSSIBLE 1, 2. 3, 4, Qualifications of the Firm Proposed Project Staff and Functions Comprehensive Project Management Services Knowledge of Local Conditions 40 25 25 10 100 POINTS GRAND TOTAL OF POINTS SCORING CRITERIA a, CATEGORY 1 - Qualifications of the Firm 40 Points Possible ~ The firm's experience in similar projects utilizing the Construction Management process and other successful related CM projects will be scored. Recommendations from previous Owners and Architects will be evaluated, .. Litigation history will be considered, b, CATEGORY 2 - Proposed Project Staff and Functions 25 Points Possible The Project Management team's experience with similar projects and with public projects, and Construction Management experience, Recommendations from previous Owners and Architects will be evaluated. c, CATEGORY 3 - Comprehensive Project Management Services 25 Points Possible The ability and history of the firm and its staff to deliver projects using effective management tools and techniques will be evaluated, The firm's scheduling system and cost control system will be evaluated including methods for assuring subcontractors adherence to schedule. A comparison of the firm's project profile should indicate their ability to hold to original schedules and budgets, The firm's approach to establishing a Guaranteed Maximum Price along with methods of Cost Control and Reporting Systems used will be scored, The firm should offer an assessment of the established budget for construction. d, CATEGORY 4 - Knowledge ofLocaI Conditions 10 Points Possible , The firms should demonstrate their knowledge of the local construction environment as an indication of their ability to deliver a quality product in an , effective and timely manner, , G, AWARD OF CONTRACT RFP - 9 tS ~ " z Z 0 ~~E:: <~~ ~~~ ~;~ ~~~ 01<= rL1~~ su~ o ~ == U rL1 9 o .!l :! o .. ;; ;!d I':: = .. =~Uo 1:: u 1:1 U J] E:2l = ~ u 0 :: e ~ a 1: E Q g 1;: E u a: ~:su :! ~ II GiS = ~ Ur.tJr.tJ - '" '" - '" '" ~ ~ ~ < ;; , ~ 0 .. u ... = 0 o 0 u ' ='ll=8 1:: E,g = Q t: :; .S! 008..1: U 1;l E o g 1;; E! u g ~~u 3 ~ II <<I ::::I;: . tS ~ " z Z 0 ~~~ Q..~~ ~;~ ;;J~"" 01<.... ~~~ ...:lU< o == o Q.. == U ~ ~ ...:l o = ... e = ~ - N 6 ~ ." :l .. 1'0 ~ N 00 :; 0 1l u i:t '" ::: .. .... '" N ~ - .. = .. = = co '" := N - ~ co .. < ~ "ilS - N N ~'" '" "'"" ~ .... ~~ '" - N - .. ~'" ." '~ :r2 =g ra ~ .~ "'_N .. .. .. = .. = = co N _ '" - co U ~ '" '" - N .. == E ~ Ii: .; U d = a u== u 0 = ::I ~ ~ b f;,I t"l ;g ::I ~ 0 J: U ; ~ 0 0 g e u u,a... :;'3~ ia CIII = "'u'" tS ~ ~ ~ z Z 0 ~~E:: <~~ ~~~ ~~~ :;;J~"" 0'<.... oo~~ su~ o ~ = u 00 Q ...;I o e " ... rl 0"" oo oo t- OO = .. l:Q = CO "' = - oo 0 e a. a. a. -< ~ ~ - ll:= - a. a. a. .s(J j, "'oc ~ .. o~ o ~ 0 ~ .. oo a. a. ~rLJ ." '~ :; :;; = ~ ~ .~ N- t- !: oo a. oo ~ .. = = "'''' N CO - oo a. oo CO U ~ .,. t- 0 "' .. ~oot- := ] ~ 1l ~ '" oo 0 ;e t- '" a. .. ~ ~ ~ 01 '" ~ . '" - N 5 ~ E ~ ;;:: .; u = .; c5 e U U'" u . = =' ~ ~ b ~ y ;; .6 .6 a IS ~ 0 0 g e u u,a'" !iiS ~ CII = "'u'" MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER M AGENDA ITEM # q 'G, - REGULAR MEETING OF OCTOBER 25. 2005 FLORIDA LEAGUE OF CITIES. INC.lFLORIDA CITIES OF EXCELLENCEAWARDSBANOUET TO: SUBJECT: DATE: OCTOBER 21, 2005 This is before Commission to consider whether to purchase a table in the amount of $750,00 at the Florida League of Cities' Florida Cities of Excellence Awards Banquet to be held on November 18, 2005 in Orlando, Florida, Funding is available from 001-1111-511-48,10 (General Fund/Commission Special Event Contingency Fund), Recommend consideration of purchasing a table in the amount of $750,00 at the Florida League of Cities' Florida Cities of Excellence Awards Banquet to be held on November 18, 2005 in Orlando, Florida, S:\City Clcrk\agcnda memos\CM FLA League Banquet102505 - ~* w7 lofT ~ FLORIDA LEAGUE OF CITIES, INC. 301 South Bronough Street, Suite 300 . P,O, Box 1757 . Tallahassee, FL 32302-1757 (850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Web site: www.flcities,com October 18, 2005 Mr, David Harden City of Delray Beach 100N,W, 1st Avenue Delray Beach, FL 33444- Dear Mr, Harden: Congratulations! You have been selected as a finalist for the City Manager ofthe Year in the "Florida Cities of Excellence Awards" program, You should be very proud of this honor, Eight finalists were selected for this category, and a winner will be selected by the League's Executive Committee and announced at the Awards Banquet on Friday, November 18, 2005, at the Hyatt Regency Airport Hotel in Orlando, An order form is enclosed for you to fill out and return to the League, You will receive two complimentary banquet tickets, and can arrange for additional tickets ifneeded, In addition, please see the attached check-offlist of some items that the League will need from you. We've also enclosed a sample press release that you can personalize for use with your local media, On behalf of the League's Board of Directors, I want to congratulate you on this honor and invite you to attend the Awards Banquet. We are very excited about the awards program and hope it will shine a statewide spotlight on the many outstanding public servants and municipal programs in our cities, towns and villages, If you have any questions regarding the award, banquet or other arrangements, please contact Beth Mulrennan or Lynn Tipton at the League's office at 1-(800) 342-8112, We hope you will be able to attend! Sincerely, @~ Julio Robaina President Council President, City of Hialeah Enclosures -- President Julio Robaina, Council President, Hialeah First Vice President Rene Flowers, Councilwoman, SI. Petersburg + Second Vice President Frank Ortis, Mayor, Pembroke Pines Executive Director Michael Sittig + General Counsel Harry Morrison, Jr. Florida League of Cities' Florida Cities of Excellence Awards Banquet Friday, November 18,2005.6:00 p.m. - 10:00 p.m. Hyatt Regency Orlando International Airport Hotel Make plans to join us for the Second Annual Florida Cities of Excellence Awards Banquet, as we honor and celebrate the exceptional achievements of Florida cities arid their leaders, During the banquet, winners will be announced for the 10 Florida Cities of Excellence Award categories, and longfime elected city officials (with 20 and more years) will be honored for their years of service. . Tickets for the banquet are $75 per person, which will include entertainment and a reception beginning at 6:00, Dinnerwill follow, . Florida Cities of Excellence Awards finalists will receive up to two complimentary tickets {for themselves and a gues~. . Years of Service honorees will receive one complimentary banquet ticket. . A"endee, may reserve a full table (10 seats) for $750, To order your tickels, please use the form below, Hotellnfonnation The Awards Banquet will be held at the Hya" Regency Orlando International Airport Hotel, located at 9300 Airport Boulevard in Orlando (see other side for map), The room rate is $114 single/double plus 11,5 percent occuponcy tax and 6.5 percent sales tax per room, The hotel must receive the first night's deposit to guarantee the reservation. Payment may be made by check or credit card. The deadline for hotel reservation requests is November 7, 2005, e- You must fill out the banquet ficket order form below and submit it with payment. Upon receipt of your ticket order form and payment, we will either <HT1ail or fax you the hotel reservation form, which you should fill out and submit directly to the hotel. The hotel will not accept phone calls for reservations, Note: Be sure to let us know either your e-mail address or fax number, For more infonnation, contact the Florida League of Cities at (850) 222-9684. FLORIDA _~~I'" - - Florid~ Cities-of Excellence-Awards BanquetTicket Order For';- please complete the infonnation below. The deadline for ticket orders is November 7, 2005. Name: Tide: City: Are you an Award Finalist or Years of Service Recipient? 0 No 0 Yes'" Name of award: Address: City: Name of Guest(s): Contact Name: Contact Fax: State: Zip: Contact Phone: E-mail: Note: If you are an Awards Finalist or Years of Service recipient, and do not need to purchase additional fickets, please fill in the total number of tickets you need below and indicate "no charge" in the total amount column, Banquet Fees Quantity Fee Paid Banquet Ticket" @ $75,00 - $ Banquet Table (10 seats)" @ $750.00 = $ Total Amount Due: $ 'Please provide a list of the names, titles and cities of each person for whom you are puchasing a ticket. Amount Enclosed: $ Card Number: Card Holder's Name: Card Holder's Signature: Special Needs: If you require special services or have special dietary needs, please a"ach a wriUen description to this order form, Ticket orders may be mailed to: A"n: Gail Dennard, Florida league of Cities, P,O, Box 1757, Tallahassee, Fl 32302 or . faxed with Visa or MasterCard to her a"ention at (850) 222-3806, The ticket order deadline is November 7, Method of Payment: o Check (poyabl'IoFloridaLeogueolG."j 0 Visa Expiration Date: Card Holder's Phone: o MasterCard Florida Cities of Excellence Awards Banquet Map to the Hyatt Regency Orlando International Airport Hotel Walt Disney World * Mount Dora ToT.....,.. , Orlando, Florida ~TOR fu.p Hyatt Regency Orlando International Airport 9300 Airpott Blvd,. Orlando, R.. 32827 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER p.I) SUBJECT: AGENDA ITEM # 9"" - REGULAR MEETING OF OCTOBER 25, 2005 APPOINTMENT TO THE CIVIL SERVICE BOARD DATE: OCTOBER 21,2005 At the regular City Commission meeting of September 20, 2005, Mr, Morris Weintraub, alternate member of the Civil Service Board was appointed to the Board of Construction Appeals creating a vacancy, This will be for an unexpired term ending July I, 2006, According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City Commission, Eligible City employees elect two (2) regular members, In addition, there are two (2) alternate members, The appointee need not be a resident, property owner or business owner within the City, The following individuals have submitted applications and would like to be considered for appointment: Gerald Franciosa Sidney Grossman (currently serving on the Public Employees Relations Commission) Jayne King Eric Luckman Patricia Westall (currently serving on the Neighborhood Advisory Council) Pursuant to Commission direction, a check to confirm that all are registered voters was completed, All are registered, A check for code violations and/or municipal liens was conducted, None were found, Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5) for an alternate member to serve an unexpired term ending July I, 2006, Recommend appointment of one (1) alternate member to the Civil Service Board for an unexpired term ending July I, 2006, CML SERVICE BOARD 09/05 TERM EXPIRES REGULAR MEMBERS CURRENT TELEPHONE OCCUPATION 07/01/2006 Emily Dobard Home: 278-9795 Ubexp Appt 06/21/05 210 NW 6'" Avenue Educator Office: 278-9795 Delray Beach, FL 33444 Cell: 573-2908 04/30/2006 Scott Pape Office: 243-7321 Elected 04/25/0'.. altemate Planning Department Rc:-e1ected 04/24/02 as alternate Re-eIect.d 04/23/03 .. alternate City of Delray Beach Planner lk-elected 04/28/04.. alternate 100 NW 1st Avenue Re-dected O4/TT /05 regula< Delray Beach, FL 33444 07/01/2006 Kristin Christensen Office: 939-6776 Appt 06/08/04 17 Northeast Sixth Street Vice President-Sales Fax: 330-6422 Delray Beach, FL 33444 Cell: 952221-5280 04/30/2006 Jennifer Reynolds, Vice Chairperson Office: 243-7192 El<cted O4/TT /05 Finance Network Engineer City of Delray Beach 100 NW 1" Avenue Delray Beach, FL 33444 04/01/2007 Larry Zalkin, Chairperson Home: 498-0740 Appt04/.s/03 7204 Francisco Bend Drive Financial Advisor Office: 653-6501 Reappt04/0s/0s Delray Beach, FL 33446 ALTERNATES 07/01/2006 Home: Unexp Vacant 04/30/2006 Rodger Ribeiro Office: 243-72561 Elected O4/TT /05 Parks & Recreation Recreation City of Delray Beach Superintendent 50 NW 1st Avenue Delray Beach, FL 33444 Contact Venice Cobb 243-7056 S/C., Cle<k/BooM O4/Civil Service FFnl : CiEP-SHII 'J,)'U-l,-'):) l.t1.'. 1.): ;}:j t"Aj ttl1! 4:...331"/4 Hug, 04 200ff*~!W <?/LffJ CITY OF DELRAY BEACH €.CE.\\fE.O BOARD MEMBER APPLICATIOii " 1\\\\':1 . ~\lG - If.. v C\..€.~ 0\\\ FH:< 110. : ~61266I)i-l6 t.:l.L'l CLl::tm OfUUY BF.ACH ~ rmr 1993 2001 P10lLlie type 0< print <be following infoID>ation: 1. WI Name: City 2. HOlUe AddI:oos: tJ E/le: ~T 3. L:g>l~ce; S~ 4. Princip..J..Busiocs.1\dd=: City City s",a, ~Co& I A- Ho""e Phone: . S bl ~U 0607" 6_ .A.r.e you "'- .(egi.ste.ted votet:? lIusiness l'b.oae: 7. tohat: BOu:4(3) ale;: you mte:reS[- . /rAft! C Vnm; cS 8, Lis, all CiJ:y Board., "0 whkb you"", ew:reody scr-riog Ot ll..ve proviowly .=ed: (Pb.>e inclu& cia",,) r/O w fEd~~~ <1Wl4fk.tic~s; 13 10. List any ~elated ptofo.lsioaal. eertifi=noos ono;i lice"""" which you hold: 11,-(;1". y~uc present;. Ot lD.OI<t recent eaiployer, and position: M~' 12. Describe CJ:j>Crien=. skifu 0< kno",jedge whi<!h. qualify you to save 00 this ba.u:d: (p1.,..e ><neb. .. had'resume) I hereby c _ ' . ,t 011 th: above t taD"".. ',J:e true. ""d I ogtee ""d llJ:1~""'d tlnt "flY"';'''''''''''''''' of Ol....c.\ &eo. -~ ~ """'--'-"'""="'-~'-"'- -rIf,'~ ~ ~).V'?-.~ _ D.<- I , al'pi.i=tiOll will r=>lLin on file in th.e- C~ Qak's Office fOI: a p6iod of 2 y= from the date it ""'" bmi""ed, It....;u be <be appli=nt'. responsibility.o ~c'dJ..t.. =t "PpIJ,estioo.. on file. ~~~....l'tUC.o..'DON } DElRAY BEACH . to. . D .. A11-AmericaCity " II I! 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION IJ - j(j ~()& RQf,'rtoe ***** Please e or rint the followin information: 1. Last Name: {;4L C4fl.CL1l ,45 ,41bt:>1I/[ M.L fJ IiA-c I{ State "'"l State Zip Code :1 Z ~'-I Zip Code 4. Principal Business Address~ fA City State Zip Code 'S"IP/ 'fqb-~'1?7 6. E-Mail Address: Cell Phone: Fax: 6- (,,) Sif)(71U1.Z.z"el1. b7"7-1I/{I't. 6>3f(-1./9'1J Are you a registered voter? Y4.f If so, where are you registered? fAt-h An- ~ cry- 7. What Board(s) are you interested in serving? Please list in order of preference: uf!,tfC fi/l1(1t.p,/lZaJ"t2..(lt.,-r-.? C.:PM",,~.s.d~ Business Phone: 5, Home Phone: - C I i/ It-. s ~ tZ.-t/1 C-i).. 13 c>A-t4{) 8, List all City Boards on which you are currently serving or have previously served: (please include dates) - 9. Educational qualifications: 13 . S, (J fi CM u,A..J r 1/ _ --c F c- orfpJ lEc.0cvT 10. List any rehted professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: ~"" (lit S"n-4-f//t J'.D1i r L T' w. rp.,t t! ..J '-' r:: r: v L K:.. r7. r j}/,{;-tt.-/c-7" ~V'4fi/'! t?~,e/C4-. 1'/7/- ''rf2- 12. Describe experiences, skills or knowledge which qualify yo to serve on this board: (please attach a brief resume) Il../O.J n c;. I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. ./~;.~ 7-/6_b~ BfGNATU DATE Note: This application will remain on file in the City Cler s ce 0 eriod of 2 years from the date it was submitted. It will be the applicant's responsibility J'tJ1..nslltl' t:ltab~ current application is on file, , " 'U , S\CITYCLBRK\BOARD\APPUCATrON CITY CLERK During the late 1960's to mid 1970's, I served with the Civil Service Employees Association in Suffolk County, New York. I was the white collar Grievance Chairman, mediating and settling grievances between management and labor. I also served as a member of the Statewide Legal Committee, which met in Albany, New York, for the . purpose of adjudicating the amount oflegal assismnce to state and local employees in both grievances and charges brought against them. As an elected CSEA official, I was the county's representative to the Statewide Board of Directors . From the mid 1970's until my retirement in November 1992, I was successful in forming the Suffolk County Detective Investigators Police Benevolent Association (the law enforcement arm of the District Attorney's office) and getting it certified as a separate bargaining unit within the county and state, As President for the first sixteen years, I assisted our attorneys in collective bargaining, arbitrations and any other inter- action with state and countyofficials, During this timeframe, I Was also a member of the Legislative Committee of the Metropolimn Police Conference and served on various statewide committees ofthe . Police Conference of New York State. Although I worked on the union side of the table; in mymany years of experience, I was able to comprehend the views of management. Si./J;tIGt G'-/'U?~.s/"'-2~ ~~~ 89/1S/OS' >>ON 10:1$ FAX'S61~433774 1lIlV.l'..a..o. t" . \J ' "D - ",_... ~.. 0.' Qv"\~,-,- .~ ,'lIJ'I! "l!l'}3., 2001 CITY CLERK - ---Y_". laIooz 9/1;101.. CJJbb' CITY OFBELRAY B-I~'A:CH BOARD MEMBER APPLtCATION Sb.t.c FL ,:St#te. i\llf\ RECEIVED SEP, " 2005 \TY CLE.RK , MI'13 .. Cadc , , S- Z3p cO&.' 33145- , , ',Zip- co& N f\ :iaf~n~ '.ft:<." ~(; I ) ,9: '~<id...lqttolificaUc.z.:' '0.. \' ~ 11 '0iJivlj~4.....'1 i\ l' l, r 1l .. ~ '. ' U, 1\"". ca v".."., t' U,^ I V\. 1\, CD lA. ~.G'- 1-, t'!v\ . lQ.li&tanymJ..mdpr~~<"~ti&~ti~Und~whid'7DUh.oln, .. t1..Gtn~(>, ;} . (). f \)d~.h:;e De In IV k.vu d ~N.'l'-t Hl 3!::o\:Id Q3/ IlIW!O( II>! ;:::L;:::;:::L:::'3I'3ST Lt: : 60 C\CICl~ If-. 1. ff.fJ 10/10/2005 11 05 FAX 561 7:)7 5180 ERIC H LUCl~ FA IIII~ ~UUL RECE~ED OC1 1 0 Z005 CITY CLERK OElRA'U"eACH ,~ ( '. .. . ... ... ...'**** A/I~City " II I! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Plase lint the follo . 1. LIst Name: , I . (j ( J::fVJ I/,<J 2. Home Address: ..J.I. 21 5..u 3'f~ 3. Legal Residence: ~"'l. Q ~ Qhw-<iL. 4. Principal Business Address: 5&52 5",,"1 '7Ff/[t:.f7S7 6u/j) infoDJ:Ution: City >' 1f/7lJ--V 6rtlcr( ML;1 Sut<: ~ Cot--- FL 3'13- State Zip CoCle SUte Zip Code Fe 33Y5'. yO: Name r,-, t::::J< I C. City f:iJ}4fTO~ 8GJ-CI( City S, Home Phone: .Business Phone: E-MoilAddress: Cell Phone: ~/. 737 '/7Q/ ;)tJ l737 3/33 f.t (JLl/t~"7IWL;;W'c;", ~0f >'1/ 6. Axc you a J:egistcred voter? . ./1 If so, where :u:e you J:(: . tered? f .s """"I bG;4-0( c. TY - CF.-"J;"- 7. W1ut Boud(s);u:e you intc.t:cseed in sc.rv!ng? PI"""e lise in order of prcfereucc: l!Vll.- 7Ee.~ICC .'. Fax: .fV/ 7"37 .0 &:J /70 8. Use ill City Bouds on which you uc ayr=dy sc.rving or luve previously s"<Ve~ (pI"",<e include dares) ON~ .. ' ~. Educatiorud q"JIlilications: {3../J. - D"t~tkl'7 (//1",(A fr IfffO fiJ- tJ-'JI'~'"7'1, O{ /f}d'r>t(' /9$3 to. List any related professiorul ccrtilication.s =d licenses which you hold: 4'" J)1<Z,q f/t!,fwd (/".,f re; /.vv 1 L Give your present, or most recent eniployer, = EfJ <. 1/ J (JC K;""/lf/l) . 11. '~"'IJe4f '12 Describe expc.t:iences, s\cill.s or kno,.tedge .which qU2l.ify you eo s"<Vc on this boud: (please "tUeh a brief resumc) . o..l4.C '-< J . '(""(/- A fi./ ttKHJ tJ / I h""~Y. tify tha ill d\c above s"'-tements are o:u", Mid I agree and undc.t:sb.tld dut any mlsSl.1Lttmcnt of maeeci.l.facts con . <d' ~ a IiCluon may Cluse forfeiture upon my part of any appoinllncnt I may receive. ----- . . /1 ,- .. .' ~otJ~. . SIGNA'IURE. . DAlE F .>te: This application will remain on file in the'City Cl""k's Office fora period of2 y= from the da~e it was submitted. It will be the applicmt's responsibility to eas""e du<( a, current application is on file. s"aYYC1.BRJO.8O~UoCl-:nON 10/10/2005 11:05 FAX 561 7J7 5180 ERIC H LUCICMAN FA I.f!J002 MARTINDALE-RUB.BELL LAW DIRECTORY ERIC H. LUCKMAN, P A. 3651 Sourh Seacresr Boulevard Boynton Beach, FL 33435-8662 Telephone.' 561-737-3133; Toll Free: 866-Luc/eman (582-5616) Facsimile: 561-737-5180 Email: EL@Luckma11Law.com URL: htm:/fwww.LuckmaIlLaw.com Plailltiff's Persona/Injury, Wrongful Dearh, Illsurance Coverage alld Insurallce Bad Faith ERIC H. LUCKMAN, born East Meadow, New York, April 4, 1958; admitted 10 bar, 1983, Florida; 1985, U.S. District Court, Southern District of Florida including Trial Bar; 1990, U.S, Court of Federal Claims. Education: Brandeis University (B.A., CUIll laude, 1980); University of Miami (J.D., 1983). Listed in Leading American Attorneys. Certified Court Arbitrator, Florida Supreme Court. Recipient, Bronze Patriot Award, Academy of Florida Trial Lawyers, 1992. Member: Palm Beach County Bar Association (Member, Medical/Legal Committee); The Florida Bar; The Association of Trial Lawyers of America; The Academy of Florida Trial Lawyers (Member, Insurance Committee and Legislative Key Contact Committee); Palm Beach County Trial Lawyers Association (Secretary, 1997; Treasurer; President-EJect, 1998; President, 1999). (Board Certified Civil Trial Lawyer, Florida Bar Board of Legal Specialization and Education). OElRAY BEACH ~ AIl-AmedcitCily " II t! 1993 2001 5-;1& -cJ0 . Conovi !aV) f CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1. 2. Home Address: \ Legal Residence: {:)V'Q- Name 'Al ~-i Ll fi M.1. f &-VlcJl S~tt, Zip Code State Zip Code City State Zip Code Cell Phone: Fax: - I'" ,-' , ~ 4. Principal Business Address: 5. Home Phone: Business Phone: SlDL,;l'\, S 6. Are you a registered voter? --- 7. ) 8. List all City Boards on which you are currently serving or have previously served: (please include dates) (1^-e-- 9. Educational qualifications: _ c..tI 10, Ust any related professional certifications and licenses which you hold: 12, Describe experiences, skills or knowledge which qualify you to selVe on this board: (please attach a brief tesume) '"' I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts c ntat ed~n. this app~on may caru:e forfeiture upon my part of any appointtnen\ Imay rlceive_ . ' - ~1:;lsJ0lt.l I SlGNAlURE R E C I1ATE + Note: This application will remain on file in the City Clerk's Qft/ce for a pen of 2 years from the date it was submitted. It will be the applicant's responsibility to em~ tt1alr'2I1ff!,nt application is on ftle. u, S'CITYCLERK\80ARD\APf'UCATION l~ ~~ CITY CLERK PATRICIA T. WESTALL 1102 Seaspray Avenue Delray Beach, FL 33483 561.243,7959 Patricia_ WestaIl@hotmail.com SUMMARY A high energy health care professional with over twenty years of experience in client services, specializing in clinical consulting, marketing, sales, strategic planning and administration. Excellent problem solving abilities and group process skills, Can work with professionals and groups at any level. SKILLS CLIENT SERVICES Managed hospital accounts at executive level as point of contact, from initial delivery/installation through complete producUservice delivery with consistently high customer satisfaction ratings. j ; STRATEGIC PLANNING Directed hospital strategic planning process, Served as planning consnltant to clients for defining goals and objectives, negotiating vendor contracts and refining market share strategy. MARKETING Directed marketing activities for clinical outcomes management firm and was VP of Marketing for large nrban hospital. COMMUNICATION Strong presentation skills refined through managing a variety of sales presentation models to large and small groups, including physicians and hospital boards. SALES Successfnlly sold multi year contracts for clinical/ financial ontcomes products and services to hospitals and health systems, EXPERIENCE June 2000- September 2002 Consultant and Independent Contractor, Atlanta Georgia and Delray Beach, Florida Hospital and Physician Practice Managed Care Contracting March 1998- 1une2oo0 GE Medical Systems Healthcare Solutions, Atlanta Georgia Regional Director/Senior Manager, Client Services Responsible for account management for clients in multiple states as well account renewals and additional product and consulting sales. , }" September i 990- February 1998 IAMETER, Ine., Atlanta, Georgia Senior Manager Presented, snld and delivered clinical outcomes products Iservices to admiuistration and medical staff. Directed marketing activities and training of new sales, marketing and account management persOlUleL Participated in planning sessions as well as development of new consulting practice areas. July 1983- April 1990 GEORGIA BAPTIST MEDICAL CENTER - Atlanta GeOrgia Vice Presiden~ Planning and Marketing Directed planing and marketing functions for this 500 bed non-university teaching facility and its affiliated organizations. Coordinated strategic planning process. Directed development of data support systems. Managed public, community and guest relations, Coordinated all physician support activities. Supervised staff in six supporting departments. June 1982- July 1983 EGLESTON CHILDREN'S HOSPITAL AT EMORY UNIVERSITY Atlanta Georgia Strategic Planning Analyst Coordinated statistical support for facility strategic plan. Served as liaison between hospital board, administration and long-range planning strategy consultants. EDUCATION 1990 M.p.a - Health Administration Emory U.niversity - Atlanta Georgia 1979 B.B,A. - Health Administration Georgia State University - Atlanta Georgia SELECTED PROFESSIONALNOLUNTEER ACTMTIES . Society for Healtheare Strategy and Market Development of AHA . Georgia Society for Healtheare Planning and Marketing, Past President . Women Healtheare Executives, Founding Member . Georgia Nurses Foundation, Ine.Board Member 1994-1996 . GSHPM, Annual Meeting, 1993, Faenlty . NAHDO, Southeastern Regional Meeting, 1994, Measurin!! Provider Performance. Presenter . Quality Review Coordiuators of SW Ohio, 1994, Makin!! Sense of Data, Presenter . South Carolina Health Information .Management Association Annual meeting, 1995,: Presen ter . International Communications for Management, Direct Contractinl!'96~ The Future of Mana"ed Care, 1996, Presenter . International Quality and Productivity Center, Best Practices in Direct Contractin!!, 1996, Workshop leader . Community Service Award; Women Healthcare Executives, 2000 . Cedar Hill Enrichment Center, Board Member, 1999-2002 . Metro State Prison for Women, Atlanta, Volunteer, 1997-2002 . Palm Beach Literacy Coalition, Reading Tutor, 2003 - present . Delray Beach Residents Academy, Graduate, May 2004 . Beach Property Owners Assuciatiou, Design Guidelines Task Force, 2003 -2004 } MEMORANDUM TO: FROM: MAYOR AND CIlY COMMISSIONERS CIlY MANAGERtJl~/) AGENDA ITEM # q:I:- REGULAR MEETING OF OCTOBER 25. 2005 APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL SUBJECT: DATE: OCTOBER 21, 2005 The terms for Ms, Pamela Williams (Zone 5), Mr, Fred Fetzer (Zone 6), Mr, Arthur Brown (Zone 1) and Ms, Patricia Westall (At Large Representative) will expire on October 31, 2005, Mr, Brown and Ms, Westall will have both fulfilled unexpired terms, are eligible and would like to be considered for reappointment, Mr, Fetzer will have fulfilled one full term, is eligible and would like to be considered for reappointment, Ms, Williams will have fulfilled an unexpired term and would not like to be considered for reappointment which creates a vacancy for Zone 5, On September 9, 2003, Ordinance No, 27-03 establishing the Neighborhood Advisory Council for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods was passed and adopted, The Neighborhood Advisory Council consists of fifteen (15) members and two (2) student members, Twelve (12) members are residents with two (2) residents selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods, The following individuals have submitted applications and would like to be considered for appointment: (Applicants are listed by zones; however, the applications are in alphabetical order,) (See Exhibit "A" attached) Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted, None were found, Voter registration verification was done and all are registered with the exception ofMr, Todd Harvey, Based on the rotation system, the appointments will be made as follows: (See Exhibit "B" attached) Recommend appointment of three (3) regular members and (1) one At Large Representative to the Neighborhood Advisory Council for two (2) year terms ending October 31, 2007, Neighborhood Advisory Council Page 2 NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT "A" Zone 1 Applicant Occupation Subdivision Mark Behar Property Management Lees Crossing Arthur Brown (Incumbent) Consultant Lake Forest South Alice Finst Gardener Chatelaine Hansford Higginbotham Insurance Lake Forest South Jayne King Education Chatelaine Lynn Klein Accounting Lees Crossing William Milner Field Rep, (Census Bureau) Chatelaine Zone 5 L'Tanya Allen Clerical Sunset Park Bryce Newell Account Executive N/A Samuel Resnick Code Admin/Engineer Pines of Delray Zone 6 Fred Fetzer (Incumbent) Engineer Tropic Isle Gerald Franciosa Accounting Tropic Isle Nancy Schneider Flight Attendant Lowry Park Estates J ames Smith Finance Banyan House At Large Representative Shirl Fields Jewelry Designer Andover Todd Harvey Education Kokomo Key Place Linda Leib Office Manager Del-Aire Golf Club Nicholas Loeb Real Estate Lake Clark ShorePatricia Westall (Incumbent) Community Relations Seaspray Estates Neighborhood Advisory Council Page 2 NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT "B" Tenn Expiration Date Zone Commissioner/Mayor to appoint October 31, 2007 (2 year term) 5 Commissioner Archer (Seat #2) October 31, 2007 (2 year term) 6 Commissioner Levinson (Seat #3) October 31, 2007 (2 year term) 1 Commissioner McCarthy (Seat #4) October 31, 2007 (2 year term) At Large Rep, Mayor Perlman (Seat #5) NEIGHBORHOOD ADVISORY COUNCIL 09/05 TERM EXPIRES DISTRICT NAME & ADDRESS TELEPHONE 10/31/07 Zone 1 Bernard Federgreen Home: 561-265-3339 App' 12/14/04 1260 NW 24'" Avenue Work Dekav Beach, FL 33445 Fax: 10/31/07 Zone 2 Stephen Lampd Home: 276-9292 Unexpired App' 06/21/05 2745 N, Clearbrook Circle Work: 832-4271 Delrav Beach, FL 33445 Fax: 832-3555 10/31/07 Zone 3 Karen Lustgarten Home: 266-9084 App'II/04/03 1850 Homewood Blvd #408 Work 202277-2522 Reopp' t2/04/04 Dekav Beach, FL 33445 Fax: 10/31/07 Zone 4 Cory (Caroline) Cassidy Home: 278-0150 App, 11/04/03 424 Palm Trail Work 266-6760 Reapp'12/t4/04 Dekav Beach, FL 33483 Fax: 265-0616 10/31/05 Zone 5 Pamela Wtlliams Home: 274-9095 Un"'P App' 01/t8/05 245 NW 8'" Avenue Work: 243-7332 Delrav Beach, FL 33444 Fax: 10/31/05 Zone 6 Fred Fetzer Home: 276-6712 App'11/04/03 932 Evergreen Drive Work 715-9030 Delrav Beach, FL 33483 Fax: 10/31/05 Zone 1 Arthur Brown Home: 496-0264 App, Unexp 01/13/04 4255 Northwest 10'" Street Work 862-2361 Dekav Beach, FL 33445 Fax: 10/31/05 Zone 2 Shddon Weil Home: 496-0549 App'l1/04/03 925 Greensward Lane Cell: 573-9355 Delrav Beach, FL 33445 Fax: 496-3867 10/31/06 Zone 3 Susan Kay Home: 495-7848 App' 1 t/04/03 2571 Hampton Circle North Work: Delrav Beach, FL 33445 Fax: 10/31/06 Zone 4 Mike Cruz Home: 274-4856 App' 11/04/03 1510 North Swinton Avenue Work: 954427-0404 X230 Delrav Beach, FL 33444 Cell: 350-7360 10/31/06 Zone 5 Gail Lee McDermott Home: 279-2551 App'11/04/03 721 Southeast 3'" Avenue Work 276-8763 Delrav Beach, FL 33483 Fax: 279-4331 10/31/06 Zone 6 Jeremy Office Home: 330-2713 Un"'P App' 10/05/04 2837 Cormorant Road Work 276-1641 Delray Beach, FL 33444 Fax: 330-2317 Cell: 670-7130 10/31/07 At Large Marilyn Kennedy Home: 278-3096 Unexp Appt 03/08/05 Representative 31 NW 14'" Avenue Fax: 265-3295 Delrav Beach, FL 33444 10/31/05 At Large Patricia Westall Home: 243-7959 Unexp Appt 04/19/05 Representative 1102 Seaspray Avenue Work 274-3215 Delrav Beach, FL 33483 Fax: 274-3201 10/31/06 At Large Charles Stravino Home: 495-5375 App'I1/04/03 Representative 3631 Lowson Boulevard Work: 243-7412 Dekav Beach, FL 33445 Fax: 243-7461 10/31/05 Home: Vacant Work Student CeU: 10/31/05 Vacant Home: Student Work Fax: S/C.., aetk/soan! O4/Ncighbo,hood Advi.ory Council Plase riat the folio 1. Last Name: 4 . / L LIE-,v 2. Home Address: / LJ A /I . / ,-tJI, /vIA/vGo information: . ItJ11dftFj CITY OF DELRAY BEACH'CEIVED::c'~~_. BOARD MEMBER APP LI CAT. 10112 2n~':f< RECEIVED 1..... fV CLERK ~cP1 OCT 1 2 2005 NamelY (1 City DEI..-ft'AY B~/-( City ])/t/ve Sute ML .J: Zip Code ~4L/ L/ Zip Code DB.RAY BEACH If. .. .. . . ... ***** fijjr 1993 2001 3. Legal Residence: 5AM~ 4. PriacipalBusiness Address: SA- M e.. City Sute Zip Code 5. Home Phone: )laNe 6. Are you a registered voter? 1/ IE6 7 _ What Boacd(s) are you interested in s IVE 611 0 ~(J~ E-Mail Address: Cell Phone: Fax: -5'(./-bSg-/f3'9J/- t1/1~1/j& bs,;tJY' (P/-6(fq-/tJ5'7 u/-CSS"-.3S5"9" If so, where at:e you registered? )--, ~ j; I /t . PEe ~ .u=t-~y' w/lt/Y1ry (..~ . Please list in or9,eJ: of prefeJ:ence: A V 01/1s',I1.Y LOiJl'iCIJ-. PoL 6' !-lvI/ISo y' Do 120 Business Phone: I 8. List all City Boards on which you are currently serving or have previously served: (please include dates) o II/E 9. Educational qualifications: J J /' . nS f.:J1?AVVA-nE 2 V~.e..s CUEGG CuJ2S&vloJ'-K to. List any related professional certifications and licenses which you hold: Alom.e fi L c.. 0I..eIOUS II-tlf)S~17"N l'J us:wG TlFICATGS 11. Giv. e yow: present, or most recent eniployer, and p,osition: I PI3C'=;;; IH /;; &r~/CE 1HZ ..sf'EC/ALIS"/ .12 Describe experiences, skills ot Imowleclgewhich qualify you to serve on this board: (please attach a brief resume) . /N~l3G-r IN J/1MU/II'/--rY /N /) ~ r' M v/G-IL .L./TE,,(!-4"t"b -fkE.V/tJ(j6 ,Ex,PE1<./cAlcE /N !ktJI'G1<:rY ,41ftNAGeAe;v--(, SteiEr /1113MB 5f/-IP /N ..sONsEi k. tJA, WPClA"1"J3 0 '.DB {!/17ZE1ll~ AcA-O.0\llY I heJ:eby certifY that all the above statements are true, and I agree and undeJ:stand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. ~~~,.~ . . .'. DAn:~,j;~4- Note: This application will remain on file in the. City Clerk's Office for a period of 2 ye:u:s from the date it was submitted. It will be the applicant's responsibility to ensuiethat a cuttent application is on file. SIClTYa..ERK\80AltD\API'LlCAnON . infoanaQQ11: joAJt1- ;:riJP lfIj~v)../ftc/f. CITY OF DELRAY BEACH~*::t(/0~1":!!I BOARD MEMBER APPLICATION . E APR 0 i 2005 C'T\! ,"j <:;:~K I I '""~t::n., M-!s: . Code ~ Zip eoa.: DtUAY lfAoi ~ . Dh io.if "lit 1'993 2001 2. HomeA~s#/'lq___W, k 4/. 3. Legal Residence: 4. Prin' 7. What Boud{s) ue you intaested in suviagi' Please list in Oldet of p<efaetlce: .11. G1n your present. or most !ec;t;nt coipIoyu, U1d position: ~ - - ....temclltS ate cme, md I tgte" lUld ""d=t:w.d that an miss .temmt of ~ &.:u . . . myputofanyappoinlt1U:UtI y< e. . D~ Note: This application will tem:dn on file in tb;, City Qcdc's Offu:e fot a period of 2 yeats from the date it was . submitted. It will be the llpplicant's <esponsibi1ity to U1Sute thlo.t a cuueat applicttion is on file. '5J~5 _ .~ i I I , I I i i I ! i : i j , 1 , l ! i I I II II II 1"1 II I ! , ' , , I .Subj: Date: From: To: cc: FlIIld:..B9ardapP9JntJ1wnts 8123/20033:24:16 PM Eastern Daylight Time MJBPROPERTIES Ibotliillvcos,com il:!1Iiilbellsouth.net Open and read attachmenl......,............, !'~~~.r!!ed}~~lKlge:. !Subj: ......-~.,~.., !Oate: 8/2312003 11 :07:23 AM Eastern Daylight Time !From: delcommishliilhotmail.com iTo: MJBPropertiesliilaol.com lSent from the Internet (Details) Dear Mr. Behar: j' have an' up<:olT1ing appointment for an alternate member of our Code EnforcementBoard. t_.. !llE~. ";}"'~"~ji...1ffl.ti~~ raL., 1 ,J'-fllll~.J~ LlJ.4c."""'~ i<I<;;"JI_ 1 - ".1ll1Ul~-;,::r-- I.;_-C-. Unfortunately, openings am rare and its even rarer that an incumbe"t board member.is J~ith.!lr!e(ll"1-limit!19 J;Jr g9~n'~ ~rtt!9 ~~ .l!n.9~r ~1TI1,. ,ltjs my philosophy that if an incumbent is doing a good job, I would like to see them rEHlppointed. Thatsaid, .theCade Enfo(l;Elment .Boar:d .isacliJ,<e .and .ill1PQctant1o 9!fr gjy, Even though the position is an alternate one, it is my impression that alternates are very valuable because often board members cannot make the .~time .meetings. r4IIiou consider an aitElmate position at thistime2.. . . i' _ ,,' -: }~'<<Ji:ft.:~&~'~-~~~~'2f<<'~.:~~'bfbV~EdJvd!J~~:~PJ-'" But sUeast this is a start :;=~:!;r~.fKtl~d1"I!lU'~lil;'~"id11't.- j~...j.:.htlb-'" !'. I' T~:rr''''lilil'li ~- -, .J; ....lil';... ..' ... . ~ 1 ."" _. . ~~ ..... ...." .,. . .. 6et MSN 8 and enjoy automatic e-mail virus protection. http://join.rnsn.comJ?page=featureslvirus Friday, September 12,2003 America Online: MJBPROPERTIES .I.4IS'l;.. J. .V.I..I. P'.l.....l.:8p-.p"! .mr - 1993 2001 _d_'__n_ 'iiJ;- - - I-f -v: -- &11-:1U I k/1 I 1. CITY OF DELRA Y BEACH BOARDfdEMBEIJ APPLICATION { /' II - 'Lake (;{'e:lT ~ 4:;;/J€- I M.L - -L ~ Code r City 2- 3~ 4, City State: Zip Code 5, . Home Phone; Business Phone: E-Mail Addre$s: ab CcllPhi>ne: Fax: 7. , I t3 . IS 8, List an City Boud, on wbleh' YOl.\ are =dy, .m;"g or have i>=o;ioutly lerved: (please inelud. dateS) NO E 9. EduCational gUal.ifieariom:&. . Note: -Ibis application will remain On file in the CitY aerlc's Office {oc II period of 2 yeus from the date: it "'as .ubmitted, It will be the applicant's =P=SibiJity to e:nsure chat a ClUttnt application Is on file, . RECEIVED ~tJoM \l es..- - I ~~~ I-IT- , JAN 0 8 2004 CITY CLERK TOTAL P.02 (1f;.-1l"I/05 WED 11:~8 FAX 56124J1774 [~/lvl::~ 'b(ID/ b1 CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLICATION AUG 1 0 1.005 CITY CLE.RK CITY CLERK . -r;- J", ,-r--nJOI C ~fV / / '1'.22/,v t' (p 14JO"4 OIU<A Y BEA,CH .. ~ ? ... . .. - b1Itd IUl-_Citv " II ,! 1993 2001 Please e o~ ant <he foUo . 1. Last Name, info.onaoon: FETl.f" J( Nunc F~ t:JJ M.L8 City . 13E:.A. c tI Stat" Zip (""..0& D 6" L....e... y FL. .3 8"j3 City $t.ate Zip Code De:{.(A B(;llCtl FL 33LfK.3 City Sote Zip Cooe 2. Home Address: DRlue '132. E.NY r__... 3. Levi Residence: 4~2. E lie C~<"f"1. DJ11"~ .4. Prillcip:ol. Busioc>s Address: s. Home Phoo.c' Busincs.s Phooc; E-t-h.i1 A.ddress: f"'.b Pe. tZ<<.r@ Cen Phone: Fax: 5"61 27t.-(p 7 i'1- ~(,{- 7/S"-(U'3o 6. .ALe you- ::::L I:cgistc.rcd vote.I:C' 5b/-715 ,}o3o ~1-276 -,67/ If so, ",hac ue yon registttcd? .,... . Pb~~~ 4.- es 7_ What Boar.d(s) ue you i.o.co::es:ced in sc:.r:viog? Ple&..$e listm order: of pttfccencc: JJ~ '<Hi ~t>jUIO'Il A .S>y J~ '/ . A.D (J SIA 1. 0 AL; 8. Lise ill City Boaeds on ",j,ich you ue =ently s~g 0< lure peev10usty &........x (please indud<:<htcs) ,lJtif<TJl&iU.I-tOOD A1JIIIS~~ c-......,..,,;, .('"/1>.3. fC'S<r/f+ . b"A;<~ Q Co s-r/("'<c. IO~ A/'EA...~ I-" rcJ6-+ 9. Educ:u:io~ qwUifiatloos: ,S. .., /'-1cc -'Ie. CN"& 6ft UNIV tJfC- ~N.lI5S.:1E6 to. List any reLtted professiorutl certitiCluons :wd Ii<:cnses which you hold: .eEQfST€~tiTD . ~ore.s$'/O,JAi... EAlGI";e~~ Fl..,~1 A STr'lTE CellT FI€.D Bu JL..D 0/ Co/\/7. II. Give YOUJ;l'ccsent, oc mose cecent employcr, ~nd position: S~L..,::>'p r -rElE""Co ..J/~1>, J {}c",4..6- A F L{J~ "'-'-0.(. 6/'J6-J,Jlii~ ,.J(;,- A---'D CON STluC.TIOI\J .12 D(:=be upeciroces. .lcills or know\~ whiCh <J.ualify you eo se ;: c 5" . ....,.. e on thi. board: (Please ~tta.ch a brief resume) 08112005 19:09 1-10.252 0003 FRED B- FETZER, PE 932 Evergreen Drive pe/ray Be<ulI, Florida 33<18J (561) 715-9030 (561) J76--67/J fbfetzet@beIlsouth-"el OBJECTIVE To obtain. a challenging posirion serving the commu,Iity where my e:clensive administrative, managerial and technical skills will be urilized. QUALIFlCA TIONS An .:a:.perien~_~e~l professional who is depenaa.ble, -"e~f motivated. flexible. committed 10 serting high STandards of erhics amI pe1form;:mce. and willitlg 10 'work hard to achieve aggressiv~ goals. WORK EXPERIENCE NlW..1989- BdlSou.ch Telecommun.k-atio/f.$. .In.c., Miami. Plorida aJ.d P14nt/lMIJ. Florida July. 1001 Director- Engineering atul COlfStruClIo" Directed the operations oftlM OUlSick Plant Engin.eering and CorJ,sfrUC(iiJ11 organizationsfor Network Operations Divisions in the Sauch Florida .-I.rea. This included respon$ibiliiies for d&5ign and construcJion of annual CO/tstruction Programs averaging $40 to $50 million per year year. Co"strfJ.crion Programs consisted of designi,lg and constructing telephone network facilities inclwlbJgfiber opriccobles. loop eleccronics and c-opper based facilities. J averaged 250 co 300 employees (7 Direct reports) ill my organization. in.clu.ding Area Managers. Project Managers, Loop cap{u~iIy managt?rs. Engineers. Construction Supervisors and field technician.t. Recired from Bel/South on July 3 J. 200] with over 32 years afservice. Feb., 1987- Southern Bell Telep/"'lfe & Telegraph Corporation, Sunrise, Florida Novo,. .19&9 Openztioftf Mll-nager-Florida Nl!twork Suppon Directed the opeyations of the Computer Maintetwnce Centers in Sunrise, Miami. and Ja{,~ksonville. Supuvised various Network Support System.s and Centers induding state"wide network monitoring and maimenance. database mal1agemetlt and information technology (IT) support. This \-,,'as a stateu-,ide liNe organizafion wirh approximarely 250 em.ployees (9 din~CI reports). Mar"198J-. Southern .BelI relepllOlle & Telegraph Corporaoon, Mia"'~ FlorUla Feb.. /987 District Englnur Re.rporuible for monagrng the Outside Plant Engineering Distr-icl and Loop Assignmenr Center /or the northe,-n portion of Miami-Dade C.ounry. Directed Engineering and Loop ASJ.'igmlfent Ce.nter work groupS ill the phnu1-irzg. design GIld provisioning of nerwork faciluies (including '/ Was' re.-'fponsible for the eugineering awl mon.agemenr of an annual Construction Budget 0{$20 to $30 million in this positiotl.. 1 fuld appro::timate~v 100-110 51lbordinace employote.s bl this organizatio'J (8 dir~:l reports) i.ncllldmg engineers. supervisors, drafting clerks mid other derical support- Sept_, 1979- South<<n& BeU Telephone & Telegraph COrp_. .-ttlanta. Georgia March. 198:1 Dirtrid Staff Mall4ger This was a rotational assignmenI on the Compa/C)' Headquarters scaff. I was respon$ible fO,. 3lajf supporc bJ managing and adminiscuing Southern Bell's Necwork CO,JSrnJ.ction Program for-the lour state region.. The Capital Budget associated with the Network Construclion Program averaged over $600 million annually. 1 had a suiffof /0 employees in this position (including 8 EngiTU!erIng Staff A-lam1gu$ wlw were direct reporCs). 0011 2005 19:09 NO. 252 0004 /lpril, 19n- SoU/hem Bell TelephoIJe &0 Telegraph Corp., P/JU,tation, FL and Boca Raton, FL Se-pL. 197'i Supuvising Engineer- J"tilnlOcion Dl$.trictlAI"IUl Ma.llager-8oca Raton DistricJ. Supen..'i<;.ed OllIS ide Plam F(Jcili~v design groups ia two Southeast FL Districrs. Respon.sjbilili~s included supen'ising J.eSigh of networkfadliti€S. current and long range plannin.g. In this pOjiIioll. I was resporlSible for marwging annual consfrucTion budgeis of $/ o}..{ co $1 2M and supervising a _Hqff 15 to 20 e'lgineers and clerical support personnel (i"nc.luding 10 to 1] direct reporfS)_ Ju~v.l.970- Southem Bell Tdeplume &0 Telegraph Corp.. P1antatUm. Florl4a April, 197 J E..glneer- Otmide PI4n1 Design Responsible for de:o'ign of Outside Plant (aSP) facilities for a geogp"ophic area (souJhweSleM1 Sroward COU-).~.). These responsibilities included design engineering and current planning. J hu.d '10 .fubordinaJes in This posicion. Ju.ly, 1967- lif(lrtin If-larietta Curporat.ion, Orlando, Florida JIl.lle. 1970 Engim:4::T- Thennqdyna.mia Sealoll Responsible for design engineering on missile defim.Je J)-'Slems through U. S. Governmenc defense co"CraCL<>. Respomibiliries incl-uded therm.otf}namic arlalysis and design. of missile compon.en.ts and technic.al >>,riling. I had no subordinar€S in this position. EDUCATION UNIVERSITY OF TENNESSEE. Knorville.. Tel1llessee B.S Degree in ,A.f~cha1tica/ EnginJ!.ering PROFESSIONAL LICENSES AND ORGANIZATIONS Registered Professional Engineer in rhe states of Florida and G€Qrgia Member afthe Narional Socie.cy' of Profesjiona{ Engin.eers Me-m.ber of the Florida Engffleerhlg Sociery Scare CerTified Building COnD"OC10r- Stale of Florida CIVIC INVOLVEMENT AND E.U'ERIENCE El.xled to the City Caunl...-il ih JVilto,l Manors.. FL in 1973 and ,'e-electedfO" 2 addiTional] .vear lerms- Served (J$ City Council president for 2 years, Appointed by ehe Broward COlLntY C ommwion CO SiYVe on the first Broward County Planning Cmm.cil during this period Resigh.ed C(lUI]{:i! seae ill J 979 due to lJ job rransfer ~v my company 10 A/lama, Prt:5enc(\I serving as President of Tropic hies Civic Association in De/ray Beach (ejected in Febru.ary. 2003). GtaduaLedfrom the Delray Beach Resid~nLS Academ_v in ApriL 2004. Preseurf:t.' .5t;:rving on the Boa,'d of Cons cruet ion Appealsfor rhe City qfDelray Beach (appoinred by (he City Commission in 2003), Presef'll~V sen.jng on the City of Deln:IY Beach Neighborhood AdvisolY Coun.cil (appointed by the City Commission in Novr!.1rlber, 2003). Currimr{v serving as Second Vice Chairman of this board Present~l' serving ml M(ryor Perlman's Race Relations ComlrJittee ill Delray Beach frese/llly servi/lg as Secrewr.l'/Treasurer afthe Board ofD/reao", of Trop/cal Financial Cred/, Union (TFCtTJ. Se,,,,ed as a member l!t"lhi$ Board ofDireccorsJor over /9 years (including 3 years ~- Chairman). TFCU is a SouII, Florida based ji,zancilIl services organizofioll with over $650 million in assets.. li I ri! 1~ ~':t Je;4..., ~1?1~ CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLICATION OCT 1 3 2005 CITY CLERK lI{;L IRWIN FIELDS CITY CLERK 10/13/05 09:37 FAX 1 561 638 1263 10/1)/05 TRU 1Q:50 FAX 5el!43377~ D8AA.Y -..0. . " . .. . .. - - .. .... - -- l'L::aM or Jim: the 1. LuocN-=.F/ L?Z ZJ 2. H_.Addo . ~_ .I~ /_ 2. '58 HH~.Pr&vV <./.RCL..€-..rc=:ir 3. Lqpl]l.-iA-- . JVJ.;I{d'"E"" A5 ....,~V~ 4. PJ:iDcipU.B....:...-- ....... -: inf=-~ NUDe Z~L- cnyZ>E-~y.&q City s_ .F L.- S.,.." ~ ~~ City s.,..., ~ Cod.. ~ 7. \lI7haL &a..rd(.) ..., "'" iD........ud ill ~ Picazo Iiot... ...a..: of poef1:o= E-hUil AMteso: GeIl PbODC:; Po:: . /RW//'V. 5~-:;-4Z.-<6>-So 5'::;/-~:.P-/<6 L:J~4..P#/. r ,. ll34~~you.r~f!). ...A? 5. H_ Phone 5W'~38./Z0/ 6. Ar.e you. ~ uzis=-od vo=? 'Bncin__ Phone: N~Cq~ A.PV/5~ C:d~~. II. u.. oil 0Iy~ .... ..t.i<!b. "'0 ""'0 cuiL=~ .crviag or ho..... pc=iously ~ ~ ;n.........,: _) t. 'D....-..oaaJ ~ ~~ .s:av'N- - A:r,.....C 10- Uot..., .....--' p.vbco..;",.,.,) c..mliauio_ and w..n..= ...-hich yOu bolo:l- 11- Gift ~ 0< n>Oot teoo:nt c:aiplo a. and po.si~ . 'A. 4JJ c;e E4/~ ~-4A"'~.ACTC-C~A/~ , 12. D .... ~~~ ailU or kn ""lZI'hi&.. qu.sJity you. (D llIC('V'"~oo.. dUe ~ (PL::asc , !:4,1" P~LlC- "/"~rL7S -' 7A1'~ ~.q .PA:.6FG"Ss"AA./<k ~Sr: ~~&~ ~ -;,q ~A.4V/.-~ fM"~ ~e.Aer-S- .............~...,.,~...e. I.I..~ cstifJ 1hu aD. <he..boor.. .,,~~~ """ _... ...d. I _ ""d -=dccoo.o.d <hat ""1.....-...... of ~ &.:a <DO in ~ OPP .....Tea""". f..rtr;n>r. upon my po.n: of anT oppainrm....< I.moy <=><ivo. / . . /,0 //3,{p~. - . DA'IE / / ~ Tbis appl..........n ...;u -~;., on fiI<, III the' Cii,y CJ.e.:k"a 0fIi= fOl: 11. period of 2 ~ &o.n d... dalle it "8 ...baaita:d.. 1< w:iIl:be.1hc applic:uu'. """Ponsibility tt> ~'rlbu: 11. = application '" on fiLo. - ____. - .,..,. 0" -'Ti. _ W' ,r I , J. '" Itt!~ ...., i .' _"1m ill FRON :UnReel '.'ideos FA:, tlO. :5614983373 CITY clERK Oct. 14 2005 08: 24t=lf'1 P1 . ~f11~ , /)f CIJjJ<h'J" - ,l/if lO:13/0~ TBll 09:03 FAX 361243)7H , CITY OF' DELRAY BEACH BOARD ,.,...BER APPLICAnoN.2;,Il'i? / CM.!~/Q(ne.. .' Woai:lrica ~ w. \\.:..e... .'i', 11 \;" - ~. . ~ B I 5. E-:w.il I"' <AII!'!ume . a: j4lC'.\....:,;~c@C'.d+".\"\ cS 6.~1. t..f"''S''o~''j~ 6. )'Ou.~..~ ,\, IfJO......-}OCI.,;~ \'2. L I e s l:JeJ <,,"0... 'Uo ~t",;:' eJu:,.;r\ . ,. vn..lSoull(I)=JOll'm.utedia~I'lcueIio<h1C11t'dctaf...w~ . Ne... ,h.........~."J ~-i,,;...""~~~c.i{I.\,",... B. llot~ CIIr Jlonnb em ~ _ ClIm."ly ~ <>< lone 1'..:ri.....Iy- ~ llodlld. ciIm:s) cl em -- ..~ ;l.-........,lL . ,.". '" ...... CID dill 1I -=e) .... .-._en.. opuml . 'bllllll-J. - ~ -r_U';;_~"""IIIJP""aCllIJ 4. Q. l L '. L, ~' ,":j..-: ~ S1CNAroas . . ...., aCDII:IlsI ., .11IlIJ na:ltc. ,:i6Tf"2:Los' . ))AlE" ./ .'. '. t 10-. 'J'hlu'fplladoa ftlIlIIID DIl m.. Clcy 0ak'1 . periocI .~ h. b: dte 1;llIlba"'1"$I>""dI,BJor a> ~ JIlat.,C;\IIRllI OC1 1l,. Z005 0\1Y CLE.R\< FROf'! :UnReel lhdeos FA:< 1.10. :5614983373 C lTY CLERK Oct._ 14 2005 C:l8: 25Ar'l P2 ~002 lOI1J!05 THU 09:04 FAl S61WJi74 Resume' Alice Finst 701.~ Tavant Delray Beach. 3344.5 Applkadon for Nei&bborhood AdVisorY COUn"U # 12 Describe esoerience" sJcills or knowledge wbich qualifY you 10 serve on this boaId. Listed below are some afmy civic e;qxrricD.CCS since moving to Dell1l.Y Beach in 1911. Ple4Se lIJ)te tlult dDJe;S QU 11I'P,ax/m"u IVId ""U' ~ s~ yurs. Melltber.dal.ps HomeoWDers' League of Chatelaine 1970'910 present Ch"innlll1 Arcbitec:ttllal Control Couuni~ Editor, "The Cbatterlines" Member Board of Directors, City Commission observer for Homeowners League ProlrCllslvc ReIlldenu of Delray Beach Board of Directors. SPRAB monitor belray Beacb Presl.dcDf Council, Pride in Neighborhood Committee Moanfs BotaDic:al Gardea. League of Women Voters of South Palm Beach Connty since 1915. Delra.y Beach Good Government Committee ,! Lobbying Activities Acquisition ofland for Batwick Park, (also served on play ground committee). Land acquisition for Fire Sration at Barwick and L3ke Ida Roads Sidcwa11c1 on Bw:wiok Road Fencing at V=ans' PlICk Playground Briglrt p;uk Service on City Boards and City Rtbtecl Committees Pineapple Grove Pre Maip Street 1993-1995 Beautific6lion Committee Community AppearaDeeBoard 19&3 Hlatonc Prescn-atloll Board 1987 Education Board 1990 NortbWesllSOuthWest Nclghborhood 200~ Sidewa1k1Bewtit'ic:ation Committee . Cultural Loop Walking Committee visited 80 sites ;June 2003/ Risto!}" ColI1ll1ittoe School Advl50ry Committees A.D. He:udcnou 1986-1996 S.D. Spady 19'78-80. 1999-preaent AtJaa1i1: Hl&h School 1987-prC5Cat .Other City CommIssion Watcher since 1979 ,'01'1 : CiER-'O"'11 V",'tI.J,' ');) Hi'. I..::):} t'Aj to~J.~43;j-I'J4 Hug" 04 200ft*~!~ ?/tfM /pOfJ/C-xsJe- CITY OF DELRAY BEACH E.CE.\\JE.O ;Ld~ & BOARD MEMBER APPLICATIOJ{ " 1\}\)'i . t..\lG - '/.. v C\..€.~ C\\\ FH:~ IlO. : c:;t=.L2EJ=JJ7-if, l:11'; CLI:]{1\. OEUu.Y B~ACH ~ ;Ilfi! 1993 2001 2. . '}.l ElJE {"T 3. L:g>1 ROOdec..=: S ~ 4. Princip.JJlusincs. Address: City .; Z" Code 75 . Zip Coae 1. l>.LL City City S!1te ~Co& I J- Hon>e Phone: . ( to! -vU 060'1"" 6. hi> you ~ ~t",ed VOle" B~ess Phone: E-M.w.Ad<heao: 7. f.XIh:tt Bou:d(a.) iU"~ you mte:re.s[ in scrviag? Plosc list in ~td.er ~f p,.cfu~ce: / frY- Vlr1rn; CS 8. Lis, all City Board. <)0 whkb yo" """ <:utt=dy scr:riDg 0< w.vc pcc.-iously s=e.i (pb.e indwk d..",) ;VOW EdUC2.tio.:ul <!~c.&LK.'ns; 13 lO. List any related profomiol1lll <=rifi=cioos and Ji"",,- which you hold, U::-Gh>e yOw: present:. or 1]],ost recent eciployor. and posicion: 12. D<:sctihc c:xpe.;...cos. sldlIs or Imo..,jodge whid.. qusJifr)"Qu to =:ve 0" this board: (Pi....., =ch .. bci.:f <"'WIle) I hereby _.', toll "':e .h<>v tan""", ."<<' <rue:, and r ag<tt Uld ~=d that"!'-7 mis.t""",,..,, of Il1~...aI fU:o; ~ ...."..--.~-~....~-"'...~- ~ ' ~)A)'?...; _ 0..<_ , "l'ptkatio.o. willrcmain on tile in th.eCilyOcdi:'s Offioe fO<<1 peaooof2 y= from the <htc it""", btnitr:ed,l[ ""ll be the applicme. responsibility to Cnsurc.Wat a curren< oppl;e:uion 13 O<t file. ~~....ur.""'fI't.fCo.:DoH 10/13!~005 14:39 561-681-00~3 PAGE 02/02 I tl../; 'J3 2- /; IrJ " ti!u~ CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLlCATIOHr I 3 2005 ;t.ITY CLE ~'f ~~- . ~ M. I1lr'IAII Rl['GE SCHOOL , 1993 2001 Ple""e type or print the followjng .information: 1. 1..."" Name: . Name State piA Sue< Zip Code ;0/ A- Zip Code 2. Home Address;/ ,/ _ / tf7L..DL^~J?((?_ 3,Legal Re,idenee: .Cl!J1k 4. Principal B)'ij;,m J\.dilless: ! City ~/~o~vSJtc&vy t.A~.Jf./9-I#g~ck 5_ Home Phone: ~ 'ro:s, Phone: B-~~.a,al ?~{one: /1< / ~ / Ii - ".:l~ _ AIe }")U a regis""red "(m:r~(/I- V6-/-. If so, where are you registered?" 7. What Bo~~~ ~ you. i9tcrcstt>}in ~lI~~;,n o't)ofpcefo;rmeo: . 'W1 t7<71? H<flCl.;;L Lt-:r:Lt .. . jl.C;r~ c :V/.e~~4h Cl1:Y 5Q~ H. Fax: 8_ Li~t all Citv BOll.t:ds on whicb -you are currenr.lv sc:r:vin~ or h~vr:- previQuslv 'Senred: (TJok::;u:;;e i.nclude datr::s) . Cf.u~. - '. 9. Educational :JUalific~rion5: ~>d f1d/e( /Ro -(ZV C2.4/ /'?lO..<Q 10. List .ny rdated professional certifications ~ad licenses which you hold: 7i;4eh~~l. a/d/hC~jNJ)- -~ .---------... 7.rJllt1 &al.'l-, rCJI.u1 Sc4 ("fif(f 11. Give your present, or mosr recent e:mp.1oycr) and posicion: 5. ke/ C/6-/7;.;: of. fJr-Jffl , 7Mc/~ t.f..oA. ..L k . t-e -1) -1.3 -OJ DA'JE Note: This application w:iIl rcm'un on file in the CityCl.erk's Office fOr a period. of2 years from the date it"",-, ,ubmittcd. It w:iIl be tbe applicant's responsibi~ty to cnsun: mat a current applicuion is on tile. S\CJTI'O.F:Il.1W)Ol..iU)lA.Pl'LlC"1\1'lClt<I 10/1~/~005 1&:13 ; 1993 200"1 5616~e:3~~1 l=:ES Itj/3jlr/AGE 01 :...L1JStf~ RECEIVED CITY OF DELRAY BEACH OCT 1 BOARD MEMBER APPLICATION 32005 CITY ClERK~1 ~qt't~~S~ MLN Zip Code \D '=> (0\ J"~", ;C-~ ~t\:S -~~ 774 2. 3. Legal Resideflce: Name, \.... I ~~ro c- ~ cl:. \'~ Zip Code :')tate: 4. Principal Bu:sine~s i\Jdr :;:;: City State Zip Code 5. Home Phon~: <-."2 s ~2 l:\~<... r ~\\)d ~ 3:,00 Fa:,,: ~V:;,.~n-.. ft-- -; ~L\) css Phone'; E-Mail Addre,,: Cdl Phone: ,\'\6 , whece ""<! you registered' ~e.\(""c< l)E"'-L',",,- ~ ______________ ~ \ I,-\-"L- 6. ;~re you a regjs(er:cd VO( ? 'I ~S 7. Wnar BQard(:~,) 3I.~ you int: .cstcd in serving? Pleil'3€ list in (ll-dH ofpceferc:m;c;: "N~' ~~v.;.O\-\";'-() 8. Litir aU Cily Board::; on wlu h you Arc c.un:cndr -:;€'lVl11g (,U h'~ve previQt.l-sly served: tPlease: inclu.de dates) ~~ 9. Educ.tio~"l qu.li6~'ri0I1S: ~ & r ee.. OM..~ (; n::t6Va.\e... vJ Dl\~ Note: nal cerci.tlcati os and,licenses, which. you ho.ld: ", '( "''''"-''''''7 l-'~\e..; Nt$\::. 5eC""'\I~ l-\'~e-- tsV5",",-~5 \)evd..sf~ 1).,-\TI; -nlain 011 file in the Cil:Y Cluk'5 Office for -~ p€riod of 2 years fr01Tl the dare::: it was be applicanr's respol1sibjlity [(l (;:11$urt: dl~t" CU1;'rc.nc applic(tlion is on file. $\(T,\" (LI'Il- K\RO,o.~,P\A'" Lie.., TI()tJ HANSFORD N. mGGINBOTHAM 920 SUNFLOWER AVENUE DELRAYBEACH,FL 33445 (561) 499-8331 CORPORATE FINANCE & INVESTMENT MANAGEMENT EXECUTIVE 199O-Present Independent consultant to private and public companies, advising on matters including capital structure, debt and equity financing, management dynamics, mergers and acquisitions, strategic planning and marketing. Record of achievement introducing new concepts and services to clients, turning money-losers into money-makers and capital creation approximating $70 million. Concurrently have held contractual relationships with NASD/NYSE member firms for providing securities brokerage and financial planning services for my individual and business investment clients, Member firms include Old Dominion Securities, Questar Capital, Round Hill Securities, Northeast Securities and J. W. Genesis. Client assets under management have exceeded $36 million. ACTRADE CAPITAL. INC. Regional Manager 2000-2001 Responsible for management and sales growth of this public, international company's Southern Region, I was credited with building the Region's annual sales volume to over $23 million prior to the Company's decision to consolidate its operations and close this office, PIONEER PRODUCTS 1988-1990 . Marketing Manager Assumed marketing and P & L responsibility for the 150+ consumer and institutional products of this General Mills manufacturer. Credited with the creation and introduc- tion offive new brands (11 sku's) during an aggressive line expansion. My efforts contributed to two years of record company revenues achieved within profit guidelines, EXECUNET COMPANIES 1984-1988 PartnerlGeneral Manager Created and developed unique enterprises providing consumer and business services through these successful companies: Execunet, Home Office and Memorybanc Inventory, HANSFORD N. IDOOINBOTIIAM, Page 2 DEL MONTE!R.J. REYNOLDS FOODS 1980-1984 Region Manager and Division Manager ultimately responsible for $50 million in annua1 sales of a 500+ item product line through direct and food broker sales forces. Wrote and implemented operating budgets which included personnel, operations, local advertising and marketing, trade shows and trade promotion. Managed the regional merger ofRJR Foods with Del Monte. PROCI'ER & GAMBLE 1973-1980 Distriet Field Representative and Unit Manager in the food products division, Managed sales of up to $15 million through direct representatives and account managers, Recognized as my district's Top Unit Manager in 1977 and 1979. Consistently ranked among the company's top managers in introducing new items and brands. Developed successful college recruiting programs at South Carolina, Clemson and Furnuin Universities, MERRILL LYNCH, PIERCE, FENNER & SMITH 1970-1973 Account Exec:utive Sold investment securities including equities, fixed income, options, mutual funds and commodities. Branch office l~er in opening new accounts. EDUCATION/CERTIFICATION BA, Liberal Arts, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee Series 7, General Securities License Series 63, Uniform Securities Agent State License 0< .;". d.e_ fuIk 'Mf'~iJoo:: ;&1J~fl L Z h,vv.. llJJooz ,=~ __HO"Yj~~___ CITY OF BELRAY BEACH RECEIVED BOARD MEMBER APPLtCATtON SEP. " 2005 ITY CLERK l>(LB , Cod: , tJ- Zip COd" 33145- ZlpCa<k \\1 f\ 89/19/05 .ON 10:1$ FAX 561243$774 ~':B~.IPt -+D~ \J QV\~~e Co blJ' ---l*I- - 'llltl -I!l93 2001- L State . FL Sw\e- - i\J(f\ CdlPhnoG: -Fi<: rg;~~~fia<Jiaos:D.. \ ~- 11 ~;fu,Vlj'~'1 ill l -. - U. 1'\. ~JtLL~-<>~"tl'^ IIV\,1\_ . to, List any .mIated pr~-~~~ 1Uld~ '"i.idq"" hold, of.'oF 'De~~ De In IV I.-cuu cR vN<'lvt Tn ~IIj.-1 >-l~t rlrWCIIIT}j :-):-:-J~:-QTQCT J!:- :~.O cnn:-/C.T /':.0 DURAY BEACH ba.d AIWImeI1caCily , , II J! 1993 2001 .L~'I ~tr'~t!/1gfI21 012/ fit4,? v$'1' C. /$ v CITY OF DELRA Y BEACH fry' <'DOS' BOARD MEMBER APPLICATION 11 c{~~~.. / / [r !~/'<I70Y~Gj. -5 ~ d-~t77 Please e or rint the followin information: 1. Last Name: 1)1-&/;/ 2, Home Address:,#' ['?-t {: if O~ 3, Legal Residence: ~ 4. Principal Business Address: Name M.I~ ~jo't: Zip Code W~ Cit2> [.c..~ dF4c-f1 ~ City State City State Zip Code 5, Home Phone: Business Phone: E-Mail Address: 1~38 35/7 myot'hn,a.@o..u! /'1 6, Are you a registered voter? i u If so, where ~~e!1ifi~} -ru,,<A),A 7. What Board(s) are Y93:! interested in serving? Pleas.e.J.istin Qrder of preference: ,N"E! 4f3o/f'/Ioo:t> /h..)V!,J 0 c.oci;Y~./L Cell Phone: Fax: v-t/b3,ft2- 3 fX-ffedif {!OJ? ~Hpl 8. list all City Boards on which you are currently serving or have previously served: (please include dates) ~ ~ 8 9. Educational qualifications: . '":) /1h ~\f' ff'-'C!ZYiYrf/7N' /?"W 4 10. List any related professional certifications and licenses which you hold: 11, Give your nt, or most recent employer, and position:.--r;J~ vn -r:::. t'e.([J7';L.1>II('~70j( /fr7:. /' Ie? rR<-{L- Y- "OAS' ~t"h"I(!/1"h- ..?OO/.<JUA'I>' . "ff<-iJ -/ ,J~/oo #o1-J~P4 90# 12, Desctibe experiences, skills or knowledge which qualify you to selVe on this board: lease attach a brief resume) )U-e- a certify that all the above statements are true, and I agree and understand that any misstatement of material facts . s application may cause forfeiture upon my part of any appointment I may receive. J'ft.yW DATE , Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on ftle, S'C1lYCLERK.\BOARD\APPLlCA TlON / rY7 /;j/:J. / ff) /~3 I moved to Delray Beach in 2000 not sure if this was the community my husband and I wanted to commit to after living in the Northeast for most of our lives, While the transition was not easy since family still resides up North, we found ourselves welcomed into a city that is a microcosm of what we think America should be - a blend of peoples of all ages, races, and economic groups. A city that has pulled itself out of doldrums and is a relatively safe and embracing community complemented by the fact that it is sitting in a beautiful environment. We found that we became more active, looking forward to enjoying the beach and parks and attending the many events held in the city, We take pride in the fact that we call Delray Beach home. I am sure many of you have seen changes in this city in the past years, but the challenges the future holds can be daunting especially in protecting the assets that make Delray Beach an All-America city. Just drive down Atlantic Avenue and not only can you see the changes in the city but you can feel the changes, While I have no experience sitting on advisory boards to a city, I feel compelled to offer what I can, to assisting the city that we now call home in some way. I am a well educated woman and spend most of my professional life advising healthcare organizations how to better their businesses, so I am confident that some of those skills and experiences can assist the challenges facing the residents of the city and those elected to manage Delray. I am attaching a professional resume to assist in your review of my application, Thank you for your consideration. . Lynn Klein LYNN J. KLEIN 114 E. Lee Road Delray Beach, FL 33445 RECEIVED MAR 2 5 2005 CITY CLERK myoptima@aol.com Home: (561) 638-3517 Fax: (561) 638-6223 CAREER SUMMARY A healthcare, business management consultant with extensive experience in the public and private sector. Areas of expertise include: Mergers and Acquisitions Corporate Finance Forensic Accounting Business Integration Financial Analysis and Modeling - Process Improvement Due Diligence Cash Management Business Development Ability to improve efficiency through systems enhancement and re-design as well as through selection, installation and maintenance of operational and financial computer systems_ Ability to manage multi- functional projects. Self-motivator with exceptional interpersonal and communication skills, SELECTED ACCOMPLISHMENTS Financial and Ooerational Business Consultin~ o Created and implemented a comprehensive restructuring of all purchasing and accounts payable functions and systems for a $250M healthcare client to achieve projected savings in excess of $1 M in first year, reduce processing backlogs from 90 days to 3-5 days, reduce payment backlog from 120 days to 30-45 days, and provide on-line reporting to branch locations, o Created financial models in EXCEL for cash basis $16M service client to convert cash financial statements to GMP financial statements for timely reporting to publicly held parent company, o Created a customer usage model that analyzed 10 years of data for a $20M service client, o Provided all operational and financial business integration for 12 practice acquisitions for a $50M healthcare client including systems conversions, o Assisted clients in the identification of and evaluation of potential acquisition candidates including preparation of financial and operational due diligence, o Assisted two healthcare clients in successfullPO's (in excess of $100M) by providing financial consulting including audit management, pro forma compilations and prospectus disclosure. o Created financial projection models for a $250M healthcare client contemplating an fPO. o Prepared business plans and assisted clients in accessing investment funds. Industries include pharmaceutical, retail, healthcare and e-commerce (internet web-based business). o Installed a customer service call center for a healthcare client that included the use of help desk software to manage staff's ability to assist customers, o Wrote policies and procedures manuals and practice orientation manuals that covered all company functions for a $50Mhealthcare client, o Created a medical record audit program that used a team ofdinical and financial professionals to review a hospitals billing and medical record compliance to Medicare regulations, o Wrote business plan and assisted in securing the initial $2,OM investment for an e-commerce business, Provided operational and financial consulting while acting as CFO during the product development phase, Tactical Finance and Accountin~ o Prepared financial statements and financial packages for Board of Directors and Senior Management in a $l00M healthcare company, Coordinated all financial information to prepare for annual audits, o Performed all controllership functions including monitoring of accounts payable and payroll processing and approved all cash disbursements and bonus calculations, Reconciled accounts receivable and monitored reserve prOVisions, Coordinated and reconciled physical inventories. Oversaw operations of accounts payable, accounts receivable, purchasing, payroll arid general accounting areas, Lynn J, Klein Page 2 . Instituted standardized controls in accounting throughout a $50M region by writing and implementing policies and procedures to comply with the provisions of the Corporate Audit Committee. Standardized accounting forms and coding to facilitate month-end closings and developed account analysis books to provide details of monthly balance sheet activity, . Consolidated two $25M regions within 90 days without interruption to financial reporting, cash disbursement and payroll. Consolidated multi-state banking arrangements into several major geographic bank hubs increasing cash investments in REPOS, reducing bank fees and establishing strong bank relationships increasing service to field operations, . Monitored multi-branch operating expenses and recommended reduction and cost savings measures to senior management to obtain acceptable branch profit margins, Monitored aged AIR and DSO changes and provided senior management with monthly reports to assess early warnings of potential bad debt exposure_ Manallement Information Svstems . Selected hardware, customized software by designing input screens and reports, and implemented an audit trail to convert an outsourced accounting process to and in-house system which resulted in a departmental savings and more timely and accurately reporting, . Utilized database management and mining programs to identify and monitor key business drivers and created daily real-time reporting to operators, which assisted in day-to-day decision-making. . Upgraded the accounting system to resolve an accounts payable backlog that reduced aging of open invoices from 75 to 30 days, . Converted regional office from a single-user system to a Novell network to facilitate accounting processes, provided more timely information to field management and accommodate business growth, Implemented an integrated payroll system utilizing ADP products to create labor analysis reports for field operators, which provided employees with real time compensation and benefit information, . Selected to chair the finance team of the MIS Strategic Planning Committee of a publicly traded healthcare company. Established definitions and requirements for a multi-million dollar systems conversion, PROFESSIONAL HISTORY INDEPENDENT HEALTHCARE CONSULTANT, Delray Beach, FL 1994 - Present NOVACARE ORTHOTICS & PROSTHETICS EAST, INC., King of Prussia, PA 1990 - 1994 Controller Responsible for all financial reporting in a $110 M division of this publicly traded healthcare company . .with 55 branch locations, Supervised a staff of eleven. GOLODffi TRADING CORP" New York, NY 1986 -1989 Finandal Reporting Manager Responsible for all financial reporting and cash management for a $300M privately held international commodities firm. Reported directly to CFO and partners, Supervised a staff of thirteen, EARLY EXPERIENCE "Big 8"audit division and private accounting experience in real estate and brokerage/commodities, EDUCATION AND PROFESSIONAL ORGANIZATIONS Penn State University - MBA (1999) - Finance St, John's University B,S, Accounting (1980) HFMA Member - Healthcare Financial Management Association, Florida Chapter Volunteer - Membership Committee, Professional Development Committee All-AmeltcaClty ~, III! 1993 2001 I~ftf/~ (}%~ l1R. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ;zpiJ{;. 3/, /1' {/t ~/-/Jr Le L-1o r It: DELRAY BEACH # , <l .. . 0 " ***** 2, infotlrultion: 1. 3. --- 4, City State Zip Code 5, Home Phone: Business Phone: ~ib'lt}drelrs E Cell Phone: Fax: .c~ If so, where are yo 11, I hereby certify that all the above sutements are true, and I agree and understand that any missutement of material facts con7~ in this appliton may cause fotfT~l1upon my part of any appointment I may: receive. J!JIJrid~dMJRECEIVED idNATURE DA DEe Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's respoGi/:>~ (i;l~at a current application is on file. s\ClTYCLERK\BOARD\APPUCATION 1rY1 ID\I~ infottruttion: ~('~(f~M 1/ rOJ-/1P) CITY OF DELRAY BEACH _ , ~D BOARD MEMBER APPLlCATIQ1t.CE\ J ~\.lG '}? 1\\\\!j E.~\<. C\1'< C \.. t.L~ Zip Code 35L/~ Zip Code 3.3'7 Zip Code Name l-j\L) DB..RAY BEACH .. . 0 . . . ... ***** fijir 1993 2001 1. 3. Legal Residence: City ~ City A State FL 2. Home Address: <;2) 4. Principal Business Address: ~~ ~(.i,- State R- State 96 ~ ~. E-Mail Address: City ~ 5. Home Phone: Business Phone: Cell Phone: 'R- ?, ?1...{3) Fax: fJfV) J,L> If so, where are you registered? 7. What Boardes) are you interested in serving? Please list in order of preference: ~. r have previously served: (please include da 9. s C!)~- p./iA/. /11&(.' o,r-- &r.-!>.-\ -c..A o.l\ ~ tJ, ~ 11. Give yow; present, or most recent employer, and position: . 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) ~ I hereby certify that all the above statements are true, and I ag1:ee and understand that any misstatement of material facts contained in this tion us eiture upon my part of any appointment I =y ;"Z~S-- DATE Note: This application will retrutin on file in the City Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CfIYO.E1RK\80A.IW\APPUCATION Nicholas M. Loeb mnIoeb@aol.com 2255 Glades Road- Boca Raton, Florida 33431 suite #223A- (310) 384-6425 ";, PROFESSIONAL EXPERIENCES 2002 - Present Nicholas Loeb International Boca Raton, Florida President and Chief Executive Officer Los Angeles, California . Founded a real estate company to purchase and remodel properties. Have already remodeled and sold five homes. 1997 - 2002 International Production Company Los Angeles, California President and Chief Executive Officer . Incorporated and managed a company in the film, television, and media industry. Devel0pe4 and produced major motion pictures. . Secured financing of $500K, developed, produced, cast, 0'W'ni7ed, managed and sold the award-winning feature filrn, The Smokers, to MGM, which has grossed over $5 million to date, Quincy Jones served as Executive Producer, and Dominique Swain (Lolita), and Thora Birch (American Beauty) starred in the film. . Produced, organized, managed, secured financing and setup several episodes of an award-winning documentary, The Living Century, with the Independent Documentary Association, Barbara Streisand served as Executive Producer, and PBS has aired the show. . Assisted in casting. scouted locations, and raised funding for the independent feature film, Absinthe. Summer 1997 Primary Colors Los Angeles, California Production Assistant . Secured movie set, and provided and o'W'ni7ed extra actors for the feature film starring John Travolta and Emma Thompson directed by Mike Nichols. Developed necessary materiaIs and contracts for actors and film management. Summer 1996 Universal Studios Universal City, California i Corporate Development, Motion Picture Finance (Internship) . Set up databases to produce information as requested on genres by categories for gross sales. Assisted the motion picture group with analyzing financial data. Scouted and researched actors for future Universal projects, EDUCATIONAL ACTIVITIES 1994-1998 Tulane University A.B. Freeman School of Busines.s Bachelor o/Science in Management; Concentration in Finance . On-Campus Orientation Coordinator . Division 1 Track; Javelin New Orleans, Louisiana OUTSIDE ACTIVITIES AND INTERESTS . Council of Trustees for the Republican Party of Palm Beach County . Member of the Boca Raton and Delray Beach Chambers of Commerce . President of the Republican Club ofDelray and Highland Beaches . Centre Kids Committee for Center for the Arts at Mizner Park . MSBL/MABL Baseball Player; South Florida League . Deputy Sheriff, Los Angeles County Sheriff Departtnent . Board Member, LOs Angeles Sheriff's Star Organization (LASSO) . Vice Chainnan, Sonoma Loeb Wmes . Member, Host Committee to "Starbrigbt Foundation" . Member of the "Nicholas Committee" to support theNew Y orlrers for Children (NYFC) . Member of the Escada Heart Committee . Volunteer Wrestling Coach, Santa Monica High School . Member, Screen Actors Guild ~t~ ~. M~ . r~_~ - 1 ~ I J J! 1-993 . 2001 to 6, V~J'liee___ C:Uhb ~ I 141003 -- (!AC{-/-e/?d~ ,- , RECEIVED CITY OF DELRAY BEACH OC1 , :I 'lIlIlS BOARD MEMI!ER APPLlCATiO~rr'{ CLERK N(IJ!O? Clrr cLERK_ 10/13/05 THU 09;01 F~ 5612433714 \L i I 2. H="'~.... ' ' .. S~, .Z, - ~, ,~' I r R - '3"tUO~, ~ol~<lR\! _ ()..I?t-, C'- :f-1<:.. ~ ~ ~ ~ . Sl1te ZipC~ ' ~O tt;('_ e.. Y Clr~t'I(~lA , c,kv,,- F _ B341-f') 4. PtiocipalBusin=~: Gty ~ \l' I~ I Si~"'I! _ ~(Coa.A'e to t jA 1'-1 L f\J [\ f0 5- H~ Phono: '. B"1""" p~ E-MdAM-..; . c..n Phone: F= G ~1- -isb-<t Ie , i ~rfl \ Iner€,jl\ ItJOq 54-):-7-)l 't.6; '?J l--).)"1 ;;L "I ~,,'. ~JltlU..tegistett;dvOtlef "1-eS~~~=~.~~f;:l'\ti- -=tIS () . W'-_~.;l(')"'CYOUinwfoo1k~l!J.=elis<i4=dccofp 1 LL\ \ II Ust all City ll<-.<l. on " fUU = autendrso:Wig or ho."" pr I , , I , - 1,,-- 9. P.dua.aon.I ~'N1ih_k~ " C-.. ,\\-_ . i .X(-2 . C\. wh~ i - _Iut Tht aay.-....lJlmd profe;sk,t <=li6atiam auJ.li=~ whi.ch. y<m hold: Sc 'i 0: "- :e-cL, ' 11. Give]ow: pm$enl> ouno n=nt employer, snd pooiriOll:: ' I , ' , I I t S ~'(~le..: 0. .. '\={O ' '-\N ,~ 'I( ~..!:> ..' D~~ o.{? ~ I'..... .....""......,. · = -..., -................. ~"........... ..............."(iJisibis "P~~f~"P"" ~p~"f--J "l-F'~""'='\~0["""'X _ ~'- , '141// ' . 5 . P"r' :~ F lz...f/\....). , ___ l'b () :SmNA= ,~ ,DA'IE , ; Nom, -This "'PP~ -.riIl~ 6l:1 file in the'Giy Oe.k>.. Office for.. period of2 J"<2'" from ~ dill< it ""'" ~ I. will.be <h~ .umliam"~ !._..>u~~,,dh;);!f" W ~~*-,.." o:v.rr-rot~~~"'~n h = &. :..... ..{'" "- ~~1~ , - I I I Hl 39\1d Cl3t Il IW9N r:~ ;:;L;:;;:;Lf9T9~T L;:;:80 ~00;:;/U/0T . ~ Bill Milner 3400 Place Valencay Delray Beach, FL 33445 561-637-8896 Professional History 2001-Present US Census Bureau- Field Representative 1999-Present Pre-Paid Legal Services, Inc. - Independent Associate 1996-1999 - Mustapha's Wadi Catering Services- Co-Owner Education B.A, Interdisciplinary Social Sciences, USF, Tampa, FL lean make a meaningful contribution to the Neighborhood Advisory Board for the following reasons: · I understand the need for and the mechanics of building consensus .. Ability to work effectively with people from all backgrounds . Aware of the interests and concerns of our business community . Conscious of the limitations and the possibilities of public policy · Empathetic to the challenges to homeowners of modest means . I know what makes a community attractive to outsiders and welcoming and comfortable for its residents O"iAAYBEA.CH ._ to:.. v. It. .. ...**** i"fjfi! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION PI (jttovl)/- E~. ;zJMS' ;17 ease tvne or nrint the followUu< infonwl1ion: 1- Last Name: AJewe/! Name /.J'<j" M.L f eE- 2. Home Address: .-JE ;).,.;j City v State Zip Code ;}.gQ AUe {)eJ,aq ,(5e=h rl '3 J y"('( 3. Legal Residence: City I Srate Zip Code S&->VlP 4, Principal Business Address: City State Zip Code .so Vl " 5, Hotlle Phone: Business Phone: E-Mail Address: Cell Phone: Fax: l'.}or] d 18- 3o{8' 6'1,wJeffJ ehofJ04a:L., iJlflt'fJ-331/ 6. Are you a registered voter? Yes If 50, where are you registered? tf), ~A e.lf"-4 7. What Board(s) are you interested in serving? Please list in order of preference: I . /'k-f.7n;/l'J- ~Aj ? . /.j0cJI. AJei<J(~dr(<$Jj I'JrflJ'~.f' CG'</lc:! :;:k /'fa., f.e1J1'e li L..-cn J /1 q 8. . Ii~t~_?ftyl'loa:.dsO":."'luch y<J. are cun:en~yserving or'ha..-e previously served: (l'"lease include dates) -.-- . .... 9. Educational qualifications: cd!~ t:u'1ji{. qC d:c~<fr! A.A, or: .o""a5F' / {L,;(JNS"j, I V I I I 10. List any reI..ted professional certifications and licenses which you hold: 11. Give your present, or moSt recent employer, and position:.o; /. /(. {' o./I't- a. ,J Ire,--: /CeaftG! "I 12, Describe experiences, skills or knowledge which qualify yon to serve on this board: (please attach a brief resume) I htreby certify that all the above Statement5 are true, and I agree and understand that any misstlttmcnc of material faces con~ ar;;;;;py ~use fOrfeihJ;;~ ~I~~~ny apPointtn~~;~;tiV~' . ~NA 'JAN 05 2005 DATE Note: This application will remain on file in the City !=Ie!!,<.:s.. gffice for a period of 2 years from the date it was submitted. Ie will be d,e applicant's 1@pl~i1@;~IiJi~w:e d-.at a current application is on file. B oft . S.clTYCL5"""OAlIDW"rLlC-'UON Bryce NeweR 230 NE 2"" Ave. Delrav Beach FL 33444 Home Cell E-mail (561) 27&-3068 (561) 843-3311 bnewellllalhotmaitcotJl PROFILE Marketing and sales execu.tive with 6 years ofhigh level outside sales experience, vtith a proven traok record in developing new business &D.d driving revenue in leading edge technologies.. Strong analytical, Q"e8tive, and communication slalls developod through ~igmnent:s in strategic planning. marketing communicatiotIS., productlaunchGS, IUld naining. Excellent lead=hip abilities demoDSlt1l1ed by delivering rosults through highly motivated and imaginati~ t03lDS. Professional Exp.,knce FDN Communi""tiollS; West Palm Beach, FL Senior Account Executive 4/04-Preoent Provjde da1a products and services to business. dJcousJ:1ou~ Florida and Georgia. Ptirn.ary focus on international multiple location corporations relying on high use data transport. In the top running for rookie oflbe 2"" half of the year award, McLeodUSA; 0aId>r00k, IL Senior Account Executive 3/03-2104 Mid-Market toleoolllIIllDlications sales position in greater Chicago land area. My responsibility is to acquire new Business only, Services consist ot PRI's, n's, VPN's, Frame Relay and Wireless. Typical month includes running approximately 15 new appointmentS, resulting in d to 6 order; J3llging from $SO!) to $3000. ClearOne CommnniOltions: Westmont. n. Senior Account Man3Jler 7/02-12/02 Videoconferencing Specjalist position,. brought on fo esT3hlish market s.hare in Chicago_ Company provides end.w-end solutions for video. audio and web cQnferencin.g services. Primary <uslomer focus is FortUne 1000 ond Higher Education market. Tandberg, LLC; Chicago, IL Regional MarulJ!er 8/01-6/02 Responsible for selling TANDBERG Videoconferencmg equipment to Education and Medical Agencies. Partnered with consultants and system integntor.; to provide the customer with a complete solution, Current territory coos;"'" of Illinois, Ind.ia.. and Wisconsin. InView; Chicago. n. Business Develotmlent Manal!:cc 10/97-7/01 Worked with equipment dealer;, system integrators ond tele<oommunication companies to develop new accounts, Increased company revOGue by 20"4 by creating . partnership program. DeVeloped wotlcing relationships with system integrators, equipment manufacrures lDld telecommunication companies. Consulted with IT and Telecom Directors on Videocouferencing services. CSC Office Antomation; Rolling Meadows. IL Maior Account M"nA""'" 2/96-9/97 "EDUCATION 1991-1993 1993-1995 A.A.. Business Management. College ofDupage, Glen Ellyn. IL as, Business Administration, Loyola University, Chicago, IL ".....,. I ,-..---. I CITY OF DELRAY IIEACH ~ .1),..,:,)[;113 BOARD MEMBER APPLICATION 5-;J9-~tP Please ear rint the followin information: 1. Last Name: Name v.eJ ~ -S 2, Home Address: City State tf>'? -:>c.U l? T ~ -:;--h.. .u::r 'De...t e:. .ea f'/. 3, Legal Residence: City State -5 ..e. ..:; <t L4i .e.. 4, Principal Business Address: City State Zip Code ?Q.\olf1-e.. 5, Home PhOne: Business Phone: 00.., e.- S Q. IA-t-<- E-Mail Address: Cell Phone: "'-1,4-14. ~q~3 Pax: - 7, ~ \Te Plal1 A..-a..c.<. :fi!>J.. 8, List all City Boanls on which you are currendy serving o( 9. Educational qualifications: ( 10, List any related professional certifications and licenses which you hold; ..c-e. ~ tJ u..cz... dJ,..14 12 Desc . ~ 4>ffk I hereby certify that all the above statements are true, and I agree and undeJ:stand that any misstatement of matecial &en; contained in this application may cause forfeiture upot! my part of!niy appointment I may receive. ,(Idlc.J ~~ UJ44- DATE. Note: is app~lcation will remain on me in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure 1hat a current application is on file. fl ~Y~~~T~ cC . Samuel Resnick 2835 SW 13th Street Delray Beach, FL 33445 Ph# 561.330,8419 Resume of Samuel Resnick 1, Education a) Graduated from City College of New York in Aug. 1949 with a Bachelor of Civil Enginering Degree, b) Completed various courses in Building Code Administration and code analysis. Theses courses were given by Building Officials and Code Administrators, International, (BOCA) 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass" Vermont, Delaware, Pennsylvania, and the National Council Architectural Review Board. c) Certified as Chief Building Official by State of Connecticut in 1979. 3. Organizations a) Was member of State of Connecticut Codes and Standards Committee from 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the construction panel of The American Arbitration Association, d) Member of the Palm Beach County Board of Education oversight committee on school construction from 1995 to 1996. 4, Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official. d) June 1957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 1957- (except for two years in U,S. Navy and three years in enginering school) worked for various architectural and engineerin~firms, '4e'~~" . - . - - ,- -' ," : ~' . -- .'- . -,. .. : . - - . , '- " , " ,-' -', . '-, 0,_, _' " _Cd_ ,_". ,', _ - ~i.~~~;';J~~?:~;~;ii::it0t~t~:~~tf~t;i(iij.~t.!;;ti<~:i:~'~'::;~' QFflCEiQFTHEMAVQR . FRANKJ,E$f>QSITO.MAYOR F~l;l.ty :21,:1:995 . TO lffi9':'l:"tMay COllCern: . ---- - ...> ..-.- . ;0",.."--,---,,'- '0 '.' " ; _' "". ,- . ".' .. ;$l;l....~t4'~d f:r:ollltne . City in 1.~86~ft~~Yl:t~()fserv-i.~~aStheDi.rect9t9f: 'tJ.1$'\'l~pa~eTrt...'of Code. ..'~~O:t'~~Wl"t........:ti:1','.199J.::t:\~~~;:t:\i.'r~baC~....tO-tllliiC;~~..' ,:gt\.~~:t'();eJlI~llt .....offiee..a~ ....~...1::0~l':lu;t'l;;~nt.....~~r-.:.~.triJ..~y;l'ia;:~~{~~~tt/.;t~..i;l.~9.$:.ttl..)I:~~h..'" ,;.i.,.l:99S".}~ ..During tlii-s'tiltl'a. Sl;l.in'sduties~in' aaditiontod'bE!Jiig~" "rJJ.':r 2C?I'\$ultilllt. W'ereas follows; . . . . . .. .,-' ;. AAa11zedthQ!?Pet.'ati<m. Of',.tliel)Eipat~~t#e coge~~orCeilletlt.<\l)~ . ~aist~. .."theDireCf;orof 'cQ(;i~fihlf9~E$l\Hitil(Su'i;l.,tllngc~r/' tMliirpretati'<m.s.. . . .. . ">' 2. 'qi~~""C90l."d.tn~:li~~'.f9r<the.~~i~nl:n.t:hQ'tSabi.ltt::;yiJ\.Cf; J~), ....... .~:t~: all .ci"tYb'Ui1di.ri9"$;;"itigludj:Wstib~1r;;...'f6rcOlllp:1ian:ClQ"W'tt:hAl)A. . '1\l;Sl)~ .... )prepared the Trans.i't.ion 'P1M$$ha.Z"i1l9111Q""thQd$~COS"t$tb 'ctllilply'w1th .i\Pl\. ":;l~ ~<l'tayo:t ~$ Li~isbn .t:o.tne~Q~llt$ch~l tiui1di~g~olillllittee w1iEii:~irilill: eo~itteelllee"tings w-erei!l.t"tMded.<< '. .... .... ." . ..... ........ ',' . . . . ,- -. ".-,' , C1tytEll?resentattvetor.i;.hec::tIhs~6tl'()noftne .C()n'C~;lIal.l' .. at city . HaUand....remiit!?t:wa"t&r....ql;U\lage.......at~.w. ay"tonscboo1. '.. o _ _ ,'_. 4. .: "'$. .Coc1ElahdcostanalY$i$Clfva#6\1~. S~lIOblalt.~atlons~aadi"t4:Qnwdfkt ...J%;il~~~~~~t~=~~~~~i~\r:i~~~~0h~~:-!w;j.r~7;ji~~~~~i,. .,~;Pr:6tessi(:lllal f.i,eldahdtb,e9ity, ..... '. r)~!~=~~ti~t~~i!i~~~l:Fi;~~:~~t.~~tf~~Jiil~~~i~!~i! j2an:Y<>:r9al'illla"ti()n....;:ith.Wholilhe:wcQi!les:l;l.$sQtd.,/;l"t~d. . ..' . .~~::.- '. -, ..". . . ';.-; , -. ,-," . t;:~ind~el.~...... ...... :....-.;~ f'Q$'t'O~l;lc2' e6x.51:l5....~EASTAvEN~*'Rl!iA~;ct(1ll~~t<#.ti:\;t;Pt;Qt-ie.2;,ci.."",i1<l1. . . -'.- -..'-,",-,..-',-,..'-,..- . '- "-" . -.'-.'. ,_.- -- .-.--- - -'-" ,"--' ifiir 1993 2001 ;Z'OjU~, '. . (j; / !Y12d:!'fp;- CITY OF DELRAY BEACH 4p. E::/~U BOARD MEMBER APPLlCATIO~ If> 0 ! II), 11')., 'OS C1.. l:191f DELRAY BEACH , la_ . 0 .. ***** Please information: 1. Last Name: S'c NJV~ I DtyC. 2. Home Address:ij I 3. Legal Residence: 4. Principal Business Address: )";()vY\6-- Name N .I (<'v C v City b (-Iv Ix Aclj City Smte City Smte Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: '5(P{ ~6S~)'Z,)b Jor72..o t;fJG'I 6. Are you a registered voter? & S If so, where are you registered? PC~ 7. What Board(s) are you interested in serving? Please list in order of preference: j /L ,j rb/6l-/ l'l. nOi1j) fJ LA>> JV/ No t Jf.! / jJ& PAfv/0 yJ G- /'v1 6 T C'J.M/l'-U IT /2iVtvlf 0 IV! 0 (6V'-/ ~ 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) I/)),Jr ~r/AT.o cftCU..-J'u <;;5";J~:z.(>v5l2.-"o -~AvL(iI-L.OOr =--. C U,1.JUAI1L-. jJ I p)J 'M-:J f2A (I ~ kr;: lJ:YrtJJ..J, UVG IN r:v.;.. w4tv <f fic (-NVdiYill ,{.,I fJl/)'1..10 i/'fL-!: t ,"t-JVI 6~ D (Lh / I hereby c' at the above smtements are true, and I agree and undersmnd that any missmtement of material facts contain\ed in ~PPlication may cause forfeiture upon my part of any appointment I mal}e~e. lt~ --- D!t(/J Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYCJ.liItK\BOARD\APPUCATION .,. Oelray Beach b.fad ifiW W) ZOOI CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION ftoj'ctr; ~we. ~hI;U- 7;"'-//kt~ ;tj)~ (p Please type or print the following information: 3/3/~7 1. Last Name: Name MJ. Smith James IJiml E, 2. Home Address: City State Zip Code 1225 S. Ocean Blvd.. #202 Delrav Beach FL 33483 3, Legal Address: City State Zip Code Same as Above 4, Principal Business Address: City State Zip Code N.A. 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 115611330-6798 N.A. 'ameseiimcharll'ilaol.com N.A. '5611 330-6798 6, Are vou a registered voter? Yes If so, where are von registered? Delrav Beach, FL )7, What Board(s) are you interested in serving? Please list in order of preference: Neighborhood Advisory Council 8. List all City Boards on which you are currently serving or have previously served: (please include dates) PedlBike Task Team - 2003 IChainnanl, Elder Readv Task Force - 2002. Please see attachment. 9, Educational qua1ifications Florida State University - Bachelor of Science University of Miami - M,B.A. 10. List any related professional certifications and licenses which you hold: . 11. Give your present, or most recent employer, and position: Retired - Fonnerly VP of Finance I CFO I Controller Unen Suoennarket I L. Luria & Son I Miami Herald . 12, Describe experiences, skills, or knowledge which qualify you to serve on this board: (Please attach a brief resume.) Please see attachment. I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forteitore upon my part of amy appoinlment that I may receive. ~'" ~ <;.,...., March 30, 2005 ,eCEIVED DATE MAR 3 1 2005 Note: This application will remain on file in the City Clerk's Office fora period of2 years from the date it~T Y ""I ERK submitted. It will be the applicanfs responsibility to ensure that a current application is on file. V I lj ... Delray Beach b.i'td 'i1W big) lllDl ATTACHMENT: SMITH, JAMES E. CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION 8. List all City Boards on which you are currently serving or have previously served; (Continued,) As Chair of the PedlBlke Task Team, I provided leadership In preparing a 250 page detailed report, an Executive Summary Report, and a PowerPoint presentation of recommendations for the City Commission. Unlike many other City committees, the PedlBike Task Team had no turnover, and encouraged and received public participation. 12, Describe experiences, skills or knowledge which quaIuy you to serve on this board; (Continued.) ~Attended the first Derray Beach Residents' Academy, ~While a member of PROD, served on Its Board of Directors, ~Established 'Walk A Child to School Day" in Delray Beach by promoting and coordinating the walk at Banyan Creek Elementary in 2002, at Pine Grove Elementary in 2003, and obtained a commitment from the City to sponsor the event in future years. ~ Discovered an available $100,000 grant and let the City know how to secure it. ~Convinced the Florida Department of Transportation (FOOT) of the need for adding an additional traffic light and speed limit sign at Casuarina and A1A in 2001. ~ Persuaded FOOT to fill in a sidewalk gap on Atlantic Avenue in front of Bush's Restaurant in 2005. ~Supported the City's effort to pass the Parks & Rec Bond Issue by speaking out publicly and writing "Letters to the Editor". ~Encouragedthe City to acquire the Carver Square "sinking homes" property. ~ Promoted and organized a "Beach Clean-Up" in November 2004. ~ Founded SAFE mafety ~ fOOT Envisions) and campaigned for a complete sidewalk on the west side of A1A from Linton Blvd to Bush Blvd and for bicycle laneS, ~ Persuaded the City Manager to assign the duties of a PedlBike Coordinator to a City staffer and to nominate the staffer to the Palm Beach MPO Ped/Bike Committee. other volunteer activities and hobbies include: ~Sea turtle monitoring in Highland Beach Zone 5. ~ Special Events for the Norton Museum, ~ Vegetable gardening, other skills: Computer spreadsheet and PowerPoint. 2. information: /1!/7/tlfe . . . . tJ H /..funt Jj~Pi.J. CITY OF DELRAY BEACH t 7"I)Mf~ BOARD MEMBER APPLlCATIONRECt='~~N NO V 1-2 200{ /- ERK M.I_ ( Zip Code City . D~ City DElRAY BEACH b*Zti AI A _IllaCily " II ,! 1993 2001 Please 1, 3, ~ 4. Principal Business Address: City State Zip Code ~"N2..- 5, Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: If so, where are you registered? r- ,-L leaseJist in order of reference: 8. Ust all City Boards on Och you are currently serving or ~ 9, Educational qualifi v 10, List any related professional certifications and licenses which you hold: ~. "" I hereby certify at all the above atements are true, and I agree and understand t ny ffi1 tate c~ed in this .application may cause forfeiture upon my part of any appointment I may receive. (\\.1'-\ n~, ,.\~ It,~ill . \ \ \ CI~ l'\ ~ SIGNATURE DATE Note: Ths application will remain on me in the City Clerk's Office for a period of 2 years from the date it was submitted, It will be the applicant's responsibility to ensure that a current application is on me. I S<;nYCl.ERKIBOARDIAPPUCATION t ^g J~ /';).. I ' I I' \ ~.-'-.k\(l)~ll/,...o, IL PATRICIA T. WESTALL SUMMARY SKILLS ) EXPERIENCE. June 2000- September 2002 March 1998- June 2000 1102 Seaspray Avenue Delray Beach, FL 33483 561,243,7959 Patricia_ WestaIl@hotmail.com A high energy health care professional with over twenty years of experience in client services, specializing in clinical consulting, marketing, sales, strategic planning and administration. Excellent problem solving abilities and group process skills. Can work with professionals and groups at any level. CLIENT SERVICES Managed hospital accounts at executive level as point of contact, from initial deliverylinstallation through complete product/service delivery with cousistently high customer satisfaction ratings. STRATEGIC PLANNING Directed hospital strategic planning process. Served as planning consultant to clients for defining goals and objectives, negotiating vendor contracts and refining market share strategy. MARKETING Directed marketing activities for clinical outcomes management firm and was VP of Marketing for large urhan hospital. COMMUNICATION Strong presentation skills refined through managing a variety of sales presentation models to large and small groups, including physicians and hospital boards, SALES Successfully sold multi year contracts for clinical I financial outcomes products and services to hospitals and health systems, Consultant and Independent Contractor, Atlanta Georgia and Delray Beach, Florida Hospital and Physician Practice Managed Care Contracting GE Medical Systems Healthcare Solutions, Atlanta Georgia Regional DiredorlSenior Manager, Client Services Responsible for account management for clients in multiple states as well account renewals and additional product and consulting sales. September 1990- February 1998 IAMETER, Ine., Atlanta, Georgia Senior Manager Presented, sold and delivered clinical outcomes products {services to administration and medical staff. Directed marketing activities and training of new sales, marketing and account management personneL Participated in planning sessions as well as development of new consulting practice areas. July 1983- April 1990 GEORGIA BAPTIST MEDICAL CENTER - Atlanta Georgia Vice President, Planning and Marketing Directed planing and marketing functions for this 500 bed uou-university teaching facility and its affiliated organizations, Coordinated strategic planning process. Directed developmeut of data support systems. Managed public, community and guest relations, Coordinated all physician support activities, Supervised staff in six supporting departments. June 1982 - July 1983 EGLESTON CHILDREN'S HOSPITAL AT EMORY UNIVERSITY Atlanta Georgia Strategic Planning Analyst Coordinated statistieal support for facility strategic plan. Served as liaison between hospital board, administration and long-range planning strategy consultants. EDUCATION 1990 M.P,H, - Health Administration Emory University - Atlanta Georgia 1979 B.B,A, - Health Administration Georgia State University - Atlanta Georgia SELECTED PROFESSIONALNOLUNTEER ACTIVITIES . Society for Healtheare Strategy and Market Development of AHA . Georgia Society for Healthcare Planning and Marketing, Past President . Women Healtheare Executives, Founding Member . Georgia Nurses Foundation, Inc, Board Member 1994-1996 . GSHPM, Annual Meeting, 1993, Faculty . NAHDO, Southeastern Regional Meeting, 1994, Measurint! Provider Performance. Presenter . Quality Review Coordinators of SW Ohio, 1994, Makint! Sense of Data, Presenter . South Carolina Health Information Management Association Annual meeting, 1995, Presenter . International Communications for Management, Direct Contractinl!'96. The Future of Manal!ed Care. 1996, Presenter . International Quality and Productivity Center, Best Practices in Direct Contntctinl!. 1996, Workshop leader . Community Service Award, Women Healthcare Executives, 2000 . Cedar Hill Enrichment Center, Board Member, 1999-2002 . Metro State Prison for Women, Atlanta, Volunteer, 1997-2002 . Palm Beach Litentcy Coalition, Reading Tutor, 2003 - present . Delray Beach Residenlli Academy, Graduate, May 2004 . Beach Property Owners Association, Design Guidelines Task Force, 2003 -2004 i / 1102 Seaspray Avenue Delray Beach, FL 33483 November 9, 2004 Venice Cobb Executive AssistantIBoard Liaison City of Delray Beach 100N,W,Ist Avenue Delray Beach, FL 33444 Dear Venice: As you suggested in your e-mail of November 5th I have completed a new Board member application and highlighted those areas where I think I would qualify for the Neighborhood Advisory Council. Please note that I have yellow highlighted the sections of my CV that focus on community involvement and leadership, While I would certainly be willing to serve on the Construction Appeals council I think it is pretty clear that my strengths and experience are much more in line with Neighborhood Advisory. Thank you for your input. Should I plan to be at the meeting when this is presented? Cordially, _" '~-""-~', \\J~ '\~ Patsy WestaIl . MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER mvl AGENDA ITEM # \ C'I ~ - REGULAR MEETING OF OCTOBER 25. 2005 ORDINANCE NO. 73-05 (AMENDING CHAPTER 32. "DEPARTMENTS. BOARDS. AND COMMISSIONS") TO: SUBJECT: DATE: OCTOBER 21, 2005 This ordinance is before Commission for second reading and public hearing to amend Chapter 32, "Departments, Boards, and Commissions", by enacting Sections 32.60 et seq creating a Police Advisory Board, At the first reading on October 11, 2005, the Commission passed Ordinance No, 73-05, Recommend approval of Ordinance No, 73-05 on second and final reading, S:\City Clerk\agenda memos Ord 73-05 Police Advisory Board 102505 Community Improvement Memo To: David Harden, City Manager From: Lula Butler, Director, Community Improvemen~ Date: October 7, 2005 Re: Approval of Ordinance 73-05 Creating a Police Advisory Board ITEM BEFORE THE BOARD: City Commission consideration of approval of Ordinance 73-05 amending Chapter 32 of the City's Code of Ordinance, enacting a new subheading entitled "City of Delray Beach-Police Advisory Board" and enacting Section 32.60 providing for the establishment, purpose, composition, appointment, qualifications of members, duties, responsibilities and meeting dates of the board, BACKGROUND: The City Commission approved the recommendation from the Mayor's Advisory Committee on RAC.E. Relations to create a Police Advisory Board, inclusive of the desired structure for the board, at the regular meeting of September 20, 2005, Ordinance 73-05 will fonnally establish the new Police Advisory Board incorporating the recommendations from the Mayor's Advisory Committee on RAC.E. Relations, The ordinance was distributed to the committee at their regular meeting on September 27,2005. RECOMMENDATION: Staff is recommending approval of Ordinance 73-05, as presented, to fonnally establish the City of Delray Beach Police Advisory Board. LB:DQ 1 ~ \'M ORDINANCE NO, 73-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", BY ENACTING A NEW SUBHEADING ENTITLED "CITY OF DELRA Y BEACH-POLICE ADVISORY BOARD" AND ENACTING SECTIONS 32,60 ET SEQ, CREATING A POLICE ADVISORY BOARD; PROVIDING FOR THE ESTABLISHMENT; PURPOSE; COMPOSITION; APPONTMENT; QUALIFICATIONS OF MEMBERS; DUTIES AND RESPONSIBILITIES; AND MEETINGS OF THE POLICE ADVISORY BOARD; PROVIDING. A SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE, WHEREAS, the Mayor's Advisory Committee on RAC.E. relations has been meeting since April of 2005, addressing race relations in the City of Delray Beach; and WHEREAS, one of the recommendations of the RAC.E. Relations Committee was to create a Police Advisory Board; and WHEREAS, the purpose, function, makeup and initial selection process were proposed by the RAC.E. Relations Committee; and, WHEREAS, this ordinance incorporates the suggestions of the RAC.E. Relations Committee, NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS: Section 1, That the Code of Ordinances is hereby amended by amending Chapter 32, "Departments, Boards and Commissions", to enact Sections 32,60 et seq to create the City of Delray Beach Police Advisory Board to read as follows: THE CITY OF DELRAY BEACH POLICE ADVISORY BOARD Sec, 32,60. ESTABLISHMENT The Police Advisory Board of the City of Delray Beach is hereby established as an advisory body to the Chief of Police, City Manager and City Commission. Sec. 32.61 PURPOSE The Police Advisory Board acts as an advisory body to the Chief of Police, City Manager and City Commission on policy and resource issues; serves as a conduit for the community to address their issues and community problems through a cooperative effort; reviews community needs, concerns, expectations and responses relative to police services and community policing; and advises the Police Department on and provides support for communication and education between the community and the Police Department. Sec. 32,62 COMPOSITION; APPOINTMENT; TERMS, The Police Advisory Board shall be composed of thirteen (13) regular members, The first Board appointments consisting of thirteen (13) regular members shall be recommended by the RACE Relations Committee and approved by the City Commission, Thereafter, the City Commission shall fill vacancies in accordance with City Policies and Procedures. The thirteen (13) regular members shall be appointed by the City Commission for terms of two (2) years, except that the members of the first Board to serve shall be appointed so that seven (7) members shall serve for three year terms and six (6) members shall serve two-year terms, Their successors shall be appointed for two-year terms, It is further provided that no member may serve more than two (2) successive terms on this Board, Sec.32.63 ORGANIZATION. (A) The Police Advisory Board shall elect a chairperson and vice-chairperson to preside at its meetings and any other officers as the Board may deem necessary. (B) The Police Advisory Board shall have technical and logistical support provided by and as determined by the City Manager. A staff person shall be designated as the official City contact with the Police Advisory Board, Sec. 32,64 QUALIFICATIONS OF MEMBERS (A) The Police Advisory Board membership shall include a diverse cross section of the community. (B) The membership shall include business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible, (C) The City Commission shall endeavor to include as many racial and ethnic minority members as possible, Sec. 32.65 DUTIES AND RESPONSIBILITIES The duties and responsibilities of the Police Advisory Board shall be as follows: (A) Serve as a liaison between the Police Department, the community and the City to increase communication between the Police Department and the City; 2 (8) To assist the Police Chief and District Commanders, through input, in making quality decisions; to assist in the addressing of short-term and long-term concerns of the community and to help identify priorities and solutions; (C) To provide input on police policies, procedures and practices designed to decrease misunderstandings with and among the members of the community; and (D) To review and make recommendations concerning such other matters as may be referred to the board, from time to time, by the Chief of Police, the City Manager or City Commission, Sec. 32.66 MEETINGS (A) The Police Advisory Board shall meet at least once monthly on the second Monday of each month except when that date falls on a holiday, In that circumstance, the Board shall establish another regular meeting date for that month, The Police Advisory Board may hold special meetings at the direction of its chairperson upon twenty-four (24) hours' notice. (B) All meetings shall be open to the public and the order of business and procedure shall be as prescribed by the rules and regulations to be formulated by the Police Advisory Board and adopted by the City Commission, Section 2, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 3, That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed, Section 4. That this ordinance shall become effective upon its passage on second and final reading, PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2005, ATTEST: City Clerk MAYOR First Reading Second Reading 3 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER tfr1 AGENDA ITEM # \ 0<2> - REGULAR MEETING OF OCTOBER 25. 2005 WAIVER OF BIDDING REOUlREMENTS/BUS SHELTER INSTALLATION TO: SUBJECT: DATE: OCTOBER 21, 2005 This is before the Commission to consider approval of waiving the requirements of Section 36,02, "Acquisition of Personal Property, Supplies, or Contractual Services", and Section 36,05, "Bidding Procedures", of the Code of Ordinances, for the installation of bus shelters. Over the past two (2) years, on three different occasions, the City has solicited competitive bids for the procurement and installation of forty-seven (47) bus shelters to be placed at various locations around the city, On November 20, 2003, bids were opened for the ftrst bid; which included prefabrication, delivery, and installation of the shelters; and construction of concrete slabs necessary for the installation, On February 3, 2004, the contract was awarded to Day tech Manufacturers, Inc, After a year in pursuit of a start date with Day tech, we were notifted that the branch we contracted with had med for bankruptcy under Chapter 11. After negotiations for alternative contract performance parameters stalled, the contract was rescinded on March 8, 2005. At this time and with advice from manufacturers in the industry, we split the project into two bids; one for construction of the concrete pads for the structures, and one for the prefabrication, delivery, and installation of the structures, The bid for the pad installation was opened on February 24, 2005 and subsequendy awarded to Rosso Paving, All pads, at stops identifted for shelters, have been installed, A rebid for the prefabrication and installation of the bus shelters resulted in receipt of two responses at the bid opening, both of which exceed $1,000,000,00; more than twice the project budget, These bids were rejected on May 3, 2005 and a proposal was offered to City Commission to accept the lowest of three quotes solicited from speciftc shelter manufacturers. A concern over awarding the contract on that basis constituting a violation of the grant requirements proved valid, and the project was rebid again. The scope of the third bid was limited to the prefabrication and delivery of the structures. On June 21, 2005, the contract was awarded to Brasco International, Inc. Shelters are currendy in prefabrication with delivery anticipated in December, A fourth set of speciftcations was prepared and advertised for bid with a scope consIsting of installation of the structures at the locations identifted and where concrete pads currendy exist. That bid was opened on September 29, 2005, At the specifted submittal deadline there were no responses submitted for the project. In view of the anticipated date of delivery for the shelters and the lack of success with solicitation of competitive bids for installation, staff requests that Commission waive the City's bidding requirements for this project and agree to award the contract for installation of the structures on the basis of quotes to be solicited by staff, s: \City Clerk \agendamemos \eM Waiver of Biding Retjwrcments Bus Shelters 102505 City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M lVWW.mydelraybeach.com TO: David T, Harden, City Manager Q;% FROM: Richard C, Hasko, P ,E" Environmental Services Director SUBJECT: WAIVER OF CITY BIDDING REQUIREMENTS DATE: October 17, 2005 We have attempted on three different occasions over the past two years to solicit competitive bids for the procurement and installation of forty-seven (47) bus shelters to be placed at various locations around the city. Our first bid scope included prefabrication, delivery and installation of the shelters, and construction of concrete slabs necessary for the installation, Bids for that contract were opened on November 20, 2003 and the contract was subsequently awarded to Daytech Manufacturers, Inc, on February 3, 2004, After a year in pursuit of a start date with Daytech, we were notified that the branch in the US with which we contracted had filed for bankruptcy under Chapter II, After negotiations for alternative contract performance parameters stalled, their contract was rescinded on March 8, 2005, At this juncture and with the benefit of advice from manufacturers in the industry, we split the project into two bids; one for construction of the concrete pads for the structures, and one for the prefabrication, delivery and installation of the structures themselves, The bid for the pad installation was opened on February 24, 2005 and subsequently awarded to Rosso Paving, To date, all pads at stops identified for shelters have been installed, A rebid for the prefabrication and installation of the bus shelters resulted in receipt of two responses at the bid opening, both of which exceed $1,000,000; more than twice the project budget. These bids were rejected on May 3, 2005, and a proposal was offered to City Commission to accept the lowest of three quotes solicited from specific shelter manufacturers, A concern over awarding the contract on that basis constituting a violation of the grant requirements proved valid, and the project was rebid again, The scope of the third bid was limited to the prefabrication and delivery of the structures, This bid resulted in the contract that we currently have with Brasco International, Inc" which was awarded on June 21, 2005, Shelters are currently in prefabrication with delivery anticipated in December, A fourth set of specifications was prepared and advertised for bid with a scope consisting of installation of the structures at the locations identified and where concrete pads currently exist. That bid was scheduled to open on September 29,2005, At the specified submittal deadline on September 29, 2005, there were no responses submitted for the project. In view of the anticipated date of delivery for the shelters and the lack of success to date with solicitation of competitive bids for installation of the structures, staff requests that Commission waive the City's bidding requirements for this project and award the contract for installation of the structures on the basis of quotes solicited by staff, Please place this item on the Public Hearing portion of the October 25,2005 agenda for consideration by Commission, Cc: Susan Ruby, City Attorney Victor Majtenyi, Construction Manager Scott Aronson, Parking Management Specialist AGENDA ITEM NUMBER: L()~ AGENDA REQUEST Date: October 17, 2005 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: October 25, 2005 Description of agenda item: Staff requests Commission to waive City's bidding requirements for installation of Bus Shelters due to a lack of success in securing a contract for that work through the competitive bidding process, Quotes will be solicited from local contractors for performance of this work and staff will request Commission award of a contract on that basis. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES YES NO NO x X Recommendation: Staff recommends waiver of City's bidding requirements. Department Head Signature: WfiJ(~4l f /J -/':J-- uS Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: @ ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P,O,# AGENDA ITEM NUMBER: 01<. trr\ .~- .~ ." ''''''', .. .... .... .. .. .... <.""",," ',. .. .. .. ...... ., ...... ..,. .. .. _"0. ~.~,.,,_ ......, .. _.... "=.......," ,. A.',.....'.,.,,-...........'......'.,...... ..0.' .' '..0..",...'.....,...,..'.,.".'.'.'.".."., .... .. ','..'.'.-,''''''''''" ," FROM: DAVID T, HARDEN, Clr~ry)~ /" PAUL DORLING, DIRECTOR OF PLANNI~ND ZONING JASMIN ALLEN, PLANNERk/~:1 ~~ MEETING OF OCTOBER 2~005 REZONING FROM RO (RESIDENTIAL OFFICE) TO R-1-A (SINGLE FAMILY RESIDENTIAL) FOR LOTS 13-16, BLOCK 12, DELL PARK, LOCATED AT THE SOUTHEAST CORNER OF NE 9TH STREET AND NE 2ND AVENUE, TO: THRU: SUBJECT: f ~___""~~_" _ .~ <n",_~~ ~'^~~~"~~ _ .m~;.~1lb;t~~:J~f~~~_~~~~c~._.!~~~ ~~~~=~~ - -~~~~~ The proposed rezoning involves four platted lots (Lots 13 thru 16, Block 12, Dell Park), totaling 0.57 acres. The properties contain two structures which have previously been used as medical offices, With the adoption of the City-wide rezonings in 1990, the subject parcels were rezoned from RM-10 (Medium Density Residential-10 units per acre) to RO (Residential Office) to accommodate the existing medical office use, On March 3, 1998, the City Commission adopted the Seacrest/Del-Ida Neighborhood Plan which outlined a vision for revitalizing the Seacrest neighborhood, In conjunction with the adopted SeacrestlDel-lda Neighborhood Plan, the properties immediately adjacent to the subject site were rezoned from RL (Low Density Residential) to R-1-A (Single Family Residential), The subject properties are owned by Ninth Street Properties LLC, which also owns the lot immediately to the east (Lot 12, Block 12), The property owner is proposing to build four single family residences on the lots being rezoned. A fifth residence is proposed for Lot 12 (located adjacent to the subject lots), which is currently zoned R-1-A (Single Family Residential). Single family residences are allowed as a principal (permitted) use within the RO zone district, however a minimum lot size of 8,000 sq, ft, (80' frontage/width and 100' depth minimum) is required within the RO zoning district. Based on the lot size requirements under the RO regulations, only two single family residences could be accommodated on the subject parcel. Conversely, the proposed R-1-A zoning district, would allow the construction of a single family residence on each of the four (50' X 100') platted lots, Positive findings can be made with respect to Sections 3,1.1, 3,2,2, and 2.4,5(0) of the Land Development Regulations, Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of September 19, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony in support of or opposition to the proposal. After reviewing the staff report and discussing the proposal, the Board voted 6-1 (Gary Eliopoulos dissenting) to recommend to the City Commission approval of the rezoning, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3,1,1, 3,2,2, and 2.4.5(0)(5) of the Land Development Regulations. --::: -;- - -_.- - .. _ ~'I-"""" '.t:,/:;_ ;:-7,;:;O;-r7., -"'-,"< -~ """''':'''" .--:. ~ . ~ q..J..y;., U!....is.eJ-'!}:~\G r:~n..."!.,"~.,_.:1;i,.,"'l ,'". 1___ __._=..wi...... __=___~=~~._'--'!:'~-'-'.~_~~""'''-''''''~~~~-~'''''''~-.-''-'='-,=:.;.G;;''''~-==~l Move approval of the rezoning from RO to R-1-A, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3,1,1, 3.2.2, and 2,4,5(0)(5) of the Land Development Regulations, with second reading to occur on November 15, 2005. Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of September 19, 2005 \~A ORDINANCE NO. 74-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RO (RESIDENTIAL OFFICE) DISTRICT TO R-I-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE SOUTHEAST CORNER OF NE 2ND AVENUE (SEACREST BOULEVARD) AND NE 9TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE, WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2005, as being zoned RO (Residential Office) District; and WHEREAS, at its meeting of September 19, 2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to I to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section I, That the recitations set forth above are incorporated herein, Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of R-I-A (Single Family Residential) District for the following described property: Lots 13 thru 16, Block 12, Map of Dell Park, according to the Plat thereof, as recorded in Plat Book 8, Page 56 of the Public Records of Palm Beach County, Florida, Section 3, That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof, Section 4, That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed, Section 5, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6, That this ordinance shall become effective immediately upon passage on second and final reading, PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 200_, ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 74-05 PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- September 19. 2005 IV, B. Rezoning request from RO (Residential Office) to R-1-A (Single Family Residential) for Lots 13-16 Block 12, Dell Park, located at the southeast corner of NE 2nd Avenue (Seacrest Boulevard) and NE 9th Street and known as 9th Street Properties. (Quasi-Judicial Hearing). MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant.........,..,............ Ninth Street Properties LLC ApplicanL.....,........................... Ninth Street properties LLC Agent.........................,................ Weiner & Aronson P.A. Location...................,.................. Southeast corner of NE 2"d Avenue and NE 9th Street Property Size,............................. 0,57 Acres Future Land Use Map............,... TRN (Transitional) Current Zoning.,.......................... RO (Residential Office) Adjacent Zoning..........,.....North: R-1-A (Single Family Residential) East: R-1-A (Single Family Residential) South: RO (Residential Office) West: R-1-M (Single Family Residential) Existing Land Use,.................,... Medical Office (vacant) Proposed Land Use.................... Four single family residences. Water Service........,...........,....,... Existing on site. Sewer Service......,....................., Existing on site. ~ o z _ ~ A _2 - < f- II N.E- = IIllI '" I KL - \ ~ \ - l'" 10- Ii "'" Ii Ir----. r N. E. 14TH s. / ~I I i:= e- "'" c:= -- "'" l- I- "'" I- ~.- r ~ ~ " ""E t= I-- J ~1 I J~ z N.L ~ -~.~ I-------z- ".E. 'TH Sf IV R ;- --- ,;;~-':~7~"";'''~---~;-~~ -c;:ro::"~f1-., ;:~~~-- ~\"':;~~=":";.;~-~ - ~::q~::m~-~-:; r, ~> ",i",~~,:~ . I:, PJ,").;~Hl"~:::.t~:3i::e{G"",,,~"~t: -, "'\ -?rtH;"-):",t~1n~f",,~ ~ ~_ ~_._~~r.~_>J_~ ~~=.JU;!~~"'~:.t ~=-~~~~ The item before the Board is that of making a recommendation to the City Commission on a rezoning from RO (Residential Office) to R-1-A (Single Family Residential) for 9th Street Properties, The subject property is located at the southeast corner of NE 9th Street and NE 2nd Avenue (Seacrest Boulevard), The proposed rezoning involves four platted lots (Lots 13 thru 16, Block 12, Dell Park), totaling 0.57 acres. The properties contain the following: 214 NE gth Street (Lot 13): Existing 1,008 sq, ft. medical office building, 899 NE ~d Avenue (Lots 14-16): Existing 3379 sq. ft. medical office building. While it is not clear when these structures were built, a conditional use approval was granted by the City Commission in 1978 to convert the existing residential structures to medical office, With the adoption of the City-wide rezonings in 1990. the subject parcels were rezoned from RM-10 (Medium Density Residential-10 units per acre) to RO (Residential Office) to accommodate the existing office use. Concurrently the adjacent lots to the east were rezoned from RM-10 (Medium Density Residential) to RL (Low Density Residential), On March 3, 1998, the City Commission adopted the Sea crest/Del-Ida Neighborhood Plan which outlined a vision for revitalizing the Sea crest neighborhood. In conjunction with the adopted Seacrest/Del-Ida Neighborhood Plan, the properties immediately adjacent to the subject site were rezoned from RL (Low Density Residential) to R-1-A (Single Family Residential), The subject properties are owned by Ninth Street Properties LLC, which also owns the lot immediately to the east (Lot 12, Block 12), The property owner is proposing to build four single family residences on the lots being rezoned, A fifth residence is proposed for Lot 12, which is zoned R-1-A (Single Family Residential). Thus the rezoning request from RO (Residential Office) to R-1-A (Single Family Residential) is now before the Board, REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. P&Z Board Staff Report Rezoning from RO to R-1-A for 9th Street Properties Page 2 This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes, Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations, o Future land Use Map - The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of TRN (Transitional) and is currently zoned RO (Residential Office). Single family residential uses are permitted as a principal use within the RO zoning district, Pursuant to LDR Section 4,3.3 K "Development Matrix", a minimum lot size of 8,000 sq, ft. (80' frontage/width and 100' depth minimum) is required within the RO zoning district. Based on the lot size requirements under the RO regulations, only two single family residences could be accommodated on the subject parCel. Conversely, the proposed R-1-A zoning district, which is also consistent with the TRN Future Land Use Map designation, would allow the construction of a single family residence on each of the four platted lots. Thus, based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation, o Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards, In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered with respect to the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. It is noted that the single family development allowed under the R-1-A zoning designation characteristically has less impact on concurrency than the duplex and office uses allowed within the RO designation. Drainaae: With rezoning request drainage plans are not required. With redevelopment of the site, drainage plans will be submitted; however, there are no problems anticipated in retaining drainage on site and obtaining any/all necessary permits. Traffic: A traffic statement was not submitted with the proposal. However, pursuant to the Institute of Traffic Engineers (ITE), single family residences account for an average daily trips (adt) of 10 per residence, thus a total of 40 trips are anticipated which is significantly less than the existing office use, P&Z Board Staff Report Rezoning from RO to R-1-A for 9th Street Properties Page 3 Parks and Recreation: Pursuant to Land Development Regulations (LDR) Section 5,3,2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Based upon the proposed rezoning, four (4) dwelling units would be allowed, thus requiring a park impact fee of $2,000, Schools: A School Concurrency Application has been transmitted to the School District of Palm Beach County for their consideration. The Palm Beach County School District has approved the development proposal for compliance with the adopted Level of Service for School Concurrency. Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, the waste to be generated by the four proposed residences will be 1,8 tons less than that which is currently generated. Additionally, the Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021, o Consistencv - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. There are no significant environmental characteristics to the subject property, Redevelopment of the property, based upon the proposed zoning, is compatible with the adjacent land uses, which consist of single family residences to the east and west, duplex residences to the north and duplex/office to the south). No compatibility concems are noted with the surrounding land uses, Housina Element Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied, The proposed redevelopment of the commercial property to single family residences will have a positive effect on neighboring residential properties as the impacts such as noise and traffic will decrease, o Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. P&Z Board Staff Report Rezoning from RO to R-1-A for 9th Street Properties Page 4 Compatibility is discussed below under the Standards for Rezoning, o Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the subject parcels will be in accordance with the City's Land Development Regulations, During the permit review process, the development proposal will be reviewed for compliance with the LDRs, Pursuant to LDR Section 4.1.4, while the lots do not comply with the minimum lot area and lot dimensions for the R-1-A zoning district, they may nevertheless be used to accommodate four single family residences as they qualify as lots of record, Pursuant to LDR Section 4,3.4(E)(3)&(4), .Where a comer lot or through lot has frontage on an arterial or collector street, the front shall be the side with frontage on the arterial or collector. Notwithstanding the previous description, if a limited access easement or limited access right-of-way runs the length of the frontage on a street, then the front of the lot shall be on frontage without such access restrictions" Thus the frontage for Lot 16, (corner lot) is NE 2nd Avenue (Seacrest Boulevard), unless a limited access easement is placed along NE 2nd Avenue, in which case the frontage becomes NE 9th Street. Given the orientation of the adjacent lots, staff recommends that a limited access easement be recorded along the entire length of NE 2nd Avenue, Given the above, a positive finding with respect to compliance with the Land Development Regulations can be assumed, STANDARDS FOR REZONING ACTIONS: Compliance with the performance standards set forth in LOR Section 3.2.2, along with the required findings noted in LOR Section 2.4.5(0) (5) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. LOR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LDR Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: P&Z Board Staff Report Rezoning from RO to R-1-A for 91h Street Properties Page 5 Zoninq Desiqnation: Use: West: R-1-AA Duplex/Single Family Duplex/Office Duplex (property owner intends to demolish and construct a single family residence) Single family residences North: South: East: R-1-A RO R-1-A The surrounding residential area has been identified as "Revitalization" on the Residential Neighborhood Categorization Map, The adjacent residential properties to the north and east are zoned R-1-A (Single Family Residential), which is the requested zoning classification. The properties to the west are zoned R-1-AA (Single Family Residential). Although this district accommodates a lower density than the R- 1-A zoning district, no compatibility issues are anticipated, The RO zoning on the properties to the south accommodates single family residences as well as more intense duplex and office development. Policy A-5.5 of the Housing Element requires that a neighborhood plan be prepared for areas identified as "Revitalization" on the Residential Neighborhood Categorization Map, As previously stated the Seacrest Del-Ida Neighborhood Plan was adopted by the City Commission on March 3, 1998, For future residential development, the SeacrestlDel-lda Neighborhood Plan states "it is the intent of this plan that all new residential development or redevelopment not located within the Del-Ida Park Historic District be single family detached housing". The proposed R-1-A zoning furthers the goal of the SeacrestlDel-lda Neighborhood Plan and is appropriate given the existing development pattem and typical lot sizes on NE 9th Street. Based upon the above, a positive finding can be made with regard to LDR Section 3.2,2(D), that the proposed rezoning will not result in adjacent incompatible land uses, LOR Section 2.4.510} 15}: In addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning is being sought. These reasons include the following: A. That the zoning had previously been changed, or was originally established, in error; B, That there has been a change in circumstances which make the current zoning inappropriate; or C, That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. P&Z Board Staff Report Rezoning from RO to R-1-A for 9th Street Properties Page 6 The applicant has submitted the following statement indicating the reasons for which the rezoning is being sought based on "c" above: "Pursuant to Section 2.4,5(D)(2)(C), the request zoning is of a similar intensity as allowed under the Future Land Use Map. Per Table L-7 of the City of Delray Beach Comprehensive Plan, R-1-A is a compatible zoning district with the land use designation of TRN. The parcels being rezoned are sited on a block which is already zoned R-1-A and is comprised of single family homes. The zoning differences divide the block and detract from the overall aesthetics of the neighborhood. In addition, the existing office building surrounded by single family homes is inappropriate, These properties should be zoned to be compatible with the neighborhood. Finally, according to the Sea crest/Del-Ida Park Neighborhood Plan adopted by the City Commission on March 3, 1998, "it is the intent of this plan that all new residential development or redevelopment ..... be single family-detached housing, FLUM and zoning designations will be amended where necessary to support this goal" By changing the zoning from RO to R~1-A, the City will reduce the density allowed for these parcels and create a more cohesive neighborhood as outlined in the Sea crest/Del-Ida Park Neighborhood Plan. The basis for which the rezoning should be granted relates to "c" in that the proposed rezoning will allow the redevelopment of the property to be consistent with the zoning classification and uses within the block and will enhance the overall aesthetics of the neighborhood, Based upon the above, a positive finding with respect to LDR Section 2.4,5(D)(5) can be made, Community Redevelopment Aqency (CRA): At its meeting of September 8, 2005, the CRA reviewed the proposed rezoning and recommended approval. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property, Letters of objection andlor support, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: A special courtesy notice was provided to the following homeowners associations: . Sea crest Homeowners Association . PROD . President Council . Del-Ida Park Homeowners Association P&Z Board Staff Report Rezoning from RO to R-1-A for 9th Street Properties Page 7 The proposed rezoning from RO (Residential Office) to R-1-A (Single Family Residential) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposal also is consistent with the Seacrest/Del-Ida Neighborhood Plan, as it will provide for uses that will enhance the residential character of the neighborhood and reduce the negative impacts associated with non-residential vehicular traffic on local residential streets, Positive findings can be made with respect to LOR Section 3.1.1 (Required Findings), LDR Section 3.2,2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan, Therefore, this rezoning can be recommended for approval based on the findings outlined in this report, A. Continue with direction, 8, Move a recommendation of approval to the City Commission for the privately sponsored request for a rezoning from RO (Residential Office) to R-1-A (Single Family Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and the Seacrest/Del-Ida Park Neighborhood Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3,1.1 and 3,2.2 of the Land Development Regulations, C, Move a recommendation of denial to the City Commission for the privately sponsored request for rezoning from RO (Residential Office) to R-1-A (Single Family Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and Seacrest/Del-Ida Park Neighborhood Plan, and does not meet the criteria set forth in Sections 2.4.5(0) (5), 3,1.1 and 3.2.2 of the Land Development Regulations, Move a recommendation of approval to the City Commission for the privately sponsored request for rezoning from RO (Residential Office) to R-1-A (Single Family Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and Seacrest/Del-Ida Park Neighborhood Plan, and meets the criteria set forth in Sections 2.4,5(D) (5), 3.1,1 and 3.2.2 of the Land Development Regulations, Attachments: a Zoning Map a Survey <d fit ~ '< Ii Sf. ~ I~I 2~ 1---1 ) ST. 0 ~c ~C '" .., ST. 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FACSIMILE 561/243-7815 1993 POLICE LEGAL AD~ISOR MEMORANDUNl To: City Commission David Harden, City Manager Catherine M, Kozol, 17 J Police Legal Advisor/~Attorhey From: Date: October 18, 2005 Re: Sexual Predators and Sexual Offen<!ers - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - i i Attached please find an original and two i copies of the Sexual Predator and Sexual Offender Ordinance for placement on ithe Agenda, This is an ordinance which provides tha~ sexual predators and sexual offenders cannot reside within 1500 feet of a designated school, public bus stop, day care center or park, There are exceptions for offenders and predators who are juveniles or who have established a permanent residence in Delray Beach prior to the enactment of the ordinance, Any person who violates this shall be punished with up to a $500,00 fine and/or 60 days in the county jail, our standard ordinance penalty, If you have any questions, please do not hEilsitate to call me, Ath/encs, cc with Encs, Chevelle Nubin, City Clerk Susan Ruby, City Attorney Chief J. Schroeder Of< 4 \~& ORDINANCE NO, 75-05 AN ORDINANCE OF THE CITY OF DELRAY BEACH AMENDING TITLE 13, "GENERAL OFFENSES", OF THE CODE OF ORDINANCES BY ENACTING A NEW CHAPTER 136, "SEXUAL OFFENDERS AND SEXUAL PREDATORS"; PROVIDING FOR DEFINITIONS; PROHIBITING SEXUAL OFFENDERS AND SEXUAL PREDATORS CONVICTED OF CRIMES UNDER CERTAIN FLORIDA STATUTES FROM LIVING WITHIN 1,500 FEET OF SPECIFIED LOCATIONS WITHIN THE CITY OF DELRA Y BEACH AND PROVIDING FOR PENALTIES; PROVIDING A SAVING CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Commission are deeply concemed about occurrences in our state and elsewhere, whereby convicted sex offenders who have been released from custody victimize children within the community where they reside; and WHEREAS, the Mayor and the City Commission acknowledge the recidivism rate for released sex offenders is alarmingly high, especially for those who commit their crimes on children; and WHEREAS, the Florida Legislature has determined that sexual offenders and predators convicted of certain sexual crimes pose a real and substantial danger to children and therefore, has prohibited such sexual offenders and predators from residing within one thousand (1,000) feet from certain locations where children regularly congregate, as set forth in sections 794,065 and 947,1405, Florida Statutes; and WHEREAS, the Mayor and the City Commission desire to establish a policy which protects, to an extent greater than the State statutes, the public health, safety, and welfare of its most vulnerable citizens from this threat; and WHEREAS, Article VIII, Section 2(b) of the Florida Constitution and ~166,021, Florida Statutes, grant the City authority to adopt such provisions in order to protect the health, safety and welfare of its residents; and WHEREAS, the 8th Circuit, United States Court of Appeals recently issued an opinion in the case of Doe v. Miller, 2005 WL 991635 (8th Cir. April 29, 2005) in which the Court upheld similar residency restrictions adopted by the State of Iowa, and found the restrictions to be valid; and 1 WHEREAS, F,S, 794,065 and F,S. 947.1405 does not contain clear language expressly preempting local government from enacting ordinances regarding unlawful places of residences for persons convicted of sex offenses, nor is the legislative scheme so pervasive as to evidence an intent to preempt the particular area, or is there such a strong public policy reason for finding such an area preempted by the Legislature as depicted in Phantom of Clearwater, Inc. V, Pinel/as County, 894 So,2d 1011 (FL, 2nd DCA, 2005); and WHEREAS, the City Commission finds that the creation of a Sexual Violator Residency Prohibition Section in the City Code of Ordinances to prohibit convicted sex offenders from living within one thousand five hundred (1,500) feet of specified locations in the City of Delray Beach is in the best interest of the health, safety and welfare of the residents and citizens of the City of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1 , That Chapter "General Provisions" of the Code of Ordinances of the City of Delray Beach is hereby amended by enacting Chapter 136, "Sexual Offenders and Sexual Predators", to read as follows: CHAPTER 136, SEXUAL OFFENDERS AND SEXUAL PREDATORS Sec, 136,01, DEFINITIONS. (A) The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning: (1) "Permanent residence" means a place where the person abides, lodges, or resides for 14 or more consecutive days, (2) "Temporary residence" means a place where the person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides for a period of 4 or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence, Sec, 136,02 SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE PROHIBITION, (A) It is unlawful for any person who has been convicted of a violation of Section 794,011 ("Sexual battery"), 800.04 ("Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age"), 827,071 ("Sexual 2 performance by a child"), or 847.0145 ("Buying or selling of minors"), Florida Statutes, or similarly relates to offenses if out-of-state, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, to establish a permanent residence or temporary residence within 1,500 feet of any school, designated public school bus stop, day care center, or park. (B) For purposes of determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of a school, designated public school bus stop, day care center or park. (C) Exceptions: A person referenced in B(1) and residing within 1,500 feet of any school, designated public school bus stop, day care center, or park, does not commit a violation of this section if: (1) The person established the permanent residence prior to , 2005 (the effective date of this Ordinance No. ); (2) The person had permanent residency prior to being designated a sexual offender or predator. (3) The person was a minor when he/she committed the offense and was not convicted as an adult. (4) The person is a minor. (5) The school, designated public school bus stop, day care center, or park or within 1,500 feet of the person's permanent residence was opened after the person established the permanent residence. Sec. 136.03 ENFORCEMENT AND PENALTIES. A person who violates this section shall be punished as provided in Section 10.99, Code of Ordinances. Section 2. If any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 3 Section 3. All ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. This ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED by the City Commission of the City of Delray Beach in regular session on second and final reading on this day of September, 2005. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Jeff Perlman, Mayor First Reading on Second Reading on 4