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Agenda Reg 05-06-03City of Delray Beach Regular Commission Meeting 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: ($61) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments w/th 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. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official age. nda item under these sections. 2. 81GN 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 COMMISBION: 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 PROCEDUREB 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 a/ds 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 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meerin~s in the Commission Chambers. o ROT.T. C~T.T. INVOCATION. PLEDGE OF AI-I.EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · April 15, 2003 - Regular Meeting PROCLAMATIONS: B. C. D. E. F. G. H. Recogrfizing and Commending Officer Johnny Pun Day of Awareness on Animal Poaching - May 7, 2003 CiviLity Month - May 2003 National Safe Boating Week - May 17-23, 2003 Acting Irish International Theatre Festival Days - May 11-17, 2003 National Preservation Week - May 5-12, 2003 Emergency Medical Services Week - May 18-24, 2003 National Public Works Week - May 18-24, 2003 PRESENTATIONS: A. Morikami Park Elementary Children - Nancy Stewart CONSENT AGENDA: City Manager Recommends Approval. A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of April 17, 2003. B. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD/RECLAIMI~r~ WATER SYSTEM EXPANSION: Authorize an increase to Purchase Order //606547 in the amount of $150,000.00 to South Central Regional Wastewater Treatment and Disposal Board (SCRV4'IDB) for the construction of a two (2) million gallon reclaimed water storage tank at the treatment facility. Fundingis available from 441-5181-536-63.95 (Water/Sewer). FINAL SUBDMSION PLAT APPROVAL/DEI.RAy SEBASTIAN; Approve the subdivision plat for Delray Sebastian, a proposed 1.296 acre, 32-unit townhouse development located at the southeast and southwest comers of N.E. 5~' Avenue (Federal Highway southbound) and N.E. 3*a Street. 05-06-2003 Ho WAIVER REOUEST TO ALLOW A TEMPORARY MODULAR BUILDING/BANK OF AMERICA: Approve a waiver request to allow one (1) 2,100 square feet temporary modular building at Bank of America, located at 1001 East Atlantic Avenue. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/BELUGA WINE BAI~ ~ Approve and accept a right-of-way dedication associated with Beluga Wine Bar & Restaurant, for the dedication of two (2) feet of alley fight-of-way. ACCEPTANCE OF E3g~MENT D~-~/THE BROOKFI~I.F} COMPANY ~ Approve and accept an easement deed to allow for the encroachment of a public sidewalk onto the property adjacent to Fisher Lane and N.E. 4th Street. OUIT CLAIM DE~F}/ACCEPTANCE OF EASEMENT DEED/1015 NASSAU ~ Approve the release of the S' fight-of-way by quit claim from the City and accept an easement deed from Peter V. Millham for 101S Nassau Street. POLICE AND FIRE COMMUNICATIONS AGREeMENT/TOWN OF ~ Approve the proposed agreement between the City and the Town of Gulf Stream for dispatching and communications services with a termination date of September 30, 2007, with five (5) one-year renewal periods subject to cancellation by either party. IN-LIEU PARKING FEE AMENDMENT/MERIDIAN; Approve an amendment to the agreement between the City and Mallory II, L.L.C. for the Meridian, located in the 300 Block of S.E. 6t~ Avenue (Federal Highway northbound), providing for a reduction from six (6) in-lieu parking spaces to four (4) in-lieu parking spaces. SIDEWALK AGIZ~I~.MENT/TROPiCAL AWNING; Approve a sidewalk in-lieu of installation agreement in the amount of $1,560.00 between the City and Tropical Awning for the construction of a 5' wide sidewalk at S.E. 1st Avenue. FOURTH AMENDMENT TO ENCROACHMENT LICENSE AGREEMENT/LAKE WORTH DRAINAGE DISTRICT: Approve the fourth amendment to the encroachment license agreement between the City of Dekay Beach and the Lake Worth Drainage District (L'~TDD) permitting the City's encroachment onto the LWDD E-4 Canal. INTERLOCAL AGRE~MENT/LAR'~ WORTH DRAINAGE DISTRICT; Approve an interlocal agreement between the City of Delray Beach and the Lake Worth Drainage District (LWDD) regarding the clearing of vegetation from fights-of-way and a dispute resolution process. ANIMAL SERVICES FUNDING AGREI~.MENT/pALM BEACH COUNTY: Approve a reimbursement funding agreement in the amount of $20,000.00 between the City and the Palm Beach County Animal Care and Control Division for the provision of animal services between the period of October 1, 2002 through September 30, 2003. 05-06-2003 RESOLUTION NO. 27-03: Approve a resolution requesting funds from the Palm Beach County Emergency Medical Services Grant Award program to be used for the pmchase of ten (10) Cardiac enzyme testing and monitoring units at a cost of $4,750.00 each. RESOLUTION NO. 29-03: Approve Resolution No. 29-03 opposing Senate Bill 654 regarding preemption of regulation of cable services. RESOLUTION NO. 30-03: Approve Resolution No. 30-03 authorizing the City Manager to execute State of Florida Department of Transportation permits for road closures. RESOLUTION NO. 31-03: Approve Resolution No. 31-03 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 1001 N.W. 3~d Terrace. CHANGE ORDER NO. 1/TOTAL GOLF CONSTRUCTION. INC.: Approve Change Order No. 1 in the amount of $38,903.S0 to Total Golf Construction, Inc. for the Golf Course Greens Replacement Project. Funding is available from 441-5181-536- 63.90 (Water/Sewer/Other Improvements). CHANGE ORDER NO, 1/FINAL PAYMENT/CONOUE$~ ENGINEERING GROUP COMPANY; Approve Change Order No. 1 in the amount of a $26,560.01 decrease, and final payment in the amount of $5,569.28 to Conquest Engineering Group Company for the Seacrest Neighborhood Improvements Phase III Project. Funding is available from 442-S178-536-6S.03 (Water & Sewer R&R/Seacrest-Del Ida Neighborhood Improvements). SERVICE AUTHORIZATION NO. Il.A/ROBERT G. CURRI~: PARTNERSHIP, INC.: Approve Service Authorization No. ll.A to Robert G. Currie Partnership, Inc. in the amount of $8,500.00 for researching wetland delineation, surveying, and developing schematic alternatives for the Intracoastal (F.I.N.D.) Park. Funding is available from 334-4174-S72-63.90 (General Construction Fund/Other Improvements). SPECIAL EVENT REOUEST/4TM OF IULY; Approve a special event request for the 4th of July Celebration event to be held from noon until 12:00 midnight, including a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from the east side of N.E. and S.E. 7e' Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard; waiver per LDR Section 4.6.7(c)(5)(a) and (9) to allow banners and flags; waiver of City Ordinances 101.25 and 101.32 to allow assembly on the beach and vendors on A1A; and staff support for security and traffic control, street barricading, banner hanging, stage set up/use, and clean up/trash removal. 05-06-2003 SPECIAL EVENT REOUEST/AVDA 5K WALI(~ Approve a special event request to allow the 5th Annual Aid to Victims of Domestic Abuse, Inc. (AVDA) 5K Walkathon to be held on Saturday, October 18, 2003 from 7:30 a.m. until approximately 1:00 p.m., including temporary use permit per LDR Section 2.3.6(H) for the use of Anchor Park and City right-of-way along Ocean Boulevard, waiver of parking meter fees, and staff support for traffic control with the sponsor paying 50% of overtime costs; contingent on the sponsor providing liability insurance and a hold harmless agreement. SPECIAL EVENT REOUEST/6TM ANNUAL DOWNTOWN DELRAY ~ Approve a special event request for the 6e' Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 24 and May 25, 2003, granting a temporary use permit per LDR Section 2.4.60t) for use of City right-of-way on Pineapple Grove Way from the north side of N.E. 1st Street to the south side of N.E. 4th Street; and to authorize staff support for security/traffic control, waiver to allow event signage to be installed one week prior to event with event sponsor paying all overtime costs; contingent upon receipt of certificate of liability insurance. SPECIAL EVENT REOUEST/HOWAI~r~ ALAN 9TM ANNUAL DELRAY BEACH CRAFT FESTIVAl,' Approve a special event request for the 9~h annual Deb:ay Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. until 5:00 p.m. on September 20 and September 21, 2003, granting a temporary use permit per LDR Section 2.3.601) for the closure of N.E. and S.E. 4~h Avenue, one block north/south of Atlantic Avenue, and the Hand's parking lot for vendor parking, and authorize staff support for police security with the sponsor paying all overtime costs; contingent upon receipt of certificate of liability insurance. SPECIAL EVENT REOUEST FOR 4TM ANNUAL DELRAY BEACII THANKSGIVING ART FAIR: Approve a special event request for the 4th Annual Delray Beach Thanksgiving Art Fair to be held on November 29 and November 30, 2003 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.601) for the closure of N.E. 2'a Avenue, from alley just north of Atlantic to N.E. 4~ Street, and to authorize staff support for traffic control and security with sponsor paying all overtime costs; contingent upon receipt of certificate of liability insurance. SPECIAL EVENT/4~ ANNUAL HAITIAN FLAG DAY CV~I.lqRRATION; Approve a special event request for the 4'h Annual Haitian Flag Day Celebration sponsored by Our Lady of Perpetual Help Catholic Church's Youth Group to be held on Sunday, May 18, 2003 from 4:00 p.m. until 8:00 p.m., including temporary use permit per LDR Section 2.4.601) for the use of Merritt Park, set up/removal of City stage, staff support for security, trash removal, and consideration of waiving 50% of overtime costs; contingent on the sponsor providing certificate of liability insurance and a hold harmless agreement. REVIEW OF APplq,~I.&BLE LAND DEVELOPMENT BOARD ACTIONS; Accept the actions and decisions made by the Land Development Boards for the period April 14, 2003 through May 2, 2003. 05-06-2003 BB. AWARD OF BIDS AND CONTRACTS: 10. Annual custodial maintenance service contract in the amount of $95,424.00 to O.T. Services of West Palm Beach. Funding is available from various departmental operating budgets. Bid award to Tanner Industries at an estimated annual cost of $18,550.00 via the City of Boynton Beach Co-op Bid #041-2821-03/CJD for the purchase of anhydrous ammonia. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). B. id award to Atlantic Refrigeration at an estimated annual cost of $27,040.00 for att conditioning services and repairs for City buildings. Funding is available from various departmental operating budgets. Bid award to Deerfield Linen Service at an estimated annual cost of $19,016.00 for linen rental service for the Dekay Beach Municipal Golf Course. Funding is available from 445-4715-572-52.22 (Delray Beach Municipal Golf Course Fund/Uniforms/Linen Service). Contract award to Conquest Engineering Group Company in the amount of $162,252.87 for drainage and roadway improvements along S.E. 70, Avenue from S.E. 1~' Street to East Atlantic Avenue. Funding is available from 448- 5461-538-65.53 and 334-3162-541-65.18 (S.E. 7th Avenue). Contract award to Chaz Equipment Company, Inc. in the amount of $381,695.50 for water main improvements on Rye Lane, Enfield Terrace, Lake Terrace and raw water supply common header pipe at the water treatment plant. Funding is available from 442-5178-536-65.63 (Rye Lane, Lake Terrace, Enfield Terrace) and 442-5178-536-65.82 (Raw Water Supply Manifold Pipe). Contract award to Intercounty Engineering, Inc. in the amount of $271,364.00 for the installation of a reclaimed water main on the Municipal Golf Course property. Funding is available from 441-5181-536-63.95 (Northwest Reuse Water System - South Central Regional Wastewater). Purchase award to Evans Consoles, Inc. in the amount of $35,306.00 for the purchase of a new operations console and related furnishings for the Water Treatment Plant Control Room Upgrade Project. Funding is available from 442-5178-536-64.90 (Other Machinery/Equipment). Bid award to Man Con, Inc. in the amount of $592,948.10 for the rehabilitation of Lift Station #6 and a new force main to serve Lift Station #6. Funding is available from 442-5178-536-63.50 (Water Mains) and 442-5178-536-65.75 (Lift Station #6, Force Main Upgrade). Various bid awards in the amount of $128,967.00 via the Florida Sheriffs' Association and Florida Association of Counties Bid Specification #1 for the purchase of four (4) take home vehicles and one (1) motorcycle for the Police Department. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 05-06-2003 REGULAR AGENDA: REOUEST TO REDUCE IJI~.NS/RANDOLPH & DEWDNEY: Consider a request from Dwayne Randolph of Randolph & Dew&ney Construction Company to waive the interest and administrative fees totaling $4,204.42 assessed for abating nuisances and demolition of unsafe structures on properties located at 239 and 245 N.W. 10t~ Avenue. Mr. Randolph is prepared to pay the remaining lien of $6,659.56. Staff recommends approval. REOUEST TO REDUCE IJ~-NS/COMMUNITY REDEVELOPMENT ~ Consider a request from the Community Redevelopment Agency (CRA) to waive the interest and administrative fees in the amount of $3,939.58 assessed for abating nuisances on property located at 40 N.W. 12th Avenue. The Community Redevelopment Agency is prepared to pay the remaining lien of $3,177.61. Staff recommends approval. REOUEST FOR IN-LIEU PARKING SPACES/MARIPOSA: Consider a request by Mariposa for the purchase of one (1) in-lieu parking space in the amount of $6,000.00 and the construction of two (2) on-street parking spaces in the adjacent right- of-way of S.E. l~t Street. Mariposa is located in the Old School Square Historic Arts District (OSSHAD) at 48 S.E. lS' Avenue. REOUEST FOR IN-I.II~.U PARKING SPACES/BANK OF AMERICA: Consider a request by Bank of America for the purchase of one (1) in-lieu parking space in the amount of $14,000.00. Bank of America is located 1001 East Atlantic Avenue. NATIONAL FORUM FOR BLACK PUBLIC ADMINISTRATOR.*. CONFERENCE NIGHT OUT/DELRAy BEACH: Consider a request to advance funding for 50% (total amount of $30,459.74) of the cost of the National Forum for Black Public Administrators (NFPBA) event held at Old School Square on April 28, 2003; and approve a reimbursement funding agreement for funds up to $15,000.00 with Palm Beach County for same event. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD; Appoint two (2) alternate members to the Code Enforcement Board for unexpired terms ending January 14, 2004 and January 14, 2005. Based upon the rotation system, the appointments will be made by Mayor Perlman (Seat #5) and Commissioner Costin (Seat #~). APPOINTMENT OF COMMUNITY RF-DEVELOPMENT AGENCY (CRA) ~ Appoint a Vice-Chairman to the Community Redevelopment Agency Board. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ~ Ratify the appointment of Howard Lewis as the Communi~ Redevelopment Agency representative on the Parking Management Advisory Board for a term ending July 1, 2003. 05-06-2003 10. 11. 12. APPOINTMENTS TO THE PUBLIC ARTS IMPLEMENTATION COMMITrEE; Appoint five (5) members establishing the Pubhc Arts Implementation Committee for the purpose of creating a not-for-profit corporation and outlining procedures necessary to implement the City Public Arts Ordinance. The five (5) members shall include three (3) laypersons, an accountant, and a legal professional. Based upon the rotation system, the appointments will be made by Commissioner Costin (Seat #1); Comrmssioner Archer (Seat #2); Commissioner Levinson (Seat #3); Commtssioner McCarthy (Seat #4); and Mayor Perlman (Seat #5). The Mayor shall appoint a chairperson from the membership. The Public Arts Implementation Committee shall sunset upon the discharge of its assigned task or by October 1, 2003, whichever is earlier, unless otherwise extended by the City Commission. APPOINTMENT TO THE PALM BEACH COUNTY PUBLIC ARTS SELECflON COMMIT fEE: Appoint one (1) person to the Palm Beach County Public Arts Selection Committee as the City of Ddrqy Beach representative for the South County Courthouse Art and Amenities Project. GUARDRAIL/LINTON BOULEVARD; Consider a request regarding the guardrail on the north side of Linton Boulevard. PUBLIC HEARINGS: A. ~ ( Ordinance No. 11-05 has been tc;~sed a~d is a ~rst reading item). COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. THE City Manager's response to prior public comments and inquiries. From the Public. FIRST READINGS: ORDINANCE NO. 6-03: An ordinance amending the Land Development Regulations Section 4.4.13 (G)(1)(e), "Supplemental District Regulation" within the Central Business District and Section 4 6 .... , 9, Off-Street Parking Regnlanons to provide regulations for the location and accessibility of guest parking spaces. If passed, a public hearing will be scheduled for May 20, 2003. ORDINANCE NO. 10-0k An ordinance amending the Land Development Regulations Section 4.5.1 (M), "Tax Exemption for Historic Properties" to provide clarification to the tax abatement process/applicability and to be consistent with the Florida Administrative Code. If passed, a public hearing will be scheduled for May 20, 2003. 05-06-2003 13. ORDINANCE NO. 11-03: An ordinance amending Chapter 91, "Animals" of the City's Code of Ordinances by amending Section 91.02, "Livestock and Poultry", Section 91.25, "Vicious Dogs; Muzzles", Section 91.26, "Report of Dog Bites Required", Section 91.28, "Impoundment;Disposition", and Section 91.42, "Impoundment Authorized;Disposition" to accurately reflect the department/designees responsible for handling animal complaints and impoundment issues; and provide for an impoundment fee of $10.00. If passed, a public hearing will be scheduled for May 20, 2003. ORDINANCE NO. 12-03: An ordinance amending Chapter 35, "Employee Policies and Benefits" of the City Code of Ordinances by amending Section 35.056 "Designation of Personnel as Critical to Security" to provide for fingerprinting and background checks for all unescorted private contractors, vendors, repair, and delivery personnel with access to publicly operated facilities within municipalities designated as critical to security. If passed, a public hearing will be scheduled for May 20, 2003. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: MAY 2, 2003 05-06-2003 APRIL 15~ 2003 A Regular Meeting of the City Commission o£ the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m. Tuesday, April 15, 2003. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Barbara Gadto, City Clerk 2. The opening prayer was delivered by Dr. Deri Joy Ronis, Ph.D. with the Delray Beach Clergy Association will give the Invocation. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL Mayor Perlman requested that Item 7.A., Kathleen Dale¥ - Legislative Update be postponed. Mayor Perlman stated the Planning and Zoning Department has requested that Item 8.E., Final Subdivision Plat Approval/Sabal Lakes Phase IV of the Consent Agenda be moved to the Regular Agenda for discussion as Item 9.A. 1. Mayor Perlman stated the Planning and Zoning Department has also requested that Item 8.F., Resolution No. 22-03 of the Consent Agenda be moved to the Regular Agenda for discussion as Item 9.A.2. Mayor Perlman noted a correction to Item 8.R.3, Award of Bids and Contracts to Arbor Tree & Land~ Inc. (#334-6120-519-61.90). Also, Mayor Perlman noted the addition of Item 8.R.6. Bid Award to Frederico~ Inc. to the Consent Agenda by addendum. Mr. Costin moved to approve the Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Organizational Meeting of March 27, 2003, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to approve the Minutes of the Regular Meeting of April 1, 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to approve the Minutes of the Special Meeting of April 8, 2003, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: 6oAo Arbor Day - April 9~ 2003 Mayor Perlman read and presented a proclamation hereby proclaiming Wednesday, April 9, 2003 as Arbor Day. George Diaz, Chief Building Official, thanked Jennifer Buce, Recycling Coordinator, for her help. In addition, Mr. Diaz introduced Mike Davies and Darien Arden with the Delray Beach Youth Council. Mike Davies, President of the Delray Beach Youth Council, came forward to accept the proclamation. 6oao Month of the Young Child - April 2003 Mayor PerLman read and presented a proclamation hereby proclaiming the month of April 2003 as "The Month of the Young Child" in Delray Beach. Regina Goldenberg, Delray Beach Head Start Manager, came forward to accept the proclamation. In addition, children from the Head Start Program presented "HANDS" posters to the Commission. National Community Development Week - April 21-27~ 2003 Mayor Perlman read and presented a proclamation hereby proclaiming the week of April 21-27, 2003 as Community Development Week in Delray Beach. Lula Butler, Director of Community Improvement, came forward to accept the proclamation and announced that Palm Beach County is the host site for the Florida Community Development Association Conference this year. Ms. Butler continued to state that the conference will be held in Delray Beach at the Marriott Hotel on June 3-6, 2003 and the dining will be at Old School Square. In addition, Ms. Butler stated there will be a display in the lobby at City Hall of all the CDBG projects that the city has undertaken throughout the years. -2- 04/15/03 6.9. National Landscape Architecture Week - April 19-27~ 2003 Mayor Perlman read and presented a proclamation hereby proclaiming the week of April 19-27, 2003 as Landscape Architecture Week. Beau Spurlock with Kilday & Associates came forward to accept the proclamation. 6oEo National Or~an & Tissue Donor Awareness Week - April 14-20~ 2003 Mayor Perlman read and presented a proclamation hereby proclaiming April 14- 20, 2003 as Organ and Tissue Donor Awareness Week. Susan Warwick with the Organ and Tissue Recovery Agency came forward to accept the proclamation. PRESENTATIONS: 7oA° Kathleen Daley - Legislative Update Mayor Perlman stated Kathy Daley, State Lobbyist, is in Tallahassee and therefore the presentation for the Legislative Update for this evening has been cancelled. 7°Bo Delray Merchants' Association - Clay Wideman Clay Wideman, business owner on West Atlantic Avenue, stated on behalf of the offices and members of the Delray Merchant's Association (DMA) and Mr. James Thomas (consultant), they would like to thank the sponsors, the City of Delray Beach, Palm Beach County Commissioner Addie Greene, the DDA, the CRA, Office Depot, BellSouth, local churches, friends of the community, and local artists who generously gave their time and shared their talent to help celebrate the "Soul of Delray" which was held on March 23, 2003. Mr. Wideman presented the City Commission with a check in the amount of $10,000 and stated he looks forward to the continued support of the Commission with regard to the "Soul of Delray". 7.Co Communi~ Neighborhood Helping, Inc. - Edith Thompson Mr. Wilson, speaking on behalf of Edith Thompson, stated Ms. Thompson would like to submit a request to the Commission for the Glory Awards for a $2,500 donation for seed money and announced that the Glory Awards will be held on June 6, 2003. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/OLD PALM GROVE: Approve the subdivision plat for Old Palm Grove, located at northeast and southeast comers of North Federal Highway and Royal Palm Boulevard. 8oBo RESOLUTION NO. 23-03/ABANDONMENT OF UTILITY EASEMENT: Approve the abandonment of a general utility easement lying within the proposed Old Palm Grove subdivision, located on the east side of North Federal Highway, approximately 3,600 feet south of Gulf Stream Boulevard. -3- 04/15/03 The caption of Resolution No. 23-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A GENERAL UTILITY EASEMENT RETAINED WITH RESOLUTION NO. 55-02 (ABANDONMENT OF ROYAL PALM BOULEVARD) AS MORE PARTICULARLY DESCRIBED BY EXHIBIT "A". (The official copy of Resolution No. 23-03 is on file in the City Clerk's office.) 8.C. RESOLUTION NO. 24-03: Approve Resolution No. 24-03 abandoning a 7' wide pedestrian ingress/egress tract of the Estuary II Plat, located on the south side of abandoned Royal Palm Boulevard, approximately 550 feet east of North Federal Highway. The caption of Resolution No. 24-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA VACATING AND ABANDONING A 7-FOOT WIDE PEDESTRIAN INGRESS- EGRESS TRACT, LOCATED ON THE SOUTH SIDE OF ABANDONED ROYAL PALM BOULEVARD, APPROXIMATELY 550' EAST OF NORTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED I-IERE1N. (The official copy of Resolution No. 24-03 is on file in the City Clerk's office.) RESOLUTION NO. 25-03/ABANDONMENT OF SIDEWALK EASEMENT: Approve Resolution No. 25-03 abandoning a portion of a 6' wide perimeter sidewalk easement lying within tract P-2 of the Estuary Plat, located approximately 830 feet east of North Federal Highway, north of Denery Lane, south of Allen Avenue and immediately adjacent to the Intracoastal Waterway. The caption of Resolution No. 25-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A 6-FOOT PERIMETER SIDEWALK EASEMENT LYING WITHIN TRACT "P-2" OF THE PLAT OF ESTUARY (PB 86, PGS 75-80), AS MORE PARTICULARLY DESCRIBED BY EXHIBIT "A". 8oto (The official copy of Resolution No. 25-03 is on file in the City Clerk's office.) THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.1. -4- 04/15/03 8.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.2. 8.G. RESOLUTION NO. 21-03/ABANDONMENT OF UTILITY EASEMENT: Approve the abandonment of a portion of a utility easement lying within Lots 1 and 2 of the Lake Eden Subdivision, Plat No. 3, located at the northwest comer of Swinton Avenue and N.W. 25th Court. The caption of Resolution No. 21-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A UTILITY EASEMENT LYING WITHIN LOT 1 AND LOT 2, LAKE EDEN SUBDIVISION, PLAT NO. 3, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 21-03 is on file in the City Clerk's office.) 8.H. CHANGE ORDER NO. 2,rFINAL PAYMENT/CHAZ EQUIPMENT CO.~ INC.: Approve Change Order No. 2 in the amount of a $14,076.04 decrease, and final payment in the amount of $11,492.86 to Chaz Equipment Co., Inc. for the Swinton Gardens Subdivision Project. Funding is available from 118-1922-554-63.90 (Community Development/Other Improvements). 8.1. GRANT APPLICATION TO STATE OF FLORIDA: Authorize staff to s"'~mit a grant application to the State of Florida for funding in the approximate amount of $8,000.00 for the Community Emergency Response Team (CERT) of the Delray Beach Fire Department. 8.J. CONTRACT ADDENDUM/JEG ASSOCIATES: Authorize and approve an addendum to the contract between the City of Delray Beach and JEG Associates in thc total amount of $14,000 for the Southwest Area Neighborhood Redevelopment Plan. The CRA has agreed to pay $%000 of the cost. Funding is available from 118-1974-554-31.96 (Community Development Fund) and 001-6113 -559-31.96 (General Fund). 8.K. LEASE AGREEMENT/ST. STEPHEN LIMITED PARTNERSHIP: Approve a commercial lease agreement between the City of Delray Beach and St. Stephen Limited Partnership for the Dclray Beach Police Department Substation located at 1570 South Federal Highway. 8.L. HOUSING REHABILITATION GRANT\CONTRACT AWARDS: Approve Housing Rehabilitation grant\contract awards through thc Community Development Division in thc amount of $15,046.50 to South Florida Construction (507 S.W. 9th Court), $9,124.50 to Henry L. Haywood (1308 N.W. 2nd Street) and $18,700.50 to Henry L. Haywood (1315 Prospect Street). Funding is available from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant). -5- 04/15/03 8.M. FLORIDA DEPARTMENT OF TRANSPORTATION MASTER STREET LIGHTING AGREEMENT: Approve an agreement between the City of Delray Beach and Florida Department of Transportation (FDOT) for street lighting maintenance. FEDERAL GRANT APPROVAL/OFFICE OF HOMELAND SECURITY: Approve a federal grant with a 25% local match from the Office of Homeland Security to be administered by the State of Florida for computer/software, building security improvements, and protective equipment for the Police Department. 8.0. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for May 8, 2003 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 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, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, and authorize staff support for security and traffic control, barmer hanging and removal, barricade set-up/removal, trash removal and clean up, and use/set-up of City stages. 8.P. SPECIAL EVENT REQUEST/HOT AIR BALLOON GLOW: Approve a special event request for the Hot Air Balloon Glow to be held on May 30, 2003, granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue on May 30, 2003 from A1A to Venetian between 5:00 p.m. and 11:00 p.m., and staff support for security and traffic control, barricading, and signage preparation/set up, stage set up/take down, and trash removal for this event. 8.Q. SPECIAL EVENT REQUEST/2003 BUD LIGHT PRO/AM VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2003 Bud Light Pro/Am Volleyball Tournament to be held at the municipal beach on June 21 and 22, 2003. AWARD OF BIDS AND CONTRACTS: Contract award to Envirodyne, Inc. in the amount of $18,709.00 for supplemental laboratory analysis for water and wastewater for the Environmental Services Department. Funding is available from 441-5124- 536-34.90 (Water Treatment/Storage/Other Contractual Services). Purchase award to McCotter Ford in the amount of $20,748.00 via the Florida Sheriffs Association and Florida Association of Counties Bid #02- 10-0826 for the purchase of a 2003 Ford Crown Victoria for the Police Department. Funding is available from 001-2119-521-64.20 (Federal Forfeiture Account). Contract award to Arbor Tree & Land, Inc. in the amount of $44,500.00 for the removal of landscape and vegetative debris from the new Atlantic High School Site. Funding is available from 334-6120-519-61.90 (Other Land Costs). -6- 04/15/03 4. Lease award to Xerox Corporation in the total amount of $16,646.76 via the Putnam Contract #071736300 for the lease of a Xerox DC555SH digital copier for the Fire Department. Funding is available from 001- 2311-522-44.30 (Equipment Rental/Lease). 5. Purchase award to McCotter Ford in the amount of $30,933.00 via the Florida Sheriffs Association Bid #02-10-0826 for the purchase of a 2003 Ford Excursion for the Police Department. Funding is available from 001- 2119-521-64.20 (Police District 2/Automotive). 6. Bid award to Frederico, Inc. in the amount of $16,500.00 for demolition and land cleating of the property located at 150 Davis Road. Funding is available from 334-6120-519-61.90 (General Construction Fund/Other Land Costs). Mr. Levinson moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: REQUEST FOR IN-LIEU PARKING SPACES/OCEAN CITY LOFTS: Consider a request by Ocean City Lofts for the purchase of four (4) in-lieu parking spaces in the amount of $48,000.00 and the construction improvement of thirteen (13) existing on-street parking spaces in the adjacent rights-of-way. Ocean City Lofts is located at the southeast comer ofN.E. 2nd Street and N.E. 4th Avenue and on the west side ofN.E. 4th Avenue, 100 feet south of N.E. 2nd Street. Paul Dorling, Director of Planning and Zoning, stated. Ocean City Lofts is located at the southeast and southwest comer ofN.E. 2"a Street and N.E. 4tn Avenue and is a proposed mixed use development containing 63 residential units and 5,315 square feet of commercial space located on the ground level. Pursuant to LDR Section 4.6.9(C)(8) Shared Parking, the development requires 127 parking spaces. The proposed site plan provides 123 on-site parking spaces. Pursuant to LDR Section 4.6.9(E)(3)(b)(2) the applicant is requesting the purchase of four (4) in-lieu parking spaces at a cost of $12,000 each, totaling $48,000. LDR Section 4.6.9(E)(3)(e) states in addition to in-lieu fees, where adequate right-of-way exists adjacent to a proposed project the applicant must construct additional on- street parking. Mr. Dorling stated while the applicant will provide appropriate delineation of spaces, no new spaces will be created. Therefore, the applicant will not be eligible to receive reimbursement of the in-lieu fees paid. At its meeting of March 25, 2003, the Parking Management Advisory Board unanimously recommended approval of the applicant's request. -7- 04/15/03 Mr. Costin moved to approve the request of Ocean City Lofts for the purchase of four (4) in-lieu parking spaces and the construction improvements for the existing thirteen (13) on-street parking spaces adjacent to the site, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 9.A.1. of the Regular Agenda. 9.A.1. FINAL SUBDIVISION PLAT APPROVAL/SABAL LAKES PHASE IV: Approve the subdivision plat for Sabal Lakes Phase IV, located on the northeast comer of Barwick Road and the LWDD Canal L-31. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for Quasi-Judicial Heatings. Mayor Perlman asked the Commission to disclose any ex parte contacts. Mayor Perlman stated he received an email from Kevin MacMahon. No ex parte contacts were disclosed for Mrs. Archer, Mr. Costin, Mr. Levinson and Ms. McCarthy. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2003-064 and project file #2003-082 into the record. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, stated on April 26, 1988, the City Commission approved the Master Development Plan and Master Plan Narrative for Sabal Lakes, a planned residential development. At its meeting of November 18, 2002, the Planning and Zoning Board approved a Master Development Plan modification with conditions and internal adjustments for Phase IV of the Sabal Lakes subdivision. The approval was appealed to the City Commission by the Sabal Lakes Phase III Board of Directors. At its meeting of December 10, 2002, the City Commission upheld the Planning and Zoning Board's approval of the Master Development Plan Modification. The plat currently before the City Commission is required for single-family/zero lot line type developments and was listed as a condition of approval by the Planning and Zoning Board with the Master Development Plan Modification. At its meeting of February 24, 2003, the Planning and Zoning Board considered the proposed plat and after review, the Board voted (6-0) to recommend approval of the preliminary/final plat of Sabal Lakes Phase IV. Staff reconunends approval of both the plat and the abandonment request. Mayor Perlman declared the Quasi-Judicial Heating open. Michael Rodriguez, representing the applicant, concurs recommendation for approval of both the plat and the abandonment. with staff's 04/15/03 There being no one else from the public who wished to address the Commission regarding the final plat for Sabal Lakes IV, the public hearing was closed. Brief discussion followed between staff and the Commission. Mr. Levinson stated he did not support the road change before because after listening to Captain Licata he did have concerns that the stacking of vehicles on Barwick Road from the Sabal Lakes entrance to the south was going to create a problem with people trying to get out. Mr. Levinson asked if this has been discussed further and is it not going to be a problem now? In response, Mr. Dorling stated this has been discussed and the traffic concems will be alleviated to some degree with the proposed re-alignment. Mr. Perlman expressed concern over the traffic control at the new road and inquired if this will require an additional staffperson (i.e.C.S.O. or Police Officer). In response, Mr. Dorling stated it would be necessary for an additional staff person wherever there are additional conflicts. Mayor Perlman stated his concern was mitigated because if we did not take the road out then we end up with a multi-family development. Mayor Perlman stated the single family homes are more compatible with what currently exists. Mrs. Archer asked for clarification as to whether Mayor Perlman means a second traffic person or a crossing guard. In response, Mr. Dorling stated this would be primarily for children to cross and he does not feel there would be a need for an officer to facilitate vehicular control. Mr. Costin moved to approve the final subdivision plat for Sabal Lakes Phase IV, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.A.2. RESOLUTION NO. 22-03: Approve the abandonment of a portion of Sabal Lakes Road dedicated by Official Records Book 8255, Page 1362, located within Sabal Lakes Phase IV Development. The caption of Resolution No. 22-03: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA VACATING AND ABANDONING A PORTION OF SABAL LAKES ROAD, LOCATED WITHIN SABAL LAKES PHASE 4 DEVELOPMENT, AS MORE PARTICULARLY DESCRIBED BY EXHIBIT "A". (The official copy of Resolution No. 22-03 is on file in the City Clerk's office.) Ms. McCarthy moved to approve Resolution No. 22-03 approving the abandonment of a portion of Sabal Lakes Road Phase IV, seconded by Mrs. Archer. Upon roll 04/15/03 call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9,8. At this point, Mrs. Archer left the dais. REQUEST FOR IN-LIEU PARKING SPACES/BELUGA WINE BAR: Consider a request by Beluga Wine Bar for the purchase of four (4) in-lieu parking spaces in the amount of $48,000.00 and the construction of six (6) on-street parking spaces in the adjacent rights-of-way. Paul Dorling, Planning and Zoning Director, stated the proposal calls for a restaurant with outdoor seating area totaling 1,929 square feet and a two-bedroom residential unit on the second floor. Pursuant to LDR Section 4.4.1(G)(1)(d) and (e) the proposed development requires the provision of fourteen (14) parking spaces and the site plan provides ten (10) parking spaces. Pursuant to LDR Section 4.6.9(E)(3)(b)(2) the applicant is requesting the purchase of four (4) in-lieu parking spaces at $12,000 each, totaling $48,000. Mr. Dorling stated LDR Section 4.6.9(E)(3)(e) states in addition to in-lieu fees due where adequate right-of-way exists adjacent to a proposed project, the applicant must construct additional on-street parking. The applicant proposes to construct six (6) off-site parking spaces within the right-of-way and will seek reimbursement of a portion of the in-lieu parking fee. At its meeting of March 25, 2003, the Parking Management Advisory Board unanimously recommended approval of the applicant's request. Mr. Levinson moved to approve the request of Beluga Wine Bar & Restaurant for the purchase of four (4) in-lieu parking spaces and the construction of six (6) on-street parking spaces, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9oCo At this point, Mrs. Archer returned to the dais. FISCAL AGENT/ADM PREVENTION GRANT/VILLAGE FOUNDATION: Consider a request for the City to act as the fiscal agent for funds in the amount of $185,000.00 from the Florida State Department of Children and Families' Alcohol, Drug Abuse and Mental Health Prevention Grant Program through a service agreement with the Village Foundation. Lula Butler, Director of Community Improvement, stated this is a request before the Commission for approval to allow the City to act as the fiscal agent for programs and dollars funded through the State ADM Prevention Grant Program on behalf of the Village Foundation. The City served as the fiscal agent and administered the ADM Prevention Grant Program dollars for the MAD DADS organization now doing business as Village Foundation from 1994 to 2002. The CEO exercised his option to contract directly with the State for fiscal year 2002/2003. The State is now requesting the City to once again become the fiscal agent of these funds. The total -10- 04/15/03 funding request is $185,000. Mr. Levinson commented that he would like to see the agreement with changes before it is executed. Ms. Butler stated the agreement is required to come back to the Commission before it is executed and explained that the request before the Commission this evening only gives staff the authority to submit the application to the State. Ms. McCarthy moved to approve proceeding forward to submit the application to the State, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.D. SPECIAL EVENT REQUEST/5th ANNUAL GARLIC FESTIVAL: Consider approval of a special event request for the 5th Annual Garlic Festival to be held November 7-9, 2003, granting a temporary use permit for use of City rights-of-way (N.E. 1st Avenue from Atlantic Avenue to N.E. lSt Street and N.E. 2nd Avenue from the alley just north of Atlantic Avenue to N.E. 1st Street), sign code waiver to allow signs more than one week prior to the event, staff assistance as requested; contingent upon sponsor providing a certificate of insurance, liquor liability insurance, and a hold harmless agreement. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to consider endorsement of the 5th Annual Garlic Festival event which is scheduled to be held November 7-9, 2003. The request also includes a temporary use permit request for the closure of N.E. 1st Avenue from Atlantic to the alley. In addition, the request includes the closure ofN.E. 2nd Avenue north of Atlantic to N.E. Ist Street. The request also includes the use of the north side of the City Hall parking lot, Worthing Park parking lot for people coming to the event as well as vendors. Staff support is also requested as outlined in the agenda backup memo and a request to waiver LDR's Section 4.6.7(D)(3)(j)(ii) to allow signage and banners to be placed more than one week prior to the event. The estimated overtime is approximately $20,000. Ms. McCarthy asked when the non-profit status will actually be in place. In response, Nancy Stewart, Executive Director for the Garlic Festival, stated everything is in place for the non-profit status. Ms. McCarthy asked if the owners of the Bread Company came back to staff with some type of compromise when they responded. In response, Mr. Barcinski stated Mr. Himmerlich did not verbally agree to the compromise and he did not alter another suggestion. Billy Himmerlich, owner of the Bread Company, stated he spoke with Nancy Stewart and voiced his concern for safety reasons as well as for functional reasons for the bakery. Mr. Himmerlich urged the Commission that the street not be entirely closed off because it denies them access to the only parking for the Bread Company. Brief discussion followed between staff and Mr. Himmerlich. Nancy Stewart, Executive Director the Delray Beach Festival, stated about two parking spots in front of the door of the Bread Company and stated the fence can be put on the west side of the two parking spots to provide a little more space. In addition, Ms. Stewart stated they have agreed to provide security. Ms. Stewart stated they are working with Toussaint -11- 04/15/03 L'Ouverture High School on an art project to help decorate the fence so that people who attend the Garlic Festival will not just be looking at a fence. Mr. Costin moved to approve the special event request for the 5th Annual Garlic Festival to be held November 7-9, 2003, subject to the changes in the location of the fence, the closure of N.E. 1st Avenue as per the compromise proposed by Ms. Nancy Stewart, and staff recommendations, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.E. RESOLUTION NO. 26-03: Consider approval of Resolution No. 26-03 establishing a Public Arts Implementation Committee. The caption of Resolution No. 26-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING AN IMPLEMENTATION COMMITTEE FOR THE PURPOSE OF CREATING A NOT-FOR-PROFIT CORPORATION AND OUTLINING PROCEDURES NECESSARY TO IMPLEMENT THE CITY PUBLIC ARTS ORDINANCE. (The official copy of Resolution No. 26-03 is on file in the City Clerk's office.) Brian Shutt, Assistant City Attorney, stated this resolution was drafted based on direction that staff received from the Commission Workshop meeting last week. The resolution provides that four members of the Public Arts Task Force shall be appointed to the Public Arts Implementation Committee and another five members (3 laypersons, one accountant and a legal professional) will be chosen by the Commission to be appointed on the Implementation Committee. The Committee shall sunset by October 1, 2003. The $20,000 payment shall be deemed an advance on art fees to be paid by the city during the 2004 fiscal year. Mrs. Archer moved to approve Resolution No. 26-03, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.F. FUNDING FOR PARKING/DELRAY BEACH PUBLIC LIBRARY: Consider information on the Debt Service Analysis for the Delray Beach Public Library Parking Project and direct staff regarding same. Due to a conflict of interest, Mr. Levinson refrained from any discussion regarding the library. Joseph Safford, Finance Director, stated per the direction of the Commission and the City Manager, the Finance Department has prepared the debt service cost for thc $2.5 million that the library is requesting. Mr. Safford explained that this is structured like a bond issue -I2- 04/15/03 because this will be financed over a period of twenty years. Mr. Safford stated staff designed what the debt service will look like in next year's budget and compared that to the current budget and included the debt service for the library. Mr. Safford explained that the debt service will remain relatively stable next year and will be less than the debt service from this year. The City Manager stated in terms of millage (if this is not done) it amounts to approximately four hundredths of a mill. Mr. Costin and Mrs. Archer stated they both support the Debt Service Analysis. Mayor Peflman stated this is an important project and he feels this is a good investment that will reap many returns for the City of Delray Beach. In addition, Mayor Perlman noted that the library has raised significant dollars to complete this project and will also open a key redevelopment site which should net the city some tax base when the library is relocated. Ms. McCarthy stated she too supports the Debt Service Analysis and thanked Mr. Safford for the extra time he spent with her today regarding this issue. It was the consensus of the Commission to proceed with drafting an agreement with the Library and the CRA regarding the funding. At this point, the time being 7:00 p.m. the Commission moved to the duly advertised Public Hearings portion of the Agenda. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 7-03 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Chapter 4, "Zoning Regulations", of the Land Development Regulations by amending Section 4.4.9 (G)(2), "North Federal Highway Overlay District" to add self service storage facilities as a conditional use and provide specific regulations, LDR Section 4.4.9 (G)(2)(c), for these facilities. Prior to consideration of passage of Ordinance No. 7-03 a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 7-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (CC) DISTRICT", SUBSECTION (G)(2), "NORTH FEDERAL HIGHWAY OVERLAY DISTRICT", TO ADD SELF SERVICE STORAGE FACILITIES AND ADDING SUBSECTION (c) PROVIDING SUPPLEMENTAL -13- 04/15/03 REGULATIONS FOR SELF SERVICE STORAGE FACILITIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 7-03 is on file in the City Clerk's office.) The City Attorney stated this item will be conducted as a quasi-judicial heating which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte contacts. Mrs. Archer stated she had conversations with Michael Weiner, Anthony Pugliese, Meryl Stumberger, Tom McCormick, and received a copy of correspondence from Badcock Home Furniture & More. Mr. Costin stated he had conversations with Tom McCormick, Anthony Pugliese, Michael Weiner, Meryl Stumberger, Becky Jennings, and received a copy of the correspondence from Badcock Home Furniture & More who wrote in support of the project. Mayor Perlman stated he met with Michael Weiner, Anthony Pugliese, Meryl Stumberger, and received a letter from John Baber, President of Badcock Home Furniture & More. Ms. McCarthy stated she has had no conversations with anyone but she did receive a copy of the letter from Badcock Home Furniture & More in support of this project. Mr. Levinson stated he had conversations with Michael Weiner, Anthony Pugliese, Meryl Stumberger, Tom McCormick, and Bonnie Kuljian of Kokomo Key and received a copy of the letter from Badcock Home Furniture & More. Paul Doffing, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2003-129. Mr. Doffing stated currently self service storage facilities are only allowed in the MIC (Mixed Industrial Commercial) and the LI (Light Industrial) zoning districts and are limited to one story. This LDR will expand the area to include the GC (General Commemial) zoning district to include the North Federal Highway Redevelopment Plan and increase the allowable height to 48 feet to accommodate a new self storage facility. The North Federal Highway area was subject to a Planning "Charrette'. This process included a large public input component and resulted in the development of the North Federal Highway Redevelopment Plan which was adopted by the City Commission on March 16, 1999. The Overlay District was approved to allow certain light industrial uses to stimulate redevelopment in this area. It is noted that not only is this use not identified as an appropriate use it is currently specifically prohibited. Mr. Dorling stated this amendment is not consistent with the Comprehensive Plan particularly with the Future Land Use Element Policy C-1.4. The applicant's justification statement further implies the type of use is needed in the city and the staffreport identifies ½ million square feet of self storage facility in or near the city limits. Mr. Doffing stated the LDR amendment cannot be made and as the LDR amendment does not further the goals, objectives and policies of the Comprehensive Plan and in fact is in direct conflict with the Comprehensive Plan, staff -14- 04/15/03 recommends denial of the request. Mayor Perlman declared the Quasi Judicial Hearing open. Michael Weiner, representing the applicant, made a brief presentation for the property located at 2512 North Federal Highway. Mr. Weiner stated that this is an amendment to the LDR's of the City of Delray Beach, Florida specifically Section 4.4.9(G)(2) in order to allow self storage service facilities as a conditional use in the North Federal Highway Overlay District. Mr. Weiner stated they are asking for assistance to amend the ordinances in order to have the opportunity to construct a mixed use facility where a nursery and vacant land are presently located. John Mullholland stated he has been in this industry for eighteen years and has seen it develop from a metal building and unpaved driveways to this. This is designed to serve local residents primarily very small businesses and designed basically to serve the community. Mr. Mullholland stated these are localized facilities that have served localized markets and explained that these are pushed by convenience and by people who have excess things they need to store. Robert Rennebaum, P.E. (President of Simmons & White, Inc.), stated self- storage generates the lowest traffic that can be put on this site. Mr. Rennebaum stated the alternative for a retail use in the general commercial district of small 20,000 square feet in size, would generate twice as much traffic as this would. Mr. Rennebaum stated that a traffic impact statement has been submitted to staff that shows capacity is available on the adjacent roadways. Bradley D. Miller, AICP, President of Miller Land Planning & Consultants, Inc., Delray Beach, stated he has reviewed the project in comparison with the Comprehensive Plan and the current regulations and most important component of the North Federal Highway Plan was to encourage the revitalization of that area. Mr. Miller stated he feels this project makes it consistent with the North Federal Highway Plan and the Comprehensive Plan. Mr. Miller stated this is a difficult area because of the depth of the property and noted that they are complying with the retail along Federal Highway and the service uses along Dixie Highway. The self storage use provides an innovative use that will help with the residents moving into the area as well as the businesses to provide that additional storage space. At this point, Mr. Weiner entered into the record the letters of support. Mayor Perlman declared the public hearing open. McCall Credle-Rosenthal, 817 North Lake Avenue, Delray Beach (President of the La Hacienda Homeowners' Association), stated she is speaking on behalf of the neighbors and commented that they support the project. Bonnie Kuljian, 925 Kokomo Key Lane, Delray Beach (President of the Board), stated she sent a letter to the residents asking their opinion along with a copy of the recommendation from Planning and Zoning. Ms. Kuljian stated she received 90 signatures -15- 04/15/03 opposing the project. Todd Harvey, 848 Kokomo Key Lane, Delray Beach, stated he does not feel that the proposed project for a self storage facility is consistent with the plan that was set forth. With regard to the redevelopment in the area, Mr. Harvey stated there are a lot of positive things in the North Federal Highway area and he feels the Plan is working. Mr. Harvey stated he does not want to see a zoning change that could open up the possibility for other things to come in that could potentially have a negative impact. There being no one else from the public who wished to address the Commission regarding the proposal, the public heating was closed. Mr. Dorling stated that at the Planning and Zoning Board meeting it was indicated that this would involve 12,002 storage areas in about 130,000 square feet. Mr. Dorling continued to state that there is a small component of office and commercial which equates to approximately 10,000 square feet. Mr. Dorling stated at its meeting of March 15, 2003, the Planning and Zoning Board unanimously recommended denial to the City Commission of the proposed text amendment based upon a failure to make positive findings with respect to LDR Section 2.4.5(M). Mr. Weiner stated they are not abandoning the North Federal Highway Plan but he feels there is a difference in opinion of what the Plan says. Mr. Weiner stated that the Plan states it wants "new uses". Mr. Weiner stated with respect to this particular parcel this is unusual set of circumstances. He explained that it is 400 feet long (twice as long as it is wide) and there is a need to put something in the middle. Brief discussion by the Commission followed. Mrs. Archer stated she has a storage unit and commented that it does not look like the proposed facility and commented that there is little activity with regard to people coming and going. Mrs. Archer stated she does not feel that there is a lot of activity that is added by a storage unit. However, Mrs. Archer stated this is clearly not what one thinks of when thinking of a storage facility. Mrs. Archer stated this is an interesting use of a mixed use in an area and she supports the project. Mr. Levinson stated he supports the project because he feels it is a nice addition to the corridor, it is a good looking building, it is a good mixed use facility with office retail and some self storage. In addition, Mr. Levinson stated with all the residential going up in the area the storage facility will need to go somewhere. Mr. Costin stated he struggled a little with this and came to the conclusion that this property is unique in that the depth of it does not allow full utilization of the property in the inner part of the properties. Mr. Costin stated he does not feel there would be a condition available for use on North Federal Highway that would be more pleasing then this particular structure and he supports the project. -16- 04/15/03 Ms. McCarthy stated she feels this is a creative and aesthetically appealing project that could create a very positive addition to the neighborhood. Ms. McCarthy inquired about the height restriction of 48 feet. In response, Mr. Dorling stated the amendment that is being proposed is specific to the current regulations which apply to self storage which limit the heights to 15 feet. Mr. Dorling stated staff is not aware of where the height is being measured and noted there are some additional changes that are being proposed with respect to parking and the like that deviates from what is currently required elsewhere for self storage facilities. The City Manager expressed concern over the parking situation because what is being proposed, and what the ordinance would allow, is zero parking spaces for all the storage bays and zero parking spaces with two loading spaces. The City Manager stated that he does not feel a minimum of two parking spaces will be adequate and he feels there will be parking problems unless the number of parking spaces is increased. Mr. Dorling stated there is a small mixed use element and commented that when the CRA considered this request, they recommended approval subject to the applicant increasing the retail and office components. The City Attorney stated if the Commission wishes to change parking and the square footage as it relates to a retail use this would need to be done in an ordinance which would require the Commission to bring back a new ordinance because the current ordinance has already been advertised as a public heating. Mr. Miller stated since the initial concept they have added twelve parking spaces that would essentially be designated for the self storage use. He stated that with the mixed use, there is shared use of the spaces throughout the project. Mr. Costin asked if the parking requirements conform to the retail space as in the present City Code. In response, Mr. Miller stated there is enough parking there for the retail uses and reiterated that this would be a shared use between those. Mrs. Archer asked if the retail fronting is Federal Highway and Dixie Highway. In response, Mr. Miller stated the retail uses are actually fronting Federal Highway per the North Federal Highway Plan and the service/office uses are facing Dixie Highway. Ms. McCarthy asked how many parking spaces will there be? In response, Mr. Miller stated on the site plan that is being referred to there is total of 58 parking spaces. Mayor Perlman stated the plans need to be flexible and he feels having the retail element of this is a benefit and a good balance. Mayor Perlman continued to state the building is very attractive and he supports the project. ordinance. Mrs. Archer moved to deny the Ordinance No. 7-03 and direct staffto draft a new -17- 04115/03 For the record, the City Attorney stated a change in the parking requirements would in effect be a "zoning ordinance in progress" and the applicant would be bound by this. Mr. Weiner stated this would be acceptable by the applicant. Ms. McCarthy asked for clarification with regard to approving a "zoning ordinance in progress". In response, the City Attorney stated the Commission can deny the ordinance and bring back a new one. Or, approve this ordinance with the idea to amend it and with the understanding that the City has given the applicant notice that staff will amend the ordinance with regard to the parking, and that the applicant is also subject to the changes to be contained in the new ordinance with regard to parking and any other changes to square footage requirements, etc. After brief discussion and for clarification purposes, the Commission directed staff to evaluate what parking should be required and draft a new ordinance. The Commission concurred that there would be no changes to the square footage requirements. follows: After discussion, Mrs. Archer stated she would like to restate her motion as Mrs. Archer moved to adopt Ordinance No. 7-03 on Second Reading/Second Public Heating, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 47-02 (ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2003-01): Consider on second reading an ordinance adopting Comprehensive Plan Amendment 2003-01 and associated Future Land Use Map (FLUM) amendment (Previously adopted as Comprehensive Plan Amendment 2002-02). Prior to consideration of passage of Ordinance No. 47-02 a public heating has been scheduled to be held at this time. The caption of Ordinance No. 47-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2003-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2003-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -18- 04/15/03 (The official copy of Ordinance No. 47-02 is on file in the City Clerk's office.) Amendment 2003-01 includes: · Modification of the definitions' section of the Public Schools Facilities Element, by adding numerous new definitions. · Modification of Policy B-2.1 of the Future Land Use Element, regarding Concurrency, to add specific language with respect to Public School Concurrency Review. · Modification of Policy A-2.4 of the Future Land Use Element, regarding the location of the automobile dealerships, to decrease the area which dealerships should be directed to, as a result of a rezoning which expanded the CBD (Central Business District). · Modification of the Inventory and Analysis section of the Coastal Management Element to reflect the recent completion of the Beach Renourishment Project. · Modification of the Introduction and Summary of Major Features (Planning Area subsection), Objective B-3 and Policies B-3.1 and B-3.2 of the Future Land Use Element, all regarding the provision of services to land within the planning area. 1. Privately initiated Future Land Use Map amendment from LD (Low Density Residential, 0-5 du/ac) to CC (Commercial Core) for a 0.025 acre parcel of land located on the north side of S.E. 4th Street, approximately 127 feet east of S.E. 6th Avenue (northbound Federal Highway) associated with the Meridian Mixed-Use Development. The City Attomey read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Dan Marfino, Principal Planner, stated Comprehensive Plan Amendment 03-1 previously known as Comprehensive Plan Amendment 02-2, was transmitted to the Florida Department of Community Affairs (DCA) for review following an adoption public hearing held by the City Commission on December 3, 2002. DCA declined to process the amendment as the City had already adopted two comprehensive plan amendments (01-2 on February 15th and 02-1 on October 15th) during the 2002 calendar year. It had been previously understood that the twice yearly limit applied to an amendments effective date and not the adoption date. It is now necessary to readopt the same amendment and associated ordinance in the current calendar year. No items in this amendment have been added, deleted, or modified in any respect, from those items previously considered and adopted in Comprehensive Plan Amendment 02-2 on December 3, 2002. Amendment 03-1 includes one (1) Privately-initiated Future Land Use Map amendment and five (5) City-initiated text changes. At its meeting of September 23, 2002, the Planning and Zoning Board, considered Amendment 03-1 (as 02-2) at a public hearing on -19- 04/15/03 September 2, 2002, and recommended approval of the transmittal of the amendment to the Florida Department of Community Affairs. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 47-02, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 47-02 on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 5-03: An ordinance amending Chapter 7, "Building Regulations", Chapter 2, "Administrative Provisions" Section 2.4.6, "Procedures for Obtaining Permits", and Chapter 4, "Zoning Regulations", Section 4.5.4 "Coastal Construction" of the Land Development Regulations to provide consistency with the 2001 Florida Building Code Changes. Prior to consideration of passage of Ordinance No. 7-03 a public heating has been scheduled to be held at this time. The caption of Ordinance No. 5-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELl*AY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 7, "BUILDING REGULATIONS", SECTION 7.1.3, "BUILDING CODE" AND SECTION 7.1.7, "SEAWALLS"; ARTICLE 7.2, "ELECTRICAL CODE", SECTION 7.2.1, "GENERAL PROVISIONS", SECTION 7.2.2, "PERMITS AND INSPECTIONS", AND SECTION 7.2.3, "TECHNICAL REQUIREMENTS"; ARTICLE 7.3, "GAS CODE", SECTION 7.3.1, "ADOPTION BY REFERENCE"; ARTICLE 7.5, "MECHANICAL CODE"; ARTICLE 7.6, "PLUMBING CODE"; CHAPTER 2, "ADMINISTRATIVE PROVISIONS", SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS AND APPROVALS", SUBSECTION 2.4.6(B), "BUILDING PERMITS" AND SUBSECTION 2.4.6(C), "CERTIFICATE OF OCCUPANCY"; CHAPTER 4, "ZONING REGULATIONS", SECTION 4.5.4 "COASTAL CONSTRUCTION", SUBSECTION 4.5.4(C) "DEVELOPMENT REGULATIONS", TO PROVIDE FOR THE ADOPTION OF THE 2001 FLORIDA BUILDING CODE AND AMENDMENTS TO THE 2001 FLORIDA BUILDING CODE ADOPTED BY PALM BEACH COUNTY, TO ELIMINATE DUPLICATIONS, TO RENUMBER AND REORGANIZE AS APPROPRIATE; -20- 04/15/03 PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 5-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the proposed text amendments are to modify the applicable LDR sections to achieve consistency with the 2001 Florida Building Code and amendments to the 2001 Florida Building Code adopted by Palm Beach County, as well as to eliminate duplications, and to renumber and reorganize as appropriate. At its meeting of March 17, 2003, the Planning and Zoning Board held a public hearing regarding this item and after discussion, the Board voted (6-0) to unanimously recommended approval. Mayor Perlman declared the public heating open. There being no one who wished to address the Commission regarding Ordinance No. 5-03, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 5-03 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 8-03: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", of the Code of Ordinances by amending S~ection 96.25, "Discharge or Use of Fireworks" to prohibit the use of pyrotechnic special effects, flame effects, or similar devices inside of buildings/enclosed spaces and to specify the requirements for outdoor fireworks displays. Prior to consideration of passage of Ordinance No. 8-03 a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 8-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.25, "DISCHARGE OR USE OF FIREWORKS", TO PROVIDE THAT THE USE OF PYROTECHNIC SPECIAL EFFECTS, FLAME EFFECTS OR SIMILAR DEVICES INSIDE BUILDINGS OR OTHER ENCLOSED SPACES IS PROHIBITED AND TO SPECIFY THE REQUIREMENTS -21- 04/15/03 FOR OUTDOOR FIREWORKS DISPLAYS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 8-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 8-03, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 8-03 on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 9-03: An ordinance amending Chapter 95, "Emergency Management", of the City Code of Ordinances by amending Section 95.10, "Fire and Hazardous Materials Emergencies" to clarify the definition of hazardous materials. Prior to consideration of passage of Ordinance No. 9-03 a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 9-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 95, "EMERGENCY MANAGEMENT", SECTION 95.10, "FIRE AND HAZARDOUS MATERIALS EMERGENCIES", TO CLARIFY THE DEFINITION OF HAZARDOUS MATERIALS, PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 9-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 9-03, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 9-03 on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer -22- 04/15/03 - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Peflman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. ll.B. From the Public. ll.B.1. Jennifer Wood~ 917 Bucida Road~ Delray Beach~ stated she has noticed a lot of development in the A1A area and commented the front area of the latest estate at the boundary of Highland Beach and Delray Beach is only 36 feet or so from the pavement of A1A. Ms. Wood stated if this continues north she feels the beauty and landscaping will be lost and she would like to see this preserved. Furthermore, Ms. Wood stated too many large estates are being built along the Gold Coast and she feels this is destroying the views and charm of the city. Mayor Perlman informed Ms. Wood that he will be meeting with a couple of the trustees of the Beach Property Owners' Association next week about neighborhood design guidelines for the beach area and he stated they will hopefully address some of her concerns. ll.B.2. Kevin Ballard, 248 N.W. 14th Avenue~ Delra¥ Beach, expressed support for Chuck Ridley despite what has been written in the newspaper about his financial problems. Mr. Ballard urged the Commission to support for Mr. Ridley and commented that he has been very instrumental in the redevelopment for West Atlantic Avenue and would like to keep Mr. Ridley working for the community. ll.B.3. Bernard Quince~ President of MAD DADS Chief Patrol~ spoke in support of Chuck Ridley and stated that whatever needs to be done for the community he feels Mr. Ridley can still get it done regardless of the fact what has happened and urged the Commission to support him. ll.B.4. Bettina Pratt~ 320 S. Ocean Boulevard Unit #V-F, Delra¥ Beach (Lanikai Villas Condominium) stated she is opposed to the lifeguard station being built within their view and she feels this diminishes the value of their beachfront property. Ms. Pratt stated she feels the lifeguard station is an intrusion and expressed concern over this being a safety issue. Ms. Pratt continued to state the new station is 400 feet from the water on the back side of the dune making it too far to see over the berm where the children play at the water's edge. Ms. Pratt stated lifeguards sit in the high unprotected wooden chairs nearer to the water and are subjected to health hazards such as skin cancer, respiratory problems and eye damage. Ms. Pratt stated before the lifeguard tower was planned she feels that the lifeguards and residents of Lanikai Villas Condomium should have been consulted to discuss their thoughts and suggestions. Ms. Pratt stated the residents of Lanikai Villas investigated state of the art mobile lifeguard stations which give adequate protection from the elements. Ms. Pratt explained that the -23- 04/15/03 mobile lifeguard stations are less expensive, designed for maximum air circulation and sun protection, have minimal blind spots and are moveable. Lastly, Ms. Pratt expressed concern over the height of the trees and hedges which have obliterated the water's view. Ms. Pratt stated the shrubbery is a problem in itself and she feels it acts as a hide behind fence for noisy nighttime activities. Ms. Pratt urged the Commission to help correct this problem by cutting down the shrubs and trimming the trees to restore peace, quiet and safety to the area. ll.B.5. Pamela Stevens, 320 S. Ocean Boulevard Unit #UR (Lanikai Villas Condominium) Delra¥ Beach, is strongly opposed to the lifeguard station and inquired if the lifeguard stations went through the same approval process with the Planning and Zoning Board. Ms. Stevens supports the portable lifeguard stations and stated the lifeguard station that is in the process of being built is useless and commented that it is located much closer to her home then it is to the edge of the water. Ms. Stevens urged the Commission to look into this matter with the people who live on the beach and stated she and others were not aware that the lifeguard stations were going to be built. 11.B.6. Charlotte Wright~ 802 N.W. 2nd Street, Delra¥ Beach, expressed concern over there being a need for more activity centers in the community. 11.B.7. Rita Ellis, 512 Andrews Avenue, Delray Beach, asked the Commission to take a project that they have been working on for sometime and move it up on the priority scale. Ms. Ellis stated she is the owner of Climate Control Services (a mechanical service company) and they primarily change out air conditioners for people which require a permit. Ms. Ellis stated she has had some discussion with Lula Butler, Director of Community Improvement, about the ability to obtain these permits online versus picking up the permits in person in order to pay for them. Ms. Ellis encouraged the Commission to look into this because she feels it will benefit a great number of people. ll.B.8. Al Williams, 734 E. Chatelaine Boulevard, Delra¥ Beach (member of the current Residents Academy), thanked the City of Delray Beach for providing the Residents Academy and stated he feels this is a great program. However, Mr. Williams stated during the last session he noticed that the Reserve Fund is low. Mr. Williams suggested that the Commission think of some creative ways to increase the amount in the Reserve Fund. At this point, the Commission moved to Item 12, First Readings and Ms. McCarthy left the dais. FIRST READINGS: 12.A. ORDINANCE NO. 11-03: An ordinance amending Chapter 91, "Animals" of the City's Code of Ordinances by amending Section 91.02, "Livestock and Poultry", Section 91.25, "Vicious Dogs; Muzzles", Section 91.26, "Report of Dog Bites Required", Section 91.28, "Impoundment; Disposition", and Section 91.42, "Impoundment Authorized Disposition" to accurately reflect the department/designees responsible for handling animal complaints and -24- 04/15/03 impoundment issues; and provide for an impoundment fee of $10.00. If passed, a public hearing will be scheduled for May 6, 2003. The caption of Ordinance No. 11-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING TITLE IX, "GENERAL REGULATIONS," OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 91, "ANIMALS", SECTION 91.02, "LIVESTOCK AND POULTRY; IMPOUNDMENT", AMENDING SECTION 91.25, "VICIOUS DOGS; MUZZLES", AMENDING SECTION 91.26, "REPORT OF DOG BITES REQUIRED", AMENDING SECTION 91.28, "IMPOUNDMENT; DISPOSITION"; AMENDING SECTION 91.42, "IMPOUNDMENT AUTHORIZED; DISPOSITION", PROVIDING FOR REFERENCES TO THE ANIMAL CONTROL OFFICER INSTEAD OF CITY; PROVIDING FOR REFERENCES TO CATS AND DOGS INSTEAD OF ANIMALS AND INCREASING THE DISPOSAL FEE FROM $5 TO $10; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Archer asked if a vicious dog is considered a vicious dog because it has previously attacked or bitten someone or is it based on a type of breed (i.e. pit bull). Ten'ill Pybum, Assistant City Attorney, explained that staff was trying to keep the definition consistent with the County's definition of vicious animals. Mr. Levinson moved to approve Ordinance No. 11-03 on FIRST Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9oGo At this point, the Commission moved to Item 9.G. of the Regular Agenda. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint three (3) regular members to the Board of Construction Appeals for unexpired terms ending August 31, 2003 and August 31, 2004. Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat g4), and Mayor Perlman (Seat #5). -25 - 04/15/03 Mr. Levinson moved to appoint Fred Fetzer (Engineer) as a regular member to the Board of Construction Appeals for an unexpired term ending August 31, 2003, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. Mayor Perlman stated he wished to appoint Mary Ellen Keating (Construction/Teacher) as a regular member to the Board of Construction Appeals for an unexpired term ending August 31, 2004. Mr. Levinson so moved, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. At this point, Ms. McCarthy returned to the dais. Ms. McCarthy moved to appoint Clifton Miller (General Contractor) as a regular member to the Board of Construction Appeals for an unexpired term ending August 31, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Peflman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular member to the Civil Service Board for a two (2) year term ending April 1, 2005. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Ms. McCarthy moved to appoint Larry Zalkin (Financial Advisor) as a regular member to the Civil Service Board for a two (2) year term ending April 1, 2005, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.1. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint two (2) regular members to the Code Enforcement Board for unexpired terms ending January 14, 2004 and January 14, 2006. Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4). Mr. Levinson moved to appoint David Hawke (Architecture) as a regular member to the Code Enforcement Board for an unexpired term ending January 14, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to appoint Robert Marks (Construction Inspector) as a regular member to the Code Enforcement Board for an unexpired term ending January 14, 2006, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. -26- 04/15/03 9.J~ APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY BOARD: Appoint two (2) members to the Community Redevelopment Agency Board for unexpired terms ending July 1, 2005 and July 1, 2006. Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4). Because of a conflict of interest, Mayor Perlman stepped down due to a ruling from The Florida Commission on Ethics and passed the gavel to Vice Mayor Levinson. Vice Mayor Levinson moved to appoint Franklin Wheat as a member to the Community Redevelopment Agency Board for an unexpired term ending July 1, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote. Prior to the vote, Vice Mayor Levinson voiced his concems with the appointment of Mr. Lewis due to activities at his place of business. Ms. McCarthy moved to appoint Howard Lewis (Business) as a member to the Community Redevelopment Agency Board for an unexpired term ending July 1, 2006, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - No; Ms. McCarthy - Yes. Said motion passed with a 3 to 1 vote. Mayor Perlman returned and Vice Mayor Levinson passed the gavel to Mayor Perlman. 9.K. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint two (2) alternate members to the Nuisance Abatement Board for two-year terms ending March 31, 2005. Based upon the rotation system, the apPointments will be made by Commissioner Costin (Seat #1) and Commissioner Archer (Seat #2). Mr. Costin moved to appoint Mark Behar (Property Management) as an alternate member to the Nuisance Abatement Board for a two year term ending March 31, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. Mr. Archer moved to appoint Eileen Marks (Retired CSR/Banking) as an alternate member to the Nuisance Abatement Board for a two year term ending March 31, 2005, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) member to the Police and Firefighters' Retirement System Board of Trustees to fill a two (2) year term ending April 22, 2005. Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5). -27- 04/15/03 Mayor Perlman moved to reappoint John "Jack" Frysinger to the Police and Fire fighters' Retirement System Board of Trustees to fill a two year term ending April 22, 2005, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - No. Said motion passed with a 4 to 1 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13~ COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. With regard to a concern expressed at the April 1st meeting regarding motorcycle noise on North Federal Highway, the City Manager stated that additional signage has been installed in the 100 block of North Federal Highway. Mr. Levinson stated he has noticed on weekends (predominantly Friday and Saturday nights) he does not see a Police officer at some of the places where the noise from the motorcycles occurs most. He suggested perhaps an officer could be assigned to these areas for a couple of weekends to help get the message out to the offenders. With regard to comments expressed by Mayor Perlman and Commissioner Costin with regard to litter, the City Manager stated the crews who clean up West Atlantic Avenue will also clean up the Worthing Park parking lot and the CRA parking lot to try and eliminate the problem. 13.B. City Attorney. With regard to the extra benefits issue for the Police and Fire, the City received a sample letter opposing the definition of extra benefits as currently in the legislation. The City Attorney stated staff would like authorization from the Commission to send those letters to legislators. Mayor Perlman stated he would like to review the letter prior to mailing. 13.C. City Commission. 13.C.1. Commissioner Levinson Mr. Levinson presented pictures regarding the alleyway behind the shopping center on Tropic Boulevard and trucks parking there. Mr. Levinson suggested that the "No Parking" signs be put back up because it is no longer an accessible alley with the truck parking delivering for the shopping center and asked that staffrespond to Mr. Carter. Secondly, Mr. Levinson stated the opening of the "505" Teen Center was great. Mr. Levinson commented about Loretta McGhee's funeral and stated that he appreciates the effort of Delores Rangel, Administrative Assistant, for taking care of some recognition to the McGhee family on behalf of the Commission. -28- 04/15/03 Mr. Levinson expressed he hopes there is a way to thank the volunteers who worked on "Paint up Delray". Mr. Levinson stated that the Rhythm & Blues Festival was great. Mr. Levinson stated he had the opportunity on Saturday night to give the welcome to the International Tennis Championships for the twelve year olds. Mr. Levinson stated there were approximately 300-400 people in attendance and he took a survey of the crowd and noted that there were approximately 10 people from Palm Beach County, 40-50 people from Florida, and the rest of the people were from around the country. Mr. Levinson stated one of the objectives with this sponsorship was to bring people from outside of Florida to Delray Beach. Mr. Levinson stated the number of people that came from out of the area was quite significant and he feels this is great. Mr. Levinson stated on Sunday he attended the Daughters of Zion Academy Fast and the turnout was great. Mr. Levinson stated last night he thought he was going to present the "Key to the City" to the Danish Ambassador. However, the Danish Ambassador sent the Deputy Chief of Mission. Mr. Levinson suggested that staff look at some alternatives with regard to the "Key to the City" that we are currently using and come up with something that may be a little more appropriate. Furthermore, Mr. Levinson suggested that there be two types of keys; one, to recognize people inside the community and another key so that we can appropriately recognize foreign dignitaries. Mr. Levinson stated that everyone is raving about the City's new website. However, Mr. Levinson suggested that we move into Phase II of the website with regard to occupational licenses and permits. Mr. Levinson feels this is an opportunity for the city to potentially save some dollars in administrative costs if we can get this on the web. Mr. Levinson stated Friday morning he will have the opportunity to meet with the King of Guana with the Museum of Discovery and Science who will be in South Florida. Mr. Levinson stated contrary to the "doom and gloom" over the high school issue, a new middle school will be built at the old location of Atlantic High School and the Palm Beach County School Board has named the new middle school 03~LL. Mr. Levinson stated the design is scheduled for the year 2008 and construction is scheduled for the year 2009. Mr. Levinson stated there has been some discussion about the school having a magnet program probably for the arts. Mayor Perlman asked if there is anything that can be done to keep this school on track. In response, Mr. Levinson suggested that Janet Meeks, Education Coordinator, attend the workshops to monitor the capital plan. Mr. Levinson stated the School Board is anticipating an enormous shortfall and that they are talking about the possibility of cutting out is seventh period, all electives, band, arts, all teacher aides, and all sports. Mr. Levinson stated the School Board -29- 04/15/03 will not have a choice because there will be no money. He reiterated that it would be helpful for Janet Meeks to attend the workshop meetings. Mayor Perlman stated there was some criticism at the time with regard to Atlantic High School with "land banking". Mayor Perlman commented about an article in The Sun- Sentinel News about the problems that Broward has. Mayor Perlman stated Broward has no land left and did not land bank for schools and still has a huge need for additional classroom space. 13.C.2. Commissioner McCarthy Ms. McCarthy reported that the plaza on the comer of Lake Ida Road and Congress Avenue is looking very good. Secondly, Ms. McCarthy commented about Mayor Perlman being on the front page of The Delra¥ Times. With regard to the National Forum for Black Public Administrators, Ms. McCarthy stated that on Monday, April 28th guests are expected to arrive between 6:00-6:30 p.m. at Creations. Ms. McCarthy suggested that the guests be officially greeted by the Mayor and Commissioners between 9:00-9:15 p.m. at the Amphitheatre at Old School Square. Ms. McCarthy asked Mayor Perlman to read and present a proclamation that evening to the guests. 13.C.3. Commissioner Costin Mr. Costin asked the City Manager if staff was able to take a look at the area along North Federal Highway that is an eyesore (North of George Bush Boulevard bordering Dixie Highway) and suggested that there be some landscape relief. The City Manager stated he has not yet received a response back from staff regarding this matter. Mr. Costin stated he also attended the Teen Center opening and feels it is a great addition to the community for the teens to meet, learn and enjoy themselves. Mr. Costin stated he attended the Academy Movie Awards at Old School Square and commented although it started late he still had a good time. In addition, Mr. Costin attended the Flag Rally on Friday evening and people who were there were enthusiastic. Mr. Costin stated he also attended the International Tennis Championships and had the opportunity to talk with many of the children. Mr. Costin stated two out often children were from Florida and the rest were from out-of-state. Mr. Costin stated this event is bringing a lot of publicity to Delray Beach and business downtown. Mr. Costin stated he attended the Sister Cities and Delray Art League Awards and commented that he was very impressed with the artwork. -30- 04/15/03 Lastly, Mr. Costin stated he also attended the Rhythm and Blues Festival and commented that everyone was having a great time. 13.C.4. Commissioner Archer Mrs. Archer stated she was out of town Thursday through Saturday night and therefore missed a lot of the events Commission Levinson and Commissioner Costin attended. However, Mrs. Archer stated she did attend the International Tennis Championship Dinner on Monday evening. Secondly, Mrs. Archer commented she missed the opening of the "505" Teen Center. However, the Friday before she had the opportunity to take a look at what is going on there and commented that she is amazed at how the center has come such a long way. Mrs. Archer suggested that the Commission give direction to Ivan Ladizinsky, Public Information Officer, to inform the public about the status of the lifeguard stations and whether or not the sea grapes can be trimmed. Mrs. Archer concurred with comments expressed by Mr. Levinson regarding Phase II of the website and stated she strongly supports following through with Phase II. Mrs. Archer informed the Commission she attended the Local Government Leadership Conference and commented that Mr. Don Ross gave a presentation from Earth Balance. Mrs. Archer stated Mr. Ross talked about the possibility of taking land that might be in environmental areas or that originally had environmental uses and restoring them and he noted that there are Federal grants to do that. Mrs. Archer said she talked to Mr. Ross about our Parks program and the desire to make pocket parks in the community especially in the southwest and northwest sections. Mr. Ross informed her if this is vacant land in a redevelopment area there may be some grant possibilities for the city. She gave this information to the City Manager. 13.C.5. Mayor Perlman Mayor Perlman commented about an article dated April 10, 2003, in The Daily Business Review titled the "A tale of 2 cities" and stated that the article analyzes what has happened with Atlantic Avenue versus Clematis Street. Secondly, Mayor Perlman commented about another article dated March 30, 2003, which appeared on the intemet (www.bocaratonbuzz.com) and read some quotes from the article. Mr. Perlman stated this website is now defunct after five years. Mayor Perlman reminded everyone that there is a South Central Wastewater Treatment and Disposal Board (SCRWTDB) meeting and then from there the Commission will go to accept an electric car as a donation from Autobahn Motors. Mayor Perlman thanked the City staff in particular Delores Rangel, Administrative Assistant, the City Attorney, the City Manager, the City Clerk and many others -31- 04/15/03 for giving him the extra support over the last few weeks during his transition from Commissioner to Mayor. There being no further business, Mayor Perlman declared the meeting adjourned at 9:20 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on April 15, 2003, 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. -32- 04/15/03 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS CO~t~tY WHO MUST FILE FORM 8B Th~ form Is for use by any i~son eswing at the ~ty, dry, er Mher kx:al level of gavernme~ o~ ~ a~ or ~ ~, ~, commission, auffierity, er ~omrnittae. It ~ies equally ~o membe~ of ~ and no~ b~lies ~ am Ixeser~ed with a voting conflict of interest ~ SectJ~ 112.3143, Finnda Statutes. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A ~ holding elecl~ve or ~ntlve ~ounty, mu~tl~l, or ~ lecal Ix~bllc ~ MUST ABSTAIN from ~ting ~ a meesum ~,/nictl inures to hia of h~f $~)~)~ml ~:N'~v~ gain or in~. Each emoted er ~ ~1 ~ ~ b ~ ~ ~ ~i~ ~ m ~ ~mnt o~an~fion er subsidia~ ~ a ~e ~1 ~ ~ ~ m ~ · ~i~); ~ ~ ~ll ~e gain ~ ~ of I ~a~e: ~ ~ ~ l~al p~ta gain ~ ~ ~ I b~i~ ~e. ~m ~ ~mu~ ~e~ ~ u~ ~c. 1~.3~ ~ 163.357, F.S.. a~ ~m ~ ~ ~ ~ ~ ~ ~ I ~. ~ ~ mm ~ ~ ~ ~ ~ ~t . ~r~, ~, a~ ~h~. A ~i~ ~e' ~ any ~ ~ e~ ~ in ~ m~g on a b~i~s am ~ Ibt~ ~ any ~al or ~ ~ ~). ELECTED OFFICERS: PRIOR TO THE VOTE BEING TAKEN by I~;a~Y ~tating ta Itte esesmblY Ihe nature of Y~Ur Intamst in b'~e mea"um on v/nich you W~'HIN 15 DAYS Ap H=R THE VOTE OCCURS by c~'~gMting ertl filing lh~ fom~ with ~ge ~ I~,~,-,~OM ~ ~ng ~ m~ urns of ihe meeting, who at~_ _~ inc,.nxxata e~e ferm in ere mlnutas. . ..... . · y~ must ,'~mplete and file this form (b~,;~,-~ maldng any atWnpt ta Inllt~ce ~e desisien) with It~ P~rao~ resemble for ~mmi~g the minutas of the meeting, w~o will tneerlx~ate the f~m in ~e minutes. (C~.~n~d o~ o~er ~kle) CE FORM aB - EFF. 1J2000 PAGE APPOINTED OFFICERS: IF YOU INTEND TO MAKE ANY A I"TEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL TAKEN: IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEE'F1NG: · ymj must clisclose orally b~e nature ~ your c:onflict in the measure before Ilert~ng. · You must cxwnplete the fo~m ind ~e it wtthin 15 dlys iIt~' the v~'e --'~'~- _~1 with Ihl'~l~ ~ ~ ~ ~~s~ meeting, who must Incorporate the form in the mlnute$. A copy of the fo~m must ~ ~ ~ ~ ~ ~r ~ ~ ~ DISCLOSURE OF LOCAL OFFICER'S INTEREST NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE I 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 S10,000. · CE FORM B8 - EFF. lt~O0 PAGE 2 FORNI 8B :MEM_0RANDU_M OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PU,,Bo, LIC OFFICERS WHO MUST FILE FORM 8B commie·on, authority, or committae. It al~las ·dually to mempe~ of advlaon/and non-edvtmxy bodies who am pr·seined with a vo~ng ~m~tict of interost under Section 112.3143, Flodda Statutes. Your mllx~nsibilitles under ~ law when faced wi~ ~.~;,.j on a mi·sum in ~i~ ~ ~ I ~fl~ ~ ~e~ ~fl ~ ~a~ ~di~ INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A i~e~son holding olact~e or ai:~ointive county, munici!~al, or other local public o~tce MUST ABSTAIN from ~ting on a meesum which inures to his or her apecial private gain or Im~. Each elected or ~oointad local officer .,ilo la IxoNbited from knowingly Wing on a mas- lure vv~ich inures to the i~ecial gain or loss of a principal (other than a govammem agency) by whom he or ih· il r~toined (including the I~erent organization or aub$idian/of a cohort· I~ncipal by which he or She la retained); to the Ipe~al ~'~,,~rata gain or k~s of a relative; or to the sPeCial private gain or loss of a businees associate. Commi~ioners of community redevelopment.agencies under Sec. 163.356 or 163.357, F.S.. and officers of independent ~pesial tax distorts elected on a one~cro, one.-v~e basis are not prohibited from vo~ing in that For puqx~es of ~is law, · 'relative' inctudea only the of~cer'$ father, mother, esn, deughtor, husband, wife, Ixother, ~star, fatbar-in-faw, mother-in-law, son-in-law, end daughfar-imlaw. A 'business associate' means any person or entity engaged in or cen'ying on · business ente~riBe with the officer as a partner, joint ~ntumr, coowner of Ixoperty, or co~orata chlmholdor (where the shams of the co~x~ratlon Ire n~t Ilatad on any national or regional ~ exchlnge). ELECTED OFFICERS: PRIOR TO THE VOTE BEING T/~EN by i~ubliely stating to the aesembly the nature of your Interest in ~e meesuro on ~ you I~e abstaining from v~fing; end WITHIN t5 DAYS AFTER THE VOTE OCCURS by comldetJng and ~ing thla fom~ with the Pemon m~on~qbfa for f~:.~ngthe min- APPOINTED OFFICERS: AlthOugh you must Ibltoin from v~ting in the Iltultlonl des4:rlbed above, you 1~"4~/~le may I~lrlic~mte in these ntltfam. ~, you by yo~ or at your direction. IF YOU INTEND TO MAKE ANY A'I'FEMPT 1'O INFLUENCE THE DEClBION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You muir complete and file this farm (bafom making any Itfampt to influence the desislon) v/4h the potion mlixm~'~e for reconllng the mth~es of the meeting, ,#ho will incoq~to the fan~ in the minutes. (Continued on other lido) CE FORM BB - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) · The form must be mad p~b#cdy at the next m~eting Mter ~e form b filed. IF YOU ~E NO A~E~T TO I~UENCE ~ DEClSI~ ~CE~ BY DISCUSSI~ AT ~E ME~NG: ~fl~, ~o m~ ~e ~ ~ ~ ~ ~n~s. A ~ ~ ~ ~t ~ ~ i~y ~ ~ ~m ~ ~ DISCLOSURE OF LOCAL OFFICER'S INTEREST (I) A mel~Um came o~ will come befofl my Igency whic~ (chl~ -- Inured to my special i:~mte gain or ._k~__-: -- Ir,~'ld to Ifle Iplcill gain Ot Ica~ d my kllktlll IIlOCilltl, J NOTICE: UNDER PROVISIONS OF FLORIDA ~i'ATUTES §112.317. A FAILURE 1'O MAKE ANY REQUIRED DISCLOSURE J CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUGTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXGEED $10.000. CE FORM 88 - EFF. IFJ000 PAGE 2 WHEREAS, Officer Jean-Albert 'Johnny' Pun was bom in New York City, served in the United States Army Reserves as a Combat Engineer and Counter Intelligence Agent and after completing his active duty training, relocated to South Florida; and WHEREAS, Johnny marTled his beautiful wife, Love, and through this wondertul union, he is a devoted father to three children: Sahphlere, Maya, and Jahq; and WHEREAS, in 1991, Officer Pun was hired by the Delrey Beach Police Department and has worked in the Patrol Division, Community Policing Division, Criminal investigative Division; and he is a member of the Traffic Task Force, Field Training Officer, facilitator in Cultural Diversity for the Police Department, and DARE and GREAT instructor; and WHEREAS, Officer Punn helped to form the first Haitian Citizens Police Academy, facilitated courses in Creole for the Community Emergency Response Team, and played a key role in developing and implementing the Strategic Task Team; and WHEREAS, Officer Johnny Pun desired to break down the barriers that existed between at-risk and disadvantaged youth in Delray Beach and the Police Department; and to educate the youth in hopes of them becoming responsible 'gainfully employed" citizens. He opened the 'Eye Opener Academy' and later became the Visionary for a project called the Delray Youth Vocational Charter School; and WHEREAS, Officer Pun researched the autometive industry and sold his vision to key stockholders, met with officials, recruited a Board of Directors, secured grants and other funding, received 501(c)(3) non-profit status for the school, obtained citizens, staff, teachers who volunteer their time; and the Delray Youth Vocational Charter School is now a reality and bed its grand opening in August 2002; and WHEREAS, offoar Johnny Pun works at the school full-time assisting in teaching classes, providing school security, custodian duties, cuunseling/mentoring students, and transportation; and WHEREAS, Officer Jean-Albert 'Johnny" Pun was selected as the Palm Beach Post's "Dlsflngulabed Law Officer of the Year". NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, and all of the citizens of Delrey Beach do hereby recognize and commend OFFICER JOHNNY PUN and cell upon all present to acknowledge the outstanding and tremendous contributions he has mede to the Delray Beach Police Department and residents of Delray Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delrey Beach, Florida, to be affixed this 6th day of May, 2003. JEFF PERLMAN MAYOR WHEREAS, animal poaching is the illegal killing or capturing of wildlife and is a tragic problem with a devastating effect on our wildlife; and WHEREAS, early American semen hunted wild animals for game and killing for food was considered a fight; and WHEREAS, the wildlife population became threatened by "market" hunters who killed animals to satisfy peoples' demands for fancy feathered hats and elegant wildlife mine; and WHEREAS, in 1872, Congress limited market hunting and established Yellowstone National Park for the benefit of the people and wildlife; and in 1886, the army stepped in to restore order and enforce the laws due to illegal kills continuing in the park; and WHEREAS, Congress passed the first major U.S. legislation to protect wildlife known as the Lacey Act of 1900 prohibiting the interstate transport of any wildlife or wildlife product take in violation of state law; and this act paved the way for future laws protecting wildlife; and WHEREAS, our wildlife is being threatened to the point of possible extinction for certain species and it is up to us, the people, to ensure that wildlife remain a part of nature. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 7, 2003 as DAY OF AWARENESS ON ANIMAL POACHING in the City of Delray Beach, Florida, and encourage all citizens to join in protecting our wildlife. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of De. kay Beach, Florida, to be affixed this 6~' day of May, 2003. JEFF PERLMAN MAYOR WHEREAS, the open exchange of public discoume is essential to the democratic system of government; and WHEREAS, as a comemtone of democracy Americans have observed certain rules of behavior generally known as civility; and WHEREAS, civility, derived fram the Latin words 'civitas" meaning city and 'civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others; and WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and WHEREAS, civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and WHEREAS, civility can uplift our daily life and make it more pleasant to live in an organized society; and WHEREAS, the City, County and Local Government Law Section of the Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do proclaim May 2003 as CIVILITY MONTH in Delray Beach and urge all citizens to exercise civility toward each other. 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 6~ day of May, 2003. JEFF PERLMAN MAYOR WHEREAS, our Delray Beach residents and visitors are increasingly utilizing our waters for recreation and relaxation, and as opportunities for on-the-water activities expand yearly, be it known that with growth comes additional responsibility. It is essential that both novice and experienced boaters practice safe boating habits, such as wearing a life jacket, avoiding the abuse of alcohol, having a vessel safety check and taking a safe boating course; and WHEREAS, we heartily endorse this year's National Safe Boating Week theme, "Boat Smart From The Start, Wear Your Life Jacket", thus recognizing that approximately 75,000 members of 'Team Coast Guard" (Auxiliary, Regulars, and Reserve) encourage everyone to enjoy our waters, but in a manner that prevents them from contributing to boating accidents. We urge all boaters to wear, and buckle up their life jackets as they work or play around the water; and WHEREAS, the law requires that life jackets be carded for each person on board a boat and we must recognize that hundreds of lives could be saved each year by the weadng of life jackets. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 17, 2003 through May 23, 2003 as NATIONAL SAFE BOATING WEEK' in Delray Beach, Florida, and urge all citizens to support the goals of the National Safe Boating Campaign and U.S. Coast Guard Auxiliary and start the year-round effort to promote safe boating. 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 6th day of May, 2003. JEFF PERLMAN MAYOR WHEREAS, Delray Beach enjoys a dch and diverse cultural life and the award winning Community theater group, the Innisfree Irish Theatre Company has been a vital part of that life for the past 14 years; and WHEREAS, the Innisfree Idsh Theatre Company plays an important role in Connecting people of Idsh Hedtage to the theater and in introducing many North American Theater tans to the thriving Irish dramatic tradition; and WHEREAS, the Innisfree Idsh Theatre Company has been selected to host the 10a Annual Acting Irish International Theatre Festival, an annual event that alternates between a Canadian and U.S. host city every year and celebrates the traditions of the Irish stage as Irish Community theater groups present the best in classic and Contemporary Irish drama and Comedy; and WHEREAS, the Acting Irish International Theatre Festival Combines the best attributes of Community theater, including its accessibility, openness and volunteer spidt, with the high caliber of performance associated with international Competition; and WHEREAS, the Innisfree Idsh Theatre Company will proudly present the Festival in cooperation with Old School Square as eleven Community theater groups from across the United States, Canada, and Ireland perform on the Crest Theatre stage, May 11-17, 2003; and WHEREAS, the Delray Beach Mardott and various local I~usinesses will join with the Innisfrae irish Theatre Company and Old School Square in welcoming the Festival participants. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of May 11, 2003 through May 17, 2003 as "ACTING IRISH INTERNATIONAL THEATRE FESTIVAL DAYS" in Delray Beach, Florida and welCome the Innisfrea Irish Theatre Company as they host the International Theatre Festival. IN WITNESS WHEREOF, I have hereunto set rny hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15~ day of April, 2003. JEFF PERLMAN MAYOR WHEREAS, Histodc Preservation fosters a deeper understanding of the diversity of our distinct national and local heritage; and WHEREAS, Histodc Preservation enhances the livability and sustainability of communities, both large and small across America; and WHEREAS, Historic Preservation helps us recognize the integral role of the community and its sense of place; and WHEREAS, "Cities, Suburbs, and Countryside" is the theme for Preservation Week 2003 co-sponsored by the Delray Beach Historical Society, the Florida Division of Historical Resources Regional Office, and the National Trust for Historic Preservation. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Flodda, on behalf of the City Commission do hereby proclaim May 5, 2003 through May 12, 2003 as NATIONAL PRESERVATION WEEK and call upon the people of Delrey Beach, Florida, to recognize and participate in this special observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed the 6~ day of May, 2003. JEFF PERLMAN MAYOR WHEREAS, Emergency Medical Service is a vital community service; and WHEREAS, the membem of the Delray Beach Fire-Rescue Department and other City Agencies are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recover./rate of those who experience sudden illness or injury; and WHEREAS, Emergency Medical Service teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, lifeguards, dispatchers, police officers, educators, administrators, and others; and WHEREAS, the members of the Emergency Medical Service team engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, the residents of and visitors to Delray Beach benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical service providers by designating Emergency Medical Services Week. 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, in recognition of this event, do hereby proclaim the week of May 18, 2003 through May 24, 2003 as EMERGENCY MEDICAL SERVICES WEEK in Delray Beach, Florida and commend our Emergency Medical Service teams for a job well done. S .IN. WITNESS WHEREOF, I have hereunto sat my hand and caused the Official ea or [ne City of Delray Beach, F orida, to be affixed this 6th day of May, 2003. JEFF PERLMAN MAYOR WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and infom~ed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection, parks and canal maintenance; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform; and WHEREAS, this year's theme '~rhe Strength of Public Works", is a tribute to the positive improvements public works employees have made to our communities. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the ~ity of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of May 18, 2003 through May 24, 2003 as NATIONAL PUBLIC WORKS WEEK in Delray Beach, Florida, and urge all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official th Seal of the City of Delray Beach, Florida, to be affixed this 6 of May; 2003. JEFF PERLMAN MAYOR MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER % AGENDA ITEM # %~ - REGULAR MEETING OF MAY 6. 2003 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWAT~:~t TREATMENT AND DISPOSAL BOARD ACTION DATE: MAY 2, 2003 This is before the City Commission to ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting on April 17, 2003. By a vote of 8 to 0, the SCRWTD Board approved the following: · Authorization to expend $7,746 from repair and replacement funds on an emergency basis for two (2) submersible pumps for the plant's lift station. · Authorization to sign agreement with Widell, Inc. to provide contractor at-risk services for a two-year period. · Authorization to expend $1,491,080 from repair and replacement funds for the following task orders: (1) Repair sanitaire diffusers (2) Repair clarifier bridge (3) Repair channel in screening bldg. (4) Repair radiator & blower piping (5) Contingency $477,003 $474,010 $298,685 $41,382 $200,000 · Authorization to enter into contract with Widell, Inc. for Task Order #1 not to exceed $399,033; Task Order #2 not to exceed $439,010; Task Order #3 not to exceed $223,685; and Task Order #4 not to exceed $41,382. · Authorization to enter into contract with R.J. Sullivan Corp. for construction of 2 million gallon reclaimed storage tank in the amount of $835,010. Recommend ratification of the actions approved by the SCRWTD Board on April 17, 2003. S:\City Clerk\chevellc folder\agenda memo~\.SCRW'IT) Board Action of 05.06.03.doc BOARD City Council Members of Boynton B~ach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone (561) 272-7061 (551) 734-2577 Fax: (561) 255-2357 E-raail: scrwwtp@ ix.netcom.com MEMORANDUM TO: FROM: DATE: RE: Ms. Chevelle Nubin City Of Delray Beach Mary Ann Shumilla April 18, 2003 RATIFICATIONS FOR SIGNATURE Attached are the Ratifications from the Quarterly Annual Meeting of April 17, 2003 which require signatures. Would you place these on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratifications are executed. Thank you. RECEIVED . C~Y CLERK RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 17, 2003, by a vote of 8-0, approve AUTHORIZATION TO EXPEND $7,74[6. FROM REPAIR & REPLACEMENT FUND ON AN EMERGENCY BASIS FOR (2) SUBMERSIBLE PUMPS FOR THE PLANT'S LIFT STATION. WHEREAS, said Board action requires ratification by the City of Boynton Beach end the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved es to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 2003 WHEREAS, the South Central Regional Wastewater Treatment end Disposal Board did on April 17, 2003, by a vote of 8-0, approve AUTHORIZATION TO SIGN AGREEMENT WITH WlDELL, INC. TO PROVIDE CONTRACTOR AT RISK SERVCES FOR A TWO YEAR PERIOD. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of~t~ Beach this day of , , by a vote. CITY OF DELRAY BEACH By: · Mayor Attest: City Clerk Approved es to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 2003 WHEREAS, the South Central Regional Wastewater Treatment end Disposal Board did on April 17. 2003, by a vote of 8-0, approve AUTHORIZATION TO EXPEND ~1.491.080.00 FROM REPAIR & REPLACEMENT FUNDS FOR THE FOLLOWING TASK ORDERS. WIDELL BOARD H & $ TOTAL 1.Repair Sanitaire Diffusers $$99,003 $68,000 $10,000 $ 477,003 2.Repair clarifier bridge $439,010 $20,000 $10,000 $ 474,010 3.Re~air ch~"~'? in Screening Bldg. $223,685 $E5,000 $10,000 $ 288,685 4.Re~air radiator & blower ~ipi=g $ 41,382 ! $ 41,382 5.Con=i~gency $200,000 $ 200,000 TOTAL: $1,103,080 $358,000 '$30,000 $1,491,080 WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delrey Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of 4~f~te~ Beach this day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 2003 WHEREAS, the South Central Regional Wastewater Treatment end Disposal Board did on April 17, 2003, by a vote of 8-0, approve AUTHORIZATION TO ENTER INTO CONTRACTOR A T RISK AGREEMENT WITH WlDELL, INC. FOR: TASK ORDER #1 FOR A NOT TO EXCEED PRICE OF $ 399,033; TASK ORDER #2 FOR A NOT TO EXCEED PRICE OF ~ 439.010; TASK ORDER #3 FOR A NOT TO EXCEED PRICE OF $ 223,685; TASK ORDER #4 FOR A NOT TO EXCEED PRICE OF ~ 41,382; AND AUTHORIZATION FOR EXECUTIVE DIRECTOR TO SIGN AND EXECUTE AT TIME DETERMINED APPROPRIATE. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of ~ Beach this day of , , by a vote. CITY OF DELRAY BEACH By: Mayor A, ttest: City Clerk Approved as to form: City A~orney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 17, 2003, by a vote of 8-0, approve AUTNORIZA TION TO ENTER INTO CONTRACT WITH R. J. SULLIVAN CORP. FOR CONSTRUCTION OF 2 MILLION GALLON RECLAIMED STORAGE TANK IN THE AMOUNT OF $835,010. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delmy Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Beach this day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # %~ - REGULAR MEETING OF MAY 6. 2003 ~CRWTDB/RECI-AIMED WATER SYSTEM EXPANSION DATE: MAY 2, 2003 This is before the City Commission to approve an increase to Purchase Order #606547 in the amount of $150,000.00 to the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) for the construction of a two (2) million gallon reclaimed water storage tank at the treatment facility. This is the first phase of the Reclaimed Water System Expansion Project. The City of Boynton Beach and the City of Delray Beach are both paying equal shares of $300,000.00. Funding is available from 441-5181-536-63.95 (Water/Sewer). Recommend approval of the increase in the amount of $150,000.00 for the first phase of the Reclaimed Water System Expansion Project. S:\City Clerk\chevelle folder\agenda menms\SCRW'I~B.Additional Funding. 5.6.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D 2003 TO: FROM: SUBJECT: DATE: ww~.mydelraybeach.com David T. Harden, City Manager ~ Richard C. Hasko, P.E., Environmental Services Director SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT PLANT RECLAIMED WATER SYSTEM EXPANSION April 24, 2003 Attached is a request from Bob Hagel, Executive Director for the South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB), for action by the City Commission authorizing the provision of matching grant funds to SCRWTDB for the construction of a 2 million gallon storage tank. This facility represents the first phase of expansion of the Board's reclaimed water system. A $300,000 grant has been awarded for this project by the South Florida Water Management District (SFWMD). Matching funds were originally programmed for this project in the mount of $300,000 with $150,000 each being provided by Delray Beach and Boynton Beach. The amount was based on matching the maximum grant amount provided under the SFWMD Alternative Water Supply Grant Program. Bids for the construction of the storage tank were recently received with the lowest responsive bidder's proposal evaluated at $835,010. Allowing for the flexibility necessary to administer any contract additions during the course of the construction of the facility, the total projected amount needed is $900,000. On this basis, each City will provide matching funds in the amount of $300,000. In September, 2002, and after City Commission approval at their August 5, 2002 Regular Meeting, Purchase Order #606547 was issued to the SCRWTDB in the amount of $190,000. This amount was based on providing the City's share of the described grant match and engineering consulting fees for design and permitting of the storage tank, reflecting line items in the amounts of $150,000 and $40,000 respectively for those expenses. This request, then, is to increase P.O. #606547 by an additional $150,000 for a total of $340,000. This represents the City's total current share for engineering design and construction of the 2 million gallon tank. Funding for this expense is available in Water & Sewer Connection Fees in account #441-5181- 536-63.95, SCRWTDB Reclaimed Water System. Please place this item on the May 6 agenda for consideration by Commission. /rch C: Dan Beatty, P.E., Deputy Director of Public Utilities BOARD City Council Members of Boynton B~ch & D~]ray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue * Delray Beach, Florida 33445 Telephone (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-mail: scrwwtpOix.netcom.com MEMORANDUM TO: FROM: DATE: RE: Dick Hasko, Director, City of Deh-ay Beach Environmental Services Mark Law, D~ p/~/~.~City of Boynton Beach Utilities Robert Hagel ~~~ April 18, 2003 RESOLUTION On April 17, 2003 the Board, by a vote of 7-0, authorized the funding for the rec!o!med storage tank as listed below: AUTHORIZATION TO FUND CONSTRUCTION OF 2 MILLION G,4LLON RECLAIMED STORAGE TANK IN THE AMOUNT OF $600,000 DIVIDED EQUALLY FROM BOYNTON BEACH AND DELRAY BEACH UTILITY DEPARTMENT FUNDS IN THE AMOUNT OF $300,000 PER CITY. THESE FUNDS WILL BE USED AS A MATCH FOR $300,000 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2002/2003 ALTERNATE WATER SUPPLY GRANT. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the board at the Quarterly Meeting of April 17, 2003 as set forth in the attached Exhibit "A:. Therefore, we are asking for a Resolution from both Cities to approve their funding. Would you please see that this is placed on your City's next Agenda for approval. EXHIBIT "A' AUTHORIZATION TO FUND CONSTRUCTION OF 2 MIr. LION G.~LLON RECLAIMED STORAGE TANK IN THE AMOUNT OF $600,000 DIVIDED EQU,,ILrJY FROM BOYNTON BEACH AND DELRAY BEACH UTILITY DEPARTMENT FUNDS IN THE AMOUNT OF $300,000 PER CITY. THESE FUNDS WILL BE USED AS A MATCH FOR $$00,000 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2002/2003 ALTERNATE WATER SUPPLY GRANT. Agenda Item No. Requestto be placed on: X RegularAgenda __ SpedalAgenda __ Workshop Agenda AGENDA RE U~ Date:~ When: Ma 6_y_.~,_~..~ Description of item (who, what, where, how much): Staff requests Commission approval t(3 increase P.O. ~606547 to the South Central Reqional Wastewater Treatment & Disposal Board by an amount of $150,000 to provide adequate qrant matchin.q funds for the construction of a ? million .qallon reclaimed water stora.qe tank at the treatment facility. This tank is the first phase ur the SCRWTDB reclaimed water system expansion preiect to ultimately provide reclaimed wate~ quality treatment of 100% of plant effluent. The City's total match contribution is $300,000. Tho amount of $150,000 was approved and encumbered last year for this purpose. Fundin.q for thi,~; request is available in Water & Sewer Connection Fees account fl441-5181-536-63.95, SCRWTDB Reclaimed Water System. ORDINANCE/RESOLUTION REQUIRED: YES/N_.~O DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of increasinq the referenced P.O. by $150,000. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives: Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved (if applicable) TO: THRU: FROM: SUBJECT: DAV PAUL PLANNING AND ZONING NGUYEN TRAN, SENIOR ~-~ ~_...__.____ MEETING OF MAY 6, 2003 COMBINED PRELIMINARY/FINAL PLAT FOR A 1.296 ACRE, 32-UNIT TOWNHOUSE DEVELOPMENT KNOWN AS DELRAY SEBASTIAN, LOCATED AT THE SOUTHEAST AND SOUTHWEST CORNERS OF N.E. 5TM AVENUE (FEDERAL HIGHWAY SOUTHBOUND) AND N.E. 3RD STREET. At its meeting of October 1, 2002, the City Commission approved the Final Plat for San Sebastian. The plat for San Sebastian was recorded in November of 2002 in Plat Book 96, Page 117. Prior to the construction, it was discovered that some platted lot sizes will need to be readjusted to accurately reflect property lines between units. The modification of lot lines requires a replat of the property. The plat currently before the City Commission is required for Multi-family townhouse type developments and was listed as a condition of approval by the Planning and Zoning Board. The proposed plat consists of a 32-unit, three-story fee simple townhouse development to be known as Delray Sebastian. The number of lots, dedication language, plat boundaries and final engineering plans for Delray Sebastian all remain the same as the plat of San Sebastian. Positive findings with respect to LDR Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan were made with San Sebastian and the lot adjustments on the plat of Delray Sebastian will not have a negative impact on these findings. The Planning and Zoning Board considered the proposed plat at their meeting of April 21, 2003. After reviewing the staff report, the Board voted 6 to 0 to recommend to the City Commission approval of the combined preliminary/final plat of Delray Sebastian. All technical items have been satisfactorily addressed. By motion, approve the preliminary plat of Delray Sebastian and certify the final plat based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan. Attachments: · Location Map · Reduced Plat · Planning and Zoning Staff Report of April 21, 2003 S:~ P&ZIboards~city commission~Delray Seba$§an-CCdoc. doc I IIIIINIIIIIII~LLLt// ~/[ I1~1]1111]~111~11 I~11111111~111t1111// ' ~ ,.', t '~J TERRACE A LAN TIC AVENUE WA TERWA Y EAST 2OMMERCIA CONDO ~ARBOUR CO N DELRAY SEBASTIAN :i Meeting Date: Agenda Item: Project Name: Project Location: April 21, 2003 V.B. Delray Sebastian (Replat of San Sebastian) Southeast and southwest corners of N.E. 5th Avenue (Federal Highway Southbound) and N.E. 3rd Street. The item before the Board is that of approval of a combined preliminary/final plat for a 32-unit, three-story fee simple townhouse development known as Delray Sebastian (replat of San Sebastian). The subject property is located at the southeast and southwest corners of N.E. 5th Avenue (Federal Highway Southbound) and N.E. 3rd Street and consists of approximately 1.296 total acres. At its meeting of Apdl 24, 2002, the Site Plan Review and Appearance Board (SPRAB) granted site plan approval for a 32-unit townhouse development on the subject property. At its meeting of September 23, 2002, the Planning and Zoning Board approved the Preliminary Plat and Certified the Final Plat for San Sebastian. At its meeting of October 1, 2002, the City Commission approved the Final Plat for San Sebastian. The plat for San Sebastian was recorded in November of 2002 in Plat Book 96, Page 117. Pdor to the construction, it was discovered that some platted lot sizes will need to be readjusted to accurately reflect property lines between units. The modification of lot lines requires a replat of the property. The plat currently before the Board reconfigures more than 3 lots; therefore, by definition is considered a major subdivision and is subjected to Preliminary Plat approval by the Planning and Zoning Board prior to City Commission final action. As previously mentioned, the plat for Delray Sebastian is a replat of San Sebastian (PB 96, PG 117) recorded in November of 2002. The number of Lots, Dedication Language, Plat Boundaries and Final Engineering Plans for Delray Sebastian all remain the same Planning and Zoning Board Staff I~eport Meeting of April 21,2003 Delray Sebastian Plat Page 2 as the plat of San Sebastian. Positive findings with respect to LDR Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan were made with San Sebastian and the Lot adjustments on the plat of Delray Sebastian will not have a negative impact on these findings. It should be noted that Tract "A", dedicated as right- of-way on the Plat of San Sebastian, is not included as pa~ of this plat; therefore the total number of dedicated Tracts for Delray Sebastian plat~is decreased by one. The following table below depicts the Lots to be resized, their current lot width (in feet), their proposed lot width (in feet) and the total amount of adjustment (in feet). 22.00' 21.67' - 0.33' 20.00' 20.34' + 0.34' 20.00' 20.33' + 0.33' 20.00' 20.33' + 0.33' 20.00' 20.34' + 0.34' 20.00' 20.33' + 0.33' 20.00' 20.34' + 0.34' 20.00' 20.33' + 0.33' 20.00' 20.33' + 0.33' 22.00' 20.33' - 1.67' 20.00' 22.00' + 2.00' Please note: Plus (+) symbols represent an increase and Minus (o) symbols represent a decrease in overall lot width by the amount shown. Approve the preliminary plat for Delray Sebastian and certify the final plat based upon positive findings with respect to LDR Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan subject to the following condition: 1. That all comments under Appendix "A" of the report be addressed prior to scheduling the plat for City Commission final action. Attachments: · Appendix "A" · Location Map · Reduced Plat for Delray Sebastian · Reduced Plat for San Sebastian File: S:\Planning&Zoning\Boards\P&Z~DelraySebastian.doc Planning and Zoning Board Staff, ,~port Meeting of April 21, 2003 Delray Sebastian Plat Page 3 Environmental Services Department's Comments: 1. No Comments. Planning and Zoning Department's Comments: 1. 5' of right-of-way was dedicated on the Plat of San Sebastian. Please label the Plat Book and Page (PB 96, PG 117) for the right-of-way dedicated along N.E. 4th Avenue. 2. Lot 5 Was reduced by 0.33 feet in width and if Lots 6-9 expanded east by 0.33 feet, please correct the width of Tract D to represent an increase of 0.33 feet. Lot 10 was increased by 0.34 feet in width and Lot 13 was increased by 0.33 feet in width; if Lots 10-13 expanded northerly by a total of 0.67 feet, please correct the width of Tract F to represent a decrease of 0.67 feet. Lot 14 was increased by 0.33 feet in width and Lot 17 was increased by 0.34 feet in width; if Lots 14-17 expanded northerly by a total of 0.67 feet, please correct the width of Tract G (on the northern end) to represent a decrease of 0.67 feet. 5. Lot 19 was increased by 0.33 feet in width and if Lots 18-19 expanded north by 0.33 feet, please correct the width of Tracts H & J to represent a decrease in 0.33 feet. Lot 24 was increased by 0.34 feet in width and Lot 28 was increased by 0.33 feet in width; if Lots 24-28 expanded north by 0.67 feet, please correct the width of Tract O to represent a decrease of 0.67 feet. Lot 29 was increased by 0.33 feet in width and if Lot 30 did not change in width, please correct the line data for numbers 53 & 54 to show a decrease by 0.33 feet, AND correct the south dimension of Lot 30 to reflect the correct unchanged width (32.10'). Lot 31 was decreased by 1.67 feet in width and Lot 32 was increased by 2.00 feet in width; if Lots 31 & 32 expanded west by 0.33 feet, please correct the dimension of 2.60 feet to say 2.27 feet. TO: THRU: FROM: SUBJECT: DA~[ID~-~ARDEI~ ClT~ M~NAGER UL DORLING, DIR~'~OR OF PILANNJNG AND ZONING SCOTT PAPE, SENIO~/PLANNER MEETING OF MAY 6, 2003 ***CONSENT AGENDA*** CONSIDERATION OF A WAIVER REQUEST TO ALLOW A TEMPORARY MODULAR BUILDING FOR BANK OF AMERICA AT 1001 EAST ATLANTIC AVENUE. The proposed modular building will be the temporary office for the Bank of America operations while the existing building is under renovation. The applicant has indicated that the existing building will be uninhabitable during renovations due to the presence of asbestos. The proposal involves the location of the trailer within the parking area on the north side of the building resulting in a temporary loss of 6 parking spaces for a period of up nine months. As permits for temporary modular buildings are not included within the list of allowable temporary uses provided in LDR Section 2.4.6(H)(1), approval of a waiver from the City Commission is required. The subject property is zoned Central Business District (CBD). The site contains a 27,458 square foot building with drive-thru lanes. The site is occupied by Bank of America and Nina Raynor. The proposal 'is to locate a 2,100 square foot modular building adjacent to the north side of the building. Additionally, the 658 square foot vault within the existing building will continue to be utilized. It is noted that Nina Raynor will be closed during the renovations. In this portion of the CBD, parking is calculated for office/bank use at a rate of 4 spaces per 1,000 square feet of floor area. Given the proposed trailer size and the vault area, the site will require 12 parking and 38 spaces will be provided. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting 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; and (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. City Commission Documentation Meeting of May 6, 2003 Bank of America Temporary Modular at 1001 East Atlantic Avenue Page 2 The proposed modular building will be located in a commemial parking lot in a commercial area. The proposal is temporary (9 months) and will enable Bank of America to continue its operations in the area while conducting major renovations that will be a long-term asset to the downtown. Approval under these circumstances appears reasonable. A recommended condition of approval would be that the modular unit be removed within nine months of the date of issuance of a Certificate of Occupancy for the trailer, or at the time a Certificate of Occupancy is issued for the renovated building, which ever occurs first. By motion, approve a Temporary Use Permit for the placement of a modular building at 1001 East Atlantic Avenue to allow a temporary bank facility, based upon positive findings with respect to LDR Section 2.4.7(B)(5), subject to the following conditions: 1. That the modular unit will be removed within nine months of the date of issuance of a Certificate of Occupancy for the modular, or at the time a Certificate of Occupancy is issued for the renovated building, which ever occurs first. 2. That a site plan modification is processed and approval is obtained from the Site Plan Review and Appearance Board. Attachment: [3 Site Plan FJ Ii il TO: THRU: FROM: SUBJECT: D A~z.~I~.~TY MANAGER MEETING OF MAY 6, 2003 **CONSENT AGENDA** ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION ASSOCIATED WITH BELUGA WINE BAR & RESTAURANT The action requested of the City Commission is acceptance of a right-of-way deed associated with Beluga Wine Bar & Restaurant, located at the northwest corner of SE 2nd Avenue and SE 1st Street, within the Central Business District (CBD). At its meeting of March 12, 2003, the Site Plan Review and Appearance Board (SPRAB) approved a site plan modification, landscape plan, and architectural elevations for Beluga Wine Bar & Restaurant, subjec~ to conditions, which included the dedication of two feet of right-of-way for the adjacent alley to the west. The approval was for the construction of a two-story 3,378 square foot addition on the north side of the existing building with associated parking and landscaping. The addition will be occupied by the Beluga Wine Bar & Restaurant on the first floor and a two bedroom apartment on the second floor. Pursuant to LDR Section 5.3.1 (D) (2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1 (D) (3), additional right-of-way width may be required to promote public safety and welfare; to provide for stormwater management; to provide adequate area for street trees; and to ensure adequate access, circulation, and parking in high intensity use areas. Such a determination shall be advanced by a recommendation from the City Engineer. The authority for requiring such additional right-of-way shall rest with the body having the approval authority of the associated development application. While the existing dominant width of the alley is not yet 20', development approvals on nearby properties within the same block (Worthing Place) will result in the enlargement of the majority of the alley to a width of 20'. Further, the City Engineer has made a determination that the width of the alley should be expanded to a width of 20'. It is noted that the current alley width is 16' and that an additional two feet of alley width would be dedicated from the property on the west side of the alley to achieve an overall total of 20'. By motion, accept the two foot right-of-way deed for the alley associated with the Beluga Wine Bar & Restaurant development. Attachments: Location Map Reduced Site Plan Right-of-Way Deed Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida RIGHT-OF-WAY DEED ~THIS INDENTURE made this ~ day of I~0/~ , 200, between ~v/,~ [~-~ ,-'[?v,~ 0~u~; with a mailing a~ddres~ of ~~a~ ~ ~,~, v~-~tl~ , as party of the first part and CITY OF DELRAY BEACH, qFLORID~, 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 encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, fight, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. WITNESSES: (Nam~printed or~_tvp_ ed~ (Name printed or typed) STATE OF PARTy OF ~PART (Address) The foregoing instrument was acknowledged before me this 2 ] day of ~. ~'L- , 200.~3, by -T~.~no_ ~_t_o.i , as d')~c~ c ~ r._ (name of officer or agent, title of~fficer or agent), ,of 1~¢ llx~Cc ~'5TOC~.~'~-~.~rr' 62Od (name of corporation acknowledging), a F}Oe-iClo-- (state or place of incorporation) corporation, on behalf of the corporation. He/She is p~Lsonally known to me or has produced /~ w--,'.---- (type of identificatio9Ja) as identification. ~Signature o f Person ~a~/~ck~flvledgment Name Typed, Printed or Stam~et~/ 2 333'3 NORTH FEDERAL HIGHWAY PHONE : (561) 395-3333 JUMN A. ~I~AN I, JR., INC. CONSULTING ENGINEERS & LAND SURVEYORS LICENSED BUS;NESS ~1 LB 50 BOCA RATON, FLORIDA FAX : (561) 395-33':~ SKETCH OF DESCR I PT ION ADDITIONAL TWO FEET (2') RIGHT OF WAY PARCEL DEDICATED TO THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA parcel of land lying in Section 16, Tmmship 45 South, Range 43 East. said parcel also being po~on of Lot 18, Bloc~ ~7, Tow~ of Linton (~ow know~ as The City of Delmy Beach) e.s recorded in Plat Book 1, page 3 of the public records of Palm Beach County, Florida, being more parliculady described as follows; The Westen~ t~o feet (2.00') of Lot 18, ~ 77, Town of Unt~ (now known as The City of Delray Beacfl) according to ~ plat ~hereof as record~l in Plat Book 1, page 3 of the public records of Palm Beach County, Fkxida, Containing 149.4 square feet (0.00~4 acres) and ~ubject to Easements, Reservations, Re~ions, & Rights Of Way of Rec~d. LOT ~2 N.W. CO".E., LOT 17 BLOCK 77 t S.E. Ist ST. _ 25' 25' THIS IS NOT A SURVEY! Drawn By RL Date 4 / 18/03 Checked By RL F.B. 1660 pg. 68 Scale Not to Stole Job No. I00-8855 Sh,,t ~ of~ /R~ ~v~ PflOFES~IONAL LAI~ SURVEYOR NO. 4304 STATE OF FLORIDA Z o3r~lz 25.00' t7.53 m°. PROPOSED ADC RIGHT-OF-WAY DE .om TOTHE CITY OF DEl..RAY 0.6' FENCE X m.o L7' 'P 74..69' F 0.1' BLDG. 0.6' 17.64 X AVENUE £1TY JIF DELAIW BEfl[H CiTY ATTORNEY'S OFFICE DATE: 1993 TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM April 24, 2003 City Commission ~ Brian Shutt, Assistant City Attorney SUBJECT: Acceptance of Easement Deed The following easement deed is required for the project, located at comer of Fisher Lane and N.E. 4th Street, to allow for the encroachment of a public sidewalk onto the property adjacent to Fisher Lane and N.E. 4th Street. By copy of this memo to David Harden, our office requests that this item be placed on the May 6, 2003 City Commission agenda for acceptance. Please call if you have any questions. Attachment David'Harden, City Manager Barbara Garito, City Clerk Randal Krejcarek, City Engineer 200 N.W. let Aveme Delmy Beach, ~ EASEMENT DEED ~ BROOIO~IELD COMPANY OF BOCA RATON, a iilodda COrporation "Brookfield", with a ~nniling addross of P.O. Box 812169, Boca Raton, Florida 33481, party of the first part, and tho CITY OF DELRAY BEACH, with a m~i~ng addr~8 of 100 N.W. 1st Avenue, Dolray Beach, Florida 33~.~.~., a municipal corporation in P~lm Beach County, State of Florida, party of the second part: WI'I'ixrESSETH: That the party of the first part. for and in cons/deration of the mutual promises herein contained and other good and vab_,able considerations, does hereby grant.' bargain, sell and release unto the party of the second part, its successors and assigns, a fight of way and perpetual non-exclus/ve easemem for the purpose of the construction and mslntensnce of.a public sidewsllr with full and l~ee right, liberty, and authority to enter upon and to/nstall and- maintain au~h aidew-llr acro,~, through and upon or within the following described property located in palm Beach County. Florida. to-wit: See Exlffbit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assisns, of ingress and egress over and on that portion of land descn'bed above, to effect the purposes of the easement, as expressed herdnaftcr. That this easement .h.l! be subject only to those easements, restrictions, and reservations · of record. That the party of the first part agrees to provide for the release or subordln.6on of any' and all mo~gages or liem encumberi~ thi~ e~e~e~. The party of the first part also a~rees to erect no building or effect any other kind of conslruct/on or im?ro~.ements upon the above- It is undm~rood that upon completion of sidewalk construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expmse to the property owner. Patty of the first part does hereby fully warrant the title to said land and will defend the same against the lawfifl c~irns of all persons whomsoeve~ claimed by, through or under it, that it has good right and hwful authority to grant the above-described easement and that the same is unc'ncumbered except as provided above. Wh~'e the context of this Easemcat Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHRREOF, the parties to this Easement Deed set their hands and seals the day and year first above wriRcn. Wl'rNEsS #1: (name printed or typed) THE FIRST PART (name printed or typed) STATE OF /-'~o~', d~- COUNTYOF ~.~/~"~ ~'~'"~ The foregoing instrument was acknowledg~ before me this ~-/ day of ff}~¢C/~ ,200_?by ..Y¢~.~?cc< Lt~--~ (name of officer or agen0, of ~-~. ~otc~,~tt co,n¢-~ z.. t,~.~(name of corporation), a ¥,/~- (State or place of incorporation) corporation, ~n behalf of the corporation. He/~ersons!ly knoVa~-te m"~_ or has produced (type of identification) as idenlification and did/did not take an oath. ~./f'~-'~-~ Sigaatare of Notary Public - (SEAL) State of t~4/m~mmt tim fro' co~t & nmint. 2 SKETCH & DESCRIPTION LAND DESCRIPTION: The west 8.50 feet of the south 2.50 feet of Lot 45, Together with the west 8.50 feet of Lots 44 end 45, Las Puknos Subdivision, according to the PI~t thereof, eo recorded in Plot Book 10, Page 68 of the Pubic Records of P~lm Beech County, Florida. S~DEWALK EASEMENT A portion of Lot 45, Leo Pdzneo Sub~rMsion, according to the Plot thereof eo recorded in Plot Book 10, Puge 68 of the Public Records of Pd~n Beech County, Florid~ described as fol~ws: Commence at the southwest corner of said Lot 45; thence S89"25'00"E: dong the south line of s~id Lot, 502.2 feet to the Point of Beginning; thence N76'O6'26"E, 17.60 feet; thence S89°lg'59"E, 12.79 feet; Ihence S61°00'55"E, 92.5 feet to the south line of said Lot 45; thence N89°23'OO"W oiong s~id lot line 37.97 feet to the Point of Beginning. NOTES: 1. Reproductions of this Sketch ore not v~lid without the sign~ure ~ the original r~ised seal of a Florid~ licensed surveyor ~nd mAoper. 2. No Title Opinion or Abstract to the subject property has beec provided. It is possible thet there ore Deeds, Easements, or of her instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records heo been made by the Surveyor. 5. The lend description shown hereon wes prepped by the Surveyor. 4. Data shown hereon was compiled from instrument(s) of record ~nd does not constitute a boundary survey. 5. Abbreviation Legend: OJ~.B.-- Official Records Book; P.B.~ Plot Book; P.B.C.R.-- P~lm Beach Comfy Records; P.L.S.,, Professional Lend Surveyor; P.O.B.m Point of Beginning; P.O.C.~ Point of Commencement. CERTIFICATION: T HEREBY CERTIFY fhet the attached Sketch end Description of the hereon described property is true ~:1 correct to the best of my knowledge ~nd belief eo :prepared under my direction. I FURTHER CERT~"Y that this Sketch md Description meets the Minimum Technical Sf~derds set forth in Cho~ter 61G17-6, Florid~ Admnstrotwe Code, pursuit to Section 472.027, Fiorido S ute MICHAEL D. AV~ROM, P.L.S. Floride Registration No. 5268 AV[ROM & .ASSOCIATES, ~C. L.B. No. :5500 SKETCH a: DESCRIPTION SIDEWALK ~ LOT 4~ O0'E 8.50',,_~ !~-- SOUTH 2.50' OF LOT 43 (~L1) N76°06' 26"E 17.60 8.50, LOT 44 -- ~ S89'19'39~ 12.79' ,0 .0 ...... LOT 45 P.O. %"~'°O"w "~'~;' ~'~---'----~ ~' ~" mw ~ SOUTH LOT LINE LOT 45) N.E 477-1 STREET I:IT¥ OF DELRI:I¥ BEI:irH CITY ATTORNEY'S OFFICE 20° mw., ^VENUE. DELR^y ~EACH, FLO.,D^ 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: April 30, 2003 Wdter's Direct Line: 561/243-7091 MEMORANDUM TO: FROM: City Commission Brian Shutt, Assistant City Attorney SUBJECT: Easement and Quit-Claim Deed 1015 Nassau Street The owner of 1015 Nassau Street has requested that the City release the 5' right- of-way strip that exists on the rear of the property as it effects the set back dimensions of the property. The right-of-way is not adjacent to any road or other City right-of-way. The right-of-way strip was dedicated to the City in 1938. Adjacent properties have granted a 5' utility easement to the City. I have prepared a quit claim deed to be executed by the City to release any interest that it has regarding the 5' strip except for an easement deed for utilities. The action requested of the Commission is to approve the release of the 5' right- of-way by quit claim from the City and acceptance of the easement deed from the property owner. By copy of this memo to David Harden, our office is requesting that this item be placed on May 6, 2003 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Randal Krejcarek, City Engineer Nguyen Tran, Senior Planner Preparedby:RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 ~_~. T-CLAIM DEED THIS QUIT-CLAIM DEED, executed this day of ,2003 by CITY OF DELRAY BEACH, and having its principal place of business at 100 N.W. 1st Avenue, Delray Beach, Florida 33n.~.~., First Party, to: Trust under the will of Stanley Brox, with an address of Wcstcott, Millham &Dyer, LLP, Thc Bowman Street School, 28 Bowman Street, Laconia, New Hampshire, 03247-1700, Second Party: (Whenever used herein the term "First Party" and "Second Party" include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporation, whenever the context so admits or requires.) WITNESSEI'It, That the said First Party, for and in consideration of the sum of Ten ($10.00) Dollars in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim, except for that certain easement deed attached hereto as Exhibit "A", unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: The north five feet of Lot 5 of Wheatley's Subdivision, as recorded in Plat Book 16, Page 98 of the Public Records of Palm Beach County, Florida. TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behoof of the said Second Party forever. IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above written. WITNESS #1: PARTY OF THE FIRST PART CITY OF DELRAY BEACH, FLORIDA By: (name printed or typed) WITNESS #2: (name l:~inted or typed) Mayor ATTEST: By: City Clerk Approved as to Form: By: City Attomey STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing insmm~ent was acknowledged before me this __. day of ,2003, by Jeff Perlnmn as Mayor of the City of Delray Beach, a Florida municipal corporation, on behalf of the corporation. He is personally known to me or has produced as identification. Signature of Person Talcing Acknowledgn~nt Name Typed, Printed or Staraped 2 EXHIBIT "A" Prepared by: RETURN: R. Brian Shutt, Esq. City Anomey's Office 200 N.W. 1= Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this c~ day of April, 2003, by and between PETER V. MILLHAM, AS HE IS TRUSTEE UNDER THE WILL OF STANLEY BROX, with a mailing address of PO Box 1700, Laconia, New Hampshire 03247-1700, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first party, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a fight of way and perpetual easement for the purpose of the construction and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. 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 easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors and assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: PARTY OF THE FIRST PART ~,inda S. Griffin (name printed or typed) WITNESS 02: Camile H. Bailev t (name printed or typed) STATE OF NEW HAMPSHIRE COUNTY OF BELKNAP On this the ? day of April, 2003, before me, the undersigned officer, personally appeared PETER V. MILL}lAM, AS HE IS TRUSTEE UNDER THE WILL OF STANLEY BROX, known to me (or satisfactorily proven) to be the person whose name appears subscribed to the within instrument, and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my han/q and official seal. Notary Public My Commission Expires: AMCE M. CORMIER NOTARY PUBLIC - NEW HAMPSHIRE My Commission Expires July 5, 2006 EXHIBIT "A' Thc North five feet of Lot $ of Wheatley's Subdivision as recorded in Plat Book 1(~, Page 98 of the Public l~ecords of Palm Beach CounW, Florida. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER %~ AGENDA ITEM # - REGULAR i~.~TING OF MAY 6. 2003 POLICE AND FIRE COMMUNICATIONS AGREEMENT/TOWN Ola GULF ST.~REAM DATE: MAY 2, 2003 This is before Commission for approval of an agreement between the City and Town of Gulf Stream to provide Police and Fire Communications. This agreement has a termination date of September 30, 2007, with five (5) one-year renewal periods subject to cancellation by either party. It provides for a payment fee of $42,970 for the fiscal year commencing October 1, 2003 and the annual fee shall be adjusted based upon the All Urban Consumers-United States April Consumer Price Index (CPI). The Town of Gulf Stream unanimously accepted the proposed agreement. Recommend approval of the Police and Fire Communications Agreement with Town of Gulf Stream. S:\City Clerk\chevelle folder\agenda memos\Town of Gulf Stream.5.6.03 COMMISSIONERS WILLIAM £ KOCH, JR, Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA C,T', i'3ANAGER Telephone (561) 276-5116 Fax (561) 737-0186 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR April 11, 2003 David Harden, Town Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mr. Harden: Please find enclosed two executed original Police and Fire Communications Agreements. The agreement was unanimously accepted, as submitted by you, at the Commission meeting today. Please return one fully executed copy to the undersigned. As always, thank you for your assistance and cooperation in bringing this matter to conclusion. Very truly yours, Rita L. Taylor Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 POLICE AND FIRE COMMUNICATIONS AGREEMENT THIS AGREEMENT, entered into this day of ,2003, by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "City" and the TOWN OF GULF STREAM, FLORIDA, a municipal corporation, hereihafter referred to as "Town". WITNESSETH: WHEREAS, the Town desires to enter into an agreement with the City in order to obtain Police and Fire Dispatching and Communications Services from the City. NOW, THEREFORE, the City and the Town in consideration of the mutual promises and benefits hereby agree as follows: Section 1. Effective Date. This agreement is to become effective upon the date written above. Section 2. Termination Date. This agreement shall terminate on September 30, 2007. Section 3. Payment of Service Fee. A. The City is currently providing police and fire communication services to the Town and the Town is paying a fee to the City for these services. For the fiscal year commencing October 1, 2002, and ending September 30, 2003, the payment shall be adjusted from the previous year in an amount based upon the "All Urban Consumers- United States" April Consumer Price. Index. B. For the fiscal year, commencing October 1, 2003, the Town and the City agree that the service fee shall be adjusted from the prior year's service fee to an agreed upon fee of $42,970.00. This adjustment is necessary to more equitably divide the increase in personnel salaries and escalated operating costs of the trunked 800 MHz radio system installed since the last agreement in 1998. The adjustment for fiscal year 2004/2005, and each year of the Agreement thereafter, shall again be adjusted from the previous year in an amount based upon the "All Urban Consumers-Unite'd States April Consumer Price Index (CPI)." The projected annual service fee adjustment will be reported to the town manager of the Town on or before July 15th, of each year. The service fee shall be paid to the City by December 31 of each year for that fiscal year beginning October 1. Section 4. City's Responsibilities: The City shall provide dispatching and communication services to include: a. Radio dispatching of police, fire and emergency medical services (EMS) emergency calls. b. Radio dispatching of non-emergency calls. c. City Communications Dispatch will dispatch a Town police officer to all police, fire and medical calls. If a Town police officer is unavailable due to another priority call, he/she will be made aware of the pending police, fire or medical call and its location. d. Electronically recording and maintaining radio transmissions for thirty (30) days. e. Access to information from Palm Beach Sheriff's Department's P.A.L.M.S. Computer System and the State F.C.I.C. and Federal N.C.I.C. Computer Systems via radio or telephone voice transmission. f. Recording and maintaining for two years a daily Computer Aided Dispatch (CAD) Log to include a numerical call identifier and also containing the following information: 1. Type of call or incident 2. Date and time of call or incident 3. Location of incident 4. Complainant or caller's name 5. Name or other identifier of the assigned or responding officer Section 5. Performance Standards, A. Definitions: The following definitions shall apply for purposes of this agreement: Emergency Calls - also designated as priority one calls, includes 911 calls and all other calls where life or property in the Town are believed to be in imminent danger, including all fire and burglar alarm calls. Non-Emergency Calls - also designated as priority two calls, includes all other calls for services in the Town where life or property are not believed to be in eminent danger. These include reports of suspicious activities or persons, requests to speak with an officer, relay of information to an officer where the information is not related to an existing emergency situation, and similar types of calls. B. Dispatch Times: Emergency calls should be dispatched within 60 seconds or emergency calls should be dispatched within five (5) minutes. less. Non- These times shall be measured from the time a call is received by the dispatcher to the time the dispatcher notifies Town police personnel. The dispatch times stated above shall be the expected performance standards under this Agreement. However, both parties recognize that exceptions to these times may occur periodically. Adcordingly, it is not the intention of this Agreement that a failure to dispatch a call within the stated time period be regarded as a breach of this Agreement. Rather, it is the intention of this Agreement that all exceptions to the stated times be reviewed and all necessary and appropriate follow-up actions be taken to prevent future exceptions, where they can be avoided. The above notwithstanding, nothing in this section shall release either party from the provisions of Section 12 of this Agreement where dispatch times are concerned. C. Monthly Reports: At least once each month, the City shall generate and make available to the Town a Dispatch Activity Report listing all Town calls from the date of the previous report. The report shall include the times that all calls were received, the times they were dispatched, the times the police officer and/or Fire Department arrived on the scene, and the time the call was cleared. Section 6. Service Complaints. In the event a service complaint is received, the complaint shall be handled pursuant to one of the following resolution processes: A. Informal Resolution Process: Informal Service questions, problems or complaints by either party may be initiated via a face-to-face meeting, telephone conversation, facsimile transmission or in writing. The · recipient of the question or complaint shall then respond in a like fashion or in a 4 manner otherwise agreed to at the time the question or complaint is initiated. A reasonable response time also shall be agreed to at the time of initiation. Questions and complaints directed to the Town shall be directed only to the Chief of Police or his/her designee. Questions and complaints directed to the City shall be directed only to the Police Department's Communications Manager or Director of Support Services. Further, it shall be the responsibility of the recipient to personally respond to the initiator unless another respondent is agreed to at the time of initiation. B. Formal Resolution Process: Formal service questions, problems or complaints by either party shall be made in writing. Within thirty (30) working days of receipt of a compliant, the complaint shall be fully reviewed and a response rendered noting the corrective actions taken, if any. To expedite resolution of a complaint, both the initial written complaint and the response may be sent via facsimile transmission. Complaints and responses shall only be addressed to and from the following individuals: City of Delray Beach Police Director of Support Services 300 West Atlantic Avenue Delray Beach, Florida 33444 Town of Gulf Stream: Chief of Police 100 Sea Road Gulf Stream, Florida 33444 Section 7. Meetin.qs. At least once each year, the City Police Director of Support Services, the Communications Manager, and the Town Chief of Police or their designee shall meet to review and discuss the terms of this Agreement and to recommend to their respective City/Town Manager any revisions, additions or deletions. Upon mutual agreement, the City/Town Managers may change the provisions of Sections 5, 6 and 7 (Performance Standards, Service Complaints, Meetings). No other provisions of this Agreement may be amended without the approval of the governing bodies of both parties. Nothing in this sectibn or Agreement shall prohibit or discourage additional meetings as may be necessary or desired by either party from time to time. In addition, nothing herein shall prohibit or discourage meetings between staff members of both parties other than those specifically referenced in this Agreement. However, no staff member of either party may interpret, revise, amend or delete any provision of this Agreement except as provided herein. Section 8. Investi.qations~ Discussion and Ne,qotiation for Future Communications Operations. Both parties recognize and agree that internal and external influences may cause the City to investigate and pursue alternative communications operations including, but not limited to, sharing, merging or transferring operations with another community or entity. The City agrees to inform the town of all ongoing investigations, discussions and negotiations concerning alternative communications operations and invites the Town to fully participate in same. Furthermore, the Town understands the 800 MHz radio system is tied into the Palm Beach County radio system by means of a central "Smart Zone" switch. The Town agrees to restrictions on the utilization of County Talk Groups limiting use to mutual aid situations with Palm Beach County. The Town also agrees to the terms and conditions set forth in the interlocal agreement, and any amendments thereto, between Boynton Beach, Boca Raton and Delray Beach, known as the "South Palm Beach County Public Safety Communications Cooperative" and Palm Beach County. Specifically the Town agrees and understands that Section 9 and Section 15.06 of that interlocal agreement, as amended, are hereby incorporated in their entirety into this Agreement. Further, the City hereby agrees that it will not pursue alternative communications operations that would not include the Town without the written consent from the To~/n Manager. Section 9. Renewal. This Agreement shall automatically renew for five (5) one (1) year renewal periods, unless either party notifies the other, in writing, of their intent not to renew. Such written notice must be provided at least ninety (90) days prior to the start of the renewal term. Section 10. Town's Responsibilities. The Town shall be responsible for maintenance of all radios or equipment purchased by the Town, providing maintenance and repairs as needed through a Motorola subcontractor. Section 11. Additional Services. By way of this Agreement the City shall provide only communication services and dispatching services except that the City may unilaterally add any communications, dispatch, mobile data, information or record keeping services that enhances the City's ability to provide that service to its own service area. The Town shall conform to those procedures and policies necessary to assure that the communications and records keeping for the Town's service area is in harmony with the communications and records keeping of the City. In the event that the City is capable of providing enhancements or additions to law enforcement and communications services which are not unilateral and the Town wishes to avail itself of such additions and enhancements the Town may, upon mutual agreement with the City, amend Section 4 of this Agreement which may necessitate a negotiated amendment by the City to Section 3 of this Agreement. .Section 12. Hold Harmless. The City, its officials, agents, or employees in providing dispatch and communication services, shall not be deemed to assume any liability for acts, omissions', or negligence of the Town, its employees, agents or officials. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, the Town shall hold the City harmless and shall defend them against any claims for damages resulting from acts, omissions or negligence of the Town, its officials, agents, or employees, subject to the provisions of Florida Statutes Section 768.28. All liability for injury to personnel and for loss of or damage of equipment incurred in connection with this agreement, or in the performance of services or functions pursuant thereto, shall be borne by the City or the Town employing such personnel or owning such equipment, and the Town shall carry sufficient insurance to cover all such liabilities. Section 13. Termination of ARreement by the Town. The Town may terminate this Agreement at any time following sixty (60) days written notice to the City. After the effective date of said notice, both parties will be relieved of any further obligations under this Agreement except nothing herein shall be construed to impair the obligation of any contract then in effect in which the Town and the City are a party or to relieve the Town or the City of any liability for its negligence or the negligence of their respective employees occurring while this Agreement is in effect. If the Town should terminate the agreement as herein provided and prior to September 30, 2007, the applicable payment referred to in Section 3 shall be refunded on a pro rata basis. Section 14. Termination of A.qreement by the City. The City may terminate this Agreement at any time following sixty (60) days written notice to the Town. After the effective date of said notice, both parties will be relieved of any further obligations under this Agreement except nothing herein shall be construed to impair the obligation of any contract then in effedt in which the Town and the City is a party or to relieve the Town or the City of any liability for its negligence or the negligence of their respective employees occurring while this Agreement is in effect. If the City should terminate this Agreement as herein provided and prior to September 30, 2007, the applicable payment referred to in Section 3 shall be refunded on a pro rata basis. Section 15. Agreement Not Assignable. The Town shall not assign this Agreement. .Section 16. Venue. All disputes arising from this Agreement shall be settled in a court of competent jurisdiction with venue to be in Palm Beach County, Florida. .Section 17. Notices. All notices provided for in this Agreement shall be in writing and either hand delivered or sent by certified or registered mail to the party to be notified at the following respective addresses which may be changed by written notice only: City: Town: Office of the City Manager City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 Office of the Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33444 Notice given by or to the attorney of either party shall be as effective as if given by or to said party. Section 18. City Retains Exclusive Control. The City shall retain exclusive control over all equipment and personnel used in providing the services in accordance with this Agreement, except'for any radios or accessories purchased by the Town. Section 19. City's RiRht to Limit Access. The City shall have the right to limit, direct or deny access, to individual representatives of the Town, to information and communications capabilities provided in Section 4, when such access has been used, in violation of Florida Statutes, in violation of the city, county, state or national directives and procedures governing the acquiring use of sensitive information and equipment, or when such access may jeopardize the City's law enforcement effort or the representative is found to be a security risk. IN WITNESS WHEREOF, the parties have caused these presents to be signed by the duly authorized officers on this 2003. ATTEST: City Clerk Approved as to Form: day of CITY OF DELAY BEACH, FLORIDA By: Jeff Perlman, Mayor City Attorney ATTEST: ,.~ T,'~V~N OF/~L~yFL~I DA ~/'uk'~yor ~i~li~F. Ko~h,~. I0 TO: THRU: FROM: SUBJECT: ~R~TY. MANAGER MEETING OF MAY 6, 2003 - CONSENT AGENDA APPROVE A MODIFICATION TO THE IN-LIEU OF PARKING FEE AGREEMENT FOR MALLORY II LLC (THE MERIDIAN) The Meridian is a proposed mixed use development located on the 300 Block of SE 6th Avenue (Northbound Federal Highway) consisting of 22 townhomes and approximately 22,228 square feet of office space. Pursuant to Land Development Regulations (LDR) Section 4.6.9(C)8 the development requires the prevision of 111 on site parking spaces. The proposed site plan provides 105 on site parking spaces. Therefore, the applicant has requested and received City Commission approval on September 3, 2002 to purchase six (6) in- lieu parking spaces at a cost of twelve thousand dollars ($12,000) each, totaling seventy two thousand dollars ($72,000). It was noted with the approval that the applicant was under contract for an adjacent parcel to the southeast of the subject property to provide additional parking. The required Future Land Use Amendment and rezoning for the parcel have been approved. The original approved agreement allowed the applicant to seek a reimbursement of the in-lieu fees paid if construction of additional parking on the newly acquired parcel was approved. To date, the in-lieu fees have not yet been paid and a site plan modification has been submitted requiring the purchase of only four (4) in-lieu parking spaces at a cost of twelve thousand dollars ($12,000) each. The total of forty eight thousand ($48,000) is to be paid in full at the time of the submission of a building permit application. This reduction from six (6) in-lieu parking spaces to four (4) requires an amendment to Sections 3, 4 and 7 of the approved In-Lieu Of Parking Fee Agreement ratified on September 13, 2003 and is now before the board for consideration. By motion, approve the amendment to Sections 3, 4 and 7 of the In-Lieu Of Parking Fee Agreement between the City and Mallory II LLC. Attachment: [] Amendment AMENDMENT NO. 1 TO THE MALLORY II, LLC IN-LIEU PARKING AGREEMENT THIS AMENDMENT NO. t to the Mallory II, LLC In-Lieu Parking Agreement is made this day of ,2003, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City") and MALLORY II, LLC, owner of the property ("Owner"). WITNESSETH: WHEREAS, the Owner desires to amend the In-Lieu Parking Agreement as Owner now only requires four (4) in-lieu parkirig spaces and not six (6) due to the fact that the Owner has acquired an additional pamel of land adjacent to the subject property. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. In-Lieu Parking Spaces. Paragraphs 3, 4 and 7 are hereby amended to read as follows: 3. The City hereby confirms that pursuant to Section 4.6.9(E)(3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in-lieu of providing four (4) of the required number of parking spaces associated with the development of the Property. 4. Owner shall pay to the City a total in-lieu of parking fee of Forty- Eight Thousand Dollars ($48,000.00) (which represents four (4) parking spaces at $12,000.00 per parking space)to be paid in full at the time of submission of a building permit application. 7. A refund shall be issued in the event of further site plan modifications to this project which eliminate the need for in-lieu of parking spaces. In no event shall the City refund to Owner any amount in excess of the $48,000.00 provided to the City by the Owner for in-lieu of parking spaces. 2. Applicability. All other terms of the original Agreement remain in full force and effect, except as expressly modified herein. 3. Effective Date. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this ATTEST: __ day of City Clerk Approved as to Form: ,2003. CITY OF DELRAY BEACH, FLORIDA By: Jeff Perlman, Mayor City Attorney WITNESSES:~' ' ~~ (CORPORATE SEAL) 2 STATE OF FLORIDA COUNTY OF PALM BEACH -- The foregoing instrument was acknowledged before me this '~3~, day of ~{) rs\ , 2003 by Cc~.~, (~1! ~_~c-~-~,- (name of officer or agent, title of ~)fficer or agent) of .?l~ll~/,~ .Ti. L.(-(.- (name of corporation acknowledging), a ~'l~: ~_,~ { (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Sign..~, ~r~'oCNo~-c -~ State of 3 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER% AGENDA ITEM # %-3 - REGULAR MEETING OF MAY 6. 2003 SIDEWALK AGREEMENT/TROPICAL AWNING DATE: MAY 2, 2003 The attached agreement is between the City and Tropical Awning for the acceptance of funds in the amount of $1,560.00 in lieu of the construction of a 5' wide sidewalk at 335 S.E. 1't Avenue. Tropical Awning will deposit this amount with the City to be used at the time sidewalks are to be constructed on S.E. 1 Avenue. Recommend approval of the sidewalk in-lieu of installation agreement with Tropical Awning. S:\City Clerk\chevelle folder\agenda memo~\SidewalkAgxeement. TropicalAwning.5.6.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden 30 Apr 2003 Tropical Awning Sidewalk Agreement Commission Agenda The attached agenda request is for Commission authorization/approval for Mayor to execute agreement with Tropical Awning to accept funds in lieu of constructing a five foot wide sidewalk at 335 SE 1st Avenue. Tropical Awning will deposit $1,560.00 with the city, which will be used at a later time when sidewalks are to be constructed on SE l't Avenue. Enclosed is a map indicating the property location. Please add this request to the 06 May 2003 Commission Agenda. Thanks enc cc: Paul Dorling, Planning and Zoning TAC file S:~EngAdmin~TAC~Tropical Awnings~O6may2003 agendamemo, doc S.W. 2ND ST. S.W. 5RD ST. ILl Z I,i S.W. 4TH ST. S.E. S,E, 2ND 5RD 4TH ST. ST. ST. CITY of DELRAY BEACH Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 SIDEWALK IN-LIEU OF INSTALLATION AGREEMENT THIS AGREEMENT ("Agreement") is made as ofthe.~-~day of ~v2/..~' 200~ by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida ("City"), and Ra~'~-/- ,~/t/~a_ .Stm?~-~,g owner of the property ("Owner"). WHEREAS, Owner is the owner of certain real property located 33..~' ~, E, l .. _~'~]l-a ~ ~_ac../~ and referred to herein as the "Property"; and WHEREAS, Owner-~as applied to the City for approval for the development of a [ ~'o Ot~o ] f~ t,~ ,~ /~,a I,~uX iat~$ ontheProperty;and d WHEREAS, as a condition of approval for the development on the Property, Owner must provide sidewalks as required under the Land Development Regulations of the City. Section 6.1.3(D)(3) of the Land Development Regulations provides that the sidewalk installation requirement may be met by the payment of funds to the City sufficient to install the sidewalk; and WHEREAS, Owner has requested that the City Commission approve the payment of a fee to the City in lieu of providing the required sidewalk for the development of the Property and the City Commission has approved this request; and WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms of the in-lieu fee. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Property to which this Agreement applies is legally described as follows: See Attached Exhibit "A". 3. The City hereby confirms that, pursuant to Section 6.1.3(D)(3) of the Land Development Regulations, it has approved the payment of the fees in-lieu of the Owner providing the required sidewalk for the development of the Property. 4. Owner shall pay to the City a total in-lieu fee as provided by Exhibit "B". This amount shall be due from Owner prior to the issuance of a building permit. 5. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 6. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 7. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. 8. This Agreement is not valid unless signed by the City's Mayor and City Clerk. 9. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County. 10. This Agreement shall be recorded in the Public Records for Palm Beach County, Florida. IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set fbrth below. ATTEST: By: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Jeff Perlman, Mayor 2 Approved as to Form: By: City Attorney WITNESSES: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH (CORPORATE SEAL) The foregoing instrument was acknowledged before me this z2)C44qday of Ikon, [ , 200~_ by k),,I-~. ~- b ~ ~ o ~ ~,, ~: ~ i~, .(n~e of officer or agent, title of officer o~ agent) of (name of co~oration ac~owledging), a (state or place of inco¢oration) co~oration, on behalf of ~e co~oration. He/She i~ p~rsonall~ ~om to me or has produced as iden~fication. Signa~re ~Not~ Pu6l{c V State of Florida ~,:'~ '~ MY COM14!SSiON ~ DDT27237 ~XPtRES EXHIBIT A Lots 10 and 11 of Block 80, Town of Delray Plat. GENTRY ENGINEERING AND LAND SURVEYING INC. P.O, BOX 243 I)EI,F, AY BEACH, FLORIDA 33447-0243 I'llONE: (561)272-1924/FAX: (561) 272-7741 March 18, 2003 Engineering Department City of Delray Beach, Fl. 434 S. Swinton Ave~ Delray Beach, FI. 33444 Re: Cost estimate for concrete · sidewalk Lots 10 & 1[, Block 80 Delray Beach, Fl. Gentlemen, I am providing herein the cost estimate to construct a 5' concrete sidewalk adjacent or across the street from Lots 10 and 11, Block 80, as follows; 78' @ $20.00/ft. - $[500.00 if you should have any questions regarding the above, please contact me. Sincerely, Gentry Engineering and Land Surveying, Inc. EXHIBIT B Date: 23 Oct 2001 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda When: 06 May 2003 Workshop Agenda Special Agenda Approved for Agenda:~/No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Tropical Awnings\06may2003 agenda.doc (if applicable) Account Number N.A. Description N.A. Account Balance: N.A. Funding Alternatives: N.A. City Manager Review: Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to execute agreement with Tropical Awning to accept funds in lieu of constructing a sidewalk at 335 SE 1 Avenue. This agreement is subject to review and approval by the City Attorney. Staff Recommendation: Department Head Signature~: (~/~(-~ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. [lTV OF DELRrlV BBi[H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 ° FACSIMILE 561/275-4755 DELRAY BEACH DATE: May 1,2003 MEMORANDUM Wdter's Direct Line: 561/243-7091 TO: City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Fourth Amendment to Encroachment License Agreement Between the City and Lake Worth Drainage District (LWDD) Bob Barcinski, Assistant City Manager, presented a request to the Lake Worth Drainage District Board (LWDD) to not limit the City's encroachment onto the District's E-4 Canal right-of-way because the City has had to go back to the LWDD Board for numerous extensions over time. The Board granted the request, and will permit the encroachment, until such time as the District may reasonably require removal. The District will need a check in the amount of $150.00 to cover its legal expenses and recording. Please place this Agreement on the City Commission agenda for approval. SAR:ci Attachment Cc: Robert A. Barcinski, Assistant City Manager Barbara Garito, City Clerk LAKE WORTH DRAINAGE DISTRICT 13081 MILITARY TRAIL DELRAY BEACH, FLORIDA 33484 C. Stanley Weaver John I. Whitworth III Murray R. Kalish C. David Goodlett James M. Alderman William G. Winters Ronald L Crone Perry & Kern, RA. April 28, 2003 Susan A. Ruby, Esq. City Attorney City of Delray Beach 200 NW 1 st Avenue Delray Beach, FL 33444 Re: Fourth Amendment to Encroachment License Agreement LWDD E-4 Canal LWDD File No. LF-94-854 Dear Susan: This letter will confirm the decision of the Board of Supervisors of Lake Worth Drainage District at its meeting April 16, 2003, wherein it was agreed to allow the City of Delray Beach to maintain an existing employee parking area within the District's E-4 Canal right-of-way until such time that the District may reasonably require removal thereof. Enclosed herewith please find the Fourth Amendment to Encroachment License Agreement for your review and execution by the City of Delray Beach. Please return the executed document to Lake Worth Drainage District together with the City's check in the amount of $150.00 for legal and recording fees incurred by the District. Upon receipt, Lake Worth Drainage District will have the Fourth Amendment to Encroachment License Agreement recorded in the Public Records of Palm Beach County. A copy of the recorded instrument will be provided to you. Sincerely, GENERAL COUNSEL TO LWDD RECEIVED M P:fac APR 2 9 Enclosure C: William G. Winters, Manager LWDD CIT i/ ATrORNEY Ronald L. Crone, Assistant Manager LWDD B~c 4 8-5 · n on Beach & West Palm I~Yr~,~\~'~:, , E~l~,no~5~l~[~y ~tl~dB.(~!~o~n, ..... Beach (561) 737-3835° Fax (561) 495-9694 - -vveosl[e: www. LWUL).net RETURN TO: LAKE WORTH DRAINAGE DISTRICT 13081 Military Trail Delray Beach, FL 33484 PREPARED BY: MARKA. PERRY, ESQ. 50 S.E. Fou~h Avenue DelrayBeach, FL33483 FOURTH AMENDMENT TO ENCROACHMENT LICENSE AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT entered into this the __ day of ,2003, by and between the LAKE WORTH DRAINAGE DISTRICT, a Special Taxing District, of the State of Florida, whose mailing address is 13081 Military Trail, Delray Beach, Florida 33484, hereinafter referred to as "DISTRICT" and CITY OF DELRAY BEACH, whose mailing address is 100 NW First Avenue, Delray Beach, Florida 33444, hereinafter referred to as "DELRAY BEACH"; and WHEREAS, the parties entered into that certain Agreement made the 12th day of October, 1994, by and between LAKE WORTH DRAINAGE DISTRICT and CITY OF DELRAY BEACH, as recorded in Official Records Book 8474, Page 1286 of the Public Records of Palm Beach County, Florida; and WHEREAS, the original Agreement was extended for a one year period from March 13, 1996 to March 13, 1997 by that Amendment to Encroachment License Agreement dated April 23, 1996, as recorded in Official Records Book 9254, Page 786 of the Public Records of Palm Beach County, Florida; and WHEREAS, the original Agreement was extended for an additional three year period from January 15, 1997 to January 15, 2000 by that Second Amendment to Encroachment License Agreement dated February 25, 1997, as recorded in Official Records Book 9697, Page 1355, of the Public Records of Palm Beach County, Florida; and WHEREAS, the original Agreement was extended for an additional five year period from April 11, 2001 to April 11, 2006 by that Third Amendment to Encroachment License LF#94-854 Agreement dated June 6, 2001, as recorded in Official Records Book 12678, Page 1847, of the Public Records of Palm Beach County, Florida; and WHEREAS, DELRAY BEACH is renovating the Municipal Golf Course and the relocation of the parking lot, which encroaches into the DISTRICT'S E-4 Canal right-of- way, would create an unsafe condition. THEREFORE, DELRAY BEACH IS REQUESTING TO MAINTAIN THE EXISTING PARKING LOT, UNTIL SUCH TIME THAT THE DISTRICT MAY REASONABLY REQUIRE REMOVAL.; AND THE DISTRICT IS WILLING TO PERMIT THIS ENCROACHMENT SUBJECT TO THE CONDITIONS CONTAINED HEREIN. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, DISTRICT and DELRAY BEACH agree as follows: 1. That the above recitals are true and correct. 2. DISTRICT agrees that DELRAY BEACH shall be permitted to maintain the existing parking lot at its present location, which encroaches into the DISTRICT'S E-4 Canal right-of-way, until such time that the DISTRICT may reasonably require removal. 3. DELRAY BEACH shall be responsible for the payment of the reasonable attorneys' fees incurred by or arising out of the DISTRICT entering into and enforcing this Fourth Amendment to Agreement. 4. In all other respects, the terms and conditions of the original Agreement shall remain in full force and effect, and binding upon the parties. IN WITNESS WHEREOF, the parties have hereunto executed this Amendment to Agreement the day and year first above written. WITNESSES: Approved as to Form and Legal Sufficiency: LAKE WORTH DRAINAGE DISTRICT By: Murray R. Kalish, President By: Mark A. Perry Counsel to LWDD Attest: William G. Winters, Secretary 13081 Military Trail Delray Beach, FL 33484 Coq~orate Seal LF#94-854 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared MURRAY R. KALISH and WILLIAM G. WINTERS, the President and Secretary respectively, of the LAKE WORTH DRAINAGE DISTRICT, both of whom acknowledged that they executed the foregoing instrument, both of whom are known to me, and who did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the day of ,2003. Notary Public Notary Stamp or Seal Approved as to Form and Legal Sufficiency By: City Attorney Corporate Seal CITY OF DELRAY BEACH By: Jeff Perlman, Mayor Attest: Barbara Garito, City Clerk 100 NWFimtAvenue Delmy Beach, FL 33~ LF#94-854 3 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared JEFF PERLMAN and BARBARA GARITO, the Mayor and City Clerk, respectively of the CITY OF DELRAY BEACH. They are personally known to me and did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the __ day of ,2003. Notary Public Notary Stamp or Seal LF#94-854 rlT¥ OF DELRI:iV BEI11:H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DATE: May 1, 2003 MEMORANDUM Writer's Direct Line: 561/243-7091 TO: City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Interlocal Agreement Regarding the Clearing of Vegetation Dispute Resolution Between the City and Lake Worth Draina.qe District The Lake Worth Drainage District (LWDD) has approved the attached Interlocal Agreement to handle disputes regarding vegetation to be cleared from rights-of- way. The Agreement requires the District and City to meet on site to inspect and inventory vegetation to be cleared and to agree to the vegetation to be removed. The District and City will coordinate with residents regarding the list of vegetation to be moved. If the City and District cannot resolve the matter, then a dispute resolution process can be instituted pursuant to statute. Please place this Agreement on the City Commission agenda for approval. Attachment Cc: Robert A. Barcinski, Assistant City Manager Barbara Garito, City Clerk Lula Butler, Director of Community Improvement Nancy Davila, Horticulturist %L LAKE WORTH DRAINAGE DISTRICT 13081 MILITARY TRAIL DELRAY BEACH, FLORIDA 33484 C. Stanley Weaver John L Whitworth III Murray R. Kalish C. David Goodlett James M. Alderman William G. Winters Ronald L. Crone Perry & Kern, PA. April 28, 2003 Susan A. Ruby, Esq. City Attorney City of Delray Beach 200 NW 1 ,t Avenue Delray Beach, FL 33444 Re: Lake Worth Drainage District/City of Delray Beach Interlocal Agreement Dear Susan: Please be advised that the Board of Supervisors of Lake Worth Drainage District at its meeting April 16, 2003 approved the Interlocal Agreement regarding resolution of conflicts between Lake Worth Drainage District and the City of Delray Beach. Enclosed herewith please find two (2) duplicate original Interlocal Agreements, which have been executed by Lake Worth Drainage District. Once you have had them approved by the City Council, please return one fully executed Interlocal Agreement to Lake Worth Drainage District. Sincerely, GENERAL COUNSEL TO LWDD MAP:fac Enclosures C: William G. Winters, Manager LWDD Ronald L. Crone, Assistant Manager LWDD David T. Harden, City Manager, Delray Beach [~eJfav_Beach &_BRC.~L Be,ton (56~ 4_.98-~5363 * Boynton Beach & West Palm Beach (561) 737-3835 * Fax (561) 495-9694 PREPARED BY: MARK A. PERRY PERRY & KERN, P.A. 50 SE Fourth Avenue Delray Beach, FL 33483 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is entered into this ~' day of ~ , 2003, between LAKE WORTH DRAINAGE DISTRICT, a special taxing district existing under the laws of the State of Florida, whose mailing address is 13081 Military Trail, Delray Beach, Florida 33484, hereinafter referred to as #DISTRICT", and the CITY OF DELRAY BEACH, whose mailing address is 100 NW First Avenue, Delray Beach, Florida 33444, hereinafter referred to as *CITY". WHEREAS, Florida Statutes Chapter 164 provides for an equitable, expeditious, effective and inexpensive method for resolution of conflicts between and among local and regional governmental entities; and WHEREAS, the DISTRICT is empowered and responsible for the continued maintenance of its canal rights-of-way within its jurisdictional boundaries, which at times requires clearing of vegetation along its canal banks; and WHEREAS, the jurisdictional boundaries of the DISTRICT overlay intermittently the municipal jurisdiction of the CITY; and WHEREAS, situations have arisen and may arise in the future, which may require mutual cooperation between the DISTRICT and the CITY to develop a plan for vegetation removal and vegetation preservation during the maintenance of any canal, which meets the needs of the DISTRICT for the maintenance of its canal rights-of-way while also attempting to preserve native plant communities and vegetation buffers located in the canal rights-of- way; and WHEREAS, it is the desire of the DISTRICT and the CITY to enter into an Interlocal Agreement to provide for an informal administrative procedure for dispute resolution prior to implementing the initial negotiation phases of Florida Statutes Chapter 164, §164.1052 and §164.1053; and WHEREAS, if this informal administrative phase of negotiation is unsuccessful, the CITY and the DISTRICT may institute the Dispute Resolution process set forth in Florida Statutes Chapter 164, §164.1052 and §164.1053. Further, Florida Statute §163.01 allows governmental units to make the most efficient use of the powers by enabling them to cooperate with other localities on a basis of mutual advantages. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable considerations, received by each party from the other, it is hereby agreed as follows: 1. The facts above are true and correct and incorporated herein by reference. 2. DISTRICT shall notify in writing the CITY at least ninety (90) days prior to the commencement of clearing vegetation on any of its canal rights-of-way within the municipal boundaries of the CITY. 3. DISTRICT shall notify in writing the property owners residing adjacent to the canal rights-of-way, at least sixty (60) days prior to the commencement of clearing vegetation on any of its canal rights-of-way within the municipal boundaries of the CITY. 4. Within thirty (30) days of receipt of notice by the CITY, pursuant to paragraph 2 of this Agreement, the DISTRICT and the CITY shall meet on site to inspect and inventory the vegetation to be cleared. 5. The DISTRICT and the CITY shall negotiate in good faith to agree upon a list of the vegetation to be removed from the DISTRICT'S canal rights-of-way, understanding and acknowledging that the DISTRICT desires a clear passage for maintenance of its canal rights- of-way (on the maintenance side of its canals) and the CITY desires to preserve native plant communities and vegetation buffers within its municipal boundaries. 6. The DISTRICT and the CITY shall coordinate with the residents regarding any list of the vegetation that shall be removed. The DISTRICT shall use all reasonable steps necessary to prevent the destruction of or damage to vegetation agreed upon to be preserved. 7. In the event the administrative staff of the DISTRICT and the CITY cannot negotiate in good faith a resolution of the vegetation to be removed or other aspects of the maintenance process, as applicable, either party may institute a Dispute Resolution process pursuant to the procedures set forth in Florida Statute Chapter 164. 2 8. All notices required or allowed by this Interlocal Agreement shall be delivered in person or mailed by Certified Mail - Return Receipt Requested, postage prepaid, to the party upon whom such notice is to be given at the following addresses: Copy to: LWDD: Copy to: City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 Att: City Manager City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 Att: City Attorney Lake Worth Drainage District 13081 Military Trail Delray Beach, FL 33484 Att: William G. Winters, Manager Mark A. Perry, General Counsel Lake Worth Drainage District 13081 Military Trail Delray Beach, FL 33484 Approved as to form and Legal Sufficiency CITY OF DELRAY BEACH City Attorney By: Jeff Perlman, Mayor Attest: Barbara Garito, City Clerk 100 NW First Avenue Delray Beach, FL 33444 3 STATE OF FLORIDA : COUNI~' OF PALM BEACH : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared JEFF PERLMAN and BARBARA GARITO, the Mayor and City Clerk respectively, on behalf of the CITY OF DELRAY BEACH, both of whom acknowledged executing the foregoing instrument; and both of whom are known to me, and did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the of ,2003. day Notary Public Notary Stamp or Seal Approved as to form and Legal Sufficiency LAKE WOJ~TH DRAINAGE DISTRICT · ~ 'Murray R.~l~lish ~i~m-~'Wi~rs~cr~ 13o81 Militaw Trail Delray Beach, FL 33484 4 STATE OF FLORIDA : COUNTY OF PALM BEACH : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared MURRAY R. KALISH and WILLIAM G. WINTERS, the President and Secretary respectively, of the LAKE WORTH DRAINAGE DISTRICT, both of whom acknowledged executing the foregoing instrument; and both of whom are known to me, and did not take an oath. WITNES,~my h. an~d and official seal in the County and State last aforesaid this the ~7~-" day of ~ ,2003. ..... "'JO.4M~ M. AY{.OB ' ]{ il~. UYCOMMISS{ON. DD014214 II Notary Stamp or Seal MelTIO To: From: Date: Re: David Harden, City Manager Lula Butler, Director, Community Improvement May 1,2003 Palm Beach County Animal Control Reimbursement Funding Agreement ITEM BEFORE THE COMMISSION: Approval of the Animal Services Contract between Palm Beach County Animal Care and Control Division on behalf of the Palm Beach County Board of Commissioners. The contract provides for a reimbursable amount of $20,000 for animal control services between the period of October 1,2002 and September 30, 2003. BACKGROUND: The City was notified in November 2002 that Palm Beach County would be making available reimbursement funding for sheltering and picking up animals (as applicable to our operations). This funding was made available to governmental and certain charitable organizations performing specified animal control related services. We applied for and received approval of this grant in December for $20,000 retroactive to October 1, 2002, (see attached letter of approval). The agreement was sent as an attachment to the approval letter. It was reviewed, revised and approved by the City Attorney, with the executed copy submitted back to the County. We should have, at this time, formal approval of the agreement by the City Commission, which will authorize the budget appropriation and expenditures for the part time position that will be funded from this grant. RECOMMENDATION: Staff is recommending City Commission approval of the Animal Service Contract providing for reimbursable expenditures in the amount of $20,000 as referenced above. Department of Public Safety Division of Animal Care ~ Control 7100 Belvedere Road West Falm Beach, FL 33411-3306 (561) 233-1200 F~X: (561) 233-1234 www. pbcgov.¢omlpubsafe~ylanimal Palm Beach County Board of County Commissioners Karen T. Marcus, Chair Tony Masilotti. Vice Chairman jeff l~oons Warren H. Newell Mary McCarty Burt Aaronson Addie L. Greene County Administrator Robert Weisman December 17, 2002 City of Delray Beach Animal Control 434 South Swinton Avenue Delray Beach, Florida 33444 Dear Friends, I am pleased to inform you that the Palm Beach County Board of County Commissioners has approved your organization for reimbursement funding in the amount of $ 20,000.00. This funding may be used for reimbursements for the approved services of Field Response, Medical Examinations, Spay/Neuter plus Microchip, Rabies Vaccination and County License and Tag, and for Sheltering with a five-day limit. Your organi?ation may begin to submit invoices for services which have been provided beginning October 1, 2002 and ending September 30, 2003. Proper documentation must be provided to ensure verification. I hope that this funding will assist your organization with the valuable services which you provide within our community. Should you have in questions or conm~nts, please call. Sincerely, Dianne Mercer' Sauve, Director cc: Patti Milelli Jacquie Sembric Attachment 3 ANIMAL SERVICES CONTRACT FOR PALM BEACH COUNTY ANIMAL CARE AND CONTROL DIVISION WEST PALM BEACH, FLORIDA This Contract is made as of the 17th ~ day of December ,2002 , by and between. The City of Delray Beach (hereinafter referred to as AGENCY), that is a political subdi/,ision of the State of Florida, by and through its Division of Animal Care and Control on behalf of the Board of County Commissioners, bereinafter referred to as the COUNTY, for the provision of animal services. WHEREAS, the COUNTY provides various animal services; and WHEREAS, the AGENCY is able to provide said services for compensation. NOW, THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and the AGENCY agree as follows: ~,.RTICLE 1 - ANIMAL SERVICES The AGENCY's responsibility under this agreement is to provide animal services, as more specifically set forth in the Application and Scope of Work detailed in Exhibit "A". The Agency shall provide animal servlees during the period October 1, 2002 through S_eptember ~ 2003 -- .ARTICLE 2 -- REIMBURSEMENT RATES FOR SERVICES The COUNTY may reiroburse the AGENCY for services the AGENCY provided hereunder within the geographical boundaries of Palm Beach County at the following rates: A. FIELD OFFICER RESPONSE: l. The rate for providing AGENCY response to calls from the public to pick-up stray or c,o~fined animals within Palm Beach County and take he animal to the AGENCY s Palm Beac ~ County shelter: Rate per Response:~ B. ADOPTION MEDICAL and CLINIC SERVICES: I. The rate for providing spaying or neutering, micro-chipping, rabies inoculation and COUNTY rabies tag of an animal being prepared for adoption to a Palm Beach County resident adopter: Rate per Complete Procedure:_.$110.00 (Note: Spay or neutering performed by the Palm Beach County S_p3.LShuttle are not eligible for reimbursement.) - 2. The rate for the AGENCY'S routine adoption medical exam of an animal to be adopted by a Palm Beach County resident: _$50.00_ C. KENNEL/SHELTERING: 1. The daily per-diem cost to house and feed stray or "owner relinquished" animals from Palm Beach County for up to five (5) days: ~$~/day/anima_l Invoices documenting the AGENCY's reimbursement request may be submitted to Animal Care and Control monthly. The AGENCY shall receive no additional compensation for performance under this Contract except as provided for herein and under no circumstances shall the total value of all combined services exceed $ 20,000 LTwenty tlmusand d~ollars). Final Invoice: In order for both patties herein to close their books and records, the AGENCY will clearly state "final invoice" on the AGENCY'S final/last billing to the COUNTY within thirty (30) days of the end of the agreement period. This certifies that all servieas have been properly performed and all charges and costs have been invoiced to Palm Beach County, Since this account will thereupon be closed, any and other further charges, if not properly included on this final invoice, are waived by the AGENCY. The COUNTY's representative will review invotces received from the AGENCY pursuant to the agreement. If the invoice has been determined to be in conformity with the agreement, it will be approved by the COUNTY's representative and then sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the COUNTY representatives approval. The COUNTY shall nol be obligated to provide the AGENCY with any fringe benefits. The COUNTY shall not be obligated to withhold U.S. income tax, withholding or social security tax, unemployment, or worker's compensation payments, and any similar withholdings. It is expressly understood that the AGENCY is not entitled to participate in the State Retirement Program. .ARTICLE 3 - M/NIMUM REQUIRED DOCUMENTATION The services described below are only applicable for the reimbursement request submitted by the AGENCY in Article 2 above that occur or are generated from within Palm Beach County. The AGENCY shall use reimbursement forms provided by the COUNTY or AGENCY forms approved by the COUNTY By submitting a request for reimbursement, the AGENCY agrees to be governed by the laws of the State of Florida and the COUNTY which pertain to the treatment, care. and sheltering of animals. A. ~"IaELD OFFICER RESPONSE The AGENCY shall respond to all requests for the pick up of st~:ay or confined animals within the geographical boundaries of the AGENCY's normal working areas within Palm Beach County. For each Field Officer Response that will be reimbursed, as a minimum requirement, the AGENCY shall subrmt documents that record: the date and time the request for response was received by the AGENCY; the name. phone number, and address of the person making the request; the location of the pick up of the animal; a description of the animal, including its species, markings, sex, any identifying markings, tattoos. ID tags, collars, and any other AGENCY specific numbering or logging of the animal; and verification that the animal was checked against the COUNTY's "lost/found" database. ADOPTION MEDICAL AND CLINICAL SERVICES Animals being adopted from the AGENCY shall be spayed or neutered before the animal is released to the adopter. A State of Florida licensed veterinarian shall perform the spaying or neutering procedure. For each spay or neuter that will be reimbursed, as a minimum, the AGENCY shall submit documents that record: the name of the veterinarian and his/her State of Florida veterinary license number; the pyocedure performed; the specific AGENCY generated identification name or number given to the aalmal being spayed or neutered; the batch or control number and name of the manufacturer of the rabies vaccine given to the animal; the manufacturers name and specific unit number of the implanted micro-chip in the animal; the name and Palm Beach County address of the adopter; and the Palm Beach County rabies tag number issued for the animal. Animals available for adoption shall receive a medical evaluation. For each initial medical examination that will be reimbursed, as a minimum, the AGENCY shall submit documents that record: the specific AGENCY generated identification name or 2 number given to the animal being evaluated; the name of the person performing the evaluation; a listing of the procedures performed and their findings, if any; and a schedule of medications or treatments as a response to the diagnostic findings. KENNEIJSHELTERING The AGENCY shall kennel or shelter animals generated from within Palm Beach County according to the minimum criteria established by the COUNTY. For each animal that the AGENCY will be reimbursed, the AGENCY, at a minimum, shall submit documents that record: the specific AGENCY generated identification name or number given to the animal being provided shelter; the date the animal entered the shelter; and the date the animal left the shelter or is still at the shelter after a five (5) day holding period. ARTICLE 4 - PERSONNE. I, The AGENCY represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this agreement. The AGENCY shall submit the names of such personnel who are employees of, or have any contractual relationship with, the COUNTY prior to the execution of this agreement. The COUNTY shall determine the extent of any conflict of interest with the personnel prior to the execution of this agreement. The AGENCY shall assure that all of the services performed and required herein shall be performed by the AGENCY or by personnel under its supervision. All personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. The AGENCY warrants that all of the services provided by, or on its behalf, pursuant to the Agreement will be performed with reasonable care, skill and diligence in accordance with generally and currently accepted professional principles and practices for similar services. ARTICLE 5 - AVAILABILITY OF FUND~ The COUNTy's performance and obligation to pay under this agreement is contingent upon an annual appropriation for its purpose by the Board of County Commissioners. ARTICLE 6- INSURANCE A. AGENCY shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverage and limits (including endorsements), as described herein. The requirements contained herein, as well as OUNTY S revrew or acceptance of insurance maintained by AGENCY are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by AGENCY under the contract. The COUNTy may approve different coverages and limits if requested by the AGENCY prior to execution of the contract. B. C~ommercial General Liability The COUNTY requests the AGENCY maintain Commercial Genera/ Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted in writing by County's Risk Management Department. AGENCY shall provide this coverage on a primary basis. The COUNTY may approve different coverages and limits if requested by the AGENCY prior to execution of the contract. C. .Business Automobile Liability The COUNTY requests the AGENCY maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence for all owned, non-owned and hired automobiles. In tbe event AGENCY doesn't own any automobiles, the Business Auto Liability requirement shall be amended allowing AGENCy to agree to maintain only Hired & Non-Owned Auto 3 Liability. This amended requirement may be satisfied by way of endorsement to the Conunercial General Liability, or separate Business Auto coverage form. AGENCY shall provide this coverage on a primary basis. The COUNTY may approve different coverages and limits if requested by the AGENCY prior to execution of the contract. Worker's Compensation Insurance & Employers Liability AGENCY shall maintain orker s Compensataon & Employers L ability in accordance with Florida W ' Statute Chapter 440. AGENCY shall provide this coverage on a primary basis. Additional Insured AGENCY shall endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Palm Beach County Board of County Commln~ioners, a polit cai Subdivision of the State of Florida, its Officers, Employees and Agents" AGENCY shall provide the Additional Insured endorsements coverage on a primary basis. F. Waiver of Subro etlon AGENCY hereby waives any and all rights of Subrogation against the County, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then AGENCY shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy .specifically prohib!ts such an endorsement, or voids coverage should AGENCY enter Into such an agreement on a pre-loss basis. G. .Certificate(s) of Insurance Prior to execution of this Contract, AGENCY shall deliver to the COUNTY a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverage required by this Contract have been obtained and are in full rome and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. H. Umbrella or Excess Liability If necessary, AGENCY may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liabilit and Em 1o er's ' '' . · Y p y Liabdlty coverage under Umbrella or Excess L abihty. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either Conmaercial General Liability, Business Auto Liability, or Employer's Liability. The COUNTY shall be specifically endorsed as an "~Additional Insur~'cl" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow- orm oasis. J. Right to Review COUNTY, by and through its Risk Management Department, in cooperation with the contracting/monitoring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverage, or endorsements, herein from time to time throughout the term of this Contract. COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. .ARTICLE 7 - INDEMiN1FICATION AGENCY shall fully indemnify and save harmless, COUNTY, its officers and employees, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by COUNTY's staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter ~ollectively referred to as "liab lities"), to which any or all of them may be subjected, as a d rect or indirect result of any personal injury or property damage arising from any negligent 4 act or omission or willful misconduct of ./,GENCY, its officers, employees, subAOENCYs, subcontractors or agents in connection with the performance or nonperformance of the ~.grecment, whether or not such liabilities are litigated, settled or reduced to judgment. AGENCY shall, upon COUN'I~'s request, defend at AGENCY's sole cost any action, claim, suit, cause of action or portion thereof which asserts or alleges abilities resultin directl g. · , g y or I~nd!re~tly from any personal injury or property damage ads ng from any negligent act or orrasslon or willful misconduct of AGENCY, its officers, employees, subAGENCYs, subcontractors or agents in connection with the performance or nonperformance of the Agreement, whether such action, claim, suit, cause of action or portion thereof is well founded or not. In the event that a final decision or judgment allocates liability by determining that any portion of damages awarded is attributable to the COUNTY's negligence or willful misconduct, the COUNTY shall pay the portion of damages that is allocated to the COUNTYs negligence or willful misconduct. The existence or acceptance by COUNTY of any of the insurance policies or coverage described in the Agreement shall not affect any rights COUNTY may have under this Article. The provisions of this Article shall survive any termination of the Agreement. Nothing herein shall be considered to be a waiver of sovereign immunity, nor an agreement to alter the limits of liability that are set forth in s. 768.28, Florida Statutes. ARTICLE 8 - SUCCESSORS AND ASSIGNS The COUNTY and the AGENCY each binds itself and its Partners, successors, executors, administrators and assigns to the Other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither thc COUNTY nor the AGENCY shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other, except that the AGENCY raay assign his/her right to receive payment. Nothing herein shall be construed as creating any perSonal liability on the part of any officer or agent of thc COUNTY which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the COUNTY and the AGENCY. ARTICLE 9 - REMEDIES This Contract shall be governed by the laws oftbe State of Florida. Any and all legal action necessary to enforce the Contract will be beld in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exemise by any party of any right, power, or remedy hereunder shall preclude any other Or further cxcmise thereof. .ARTICLE 10 - CONFLICT OF INTEREST The AGENCY represents that he/she presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, or as provided for in Florida Statute 112.311. The AGENCY further represents that no person having any interest shall be employed for said performance. The AGENCY shall promptly notify the COUNTY'S representative, in writing by certified mail, of all potential conflicts of interest for any prospective business association, interest or other cimumstance which raay influence or appear to influence the AGENCY'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or cimumstance, the nature of work that the AGENCY may undertake and request an opinion Of the COUNTY, as to whether the association, interest or cimumstance would, in the opinion of the COUNTY constitute a conflict of interest if entered into by the AGENCY. The COUNTY agrees to notify the AGENCY of h s/her ol~inion by certified mail within thirty (30) days of receipt of notification ~y the AGENCY. If, m the opinion of the COUNTY, the prospective business association, interest or circumstance Would not constitute a conflict of interest by the AGENCY, the 5 COIYNTY shall so state in the notification and the AGENCY shall, at his/her option, enter into said association, interest or circumstance and he/sbe shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the AGENCY under the terms of this Contract. qSARTICLE 11 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS The AGENCY shall deliver to the COUNTY'S representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the COUNTY under this Contract. All written and oral information not in the public domain or not previously known, and all information and data obtained, d~veloped, or supplied by the COUNTY or at its expense will be kept confidential by the AGENCY and will not be disclosed to any other party, directly or indirectly, without the COUNTY'S prior written consent unless required by a lawful order. All drawings, maps, sketches, programs, data base, reports and other data developed, or purchased, under this Contract for or at the COUNTY's expense shall be and remain the COUNTY'S property and may be reproduced and reused at the discretion of the COUNTY. The COUNTY and the AGENCY shall comply with the provisions of Chapter 119, Florida Statute (Public Records Law). All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation Of the transactions contemplated hereby. .ARTICLE 12 - INDEPENDENT CONTRACTOR RELATIONSHIP The AGENCY is, and shall be, in the performance of all work services and activities under this Contract, an Independent Contractor, and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed Pursuant to this Contract shall at all times, and in all places, be subject to the AGENCY'S sole direction, supervision, and control. The AGENCY shall exercise control over the means and manner in which he/she and his/her employees perform the work, and in all respects the AGENCY'S relationship and the relationship of his/her ereployecs to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. The AGENCY does not have the power or authority to bind the COUNTY in any promise, agreement or representation other than specifically provided for in this Contract. ARTICLE 13 - ACCESS AND AUDITS The AGENCY shall maintain adequate records related to all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion of this Contract. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the AGENCY'S place of business. .ARTICLE 14 - NONDISCRIMINATION The AGENCY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. .ARTICLE 15 - ENFORCEMENT COST~ ff any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any 6 provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not iaxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such fatty or parties may be entitled. ARTICLE 16 - AUTHORITY TO PRACTICE The AGENCY hereby represents and warrants that he/she has and will continue to maintain all licenses, designations, certifications and approvals required to conduct his/her business, and that he/she will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY'S representative upon request. ARTICLE 17 - SEVERABILITY If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 18 - PUBLIC ENTITY CRIME,e, As provided in F.S 287,132-133, by entering into this Contract or performing any work in furtherance hereof, the AGENCY certifies that he/she, his/her affiliates, suppliers, subcontractors and AGENCYs who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) months immediately preceding the date hereof This notice is required by Florida Statutes. Section 287.133(3)(a). ARTICLE 19 - NOTICE_ All notices required in the Contract shall be sent t}y certified mail, return receipt requested, and if sent to the COUNTY'S representative shall be mailed to: County Administrator P.O. Box 1989 West Palm Beach, Florida 33402 and Animal Care and Control 7100 Belvedere Road West Palm Beach, Florida 33411 with a copy to: County Attorney's Office P.O. Box 1989 West Palm Beach, Florida 33402 and if scm to the AGENCY shall be mailed to: City of Delray Beach Aniraal Control 434 S. Swinton Avenue Delray Beach, FL 33444 7 ~RTICLE 20 - CONTRACT TERMINATION This Con~ract may be canceled by the AGENCY upon thirty (30) days prior written notice to the COUNTY'S representative. It may also be terminated by the COUNTY, with or without cause, immediately upon written notice to the AGENCY. Unless the AGENCY is in breach of this Contract, the AGENCY shah be paid for services rendered to the COUNTY'S satisfaction through the date of term/nation. After receipt of a Termination Notice and except as otherwise directed by the COUNTY, the AGENCY shall: Stop work on the date and to the extent specified. B. Terminate and settle al/ orders and subcontracts relating to the performance of the terminated work. Transfer all work in process, completed work. and other materials related to the terminated work to the COUNTY. D. Continue and complete all parts of the work that have not been terminated. ARTICLE 21 - ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the AGENCY agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None oftbe provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise ahered, except by written instrument executed by the parties hereto. 1N WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Contract on behalf of the COUNTY and the AGENCY has hereunto set its hand the day and year above written. Dorothy H. Wilken, Clerk By:. Deputy Clerk PALM BEACH COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Assista~k/County Administrator WITNESSES AS TO THE AGENCY Witness APPROVED AS TO FORM AND LEGAL S<~IENCY ~/g' County Attorney ~ Approved as to form and legal sulficiency: ~ ~e'~. City Attorney AGENCY 8 APPROVED AS TO THE TERMS AND Paul W. MJlelli, Director Public Safety Department CERTIFICATE OF LIABILITY INSURANCE 'ithur J, Gallagher & 200 N,W. 415t Street Suite 200 Miami, FL 33166 City of Delray Beach 100 NW 1st Avenue Delray Beach~ FL 03,~44 I~SURER J~ United National Insurance (n) CP0065363 10101102 0101103 GENERAL LIABILITY (AUTO LIABILITY, IF APPUC~LE) AT $10O,OOO SIR; C1TY RELfES EXCLUSIVELY ON FS 768.28 The Additional Insured endorsement shall read "Palm Beach County Board of County Commissionem, a Political Subdivision of the State of Florida, Its Off)CeF~, Empl'oyees and Agents. But only to the ex'tent of the (See Attached Descriptions) ACORD 25-S (7/97) 1 of 3 ~S448301M44838 SMV <a ACORD CORPORA~ON 198~ Froa-~.RTHUI~ G/,LL~CHER CO +3055134Rg$ T-glO POO0/O0; F-gOO DESCRIPTIONS (Continued from Page 1) '.demnity provisions of the apptiGable Contract and only to the extent allowed by appliCable laws ,overRmental elltlfies otlly). This certificate issued as per application for financial assistance for City of )elray Beach from Palm Beach County Animal Care & Control £)ivlslon. Date: May 1, 2003 Agenda Item No. ~ AGENDA RE U.._Q_~ Agenda request to be placed on: X Regular Special When: May 6, 2003 Description of Agenda Item: Workshop __ Consent Palm Beach County Animal Control Reimbursement Funding Agreement Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (ifapplicable) Cit Mana er Review: Approved for agenda: ~/No ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # %~ - REGULAR M~ETING OF MAY 6. 2003 RESOLUTION NO. 27-03 (REOUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MF.~ICAL SERVIC.~.$ GRANTg DATE: MAY 2, 2003 Each year the County Emergency Medical Services Grants Program makes funds awilable to licensed E.M.S. Providers. To utilize these non-matching funds we must submit an application requesting the purchase of equipment or services, which are not budgeted through the City and a supporting resolution from the City Commission. The resolution is needed to demonstrate that the Delray Beach Fire and Emergency Medical Services Department, in fact, represents the Emergency Medical Services for the City and that the equipment or services purchased with these funds expands and improves the level of care provided to our citizens. For FY 2003-2004, we wish to purchase ten (10) Cardiac enzyme testing and monitoring units at a cost of $4,750.00 each. Purchasing this equipment will enhance and improve the City's emergency medical services operation and delivery. Recommend approval of Resolution No. 27-03 requesting funds from the Palm Beach County Emergency Medical Services Grants Program. &\City Clerk\chevelle folder\agenda memos\R~.27-03.EMSGrantx05-06.03 RESOLUTION NO. 27-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2003/2004. WHEREAS, the Delray Beach Fire and Emergency Medical Services Department represents the emergency medical services interests of the City of Delray Beach; and WHEREAS, the Delray Beach Fire Department is requesting funding for FY 2003/2004 through the Palm Beach County Emergency Medical Services Grant Award program for the purchase often (10) Cardiac enzyme testing and monitoring units. WHEREAS, the City of Delray Beach Fire Department is eligible to receive funds collected by the Office of Emergency Medical Sereices pursuant to Chapter 401.113, Florida Statutes; and WHEREAS, the equipment to be purchased with these funds will enhance the City's overall emergency medical services operation and improve the delivery and level of emergency medical care provided to the citizens of and visitors to the City of Delray Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ That the Mayor of the City of Delray Beach is hereby authorized to execute all documents, which are necessary to complete the request for, funds from the Palm Beach County Emergency Medical Services Grant Award program. PASSED AND ADOPTED in regular session on this the 6m day of May, 2003. ATrEST: MAYOR City Clerk I~E~,EIVED APR 1 7 20113 CiTY IdANAGER GULF STREAM DELRAY BEACH AII-Ameflca City MEMORANDUM 1993 2001 TO: THRU: FROM: DATE: David T. Harden, City Manager Kerry S. Koen, Fire C~t~eeE~*'~'T'~'''---'~--~ Robert B. Moreland, Division Chief- EMS April 15, 2003 SUBJECT: Information Requested for Inclusion in Resolution HIGHLAND BEACH Delray Beach Fire-Rescue will be applying for an annual, non-matching grant from Palm Beach County, Department of Emergency Medical Services for ten (10) cardiac enzyme test meters which will allow us to detect and analyze head enzymes while actually on the scene of many cardiac emergencies. Each unit will cost $4,750.00 and they are sole source items provided by Biosite, Inc. In order to proceed with the grant application process, a Resolution of the City Commission is required indicating their support of the application. A similar Resolution will be sought from the Town of Gulf Stream and the Town of Highland Beach as our application will be made in the name and interest of all three communities. A draft Resolution is attached, and I request that this item be placed on the next regular City Commission agenda as a consent item. A position paper on this technology and impact from Dr. Randall Wolff, Medical Director, is attached as well. Attachments: 2 WHY PRE-HOSPTIAL CARDIAC ENZYME DETECTION MAKES SENSE EMS personnel presently perform 12 lead EKG's on patients with chest pain and other symptoms suggestive of cardiac problems. The practice of performing EKG's in the field began over ten years ago. The purpose of paramedics performing this test before transport is to identify patients who have suffered a heart attack. Paramedics identify characteristic changes in the EKG and if an acute injury pattern is identified, the patient is transported to hospitals with the ability to perform emergency cardiac catheterization with balloon angioplasty. Hospitals with the ability to perform this emergency procedure are the best destinations for patients with heart attacks. The improved survival is not ovJy the result of balloon angioplasty with placement of stents, but also specialized cardiac centers provide the patient and medical team more options, such as placement of a device to assist the pumping action of the heart. These options are only available in a cardiac catheterization laboratory. Ir'identification of patients with heart attacks is important in the prehospital setting because it changes transport destination and saves valuable time and heart muscle, then it is critical to know how sensitive the EKG is in identifying patients with an acute cardiac injury. Data shows that one third of patients with an acute myocardial infarction are ml,sed by EKG's. Therefore, by using only EKG as the detection device, a significant proportion ofpat/ents with heart attacks are not being provided the opportunity that a cardiac catheterization laboratory provides. In the hospital, tests performed on a patient's blood provide a more sensitive indicator of cardiac injury by detecting chemicals that have leaked out of injured heart cells. These substances are referred to as cardiac enzymes. Their levels begin to rise soon after a patient has had a heart attack and remain elevated for rnRqy hours, It is now possible to detect cardiac enzymes in the field by use ora small portable machine that accurately measures these chemicals on a small amount of blood. The test is simple to perform and is similar in technique to measuring blood glucose. The results are avai/able within fif~ean minutes. In addition, the test will detect ifa patient has developed fluid in their lungs, a frequent complication ora fail/ng heart. If these tests are initiated soon after patient contact, the results will be available in time to assist the paramedic in determining the proper transport destination and allowing the paramedic to alert the hospital that the patient has suffered heart damage. This gives the hospital time to properly prepare for the incoming emergency. Ten years ago EMS broke new ground by performing EKG's in the field. We are now on the brink of a new era of paramedics measuring cardiac enzymes prior to patient transport. The use of these devices by EMS will make a difference for our patients, just as EKG machines have for the past ten years. Randall L. Wolff, M.D. Medical Director, 3/25/03 [IT¥ (IF DELRR¥ BEI:I[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE $61/243-7090 · FACSIMILE 561/278-4755 1993 DATE: April 23, 2003 Writer's Direct Line: 561/243-7091 TO: FROM: City Commission David Harden ~ Brian Shutt, Assistant City Attorney SUBJECT: Resolution Opposing Senate Bill 654 Our office has received a memo from the law firm (Leibowitz & Associates) assisting the City in its renewal of the cable franchise regarding Senate Bill 654 and its preemption of local government rights with respect to the regulation of broadband services. Please see the attached memo. The concerns of Leibowitz & Associates are that the cable industry will use this bill as a basis, either now or in the future, for the preemption of regulation of cable services. Preemption may result in the City's inability to control rights-of-way, customer service, system upgrades and enforcement as it relates to cable franchises. Collier County is adopting a resolution opposing SB 654 in its present form. We have prepared a draft resolution identical to the Collier County resolution for your review. If you would like for this resolution to be placed on the Commission agenda either notify Mr. Harden or our office. Please call if you have any questions. Attachment 04-09oZD03 11:51am Froa-LEI~0WITZ & kS$0C, +3066369411 T-?B1 P.0Ol/001 F-D06 L~Z~O~ITZ & ASSOCL~T~$, P.A. MEMORANDUM TO: FROM: l~: DATE: Law Firm Chen'/s s?l Interested Parties Leibowiiz & Assocla~es, P.A. SB 654 April 9, 200~ Having carefully read ~be proposc~l amended lanL, uale to Florida Statute 364.0361, it would appear that thc cable industry is attemptinll ~o achieve in 2003 what they failed to attempt pursuant to thc Communications Services Tax of 2001: Thc preemption of local governments' cable franchisln~ riEhTs. The lan~tage of the proposed a~ndmen! s!ales: "A local goYernmeltl may laot directly, or indirectly re,relate the r~rms and conditions including, but not limited to thc operations., ~ystcms, qualifications se~wiccs, service qua[iv/, service tort!wries and prices applicable to or in connection with thc provision of any broadband or information service." Today's modern cable systems are clearly based on broadband technology and any preemption of local governments right with respect to regtflalion of broadband services will likely be used as a basis now or in the future for preemption of reEulation of cable services. h is critical that all local governments contact their represen!atives in Tallahassec immediately to prevent paasagc of this sme~:~dmerit. Failure to do so may rest!It in the loss of all govcrnment franchisinE and reLmlafion of cable operators including, but not [imi~cd to usc of thc rights-of-way, cu.~omcr service, system upl~.,adcs and enforcement. Please call Man Lcibowilz or lla Fold should you have any questions with respect ro this 04/09/03 W~D 11:47 [T~/RI NO 8307] RESOLUTION NO, ~.-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING PROPOSED SENATE BILL 654 (PCB BR 03-06) WHICH REMOVES LOCAL GOVERNMENTS' AUTHORITY TO ENFORCE EXISTING CABLE FRANCHISE AGREEMENTS WITH REGARD TO ALL BROADBAND OR INFORMATION SERVICES, AND, ALLOWS TELEPHONE COMPANIES TO IMPLEMENT UNCONSCIONABLE RATE INCREASES WITH VERY LIMITED GOVERNMENTAL OVERSIGHT WHEREAS, during Florida's 2002 Legislative Session, Governor Bush vetoed last year's proposed House Bill 1683, which would have accomplished essentially the same results as the provision contained in currently proposed Senate Bill 654 and House PCB BR 03-06 ("the BILLS"); and WHEREAS, Governor Bush announced that last year's proposed House Bill 1683 was based on "ambiguities and circular logic" and would "tie the hands of the Florida Public Service Commission"; and WHEREAS, this year's redial of last year's bad Bill fails to correct the ills that were highlighted in Governor Bush's veto message because the new "BILLS" (a) insulate industries from competition from wireless and Intemet messaging services by shifting losses in access fee revenues to concurrent "revenue neutral" increases in local service basic rates, (b) by no means guarantee that competitors will enter into the applicable markets, and (c) do not allow residential customers and small business to realize savings and opportunity in their local service that they may realize in other telecommunications sectors; and WHEREAS, Governor Bush has said that the new "BILLS" are "acceptable" because in his opinion they grant to the Florida Public Service Commission sufficient authority to decide to what extent the subject telephone rates can be increased; and WHEREAS, in fact the "BILLS" afford customers very little, if any, effective protection, but instead, will allow elected officials to "blame" the appointed Florida Public Service Commissions for the inevitable, unconscionable rate increases that will certainly occur to millions of telephone customers with regard to their basic local telephone service; and WHEREAS, the "BILLS" will allow rates for residential basic telephone service to increase by up to 67 percent in as few as the first 2 years, and will also allow residential local telephone rates to increase up to 20 percent per year every year thereafter; and WHEREAS, the "BILLS" can result in customers who use local telephone service collectively paying as much as $1 Billion more per year in as few as three years, and the quality of this service can decrease due to other provisions in these "BILLS"; and WHEREAS, the "BILLS" contain the following text: "No local government shall have the authority to directly or indirectly regulate the terms and conditions, including, but not limited to, the operating systems, qualifications, services, service quality, service territory, and prices, applicable to or in connection with the provision of any broadband or information service"; and WHEREAS, the text noted above removes from the City of Delray Beach regulatory jurisdiction the specified items with regard to the City's cable television franchisee, and the City of Delray Beach believes such removal of regulatory authority is not in the public interest and may even be an unconstitutional impairment of the City's contract rights with regard to its existing cable television Franchise Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELPAY BEACH, FLORIDA that: The City Commission of the City of Delray Beach, Florida, strongly opposes proposed Senate Bill 654 (and its counter-part proposed PCB BR 03-06) from being enacted into law because these proposed Bills allow unconscionable, unjustified increases to rates for local telephone service, and also prevent the City of Delray Beach, and all other local governments, from enforcing their existing cable television Franchise Agreements with regard to all activities classified as "broadband and information services." PASSED AND ADOPTED in regular session on the __ day of ,2003. ATTEST: MAYOR City Clerk 2 RES. NO. MEMORANDUM To.' David Harden, City Manager From: Richard C. Oison, Interim Director Public Works Date: April 29, 2003 Re.' City Commission Meeting May 6, 2003 .Resolution 30-03 Authorizino_ City Mana?r To Execute F.D.O.T. State Road Closure Request for Temporary Closing/ Special Use of State Road Form Action City Commission is requested to approve resolution 30-03 which authorized the City Manager to apply for temporary road closure permits on state roads for special events. Background Pursuant to Chapter 14-65, Florida Administrative Code approximately (50) fifty times annually the City of Delray Beach requests permission from F.D.O.T. to temporarily close state roads for special events. The closings are requested mainly for Atlantic Avenue and A1A. These events include Art and Jazz, Summer Nights, Delray Affair, 4th of July Celebration, and the Turkey Trot Race. As of January 1, 2003 F.D.O.T. has changed their policies and procedures and questions whether the City Manager has the authority to execute these documents, on behalf of the City. Though almost all of these special events have City Commission approval and minutes of the meetings have been provided to F.D.O.T. Furthermore, the City Charter specifically gives the City Manager authority to execute these documents and a copy of the City Charter has also been provided to F.D.O.T.F.D.O.T. is requiring additional proof that the City Manager or his designee is authorized. Recommendation Staff recommends City Commission approval of resolution 30-03 authorizing the City Manager and or his designee to apply for temporary road closure permits fi.om F.D.O.T. RESOLUTION NO. 30-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO AUTHORIZE AND APPLY FOR STATE PERMITS FOR TEMPORARY CLOSINGS OF STATE ROADS FOR SPECIAL EVENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach permits special events to utilize state roadways from time to time; and WHEREAS, the City of Delray Beach desires to expedite the issuance of state permits pursuant to Chapter 14-65, Florida Administrative Code, to facilitate special events which use state roadways; and, WHEREAS, the Florida Department of Transportation requires the local government to authorize all Temporary Road Closures on state roadways; and WHEREAS, the City Commission of the City of Delray Beach desires to authorize the City Manager or his designee to authorize temporary closings of state roads for special events, and to apply for state permits pursuant to Chapter 14-65, Florida Administrative Code, for said temporary closings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach authorizes the City Manager or his designee to authorize temporary closings of state roads for special events, and to apply for state permits pursuant to Chapter 14-65, Florida Administrative Code, for said temporary closings. PASSED AND ADOPTED in regular session on the day of ,2003. ATTEST: MAYOR City Clerk Date: AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda __ Regular Agenda __ Workshop Agenda __ Special Agenda When: Hay 6, 2003 Description of agenda item (who, what, where, how much): City Corranission is requested to approve resolution 30-03, which authorized the City Manager to apply for temporary road closure permits on state roads for special events. Funding Available: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Department Hea~ ~. ~ Signature: ~ -x../~ \,._..~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Yes / No Initials: (if applicable) Approved for Agenda: 0/ No Initials: Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER % AGENDA ITEM # RESOLUTION NO. 31-03 DATE: MAY 2, 2003 - REGULAR MEETING OF MAY 6. 2003 This is a resolution assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 1001 N.W. 3'a Terrace The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessment remains unpaid. Recommend approval of Resolution No. 31-03. Agmemo.Emerg. Boardup. Res.No.31-03 RESOLUTION N0.~1-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELPJ%Y BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determ/nes, eaid notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, subm/tted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amoLh~t(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 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 i~anediately 1~ail by certified raail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at 2 Res. No. 31-03 the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the , 2003. day of ATTEST: MAYOR City Clerk Res. No. 31-03 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT MAILING ADDRESS: TILLIE NELSON 219 N.W. lOTM AVENUE DELRAY BEACH, FL 33444 PROPERTY ADDRESS: 1001 N.W. 3~ TERRACE LEGAL DESCRIPTION: LOT $0, POINCIANA HEIGHTS OF DELRAY BEACH ACCORDING TO PLAT BOOK 26, PAGE 245 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $960.86 by resolution of the City Commission of the City of Dclray Beach, Florida, dated ,2003 has been levied against the above described property. The costs were incurred as a result of an abatement action regard'rog the above described property. You were given notice on April IS, 2003 that the Chief Building official had determined that a build'rog/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the city if you failed to act. __X__You failed to appeal the decision of the chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Chief Building Official. Res. No. 3143 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on March 27~ 2003 at a cost of .~960.86 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED I. fNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COM/vIISSION City Clerk Res. No. 31-03 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~/~ AGENDA ITEM # ~ - REGULAR I~--~TING OF MAY 6, CHANGE ORDER NO. 1/TOTAL GOLF CONSTRUCTION. INC. DATE: MAY 2, 2003 This is before the City Commission to approve Change Order No. 1 in the amount of $38,903.50 to Total Golf Construction, Inc. for the Golf Course Greens Replacement Project. Funding is available from 441-5181-536-63.90 (Water/Sewer/Other Improvements). Recommend approval of Change Order No. 1 to Total Golf Construction, Inc. &\City Clerk\chevelle folder\agenda memos \ ChangeOtderN o. 1.Total Go1£5.06.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: www, rnydelraybeach, corn David Harden, City Manager Rafael Ballestero, Deputy Director of Construction ~ GOLF COURSE GREENS REPLACEMENT PROJECT, PN 2003-009 Agenda Request; Change Order # 1 DATE: April 24, 2003 Attached for Commission approval is an agenda request for Change Order #1 to Total Golf Construction, Inc. on the Golf Course Greens Replacement Project, PN 2003-009. It is for miscellaneous changes to the original contract. These changes are primarily design related items, and are briefly listed below. A more detailed description is contained in the attached letters from Ward Northrup, Golf Course Architect for the project. Change Order#l/Final is a net add amount of $38,903.50. 1. Longer solenoid wires for irrigation rotors and decoders. This will facilitate future maintenance and repairs. Cost is $1284.00. 2. Provide a secondary containment vessel for the fertilizer tank, due to its proximity to the raw water well to the west. Cost is $1680.00. 3. Provide FPL electrical service to the new pump station. Cost is $26,767.00. 4. Mount the necessary disconnects to the controls inside the pump enclosure, to create a more serviceable installation. Cost is $2912.00 5. Grassing the fairway area disturbed by reuse water pipe installation with T-419 turf. Cost is $3985.50. 6. Replacement of 700 If of 2 ½" irrigation line, and six Harco DI service tees. This line is in the construction area of the 24" reuse line. Cost is $2275.00. Prices are commensurate with work to be performed. Staff recommends approval of this change order # 1. Funding source is account #441-5181-536-63.90, Connection Fees. cc: Richard Hasko; Director of ESD Randal Krejcarek; City Engineer City Clerk's Office Agenda File 05/06/03 Project File 01-016(A) S 5EngAdmin~Projects~2003~2003-009\CONSTRCT~AgMemo CO 1.04.24.03.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGENO. 1 PROJECTNO. 2003-009 DATE: PROJECT TITLE: Golf Course Greens Replacement Project TO CONTRACTOR: Total Golf Construction, 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: Additional contract items (6 total), per attached change order request dated 4/16/03, and justification letters dated 4/10 and 4/22/03. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 3.72% TOTAL PER CENT INCREASE TO DATE 3.72% $1,046,870.00 $ o.oo $ 1,046,870.00 $ 38,903.50 $ 1,085,773.50 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Total Golf Construction, Inc.. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Source: 441~5181-$36-63.90, Connection Fees, $38,903.50 DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: City Attorney By: ATTEST: By: City Manager City Clerk S:~EngAdmin~ProjectsX2003~2003-009\CONSTRCT~CO 104.24.03.doc WARD W. NORTHRUP GOLF COURSE ARCHITECT April 1 O, 2003 Mr. Rafael Ballestero Construction Project Manager 424 South Swinton Avenue Delray Beach, Florida 33444 Re: Golf Course Greens Replacement Project #2003-009 Dear Rafael, Enclosed is the change order from Total Golf Construction, Inc. that we discussed with Mr. Hasko on Wednesday. Item 1: During the preparation of the Constmetion Specifications, Tom Arendt and I had determined that longer solenoid leads would facilitate the ease of maintenance to the rotors and decoders. Both major equipment manufacturers were contacted regarding the availability of this modification and we were told that it could not be done. I continued to make contacts with factory designers and specification writers at Rain Bird and was able to get them to make the modification to the solenoid wiring for the Delray Beach Golf Club installation. This modification has a very reasonable cost and will make repairs to the system much more efficient for years to come. Item 2: Cost: $1,284.00 The new pump station was designed with a liquid fertilization injection system, as was the older existing station. We were well into the bidding process when it was brought to my attention that a containment vessel would be required for the 5505 OSPREY DRIVE OCEAN RIDGE, FLORIDA 33435 561-738-7426 FAX: 561-738-7429 fertilizer tank, due to the proximity to the raw water well to the west. The most economical way to provide containment was to set the tank in another larger basin. Cost: $1,680.00 Item 3: During the preparation of the plans and specifications for the new pump station, many contacts were made with FP&L to finalize the source of power for the relocated pump station. FP&L did not respond to inquiries from me or City staff. The Senior System Project manager was replaced by FP&L and a meeting was set up in which the power source was identified at one of the raw water well sites, left of the ninth fairway. Proposals were obtained from two electrical contractors whose primary work is large underground installation and Sullivan Electric was the lower cost proposal. Sullivan Electric will install the electrical portion with Total Golf Construction furnishing the trench and performing the restoration work. Item 4: Cost: $26,767.00 To facilitate the installation of the disconnects at the pump station, we requested the pump manufacturer to mount the necessary disconnects on the pump enclosure and factory wire from the disconnects to the controls inside the pump enclosure. This will make a cleaner more serviceable installation than having a separate rack installed at the pump location. Sullivan Electric and the pump manufacturer, Watertronics, have been in communication regarding the installation of the disconnects. Please call if you have any questions. Cost: $2,912.00 Total Cost: $32,643.00 WWN/cm -2- WARD W. NORTHRuP GOLF COURSE ARCHITECT April22,2003 Mr. Rafael Ballestero Conslxuction Project Manager 424 South Swinton Avenue Delray Beach, Florida 33444 Re: April 14th Meeting - Golf Course Greens Replacement Project #2003-009 Dear Rafael, As we were directed at the meeting, the following items will be added to the change order for the above. 1. Grassing the area of the installation of the eight inch (8") supply line to the irrigation lake. (1160 LF) 550 LF x 15' wide - 8,250 square feet will be sodded with T-419 and 610 LF x 15' wide - 9,150 square feet will be sprigged with T~419 stolens. Underground contractor will bring the excavation back to original grade. Backfill will be clean native soil free of debris. 2. Replacement of two and one-half inch (2 %") class 200 PVC line - 700 LF and six (6) Harco DI service tees. This irrigation line is in the construction area of the twenty-four inch (24") reuse line along Atlantic Avenue. The addition to the golf course contractor's contract was a result of the reuse water line prebid meeting. It was agreed that it would be more cost effective to have Total Golf Construction perform the above. The cost for Item 1 will be $3,985.50 and Item 2 $2,275.00. 5505 OSPREY DRIVE OCEAN RIDGE, FLORIDA 33435 561-738-7426 FAX: 561-738-7429 My letter of April l0th listed four (4) items at a cost of $32,643.00. The new items will add $6260.50 for a total of $38,903.50. Please call if you have any questions. Sincerely, Ward W. Northrop -2- Request to be placed on: Agenda Item No. ~_~ Date: April 24, 2003 --X--Regular Agenda Special Agenda Workshop Agenda When: May 6, 2003 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for Change Order #1 to Total Golf Construction, Inc. on the Golf Course Greens Replacement Project, PN 2003-009. It is for miscellaneous changes to the original contract. Change Order #1 is a net add in the amount of $38,903.50. Items: 1. Longer solenoid wires for irrigation rotors and decoders. This will facilitate future maintenance and repaim. Cost is $1284.00. 2. Provide a secondary containment vessel for the fertilizer tank, due to its proximity to the raw water well to the west. Cost is $1680.00. 3. Provide FPL electrical service to the new pump station. Cost is $26,767.00. 4. Mount the necessary disconnects to the controls inside the pump enclosure, to create a more serviceable installation. Cost is $2912.00 5. Grassing the fairway area disturbed by reuse water pipe installation with T-419 turf. Cost is $3985.50. 6. Replacement of 700 If of 2 ~" irrigation line, and six Harco DI service tees. This line is in the construction area of the 24" reuse line. Cost is $2275.00. Funding Source is Account # 441-5181-536-63.90, Connection Fees. ORDINANCE/RESOLUTION REQUIRED: Not required. Rec°m mendation: Staff reco/~'.~d~ a~.~.~,.~,a~/~ang..~Ir..~: ~,.t~TotalGolf Construction, in c. Department head signature. ~ / Dete~ination of Consistency ~th Comprehensive Plan: Ci~ AEomey Review/Re~mmendation if applJ~ble):. Budget Dire~or Review (mq~d on all it~ ipvolving expendi~ndN: Funding available: ~/NO Funding alternatives (if appli~e~ see above Account No. & Description Account Balance Ci~ Manager Review: ' Approved for agenda:~NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:~EngAdmin~Projects~2003~2003-009\CONSTRCT~AgReqCO ! .04.24.03.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CHANGE ORDER NO. ENGINEERING. INC DATE: MAY 2, 2003 - REGULAR M~.TING OF MAY 6. 2003 1/FINAL PAYMENT/CONOUEST This is before the City Commission to approve Change Order No. 1 in the net deduct amount of $26,560.01, and final payment in the amount of $5,569.28 to Conquest Engineering, Inc. for the Seacrest Neighborhood Improvements Phase III Project. Funding is available from 442-5178-536-65.03 (Water & Sewer R&R/Seacrest-Del Ida Neighborhood Improvements). Recommend approval of Change Order No. 1 and final payment to Conquest Engineering, Inc. for the Seacrest Neighborhood Improvements Phase III Project. S:\City Clerk\chevelle folder\agenda memos\Final Payment. ConquestEnginecrmg.5.06.03 City Of De. lray Beach f Department of Environmental Services ~' ~c,'~ M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: www. mydelraybeach, corn David Harden, ~_~nager Victor Majtenyi, Construction Manager SEACREST NEIGHBORHOOD IMPROVEMENT IMPROVEMENTS PHASE III, PN 2001-016 Agenda Request; Change Order # 1/Final, Final Payment April 23, 2003 Attached for Commission approval is an agenda request for closeout Change Order gl/Final to Conquest Engineering, Inc. on the Seacrest Neighborhood Improvements Phase III project, PN 2001-016. It is for the final plus/minus quantity adjustments and miscellaneous changes to the original contract. Change Order #1/Final is a net deduct amount of $26,560.01. A request is also made for final payment in the amount of $5,569.28 to Conquest Engineering, Inc. A Contractor Evaluation form is attached for your review. Residual funds to be liquidated from PO#605699 to account 442-5178-536-65.(~ (Water & Sewer R & R, Seacrest and Del Ida) in the amount of $26,560.01. CC; Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestero; Dep. Dir. of Construction City Clerk's Office Agenda File 05/06/03 Project File 01-016(A) S:~EngAdmin~Projects~2001~2001-016\CONSTRCTXAgMemo COl closeout 05.06.03.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/Final PROJECT NO. 2001-016 DATE: PROJECT TITLE: Seacrest Neighborhood Improvements, Phase III TO CONTRACTOR: Conquest Engineering, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR TH1S PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Plus/minus quantity adjustments and changes per at~ached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT DECREASE THIS CHANGE ORDER 8.72% TOTAL PER CENT DECREASE TO DATE 8.72% $ 304,534.00 $ 0.00 $ 304,534.00 $ (26,560.01) $ 277,973.99 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Conquest Engineering, Inc.. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Source: 442-5178-536-65.03 (-$26,560.01) DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: City Attorney By: ATTEST: By: City Manager City Clerk S:~EngAdmin\Projects~200B2001-016\CONSTRCT~CO1 Final 05.06.03.doc © © r~ .< Agenda Item No.~5 AGENDA REQUEST Request to be placed on: Date: April 23, 2003 --X--Regular Agenda , Special Agenda Workshop Agenda When: May 6, 2003 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for closeout Change Order #1/Final to Conquest Engineering, Inc. on the Seacrest Neighborhood Improvements Phase Ill project, PN 01-016. It is for final plus/minus quantity adjustments and miscellaneous changes to the original contract. Change Order #1/Final is a net deduct in the amount of $26,560.01. A request is also made for final payment in the amount of $5,569.28 to Conquest Engineering, Inc. Residual funds to be liquidated from PO#605699 to account 442-5178-536-65-0~ (Water and Sewer Repair & ReplacementJSeacrest and Del Ida) in the amount of $26,560.01. ORDINANCE/RESOLUTION REQUIRED: Not required. Engineering, Inc. ~~~ Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Recommendation: Staff recommends award of Change Order #1/Final and Final Payment to Conquest Budget Director Review (re~.~d on all items involvin~l expenditure of funds): Funding available:(YES.,~lO --,- ~ . Funding alternative~'~fapplicable): 'see above Account No. & Description z/.Sz',-2- Account Balance~ _ _ ~/~r,~.,4,c&,,. City Manager Review: Approved for agenda: ~NO Hold Until; Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved SSEngAdmin~Projects~2001~001-016\CONSTRCT'xAgReqCOi closeout 05.06.03.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~-3 \ - REGULAR MEETING OF MAY 6. 2003 SERVICE AUTHORIZATION #11.A/ROBERT G. CURRIE PARTNERSHIP. INC. DATE: MAY 2, 2003 This is before the City Commission to approve Service Authorization #11.A with Robert G. Curtie Partnership, Inc. m the amount of $8,500.00, for researching wetland delineation, surveying, and developing schematic alternatives for the Intracoastal (F.I.N.D.) Park. Funding is available from 334-4174-572-63.90 (General Construction Fund/Other Improvements/Intracoastal Park). Recommend approval of Service Authorization #11.A with Robert G. Curde Partnership, Inc. for researching wetland delineation, surveying, and developing schematic alternatives for the Intmcoastal (F.I.N.D.) Park. S:\City Clerk\chevelle folder\agenda mcmoa\ServiceAuth. #11.ACurde.5.6.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Randal L. Krejcarek, P.E., City Engineer ~./.~,4~'x~/-.'{~ 30 Apr 2003 Intracoastal (F.I.N.D.) Park Service Authorization #1 t.A Project # 2001-007 Commission Agenda Item This agenda item is for Commission approval/authorization for Mayor to execute Service Authorization #11.A with Robert G. Currie Partnership. This service authorization is for researching wetland delineation, surveying to identify wetlands, developing schematic alternatives to develop site and attend meetings with abutting property owners. This service authorization is a not to exceed service authorization with a cap of $8,500.00. The City has previously completed Service Authorization #11 ($6,600.00) with Robert G. Currie Partnership to complete the initial survey and provide one layout of the referenced property. The survey included identifying limits of mangroves. The attached map shows the project location. Please place this item on the 06 May 2003 Commission Agenda. Thanks. enc cc; Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file S:tEngAdmintProjectst2OOl~2OOl.0OTtOFFiClALt2OO3may06 agendamemo, doc lOTH ST, S.E. 12TH RD, S POINSETTIA RD, LEW1S COVE C) IT£ DR. (D HODES -VILLA AVE. Z INTRACOASTAL PARK LOCATION MAP 2001-007 DATE:4/29/03 lofl ROBERT G. CURRIE PARTNERSHIP Architects, Planners & Interior Designers AA0002271 ROBERT G. CURRIE PARTNERSHIP, INC AMENOED CONSULTING SERVICE AUTHORIZATION Robert G. Currie, AIA Jess M. Sowards, AIA Jos6 N. Aguila, AIA DATE: November 19, 2002 Amended April/}, 2003 SERVICE AUTHORIZATION NO. Eleven ~gPf /~' FOR CONSULTING SERVICES CITY P. O. NUMBER: CITY EXPENSE CODE: TITLE: INTI~ACOASTAL (F.I.N.D.} PAI~K RGCP #, 021002 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Agreement dated March 29, 1996, as amended, between ~he City of Delray Beach and The Robert G. Currie Partnership, Inc. ~l=rlON Services generally consists of preparation of a master plan for the above referenced project, to include site survey, site planning services, City review at the Site Plan Review and Appearance Board, and if requested, preparation of bidding and Construction Documents. The site is located between the lntracoastal Waterway and U:S.#1 consisting of approximately 4.5 acres. ~COPE OF ,'3ER¥'ICES Services for this project will be listed under separate task authorizations as the scope of work is better defined. The anticipated tasks are as follows: .TASK 1: (Completed} This will consist of preparation of a boundary survey for the three parcels indicated on the attached sketch as prepared by the City of Delray Beach dated 09-11-2000. Survey shall include the following: Survey will indicate all platted rights of way, including bearing and distance for center lines, lot numbers, block numbers, and platted easements. Survey will show all improvements, physical objects, driveways, existing docks, sea walls, location of all structures and significant landscape material. Topographic elevations will be indicated every 100 feet or less. Survey will indicate the location of the limits of existing mangroves, and mean high water line. TASK 2a: This task will provide the necessary resources for preparation of graphics and other exhibits for presentation to adjoining residents, City staff, and the City Commission, as directed by the City. We will prepare drawings, analyze alternative site approaches, attend meetings, and research environmental implications and approval requirements of the various alternatives. 134 Northeast 1st Avenue, Delray Beach, Florida 33444 Telephone: (561) 276-4951 Fax: (561) 243-8184 E-mail: rgcp@curriearc.com AIA Florida Firm of the Year 2000 TASK 2b: This task will consist of preparation ora master site plan, floor plans and elevations for the restroom facility. Attendance to meetings with City staff and other regulatory agencies for review of conceptual design, and verification of permitting requirements. Any environmental suweys that may be required will be included at this time. III TA,~K 3.' Upon completion of Task 2, the architect and required consultants will prepare the necessary documents for submittal to the City of Delray Beach for Site Plan Approval. The work will include architectural sewices, civil engineering, traffic reports, and landscape architectural services. A colored elevation will be prepared as required for Board approval. E, UDI~ET The budget for Task 1 will be a lump sum fee of Six Thousand Three Hundred and Twenty Five Dollars and no Cents ($6,325.00), plus reimbursable expenses. Thi~ Ta~k ha~ besn completed. Sewices associated with Ta~k 2a will be completed at a hourly ~ate per the attached Exhibit "B', and will not exceed Eight Thousand Five Hundred ($l~,500.00) Dollars without prior written authorization from the City. Budget for Tasks 2b and 3 will be determined at a later time, as the scope of work is better defined. For services requested not identified above, or in the absence of an established lump sum fee, sewices will be performed - when authorized - based on the rates between the Architect and the City of Delray Beach (see attached Exhibit Reimbursable expenses are expected to be no more than 750.00 Dollars, which will not be exceeded without prior authorization. IV COMPLETION DATE Each Task will be completed in an expeditious manner, consisten~ with a written Notice to Proceed from the City. This Sewice Authorization is approved contingent upon the Cites acceptance of and satisfaction with the completion of sewices rendered in the previous phase or as encompassed by 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 liability. The CONSULTANT may not commence work on any Service Authorization approved by the City to be included as part of the Contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH Date: David T. Harden, City Manager Attest: ROBERT G. CURRIE PARTNERSHIP, INC. Date: ~ .~. ¢ *> Josg N. ~gull~A, Principal Witn s · '7 STATE OF FLORIDA COUNTY OF PALM BEACH The following instrument was acknowledged Before me this c~ Day of d~_l~ , , 2003, by Josg Aguila, of The Robert G. Currie Partnership, Inc., a professional Association. He is personally known to me And did not take an oath. Notary Public My Commission Expires: SEAL EXHIDIT "1~" ROI~ERT G. CURRIE P'ARTNER~HIF', INC EM?LOYEE CATEGORY HOURLY RAW SALARY RATES HOURLY RAW SALARY RATE TIMES 3.0O MULTIPLIER FROFESSIONALS: Principal Architect Project Architect Project Manager Architect $44.68 $31.91 $31.91 $27.64 $134.04/hr $95.73/hr $95.73/hr $82.92/hr TECHNICIANS: CADD Technician I CADD Technician II $21.16 $19.15 $63.48/hr $57.45/hr OFFICE SUPPORT: Clerical $14.87 $~1~1.61/hr ECOLOGICAL CON,.~ULTANTS Project Manager/Scientific Director Associate Scientist Senior Scientist Biologist Lab/Field Technician $28.34 $25.00 $21.67 $16.67 $11.67 $85.00/hr $75.00/hr $65.00/hr $50.O0/hr $35.00/hr Rev fee 04/08/03 Date: 30 Apr 2003 AGENDA ITEM NUMBER: _AGENDA REQUEST Request to be placed on: _ X Consent Agenda Regular Agenda Workshop Agenda When: 06 May 2003 · Special Agenda Description of Agenda Item (who, what, where, how much): This agenda item is for Commission approval/authorization for Mayor to execute Service Authorization #11.A with Robert G. Currie Partnership. This service authorization is for researching wetland delineation, surveying to identify wetlands, developing schematic alternatives to develop site and attend meetings with abutting property owners. The service authorization is a not to exceed service authorization with a cap of $8,500.00. Staff Recommendation: Approve Service Authorization Department Head Signature:~.~~ ~/-)o - v2. City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number 334-4174-572-63.90 Description .. Intercoastal Park Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: (~/No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2001\2001.007\OFFiCiAL\2003may06 agenda.doc ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: DATE: David T. Harden, City Manager ~10Robert A. Barcinski, Assistant City Manager AGENDA ITEM CITY COMMISSION MEETING MAY 6, 2003 SPECIAL EVENT REQUEST - 4TM OF JULY CELEBRATION April 29, 2003 ACTION: City Commission is requested to endorse the 4th of July Celebration, gratu a temporary use permit per LDR's Section 2.4.6(H) for the closure of Atlantic Avenue from the ease side of NE/SE 7th Avenue to Ocean Blvd., and from the south side of Thomas Street to the north side of Miramar on Ocean Blvd. from noon to approximately midnight, to waive LDR's Section 4.6.7(c) (5)(a) and (9) to allow banners and flags, to waive City ordinances 101.25 "Commercial Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors, and to allow all beach parking lots to remain open to approximately midnight. Commission is also requested to provide staff support for security and traffic control, street barricading and banner hanging, stage set up and use, and clean up and trash removal. BACKGROUND: The 4th of July Celebration is sponsored by the city through the Parks and Recreation Department in parmership with the Joint Venture. The Parks and Recreation Department is responsible for event management, planning and coordination of staff support. The Joint Venture contracts with the fireworks vendor for the display and barge, assists in fund-raising, helps obtain sponsors and vendors, develops and delivers promotional materials, and obtains and coordinates media coverage. There will be a sand-sculpting contest on the beach from approximately 8:00 a.m. until noon. A bicycle parade will start at 4:00 p.m. and entertainment will begin at 6:30 p.m. The fireworks show starts at approximately 9:00 p.m. Various vendors, as well as, the Marriott and restaurants on south Ocean Boulevard will be set up along Ocean Boulevard selling food and beverages beginning at approximately 5:00 p.m. The cost of the fireworks display, barge rental, and docking fees are approximately $69,700. The City contributes $40,000 to the Joint Venture to help offset the costs of the fireworks display and barge rental. Overtime costs for staff support are approximately $21,000 and are paid for through the City departmental budgets. Last years costs were $18,650. In addition, barricade rental costs and portable lighting rental costs are about $350. The in-kind value of media and other event support is approximately $150,000. Liability insurance is assumed by the City. A budget from the Joint Venture, our partner for the event, is attached. RECOMMENDATION: Staff recommends approval of the event, the temporary use permit for street closures, waiver of LDR's to allow banners and flags, waiver of City codes to allow assembly on the beach and vendors on A-l-A, and staff support as stated. RAB/tas File:u:swecney/evcnts Doc:Memo to DTH re 4~h of July Celebration 2003 DELRAY BEACH JULY 4TH 2003 CELEBRATION SCHEDULE 8:00 am - 12 noon 5:00pm 8:00am -10:00pm 6:30-8:30pm 8:30pm 8:45pm 9:00pm Fireworks by Grucci Sand Sculpting Contest and Kite Demonstration presented by the Delray Beach Rotary Sunrise and sponsored by Castles by the Sea Real Estate. Theme will be "Patriotic". 1pm winners will be announced~ Ocean Boulevard and Atlantic Avenue on the beach. Registration Information, call 279-1380 ext 17. Patriotic Bicycle and Scooter Parade, presented by the Delray Beach Youth Council, sponsored by Target Stores. Atlantic Avenue at Veterans Park. Theme will be "America the Beautiful", Decorate your bikes and scooters and register for the Big Prizes, including a new bicycle, helmets, scooters and much morel Parade route will be Veterans Park to Ala at the Marriott. Open to all ages. For registration information, call 243-7231. The 30 x 60 foot American flag will be flown near the beach, weather permitting, flying high above the intersection of Ocean Boulevard and Atlantic Avenue. FREE CONCERT -, Atlantic Avenue at Ocean Boulevard- bring your lawn chairs. First Salute...30 minutes to show time. A Red, White & Blue 8" Star Shell will let you know show time is in fifteen minutes. Make sure your radios are set to Sunny 104.3 FM for the fireworks music simulcast. Fireworks Celebration Introduction Duration 22:27 minutes ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: DATE: David T. Harden, City Manager ~F~Robert A. Barcinski, Assistant City Manager AGENDA ITEM CITY COMMISSION MEETING MAY 6, 2003 SPECIAL EVENT REQUEST - AVDA 5K WALK April 29, 2003 ACTION: City Commission is requested to endorse the 5th Annual Aid to Victims of Domestic Abuse, Inc. 5K Walk to be held on Saturday, October 18, 2003 from 7:30 a.m. until approximately 1:00 p.m., to grant a temporary use permit per LDR Section 2.3.6(H) for the use of Anchor Park and the City right-of-way along Ocean Boulevard, to waive parking meter fees, and to authorize staff assistance for providing traffic control, and set up and use of the small stage. The event sponsor is requesting a waiver &all overtime costs. BACKGROUND: Attached is a request we received from Pamela O'Brien, Executive Director for AVDA, to hold their 5th Annual 5K Walk on Saturday, October 18, 2003 with registration beginning at 7:30 a.m. and the event to start at 8:30 a.m. The route requested is the sidewalk route along Ocean Boulevard and does not require street closure. AVDA volunteers will assist with marshals and will provide clean up. Barricades for the park will be provided on Friday 10/17/03 by Public Works staff and will be set up on Saturday morning by volunteers and police staff. The stage will also be set up on Friday. The Police Department will try to staff the event with volunteers. If police volunteers are unavailable, then the estimated overtime costs is $245.00. Last year there were no overtime costs for this event. This is a not a new event. A budget for the event is attached. RECOMMENDATION: Staff recommends approval of the event, the temporary use permit, and the waiver of parking fees. We also recommend authorization to provide staff assistance for traffic control with the sponsor paying 50% of overtime costs, if needed per the new policy, contingent on the sponsor providing the required liability insurance and a hold harmless agreement. RAB/tas File:u:sweeney/events Doc:Memo to DTH ye AVDA 5K Walk 2003 AVDA Aid to Victims of Domestic Abuse, Inc. March 26, 2003 Mr. Robert Barcinski Assistant City Manager City of Delray Beach 100 N.W. 1't Avenue Delray Beach, FL 33444 P.O. Box 667 Delray Beach, FL 33447-0667 Phone,: 561-265-3797 · Fax: 561-265-2102 24-HOUR CRISIS HOTLINE 1-800-355-8547 Dear Mr. Barcinski: In recognition of National Domestic Violence Awareness Month, Aid to Victims of Domestic Abuse, Inc. (AVDA) would like to present its 5thAanual 5K Walk~thon on Saturday, October 18, 2003. Thc selected route would have walkers travel on thc northbound sidewalk until it ends at Beach Drive. Thcy will then turn around and continue walking southbound on thc sidewalk. Staging for thc event would occur at Anchor Park. AVDA respectfully requests that thc City Commission endorse our 5th Annual 5K Walkathon and grant a temporary use permit for the use of Anchor Park and the northbound and southbound sidewalks along AIA. Registration would begin at 7:30 a.m. and the 5K Walkathon would start at 8:30 a.m. All activities will conclude at 1:00 p.m. Activities would include wellness exhibitors, music and a Kid's Area complete with games and age appropriate activities. All refreshments, including water, juice and bagels would be at no cost to participants. Additionally, AVDA requests staff assistance in providing traffic control and that fees for meters behind Anchor Park, meters at Sandoway Park for overflow parldng and all associated overtime costs be waived as previously granted. AVDA will provide volunteers to assist with registration, cleanup and serve as Marshals along the route. AVDA will also provide the r~uimd liability insurance naming the City of Delray Beach as additional insured and execute a hold harmless Wc also request a small stage be placed in front of thc life guard station at Anchor Park and would appreciate it if thc costs associated with this be waived. Proceeds f~om this event will be used to continue providing daily nutritious meals, compre- hensive case management, crisis counseling and other quality services to homeless battered women and clnl&en. I look forward to hearing from you soon with a favorable response. If you have any questions, please contact Lynn Keating, who can be reached at 265-3797, Ext. 102. On behalf of our Board of Directors, staff and the women and children who will benefit from your support, I thank you for taking this matter under advisement. Sin y, /_ ~ ~ PamelaA. O rien, . . ., . . Executive Director Aid to Victims of Domestic Abuse, Inc. 5th Annual 5K Walkathon October 2003 DRAFT BUDGET REVEI~UE 90 Walkers (80%) 25 Walkers (20%) Sponsors $20.00 registration fee (no pledges) $100/each in pledges (fee waived) SUB-TOTAL EXPENSES Brochures In-Kind T-shirts (printing) Postage Paper/Envelopes/Posters Food (fruit, juice, water, bagels) In-Kind Beverage/food supplies Police City of Delray Beach - OT for Parks SUB-TOTAl, $ 1,800 $ 2,5o0 $11,000 $15,300 $000.00 $500.00 $250.OO $600.00 $ooo.oo $25O.OO $125.00 $625.00 $2,350.00 12,950.00 TO: FROM: SUBJECT: ADMINISTRATIVE SERVICES MEMORANDUM David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager AGENDA ITEM - CITY COMMISSION MEETING MAY 6, 2003 SPECIAL EVENT REQUEST - 6th ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL DATE: April 29, 2003 Action City Commission is requested to endorse the 6th Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 24-25, 2003, to grant a temporary use permit per LDR's section 2.4.6(H) for use of city right-of-way on Pineapple Grove Way from the north side of NE 1st Street to the south side of NE 4TM Street, and to authorize staff support for security and traffic control. Background Howard Alan Events, LTD. will be sponsoring the 6th Annual Downtown Delray Craft Festival. This year again, a portion of the proceeds will be given to the Joint Venture. Mr. Alan is requesting closure of Pineapple Grove Way from the north side of NE l~t Street to the south side of NE 4th Street Mr. Alan has indicated that he would rent and install barricades with volunteers. He is also requesting police assistance for security and traffic control. The estimated overtime cost for City services is $2,100. Last years overtime costs were $1,082. Mr. Alan will pay for these costs as well as provide for trash removal, clean up, porta lets, and barricade rental. Signage per LDR's section 4.6.7(D)(3)(j)(I) can be installed one week prior to the event and must be under 20 square feet. This is not a new event. Attached is a copy of the event budget and site plan. Recommendation Staff recommends endorsement of the event, granting of the temporary use permit for the street closure, providing staff assistance for security and traffic control, and allowing the event sign to be installed one week prior to the event with all overtime costs to be paid by the sponsor. The approval would be conditional upon the receipt of the insurance certificate. RAB/tas Cc: Marjorie Fen'er File:u:sweeney/events Doc:Memo to DTH re 6th Annual Downtown Delray Craft Festival 052403 April 7, 2003 AA4E~I¢A'~ FINEZT Mr. Robert Barcinski Assistant City Manager City of Delray 100 NW 1st Avenue Delray Beach, FL 33~.~.~. Dear Mr. Barcinski: We are planning for the 6th Annual Downtown Delray Craft Festival, to be held May 24 & 25, 2003 on NE 2nd Avenue from NE 1st Street to NE 4th Street in Pineapple Grove. Please be advised that the following logistics for the 6t~ Annual Downtown Delray Craft Festival will be arranged: Clearance: A 14' clearance for emergency traffic will be provided throughout the entire show area. Street Closure: Bob's Barricades will drop off barricades on Fdday, May 23, 2003, and our employees will set them up early Saturday morning as follows: 12 barricades just past the alley 10 barricades on the corner of NE 2na Avenue and NE 1`t Street 14 barricades on the comer of NE 2nd Avenue and NE 2nd Street 14 barricades on the corner of NE 2na Avenue and NE 3ra Street 5 barricades at the crosswalk between NE 3~ Street and NE 4t~ Street on the west side by Publix Police: The Delray Police Department will arrange for Police and Security from 10:00 am - 5:00 pm on Saturday and Sunday with 2 officers for daytime security, and Accurate Event Services will provide 2 overnight secudty officers on Saturday from 6:00 pm - 6:00 am. Port-O-Lets and Dumpster: 3 regular and 1 handicap port-o-lets will be ordered through Able Sanitation and will be dropped off on Friday, May 23, 2003 and will be picked up on Monday, May 26, 2003, with servicing on Sunday, May 25, 2003. They will be placed in the parking lot of the deserted Publix. A 20-yard rolloff dumpster is ordered from BFI will be placed in the deserted Publix parking lot. It will be dropped off on Friday and picked up on Monday as well. 9695 W. Broward Blvd. ROW~,Ur~ ~lla~t~ion, F~L 3~2~N~A_TiON, FLORIDA 33324 9695 W. B ,O~,~i.~t~-4-~_-3~.5-~LFax(9Ta4~4,72.~9,t)4,T_4,7.~.y,3.q,~.~5. ~ ~ ~' [TM 472-3891 ~ ~ .~ q ~/vJ~I~I'FESTIVAI.~{:0hL w w,w. a [-t fas Il v al . corn Trash Receptacles: Trash receptacles will be supplied and maintained by our professional clean-up crew, Profest (Mitch). They will handle clean up of the trash throughout the area each day. Vendor Parking: Parking will be at the vacant Publix parking lot. Insurance: City required certificates will be issued. If you have any questions, please feel free to call me at (954) 472-3755. Howard Alan Events, Ltd. 9695 w. Broward Blvd. Plantation. FL 33324 (954) 472-3755 ~ Fax (954) 472-3891 www. ARTFESTIVAL.com ,~OWARD ALAN EVENTS; 9544723891; Mar-19-02 18:02; Page 2/2 8 [] [] [] ~1 "1 I [] "' [] -I r- .L~I~I~.LS 3s~ ~IN [] XXXX XXXX -I 3 0 3NN~3AV OIIN~-I.LV American Craft Endeavors 6th Annual Downtown Delray Craft Festival May 24 & 25, 2003 PROPOSED BUDGET FOR May 2003 Income Number of Crafters 110 Number of Food Vendors 3 To~lRevenue EXPENSES Advertising: Boca Raton News Palm Beach Post South Florida Newspaper Sun Sentinel Advertising SubTotal Services: Permit Signage Sanitation Sanitation Sanitation Barricades Security Rentals Graphics for advertising Payroll Rental Property Lodgings and meals, travel One Million Dollar liability ins policy Administrative Overhead Crafter Revenue Food Vendor Revenue Service SubTotal TotalExpenses Expense Expense Expense Expense Palm Beach County Health Expense AA Sign Lines Expense Anderson Rentals Expense BFI Expense Pro Fest Expense Bob's Barricades Expense City Of Delray Beach Expense Pro Fest Expense Expense Expense Helayne Stillings & Staff Expense Delray Joint Venture Expense Expense Expense telephone, mailings,etc Expense $16,500 $1,049.40 $17,549.40 $708.50 $1,551.12 $325.00 $1,544.80 $4,129.42 $26.00 $600.00 $603.50 $746.36 $370.00 $212.00 $1,059.08 $114.70 $75.00 $1,677.80 $2,000.00 ~400.00 $425.00 $1,100.00 $9,308.44 $t 3,437.86 Show Profit $4,111.54 I:ITY D [RI:I¥ BEI:I£H Ali-Amedca City 1993 2001 TO: IEUORA DUI I David T. Harden City Manager DEL. RAY BEACH FLORIDA 33444 FROM: bl~ Robert A. Barcinski Assistant City Manager DATE: April 29, 2003 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MAY 6~ 2003 SPECIAL EVENT APPROVAL - 9TH ANNUAL DELRAY BEACH CRAFT FESTIVAL ACTION City Commission is requested to endorse the 9th Annual Delray Beach Craft Festival to be held on September 20th and 21~t from 10:00 a.m. - 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.6 (H) for the use of NE/SE 4th Avenue, one block north/south of Atlantic Avenue, and the Hand's parking lot for vendor parking and to authorize staff support for police security. BACKGROUND Attached is a request from Howard Alan Events, Ltd. for this event. Part of the proceeds will be shared with the Joint Venture. The City is requested to provide police security for this event. The event sponsor will provide vendor approval, site clean up, port-o-lets, and barricading. Barricades will be left on Friday and set up by the sponsor. No overtime is anticipated for barricading. The estimate for Police overtime is approximately $2,100.00. Last years events cost were $1,850. This is not a new event. The event sponsor has provided a hold harmless agreement, event budget, and site plan. Signage per LDR's Section 4.6.7(D)(3)(j)(i) can be installed one week prior to the event and must be under 20 square feet. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit, and approval of staff support for police security with the sponsor paying all police overtime costs. Contingent on receipt of the certificate of insurance. RAB/tas 561/243-7000 Flletu:sweeney/event th Doc:howardalan9 annual -'", ,:, EF~nRT_ Al WAYs MATTERS April 7, 2003 A/HE~I~,4'5 FINEST Mr. Robert Baminski Assistant City Manager City of Delray 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Barcinski: We are planning for the 9e Annual Delray Craft Festival, to be held September 20 & 21, 2003 On NE th st st and SE 4 Avenue from NE 1 Street to SE 1 Street. Atlantic Avenue and bypasses will remain open. Please be advised that the following logistics for the 9th Annual Delray Craft Festival will be arranged: Street Closure: Bob's Barricades will drop off barricades on Friday, September 19, 2003, and our employees will set them up early Saturday morning. Police: Lynn Parker at the Delray Police Department will arrange for Police and Secudty from 10:00 am - 5:00 pm on Saturday and Sunday, and overnight Saturday from 6:00 pm - 6:00 am. Po~t-O-Lets and Dumpster: 3 regular and I handicap port-o-let have been ordered through Able Sanitation and will be dropped off on Friday, September 19, 2003 and will be picked up on Monday, September 22, 2003 with servicing on Sunday, September 21, 2003. They will be placed next to the ary. roll off dumpster is ordered from BFI and will be dropped off on Friday and picked up on s well. Tresh Receptacles: Trosh receptacles will be aupplied and maintained by our professional clean-up crew, Profest (Mitch). They will handle clean up of the trash throughout the area each day. Vendor Parking: Parking will be at Hand's Parking Lot. (North side next to NE 1st Street) Insurance: City required certificates will be issued. Bob, thanks for all your groat help. If you have any questions, please feel free to call me at (954) 472- 3755. Howard Alan Events, Ltd. 9695 W. BROWARD BLVD. · PLANTATION, FLORIDA 33324 (954) 472-3755 · FAX (954) 472-3891 www.artfcstival.com American Craft Endeavors 9th Annual Downtown Delray Craft Festival September 20 & 21, 2003 PROPOSED BUDGET FOR September 2003 Income Number of Crafters 110 Number of Food Vendors 3 To~lRevenue EXPENSES Advertising: Boca Raton News Palm Beach Post South Florida Newspaper Sun Sentinel Advertising SubTotal Services: Permit Signage Sanitation Sanitation Sanitation Barricades Security Rentals Graphics for advertising Payroll Rental Property Lodgings and meals, travel One Million Dollar liability ins policy Administrative Overhead Crafter Revenue Food Vendor Revenue Service SubTotal To~lExpenses Show Profit Expense Expense Expense Expense Palm Beach County Health Expense AA Sign Lines Expense Anderson Rentals Expense BFI Expense Pro Fest Expense Bob's Barricades Expense City Of Delray Beach Expense Pro Fest Expense Expense Expense Helayne Stillings & Staff Expense Delray Joint Venture Expense Expense Expense telephone, mailings,etc Expense $16,500 $1,049.40 $17,549.40 $708.50 $1,551.12 $325.00 $1,544.80 $4,129.42 $26.00 $600.00 $503.50 $746.36 $370.00 $212.00 $1,059.08 $114.70 $75.00 $1,677.80 $2,0OO.0O $400.00 $426.00 $1,100.00 $9,308.44 $13,437.86 $4,111.54 [ITY gEIt[H pE~LR~?~ B~EA~H~ AII-AmerlcaCity 1993 TO: 2001 FROM: M %tORANDUM David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager DEIF/AY BEADH, FLORIDA 33444 DATE: April 29, 2003 SUBJECT: AGENDA ITEM REGULAR CITY COMMISSION MEETING MAY 6, 2003 SPECIAL EVENT REQUEST - 4TM ANNUAL DELRAY BEACH THANKSGIVING ART FAIR ACTIOAI City Commission is requested to endorse the 4th Annual Delray Beach Thanksgiving Art Fair to be held on November 29th -30th, 2003 from 10:00 a.m. until 5:00 p.m. to grant a temporary use permit per LDR Section 2.3.6(H) for the use of NE 2"a Avenue, from the alley just north of Atlantic to NE 4th Street, and to authorize staff support for traffic control and security. BACKttROUND Attached is a request from Howard Alan Events, Ltd. for this event. Part of the proceeds will be shared with the Joint Venture. The City is requested to provide police traffic control and security for this event. The event sponsor will provide vendor approval, site clean up, port-o-lets, barricading, and nighttime security. Police will be paid at the overtime rate. Staff recommends that barricades be provided and set up by the City. The estimated cost for overtime is $2,600. The budget for this event, a hold harmless agreement and site plan all attached. Signage per LDR's Section 4.6.7(D)(3)(j)(i) can be installed one week prior to the event and must be under 20 square feet. We also have the Christmas Tree Lighting ceremony and entertainment the night of November 29th. 561/243 7000 R~_.COY, M~_~q~TDA'I1ON Staff recommends endorsement of the event, approval of the temporary use permit and approval of staff support for police traffic control and security with the sponsor paying all overtime costs contingent upon receipt of the certificate of insurance. RAB/tas cc: Lt. Geoff Williams File:U:SWEENEY/EVENTS Doc:Howard Alan Thanksgiving 2003 April 7, 2003 AA4ERICA'5 FINF_ZT Mr. Robert Barcinski Assistant City Manager City of Delray 100 NWIst Avenue Deiray Beach, FL 33444 Dear Mr. Barcinski: We are planning for the 4th Annual Downtown Delray Thanksgiving weekend Art Festival, to be held November 29 - 30, 2003 on NE 2"~ Avenue from ~ S~eet to NE 4~h Street in Pineapple Grove. ,~b.~ ~1 lu'~'~"'~~4 J~"-~' ¢ Please be advised that the following logistics for the 4t~ Annual Downtown Delray Thanksgiving Weekend Art Festival will be arranged: Clearance: A 14' clearance for emergency traffic will be provided throughout the entire show area. Street Closure: Bob's Barricades will drop off barricades on Fdday, November 28, 2003, and our employees will set them up early Saturday morning as follows: 12 barricades just past the alley 10 barricades on the corner of NE 2nd Avenue and NE 1st Street 14 barricades on the comer of NE 2"d Avenue and NE 2n~ Street 14 barricades on the corner of NE 2ne Avenue and NE 3rd Street 5 barricades at the crosswalk between NE 3rd Street and NE 4th Street on the west side by Publix Police: The Delray Police Department will arrange for Police and Security from 10:00 am - 5:00 pm on Saturday and Sunday with 2 officers for daytime security, and Accurate Event Services will provide 2 overnight security officers on Saturday from 6:00 pm - 6:00 am. Port-O-Lets and Dumpster: 3 regular and 1 handicap portolets will be ordered through Able Sanitation and will be dropped off on Friday, November 28, 2003 and will be picked up on Monday, December 1, 2003, with servicing on Sunday, November 30, 2003 before 9 am. They will be placed in the parking lot of the deserted Publix. 9695 W. Broward Blvd. A tion F ON, FLORIDA 9695 W. BROW (~3~! J~,.,~.~.~ ~ ~ak_~..2~7~-~)~ 33324 (954) 472wibx7v.~qTFESTl~A~.~o~a954) 472-3891 www.artfestival.com A 20-yard rolloff dumpster is ordered from BFI will be placed in the deserted Publix parking lot. It will be dropped off on Friday and picked up on Monday as well. Trash Receptacles: Trash receptacles will be supplied and maintained by our professional clean-up crew, Profest (Mitch). They will handle clean up of the trash throughout the area each day. Vendor Parking: Parking will be at the vacant Publix parking lot. Insurance: City required certificates will be issued. If you have any questions, please feel free to call me at (954) 472-3755. Howard Alan Events, Ltd. 9695 W. Broward Blvd. Plantation, FL 33324 (954) 472-3755 ~ Fax (954) 472-3891 www. ARTFESTIVAL.com Howard Alan Events 4th Annual Downton Delray Thanksgiving Weekend Art Festival November 29 & 30, 2003 PROPOSED BUDGET FOR November 2003 INCOME: Ai~;s~ Revenue $64,125 Food Vendor Revenue $3,900 Total Revenue $68,025 EXPENSES: Adver~isin~l: Boca Raton News Expense $708.50 Palm Beach Post Expense $2,543.57 South Florida Newspaper Expense $7t5.00 Sun Sentinel Expense $8,274.90 WPEC CHANNEL 12 Expense $7,500.00 Sun Sentinel Charities Ad Pro<dram Expense $2,500.00 Advertising] SubTotal $22,241.97 Services: Permit Palm Beach County Health Expense $25.00 Signage AA Sign Lines Expense $942.72 Sanitation Waste Management-portolets Expense $671.00 Sanitation - 2 30 yd dumpsters Waste Management- dumpster Expense $950.00 Sanitalion Pro Fest Expense $2,100.00 Barricades Bob's Barricades Expense $515.00 City of Delray, OFF barricade set up City Of Delray Beach Expense $325.00 Securil~ City Of Delray Beach Expense $3,983.00 Rentals Pro Fest Expense $1,400.00 Graphics for advertising Expense Expense $125.00 Payroll Staff Expense $1,200.00 Rental Property Delray Joint Venture Expense $15,000.00 Lodgings and meals, travel Expense $650.00 Media Related Expenses Expense $1,208.00 Two Million Dollar liability ins policy Expense $425.00 Administrative Overhead telephone, mailings,etc Expense $1,100.00 Entertainment $3,000.00 Misc. expense $900.00 Service SubTotal $34,5t 9.72 Total Expenses $56,761.69 Show Profit $11,263.31 TO: FROM: SUBJECT: DATE: ADMINISTRATIVE SERVICES MEMORANDUM David T. Harden, City Manager ~Robert A. Barcinski, Assistant City Manager AGENDA ITEM - CITY COMMISSION MEETING MAY 6. 2003 -_SPECIAL EVENT REOUEST - HAITIAN FLAG DAY April 29, 2003 Action City Commission is requested to endorse the 4th Haitian Flag Day Celebration sponsored by Our Lady of Perpetual Help Catholic Church Youth Group on May 18, 2003 from 4:00 p.m. until 8:00 p.m. Commission is requested to grant a temporary use permit per LDR's section 2.4.6(H) for use of Merritt Park, to authorize use and set up of City stage, authorize staff support for security, trash removal and to consider waiving overtime costs. The Youth Group of Our Lady of Perpetual Help Catholic Church is planning a celebration for Haiti's Flag Day on May 18th. Presentations, poems, entertainment and food booths will be staged in the park. The park would be used from approximately 2:00 p.m. until 8:30 p.m. The estimated overtime cost for the event is $1,200. Last years costs were approximately $800. The stage can be set up and removed on regular time. This is not a new event. Attached is an event budget and other information relating to the event. The event sponsor is requesting use of the small City stage as well as garbage containers and use of the restrooms and electricity. The event sponsor is requesting waiver of overtime. Recommendation Staff recommends approval of the event, the temporary use permit, providing staff assistance for security, small stage set up and removal, and trash removal, and consideration of waiving 50% of overtime costs. Approval would be contingent on the sponsor providing a hold harmless agreement and certificate of insurance. RAB/tas File:u:sweeney/events Doc:Memo to DTH re Haitian Flag Day 2003 Aprli 7, 2003 Dear Sir or Madam: For the past seven years I have worked as a volunteer at the Delray Beach Pohce Department. I currendy also work with the Haitian Community as a full-me volunteer, in the Youth Group at our Lady Perpetual Help Catholic Church. We would appreciate your support to make a difference ia our Haitian Flag Day Celebration. The Haitian Community would be very grateful if you would gladly provide us with any assistance with the following items will be sincerely cherished: · The City Stage · Electricity · Six uniformed Police Officers (Delray Beach P.D.) · Cardboard garbage containers with the plastic bag inserts · Access to the electxidty ia the building hoUSing · Access to the rest rooms .... ' can take our flag day as a moment to Also this year we would like to lorn hands v~th the commumty, so that we salute our hero soldiers, who are at war now in Iraq. We would also like to extend an invitation to you all (City Commissioner, and the Mayor). It would be gladly treas.ur.~.d if you guys may perhaps share a word or two with the Haitian Community. This year we are expecting neaflyCeTgh_.0 thousand dtizens to be in attendance. Last year you gave us a charitable amount of support and the event was a success. This year we look forward to making it even better. Tha~ you dearly, Wdne~ao~ste and Claire Marseille If you need any further information please feel free to contact either: April 02, 2003 Dear Sir or Madam: The Haitian C.O.P Volunteers and I work with a group of young Haitian Adults who have potentials and the desire to do something positive in the Haitian community. I am sending this later as a way asking you to sponsor a group to help prepare our "Haitian Flag Day," which is on May 18. Please, I am asking you to help us in anyway possible. Help us make a difference in the lives of our children's. For more information I can b~ reached at (561) 502-3449, Monday - Friday between the hours of 9 A.M. to 5 P.M. May the great Lord bless your heart on this special day! P.S. all the donations can be forward to: Our Lady of Perpetual Help Church / Haitian God Seekers / Attn: Fern 510 S.W. 8* Avenue COME ONE COME ALL "THE HAITIAN COME BE PART OF THIS WILL BE HELD ON SUNDAY THE THE EVENT WILL CHURCH (510 CATHOLIC P.S. THERE JWEN-N G YOUR MONEY FERN (561-276-4880) ATHOURISTE (561-502-3449) HAITIAN GOD SEEKERS OF OUR LADY OF pERPETUAL HELP CHURCH IN ORDER OF CELEBRATING OUR FLAG DAY WHICH WILL BE ON MAY 18, 2003, THE NEEDS FOR THE FOLLOWING ITEMS ARE REQUIRED: THE STAGE AND F.T,I~,CTRIC1TY WE WILL HAVE TWO BOOTHS CONSISTING OF THE FOLLOWING FOOD ITEMS: · wATER · SODA · HOT DOG · HAITIAN GRtOT THE PARK CELEBRATING wILL START AT APPROXIMATELY 4:30 IN THE AFTERNOON AND WILL INCLUDE: A PARADE FROM OUR LADY OF PERPETUAL HELP CHURCH LOCATED ON 510 S.W. 8a~a AVE, TO S.W. 4TM ST. ( MERRITf PARK). AT THE PARK WE HAVE AVARIETIES OF SHOWS FROM THE HAITIAN CULTURE. OUR PROGKAM SHOULD COME TO CONCLUSION AROUND 7:30 P.M. · FOLLOWING THAT OUR CLEAN-UP CREW WILL START WORKING ON CLEANING UP THE PARK. FOR MORE INFORMATION PI J~.ASE CONTACT THE FOLLWING: WILNER ATHOURISTE (5.63-qo~-344~ CLAIRE MARSETT J.E (561-276-4880) HAITIAN FLAG DAY CELEBRATION EXPENSE REPORT MAY 18, 2003 SPONSOR of THE EVENT: God Seekers of "Our Lady of Perpetual Help Catholic Church" 510 S.W. 8TM AVE. DELRAY BEACH FL. 33444 PH: (561)276-4880 FAX :(561)276-7036 (Ms. Claire M. Secret. ) OTHERCONTACT: FemNEOSSAINT cell Ph: ( 561)702-9815 Wisny Senatus cell Ph: (561)929-0271 Wilner ATHOURISTE cell Ph.( 561)502-3449 UNIFORMS for ADULTS AND CHILDREN: 100 T-SHIRTS CUSTOM MADE $4200.00 DANCING GIRLS: 20 GIRLS ~ $75.00 EACH $1500.00 MARCHING BAND: 20 BAND MEMBERS $600.00 FOOD: etc. $1500.00 FOOD / SOFT DRINKS / WATER / ICE / PAPER PLATES / PLASTIC SILVER WARE SOUND SYSTEM: · AMPLIFIERS / PUBLIC ADDRESS sYSTEM / MUSIC $600.00 DECORATIONS: BLUE & RED CREPE PAPER / HAITIAN FLAGS / COLORED POSTER $600.00 FLAGS: · FLAGS EXPENSE TO CARRY IN THE PARADE $900.00 INSURANCE: $1,000,000.00 ONE TIME INSURANCE PURCHASED BY THE CHURCH THE CITY of DELRAY AS A BENEFICIARY TOTLAMOUNT: $600.00 $10,500.00 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM #'~x{,3~ ~,~. _ REGULAR MF-F, TING OF MAY 6. 2003 REPORT OF APP~LE LAND DEVELOPMENT BOARD ACTIONS DATE: MAY 2, 2003 Attached is the Report of Appealable Land Use Items for the period April 14, 2003 through May 2, 2003. 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\chevelle folder\agenda memos\apagmem.5.6.03 TO: THRU: FROM: SUBJECT: DAVID/7~HARDEN, CITY MANAGER PAUL DORLING,. DIR, E~TOR OF PLANNING AND ZONING JASMIN ALLEN, PLANNER MEETING OF MAY 6, 2003 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS APRIL 14, 2003 THRU MAY 2, 2003 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of April 14, 2003 through May 2, 2003. 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. A. Approved (6 to 0, Diane Borchardt absent), a master plan modification associated with an internal adjustment to allow a reduction in the side interior setback for a single family residence located within the Rainberry Bay Subdivision at 933 NW 26th Avenue, No other appealable items were considered by the Planning and Zoning Board. The following items will be forwarded to the City Commission for action: Recommended approval (6 to 0), of a City initiated amendment to the Land Development Regulation Section 4.4.13(G)(1)(e)" Supplemental District Regulation" within the Central Business District and Section 4.6.9 "Off-Street Parking City Commission Documentation Appealable Items Meeting of May 6, 2003 Page 2 Regulations "to provide regulations for the location and accessibility of guest parking spaces". Recommended approval (6 to 0), of a City initiated amendment to the Land Development Regulations Section 4.5.1(M) "Tax Exemption for Historic Properties" to provide clarification to the Tax Abatement Process and Applicability and to be consistent with the Florida Administrative Code. Recommended approval (6 to 0), of a combined preliminary/final plat (replat) for Delray Sebastian (fka San Sebastian), a proposed 32 unit townhouse development, located at the southeast and southwest corners of NE 5th Avenue (southbound Federal Highway) and NE 3rd Street. 1. Approved (4 to 0, Gary Eliopoulos stepped down, Dan Carter and Mayer Abbo absent), a request for a color change for Snappy Turtle - "Love Shack", located on the north side of East Atlantic Avenue, east of SE 1st Avenue (137 East Atlantic Avenue). 2. Approved (5 to 0), a request for a color change for Firestone, located on the south side of West Atlantic Avenue, west of Military Trail (5190 West Atlantic Avenue). 3. Approved (5 to 0), a Class I site plan modification associated with the replacement of awnings on an existing commercial building for 640 East Atlantic Avenue, which is located on the south side of East Atlantic Avenue, east of SE 6th Avenue (northbound Federal Highway). 4. Tabled (5 to 0), a Class V site plan, landscape plan and architectural elevations associated with the construction of 20 fee simple townhomes for Porta Al Mare, located on the west side of NE 6th Avenue (northbound Federal Highway), south of NE 2nd Street (124-160 NE 6th Avenue). The request was tabled as the Board had several concerns with the design and layout of the project. X. Approved (6 to 0, Gall Lee-McDermott absent), a Class V site plan, landscape plan, architectural elevation plan and a Certificate of Appropriateness associated with the conversion of a single family residence to office for Kemish Office Building, located on the east side of North Swinton Avenue, north of NE 1st Street (131 North Swinton Avenue). Concurrently, the Board granted the following waiver/internal adjustments: - Reduced the landscape strip along the north property line from the required 5' to 2'6". - Reduced the length of the landscape strip adjacent to the rear entrance by 3 feet. City Commission Documentation Appealable Items Meeting of May 6, 2003 Page 3 Y. Denied (5 to 1, Rhonda Sexton dissenting), a Certificate of Appropriateness associated with the installation of a free-standing sign for S & R Beauty Supplies, located at the northeast corner of NW 5th Avenue and NW 1st Street (103 NVV 5th Avenue). Z. Approved (6 to 0), a Certificate of Appropriateness to allow the demolition of "The Parsonage" a contributing building located on the west side of NW 4~h Avenue, north of West Atlantic Avenue (36 NW 4th Avenue). No other appealable items were considered by the Historic Preservation Board. However, the following actions were taken by the Board. Approved (6 to 0), the elimination of the suggested Historic Preservation Board exterior building color chart. The color chart was established to facilitate those applicants who were uncertain about appropriate colors. Elimination of the color chart was recommended as most contemporary colors were noted to be appropriate for administrative approval and if there were controversial color schemes they would be scheduled for Board action. · Recommended approval (6 to 0), of the LDR text amendment to Section 4.5.1(M) Tax Abatements and Historic Properties. By motion, receive and file this report. Attachment: Location Map. f CITY OF DELRAY BEACH, FLORIDA - Cit', Commission Meeting - May 6, 2003 II P.&Z.: A, g33 N. t4L 26TH A VENUE (RAINBERRY BAY SUBDIVISION) .S.P.R.A.B.: 1. SNAPPY TURTLE - "LOVE SHACK" 2. FIRESTONE 3. 640 EAST A TLANTIC AVENUE 4. PORTA AL MARE L-38 CAi~AL MP.B.: X. KEMISH OFFICE BUILDING Y. S&R BEAUTY' SUPPLY Z. THE PARSONAGE MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMIVBSSIONERS CITY MANAGER ~ AGENDA ITEM # o\-v~)REGULAR MEETING OF MAY 6. AND CONTRACTS MAY 2, 2003 2003 AWARD OF BIDS This is 1. 10. before the City Commission to approve the award of the following bids: Annual custodial maintenance service contract in the amount of $95,424.00 to O.T. Services of West Palm Beach. Funding is available from various departmental operating budgets. Bid award to Tanner Industries at an estimated annual cost of $18,550.00 via the City of Boynton Beach Co-op Bid #041-2821-03/CJD for the purchase of anhydrous ammonia. Funding is available from 441- 5122-536-52.21 (Water/Sewer Fund/Chemicals). Bid award to Aflantic Refrigeration at an estimated annual cost of $27,040.00 for air conditioning services and repairs for City buildings. Funding is available from various departmental operating budgets. Bid award to Deerfield Linen Service at an estimated annual cost of $19,016.00 for linen rental service for the Delray Beach Municipal Golf Course. Funding is available from 445-4715-572-52.22 (Delray Beach Municipal Golf Course Fund/Uniforms/Linen Service). Contract award to Conquest Engineering Group Company in the amount of $162,252.87 for drainage and roadway improvements along S.E. 70' Avenue from S.E. 1s~ Street to East Atlantic Avenue. Funding is available from 448-5461-538-65.53 and 334-3162-541-65.18 (S.E. 7th Avenue). Contract award to Chaz Equipment Company, Inc. in the amount of $381,695.50 for water main improvements on Rye Lane, Enfield Terrace, Lake Terrace and raw water supply common header pipe at the water treatment plant. Funding is available from 442-5178-536-65.63 (Rye Lane, Lake Terrace, Enfield Terrace) and 442-5178-536-65.82 (Raw Water Supply Manifold Pipe). Contract award to Intercounty Engineering, Inc. in the amount of $271,364.00 for the installation of a reclaimed water main on the Municipal Golf Course property. Funding is available from 441-5181-536- 63.95 (Northwest Reuse Water System - South Central Regional Wastewater). Purchase award to Evans Consoles, Inc. in the amount of $35,306.00 for the purchase of a new operations console and related furnishings for the Water Treatment Plant Control Room Upgrade Project. Funding is available from 442-5178-536-64.90 (Other Machinery/Equipment). Bid award to Man Con, Inc. in the amount of $592,948.10 for the rehabilitation of Lift Station #6 and a new force main to serve Lift Station #6. Funding is available from 442-5178-536-63.50 (Water Mains) and 442-5178-536-65.75 (Lift Station #6, Force Main Upgrade). Various bid awards in the amount of $128,967.00 via the Florida Sheriffs' Assodatiun and Florida Association of Counties Bid Specification #1 for the purchase of four (4) take home vehicles and one (1) motorcycle for the Police Department. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). Recommend approval of the above bids and purchases. &\CAty C~rk\chevelle folder\agenda memo\Bid Memo.5.6.03 PUBLIC WORKS MEMORANDUM To: David T. Harden, City Manager From: Richard C. Olson, Interim Director of Public Works Date: April 15, 2003 Subject CITY COMMISSION MEETING MAY 6~ 2003 RFP#2003-22 CUSTODIAL MAINTENANCE SERVICE ANNUAL CONTRACT Action City Commission is requested to award the annual custodial maintenance service contract to O.T. Services for cleaning of various buildings located within the City of Delray Beach. Total annual contract $95,424.00. Background Request for proposals were received from eighteen (18) vendors under RFP Specification 2003-22 on March 28, 2003. A review of the RFP's by City staff determined that ten (10) vendors failed to provide the City with the required information as called for in the RFP. Four (4) bidders were excluded because their costs were determined to be excessive. These vendors were determined to be non-responsive. The bid tab sheet has been attached. City staff interviewed the four (4) lowest bidders on April 8th and 9th. After the interviews the committee ranked the vendors as follows: O.T. Services, Am-Ko, One Source, and CSI. The committee would like to recommend acceptance of the proposal from O.T. Services in the amount of $95,424.00. Please see attached memorandum dated April 14, 2003. Recommendation Staff recommends award of annual custodial maintenance service contract to O.T. Services of West Palm Beach a total annual contract of $95,424.00. Funding is available from various departmental operating budgets. Attachments (2) C: James Schmitz File:u:fischer/agendal custodial coniract.doc PUBLIC WORKS MEMORANDUM To: David T. Harden, City Manager From: Richard C. Oison, Interim Director Public Works Date: April 14, 2003 Re'- Janitorial Services Proposals 2003-22 On March 6, 2003 the City advertised for proposals for janitorial services. The City's existing contract was awarded on June 15, 1999 to Golden Mark, which has subsequently become One Source. The value of the contract in 1999 was $81,510.00. On March 18, 2003 a pre-bid meeting was held where each prospective vendor received a tour of all buildings that were covered under the proposal. Proposals · n were opened on March 28, 2003. A total of elghtee (18) proposals were received. See attached bid tab sheet. A committee consisting of Jackie Rooney, Lisa Hartmann, Jim Schmitz, and I reviewed the proposals on April 3, 2003 and compared their submission against the criteria which was incorporated into the proposal package. The criteria consisted of four (4) areas which were weighed equally. Criteria 2. 3. 4. Experience, qualifications, and past performance. Understanding the City's needs. Cost. Information and references submitted by contractors. Upon reviewing the proposals the following vendors proposals were deemed non- responsive based on incomplete documentation specified in the R.F.P. Class Act Cleaning Service Marantha Cleaning Service Ninety Five South, Inc. Al's Cleaning Service Magic Clean, Inc. Dossmann, Inc. Cleaning Services Prestige Janitorial Cleaning Max Cleaning Service Napoleon Janitorial Services Academy Janitorial Group, Inc. The committee proceeded to interview the Iow four (4) vendors. Subsequently, based on pricing the vendors are as follows: Cleaning Systems Inc. O.T. Services Inc. One Source Am-Ko Building Maintenance, Inc. Prior to the interviews City staff contacted references that were included in each of their proposals and made unannounced visits to the sites that were included in their packages. As Am-Ko did not have a local site to visit, additional reference checks were done. A standard set of questions were asked of each of the above company representatives. Results of the ranking is as listed: 1. O.T. Services 2. Am Ko 3. One Source 4. CSI O.T. Services bid of $95,424.00 is $12,468.00 more than what the City is presently paying. However, their price is comparable to the amount the City paid prior to the award in 1999 to One Source. O.T. Services reference checks were superior to that of the other companies. Their turn over rate of employees was minimal and their work force is stable. This total does not include carpet cleaning. A separate unit price was submitted for cleaning of carpets each occurrence. R.F.P. specifications requested two per year. All City Departments have been critical of the service that the present janitorial company has been providing. Though there will be a negative budget impact due to the additional cost, I believe each City Department would be willing to pay the higher cost for better services. If you concur I will prepare the agenda memo and place it on the May 6th Commission Meeting. Furthermore, I will provide each department with cost breakdown for budget preparation. RCO:jaf File/u/fischer/buildingmaintenance~j anitorial.doc 2 CITY OF DELRAY BEACH JANITORIAL SVCS. DEPARTMENT BREAKDOWN LOCATION/ ACCOUNT CODE CITY HALL 001-1802-512-34.10 CITY ATTORNEY OFFICE 001-1611-514-34.10 WAREHOUSE BEHIND CITY ATTORNEY 001-1411-512-34.10 ENVIRONMENTAL SERVICES: 441-5111-536-34.10 001-3141-541-34.10 001-3113-541-34.10 501-3311-591-34.10 CURRENT NEW PRICE PRICE CARPET CLEANING* $2,050.00 $2,260.00 $2,400.00 $ 335.00 $ 377.00 $ 95.00 $ 75.00 $ 444.00 $ 0.0 $ 843.00 $1,050.00 $ 450.00 ($550.40) ($682.50) TRAFFIC ($56.525) ($73.50) STREETS ($56.525) ($73.50) FLEET ($179.55) ($220.50) FIRE HEADQUARTERS 001-2311-522-34.10 WATER TREATMENT PLANT 441-5122-536-34.10 $ 525.00 $ 600.00 $ 750.00 $1,995.00 $2,490.00 $2,550.00 $ 142.50 $ 150.00 $ 142.50 $ 140.00 POLICE SUBSTATION 2 S. OCEAN BLVD. 001-2111-521-34.10 POLICE SUBSTATION 14 Sw12THAVE. 001-2111-521-34.10 POLICE HEADQUARTERS 001-2111-521-34.10 $ 275.00 $ 250.00 $ 60.00 POLICE SUBSTATION DELRAY MALL 001-2111-521-34.10 POLICE SUSTATION DELRAY ESTATES 001-2111-521-34.10 BEACH HDQTRS. 001-4123-572-34.10 $ 142.50 $ 130.00 $ 142.50 $ 150.00 $ 225.00 $ 280.00 · CARPET CLEANING PER EACH OCCURANCE · BID SPECIFICATIONS REQUESTED TWICE A YEAR · THIS IS OPTIONAL o ~ ,,-I, .-,o og Date: AGENDA ITEM NUMBER: Request to be placed on: X Consent Agenda When: Hay 6, 2003 _AGENDA REQUEST __ Regular Agenda __ Workshop Agenda __ Special Agenda Description of agenda ~em (who, what, where, how much): Annual Custodial Maintenance Service Contract in the amount of $95,424.00. Recommend award of contract to O.T. Services. Funding from various departments operating budgets. Signature: [ ~,..~- t_~,x_..-~ - City Attorney Review/Recommendation (if applicable): Budget Director Review (required on ali items involving expenditure of funds): Funding Available: ~ No Imtials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: for Agenda: ~/ No Initials: Approved Hold Until: Agenda Coordinator Review: Received: (if applicable) MEMORANDUM TO: FROM: THROUGH: DATE: David T. Harden, City Manager Jacklyn Rooney, Purchasing Manager Joseph Saffor~ce Director April 25, 2003 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MAY 06, 2003 - BID AWARD BID//041-2821-03/CJD - CITY OF BOYNTON BEACH CO-OP BID FOR ANHYDROUS AMMONIA Item Before Commission: The City Commission is requested to approve award to Tanner Industries for the purchase of Anhydrous Ammonia for the Water Treatment Plant at an estimated annual cost of $18,550 via the City of Boynton Beach Co-op Bid//041-2821-03/CJD. Background: The City of Boynton Beach is the lead agency for this Palm Beach County Co-operative bid. Bids were received from two (2) vendors on March 19, 2003. The City of Boynton Beach awarded this Co-op Bid to Tanner Industries at their Commission meeting of April 15, 2003. See attached award letter to Tanner Industries dated April 15, 2003. The Manager of the Water Treatment Plant recommends the award to Tanner Industries at an estimated annual cost of $18,550 for the City of Delray Beach per attached memo dated April 24, 2003. Recommendation: Purchasing staff recommends award to Tanner Industries for the purchase of Anhydrous Ammonia at an estimated annual cost of $18,550 via the City of Boynton Beach Co-op Bid//041- 2821-03/CJD. Funding fi.om account code 441-5122-536-52.21. Attachments: Award Letter to Tanner fi.om City of Boynton Beach Memo to Manager Water Treatment Plant Rpr 24 03 02:53p City o~ Delra~ Beach 561 243 7316 P. ! TO: FROM: THROUGI' SUBJECT: DATE: The City of and deliver The City of received per The City of E Commission $.224 lb. fror If you appro~ the Commis,~ usage [or th~ per lb. = $18, If you have ar Approval: Ilard Manager Wat, Attachment Cc: Dan Beat PURCHASING DIVIIION John Bullard, Manager Water Treatn~ent Plant Jackie Rooney, Purchasing Manage Joseph Saffo~ance Director Co-op Bid -Anhydrous Ammonia B April 24, 2003 ~K)41-2821-031CJD Ioynton Beech is the lead entity for tht Co-op Bid for the pu ~f Anhydrous Ammonia. ~ aOYtt~tcO/ledB teaal~uhl~tiPce~e~l~i~ on March 119, 2003. Two bids oynton Beach awarded the bid to Tar m.eeting of April 15, 2003 at $.265 pe~ the last bid award. ~ of this award to Tanner. please sign on Agenda for the meeting of May City of Delray Beach would be $18,5~ ~50). questions, please contact me at ex :r Treatment Plant Date Deputy Director of Public Utilities her Industries Ino, al lb. This is an increa., below and I will proc~ ,2003. The estimated i0 (70,000 pounds at; 7163. Thanks. ;hase ire ~eir City from d with annual ;,265 0 zz ,L zz~. 00~ AGENDAREQUEST Request to be placed on: May 06, 2003 Date: April 25, 2003 XX Consent Agenda Special Agenda __ Workshop Agenda Description of agenda item: Approval for bid award to Tanner Industries for the purchase of Anhydrous Ammonia at an estimated annual cost of $18,550 via the City of Boynton Beach Co-op Bid #041-2821-03/CJD. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Approve award to Tanner Industries for the purchase of Anhydrous Ammonia at an estimated annual cost of $18,550 via the City of Boynton Beach Co-op Bid flO41-2821-03/CJD. Funding from account code 441-5122-536-52.21. Department Head Signature:~ o~'~~ Determination of Consistency wEh Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~_/~7'~ No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~ Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Jacklyn Rooney, Purchasing Manager~ Joseph Sa~ance Director April 24, 2OO3 DOCUMENTATION - CITY COMMISSION MEETING MAY 06, 2003 - BID AWARD - BID #2003-24 AIR CONDITIONING SERVICES AND REPAIRS ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve bid award to Atlantic Refrigeration for the annual contract for air conditioning services and repairs for various City buildings at an estimated annual cost of $27,040. Background: Bids were received on April 06, 2003, from seven (7) contractors all in accordance with Purchasing Policies and Procedures. (Bid #2003-24 on file in the Purchasing Office). A tabulation of bids is attached for your review. The Deputy Director of Public Works recommends award to second low bidder, Atlantic Refrigeration. The low bidder, Global Air and Heating Services, does not have an office located in an area near the City of Delray Beach at this time. Their office is located in Deland, Florida, and they would not be able to respond to emergency call-out service as specified in bid specifications. See attached memo dated April 24, 2003 from Interim Director of Public Works. Recommendation: Staff recommends award to Atlantic Refrigeration for the annual contract for air conditioning services and repairs at an estimated annual cost of $27,040. Funding fi.om various departments operating budget. Attachments: Tabulation of Bids Memo from Interim Director Public Works PUBLIC WORKS MEMORANDUM To.' Jackie Rooney, Purchasing Supervisor From: Richard C. Olson, Interim Director Public Works C: James Schmitz, Building Maintenance Superintendent Date: April 24, 2003 Re: Air Conditioning Service and Repair Bid # 2003-24 On April 9, 2003 City Staff opened bids for the City's Annual Contract for Air Conditioning Services and Repair, Bid # 2003-24. Seven (7) bids were received with Global Air and Heating Services submitting the lowest bid at $26,740.00. The second lowest bidder was Atlantic Refrigeration at $27,040.00. Atlantic Refrigeration is the City's existing provider. Global Air and Heating Services is based out of Deland, Florida and at the present time they do not have an office in South Florida. In an effort to clarify several service related concerns along with a number of irregularities in their bid form I tried to contact Global Air and Heating Services on several different occasions. Over the period of a week five (5) calls were made to Global's Deland office. However, a represent from Global failed to return my calls. Finally, after more than a week of trying I did have the opportunity to talk to the president of Global, who informed me that Global was considering opening an office in Fort Lauderdale. They do not have au office in our area at this time. Pursuant to the bid specifications the company must be able to respond to an emergency call-out within two (2) hours. Because of Globals location in Deland this is not possible. For this reason I am recommending that Global be deemed non- responsive. I would like to recommend that thc air conditioner service and repair bid be awarded to Atlantic Refrigeration at a contract price of $27,040.00. Atlantic Refrigeration has been one of the City's air conditioner providers for the last six (6) years. They understand the City's air conditioning needs and have demonstrated the ability to work with City Staff on various issues. RCO:jaf File/u/fischer/bulldingmaintenance/acbid. doc Request to be placed on: May 06, 2003 Date: April 24, 2003 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: Approve award of Bid #2003-24 to second Iow bidder, Atlantic Refrigeration for annual contract for air conditioning services and repairs for City buildings at an estimated annual cost of $27,040. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve the award to Atlantic Refrigeration for annual contract for air conditioning services and repairs at an estimated annual cost of $27,040. Funding from various departments operating budget. Department Head Signat:ur~e.~~~'A--~'r~ ~"~- m rehenslve k Determination of Consistency With Co p ' Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all i~,e~l~s i.nvolving expenditure of funds): Funding available: Yes i,.,/~''~ t~No Funding alternatives: Account Number: Account Description: (if applicable) Account Balance: City Manager Review: Approved for agenda: Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: David Harden, City Manager Jacklyn Rooney, Purchasing Manage~ Joseph Saffor~ce Director THROUGH:~obert Barcinski, Assistant City Manager DATE: April 28, 2003 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING MAY 06, 2003 - BID AWARD - BID #2003-26 LINEN RENTAL SERVICE FOR THE DELRAY BEACH MUNICIPAL GOLF COURSE RESTAURANT Item Before Commission: City Commission is requested to approve the bid award to Deerfield Linen Service for linen rental service for the Delray Beach Municipal Golf Course Restaurant at an estimated annual cost of $19,016. Background: The Delray Beach Municipal Golf Course Restaurant is in need of an annual contract for linen rental service for table linen, napkins, bar towels, floor mats, and special table skirting. Bids were received on Friday, April 04, 2003 from three (3) contractors all in accordance with City purchasing procedures. (Bids #2003-26. Documentation on file in the purchasing Office.) A tabulation of bids is attached for your review. The Delray Beach Golf Course is recommending award to the low bidder, Deerfield Linen Service. See attached memo dated April 23, 2003 and pricing attachment with breakdown based on annual usage approved by the General Manager of the Delray Beach Municipal Golf Course. Recommendation: Staff recommends award to Deerfield Linen Service for linen rental service for the Delray Beach Golf Course Restaurant at an estimated annual cost of $19,016. Funding from account code #445 -4715~572-52.22. Attachments: Tabulation of Bids Memo from Golf Course CITY OF DELRAy BEACH BID #2003-26 LINEN RENTAL FOR DELRAY BEACH MUNICIPAL GOLF COURSE RESTAURANT TABULATION OF BIDS April 4, 2003 Palace Laundry All Pro D/B/A QUANTITY Inc. TIA Unens Deerfleld Logical PER of the Week Unen Service Laundry DESCRIPTION DELIVERY sen, Ices 1. Standard Bar Towels 300 $ 0.18 ea. $ 0.17 ea. $ 0.12 ea. 2, BIb Kltchen Apron 75 $ 0.32 ea. $ 0.33 ea. $ 0.30 ea. 3. 54" x 54" Tablecloth 250 $ 0.55 ea. $ 0.52 ea. $ 0.50 ea. 4. 54' x115" Tablecloth 250 $ 1.20 ea. $ 1.30 ea. $ 1,25 ea. 5. 90" x 90" Tablecloth 250 $ '1.25 ea, $ 1.37 ea.i $ 1.25 ea. 6. 85" x 85" Tablecloth 250 $ 1.25 ea. $ 1.37 ea. $ 1.25 ea. 7. 120" Round Tablecloth 25 $ 2.00 ea. $ 5.50 ea. $ 5.35 ea. 8. 71" X 71" Tablecloth 150 $ 0.70 ea. $ 0.70 ea. $ 1.15 ea. 9. Napkins-Standard 1~500 $0.085 ea. $ 0,075 ea. $ 0.08 ea. QUANTITY PER MONTH ~10. Floor Mats 6 $ 4.00 ea. $ 4.00 ea. $ 5.75 ea. LAUNDRY SERVICE FOR LINEN OWNED BY GOLF COURSE QUANTITY PER WEEK 11. TableSklrtin~l 10 $ 1.00 ,ea. $ 6.00 ea. $ 15.00 12. Speclal Table LInen 10 $ 1.00 ea. $ 1.25 ea~ $ 5.00 ea. Pete 1of2 CITY OF DELRAY BEACH BID #2003-26 LINEN REHTAL FOR DELRAY BEACH MUNICIPAL GOLF COURSE RESTAURANT TABULATION OF BIDS April 4, 2003 STATE ADDITIONAL CHARGES~ IF APPLICABLE: 1. Additional charges for other than white colors for special requests. 2. Additional charges for environmental charge. 3. Additional charges for loss or damage. 4. Additional dellve~ cha~es. 5. Time frame needed for advance ordering of special coloring for napIdns~ tablecloths: 6. Additonal Fuel Charge? none none 1% on napkins & bar mops none $3.25 per delNer~ $2.50 none 48 hrs. 2 days no no none none $5.00 5-10 days no DEVIATIONS FROM SPECIFI ,CATIONS~ IF APPLICABLE: none ** actual ** table cloth replacment 54 x 54 cost less $6.44 ea. 40% 54x 115 depreciation $15.40 ea. 90x90 $18.76 85 x 85 $18.76 Bar Towel $.3~ Apron $2.75 Napkins $.96 Laundry · Bag $5 ea Floor mat 3x10 i $68.50 ea. Page 2 of 2 AP'H-~b-L~O3U-HI) 1~: 11 JOB SPORIS 6ROLIP (FAX)561 265 2752 P. 002/~35 Goff & Tonn~ Management, Development& Consuh'at~n MEMORANDUM TO: Jackie Rooney FROM: Brahm Dubin ~-~-' CC: Bob Barcinski, DATE: RE: Tony Di Bcnedctto Apd123,2003 'Linen RFP and Response to Linens of the Week Letter Enclosed please find a cost analysis of our annual linen needs at Delray Beach Golf Club. Please note that Deerfield Beach Linen is the least expensive. We are hereby recommending that we accept the bid of Doerlleld Beach Linen. In addition, please find a response written by our Club Manager, Mr. Tony Di Bencdetto, ' in regard to the letter dated April 14, 2003 from Linens of the Week Please let us know which linen company we will be using and the effective start date. Thank you for your cooperation_ 4rz3tiB 1300 Park of Commerce - Suite 272 - Delray Beach, FL 33445 - (561) 265-0255 - Fax (561) 265-2752 11:54 FROM: JGU ~YUMI~ ~NUU~ T0:561 2~ ~5~ p.1~1t%~004 To: Brahm Dnbin CC: B~-~h Mull=n, Danny Conlon From: Tony Di B~cdctm Date: 4/23/2003 Re'. Linen Bids The linen bids have all b~en returned to me and have boca tabulated to g~t a cost loc '/he total year. ~My rccommcndafion is that thc DBGC usc flic s~v/c~ of Dc~-~ficld B~ach Lin~, Not .only ar~ they thc least expensive, but thoir qtualit~ Of linen and service m-= excellent. We are carrently using Linens of the Wezk, ~nd thc quality of this linen no~:acceptable for a club of our standards. AGENDA REQUEST Request to be placed on: May 06, 2003 Date: April 28, 2003 . XX Consent Agenda Special Agenda __Workshop Agenda Description of agenda item: Award contract to Deerfield Linen Service for linen rental service for the Delray Beach Municipal Golf Course at an estimated annual cost of $19,016. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to Deerfield Linen Service for linen rental service for the Delray Beach Municipal Golf Course at an estimated annual cost of $19,016. Funding from account code 445-4715-572-52.22 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: Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Randal L. Krejcarek, P.E., City Engineer 28 Apr 2003 SE 7th Av Drainage Improvements Project # 2003-033 Contract Award Commission Agenda Item This agenda item is for Commission approval/authorization for Mayor to execute Contract with Conquest Engineering Group, Company. This Contract is for drainage and roadway th st improvements along SE 7 Avenue from SE 1 Street to East Atlantic Avenue. Total cost for this Contract is $162,252.87. Funding is provided as follows: Account # 448-5461-538-65.53 334-3162-541-65.18 Total Description Contract Amount Account Balance SE 7th Ave $ 59,064.87 $ 59,435.80 SE 7th Ave $103,188.00 $103,188.00 $'162,252.87 The attached map shows the project locations and the complete bid tabulation for this project. Please place this item on the 06 May 2003 Commission Agenda. Thanks. enc cc: Richard Hasko, P.E, Director of Env. Svcs. Joseph Safford, Finance Director file S:~EngAdmin~Projects~2003t2003-O33~OFFICIAL~OO3rnay06 agendamemo, doc NE. 1ST CT. ATLANTIC 1ST AVENUE 2ND ST. ,3RD ST. 4TH ST, ENWlO~MENTAL 8EFC/~"E8 D~PARI'MENT SE 7TH AVE 1ST ST AND ATLANTIC AVE 2003-033 oo 0 Date: 28 Apr 2003 AGENDA ITEM NUMBER:.~ AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 06 May 2003 Description of Agenda Item (who, what, where, how much): The attached agenda item is for Commission approval/authorization for Mayor to execute Contract with Conquest Engineering Group, Company. This Contract is for drainage and roadway improvements along SE 7th Avenue from SE 1~t Street to East Atlantic Avenue. Total cost for this Contract is $162,252.87. Funding is provided as follows: Account # Description Contract Amount Account Balance 448-5461-538-65.53 SE 7thAve $ 59,064.87 *$ 59,435.80 334-3162-541-65.18 SE 7th Ave $103,188.00 $103,188.00 Total $162,252.87 * = After Transfer Staff Recommendation: A~ove Contract Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available:(~ No Initials:~/~ Account Number See above Description See above Account Balance: Funding Alternatives: See above (if applicable) City Manager Review: Approved for Agenda: ~ No Initials: ~ Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2003\2003-033\OFFICIAL\2003may06 agenda.doc City Of Delray Bea.ch Department of Environmental Services M E M 0 R A N D U M TO: FROM: David T. Harden, City Manager Randal L. Krejcarek, P.E., City Engineer DATE: SUBJECT: 28 Apr 2003 Rye Lane, Lake Terrace, Enfield Terrace Water Main Upgrade Project # 2002-0'19 Raw Water Supply Common Header Pipe Project # 2003-019 Contract Award Commission Agenda Item This agenda item is for Commission approval/authorization for Mayor to execute Contract with Chaz Equipment Company, Inc. This Contract is for approximately 2,600 lineal feet of 8" water main on Rye Lane, Enfiled Terrace and Lake Terrace as well as 560 lineal feet of 24" raw water supply common header pipe at the water treatment plant. Total cost for this Contract is $381,695.50. Funding is provided as follows: Account # Description Contract Amount Account Balance 442-5178-536-65.63 Rye Ln/Lake Terr/Enfield $100,410.00 $101,410.00 442-5178-536-65.82 Raw Water Supply $ 281,285.50 $282,000.00 Manifold Pipe Total $381,695.50 The attached map shows the project locations and the complete bid tabulation for this project. Please place this item on the 06 May 2003 Commission Agenda. Thanks. enc cc; Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director rite S:~EngAdmin~Projects~OO3~OO3-O19~OFFIClAL~OO3may06 agendememo, doc LAKE ST¸ IDA ST¸ LAK AD ROAD ENVIRONMENTAL SERVICES DEPARTMENT Rye Lo., Loke Terr., etc. LOCATION MAP Project # 2002-019 1 DATE:4/24/O: ~- ATLAN TIC 2ND AVENUE bJ CITY Of DELRAY BEACH EN~RONMENTAL SER~CES MPLEX s.w. __ __ 6~ __ 7TH ST. Date: 25 Apr 2003 AGENDA ITEM NUMBER:~)~ AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 06 May 2003 Description of Agenda Item (who, what, where, how much): The attached agenda item is for Commission approval/authorization for Mayor to execute Contract with Chaz Equipment Company, Inc. This Contract is for water main improvements on Rye Lane, Enfiled Terrace, Lake Terrace and the raw water supply common header pipe at the water treatment plant. Total cost for this Contract is $381,695.50.00. Funding is provided as follows: Account # Description Contract Amount Account Balance 442-5178-536-65.63 Rye Ln/Lake Terr/Enfield $ 100,410.00 $ 101,410.00 442-5178-536-65.82 Raw Water Supply Pipe $ 281,285.50 $282,000.00 Total $381,695.50 Staff Recommendation: ~5'p~ove Contract/. · nature ~> Department Head S~g :/~~ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Y~ / No Initials~ Account Number See above Description Account Balance: Funding Alternatives: See above See above (if applicable) City Manager Review: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2002\2002-019\OFFICIAL\2003may06 agenda.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM #"~"~'~'[ - REGUI..AR MEETING OF MAY 6. 2003 CONTRACT AWP~RI'~/INTERCOUNTY ENGINEERING. INC. DATE: MAY 2, 2003 This is before the City Commission to approve a contract award to Intercounty Engineering, Inc. in the amount of $271,364.00 for the installation of a reclaimed water main on the Municipal Golf Course property. Funding is available from 441-5181-536-63.95 (Northwest Reuse Water System - South Central Regional Wastewater). Recommend approval of the contract award to Intercounty Engineering, Inc. for the installation of a reclaimed water main. S:\Ciiy Cle~k\chevelle folder\agenda mcmnos\Contract Award.lntercounty Engineering, Inc.5.6.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Rafael Ballestero, Deputy Director of Construction 29 Apr 2003 Municipal Golf Course Reclaimed Water Main Project # 2003-015 Contract Award Commission Agenda Item This agenda item is for Commission approval/authorization for Mayor to execute Contract with Intercounty Engineering, Inc. This Contract is for the installation of 24" and 8" reclaimed water main on the municipal golf course property. This work is being performed in conjunction with the Golf Course Greens Replacement and irrigation rehab project, to provide reclaimed water. Attached are copies of the consulting engineer's recommendation, as well as a copy of the bid tab, with Intercounty Engineering as the lowest responsible bidder. Total cost for this Contract is $271,364.00. Funding is provided as follows: Account # 441-5181-536-63.95, Connection Fees ('~--' ~'~ Please place this item on the 06 May 2003 Commission Agenda. Thanks. enc cc: Richard Hasko, P.E., Director of ESD Randal Krejcarek, P.E., City Engineer City Clerk's Office Agenda File 05.06.03 Project File 2003-015 File S :\EngAdmin\Proj ¢cts\2003 ~2003 -015\CONSTRCTx2003 may06 agcndamemo.doc ?~ ~9 03 OS:31a Mathe~s Consulting, Inc. [SS1] 478-?~64 p.2 MATHEWS CONSULTIN TO: FROM: P, ichar~ Hasko, P.E Director of Environmental Services Department David L, Mathews, ~.E,'~),[--~'~ · DATE: A~fil 29 2003 SUBJECT: City of Delray Beach (Project No. 2003-01§) Municipal Golf Course Reclaimed Water Main Bid Tabulation (Bid No. 2003-028) On Thursday, April 24, 2003 at [:00 PM, bids were received for she Municipal Golf Course Reclaimed Water Main (Bid No. 2093-028). A total of' six (6) bids were received. The low bid was received from Iatercounry Engiaeering. Inc, located in Pompano Beach, Florida in tl',e amount of $271,364.D0 We have reviewed the proposal submittal by [ntercounly Engineering, Inc. and have verified that tlxey have performed satisfactory work for the City of Defray Beach and the City or' Pompano Beach on past projects The.',' also have the equipment to perform this work. Based cn the proposal submirr, ed and the references provided, we recommend award of the project to Imercounty Engineering, lac in the amount cf $271,364.00 based on their bid being ~he lowest and the!r ability to perform the work. Attached please find a bid tabulation for your reference ,, ~o,~ have any quest~or, s, ptease do not hesitate to c~lL wal~am Gtizvc, City of Delray Beach Rafael Ballestero, CiW of Delray Beach 3acklvn Rocney, City of Delray Beach Rene'Mathews, Matb. ew$ Consulting MC File No. t 1.70 Page I of I Date: 29 Apr 2003 AGENDA I TE M NUMBER:~-~ AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 06May 2003 Description of Agenda Item (who, what, where, how much): The attached agenda item is for Commission approval/authorization for Mayor to execute Contract with Intercounty Engineering, Inc. The contract is for the installation of 24" and 8" reclaimed water main on the municipal go]f course property. This work is being performed in conjunction with the Golf Course Greens Replacement and irrigation rehab project, to provide reclaimed water. Attached are copies of the consulting engineer's recommendation, as well as a copy of the bid tab, with Intercounty Engineering as the lowest responsible bidder. Total cost of this contract is $271,364.00. Funding is provided as follows: Account # 441-5181-536-63.95, Connection Fees~~ f.e~,~ ~^~ r~fr~,-, - z'~'~ Staff Recommendation: Ao~rove Cpntract Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: [Yes~)/No Initials: Account Number See above Description See above Account Balance: See above Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: ~/No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2003\2003-015\CONSTRCT\2003may06 agenda.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden City Manager C. Danvers Beatty, ~--'~ Deputy Director of Pu~iiLeUtll~es April29,2003 Water Treatment Plant Control Room Improvement Project Number 2002-045 Attached is an Agenda Request and supporting documentation for the purchase of a new operations console as part of the Water Treatment Plant control room improvements. Evans Consoles Incorporated is the supplier for many of the operations consoles use at water treatment plants and other process control related facilities. The new console will integrate our automated computer control system and provide a much needed ergonomic environment for the plant operations process. The price quoted in this proposal is based on the G.S.A. contract with Evans Consoles Inc. The total amount of this purchase is $35,306.00 and funding is available from Account # 442-5178-536.64-90, Other Machinery & Equipment (budget transfer attached). Please place this item on the May 6, 2003 Agenda for consideration by City Commission. CCi Richard C. Hasko, P.E., Director of Environmental Services John Bullard, Water Treatment Plant Manager Jackie Rooney, Purchasing City Clerk Agenda File 2002-045 Project File S:~En gAdmin~roj ects~2002~2002-045\OFFIC]AL~agenda memo.doc EVANS 'IDENTITY TM, REDUCED DEPTH CONSOLE PRICE QUOTATION Evans Project ID # EUS-03-0142 Evans Quotation ID # U03-00422-00 for City of Delray Beach WTP 4/11/2003 Refer to Drawing(s) EUS-02-0142-01 to -06 Rev B As of Wednesday, April 23, 2003 EVANS Project Lead: Leslie Yiao 'IDENTITY ~' CONSOLE STANDARD FEATURES: - Patented "Portal" Heavy Wall Aluminum and Sheet Metal Stackable Structure - Nominal 48" (1219mm) Overall Depth - Full Depth - Nominal 37"(940mm) Overall Depth - Reduced Depth - 19 1/2" (495mm) Deep Fixed Worksufface with Soft Urethane Nosing - Lower Front & Rear Hinged Enclosure Panels - Durable High Pressure External Panel Finish, per Evans' Standard Offerings - Wilsonart Black laminate 1595-60 internal panel finish - Desktop Module Pricing Includes Structural Module, Front & Rear Hinged Panels, and Worksurfaee Elements Revision Number 3 EVANS ITEM UNIT US DOLLAR NO. PART NUMBER DESCRIPTION QTY PRICE VALUE STRAIGHT MODULES, ENCLOSED SYSTEM Identity Single High, Enclosed Modules I 1D-SH-36 36" (914mm) wide Single High Enclosed Module. Featuring One Piece Formed Lid, Lift Assist Pistons and Black Discrete Ventilation Grill. 2 ID-SH-48 48" (1219mm) wide Single High Enclosed Module. Featuring One Piece Formed Lid, Li~ Assist Pistons and Black Discrete Ventilation Grill. CORNER MODULES, ENCLOSED SYSTEM Identity Single High Corners, Enclosed Modules 3 ID-SH-C-22 22 1/2° Single High Short Corner Enclosed Module END TREATMENTS, ENCLOSED SYSTEM Identity End Treatments, Enclosed Modules 4 IDEP-E-SL Single High Full Height End Panel - Left Hand, Enclosed Module 5 IDEP-E-SR Single High Full Height End Panel - Right Hand, Enclosed Module EQUIPMENT SUPPORT SOLUTIONS I 2,524.00 2,524.00 4 3,239.00 12,956.00 2 1,044.00 2,088.00 I 348.00 348.00 I 348.00 348.00 Page lof2 Identity Single High Equipment Front Covers, Enclosed Modules 6 ID-SH-BPK-12 12" (305mm) Single High Blank Panel Kit 1 7 ID-SH-MEF-26 Single High Hinged Black Plastic Laminate 8 Monitor Equipment Front with Optical Glass Insert (up to 26" (660mm) wide) 8 ID-SH-BPK-24 24" (610mm) Single High Blank Panel Kit 1 Identity Equipment Support Shelves 9 ID-DFMSS Fixed Double Monitor Support Shelf with 4 Height Adjustment (up to 44" (1118tnm) wide) Fixed Door Mounted Mid-sized Tower Support 8 Shelf(Maximum PC Tower 18"Hx8 1/2"Wx17 1/2"D (457mm x 216mm x 445mm)) 10 ID-TSS ACCESSORIES Identity Electrical Features 11 ID-DTLS 12 ID-6/PTS 13 ID-CPWT Operator Dimmable Tasklight System with Full 9 Spectrum, Fluorescent Fixtures (per bay, nominal 24" (610mm)) Internal Mounted 120 V, 15 amp., 6 Outlet, 9 Power Bar with 6' Grounded Powercord CSA/UL Rated Ituemal Continuous Plenum Wire Cable Tray 21 4"w x 1 1/4"d (102mm x 32mm) with Open Top Mounted to Console Structure (per linear R.) FEATURES & FINISH UPGRADES 14 Customl Upgrade Equipment Front Color to Slate Grey 10 D91-60 (Mod. 1 to 11) 66.00 215.00 117.00 218.00 78.00 208.00 33.00 15.00 20.00 Identity m Reduced Depth Console Sub Total: (A) The Above SUB-TOTAL (A) Indicates a 16.1617 % Discount. 66.00 1,720.00 117.00 872.00 624.00 1,872.00 297.00 315.00 200.00 24,347.00 Refer to 'EVANS PRODUCT PRICE QUOTATION SUMM/IRF SHEET; Page 2 of 2 EVANS ITEM NO. PARTNUMBER EVANS MILLWORK AND MATCHING FURNITURE PRICE QUOTATION Evans Project ID # EUS-03-0142 Evans Quotation ID # U03-00422-00 for City of Delray Beaeh WTP 4/11/2003 Refer to Drawing(s) EUS-03-OO I42 Rev A As of Wednesday, April 23, 2003 EVANS Project Lead: Leslie Yiao Revision Number 3 DESCRIPTION UNIT QTY PRICE US DOLLAR VALUE MATCHING FURNITURE & MILLWORK Mobile Storage Solutions 1 10477 CUSTOM FEATURES 2 Customl Mobile Undercounter Storage Pedestal on Casters with 3 Drawers (box/box/file), HPL Finish "L - Shaped" Custom Millwork Table w/Cable Grommet and 3 Fixed Storage Pedestals (box/box/file), HPL Finish 4 392.00 3,366.00 Millwork And Matching Furniture Sub Total: (B) 1,568.00 3,366.00 4,934.00 No Options Indicated. Refer to 'EVANS PRODUCT PRICE QUOTATION SUMM/aYY SHEET: Page 1 of 1 EVANS PRODUCT PRICE QUOTATION SUMMARY SHEET Identity ?r~ Console Sub-Totul The Above SUB-TOTAL (A) Indicates a 16.1617 % Console Discount. Mlliwork & Custom Furniture Sub-Total SUB-TOTAL ITEMS (A) to (B) Inclusive (A) (B) (AA) 24,347.00 4,934.00 29,281.00 ADD FOR PROJECT LOGISTICS (BB) Project Design / Shop Drawings for Custom Items (CC) Freight: Cartage & Off-Loading, Less Than Track Load (LTL) Additional Shipping Info: Delivered Duty Paid: To be shown as DDP to "specific named place of destination". (ie, port name, city name, place or company). Delivery is complete when the goods arrive (not unloaded) at the "named place of destination". The buyer is responsible for any costs after the seller has fulfilled his obligation of delivery. *(See CIP). The seller has the obligation to clear the goods for import and pay the costs arising from duties, taxes and other charges, as well as the costs of carrying out customs formalities. Charges intended to be excluded should then be identified in conjunction with the DDP term in the contract of sale (lc. DDP VAT unpaid). (BB) (CC) 1,816.00 (DD) Installation, Assumes SINGLE Installation Activity., NON-UNION Site Assumes SINGLE Installation Activity. *The Client will identify and provide I person(s) for I day(s) duration of installation and final coordination of site activities. **Assumes that site preparedness had been met in accordance with the attached contract terms and conditions, specifically Sections 4 and 5. A member of the Evans Logistics group will review a Site Preparedness questionnaire with the client designate 2 weeks prior to shipment. Wv) Sub-Total (AA) - (DD) (EE) 4,209.00 35,306.00 $35,306.00 Total DDP, Delray Beach, FL in US Dollars, All Sales Taxes Excluded INCO Terms 2000 EVANS Payment Terms for Invoicing (Taxes Excluded Unless Otherwise Noted): · 30% Downpayment Due WITH Purchase Order $10,591.80 · 60% Net 30 Due Upon Console Shipment $21,183.60 · 10% Due Upon Installation $3,530.60 Page 1 of 6 AGENDA REQUEST No. Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Agenda Item ~ Date: April 29, 2003 When: May 6, 2003 Description of item (who, what, where, how much): Staff requests Commission approval of a purchase from Evans Consoles Incorporated for a new operations console as part of the water treatment plant control room improvements. Thc price quoted in this proposal is based on the G.S.A. contract with Evans Consoles Inc. Total amount of this purchase is $35,306.00. and funding is available from Account # 442-5178-536- 64.90, Other Machinery & Equipment. Recommendation: $35,306.00. Department head signature: ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Staff recommends approval of purchase from Evans Consoles Inc. in the amount of Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re~tKed on all items involving expenditure of funds): Funding availabl~O ~ Funding alternatives ~/" (if applicable) Account No. & Description qc[~.~ Account Balance c~ ~r fm ~cl, / fp ~,~ City Manager Review: HAolp~°Vune~lf..°r agenda: ~NO ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:~EngAdmin~Project s~2002~2002~)45\OFFICIAL~AgendaReq.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden City Manager FROM: DATE: SUBJECT: C. Danvers Beatty, P.E ].~_ff__~ Deputy Director of ~ Utilities April 30, 2003 Lift Station 6, Force Main Improvements Project Number 2003-003 Attached is an Agenda Request, Engineering Recommendation Letter, Location Map and Tabulation of Bids opened on April 10, 2003 for construction of the subject project. Chaz Equipment Company, Inc. was the apparent low bidder however, as outlined in the recommendation letter from Eckler Engineering, there were two key items omitted from their bid. Chaz Equipment Company, Inc. failed to acknowledge receipt of Addendum No. 2 dated April 7, 2003 and they failed to include a copy of the 5% bid bond required for this project. Similar omissions have occurred on past projects and the bidder was considered non-responsive. As a result of these omissions we consider the bid submitted by Chaz Equipment Company, Inc. as non- responsive. The firm of Man Con, Inc. is therefore considered the lowest responsive bidder with a total base bid proposal of $596,848.10. Based on their proposal and satisfactory performance of past work in the city, we are recommending award of the project to Man Con, Inc. in the total mount of $592,948.10 for the Base Bid minus Item 22 (Jack and Bore) and Alternate No. 1. The funding allocation for this project is as follows: Water 442-5178-536-gr~.50, WaterMains ............................................ $111,908.10 Sewer 442-5178-536-65.75, L.S. 6 and F.M. Upgrade ......................... $481,040.00 (Appropriate budget transfer is attached) Please place this item on the May 6, 2003 Agenda for consideration by City Commission. CC: Richard C. Hasko, P.E., Director of Environmental Services Bob Bullard, Maintenance Manager City Clerk Agenda File S :~EngAdminWroj ects~2003~2003 -003\OFF1C IAL~agenda memo.doc ECKLER ENGINEERING, INC. CONSUL TING CIVIL ENGINEERS April 23, 2003 215.Q1 Mr. C. Danvers Beatty, P.E. City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33~.~,~ Dear Mr. Beatty: Reference: Recommendation of Award Lift Station No. 6 Forcemain System Improvements L'"'-~itY Project No. 2003-00~ Bid No. 2003:023 The City of Delray Beach received, opened, and read aloud bids for the Lift Station No. 6 Force Main System Improvements on Thursday, April 10, 2003 at 1:00 P.M. Four (4) bids were received ranging in price from $539,742.00 to $710,592.40. The apparent Iow bid was submitted by Chaz Equipment Company, Inc. of Wellington, Florida. Pursuant to the Instructions to Bidders, Article 16, Eckler Engineering proceeded with review of the bid, qualifications, and other information submitted by the apparent Iow bidder. As a result of the review of the apparent Iow bidder, Eckler Engineering found the following: On page P-2 of the Chaz Equipment Company proposal, the bidder failed to acknowledge receipt of Addendum No. 2 dated April 7, 2003. On page P-4 of the Chaz Equipment Company proposal, the bidder indicated that a bid bond in the amount of 5% of the total bid accompanied this proposal. However, the actual bid bond document, pages P-11 and P-12 of the proposal, and the Power of Attorney was not included with a sealed bid proposal. Eckler Engineering reviewed these two findings with City Utility staff for the purpose of inquiring whether or not these two omissions would be considered by the City as informalities. We found that under past project bids, the City has not awarded contracts when the Iow bidder failed to provide the appropriate bid bond documentation. Additionally, there was concern with setting a precedent for future bidding projects that may encounter the same situation. As a result, the bid submitted by Chaz Equipment Company, Inc. must be considered non-responsive. We recommend the award of this construction contract to the lowest, most responsive bidder, Man Con, Inc. of Deerfield Beach, Florida, in the amount of $596,848.10. We find this recommended amount to be approximately 10% lower than the Engineer's Final Opinion of Probable Construction Cost of $661,000.00. Man Con, Inc. has completed numerous projects of similar scope, complexity, and value during the eighteen years this organization has been in business in the State of Florida. In 1999, Man Con, Inc. completed a project designed by Eckler Engineering for the City of Coral Springs that was very similar in scope to the above referenced project. The Coral Springs project included construction of force main, water main, and the rehabilitation of two existing lift stations. Man Con, Inc. Celebrating our 18th Year of Service to South Florida Mr. C. Danvers Beatty, P.E. Apdl 23, 2003 Page 2 completed the City of Corel Springs' project in conformance with the contrect drewings and specifications and within the allotted project budget and time frame constreints. This project is listed as #212 on their tabulated experience sheets. A certified bid tabulation is attached for your review. The bid tabulation lists the documents required to be submitted by the bidders with their proposal. An 'X" indicates that the necessary documents were submitted and found to be in compliance with the requirements of this project. A column has also been provided to indicate the bid amount of each bidder. If you have any questions or require additional information pertaining to this recommendation of award or the project in generel, please do not hesitate to contact me. Sincerely, Douglas K. Hammann, P.E. Encl. YN~ocumen~s~Delray Beach~215.Q1\Co~espondence~15Q1.020.wpd J I>1 II .... N.W 2ND ST. ATLANTIC AVENUE ~1 II II I ~ ~ ~ Ol~ Of DEL~AY BEAOH LIFT STATION NO,6 FORCEMAIN ~ME~ ~E8 ~P~ SYSTEM IMPROVEMENTS No. Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda Agenda Item ~ Date: April 30, 2003 When: Ma,/6, 2003 Description of item (who, what, where, how much): Staff requests Commission Approval of a Bid award to Man Con, Inc. for Rehabilitation of Lif Station 6 and constmetien of a new force main to serve Lift Station 6 in the amount of $592,948.10 for the Base Bid minus Item 22 (Jack and Bore) and Alternate No. 1. Total contract amount will be $592,948.10 with funding from Account # 442-5178-536-63.50, Water Mains and 442-5178-536-65.75, L.S. 6, F.M.Upgrade. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Bid award to Man Con, Inc. Department head signature. ~~ - q~It-~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable):. Budget Director Review (re uo~q~.ed on all items iqvo~ving expenditure of funds): Funding available: ~)NO Funding alternatives v (if applicable) Account Balance Ci~ M~ag~ Reh~: Approved for ag~: ~O Hold Until: Ag~ Coordimtor Renew: Received: Placed on Agent: Action: Approved/Disapproved S AEngAdminXProj ect s~2003~20034103\OFFIClAL~AgendaReq.doc PUBLIC WORKS MEMORANDUM To: David T. Harden, City Manager From: Richard C. Olson, Interim Director of Public Works Date: April 15, 2003 Subject CITY COMMISSION MEETING MAY 6~ 2003 BID AWARD - TAKE HOME VEHICLES FOR THE POLICE DEPARTMENT Action City Commission is requested to approve bid award from McCottcr Ford under the Sheriff's Association and Florida Association of County Bid Specification #1, for the purchase of 4 (four) take home Crown Victoria Police Interceptors. In addition, the purchase of 1 (one) Harley Davidson Motorcycle from Fort Lauderdalc Harley Davidson Dealership. Background Pursuant to Article 40 of the Collective Bargaining Agreement with the Police Benevolent Association the City is to provide all sworn police department officers a take home vehicle, if they meet the following criteria. · Three (3) years experience with the Delray Beach Police Department. · Reside within fifteen (15) miles of Police Department Headquarters. Implementation of the article shall take place over a four (4) year period. To date the City has purchased 40 (forty) vehicles as take home cars for police officers. A review of the Police Departments eligibility list shows that twenty-one (21) additional officers are eligible for take home vehicles in fiscal year 2003, and eight (8) in fiscal year 2004. We are proposing to purchase the 5 vehicles that are listed on Attachment "A". Four of the vehicles are Crown Victoria Police Intemeptors package units, at a package price of $128,840.00, The price includes light, decals and some police equipment. Recommendation Staff recommends various bid awards from Florida Sheriff Association Contract, as specified in Attachment "A". The unit costs include various options and extended warranties on all vehicles. Not included are some option items that we will acquire from other vendors not available on these contracts. The total of the recommended purchases is $128,967.00. Funding will be provided from the proceeds received from the advance refunding of the Guaranteed Investment Contracts. Attachments (1) C: Bill Darty File:u:fi scher/agenda/takehomeveh.doc City of Delray Beach Proposed Vehicle Replacement Listing FY 02-03 Attachment "A" Take Home Program {' I It-me I New Vehicle Item Description ~Vend(~ ~Make IModel ICcet Total Cost Police Intercepter FSA Spec #1 ~d ~Police Interceptor Police Intercepter IFSA Spec #1 Ford Police Inteer~ptpto~ 28,840 57 680 Police Intercepter' FSA Spec#i '~rdtPo,ce teroeptor k' 2., 0 Policernter~pter FSASpec~I ~r~oli~lnt~rcep{or ~ 28,84~ Hadey David,o. [Low Bid Ha~FLHPI I' 13'2~71 128,~ 811116/2003 16:42 9547916,1.2B P I LRUU I-If--~RL~-¥ iJ~4V.LIJ · ~C~? FLTT SALF_~ January 6, 2003 Mr. Bill Darty Fleet Services Supervisor Delray Beach Police Department 300 West Adantic Avenue Delray Beach, FL 33444 Dear Mr, Dar~,: Thank you for taking the time mutual ' from your busy schedule to speak with me and discuss topics of interest regarding the current fleet and misted topics. Please consider fids letter as a follow up to our conversation and an open proposal offered for yom' review and consideration. In an effort to fost~ and encourage our continuing relationship and at the same ~ne underscore our sa-ong support for the dcparlment we would like to set forth the following bold offer. Ft. Landerdale Harley-Davidson is prepared to offer to the De[ray Beach Police Dcp~mxent a new 2003 FLH_PI= Road YJng Police Motorcycle, Vwo-tone black and white, for the following price: Base price $12,687.00 ~¥~ Ct~tom two-tone paint 600.00 $15,287.00 Ft Lauderdale Harley-Davidson will swap yom' current police strobe light package ~om your current police motorcycle to the new motorcycle for $400.00 shoald you require rl~s service, There is a possibility that we might have a motorcycle for immediate'delivery. Thanking you in advance, Barry T. Kuhnly ManagcK. Police and Floci Sales Ft. Laadcrdale Harley-Davidson MEMORANDUM TO: FROM: DATE: SUB J: Rich Olson Director of Public Works Bill Darty Fleet Maintenance Superintendent April 30, 2003 Harley Davidson Quotes The state contract for Harley Davidson, (H.D.) has been cancelled. We attempted to obtain three quotes and found that most dealers in South Florida, (Pompano H.D., and Treasure Coast H.D. etc.) refer all Police bike purchases to Barry Kuhnly, Manager, Police and Fleet sales in Ft. Lauderdale. The cost through Ft. Lauderdale H.D. is $13,287.00. I obtained a quote through H.D. of Palm Beach, Inc for $13,772.50. Based on Price, I recommend we purchase from Ft. Lauderdale H.D. as we did last year. ~UEST Request to be placed on: × Consent Agenda When: Hay 6. 2003 Regular Agenda __WorkshopAgenda Spec. ial Agenda Description of agenda item (who, what, where, how much): Approval of bid award from HcCotter Ford under Florida Sheriff's Association and Florida Association of County Bid Spec±f±cation #1, for the purchase of (4) four take home Crown Victoria Poi±ce Interceptors. In addition, the purchase of (1) one Harley Davidson Hotoreycle from Fort Lauderdale Harley Davidson Dealership. Department Hea~ ~ ~ Signature: [~.) ~'~ ~ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda:~/ No Initials: Hold Until: (if applicable) Agenda Coordinator Review: Received: Berne To: David Harden, City Manager From: Lula Butler, Director, Community Improvement Date: May 2, 2003 Re: Request to Release Liens - 239 & 245 NW 10~ Avenue ITEM BEFORE THE COMMISSION: City Commission consideration of a request from Dwayne Randolph of Randolph & Dewdney Construction Company to waive the administrative and interest assessed on Code Enforcement liens resulting from the abatement of nuisances and the demolition of unsafe structures to the properties addressed as 239 & 245 NW 10th Avenue. The outstanding amount of the liens as of May 1 is $7,337.01 and $3,529.97 respectfully, or a total of $10,866.98. BACKGROUND: I have attached a copy of the original correspondence from Mr. Randolph dated April 23, 2003. He has pumhased two (2) non-conforming lots (40' x 130') and is planning to unify both into one conforming and buildable lot for the construction of a new single family home. These parcels are located across from the Pompey Park, eliminating blighted vacant parcels and creating new homeownership opportunities consistent with our goals and objectives. The City has expended $4,087.95 and $2,571.61 respectively for the abatement of nuisances and demolitions on these properties. The balance of the money $3,249.06 and $958.36 is from administrative fees and accrued interest assessed as a part of the liens and special trash collection charges. RECOMMENDATION: Staff is recommending approval of the request from Mr. Randolph to waive the interest and administrative fees assessed as a part of the code enforcement liens and the special collection charges for the above-referenced properties totaling $4,204.42 for both parcels. Therefore, Mr. Randolph will be paying the out-of-pocket costs totaling $6,659.56. Attachment Charge, Breakdown as of May__2,~2003 Customer~" 6258 N-a-m e Ora Wallace Address 239 NW 10th Avenue __ Delray Beach, FIoHd_a O~JT OF POCKL='F~ INVOICE INVOICE OOT--OF REcoRDING AD Mi~IISTRATIVE DATE # POCKET V FEE FEE TYPE TOTALS 04/15/02 2190~- 189.50 ~- --- 55.00 N/A 269.50 07/18/01 20168 73.63 3.06 70.00 N/A 146.69 11/24/99 15425 70.00 4.22 ~ 70.00 N/A 144.22 07~07~99 14325 88.00 I ~'i00 70:~0 N/A 161.00 10/05/98 126(~1 79.00 3.10 70.00 N/A 152.10 08/13/97 9969 83.~0 2.90 70.00 N/A 155.90 ~4/07/97 9343 75.00 3.46 70.00 N/A 148.46 11/14/96 8447 69.00 i · 4.36 70.00 N/A 143.36 727.13 24.10 Total NIA Leee Intareet 1321.23 Total Interest on N/A 429.59 ~ Total Due 1750.82 D7/31/96 7809 3300.00 ~ 36.72 507.67 Total Demolition 3844.39 Intareet 1718.80 Total Due 5563.19 ..... ~ Total Special Collection 23.00 Grand Total For AIl As Of Ma~,2, 2003 7337.01 Summary .... Tota_l~nterest Adml~nlstratlva and Special :ollectlons 3246.06 Total Out Of Pocket 4087.95 QV~ Of Pocket E~ Denaea: Vendor I~ay N/A 727.13 A~ ver~ine & R~dlng F~, 60.82 Vende~ Pay Demo,eon 3300.00 Total Out Of Pocket 4087.95 Charge Breakdown as of May 2, 2003 ___ - Customer -8402 -- - Name-- Peat~olia Stephenson Addre~ 245 NW 10th Avenue Delray Beach, Florida OUT OF POCKET~ ~NVOICE INVOICE VENDOR RECORDIN~ ADMINISTRATIVE DATE # PAY FEE - FEE TYPE TOTALS 10/7/02 22786 ' - 58.10 --- -~0.00 NIA 138.10 ¢/15/02 21902 74.9~ ~_ --- 80.00 NIA 154.90 10117101 20661 65.90 - --- 80.~)0 N/A 145.90 7118101 20172 58.18 3.06 70.00 NIA 131.24 I 25~ 3.06 I Total NIA Lass IntereSt 570.14 I Total Interest on NIA 47.23 ? '- Total Due 617.37 5/2/01 19738 2311.47 280.65 Total Demolition 2592.12 Interest 285.98 Total Due 2878.10 Total Special Collection 34.50 Grand Total For All As Of May 2, 2003 3529.97 · Total Interest Administrative and Special Collections 958.36 .... ' Total Out Of Pocket 2571.61 * Out Of Pocket Exoenses: Vendor Pay NIA 257.08 Recording Fee 3.06 Vendor Pay Demolition 2311.47 Total Out Of Pocket 2571.61 Date: May 1, 2003 Agenda Item No. ~ AGENDA REQUEST Agenda request to be placed on: X Regular Special Workshop When: May 6, 2003 Description of Agenda Item: Request to Release Liens - 239 & 245 NW l0th Avenue Ordinance/Resolution Required: Yes / No Consent Draft Attached: Yes / No Recommendation: Approval Department Head Signature: / City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: (~ No ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved MelTIO To: David Harden, City Manager I ~"~ From: Lula Buffer, Director, Community Improvement Date: May 1, 2003 Re: Request to Release Lien - 40 NW 12~ Avenue ITEM BEFORE THE COMMISSION: City Commission consideration of a request from the Community Redevelopment Agency to waive the administrative fees and interest assessed on Code Enforcement liens resulting from the abatement of nuisances to the ~property addressed as 40 NW 12th Avenue The outstanding amount of the lien as of May 1 is $7,117.19. BACKGROUND: I have attached a copy of the original correspondence from the CRA dated April 24, 2003. The CRA acquired the property for the Renaissance Program and it will be offered through an RFP to the TED Center and the CDC for sale to one of their affordable housing clients. This is consistent with our goals to eliminate blighted parcels and creating new homeownership opportunities. The City has expended $3,177.61 for the abatement of nuisances. The balance of the money, $3,939.58, is from administrative fees and accrued interest assessed as a part of the liens. RECOMMENDATION: Staff is recommending approval of the request from the CRA to waive the interest and administrative fees assessed as a part of the code enforcement liens to the above-referenced property totaling $3,939.58. LB:DQ Attachment Apd124, 2003 DE LRAY BEACH Ms. Lula Butler Director of Community Improvement City of Delray Beach 100 NW 1~t Avenue Delray Beach, FL 33~.~?. Re: Bennie Thomas Property xxx NVV 12th Avenue Dear Lula: The Delray Beach Community Redevelopment Agency acquired the Bennie Thomas property on NW 12t~ Avenue many, many years ago through a tax deed acquisition. The process of cleadng the title has been a long one, but we are getting close now. To this end, I am writing to request your support in having the City liens on the property reduced such that the administrative fees and accrued interest be waived~ The CRA acquired the Thomas property for the Renaissance Program and once the title is clear it will be offered through RFP to the TED Center and the CDC for sale to one of their affordable housing clients. Despite the shortage of available lots, in 2003 the CRA purchased and re-sold three lots to Renaissance Program clients. We are now working diligently on getting clear title on the four tax deed acquisition lots we own to make these available to the Renaissance Program as well. Thank you for your consideration of this request. Sincerely, Cc: Diane Colonna, Executive Director B. Douglas MacGibbon, Law Offices of Vance, Doney & MacGibbon PA HECEIVED 2 5 003 COMM. IMp. 104 West Atlandc Avenue o Delmy Beach, Horida 33444 561-27(N~M0 · Fax 561-27~8558 DATE INVOICE Name !Charge Breakdown Bennie Thomas iiISANC 140 NW 12th Avenu~ t Delray Beach, Florida RE C O RD~-N-G I ADMINISTRATIVE E .FEE ' FEE 2.0§ 35.00 850.0o 3/2/1984 5824 6/15/1984 10/25/1984 8/18/1986 2/1/1988 5922 , 8228 11004 4/19/1988 11247 3.16 35.00 35.00 1.91 35.00 2.41 2.31 35.00 35.00 25.00 110.00 85.00 2.13 8/8/1988 11552 2.99 / 12267 t 2.7§ / 14075 / 2.17 ~4740 ' 2.00 2.60 1/30/1989 3/22/1990 9/21/1990 3/18/1991 15452 ~/13/199~ 15969 1/17/1992 ~ 16714 3/26/1992 17210 50.00 50.00 t 18812 3/25/1993 19022 50.00 50.00 65.00 49.00 55.00 65.00 50.00 60.00 50.00 2.77 t 70.00 2.84 70.00 2.50 70.00 70.00 65.00 65.00 2.52 94.00 36.00 ~/13/1992 17585 2.70 70.00 74.64 11/30/1992 70.00 2.92 12/22/1993 [ 772 51.76 6/10/1994 2771 39.42 £ 3.12 70.00 125.00 1.90 70.00 45.00 10/18/1994 4323 55.00 45.00 Totals Total Amount Due 47.79 1090.00 2039.82 7117.19 Hard Cost Interest 3177.61 3939.58 I Date: May 1, 2003 Agenda Item No. % AGENDA REQUEST Agenda request to be placed on: X Regular Special When: May 6, 2003 Description of Agenda Item: Request to Release Lien - 40 NW 12th Avenue Ordinance/Resolution Required: Yes / No Workshop Consent Draft Attached: Yes / No Recommendation: Approval Department Head Signature: City Attome¥ Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: ~)/No ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved TO: THRU: FROM: SUBJECT: O~,)f~l T. HA EN, IT~Y MANAGER TOR OF PLANNING & ZONING~'~Z'~ ~./~(~OTT ARONSOI~, PARKING MANAGEMENT SPECIALIST MEETING OF MAY 6, 2003 - REGULAR AGENDA REVIEW A REQUEST FROM MARIPOSA FOR THE PURCHASE OF ONE (1) IN-LIEU PARKING SPACE AND THE CONSTRUCTION OF TWO (2) ON-STREET PARKING SPACES IN THE ADJACENT RIGHT-OF-WAY OF SE IsT STREET The Mariposa property is located in the Old School Square Historic Arts District zoning district at 48 SE 1st Avenue (northwest corner of SE 1st Street and SE 1st Avenue) was granted approval for the conversion to an Adult Living Facility in 1984. A site plan modification has been submitted and approved to convert the subject property to a mixed-use office and residential development. Pursuant to Land Development Regulations (LDR) Section 4.4.24(G)(4) the proposed conversion to 1,924 square feet of office and a two-story 1,871 square foot residential unit requires a total of eight (8) parking spaces. The proposed site plan provides a total of seven parking spaces. Therefore, the applicant is seeking to purchase one (1) in-lieu parking space in accordance with Section 4.6.9(E)(3)(b)(3) of the LDR's at a cost of six thousand dollars ($6,000). Although LDR Section 4.6.9(E)(3)(d) allows this fee to be paid in installments the applicant has agreed to pay the fee in full upon submission of a building permit application. LDR Section 4.6.9(E)(3)(e) states in addition to in-lieu fees due, where adequate right-of-way exists adjacent to a proposed project the applicant must construct additional on-street parking. Consequently, the applicant proposes to construct two (2) on-street parking spaces adjacent the property on SE 1st Street and will seek reimbursement of a portion of the in-lieu parking fee. Since the applicant is providing on-street parking in excess of in-lieu parking spaces subject to fees City Commission approval is required. The Parking Management Advisory Board, at their meeting of December 17, 2002, recommended approval of the applicant's request on a 4 to 2 vote (Gillie and Lewis dissenting). By motion, approve the request from Mariposa for the purchase of one (1) in-lieu parking space and the construction of two (2) on-street parking spaces on SE 1st Street. TO: THRU: FROM: SUBJECT: MEETING OF MAY 6, 2003 - REGULAR AGENDA REVIEW A REQUEST FROM BANK OF AMERICA PURCHASE OF ONE (1) IN.LIEU PARKING SPACE FOR THE Bank of America, located at 1001 East Atlantic Avenue, has submitted a site plan modification. Relevant portions of the proposed modifications include the following: ~ Demolition of the existing drive through teller and office on the northeast portion of the property including the elimination of sixteen (16) parking spaces, ~ The reconfiguration of the existing 44-space parking area on the north side of the existing building fronting on Atlantic Avenue, ~ The addition of a 540 square foot lobby, stairwell and elevator (214 square foot net decrease). The site, in its current condition, requires the provision of 103 parking spaces and is non-conforming with respect to parking as only sixty (60) parking spaces exist (44 in the main lot and 16 in the adjoining parcel). Although the proposed modifications result in the reduction of one (1) required parking space, a minimum of sixty (60) parking spaces must be maintained so the existing non-conformity is not increased. The proposed reconfiguration of the parking area on the north side of the building provides a total of 59 parking spaces resulting in a reduction of one (1) existing space. Therefore, the applicant is requesting the purchase of one (1) in-lieu parking space at a cost of fourteen thousand dollars ($14,000) to be paid in full at the time of submission of a building permit application. The Parking Management Advisory Board, at their meeting of April 22, 2003 unanimously recommended approval of the applicant's request. By motion, approve the request from Bank of America for the purchase of one (1) in- lieu parking space subject to the payment provision outlined above. [ITY[IIELRflV 8EI:I[H DELRAY BEACH DELRAY BEACH. FLORIDA 33444 AII-AmerlcaCity 1993 2001 TO: FROM: M O DUM David T. Harden City Manager ~obertA. Barcinski Assistant City Manager DATE: SUBJECT: May 1, 2003 AGENDA ITEM''~E CITY COMMISSION MEETING MAY 6~ 2003 NATIONAL FORUM FOR BLACK PUBLIC ADMININISTRATORS (NFBPA} CONFERENCE NIGHT OUT IN DELRAY BEACH ACTION City Commission is requested to advance funding for the host city share of 50% of the costs for the National Forum for Black Public Administrators (NFBPA) night out in Delray Beach held on April 28, 2003. Total estimated costs were $60,919.49. BA CK GR 0 UND This event was held in Delray Beach on April 28th. Approximately 700-800 delegates and guests attended this event. The local chapter of the NFBPA had originally requested a commitment from the host City to raise $25,000 for the costs of the event based on their original budget. The final costs; however, were higher due to unforeseen changes due to increases in entertainment and catering costs. The local chapter has requested that the host city share equally in the total costs, We have received (see attached letter) a commitment for this function of $15,000 from County Commissioner Addie Greene which would be received next fiscal year. In addition, to date we have received or have commitments for an additional $11,320. The local chapter of the NFBPA has paid $30,691 of the total costs to date. Payments are now due for rental of Old School Square, table, chairs and tent rentals, for caterer's cost and printing and supply costs for sponsor packets. The host city share o£costs based on the total would be $30,459.74. RECOMMENDATION Staff recommends consideration of the request to advance funding for 50% of the cost for the NFBPA event held in Delray Beach on April 28th. RAB/tas Flle:u:sweeney/agenda Doc.'NFBPA Advance Funding 561/243-7000 EFFORT Al_WAYS MAT~'ERS MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # I~--- - REGULAR M~F~TING OF MAY 6, 200~ FUNDING AGREEMENT/PALM BEACH COUNTY DATE: MAY 2, 2003 Attached is a letter from Palm Beach County Commissioner Addie L. Greene stating that she will contribute funds up to $15,000 from the District VII Recreation Assistance Fund FY 03-04 towards the cost of the National Forum of Black Professional Administrators Concert that was held on April 28, 2003 at Old School Square. The reimbursement of funds will be through a funding agreement between the City of Delray Beach and Palm Beach County. The agreement will be placed on a regular meeting agenda for approval by the Board of County Commissioners. The City will receive payment based on submission of documentation of expenditures. Commissioner Greene anticipates that the funding will become available October 2003. Recommend approval of the funding agreement for funds up to $15,000 for the National Forum of Black Professional Administrators Concert. S:\City Clerk\chevelle folder\agenda memos\FtmdingAg~ementNFPBAConcertwPBCo.5.06.03 ADDI~ L. GREENE Commissioner, District VII Palm Beach County Board of County Commissioners Governmental Center, 12~ Floor 301 North Olive Avenue West Palm Beach, Florida 33401 (561) 355-2207 Fax: (561) 355~6332 ~ South Office: Southeast County Complex 345 Congress Avenue Delray Beach, Florida 33445 (561) 276-1350 Fax: (561) 276-1365 agreene@co, palm-beach fl, us April 15, 2003 David Harden, City Manager City of Delray Beach 100 North West 1st Avenue Delray Beach, FL 33444 RE: Funding Agreement "The National Forum of Black Professional Administrators Concert" Dear Mr. Harden: This is to serve as written notification that I will contribute up to $15,000 from the District VII Recreation Assistance Fund, 2003- 2004, Budget towards the costs for the National Forum of Black Professional Administrators Concert that will be held at The Old School Square on April 25, 2003, Delray Beach, Florida. As you know, the procedure for the distribution of these funds is through an agreement with at: entity, in [his case, the City of Delray Beach and Palm Beach County. The agreement will be placed on a regular meeting agenda for approval by the Board of County Commissioners. Payment will be processed on a reimbursement basis to the City of Delray Beach upon submission of documentation and of expenditures. It is anticipated that the funding will become available October, 2003. If you have any questions or need further assistance, please contact Gladys Whigham, my Administrative Assistant, at 276-1350. Mr. David Harden Page 2 of 2 April 15, 2003 I am certainly pleased to contribute to this event and especially delighted that the beautiful town of Delray Beach was selected to hold this year's Conference. The successful example of intergovernmental cooperation that is being demonstrated is immensely appreciated. Again, thank you for your assistance in this matter. Sincerely, Addie L. Greene, Commissioner Palm Beach County Commission District 7 CC: Mayor Jeff Perlman and City Commissioners Dennis Eshleman, Director, Parks and Recreation Dept. Susan Yinger, Program Coordinator/Contract Manager Gloria Shuttlesworth, Chair, National Forum of Black Professional Administrators MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~ M)~ - REGULAR MEETING OF MAY 6. 2003 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD DATE: MAY 2, 2003 At the City Commission meeting of April 15, 2003, Mr. David Hawke and Mr. Robert Marks were moved to the position of regular members, creating two vacancies for alternate members for an unexpired term ending January 14, 2004 and January 14, 2005. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following have submitted applications and would like to be considered: Leonard Epsfien Business Owner Harvey Starin Real Estate Glenn Schuster Fire Chemical Specialist A check for code violations and/or municipal liens was conducted. None were found with the exception of Mr. Starin. Please see attachments. Voter registration verification was completed and all are registered. Based on the rotation system, appointments will be made by Mayor Perk, nan, (Seat #5) for an alternate member with a term ending January 14, 2005 and Commissioner Costin, (Seat #1) for an alternate member with a term ending January 14, 2004. Recommend appointment of two (2) alternate members for an expired term of January 14, 2004 and January 14, 2005. CE200101 Ci*'' o£ Delray Beach Florida Came Xnq~_ry - General Information & ~ames 4/ol/o3 14:08:46 Case nbr . Property address, ID Property Control Number Case status, desc Case type, desc, es bi Origination code, desc Default inspector ID Tenant name, number Case credit balance 02 00013331 3498 HARBOR CIR 12 43 46 33 16 000 0390 AC ACTIVE GC GENERAL VIOLATION CODE CASE CC CITIZEN COMPLAINT PN PIERRE NORMIL .00 238360 12/30/02 ......................... PROPBR?Z OWNER Name : STARIN HARVEY D & DOROTHEA M AddreSs : 3498 HARBOR CIR DELRAY BEACH Print ltrs . : Y CE202101 Phone : FL Zip : 334838029 City of Delray Beach Florida Came Text Inquiry 4/Ol/O3 14:08:59 Case number : 02 00013331 Property address, ID : 3498 HARBOR CIR Property Control Number : 12 43 46 33 16 000 Tenant name, numbeT 0390 238360 Casa narrative SCREEN PORCH PATIO /.NO PERMIT AND INSPECTIONS... SENT TO CEB HAS pERMIT.,NEED MORE TiME...POSPOND..3/20/03 Violation con~nants PERMIT + INSPECTIONS REQUIRED ACTIVE PLEASE OBTAIN BUILDING PERMIT FOR NEW SCREEN PORCH PATIO INSTALLED REC~T~LY ~ INSPECTIONS APsE ALSO REQUIRED. THANK YOU. Inspection conm~nts presl Enter to continue. 12/30/02 2/03/03 3/20/03 12/30/02 12/30/02 12/30/02 F3-Exit F12.Cance1 Harvey D. Starin .- ) ~498 Harbor Circle Deh-ay Beach, Florida 3.~483 April 2, 2003 To' Hon. Jeffperlmnn= Mayor Delray Beach City Commission Re: Application for Volunteer Appointment to a City Board Dear Sirs/Mesdames: In support of my recent application for appointment to a City Board, it occurred to me that a bit of further explanation might be in order. Since I am volunteering for appointment to the Code Enforcement Board (since it has current vacancies), the Board of Adjustment or Planning and Zoning, I wanted to apprise you of an odd situation in which I now find myself. In January of this year I was informed by the City that a routine review of out of deta permit applications identified that a co~,u actor I hired almost 4 years ago had applied for but failed to ever receive a building l~,n~t for a job of installing brick pavers in the hack'yard of my townhouse in Pelican Harbor. I was shocked, especially since 1 paid the company (Edgewa~' Pavers, now apparently defunct) a $45 permit fee. Of course the work has long since been done, as was a small screen enclosure (done by F&M Screen) and a canvas type awning installed by Deiray Awning. All the work was done at the same time, about 3 years ago, under the auspices of Edgewater Pavers. A~er explaining the facts I was told by one of the Permit Clerks in Planning and Zoning that I needed to simply apply for un "Owner/Builder" permit, and have a licensed engineer inspect the work to certify its compliance with proper codes. I talked to a Mr. Taarinski, of Taurinski Associates in Boca Rnton who said he was suitably licensed and equipped to do the inspection once I had the permit. During a lapse between finding out this information and applying for the permit, I received a further notice indicating I was to come before the Code Enforcement Board because of the permit situation. When I explained to Ms. Smith of Code Enforcement that I was in the process of applying for the proper permit she arranged for my appearance before the Board to be cancelled. ~ week I was notified thnt I needed to submit un additional drawing of the work that was done to supplement the survey I provided. I am working on this now and expect to have it submitted within days. My point in mentioning this is tha! ] am attempting to do what is required to remain in compl/unce with the rules. I certainly hope to have this behind me soon. Which brings me to this point in fime. I nm applying to serve on a Board out of my desire to serve. I attended the Resident's Academy in 2001 nnd found the governance of our city fascinating und said to myself nt that time that ns soon as I was able I was going to volunteer to become more active. My application materials exphin why I think ! am a good candidate. I just hope that my current situation over my former contractor's failure to get proper permits and my current attempt to remedy the situation will not prejudice my case for volunteering. In uny regard, I certainly hope that my current permit situation will be long over and a part of ancient history by the time I am actually seated as a board member, should yon agree to appoint me. l just wanted you to know the full story. Thnnks for your time and patience. O3'2?/03 T911 T3:ZZ F~]~ 56t .243 3'774 AIpr. 01 11303 1018:59Al.I CITY OF DELKAY BEACH BOARD MEMBER APPLICATION of Iht,' apSx:iJ:ml~r,,u~ I m~7 =~e. RECEIVED APR - ! 2003 CITY CLERK I~ RAY BEACH 1993 2001 CiTY OF DELRAY BEACH BOARD MEMBER APPLICATION 2. Home Add~ess: City State Zip Code 3. Legd Residence: City State Zip Code 4. Pzincipa] Business Address: City State Zip Code 5. Home Phone: Business Phone: E-M~ Add~ess: Cell Phone: Fax: 6. Are ygu a registe~d voter? If so, where are ~ou registered? 7. What Boazd(s) ~r~ you interested i~ serving? Pl°~se llst in o~d~ oft~e~nce: 8. Lis~ ~I10ty Boards on wl~ch you ~.e currendy senung or h~x e previously served: (Plelse include d~tes) 9. Educational qualifications: 10. List an), related professional certifications and licelases which you ti'old: 11.-Give your present, or most receni employe~, and position: . 12. Des~ibe expedences, skills or knowledge which qu~li~ you to serve on rigs bo~ch (Please attach a brlef resume) I hereby certify that all the shove statements nrc tme~'snd I agree ~d uncles'stand flint say misstatement of material facts contained in this application m~y cause forfeiture upon my part of say sppointmmt I may receive. SIGNATURE DATE Note: This application will remsin on file in the City Clerk's Office for a period of 2 years fxom the date it was submitted. It will be the applicant's responsibility to ensure that a cu~ ~~n file. NAR 3 1 2003 ~ITY ~I.~RK 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION illfo~en*fion: t'ltaS¢ t~C O£ print mc xvuvwm~, m~ ~..-..~.. M. State ~p ~e 3. ~ Re~dmce: G~ Sm~ ~p Code 4. P~dpfl B~ess ~ess~__ ~W State ~p ~e 5. Home Phone: Bu~ess Phone: ~ Ad&ess: C~ Phone: F~ If so, ~=e =e ~u , 8. ~ ~ ~W Bo~fl$ ~ ~eh you ~e c~xen& ~g or ~ve ~ly ~: 10. ~st ~y r~t~ profes~on~ c~ficafions ~d ~c~ses w~ch you ~o~d: 11. Give yo~ p~sen~ or most r~mt m~loyer, md podfion: 12. Des~be ~p~s, s~ ~ ~I~ ~ q~ you m s~ ~ ~s ~: ~e ~ a ~ef ~e) Note: This application will remain on file in the City Clerk's Office for a period of 2 years fxom the date nwas tpplicafion ts c submitted. It will be the applicant's responsibility to ensure that a ctttrent a ' )n fil~ RECEIVED 14AR .q 1 2003 CiTY CLERK Attachment to Section t2 City of Delray Beach Board Member Application I believe I am qualified to serve my city on one of its boards because of my professional experience, my commitment to seeing our dty grow and prosper in an orderly fashion, and my belief that the needs of all our citizens should be served in a fair and compassionate manner. First, I am a licensed and active Realtor'~ in the City of Delray Beach. I am committed to supporting a balance between our need for growth and development and our desire to maintain our rich cultural heritage. I believe that opportunities for growth and development should reflect and support both our city's history as well as our need to supply all our residents with a wide range of housing, educational, employment and entertainment opportunities. My previous experience as a senior executive in the high techno, logy industry enables ma to understand the impacts of budgets on growth and gives ma the ability to make the sometimes hard decisions required to balance 'needs" with 'wants." As a manager familiar with strategic and long term planning I understand the need for implementing orderly and controlled processes for viewing a wide range of requirements and the benefits of consistency in any review process. Second, I feel a strong commitment to seeing our city grow and prosper. I was among the first graduates of the Delray Beach Resident's Academy (November, 2001) and found the experience both educational and inspiring. I learned a lot at that time I promised myself that I would be back to take a larger part in making our city one I was proud of. As a resident I take pride in "my city' and do all I can to show that pride by attending events and taking an active part in city business. I have attended numerous Commission meetings and learned a lot about the process of how our city government operates. Now I feel it is time to give something back and participate in a way that will have an impact. Instead of just talking about what happens, I want to volunteer to help make things happen. Finally, I believe the r,;cds of all our citizens should be served in a fair and compassionate manner. The many boards in our city are charged with implementing the rules and procedures by which we live. Rules make Our - society ordedy and allow opportunities for all to live peacefully and in harmony. Yet I believe those rules should be enforced with an eye toward the end result they ware intended to achieve. As such they must be dealt with in a fair, responsible and compassionate manner that allows all city residents to enjoy the city's benefits and its opportunities. ~498 HARBOR CIRCLE DELRAY B,E~. CH, FLORIDA 33483 HARVEY D. STARIN TEL 561-272-1665 - FAX 661-243-6087 - EMAIL. hstar n~ao .com Strong Sales Skills, Focused On Results & Customer Satisfaction · Slrong customer relationship management skills and extensive customer service experience · Skilled at customer development and sales. · Highly organized time manager, adept at balancing multiple competing objectives · Extensive customer facing direct sales and sales management experience · Excellent writing and presentation skills. · Skilled tm&show manager, from concept and theme development to show/booth management. · Licensed US Co~t Guard Captain BS, Advertising and Marketing, UniversRy of Florida MBA, Univ~ity of Flerlda Kellogg School, No~hweztern Univ~sity, Executive Leadership Prol~ am -- PROFESSIONAL EXPERIENCE Senior Marketing Executive Experienced in Marketing, Sales, Strategic Planning, and Operations 2001 to 2002: Saratoga Tdecom, I~e.: Nafiomd ~ ~ l~m~ger. Hired, developed and managed outside sales force selling telecommunications services to and prepaid phone card products to the maritime indusuy nationwide. Performed direct customer contact. Developed retail sales siraiegies to increase volume and market penetration in this highly competitive indusWy. Developed and prepared reports for sales, distribution, sales force productivity and demand forecasts. 1999 to 2000: e-exhibit, enm~ Boea Raton~ FL Co-Founder and President of Imen~et Business-To-Business e-commerce starmp vmture with respons~ility for all activities associated with creating and building the first Intemet "Virtual Trade Show." 1997 to 1999: Lucent Technologies New Ventur~ Group~ Murray Hill NJ General Manager- Persystant Technologies: Created and hunched a new Lucent Internet startup venture for the delivery of interactive training over the Internet. Respons~le for negctiating and closing all imtia] test customer and first service client contracts with Fortune 100 £~ms. Crented the vision for the company, directed software development and all customer related activities in the mult~ilhon-dollar adult learning, corporate training market space. 1993 to 1997: Lucent Teehnokmies & AT&T. Baskin~ Ridge. NJ General Manager - Learuing Works: Created and brought to market the Lucent Technologies "Learning Works" integrated solution business to address the multibillion dollar opportunity in applying high technology go the trainin~ and education market. Successfully initiated product testing and first service sales with senior training and corporate executives of parmer £ums. Director of Marketing and Strategic PfanMng: Created and coached the tram, that delivered high impact customer sale support applications to support penetration of visual communications prodBcts alld network · ervices among large business customers. ~1988 to 1992: AT&T General Bnsiueas Systems. ParMuoanv, NJ Product Marketing Direetor. Responsible for all product marketing activities, mark~ing collateral development, sales support materials, trade show management and execution and media relations. Other Experience: AT&T Information Systems: Branch Sales Manager - Ft Lauderdale, FL and Atlanta, GA. To: From: Date: RE: DELRAY BEACH COMMUNXTY REDEVELOPMENT AGENCY MEMO David Harden, City Manager Diane Colonna, CRA Executive Director April 24, 2003 Appointment of CRA Vice-Chairman Florida Statutes Chapter 163.356(c) states that the governing body of a municipality is to designate the Chairman and Vice Chairman of the CRA Board. The CRA Board appoints its own First Vice Chairman and Treasurer. With Kevin McCarty's recent resignation, the office of Vice Chairman is vacant. John Weaver is the current Chairman, and Howard Ellingsworth is the First Vice Chairman. Please place the appointment of a new Vice Chairman on the next City Commission meeting agenda. Attached is a list of current members and their terms. Thank you for your consideration of this matter. c: Barbara Garito, City Clerk Bob Federspiel, CRA Attorney COMMUNITY REDEVELOPMENT AGENCY 4 YEAR TERM 104 W. Atlantic Ave. Delray Beach, FL 33444 04/03 TERM EXPIRES REGULAR MEMBERS OCCUPATION TELEPHONE 07/01/2005 W. Howard Ellingsworth, 2"d Vice Chair CPA Office: 276-7468 Appt 06/17/97 243 N.E. 5th Avenue Home: 278-1899 Reapt 06/19/01 Delray Beach, FL 33483 Fax: 276-7679 07/01/2006 Howard Lewxs Business Owner Office: 276-5183 UnexpAppt04/15/03 2953 Sabalxvood Court Home: 498-3651 De[ray Beach, FL 33445 07/01/2004 Brenda B. Montague Real Estate Office: 278-3388 Appt 06/20/00 2948 S. W. 22nd Circle, Apt. 5C 243-6325 De[ray Beach, FL 33445 Home: 272-0257 07/01/2005 Charles Ridley Office: 276-6755 X205 unexplredtema01/08/02 137 SW 12e'Avenue Home: 276-4223 Delray Beach, FL 33444 Cell: 274-3700 07/01/2005 [ames L. Shuler Funeral Director Office: 265-022 unexpired term 05/15/01 606 West Atlantic Ave. Embalmer Cell: 441-1129 Reappt 06/19/01 Delray Beach, FL 33444 Fax: 265-2730 07/01/2003 John Weaver, Chair Engineer Office: 243-8700 Appt 06/20/95 310 S. E. 1st Street, Suite 4 i Home: 276-7064 Reappt 06/01/99 De[ray Beach, FL 33483 07/01/2005 Franldm Wheat Realtor Office: 278-2628 Unexp Appt 04/15/03 12195 South Dunes Road Home: 737-3600 Boynton Beach, FL 33436 Contact person: Executive Director Diane Colonna 276-8640 S/City Clerk/Board 03/CRA MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~. AGENDA ITEM # (~ - REGULAR MEETING OF MAY 6. 2003 . T FICAT,ON OF AP O N ENT TO THE MANAGEMENT ADVISORY BOA DATE: MAY 2, 2003 Mr. Robert Costin, representative of the Community Redevelopment Agency for the Parking Management Advisory Board has submitted his resignation. The Community Redevelopment Agency has elected Mr. Howard Lewis as Mr. Costin's replacement effective immediately for an unexpired term ending July 1, 2003. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA) as well as all public parking areas located along State Road AIA within the corporate limits of the City. Recommend City Commission approve and ratify the appointment of Mr. Lewis, representative for the Community Redevelopment Agency for a term ending July 1, 2003. S/City Clerk/Boards/Board commission rnemo/pMAB 03-05/06 Page 1 of 1 Schell, Karen From: Colonna, Diane Sent: Wednesday, April 30, 2003 2:22 PM To: Aronson, Scott Cc: Schell, Karen Subject: Parking Management Representative Scott, I forgot to tell you that at our last meeting the CRA appointed Howard Lewis as their representative to PMAB. Which I guess means another person wilt have to be appointed from the West Atlantic area. Sorry! Diane Colonna Executive Director Delray Beach CRA 104 West Atlantic Avenue Delray Beach, FL 33444 (561) 275-8640 dcolonna~lelrctycra, org 5/1/2003 January 17, 2003 Ms. Barbara C. nm~o, City Clerk City of Delray Beach 100 N.W, 1~t Avenue Del~ny Bench, Floridn 33444 Pursuant to Floricl~ Statute 99.012(3) (A), I hereby tender my resignntion for my seat and position which I l~resently hold on the Delray Bench Community Redevelopment Agency, effective Thursdny, Mnrch 27, 2003. Tl~qnlting you in ~dvance for your kind attention to this mntter. I Bob Costin MEMORANDUM TO: FROlV~ SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGE R/~ AGENDA ITEM # x ~. - REGULARMEET/NGOFMAY6.2003 APPOINTMENTS TO THE PUBLIC ARTS IMPLEMENTATION COMMff~EE DATE: MAY 2, 2003 On April 15, 2003 Resolution No. 26-03 referencing the Public Arts Implementation Committee was passed and adopted. The Public Arts Implementation Committee shall consist of nine members; four members being Richard McGloin, Glenn Weiss, Nancy Davila and Joan Goldberg are requested to be ratified by the City Commission and five members are to be appointed by the City Commission. The five members being appointed shall include three laypersons, an accountant and a legal professional. The target date of accomplishing said task shall be October 1, 2003. The following have submitted applicatiom for consideration: James Anelh DorothyBeck McCall Credle-Rosenthal Blane De St. Croix Sharon Koskoff Lenore Morris Carolyn Pendelton-Parker Norbert Poli Julia na Steele Sally Still Gonsalyes Sarah Williams Financial Marketing Manager Art Consultant Art Professor Artist Art Comultant Landscape Architect Executive Director Assistant Director (accounting background) Attorney Landscape Architect Based on the rotation system, the appointments will be made as follows: Commissioner Costin (Seat # 1) Commissioner Archer (Seat # 2) Commissioner Levinson (Seat # 3) Commissioner McCarthy (Seat # 4) Mayor Perlman (Seat # 5) Layperson Layperson La) person Accountant Legal professional Recommend ratification of Richard McGloin, Glenn Weiss, Nancy Davila, Joan Goldberg, and appointment of five (5) members to the Public Arts Implementation Committee for a term ending October 1, 2003, and appointment of chair person. pELP~Y BEACH 1993 2001 CITY OF DELNAY BEACH BOARD MEMBER APPLICATION foil iafomuti, 2. Home Address: --,- , ~}~ -~P C°,de, l 3. Legal Residence: -- ~ _ 4. P~dp~ Bus.ess Ad~ess~ ~ ~ S~te ~pCode 5. Home Phone: Bus~e:s Phone: E-~ Ad~e~s: ~ Phone: lit'. ~ -- ~ ~ F~: 6. ~e you a revst=red voter? y~ If ,o, whe,e . . ?. ~.t Bo.~d(s) .~e you m~e~ested ~ ~e~ · ~st ~ Ci~- Bo~ds on w~ch ,,ou ~ ~- ~ ~ ~-~ ~en~ or nave p~ou~, 10. ~st ~y related pmfessio~ns ~d ~ce~ 11. Give your presen~ or most ~ecent ~ployer, md ~fion: 12, D~ ' ' - ~ · · ~_ . ,. ~. ,. . _ .... ~c~,~l~.~.~d ~ea m ~s appu~u~ ma- ~u~ f~d-'-- ---- ___ . . - SIGNA~ [, - ~- - ~ :e 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. James IL/melh 04 - 1999 to Present 05-1998 to Present 05-97 to 06-98 01-97 to 05-97 05-92 to 12-96 ALH Capital Services, LLC Conduit Lending / Mortgage Syndication ALH Capital Services, LLC is a scrod mo~gage cunduit lender offering its specialized loan products through a network of originating first mortgage lenders nationwide. ALH's typical client borrower is seeking higher leveraged loans but is unable to qualify for the Iraditienal FNMA or FHLMC conforming ALII prodnet hn~ reenfrvod frmn ~andard and Poors · formnl c~edit estimate M' single A minm (A-), creating a product of institutional quality, tendy for sale into the ABS / CMO markct(s). Merchant Banking Advisory Services to the Real Estate hdustry Licensed Florida Real Estate and Mortgage Brokerage Company Acting ~s. principal/joint venture partner, Anella & Co. provides institutional / opportunity fund "equity pnrmers" and/or commercial debt to Real Estate Operating Companies (REOC) for consolidation and development opportunities erected internally or retained by third parties to facilitate. Mann~ine Director, Real E~tme Fin&n _re_ Internatienal Technologies & Finance (ITF), New York, NY Corporate Finance for Real Estate Investment Trusts (REIT) utilizing a private placement stracture and institutional / aplx~tonity fund capital. .Associate Whartun Capital, New York, NY Wharton, managing CS First Boston capital, identified, structured and funded through private placement financing(s) "discounted equity" uades with publicly lreded US companies. President / Founder Kewa Humate~ Inc. Santa Fe, NM Initiated mine aperatiuns and product research / development for the mineral Humate (soil amendment / animal feed supplemen0, Research project at the largest irrigated commercial fium in the US; the Navajo Agricultural Project Initiative (NAPI) led to the development ofa "Probintic" soil amendment. Application of Kewn's products on unproductive or chemically destroyed soil resulted in the subject soil acquiring a soil profile of a multi year "organic". Kewa products' Increased the effects of lreditimml chemical fertilizers allowing for a reduction in their application (50% plus) while maintaining or increasing yield and improving protein content of the various crops and improving the water retention of the subject soil while minimizing the ~ontaminant effects of traditional agriculture fertilizers on the subject soil and existing ground water. Kewn Hum~tes, Inc. wm risked to join the Intemati~al Fertiliz~ Association (IFA), Pads France in May, ! 995. WA membership is by invitation only and the organization is the l~xgest independent fertilizer ~ association in the world. 01-91 to 12-95 09-88 to 12-90 08-87 to 09-88 05-86 to O2-88 01-86 to 05-86 i 980 to 01-86: Animal f~ed supplement R and D obtained similar success in: Dairy cows: yield increases equal to "BZT" while increasing the productive lactating cycle~ of the animal. Poultry: decreased mortality (32%) and increased feed: weight conversion allowing fo~ mo~e bird~ to reach mkt weight ~oone~ while reducing feed costs. Mexico City, Mexico Formed and owned majority interest in two Mexican companies. Comprodi, SA de CV and Grt~ Q*,,~r, SA de CV. Comprodi was fo,-~od to import co-,, into Mexico and the exportation of seafood (shrimp and lobster). Grupo Quasar imported "used" on'rent technology equipment and "close out" merchandise. I also owned a min~rlty interes~ in and exclusive marketing rights to "La Cooperativa la Vuda Negra", a fleet of 11 shrimps beats based in Tampico, Mexico. Trading operatim~s continued in conjunction with the management of Kewa Humate~, Inc. until 12-95 when I sold my interest in the shrimp fleet. .Assistant to the Pr~id~t lmmkirk Financial, Los Angelea, CA A financial eonee~n that administered a Print and Adve~ing fund for its wholly owned sul~idiary;, Distribation Expense Company. Vice President Distribution Expense Company (DEC), Los Angeles, CA DEC made print and advertising loans to independent producer(s) and dis~ibut~s in the film indus-Wy. ~lm Producer London England and Los Angeles CA Az Executive Producer, I arranged f~. the financing and werld wide dis~'butie~ for the feature length motion picture "Chameleon" which ~ sho~ in and around Sou~h Africa. The financing was a combination of South African tax advantage investment, private investment and print and advertising monies bom DEC. President Todhunter & Co. Irving, CA The US subsidiary of C. Sturge & Co, Merchant Banking, London England. Todhunter & Co. was a NASD Licensed Broker Dealer. Employee in Tminina C. Sturge & Co., Merchant Bankln~o Lcadon, F. nEland Moved to l.~:mdon to learn the operations of C. Sturge & CO. to facilitate my position at Toc~unte~ & Co. Between college and my position nt To~unter, 1 ~ involved in the marketing, Mructure and sale of vm'ious tax advantaged inves~nent's. First as a salesman 2 Licenses: Membership: Affiliations: Education: Personah and thea as a promoter for my own oompany which sold motor and sailing },achts to NFL playea, s. Florida Real Estate Broker Florida Mortgage Broker NASD Series 24, Registered Principal - inactive NASD Series 7, Registered Representative - inactive NASD Series 21, Limited Parmerships - inactive FM-3 Work Visa (Mexico) - inactive Who's Who of Yonng American Businessman - (nominated 1986) Founding member of Seas of Italy, Delray Beach, Fl Chapter "Big Brother" in the Big Brother / Big Sister program of Paim Beach County University of New Mexico Major: Economics, Political Science and Philosophy Minor: Geography Date of Birth: 18 July, 1958 Martial Status: Single, twice divorced 1045 East Atlantic Avenue, Ste 214 Delray Beach, FL 33483 Tel: 561.266.9031 Fax: 561.266.0339 BOARD MEMBER APPLICATION 2001 JO. ]..m an,), RECEIVED AU6 2 ~ 2002 CITY CLERK 243 3T74 CITY CLER~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2. Home Address: 3. legal 5. Home ~onc: Ba~s 6. ~c ~ 7. , 10. ~st m? ~d~t~ pzo~es~on~ f 1L G~e yo~ 12. D~ ~, subm/tted. It ~ be =he appI;cant's r~ponslb~,O. ~ ensure that a cur~fitM~ppl~dn~.~4d~Je. ~e ~ APR 1 5 2003 3993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION I. h : 5. Ho~e Phooe: Bn~e~ Ph~e: ~ Ad~s: ~ Ph~e: F~: 7. ~ B~dCs) ~e you ~cd 8. ~ ~ ~' Bo~ds ~ ~ch you ~ ~g). ~ ~ ~ve ~ous~' s~ed: ~l~e ~guge ~tes) apl: z~--.,,un on in the City Clerk's Office ..b.~,,ee. ~, ~ b. the -.,~'~.,', ..~-,~,~ ,o =,,,,e .'-, CITY CLERK 1 2001 CITY OF DELRAY BEACH - BOARD MEMBER APPLICATION Home Addreu: Nme same 4. PJ:incipxl Business Address: 277 SE 5th Avenue Phone: Phone: 561-272-3635 561-279-8952 6. Are you · ~/stered vote=? Delray Beach F~M~lAd~as: licksteinO 561-441-0222 ]£so, where &re you ze~istered~ '~'hat ~oard(s) tre you iht=cued in ser~n~ Please list in ord~ of preferonce: ~ Code Zi~ Code FL 33483 561-279-061: 8. List ali City Bo~r~ on which you &re currend) sefl*m8 or h,ve p~vionsl), served: (Please include dates) None 10. List ~) rehted prof¢.ionnl cestificauons ~nd licenses which you hold: , Certified General Contractor Il. Give yo~ present, or most recent employer, and poshJon: , 12. skiJh or knowledie ~;hich qutti~ you to *m,e on this bold: (Phase atuch · i~iefresume) contained ,1,;, ~lica= mtemen, .u.are true, and I t . that an} . ofmatem] facu 'rP uon may cause forfeiture upon my part of any appomlment ! fnny ~%"ave. ~1ote: This . rema~ on fi/e in the City ~ · 2 ?ers G.om the date it was subnutted. It ~ be the applicant's responsibility to ensure that · cu~ent application ts on ~e. CARY GLICKSTEIN 277 Southeast 5t~ Avenue Delray Beach, Florida 33483 Tel: (561)279-8952 Fax: (561)279-0611 Email: cglickstein~ironwoodproperties.com 1/91 - Present Owner/President; Ironwood Properties, Inc., Delray Beach, Florida Real estate development and construction company specializing in high-end, multi-family, in-fill development projects and custom single-family homes in South Florida. 4/89- 1/91 Senior Vice PresidenffGenerai Counsel; Falcor industries, Inc., Osaka, Japan / Honolulu, Hawaii Appointed by senior creditor, GE Capital, for asset management and disposition of Japanese subsidiary's U.S. real estate assets. 5/85 - 3/89 Associate; Finley, Kumble, Wagner, et. al, Miami, Florida; .Attorney at national law firm representing institutional and private real estate developers and lenders m connection with real estate acquisition, finance, land-use planning, development, conslruction, and asset disposition. BA, 1982, University of Hawaii, Honolulu, Hawaii JD, 1985, University of Miami School of Law, Miami, Florida Date of Birth: 6/6/59; Ft. Lauderdaie, Florida Married; 3 children Social Security Number: 266-43-3240 Professional Licenses:Certified General Con.actor, State of Florida Attorney, State of Florida (inactive) Affiliations: Associated Cnmeral Contractors of America; Urban Land Institute; Florida Bar Association; Trustee, Beach Property Owners' Association, Delray Beach BOARD MEMBER APPLICATION 1~03 2001 t. /~st N~me: 3. ~ Residence: 4. pzincip~ Business Address: 5. Home Phone: Business Phonc Cio/ Cio/ S,,,2 ) Code Zip Code Zip Code E-Mail Address: Fax: Ii' so, where ar~ you ~e~isr~red~. ~c~ sde~ of p~fereuc~ 8, List ~ll Ci~, Bo~ds on which ~:~ sre cm'r~ servir~ o~ h~w p~*vious¥ served: (Plesse i~ciud~ ~.~ . ~-/~/(~"~/,,e'l' 10. ~st ~y r~t~d pmfes~ c~ _ '.s~ c~flKsg~s ~d hc~s w~ you hold: 11. ~ivc yp~ p~scn~ or most r~mt ~ploy~ ~d 1~ Dcs~be ~s, ~s o~ ~ w~ ~ ~ ~ ~ ~ ~s ~: ~[~e a~ I P'no~e & Fox 561 ~o76~9995 sharonk@odelphia.net To Whom It May Concern: SHARON KOSKOFF 325 SW 29TM Avenue Delray Beach, Florida 33445 Phone & Fax (561) 276-9925 I hereby submit my application to the Public Arts Implementation Committee of Delray Beach. I attended meetings for the Public Art Task Force Committee and helped to wdte the recommended Ordinance that resulted from those meetings. Delray Beach has been my home for seventeen years. I have been active in public art from designing the Odginal Art & Jazz poster, to eight Community Mural Projects, to the First Night Puppet Sculptures to the most recent Toussaint L'Overture Flower Festival. (See Attached Bio.) I have worked closely with Marjorie Ferrer on many projects. I have served as a sculpture judge for the Delray Affair for the past ten years and I am currently teaching art classes to youth at Old School Square. I am president of the histodc preservation organization, the Art Deco Society of the Palm Beaches and recently led a highly successful walking tour on the first day of Spring, entitled Deco in Delray. I am one of seven chosen artists to work with Rick Lowe on Pineapple Grove's Cultural Loop Project initiated by Glenn Weiss and managed by Lori Durante. I have been matched with Old School Square and will create the Open Door Project. Community participants will paint and collage their personal histories and ideas on dozens of donated 'open doors" that will be displayed on the four corners of the Cultural Loop in November! Please consider my application for the Public Arts Implementation Committee of Delray Beach. Respectfully, , , Sharon Koskoff ,,~,~' SH,~, P, ON KOSKOFF 325 SW 29TMAvenue Delray Beach, Florida 33445 Phone & Fax (561) 276-9925 On Site - Cell Phone (561) 702-0238 Email - sharonk(~adelphia.net haron Koskoff is a full time professional artist known for her Decometric murals, giant puppets, environmental designs, children's programming and love of architecture. As t a fine arts major of sculpture and photography, she received a cum laude Bachelor of Arts degree from Brooklyn College, and a second degree from the New York School of Interior Design. Koskoff taught at the Armory Art Center for the past fifteen years and is currently teaching at Old School Square. She is also well known as a lecturer on the architecture and stylings of Twentieth Century design. Koskoff is the founding president of the historic preservation organization Art Deco Society of the Palm Beaches, and a past vice president of the Artists' Guild of the Norton Museum. Koskoff enjoys working on both public and private commissions while designing needlepoint for her own company, New York Needlecraft! Sharon Koskoff has received eight consecutive grants from the Palm Beach County Cultural Council for the Neighborhood in Artist Residency Program (NARP). This programs funds group art projects in multicultural areas. The results of these efforts have been the public murals in Delray Beach entitled the community mural projects. Koskoff has also painted over seventy murals in nineteen public schools throughout Palm Beach County. For New Years Eve Celebration "First Night' 2002 and 2003, Koskoff worked with ten community school/organizations, each creating a fourteen-foot tall giant puppet for the People's Procession in Delray Beach. · In 2000, Koskoff appeared on the nationally televised Home & Garden network program Modem Masters. The Coney Island themed mural environment she designed in a nine- seat "home theatre" in Admiral's Cove, Jupiter was the focus for the Sunday evening show. She receives continuous coverage of her latest projects and has been repeatedly represented on the cover of every major publication known to South Florida. Koskoff has taught art classes and workshops in many educational facilities as the Norton Museum of Art, the Boca Museum of Art, the Edna Hibel museum, PBCC, PBICA, Art Institute of Fort Lauderdale, Lynn University, and public libraries, etc. Sharon and her family moved from Brooklyn, New York to Delray Beach, Florida 17 years ago. Her father, Rubin Koskoff, works as her assistant. Sharon Koskoff PUBLTC COMMISSION American Heart Association - Signature Artist, Wellington ARC - 4 Murals - WPB Armory Art Center - 'Artists Ball" 5 Years - WPB Art & JA~-/on the Avenue - Poster, Delray Beach Artigras - 2 Murals - Jupiter Atlantic Community High School - 2 Murals - Delray Beach Belvedere Elementary School - 7 Murals - WPB Boca Raton Elementary School - 2 Murals - Boca Raton C.W. Gerstenberg Hospice - Children's Bereavement Mural - WPB Carver Middle School - 2 Murals - Delray Beach Cezanne Jazz Club at Sheraton Hotel - Mural - WPB City of Aventura - 3 Murals - Founders Day Festival - Aventura Coffee Gallery Caf~ - 3 Murals Lake Worth / 4 Murals - Stuart Connor Moran Children's Cancer Foundation - Murals - WPB Del Predo Elementary School - Cafeteria Murals - Boca Raton Delray Beach Flower Festival - Millennium Project -2000 - 15,000 Flowers Delray Beach Flower Festival -Toussaint L'Overture H. S. 2003 - 15,000 Flowers Delrey Beach Multicultural Festival - Mural - 2002 - Delrey Beach Delray Full Service Center (Old Carver Middle) - Murals - Delray Beach Eagles Landing Middle School - 7 Murals - Boca Raton Environmental Resources Management Of Palm Beach County - Murals - WPB First Night 2002 and 2003 - 10 Puppets on Wheels - Delrey Beach Galilee Retirement Village - 7 Murals - North Palm Beach Good Samaritan Hospital Kids ER Lobby - WPB HRS Lobby & HRS Pediatric AIDS - Riviera Beach JCC - Theatre Production Mural and 6 Sculptures - WPB Jefferson Davis Middle School - Murals - WPB Loggers Run Middle School - 4 Murals - Boca Raton Love's Drug Building - 1" Community Mural Project - Delray Beach March of Dimes - 8 Murals Panels - WPB Mario's Market - Extedor Murals - Delray Beach Morikami Park Elementary School - Murals - Delray Beach Norton Museum of Art - 2 Murals on Canvas, 2 Wood Cutouts - WPB Northmore Elementary School - 2 Murals and 1 Collage Mural - WPB Odyssey Middle School- 10 Murals - Boynton Beach 13ffice Depot Corporate Headquarters - Murals - Delray Beach Palm Beach County Millenium Council - 3-D Mural Collage - Time Capsule - Travel Exhibit Palm Beach Gardens Hospital - 10 Murals - Palm Beach Gardens Palm Beach International Airport - 2 Murals - B & C Terminals - WPB Palm Beach Public School - 2 Murals - Palm Beach Palm Beach Zoo at Dreher Park - 4 Murals - WPB Palm Springs Elementary School - 2 Murals - Palm Springs Palmetto Elementary School - Murals - WPB Parker's Kitchen Building - 2 Murals - Delrey Beach Pine Grove School of the Arts - 15 Murals & 5 Metal Sculptures - Delray Beach Post Card Murals Sent to the US Troops In Saudi Arabia Sharon Koskoff PUBI_IC COMMISSIONS (CONTINUED) Quest Theatre - Theatre Design and Murals - WPB Ranger Construction Corporate Office - 3-D Mural Collage - WPB Robert Montgomery's Home Safe Project - 3 Murals - Lake Worth Royce Hotel - Murals - Fort Lauderdale i~D Spady Elementary School - 11 Murals - Delrey Beach Solid Waste Authority PB County - 'Do the Right Thing' Campaign South Florida Science Museum -2 Murals - WPB St. Mary's Hospital - Murals - WPB Sugar Sand Science Playground - 4 Murals - Boca Raton Sunfest Banner Project - 3 Years - WPB Sunrise Park Elementary School --3 Murals - Boca Raton United Way Day Care - 5 Murals - Pembroke Pines Washington Elementary School - Murals and Gardens - Riviera Beach West Palm Beach Centennial - Murals - West Palm Beach West Palm Beach Children's Museum - Mural - WPB Whispering Pines Elementary School - 12 Wood Cut outs - Boca Raton 3oca Raton *r / Iss,~e ~ 4 THE LEADER IN LOCAL NEWS 2 s~euo~ / ~ r IRAN NEW NIGI kay's Fast Night celebration has a different look lhis year- m LIFE STYLE l iscoverin " The search Is on in Delray Beach: wheel, ~t eyes dm'Ling from one side of tlxe road to ~e other, Sharen Koskoff ~ on ~i. ~o~ng ~ ~t~ of ~ ~h Co~ty, ~ ~{.hes, l~ng f~ a ~n ~ ~ ~ ~ ~ver- older ne~t}.~rht~s. ~icu~y ~tw~n ~ Aden M~er- ~co ~ of ~ ~ ~he~ ~e ~ a ~d~le ~unt of ~ "Mar,~ people .don't know what art ?~,o is all about, says Koskoff. #If you aa~ an old Piea~o bt the attic you'd throw It away lfyo~ didn't k~ow v,'}tat it was. The key to tJ~ whole preservation over a Piea.q~qo jt~st becatr~e you need a new can .v~s...In this case, you don't tear an old building just to build a new one. into ~e,ms with a little work and the fight l~eo d~red to be dLi~erent meau, which is frilly and feminine,' Kos- &off $e~s. '*rhexe is nothing wimpy or cu. r~ 0" ' The Palm Beach poSt ' ' --LOCAL NEWS ~ ARTIST AT WORK DELRA¥ BEACH - ~aron Koskoff fills in detail for the mural she and other volunteers have been painting on the o/d~'s Drug Store on Northeast Second Avenue. The three panels are nearly (lone. Mural has Delray danein~ in streets Parry celebrates r Times "'"'"' I Mural, mural On the wall? Delray Beach mural adist Sharon Kosko{f, along with some helpful volunteers, put the finishing touches on a mural jl~l~rltapainted on the side of a podable classroom at~ ry. The mural themed, A 8ohool ol Fish, mpr~senls parent, teacher and student involvement in the Montessod Method learning process. Above: Koskoff (left) and Sue Brainarci (right) paint away at the mural last Tttursday. Right: Daniel Ferriedo, 8, carefully lends a hand es he helps finish painting on the side of the portable. Sma' ~,~4~a b/JON WAY Wh~n g~aroq Kosla~ ~ r.4~'nmL,,~ion~:d t~, crea~¢ dramatic j~k~ ~i~n, ~r g~d w~ ~o ~ray the e~n~ ~ t~' Palm ~ac~ Her ~ round, an u~erwaler co~] rix'( (aN~x'e), is I,xat<'~ n~r d~<. h~n~ oe ~ou~ B. Afit-r ~ketchi~g an initial d~i~. K~ff g~ t~ w~ ~,ng 45 I~nd-m~ c~. "&~c mu~[~ ~ve ~ few ~ eigh~ c~r~ R~ d~. tuber, I~t~ ~ ~¢~ C, K~w h~r i~mt~ Imm ~ou~h t~ ai~m e~h ~y. "l ~ ~ inm~i~ whe~ ~e¥'d ~' if Ih~T ~'1 ~ ~m t~i~l ~. ]~w t~t mural, I ~ a Io~ ~ hh~ and ~y~ ~l~ advant~ ~ thr col~," K~' exrlains. ~ ai~ b nol Ihe ~' ~e m d~b¥ ~is ~lny ~ m~l am~g ~. You ~ ~ch a ehm~ of iht Ir~1~ica~ rain f~l s~' ~linle~ ~ ~ exteri~ ~11 of Palm ~ach Ele~nmB. ~c~l em C~mr¥ R~ m Palm ~:~:h ~w t~ ~ral m~al az ~er Mille ~1 ~ ~'i~ R¢~ in ~lmy ~ach. ~her coml~lcteJ as a D~n t~ tl~. c~ntyg Ne~h~a~ An i~s m R~i~nc¥ Kitchens ;~t 7LX) ~". Atlantic AYe., and Old ~r bli~le ~x~l m t~1 al~, an in~n;ch~t al ~he Arm~ An C~n~er, a ~nki~nt in Proj~ ~p (a ~zm ~si~e~ to help teachen mc,~xm~te an in~o lh¢'ir cunicula) ~ t~ pm~ of thc An ~ ~ieq' d the Palm ~h¢~. K,sk~-u~u u bi~ ta'a thrill ~ch time she ~s her ~r[. "hg ~a[l¥ an h~ms to We m'o murals in an imer- mttt¢~:~l air,ri, h f~'rls really gtcO.' And ~c m~s ~[e t~'rlen ~1 ~, Wing dwm a l~sn~ lm~s;on of thc Palm ~achc~. - ~ ~us 170 I'~.1 ~.~ BIALTH ILLUSTP~T[I) 4L~ · 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION o~per....~.at~A_rt/T,~ou~rs,'..Th~ e.Ci..ty of Bevedy Hills, The University of Judaism and - , ,=o ~ ~=~l, re. Ua, I I~ UOOa RalDn F~ BOGa ~c~ ~. L~ ~m~:~e~. ~, C~ ...... -'- "- & R..A,~I~_ * New Ymk. N.y. ~ DISCOVER THE PASSIONATE WORLD OF ART COLLECTING GAIN KNOWLEDGE AND ENTHUSIASM IN THIS UNIQUE INTERACTIVE SEMINAR SERIES. MEET PROMINENT AND DISTINGUISHED FIGURES IN THE WORLD OF CONTEMPORARY ART COLLECTING, INCLUDING AUCTIONEERS, CURATORS, GALLERY OWNERS, ARTISTS, INTERIOR DESIGNERS, ART COLLECTORS, SCULPTORS, AND ARCHITECTS. TOPICS MAY INCLUDE · ART LAW · INTEGRATING FINE ART WITH INTERIOR DESIGN · ART COLLECTING FOR INVESTMENT/PROFIT? · INSIGHTS AND SECRETS OF ART COLLECTING · ART AND AUCTION · WHERE TO BUY ART- NEGOTIATING PRICE · THE FINE ART OF CLASSICAL FRAMING · GLASS ART AND MUCH MORE 1993 ~001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION lUlense type or pzint the fol]o~i~ ~fiom 2. Home Ad&ess: ~ City State : Zip Code 3. Legal Residence: City State ~ 4. Prindpd Business Add,c~s: City State Zip Code 5, Home Phone: Business Phone: E-Mail Ad&ess: Cell Phone: Fax: 6. Are you n reg~stered voter? .,~-e.~_~ ifso, wheteareyoutegisteted?..~;~Z,.:Z~z~.7,/C:~C~,(_~,.~Lr 7. What Board(s) ate you L;i~,~6i~d ia serving? Please list in order ofptefei~ce: 8. List ~lJ Cia3. Boards on vchich you are currendy serving or have previously served: (Pl~.ase ~ad~de dates) 9. .Educational quz!ifications: -_ -- 10. List any related profession~d certifications and licenses which y6u hold: ~ 11. Give )'our F:ese¢,t, or most i~,t employer, and positios: 12. Describe exp~;e,,ces, ~kilh Or k~ow]~ ~.~ qtl~J~ ~ m ~ o~ this boiled: 0mJe~e attach t brief ~esume) . upoa m~ p~-t or auy ~ppoimmmt ! m~y r~'cclve. ANCHEZ & MADDUX, INC. ' ~ LANDSCAPE ARCHITECTURE ~ Carolyn Pendelton-Parker, ASIA .~._ ,-.:-. ,.-,__, ,_ ,-.. ...... I Project H,,~ge. City Clerk's Office for a period of 2 years from the date it was 140 Royal Palm Way, Suite #206, Palm Beach, FL 33480 :sporlsibility to ensure that a cunent application is on file. Tel: 561-655-9006 Fax: 561-655-9007 } ~crryc~uc~.~uv~uo.r, ow E-mail: smila@bellsouth.net carolyn@smila.net 5/mae O~ ~ Lar~scape Afchilec~ Re~ls~a~o~ No. :~95 and 223 Carolyn M. Pendelton-Parker I~nd~c~pe Architect PB$&J Education MLA, Landscape ArchiMcture, Harvard University CO, Ompl~c Art, P~lo~l N~ve Pl~t ~ ~un~ g~l~: C~ ~ ~y ~ch ~=~ 2020 Iris. Pendeit~-Pmk~ has 21 ymn e~ence in die pracfioe of landscape aFchitecture and landscape com~u~o~, representative project experience includes; For Citrus Coum% Florida alon~ the W'flttlacoochee Trail and US41 an ecologic naive plant landscape trail roadway buff=, Tr~ and Pine vmleties were selected to FG~ the City of Tampa. Ms. Pendeltm-Park~ was involved in mas~- plne.~%a of 250 miles o~mban and suburban ~reenways. Urban bike routes, biking trails, canoe - kayak blueways and equestrian trails links C~3mtmi~es, par~ schools, both bays, and the urban centea'. Planning incl~d__~_ G]S me?pln~ public art, ftmdln~ re~ fature transpor~ion indexing and site analy~s. F~ Palms West ~i-cmmntmity conido~ plan, Palm Beach County, she designed the icmosrapby and place-making landscape architecture. Hardscape design included boardwalks, sidewalks, sound walls, and iptzebos. Linear parks and bluewuys were also developed at the master plan level. community pa-ks and trails lint the downtown to the residenees. Addifiomfly, equestrian and hiking uails ~i.t..oes encoufl~e community interaction. Fo~ the City of Dee~field and Broward County School Board she is p~ of & team developing a n~ghborhood park and athletic complex. Sports a~fivifie~ include basketball, softball, soccer, foolball, emnpefifive swjmm~uS, playsrmmds, tennis and Pineapple Grove Art Walk Publlcltionl: "A'dw C~m~mm~y P*tm"~mn MA' 3-Dimen~onal Studies. Harvard Gra&_~*_!e School of Design. Published: Princeton Press Studio Worl~ Volume 5, 1998 In the Village of Pinecrest, Miami ~he designed a seven-mile ;~t~.hensive ~ tree planfin$ pro. un utilizing sequenced flow~n__~ and broad canopy native species. Rmu:lways were shaded for aesthefcs and to low~ the Foadway microclimate. Public omruch, ecologic~ analys~s and CP2~ el.n~ we~ A~ a memb~ era flt~-pemm ~m, I~. Pendelton-Park~ modeled a new ~ca~e ~ommunity in Pete~ham, E~mchusetts fl~r 300 llve/wo~ ~dmts and cemmunity pafl~, trails and open space were developed with sempmial analysis (GIS) and tbree-~nensimml modeling Prineetoe Press published the planning ~me.~pt plannt~ for Hudsoo-B~r~man ~ Rail, h~'y City. A 2.2 ~1. W~- ~i~ ~ ~d~ ~ d~ ~ ~ ~ M~c ~ h~es, ~ in~, ~ nd l~5~'s ~. ~ nd hy~ ~ ~ .~ ~ f~ ~e m~fiple ~elds ~ ~e ~M. U~ ~ ~e ~ nd ~ ~ ~ ~ ~a p~ pl~ss. ~e ~ ~d~ ~le I~g ~1~ fil~fin8 ~i~ ~ ~- ~awr ~es ~ d~ f~ h~ m~s ~e ~d d~fi~. Wm-kin~ with ~tim, Doubles Hollis and Anna Murcb, concept design solutions for · ptrk in Cambri~e, ldassachusetts. Focused temporal indicaMn we~ constructed and tested as part of this study. The design entailed an all season re~lec6veAnter~dve wute~ ~_-~,~e ns env~nmmtal recorde~ acc~npm~ied by multi site wa~ the ~dte of ~e city's fo~mer landfill and an IList~ic pfi~m da~n8 fi'om the 1640's. of Fine Arts in Boston, ld~,,-~etts. Unique paving ~ and cre~ve ~ontour solutions focused the combined ud~an design and landscape architecture. She was part of the ~'~,,~ for the downtown redevel,~...mt studie~ for the Cit~ of' W'mt~ Park, Floddn. Ma~ter pl,~-~n~, historical research, economic-development She heeded up the Projoct plant ,~**_~1 ~ent nd pFocur~nmt For ~tlands at Paradise Is]nd, Bahamas. $1.2 ml]lion in plant materifds were c~le~ted, field ta~ed and export/'tmpo~ed, ~,~ the US, lamaica and the Caribbean. Her extensive expe~ence in u'opica] landscape Design-Build i~jects include estates in Manalapan, Delray Beach, I~ghland Bea~k Boca Rain, Hypoluxo Island, Palm Be~ch and Cypress Hud. She bas created o~ginal hrdscape design for several of these projects. Clients include Ron Peadmsn, Chris Everett, Sam Snes~ and Yvo~ne Lendel. Her South Florida C.~mm~m]ty landscape project management includes Hunters Run, Boca Woods, ~ Wesi, .~dmlrals Cove, Woodfield Hunt Club, Polo Club, Stonebridse, Les lardins, St. Andrews, and Olene~le~. Far institmion~l and c~mmerciel landscape ~ · ,%a ~e ~ Y~ B~p B~ ~ P~o ~ ~e B~ H~ P~ ~ ~ F~ ~ ~ ~n ~. She ~ ~-~ m~t nd ~lag~ ~ CB S~ P~k ~ ~bmke ~n~, PI~ ~ P~ ~ ~Mg~ ~e C~ Sa~ ~d ~ in ~y ~ ~ %e ~ ~ ~ P~ ~h nd B~ C~ ~ nd H~ in F~ ~e, ~y ~ P~ ~ F~ ~e nd ~~nd~ ~hB~FI~ Ms. Penddton-Parker was part ~ the Initial mtm responsible for C~nprehensive Cit~ Beautification Project for the City of Boca Raton, Florida. Landscape architectu~ ~y amdifions, utilities, rJsht of ways and M~d ~ were · pa~ of her ~ th~ was published as part of lhe study. This Ten-year imam was ~d~_~ by the chy ~Boca Reto~ tn I9S0. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please ~pe or pr/hr the followi~/n/'orm,do.: 1. last Name: ?ot~ i I~''~e/qo~.~:~x'- u.~. 2. Home At.ess: 3. ~ Re~dence: P~O ~Bu~ sad ess: 5, Home Phone: Bu~ess Phone: ! E-~ Ad'ess: ~ Phone: F~: 6. ~ you a re~stered voter? ~ If so, where ~ ~u ~stered~ 7. ~at Board(s) are you tolerated ~ se~¢ Ple~e ~st ~ o~er of p~f~nce: 8. ~st ~ OB- Bo~ds on w~ch }~u ~ mnfly sen~ or have p~ous~, ~: ~laase ~dude ~tes) ~0. ~st ~), rchtc~ p~c~sio~ cc~cadons l ~. Give your prescn~ or most recent ~pioye~, ~d po~6on: application will remain on file/n the City Cle-_k's Office for a period of 2 years fxom the date it was submitted. It will be the applicant's xesponsibility to ensure t.hat a current application is on file. llll! c, oF BOARD MEMBER APPLICATION 1993 2001 Please 1. L~st Name: lq~me M.I. "2. Home Address: Ci State Zip Code 3. Legal Resid-,,~-. O- City State Zip Code 4. Prlnt4pal Business Address: ~.) City State Zip Code 5. Home Phone: Business Phone: r E-Mail Address: Cell Phone: I Fax: 6. Are you a registered voter? NeC) If*o, where are you registered? ~b-W0n:~ 7. What Board(s) are you i.i~ted in sen, lng? Please list in order of preference: J:Mb\i ¢ A ~5 'Wb..5~. 8. llst ail Cig' Boards on which ou are oai~e.i,' ' · . y y servmg or have pre~oudy ~erved: (Please mdude dates) /'~o 9. l!idu~'~*ionaI qualifications: !0. List any r¢!~¢d professional certifications and licenses ~hich you hold: 11. Give your pre~ent, or most recent employer, ~d p~tion: hereby certify that all' the ll;~lve st-~.-,,¢n_ts ste true, and ! ~ lad underslamd that any mismtelllent of material facts contsined in this .application may cause forfeiture upon my pan of nay appoinunent I may receive. DA'I~ NO~c: 'I'~s $.DDJicafion will r~m~;v~ nfl ~1,- ;,~ v-~,- (';., t~l..t.,, r-.~:__ t_ . - ry for n period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a curt-eat application is on file. BOARD .MEMBER APPLICATION CITY OF DELRAY BEACH 1. l.s~ N,,,,o', - --"n ... pELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Pl.,se ~ or print the followi~ Z Home Ad~ss: 3. ~ Re~dence: ~ Sram ~p ~e 4. P~dp~ Bu~ess Address:~l~ ~ ~ S~te ~p C~e ~ P~ ~. ~ ~ P~ ~ ~ ~l 6. ~e you a re~stercd vote~? ~ 0. ~ so, wh~c ~c you ~st~ed? 7. ~at Bo~d(s) ~ you &ie,~sted ~ se.~.~? Pie~e ~t ~ o~er ofp~fei~ce: 8. ~s~ ~ Ci~' Bo~as on v'~ch you ~ ~.~y 10. ~st.~ re,ted ~mfessio~ cc~ficafions ~d ~censes w~ch you hold: 11. Give your presen~ or most recent employer, ~d ~sifion: ~ed ~ ~s apportion ~y ~u~ f~d~ ~n my p~ of~y ~mt I ~y ~e. 5IGNA~ " ' DA~ Note: ~s m~lie~g~ ~ll .~.;~ ~. al. 1- ~- P:-. ~,_,- ~.e . . :m: y Clerk's Of'ftce fo[~ ~p~-~'~/~l~rom the date it was submitted. It will be the applicant's responsibility m ensure that~ ~51~f16n is on ~e. APR 2 9 2003 CITY CLERK MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM 9I - REGULAR MEETING OF MAY 6. 2003 ADDENDUM TO THE APPOINTMENTS TO THE PUBLIC ARTS IMPLEMENTATION COMMITI'EE DATE: MAY 6, 2003 Mr. Car,/ Glickstein called and would like to resubmit his name to the Public Arts Implementation Committee. Mr. Glickstein's application was submitted with this agenda item. A copy is attached for your review. CITY OF DELRAY BEACH ~',,~c BOARD MEMBER APPLICATION 277 SE 5th Avenue Home P~G~e: 561-272-3635 561-279-8952 Nme Delray Beach FL 33483 E-l~il Addren: Cell Phooc Fsx: cglic~stein! 561-441-0222 ironvood* 561-279-01 6. Are you · ~,L~.--.~ ~,~;) If so, vh~ ~ ~ou re~btered;~ 7. ~t ~{s)'e~s~o~ i~a~ H ~ Pkue iht in orda of'prefmncc 8. List ~ O~' g,,~,~ o~ which Fou tre currm~, ser~inf:~ or l~ve lx, evloml), served: ~e incJude dstes) None B.A Univorsitv ~fNav~i3 J.D. Universitv of Miami School o~ Lay ~0./~t ~n), ~ted p~k.~oag c~iugoas ~d ~ w~ you hal& Certified General Contractor 11. Gkc yo~ prn~ ~ most r~.mt ~n~c~, sad poggo~ President, Ironvoog Pro~ret~e, ?~. 12. Demibe e~mces, skills or knave which qusli~ you to seru o~ this borrd: (Pksse ,,tach, bgef'resume) 4ate: This spplicidon ~ rem&in on fl]e in the CiV Clerk's Ofl~ce for a pegod of 2 yem from d~e d~te h vas submined. It ~ be the tpp§c&~i's respom~ili~ to mmre dm · cu~mt sppiictgon is off ~]e. CARY GLICKSTEIN 277 Southeast 5t~ Avenue Delray Beach, Florida 33483 Tel: (561)279-8952 Fax: ($61)279-0611 Email: cglickstein(~ironwoodpropoixies.com EMPLOYMENT: 1/91 - Present Owner/President; Ironwood Properties, Inc., Delray Beach, Florida Real esuste development and construction company specializing in high-end, multi-family, in-fill development projects and custom single-family homes in South Florida. 4/89 - 1/91 Senior Vice Presidenl/(ieneral Counsel; Falcor Industries, Inc., Osaka, Sapan / Honolulu, Hawaii Appointed by senior creditor, GE Capiusl, for asset management and disposition of .Japanese subsidiary's U.S. real estate assets. 5/85 - 3/89 Associate; Finley, Kumble, Wa~ner, et. al, Miami, Florida; Attorney at national law firm representing institutional and private real estate developers and lenders in connection with real estate acquisition, finance, land-use planning, development, construction, and asset disposition. EDUCATION: BA, 1982, University of I-lawaii, Honolulu, Hawaii JD, 1985, University of Miami School of Law, Miami, Florida Date of Birth: 6/6/59; Ft Laude~lale, Florida Married; 3 children Social Security Number: 266-43-3240 Professional Licenses:Certified C, eneral Conumaor, State of Florida A~rney, S~e of Florida (inactive) Associated General Contractors of America; ~ Land Institute; Florida Bar Association; Trustee, Beach Property Owners' Association, Delray Beach Harden, David Page 1 of 1 ~ From: Audrey Wolf [AWOLF@co.palm-beach.fl.us] Sent: Thursday, May 01,2003 9:28 AM To: harden@ci.delray-beach.fl.us Subject: South County Courthouse - Call to Artists · David- Under separate cover, ! am forwarding the Call to Artists for the South County Courthouse. The Call has been advertised in the Post, trade publications and [s available on the County s Public Art program website (~fdo/art) as well as having been mailed to several thousand Florida Resident Artists on our mailing iist. There is a pre-proposal meeting scheduled for Saturday Nay 17, 2003 at 2:00 pm at the Courthouse and proposals are due 3une 30, 2003 by 5:00 pm. The selection process is generally described in the Call, and the details of the process are available through the website. We are planning to start the preliminary setection on .luly 17th, 22nd and 24th from 4 pm to 7 pm. The deadline for submissions by semi-finalists [s September 12, 2003. At this point we are expecting a final review and selection on September 25, 2003. We have included a representative of the City as a voting member of the Selection Ponei and need to know who that will be se that we can include the City's representative in our pre-selection activities. The County does not have a preference as to whether the representative is an elected offidal, staff member, or City art committee member of dtizen; but request that they are tami ~ar w'th the C~ty's redevelopment plans, the City's goals for this art project and this open space. Piease advise as to the City's representative and how we can contact that person. [f you have any questions, please feel free to call. Audrey 5/2/2003 Page 1 ofl Harden, David From: Davila, Nancy Sent: Friday, April 25, 2003 9:14 AM To: Harden, David Cc: Butler, Lula; Glenn Weiss (pineapplegrove@mindspring.com); Blane De St Croix (Blanedsc@aol.com) Subject: Appointment to Public Art Selection Committee for the Courthouse Mr. Harden: Joan Goldberg, the County's Public Arts Coordinator as sent you a letter asking for a recommendation for appointment to the Public Arts Selection Committee for the Courthouse expansion. We really need to select someone who has a strong background in art. I would like to suggest that you appoint either Glenn Weiss, or Blane De St Croix. You know Glenn, of course, Blane has been a member of both the ArtWalk and the Public Arts Task Team and is an Assistant Professor at FAU. I think it is important to select someone who is familiar with the concept of Delray's Public Art Plan, so that this very visible artwork does not wind up being just an abstract sculpture. I appreciate your consideration. Nancy 5/2/2003 Palm Beach County, Florida CALL TO ARTISTS FLORIDA RESIDENT ARTISTS ONLY PUBLIC ART PROJECT REQUEST FOR PROPOSALS PRELIMINARY SUBMISSIONS Project Title: Location: Budget: Submission Deadline: South County Courthouse Art and Amenities Pr~ect 200West Atlantic Avenue, Delray Beach, FL 33444 $150,000 June 30,2003 The County, through its Committee for Public Art (the "Committee") is issuing a call to qualified artists or artist-led teams (the "Artist") for preliminary proposals to enhance interior and exterior areas located on the north side of the South County Courthouse in Delray Beach with artwork and amenities in conjunction with the facility's expansion and renovation beginning in the summer of 2003. The Committee is seeking one artist or an artist-led team to be commissioned for the work. The budget for the project is $150,000 and covers all costs associated with the project including artist fee, design, fabrication, construction, installation, travel/transportation and permits. The successful Artist will have demonstrated through the submission of proposal materials, the capability to successfully complete the project with an innovative approach to the interior and exterior space. PROJECT SUMMARY Project: South County Art and Amenities Project Location: Budget: South County Courthouse 200 West Atlantic Avenue Delray Beach, Florida 33444 $150,000 for the design, fabrication and construction/installation of artwork, amenities and enhancements. BACKGROUND The eight members of the Committee were appointed by the Palm Beach County Board of County Commissioners (the "BCC") to advise the BCC on the selection, acquisition and placement of artwork for the county. Through a voter-approved recreational and cultural bond, $500,000 has been designated for works of art to be acquired for the county courthouse system. The South County Courthouse is a two-story building built in the late 1980s. Due to population growth in Palm Beach County, the South County Courthouse will undergo expansion beginning in the summer of 2003 with the construction of a parking facility. Expansion and renovation plans call for doubling the size of the facility to 150,000 square feet including enclosing the exterior patio facing Atlantic Avenue in glass to create an interior lounge. Approximately 300 employees will be assigned to work at the facility. The new construction and renovation is expected to be completed by mid-2005. The City of Delray Beach is building a new public library on the property due east of the courthouse, it is anticipated that library and other patrons of Atlantic Avenue will enjoy the outdoor amenities provided in and around the north lawn of the courthouse, along with courthouse employees and visitors. The glass- enclosed lounge area designated for employees and visitors to the facility will not be accessible from the north lawn, but will be visible from Atlantic Avenue. BUDGET The total contract amount to be awarded to an Artist shall not exceed $150,000. This contract amount is inclusive of all costs associated with the project including but not limited to the Artist's design fee, other consulting fees such as structural engineering or material testing, permit fees, insurance to cover the scope of the project, materials, fabrication, transportation, installation including any site modifications required, travel to and from site, per diem expenses, project documentation, plaques and/or signage, and a contingency to cover unexpected expenses. Also included is the cost of permitting and regulated construction which will be issued under separate contract. ARTIST ELIGIBILITY Open to all Artists at least 18 years old and having permanent residency in the State of Florida.* Artists must have achieved a level of expertise as defined in the below list and meet two of the five criteria to qualify: (1) Completion of other governmental or educational institution commissions on a similar scale. (2) Recipient of visual arts awards, grants or fellowships within the past five years. (3) Inclusion and ongoing display of artwork in at least two public, corporate or museum collections. (4) Featured in an exhibition at an American Association of Museums accredited institution within the past five years. (5) Inclusion in at least one exhibition at a public art institution within the last five years. In addition, Artists must be able to demonstrate through the submission of proposal materials, a proven tract record for having successfully integrated artwork and/or amenities into buildings, plazas and/or landscape utilizing the materials necessary to meet the project goals and guidelines provided below. Permanent residency in the State of Florida is defined by Florida Statute 196.015. To review the statute, go to www.flsenate..qov PROJECT GOALS The goal of the project is to commission artwork, amenities and enhancements for both interior and exterior sites on the north side of the South County Courthouse that: (1) Are of an original, site specific design. (2) Complement the architecture, style, scale, medium and integrity of the courthouse facility. (3) Create a sense of place through architectural, historic, cultural, and/or environmental references to the courthouse and to the City of Delray Beach. (4) Are appropriate to a county courthouse setting. (5) Exhibit sensitivity to the multicultural, racial, religious, political and economic diversity of the area's population. (6) Provide the opportunity for area residents, visitors and employees to experience innovative and engaging works of public art that also function as public amenities and enhancements. PROJECT GUIDELINES The artwork, amenities and enhancements must: (1) Be fabricated in heavy, durable materials and/or be native plants that will withstand the heat, humidity, wind, drought and other environmental and climatic conditions common to the region. (2) Be ADA compliant and not interfere with any ADA compliant approaches to the courthouse. (3) Have an anticipated, long-term life span. (4) Have minimal maintenance requirements. (5) Have a graffiti-resistant coating applied by the artist where applicabie. (6) Not require any fencing or other physical barder as a security measure. (7) Not impede any pedestrian traffic. (8) Not conflict with any code or regulatory requirements for public buildings or land. (9) Not create blind spots where illicit activities may take place, nor create a place to hide contraband in or adjacent to the courthouse. (10) Not create a place which encourages expressive activities such as protesting, theatricals, speeches, etc. (11) Not create opportunities for skateboarding, roller skating and/or relier blading. PRE.PROPOSALSITEINSPECTION A pre-proposal site inspection will be held on Saturday, May 17, 2003 at 2:00 p.m. at the South County Courthouse. Artists are encouraged to attend the meeting and tour the facility. The architect for the expansion and renovation along with county staff will conduct a question and answer session immediately following the inspection tour. To RSVP, please call (561) 233-0235 by May 15, 2003. SUBMISSION CHECK LIST To be considered for the South County Courthouse Art and Amenities Project, the following items must be included in the preliminary submissions: (1) Application: Complete, sign and date application attached. (2) Resume: A current resume emphasizing public art experience including budget size of past projects. If an artist-led team, please supply a resume of each team member. (3) Slides: Ten 35 mm, 2" x 2" slides of completed artwork or projects numbered 1 - 10, inserted into a 9" x 11" clear plastic slide sheet. Please label each slide with Artist's name, title of work and a dot on the lower left hand corner to facilitate loading into a projector carousel. If an artist-led team, please submit only ten slides that best represent the direction of the team. (4) A Slide Identification Sheet: A typewritten, slide identification sheet including Artist's name, address, telephone number, corresponding slide number, title of work, medium of work, dimensions, completion date and price of work. Also include a brief statement on how the artwork in the slides corresponds with the Artist's proposal. (5) Concept Drawings: No more than five drawings to define proposal and design concepts. (6) Written Proposal: No more than two pages outlining the relationship between the slides presented and ^rtist's proposal; the relationship between the proposed work and the courthouse; how the proposed work meets the project's goals and guidelines; and background information that supports the Artist's qualification to complete the project. (7) SASE: Self-addressed, stamped envelope for the return of proposal materials. SUBMISSION INSTRUCTIONS (1) Preliminary proposal submissions must be delivered by 5:00 p.m.E.S.T. on June 30, 2003. Submissions not delivered by the time and date specified will be returned to Artist unopened. Please send proposal materials to: Palm Beach County Facilities Development and Operations 3323 Belvedere Road, Building 503 West Palm Beach, Florida 33406 Attn: F. Joan Goldberg - South County Courthouse (2) The artist or leader of an artist-led team must complete, sign and date the application attached. Application should be typed or handwritten in ink, in clear legible print. (3) Please submit drawings and written material on 8 %" x 11" reproducible paper. If drawings are in color, please supply 10 color copies of each, otherwise drawings will be reproduced in black and white for panel review. (4) Place application on top of other proposal materials. Do not staple proposal materials or bind materials in any manner as submissions are photocopied for members of the selection panel. (5) Only submit requested materials. Excess material will not be presented to the selection panel. (6) Artists who submit incomplete proposals may be eliminated from the review process. (7) Palm Beach County will make every effort to protect proposal materials. However, the County shall not be held responsible for the loss or damage of any materials submitted. SELECTION PROCESS The selection process will occur in two phases. In the first phase, the selection panel will review the submission material requested and select no more than five semi-finalists. In the second phase, the semi-finalists will present an in-person, detailed proposal to the panel. Each semi-finalist that makes a live presentation will receive an honorarium of $1,000.00. Following the presentations, the panel will select a finalist. The finalist's proposal will be reviewed by the Judicial Executive Committee for comment and then recommended to the Board of County Commissioners for approval. SEMI-FINALISTS' REQUIREMENTS Semi-finalists will be required to make a live presentation of their proposal to the selection panel on September 25, 2003. Presentation materials must be delivered to the County Department of Facilities Development and Operations by 5:00 p.m.E.S.T, on September 12, 2003 and need include: (1) Conceptual Approach: Three-dimensional model and detailed drawings. (2) Written Statement: A typewritten proposal that specifies how the conceptual approach relates to the site and how the artwork, amenities and/or enhancements address site needs. (3) Material List: A list of proposed materials to be used to complete the project. (4) References: Name, address, telephone number and e-mail address (if known) of three references who have commissioned Artist on a similar- or large-scale project. (5) SASE: A self-addressed, stamped envelope, mailing tube, carton, etc. for return of proposal materials. (6) Proof of Residency: Provide 3 items from the below list that are in effect as of June 30, 2003 and includes Artist's permanent address: a. Copy of Florida Driver's License b. Copy of Florida State Voter's ID card c. Copy of 2002 Federal Income Tax Return d. Copy of 2002 filing of intangible tax return e. Copy of Florida Business License f. Copy of Occupational License g. Formal declaration of residency, notarized by a Florida State licensed notary. FINALIST'S REQUIREMENT The finalist will be required to perform the work under contract with the Palm Beach County Board of County Commissioners. (Upon request, a copy of the Palm Beach County Standard Agreement for Public Art Commissions will be provided for review.) Prior to contract execution, the finalist will be required to seek input from the renovation architect and Delray Beach city planners, and to meet with a Palm Beach County project manager to develop a detailed plan, budget and timeline based on the proposal presented. The contract fees, time frame, installation/construction requirement will be negotiated between the finalist and the County Department of Facilities Development and Operations. No other terms of the contract are negotiable and the County will not consider changes to standard contract language. A separate contract will be negotiated between a contractor selected by the finalist and the County Department of Facilities Development and Operations for all construction requiring licensed tradespersons and/or permits. Upon execution of both contracts, a Notice to Proceed ("NTP") will be issued. Within five days of the NTP, the construction contract will be assigned to the finalist, who must accept the assignment. SELECTION CRITERIA In the Preliminary Review Phase, a combined scoring system of pass/fail and points will be utilized to select up to five semi-finalists based on the following criteria: (1) The strength and quality of past work and its relationship to the project as demonstrated in the slides. (2) The strength of the Artist's credentials and track record for completing other projects on a similar scale as demonstrated in the resume and applicable visual and narrative material. (3) Artistic merit as demonstrated in the concept drawings and applicable visual and narrative material. In the Final Review Phase, a point-based scoring system will be utilized to select a finalist for recommendation to the Board of County Commissioners. Scores will be based on the following criteria as demonstrated in the presentation, proposal materials and through reference check. (1) Artistic merit. (2) Ability to meet project goals and guidelines. (3) Ability to complete the project. (4) Local Preference: In accordance with the Palm Beach County Local Preference policies, a preference will be given to semi-finalists with permanent residency in Palm Beach County. Local Preference means that if the highest ranked semi-finalist (or lead artist in an artist-led team) is a regional or non-Palm Beach County resident, then the scores of all semi-finalists with permanent residency in Palm Beach County will be increased by 5% points. The Proof of Residency requirement listed in SEMI-FINALIST REQUIREMENTS section above, will establish residency with regards to local preference. The County reserves the dght to contact any agency or institution in order to verify semi-finalists' permanent residency and to disallow local preference if, in the County's sole judgment, there are inconsistencies with the documentation provided and the requirements of the County's policy. (5) SBE: In accordance with Palm Beach County ordinance, points will be awarded during the Final Selection Phase to semi-finalists who provide Palm Beach County Small Business Enterprise ("SBE") certification along with the above written requirements for semi-finalist submittal. Copies of the Ordinance and procedures will be made available upon request and is further detailed in the document, "South County Courthouse Art and Amenities Project: Selection Procedures." The County is not required to select semi-finalists nor is it under any obligation to select a finalist or bring the project to completion if in their sole judgment, Artists or proposals do not meet eligibility requirements, project goals and/or guidelines. The County has the dght to reject any proposal, at any time beginning with the selection process through to installation on the grounds that the proposal or artwork, amenities or enhancements appear to have a fault in fabrication; pose a safety hazard including but not limited to standards as defined by OSHA; are fraudulent or non-authentic; require special maintenance or landscaping other than which had been previously identified and agreed to by the County; does not meet project goals and guidelines. Upon request, a copy of the Palm Beach County Selection Procedures for the South County Courthouse Art and Amenities Project will be provided for review. You may also view the Selection Procedures on-line by visiting www.pbc.qov.com/fdo/a~ and clicking onto "Calls to Artists." SELECTION PROCESS TIMELINE April 6, 2003 May 15, 2003 May 17, 2003- 2:00 p.m. June 30, 2003 - 5:00 p.m. July 17, 2003 July 22, 2003 July 24, 2003 September 12, 2003- 5:00 p.m. *September 25, 2003 *October 7, 2003 *October 28, 2003 Call to Artists announced RSVP deadline for pre-proposal site selection Pre-proposal site inspection Deadline for submissions Preliminary Review Session 1 Preliminary Review Session 2 Preliminary Review Session 3 Selection of semi-finalists Deadline for semi-finalists' submissions Final Review Phase Selection of finalist Review by Judicial Executive Committee Selection recommendation submitted to Board of County Commissioners for approval estimated time frame. To: From: Date~ Re: City Commission David T. Harden, City Manager ~'// May 2, 2003 Guardrail on Linton Boulevard I previously brought to the attention of the Commission our concems with the guardrail the County was planning to install on the north side of Linton Boulevard. The County's plan was to install this guardrail immediately behind the curb. Our understanding is this guardrail is being installed in response to concerns expressed by residents of Pines of Delrey and Pines West. They requested that the County install a wall as part of the Linton widening project, which the County will not do. We understand that the residents were concerned about noise from the roadway and that, with the travel lane being 12 feet closer to their back yards, accidents w~uld result in vehicles crashing into their yards. In response to these concerns, Commissioner McCarty agreed to use some of her district transportation funds and install a guardreil to prevent cars from crashing into their yards. Since becoming aware of this plan, we have been working with County engineering staff to have the guardrail installed behind the sidewalk instead of behind the curb. Despite the fact that we can show where a guardrail has been installed behind the sidewalk by the DOT on a state highway, County staff has refused to place the Linton guardrail behind the sidewalk because that location is not shown in the standard DOT guardrail design manual. Much of this guardreil has now been installed. In our opinion, having a guardrail immediately behind a curb and in front of a sidewalk is ugly. We are even more concemed about the future maintenance burden for the City. Grass and weeds will grew up around the guardmil posts, and can only be removed by applying herbicide. The guardrail system also tends to trap and collect trash which will have to be collected by hand. While the County will maintain the guardrail itself, they will not take care of the weed and trash problems. Residents of the Pines have also raised the issue of safety for students walking to school along Linton as justification for the guardrail. Florida Statutes (1006.23(4)(a)1) states that such a walkway parallel to the read is hazardous only if it is uncurbed. Furthermore, there are numerous four and six lane roads throughout the County where students walk to school and there is no guardrail separating the sidewalk from the vehicle lanes. Recommendation: I recommend that the Commission formally request that the County either move the guardreil ~3 the back of the sidewalk, or remove it entirely. Commissioner McCarty has indicated they would follow your wishes. Cf r¥ MANAGER Department of Engineering and Public Works P.O, Box 21229 West Palm Beach. FL 33416-1229 (561) 684-4000 www. pbcgov c~m County Administrator Robert Weisman January 21, 2003 Randal L. Krejcarek, P.E., City Engineer City of Delray Beach 434 South Swinton Avenue, Delray Beach, Florida 33444 RE: LINTON BLVD/MILITARY TRAIL TO CONGRESS AVENUE PALM BEACH COUNTY PROJECT # 95506 Dear Mr. Krejcarek: We have reviewed your January 13, 2002 proposal for the placement of guardrail along the north side of Linton Blvd. There are two standards which would be violated by this proposal. Firstly the minimum sidewalk width next to a curb is 6'. Secondly guardrail has to be placed either at the face of curb or 11' back from the face of curb. Nothing in between is allowed by the standards. If you are aware of any standards contrary to these, we would be happy to review them. The guardrail and sidewalk configuration on Military Trail will be revised to comply with the standards. Thank you for bringing it to our attention. Sincerely, Tanya McConnell, P.E., Five Year Road Program Manager, Roadway Production Division pc: Commissioner Mary McCarty, District 4 George T. Webb, P.E., County Engineer ~'D"avid T. Harden, City Manager, City of Delray Beach Omelio A. Fernandez, P.E., Director, Engineering/Public Works Operations William R. Sears, P.E., Project Engineer, Roadway Production Division F:~ROADWAY\TM\1995506\95506-rlk2.wpd TO: THRU: FROM: p~L D~A~T~Y MANAGER LING, D.I.RIECTOR OF PLANNING & ZONING SUBJECT: MEETING OF MAY 6,2003-REGULAR AGENDA AMENDMENT TO LAND DEVELOPMENT REGULATIONS WITH REGARDS TO GUEST PARKING IN MULTI-FAMILY DEVELOPMENTS Currently the Land Development Regulations (LDR) Sections 4.4.13(G)(1)(e) and 4.6.9(C)(2)(c) require the following amount of guest parking with multi-family developments. ~' The first 20 units require 0.50 spaces/unit ~ Units 21 through 50 require 0.30 spaces/unit and, ~ Each unit above 50 requires 0.20 spaces/unit With the recent increase of in-fill housing in the Downtown area most developers are providing parking in private garages below the residential units. In cumulatively calculating their parking requirements guest parking spaces are in some cases included as spaces within individual private garages. Although the parking requirement is met numerically, visitors and guests to the development do not have access to these guest parking spaces. Ordinance No. 06-03 (attached) proposes revisions to the LDR that will require all guest parking in multi-family developments to be located in areas accessible to all visitors and guests. Parking Management Advisory Board (PMAB): The proposed amendment was reviewed by the PMAB on February 25, 2003 and the Board recommended approval. Community Redevelopment Agency (CRA): The proposed amendment was reviewed by the CRA on March 19, 2003 and the Board recommended approval. Downtown Development Authority (DDA): The proposed amendment was reviewed by the DDA on March 19, 2003 and the Board recommended approval. Planning & Zoning Board (P&Z Board): The proposed amendment was reviewed by P&Z Board at their meeting of April 21,2003 and the Board recommended approval. By motion, approve on first reading LDR text amendment to Sections 4.4.13(G)(1)(e) and 4.6.9(C)(2)(c) with regards to guest parking in multi-family structures. Attachment: E~ Ordinance No. 06-03 ORDINANCE NO. 06-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS"; SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (C), "NUMBER OF PARKING SPACES REQUIRED", SUB-SUBSECTION (2), "REQUIREMENTS FOR RESIDENTIAL USES", TO PROVIDE REGULATIONS FOR THE LOCATION AND ACCESSIBILITY OF GUEST PARKING SPACES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, with the recent increase of in-fill housing in the Downtown area there has been an increase in the number of developers providing parking in garages below the residential units, which are in some cases, including required guest parking spaces in these private garages. Although the parking requirement is met numerically, visitors and guests to the development have very limited access to these guest parking spaces; and WHEREAS, The City Commission has determined it to be in the best interest of the public's health safety and welfare to regulate that guest parking to be open to visitors and guests. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) ParkinR: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east and S.E. 1st Street on the south, the parking requirements for all non-residential uses, except restaurants, shall be one space for each 300 square feet or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. Within all other (b) (c) (d) (e) geographic areas of the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). [Amd. Ord. 61-01 1/8/02]; [Amd. Ord. 4-01 2/6/01]; [Amd. Ord. 63- 93 11/23/93] When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. [Amd. Ord. 6,-01 2/20/01]; [Amd. Ord. 63-93 11/23/93] If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. [Amd. Ord. 63-93 11/23/93] The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of floor area. [Amd. Ord. 63-93 11/23/93] The parking requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: [Amd. Ord. 37-99 10/19/99] · Efficiency dwelling unit 1.0 space/unit · One bedroom dwelling unit 1.25 spaces/unit · Two or more bedroom dwelling unit 1.75 spaces/unit · Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21-50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. [Amd. Ord. 37-01 7/10/01] Location of Guest Parking Spaces: Guest parkinq spaces must be accessible to all visitors and ,quests and ma,/be centralized or located near recreational features within a development project. (2) Setbacks: Within the area encompassed by the boundaries of the DDA as originally established in Section 8.2.2(B), there shall be no required front, side (interior), side (street), or rear building setbacks except where there is no dedicated access to the rear of a building, a ten foot (10') side setback shall be provided. [Amd. Ord. 22-99 7/20/99] (a) Within those sections of the CBD zoning district located in the Pineapple Grove Main Street area and east of the Intracoastal Waterway, a front setback of not less than five feet (5') nor greater than ten feet (10') and a 5' side (street) setback shall be provided. There shall be no required side (interior) or rear building setbacks except where there is no dedicated access to the rear of a building, a ten foot (10') side setback shall be provided. [Amd. Ord. 22-99 7/20/99] Section 2. That Section 4.6.9, "Off-Street Parking Regulations", Subsection (C), "Number Of Parking Spaces Required", Sub-Subsection (2), "Requirements For Residential Uses", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: 2) Requirements for Residential Uses: (a) Single Family Detached Residences: -- two spaces per dwelling unit. Tandem parking may be used provided that in the Single Family (R-1 District) or RL District, no required parking space may be located in a required front or street side setback. (b) Duplexes: -- two spaces per dwelling unit. Tandem parking may be used provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Further, curb cuts or direct access from parking areas onto a street shall not exceed 24' in width. (c) Multiple Family Structures: * Efficiency dwelling unit * One bedroom dwelling unit * Two or more bedroom d.u. * Guest parking shall be provided cumulatively as follows: - for the first 20 units - for units 21-50 - for units 51 and above [Amd. Ord. 46-96 11/5/96] 1.0 space/unit 1.5 spaces/unit 2.0 spaces/unit 0.5 spaces per unit 0.3 spaces per unit 0.2 spaces per unit Within townhouse and townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. [Amd. Ord. 37-01 7/10101] (d) Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and ,quests and may be centralized or located near recreational features within a development project. A portion of guest parking spaces may be provided in stabilized sod pursuant to Section 4.6.9(D)(8). [Amd. Ord, 28-99 8117199] Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,200 A~EST MAYOR City Clerk First Reading. Second Reading. TO: THROUGH: ~SUBJECT: DAV,~~~ ~ANAGER PAUL DORLING, DI~;tlE~OR OF PLANNING AND ZONING WENDY SHAY, HISTORIC PRESERVATION PLANNER MEETING OF MAY 6, 2003 AN ORDINANCE AMENDING LDR SECTION 4.5.1(M), TAX EXEMPTION FOP. HISTORIC PROPERTIES. The proposed text amendment will provide clarification to the tax abatement process within the Land Development Regulations and update them to be consistent with recent amendments to the Florida Administrative Code (FAC) Chapter 1A-38, "Tax Exemption for Historic Properties", effective in September, 2000. The FAC currently allows a tax exemption application to be processed before, during, or after a project has been initiated. Previously, and pursuant to the current LDR's, a project could only be initiated prior to the beginning of the construction, preferably concurrently with site plan and/or Certificate of Appropriateness approval. Given the above, the amendment makes the necessary changes to allow submittal before, during, or after a project is completed. The amendment also modifies the responsible entity providing the written order of Board action from the Board to staff. The amendment adds a time limit for submission of 18 months after construction for Part I of the initial tax exemption request. The amendment further clarifies what improvements are eligible for tax exemption credit. Currently, LDR Section 4.5.1(M)(5), "Qualifying Properties and Improvements," allows an exemption for improvements made to both contributing and non- contributing buildings or structures. The revision will allow the exemption to apply to improvements to contributing principal buildings and their associated accessory structures. Improvements to non- contributing buildings, structures, or any type of new construction on non-contributing properties will not be eligible. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the goals, objectives, and policies of the Comprehensive Plan. As noted previously, this amendment is being initiated more for clarification purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. During its meeting of April 16, 2003, the Historic Preservation Board recommended approval of an LDR text amendment to Section 4.5.1(M), Tax Exemptions for Historic Properties. On April 21, 2003, the Planning & Zoning Board recommended approval of the proposed LDR text amendment to Section 4.5.1(M), Tax Exemptions for Historic Properties. Approve Ordinance 10-03, based upon positive findings with respect to LDR Section 2.4.5(M)(5). Attachment.,: Ordinance 10-03 ORDINANCE NO. 10-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION (M) "TAX EXEMPTION FOR HISTORIC PROPERTIES", TO PROVIDE CLARIFICATION TO THE TAX ABATEMENT PROCESS AND APPLICABILITY, AND TO BE CONSISTENT WITH THE FLORIDA ADMINISTRATIVE CODE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on April 21, 2003 and voted to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(M), "Tax Exemption for Historic Properties", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to read as follows: (M) Tax Exemption for Historic Properties: (1) The City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated in Section 4.5.1x.%.~)(~.)(K) & (L). as amended. Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Dekay Beach on 100% of the increase in assessed value resulting from any renovation, restoration or rehabilitation of the qualifying property made on or after the effective date oft}ds ordinance. (2) The above exemption does not apply to: ORD. NO. 10-03 (a) Taxes levied for payment of bonds; Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitution; or (c) Personal property. (3) Duration of Tax Exemption: (a) The exemption period shall be for ten (10) years, beginning January 1st following the year in which final approval is given by the City Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. However, the City Commission shall have the discretion to set a lesserterm ..:c '~'~'~ ......... ~,~ The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to grant such exemption or change in ownership of the property. To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was granted. (4) Effective Date of Exemption: The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation exemption covenant is recorded and a copy of the Final Application and resolution of the City Commission, as approved, have been transmitted to the Palm Beach County Property Appraiser. (5) Qualifying Properties and Improvements: (a) The following real property in the City is _a qualifying property for the purposes of this ordinance if at the time the exemption is approved by the City Commission, the property: is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or, (ii) is a contributing property to a National Register-listed district; or 2 ORD. NO. 10-03 is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance; and, has been certified by the Historic Preservation Board as satisfying (a) (i), (ii), or (,ii). (b) For an improvement to a historic property to qualify the property for an exemption, the improvement must: be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; be determined an improvement by the Historic Preservation Board as __ tc~ ..-:cot ~.~t~.~ established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A-38, as amended which defines a real property improvement as changes in the condition of real property brought about by the expenditure of labor and money for the restoration, renovation, or rehabilitation of such property.. Improvement shall include, but are not limited to: modifications, repairs, or additions to the principal contributing building and its associated accessory structures (.i.e. a garage, cabana, guest cottage, storage/utility structures, swimming pools), whether existing or new, as long as the new constxuction is compatible with the historic character of the building and site in terms of size. scale, massing, desi? and materials, and preserves the historic relationship between a building or buildings, landscape features, and open space. The exemption does not apply to improvements made to non-contributing principal buildin~ or their non- contributing accessory, structures. be consistent with Section 4.5.1(E), "Development Standards", of the City's Land Development Regulations; and (iv) include, as part of the overall project, visible improvements to the exterior of the structure. (6) Evaluation of Property Used for Government or Nonprofit Purposes: 3 ORD. NO. 10-03 (a) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent of the useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by the Department of State under Section .~7.91~ 617.0301, Florida Statutes. (b) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is considered regularly and frequently open to the public if public access to the property is provided not less than 12 days a year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. (7) Application for Exemption: (a) Any property owner, or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must file a wzlttcn Tax Exemption Application with the Planning and Zoning Department. The application shall be made on the two-part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources. Part 1 of the application, the PzccConstruction Application, shall be submitted before, during, or after qualifying improvements are initiated and Part 2, the Final Application/Request for Review of Completed Work, shall be submitted upon completion of the qualifying improvements. The Final Application shall contain the Historic Preservation Exemption Covenant, as provided for herein. (8) Part 1, Pzc¢Construcfion Application: (a) A PzczConstmction Application shall be filed with the Planning and Zoning Department before, during, or after the qualifying project is :,cASatcd constructed. The PzccConstruction Application shall also contain information concerning the pzc. pc.r. ccl esrimated cost of the qualifying improvements and be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property. Upon receipt of the PrccConstrucfion Application, the Historic Preservation Planner shall review the application and 4 ORD. NO. 10-03 (9) determine whether the application is complete and whether the property satisfies the requirements of Section 4.5.1(M)(5) (1)(a) and is therefore eligible for review by the Historic Preservation Board. Review of Pr¢¢Construction Application by the Historic Preservation Board: (a) The Historic Preservation Board shall review the PrccConstruction Application within 60 days of the Historic Preservation Planner's determination of eligibility. The exterior portion of the work shall be reviewed in accordance with the Certificate of Appropriateness review _process simultaneously with the Part 1, Pz¢cConstmction Application. If site plan approval or a variance is required for the project, the respective applications shall be presented to the Historic Preservation Board in conjunction with the Certificate of Appropriateness review process. A n .......... ,~__ s__~:__z__ Part I of the Construction Application is submitted after the project has been completed, the application must be submitted within 18 months from the date of issuance of a Certificate of Occupancy. If the Historic Preservation Board determines that the worlq as proposed, is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1.~v"~r~/A~v, the PrccConstruction Application and, if applicable, the Certificate of Appropriateness shall be approved by the Historic Preservation Board, and a. ............. tt .............. t~r If the Historic Preservation Board determines that the work. as proposed, is not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1~v..~f~/Axv, corrective measures shall be prescribed by the Board tko applicant shall ~c 5 ORD. NO. 10-03 (1044-) Part 2, Final Application/Request for Review of Completed Work: (a) If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1.(~ r~a~rAx the Board shall approve the Final Application/Request for Review of Completed Work and the Historic Preservation Planner shall issue a written order to the applicant. The C~- Historic Preservation Planner will inspect the completed work to verify such compliance. The review of the Historic Preservation Board shall be completed within thirty (30) days of the receipt of the completed Final Application/Request for Review of Completed Work as verified by the Historic Preservation Planner. The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total cc,:t expenditures of the qualifying improvements. Appropriate documentation may include, but is not limited to, paid contractor's bills, AIA Forms 702-70a~_, canceled checks, copies of invoices, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request for Review of Completed Work and all required supporting documentations, the Historic Preservation Board shall conduct a review at a regularly scheduled public meeting to determine whether or not the completed improvements are in compliance with the work described in the PzccConstruction Application, approved amendments, if any, and Section 4.5.1.(~ x.%.a)(1)~). After the above mentioned review, the Historic Preservation Board shall recommend that the City Commission grant or deny the exemption. (c) If the Historic Preservation Board determines that the work~ as completed, is either not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1.(~_~ ,~rA~ the applicant shali be advised that the Final Application has been denied. S'.:c~ ~acc:-~.l ;~all ~c :~ -,v~fi::g a~.~a T_~he Historic Preservation Planner shall provide a written summary of the reasons for the determination to the at~Dlicant. 1(~4-~) Appeal to the Historic Preservation Board's Decision: 6 ORD. NO. 10-03 (a) ~ A._any action taken by the Historic Preservation Board is appealable to the City Commission pmsuant to Section 2.4.70S), "Appeals". (124-3) Approval by the City Commission: (a) Upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission approving the Final Application shall provide the name of the owner of the property, the property address and legal description, zcqu~rc '~c c.':,'ncz to, a recorded ¢I~ restrictive covenant, as provided in Section 4.5.1 (M)(13)~ in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of ~, ........... the exemption '*,~':1~I1 ............. ~ including .... the expiration date of t~c cxcrr..p,~on. (134-4) Historic Preservation Exemption Covenant: (a) To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application/Request for Review of Completed Work. The covenant, ~,tatt-be-M-a4orm as established by the Department of State, Division of Historical Resources, shall be in a form approved by the City of Delray Beach City. Attorney's Office and applicable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted. (b) On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of PaLm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the City's Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of 7 ORD. NO. 10-03 taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 212.12(3), Florida Statutes. Completion of Work: (a) An applicant must complete all work within two (2) years following the date of approval of a Part 1 Pzc. zConstruction Application by the Historic Preservation Board. A PzzcConstmction Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two (2) years following the date of approval of the PzccConstruction Application. The City Commission, upon the recommendation of the Historic Preservation Board, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. (15-1-6) Notice of Approval to the Property Appraiser: (a) Upon the receipt of a certified copy of the recorded restrictive covenant by the Historic Preservation Planner, the Prcscr-;aSc, n Planner shall transmit a copy of the approved Final Application/Request for Review of Completed Work, the exemption covenant and the resolution of the City Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County Property Appraiser. (b) The resolution approving an historic tax exemption must be filed with the Palm Beach County Property Appraiser on or before January Lfazck 1st of the year in which an exemption is requested. Therefore. the Final Application/Request for Review of Completed Work must be submitted no later than November 1st of the year the work was completed in order to process the application for both the Historic Preservation Board and City. Commission approvals. If the Final Application/Request for Review of Completed Work is not submitted by November 1st of the year the work was completed, the abatement will not take effect until the following year of the date of submittal~ 8 ORD. NO. 10-03 (l~6-1-7) Revocation Proceedings: The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant. 0,) The Historic Preservation Phnner Egaz~ shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing in the same manner as in Section 4.5.1(M](10), and make a recommendation to the City Commission. The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph _8 -4- of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and fried in the official records of Palm Beach County. Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. 9 ORD. NO. 10-03 PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,2003. ATTEST MAYOR City Clerk First Reading Second Reading 10 ORD. NO. 10-03 [lTV OF DELRI:I'/BEI:IEH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH City DATE: April 25, 2003 MEMORANDUM Wdter's Direct Line: 561/243-7090 TO: FROM: David T. Harden, City Manager City Commission Terrill Pyburn, Assistant City Attorney SUBJECT: Revised Animal Ordinance Please review the revised animal ordinance for changes regarding agricultural areas. This change was made in order to make the ordinance more consistent with LDR Section 4.4.1. If the ordinance meets with your approval, then please place it on the agenda for the next City Commission meeting. Please contact me if you have any questions at 7090. Thank you. Ordinance No. ~ ~ -03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING TITLE IX, "GENERAL REGULATIONS," OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 91, "ANIMALS", SECTION 91.02, "LIVESTOCK AND POULTRY; IMPOUNDMENT", PROVIDING AN EXCEPTION FOR AGRICULTURE ZONING DISTRICTS; AMENDING SECTION 91.25, "VICIOUS DOGS; MUZZLES", AMENDING SECTION 91.26, "REPORT OF DOG BITES REQUIRED", AMENDING SECTION 91.28, "IMPOUNDMENT; DISPOSITION"; AMENDING SECTION 91.42, "IMPOUNDMENT AUTHORIZED; DISPOSITION", PROVIDING FOR REFERENCES TO THE ANIMAL CONTROL OFFICER INSTEAD OF CITY; PROVIDING FOR REFERENCES TO CATS AND DOGS INSTEAD OF ANIMALS AND INCREASING THE DISPOSAL FEE FROM $5 TO $10; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to have its Code of Ordinances accurately reflect the department and/or designees that handle animal complaints and impoundment issues in order to avoid any confusion; and WHEREAS, the City Commission desires to provide for an impoundment disposal fee of $10.00 in order to cover the costs of disposing of animals turned over to the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title IX, "General Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, Chapter 91, "Animals", Section 91.02, "Livestock and Poultry; Impoundment", be, and the same is hereby amended to read as follows: Section 91.02 LIVESTOCK AND POULTRYI IMPOUNDMENT. (A) The keeping, maintaining or pasturing of horses, cattle, mules, goats, sheep, swine, poultry or other livestock in the city is prohibited except in areas designated as Agriculture Zone Districts (A) in the City's Land Development Regulations. (B) It shall be unlawful for any livestock to mn at large within the city. (C) Any livestock found running at large within the city shall be impounded by the City's Ani ~ r,~*.. mal Control Officer ...... ; and turned over to the Palm Beach County Animal Care and Control Division. The sum of $5 per day per head shall be assessed against the owner of the livestock for an impoundment by the city in addition to any other charges that may be levied by the Palm Beach County Animal Care and Control Division. Any person who willfully or negligently allows any livestock belonging to him, or under his custody or control, to mn at large within the city, shall be guilty of a violation. As a part of the penalty, an appropriate court having jurisdiction shall assess all costs of impounding those animals against the defendant. Section 2. That Title IX, "General Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, Chapter 91, "Animals", Section 91.25, "Vicious Dogs; Muzzles", be, and the same is hereby amended to read as follows: Section 91.25 VICIOUS DOGS~ MUZZI,ES. All vicious dogs kept in the city shall be adequately muzzled if they appear on the public streets, thoroughfares or other public places in the city. A dog shall be considered a vicious dog if the dog has attacked or attempted to attack a person on a public street, thoroughfare or other public place in this city, and a complaint has been made to .u~,..v .~"~'~:~,.,~..v nr~.~.... ,~...~ ~v~'~--~-.~r~'~+ the City's Animal Control Officer "~ *~':- ......... ~ or the Palm Beach County Animal Care and Control Division concerning the same,,. ~ a. ........ r a.~ ~ ~..~ ~. ..... +:~.~: -..~+:..,. ~... - ~ ................... ~ ................. n ........ ~ ~; ~.~ Public Section 3. That Title IX, "General Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, Chapter 91, "Animals", Section 91.26, "Report of Dog Bites Required", be, and the same is hereby amended to read as follows: Section 91.26 REPORT OF DOG BITES REQUIRED. In the event any person is bitten by a dog within the city, then it shall become the duty of the person or the owner of the dog with knowledge thereof, to report the incident to the-gubtie4go~ gL-ganm~ the City's Animal Control Officer cf the city, or to the Cz:mty H:a!~ De~am'av. er~ Palm Beach County Animal Care and Control Division, within 24 hours thereaRer. Section 4. That Title IX, "General Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, Chapter 91, "Animals", Section 91.28, "Impoundment; Disposition", be, and the same is hereby amended to read as follows: Section 91.28 IMPOUNDMENT~ DISPOSITION. 2 oea). NO. '\\ -o3 in ~e city in violation of ~y of thc provisions of ~s subchapt~r shall b~ ~po~ded by ~ ......... r ........~ C~ty s ~m~ Conffol Officer ......... :. T~s ....... dog shall b~ ~d over to ~c Pa~ Beach Co~ty ~ C~ ~d Conffol Division ~ soon as prac~cal. ~ pic~p fe~ l~vicd by th~ city shall b~ $5, cxc~t ~at for multiple offenses wi~in a one-ye~ p~fiod ~e pickup fcc shall be $10 for ~ second offcns~ ~d $25 for each subsequent offense. ~ addition, there shall bc imposed a bo~ng f~e of $5 p~ day for each day or ~acfion ~ereof ~at ~ ~mal dog shall be impounded. No ~.~ dog c~ b~ r~cl~med ~om ~ city ~less th~ o~ c~ show proof of inoculation ag~nst rabies ~d a c~ent co~ license. ~ o~er of ~1 ~s ~d over to ~c city for dispos~ s~l be ch~g~d a gee of~ $10. Section 5. That Title IX, "General Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, Chapter 91, "Animals", Section 91.42, "Impoundment Authorized; Disposition", be, and the same is hereby amended to read as follows: Section 91.42 IMPOUNDMENT AUTHORIZI~,I~; DISPOSITION Any stray cat found in violation of any of the provisions of this subchapter shall be impounded by .~,~,_~ ~'a":~,.v..~ ,~r~,~,~,, v..,~ ~,.,,...~..~r~-~"~* ~.~ ,~,.~ ~ity the City's Animal Control Officer. The ar2mal cat shall be turned over to the Palm Beach County Animal Care and Control Division as soon as practical. The pickup fee levied by the city shall be $5, except that for multiple offenses within a one-year period the pickup fee shall be $10 for the second offense and $25 for each subsequent offense. In addition, there shall be imposed a boarding fee of $5 per day for each day or fraction thereof that the ._;~ · ....... eat shall be mapounded. The owner of all animals turned over to the city for disposal shall be charged a fee of $5 $10. Section 6. 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 7. hereby repealed. That all ordinances or parts of ordinances in conflict herewith, be, and the same are Section 8. and final reading. That this ordinance shall become effective immediately upon its passage on second 3 ORD. NO. [ ~ -03 PASSED AND ADOPTED in regular session on second and final reading on this __ ,2003. day of ATTEST: MAYOR CITY CLERK First Reading. Second Reading 4 ORD. NO. \\ -03 [ITY OF DELRrlY BEACH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH AJl. Amrka City DATE: April 29, 2003 MEMORANDUM Writer's Direct Line: 561/243-7090 TO: FROM: David T. Harden, City Manager City Commission Terrill Pyburn, Assistant City Attorney SUBJECT: Revised Security Ordinance Please place the revised security ordinance on the agenda for the next City Commission meeting. Do not hesitate to contact me if you have any questions. Thank you. TCP:smk Attachment cc: Barbara Garito, City Clerk ORDINANCE NO. ¥~.-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", BY AMENDING SECTION 35.056, "DESIGNATIQN OF PERSONNEL AS CRITICAL TO SECURITY", TO PROVIDE FOR FINGERPRINTING AND BACKGROUND CHECKS FOR ALL UNESCORTED PRIVATE CONTRACTORS, VENDORS, AND REPAIR AND DELIVERY PERSONNEL WHO HAVE ACCESS TO ANY PUBLICLY OPERATED FACILITIES, WHICH ARE DESIGNATED AS CRITICAL TO SECURITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, there are certain employment positions which are designated as critical to the security of the City; and WHEREAS, the City Commission has determined it to be in the public's best interest to subject all unescorted contractors, vendors and repair and delivery personnel who have access to facilities critical to security to fingerprinting and background checks in order to ensure safety and security in accordance with Section 166.0442, Fla. Stat. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", of the Code of Ordinances of the City of Delray Beach, is hereby amended by amending Section 35.056, "Designation of Personnel as Critical to Security" to read as follows: Section 35.056 DESIGNATION OF PERSONNEL AS CR1TICAL TO SECURITY. (A) All departments designated herein as critical to security shall require that any person applying for, appointed to, contracted by or continuing employment in, any such department or in any such facility which is decided to be critical to security shall be fingerprinted in accordance with Section 166.0442, Fla. Stat. The fingerprints shall be submitted to the Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of Investigation for a national criminal history record check. The information obtained from the criminal history record checks conducted pursuant to the ordinance may be used by the City to determine an applicant's eligibility for employment or appointment and may determine the employee's eligibility for continued employment. Refusal to submit to fingerprinting and background checks may result in discipline up to and including termination of already existing employees or a decision not to hire new applicants. (1) Employees and applicants as well as all unescorted contractors, vendors and repair and delivery personnel who enter into the following divisions and departments, hereby designated as critical to security, shall be subjected to fingerprinting and background checks: (a) Police (b) Management Information Systems (c) Fire-Rescue (i) Exemptions: Fire Fighters, Fire Fighter Candidates, and Paramedics shall be governed by applicable fingerprint requirements as established by chapters 401 and 633 of the Florida Statutes and/or other administrative rules attendant thereto; and with respect to new applicants, they may be subjected to administrative background investigations in addition to county, state and national criminal history checks which are now or may be established in the future by the Fire-Rescue Department. Section 2. That should any section or prevision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2003. MAYOR ATTEST City Clerk First Reading Second Reading. ORD. NO. -o3