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Agenda Reg 06-20-00CITy OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETINg: JUNE 20, 2000 6:00 P.M./PUBLIC HED, RINGS 7:00 P.M. ~OMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (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 meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGE____~A 2. 3. 4. 5. 6. e Roll Call.* Invocation. Pledge of Allegiance to the Flag. Agenda Approval. Approval of Minutes: Procl-~-tions: A. Parks and Recreation Month - July 2000 Presentations: A. Beautification plans for Lake Ida Road between Congress Avenue and Military Trail (Turner & Associates) Consent Agenda: City Manager recommends approval. A. AGREEMENT FOR MANAGEMENT SERVICES/INTERIM ~CUTI¥~ DIR~CTun ~ Approve an agreement for management services etween the City and the Community Redevelopment Agency which provides for Diane Dominguez to act as Interim Executive Director for the CRA commencing July 5, 2000. B. RATIFICATION OF CHAMBER APPOINT~.~T TO THE PARKING MANAGEMENx ADVISORY BOARD: Approve and ratify the ppolntment of Mark Baron as the Chamber of Commerce representative on the Parking Management Advisory Board for a two year term ending July 1, 2002. Co ACCEPTA/~CE OF EASEMENT DEED AND HOLD HAR~.RSS AGREEMENT/EObiTV PAR~RS S~N, LTD.: Accept an easement deed for the installation/construction of a sewer main on the new Publix site between northbound and southbound Federal Highway, and approve a hold harmless agreement for improvements and maintenance within the easement once it has been constructed. AMENDMENT ~002 TO STANDARD CONTRACT WITH DEPARTMENT O~ C~iLDREN & FAMILIES (ALCOHOL, DRUG ABUSE AND MENTAL HEAL~'u ~ROGRAM OFFICE) FOR FY 1999/2000: Approve Amendment #002 to the standard contract between the City and the Department of Children & Families which decreases the funding allocation for Regular Commission Meeting June 20, 2000 MAD DADS, Excel Focus Five Program from $95,000 to $54,000 based on current program funding needs (i.e. deleting the expansion of the program into Plumosa Elementary School). STA17DARD CONTRACT WITH DEPART~T. OF CHILDREN & FAMILIE~ (ALCOHOL, DRU~ ABUSE AND MENTAL w~aLTH PROGRAM OFFICE) FOR Fx ~ Approve the standard contract between the City and the Department of Children & Families which provides for the Community Improvement Department,s administration, on behalf of MAD DADS, of $135,000 in substance abuse prevention funding assistance for FY 2000/2001. FUNDING SUBSIDY UNDER D~LWAY BEACH RENAISSANCE PROORAM: Approve a funding subsidy in the amount of $15,000.00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the 107th homeownership sslstance grant provided a ' through the program to-date. ACCEPTANCE OF RIGHT-OF-WAY D~D/SPEN~?.mR CONSYROCTION MASONRY: Accept a right-of-way deed for N.E. 3rd Avenue associated with Spengler Construction and Masonry, Inc., to be located on the west side of N.E. 3rd Avenue, approximately 130 feet south of N.E. 4th Street, within the CBD-RC (Central Business District-Railroad Corridor) zoning district and the Pineapple Grove Redevelopment Area. REVIEW OF APPRaT.aULE LAND DEVELOPMENT BOARD ACTIONS. Accept the actions and decisions made by the Land Development Boards for the period June 5th through June 16, 2000. AWARD OF BIDS AND CONTRACTS: Contract award in the amount of $13,690.00 to Eagle Painting for the Pompey Park Community Center and Gymnasium painting project, with funding from 001-4127-572-46.10 (Pompey Park Recreational Facility/Repair and Maintenance Services). Purchase award in the amount of $11,540.62 to JC White Office Furniture, via State of Florida contract, for the purchase of office furniture for the Police Department,s Records Section, with funding in the amount of $2,095.80 from 001-2113-521-64.10 (Police Support Services Office Furniture/Fixtures) and $9,444.82 from 001-2113-521-51.20 (Office Equipment <$500). o Contract award in the amount of $1,458,795.00 to Telcon, Inc. for the Venetian Drive Improvements project (Venetian Drive, Miramar Street, Ingraham Avenue, Nassau Street and Langer Way), with funding in the amount of $704,507 from 441-5181-536-65.09 (Venetian Drive), $112,239 from 442-5178-536-61.78 (Water Distribution Improvements), $185,548 from 448-5461-538-65.09 -3- Regular Commission Meeting June 20, 2000 (Stormwater/Venetian Drive), and 370-3162-541-65.42 (Barrier Island). Regular Agenda= $456,501 from CONDITIONAL USE REOUEST/DELP, Ay BEACH ANTIOUE MALL Consider a request for conditional use approval to allow the establishment of a bazaar for the Delray Beach Antique Mall. The subject property is located at the southwest corner of North- Federal Highway and N.E. 14th Street, and is zoned GC (General Commercial) District. QUASI-JUDICIAL PROCEEDING DIRECTION ON TRAFFIC CALMING MEASURES (PINEAPPLE GROVE WAY) Provide direction concerning the traffic calming measures to be used along the Pineapple Grove Way corridor, in particular at the intersection of N.E. 3rd Street and Pineapple Grove Way (N.E. 2nd Avenue). AGREEMENT FOR SIDEWALK IMPROV~m~TS/SPENGLER CONSTRUCTION AN~ .MASONRY: Consider approval of an agreement between the City and AIS Investments, LLC {Spengler Construction and Masonry) to allow the deferral of sidewalk improvements along N.E. 3rd Avenue until such time as the City requests the sidewalk to be constructed. Do SPECIAL EVENT REOUEST/AARP WALK EVENT: Consider a request for special event approval to allow the 2nd Annual AARP Walk to be held on Saturday, October 7, 2000, including temporary use permit, staff support for traffic control and waiver of parking meter fees. E. SPECIAL EVENT REOUEST/AVDA 5K Wa~.w. Consider a request for special event approval to allow the 2nd Annual Aid to Victims of Domestic Abuse (AVDA) 5K Walk to be held on Saturday, October 28, 2000, including temporary use permit, staff support for traffic control and waiver of parking meter fees. F. SPECIAL EVENT REOUEST/SUMMER NIGHTS ON THE AVENUE: Consider a request for special event approval for the Summer Nights on the Avenue program, including temporary use permit, staff support with payment to the City for overtime costs exceeding $5,000 and allow the Marriott, Sandoway and Ingraham parking lots to be left open until midnight for the August 24th event. G. SPECIAL EVENT REOUEST/4TH OF JULY CELEBRATION. Consider a request for special event approval for the 4th of July Celebration event, including temporary use permit for street closures, waiver to allow banners and flags, waiver to allow assembly on the beach and vendors on A1A, and staff support. H. CRA APPLICATION TO ~R~p PALM BEACH COUNTY BEAUTi~uh, INC. (BEAUTIFICATION ON WEST ATLANTIC AVENUE) Consider a request from the Community Redevelopment Agency for the City's participation and assistance with the CRA,s application to -4- Regular Commission Meeting June 20, 2000 Keep Palm Beach County Beautiful, Inc. for funding of beautification activities on West Atlantic Avenue (10th to 12th Avenues) DESIGNATION OF VOTING D~n~GATE/FLORiDA LEA~O~ OF CITIES ANNUAL CONFERENCE: Designate a voting delegate to the Florida League of Cities, 74th Annual Conference to be held at the Broward County Convention Center in Fort Lauderdale on August 10-12, 2000. FLORIDA MUNICIPAL INSURANCE TRUST/TRUST== NOMINATIONS: Consider if there is any interest in having a City Commission member's name placed in nomination for election to the Florida Municipal Insurance Trust Board of Trustees. APPOINTMENT TO COMMUNITY REDEVELOP~rm.~_~T A~NCY Appoint a member to the Community Redevelopment Agency for a four year term ending July 1, 2004. The appointment will be made by Mayor Schmidt (Seat %5). APPOINTMENTS TO DOWNTOWN DEVELOPMENT AUthORITY: Appoint two members to the Downtown Development Authority for three year terms ending July 1, 2003. The appointments will be made by Commissioner Perlman (Seat %1) and Commissioner Archer (Seat %2). M. APPOINTMENT TO DR~.~Y BEACH HOUSING AUTHORITY: Appoint a regular member to the Delray Beach Housing Authority for a four year term ending July 14, 2004. The appointment will be made by Commissioner Archer (Seat %2). N. APPOINTMENTS TO CIVIL SERVICE BOARD: Appoint two regular members and one alternate member to the Civil Service Board for two year terms ending July 1, 2002. The regular member appointments will be made by Commissioner Schwartz (Seat %3) and Commissioner McCarthy (Seat %4). The alternate member appointment will be made by Mayor Schmidt (Seat %5). O. APPOINTMENT TO POLICE AND FIRE BOARD OF TRUST~m~ Appoint a public member to the Police and Fire Board of Trustees for a two year term ending June 30, 2002. The appointment will be made by Commissioner Perlman (Seat #1). P. DEMAND FOR J~IDG94ENT/ADD~Ly V. CITY= Consider a demand for judgment in the referenced matter. Q. DEMAND FOR J~3D~w~m~T_/JENKINS V. CITY! Consider a demand for judgment in the referenced matter. R. PROPOSAL FOR SETT~.~O~.NT/BEiZER V. BRIN~R, ET AL.~ Consider a proposal for settlement in the referenced matter. S. SETTLEMENT OFFER/CLIFFORD V. CITY~ Consider a settlement offer in the referenced matter. -5- Regular Commission Meeting June 20, 2000 10. Public Hearings= Ao ORDINANCE NO. 12-00 (SECOND READING/SECOND PUBLIC HEARING) An ordinance amending LDR Section 4.4.18(B) (4) to allow limousine services as a principal use within the Service Industry land use category of the Planned Commerce Center (PCC) District. Bo ORDINANCE NO. 13-00 (SECOND READING/SECOND An ordinance amending Appendix A, "Definitions',, of the Land Development Regulations regarding dwelling units and other habitable structures. 11. Comments and Inquiries on Non-Agenda Items from the Public- imediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings= None 13. Comments and Inquiries on Non-Agenda Items. City Manager City Attorney City Commission -6- WHEREAS, recreation enhances the health and well-being of people of every age, young and old, able and disabled; and WHEREAS, the importance of recreation must be continually reemphasized in a technologically advanced society such as ours; and WHEREAS, all citizens can enjoy self-renewal in the out-of-doors through green spaces and facilities in parks; and WHEREAS, our state parks are major attractions each year, not only for our own citizens, but also for the millions of visitors to Florida; and WHEREAS, other governmental bodies, such as the federal government, cities and counties, also maintain parks and playgrounds for the benefit of residents and visitors; and WHEREAS, Parks and Recreation Departments, such as in the City of Delray Beach, provide countless benefits for their citizens; and WHEREAS, we, as a nation, must have an awareness of the potential value to us of leisure and recreational activities. NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim July, 2000, as "PARKS AND RECREATION MONTH" in Delray Beach, Florida, and urge that attention be directed to the many ways in which park, recreation and civic groups, public schools, private organizations, and other agencies may expand recreation facilities and programs so that every citizen will have the opportunity to develop meaningful and satisfying leisure activities. 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 20th day of June, 2000. DAVID W. SCHMIDT MAYOR Request to be placed on: XX Regular Agenda When: June 20, 2000 AGENDA ITEM NUMBER: AGENDA REQUEST Special Agenda Date: Workshop Agenda June 13, 2000 Description of agenda item: Request approval of attached Proclamation for the Mayor's signature naming July, 2000 as "Parks and Recreation Month." NO X NO X ORDINANCE/RESOLUTION REQUIRED: YES. Draft Attached: YES Recommendation: Approval. Determination of Consistency w~. ~u..prehensive ,,j City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved f0r agenda:~ ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved ~Disapproved (if applicable) W~EREAS, recreation enhances the health and well-being of people of every age, young and old, able and disabled; and, WHEREAS, the importance of recreation must be continually reemphasized in a technologically advanced society such as ours; and, W/qEREAS, all citizens can enjoy self-renewal in the out-of-doors through green spaces and facilities in parks; and, WHEREAS, our State parks are major attractions each year, not only for our own citizens, but also for the millions of visitors to Florida; and, WHEREAS, other governmental bodies, such as the Federal Government, cities and counties, also maintain parks and playgrounds for the benefit of residents and visitors; and, WHEREAS, Parks and Recreation Departments, such as the City of Delray Beach, provide for countless benefits for their citizens; and, WHEREAS, we, as a nation, must have an awareness of the potential value to us of leisure and recreational activities, NOW, THEREFORE, I, DAVID SCHMIDT, Mayor of the City of Delray Beach, Florida, do hereby proclaim July, 2000, as ,,PARKS AND RECREATION MONTH" in Delray Beach and urge that attention be directed to the many ways in which park, recreation and civic groups, public schools, private organizations, and other agencies may expand recreation facilities and programs so that every citizen will have the opportunity to develop meaningful and satisfying leisure activities. IN WITNESS WHEREOF, I have hereunto Official Seal of the City of Delray Beach, 20th day of June, 2000. set my hand and caused the Florida, to be affixed this MAYOR DAVID SCHMIDT TO: THROUGH: FROM; RE: DAVID HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT/~//~) NANCY DAVILA, HORTICULTURIST LAKE IDA ROAD BEAUTIFICATION KEEP PALM BEACH COUNTY BEAUTIFUL GRANT APPLICATION DATE: JUNE 14, 2000 ITEM BEFORE THE COMMISSION The item before the Commission is the presentation of the landscape plans for Lake Ida Road, between Congress Avenue and Military Trail. BACKGROUND Landscape plans, designed by Debra Turner with Jerry Turner & Associates, will be submitted to Keep Palm Beach County Beautiful for assistance with project funding to meet their Jtme 30, 2000 project deadline. Eligible project costs can be matched with County funding through the grant process. The City has allocated $250,000 in the Capital Improvement Plan. The road widening will not be completed by the County until December 2001, so the funding (originally thought to be needed in the 2000/01 budget) can be moved to the 2001/02 budget. The landscape architect has been directed to utilize some of the same plant materials used on the eastern portion of Lake Ida to maintain some continuity. The shrubs and ground covers will emphasize more color than the eastern portion, however. Ms. Tumer will present the project addressing both project design and funding, and respond to any questions regarding the proposal. RECOMMENDATION Staffrequests favorable consideration of the proposed landscape plans to enable the City to move forward with the grant submittal. Refined project costs will be submitted at a later date to ensure adequate funding is included in the 2001/02 budget. Agenda Item No.: ~7.,41. AGENDA REQUEST Request to be placed on: xxx Regular Agenda __ Special Agenda Workshop Agenda __ Consent Agenda Date: June 14, 2000 When: June 20, 2000 Description of item: Presentation of Lake Ida Road beautification plans in connection with the application for the Keep Palm Beach County Beautiful Grant. Recommendation: Approval of proposal to enable the City to move forward with the grant submittal. Department Head Signature: ~ ~ t/~E5~~ '"'~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO ,~-~0.7C~;~ ~ 7x~f~pl~le) Funding Alternatives: Account No. & Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Page 7 of 7 KPBCB Application Form L. SUMMARY OF PROJECT COSTS FOR COUNTY BCC APPLICATIONS: COUNTY BCC APPLICATIONS ONLY fRounded to the nearest dollar fl~ure~ 50% Maximum of Total Project Cost A Itemized Description of Project Costs Keep Palm Beach County Beautiful Grant Request $47,664.00 $89,49t .00 1. Vegetation Materials (trees~ shrubs~ ground cover) 2. Installation: Labor & Planting Materials (mulch, planting backfill, stakes~ etc.) 3. Irrigation System (maximum 75% of Total Project Cost) (labor & materials: square foot basis) 4. Water by Truck During Installation (labor & materials) 5. Authorized Sidewalk Cuts / Removal (labor & materials) 6. Tree Grates (labor & materials) 7. Decorative Paving (labor & materials) 8. Landscape Accent Lighting (labor & materials) 9. Establishment Period Maintenance by Applicant or Others (labor and materials -maximum 6 months) 10. Establishment Period Maintenance by Installing Landscape Contractor (labor and materials - maximum one year) 11. Design Fees (maximum 10% of Total Project Cost) 12. Other(identify) $43,639.00 50% Minimum of Total Project Cost B Applicant's Match* $47,664.00 $89,491.00 $43,639.O0 C Other Match* Grants, Donations, atc. 13. Other(identify) NOTES: * Define soumes and timing of availability of all matching funds by attachment (grants, donations, in-kind services). All cost items must correlate to those in the required "Supplemental Detailed Budget" to be attached. See item J-2 in application checklist for requirements If a project is to be phased, clearly delineate phases by number and area on the plans. Only phases to be installed using this year's grant cycle funding and match require a detailed cast budget. $ $ $ $ $11,250.00 $ $ $180,794.00 Total Eligible $ $192,044.00 Subtotal (Column B) $192,044.00 $ Subtotal (Column C) Grant Costs (Column A) Total Matching Funds (Column B + C) $372,838.OO TOTAL PROJECT COST (Columns A + B + C) Maximum 75% for Irrigation system. KEEP PALM BEACH COUNTY BEAUTn~OL, INC. 1920 Palm Beach Lakes Blvd., Suite 210, West Palm Beach, FL 33409 TEL ~61/686-6646 FAX 5611686-6642 LAKE IDA ROAD BEAUTIFICATION Canopy/Ornamental T QV Quercus~rginiana 18, htxg'sp, 8'ctmin 30 $270.00 $230.00 $500.00 $15,000.00 CF Cassia fistula 10' ht xS'sp 22 $100.00 $150.00 $250.00 $5,500.00 CS Cordia sebest~na 10' k~x 5' sp 8 $150.00 $150.00 $300.00 $2,400.00 NO Nedum oleander 10' ~ x 5' sp 6 $80.00 $70.00 $150.00 $900.00 CD Cocoluba diversifolia 18' ht x 9' sp, 8' ct min 8 $270.00 $230.00 $500.00 $4,000.00 CE Conocaq~us erectus 'sedceus' 10'htx 5' sp 8 $100.00 $150.00 $250.00 $2,000.00 18, ht x 9' sp, 8' ct rain 4 $180.00 $170.00 $350.00 $1,400.00 WR washingtoniafobusta 16'ctto24'ct 54 $425.00 $375.00 $800.00 $43,200.00 TR Thrinax r&diat~ 6'-8' ct 20 $240.00 $210.00 $450.00 $9.000.00 CH Chamae~ops humilis 8' oa 6 $160.00 $240.00 $400.00 $2,400.00 3' htx 3' sp 17 $100.00 $100.00 $200.00 $3,400.00 LowShrubs & Groundcove~s CI Chrysobalanus icaco ' Ho,zontah 18" htx18" sp 2914 $5.50 $4.50 $10.00 $29,140.00 t~M Euphorbia milii 'rosy' 12' hr. 1 gal 2287 $2.50 $2.50 $5.00 $11,435.00 IN Ixora 'Nora Grant' 18" htx 18" sp 1199 $4.00 $4.50 $8.50 $10,191.50 FAK Trips&cum dact~oides 'dwf 12" x 12' 470 $4.25 $4.25 $8.50 $3,995.00 IV Ilex vomitoria 12" x 12" 260 $5.50 $3.50 $9.00 $2,340.00 THY Galphimia glauca 18' htxlS"sp 964 $4.50 $4.00 $8.50 $8,194.00 VAR SchefSe ra a~oodcola ~d nette' 18" htx 18" sp 1155 $5.50 $3.50 $9.00 $10,395.00 HL Hym enocallis latJfolia 18' ht x 18' sp, 3~al. 579 $4.00 $3.50 $7.50 $4,342.50 JC Juniperus chinensis 'Pamonii" 8" ht- X 18" sp 1571 $4.00 $3.50 $7.50 $11,782.50 N~scallaneous Rems Unit Total Qty. UnR Cost Total Cost Weed Fabric SY 6807 $1.75 $11,912.25 Mulch 3" D~ep - Flora Mulch CY 507 $14.50 $7,351.50 Recycled Organic Matedal CY 2024 $25.00 $50,600.00 Bed Prepara~on SY 6084 $2.25 $13,689.00 Fe~lizer 12-6-8 TON 2.1 $700.00 $1,470.00 Fertilizer Palm TON 0.37 $700.00 $259.00 Mllorganite TON 0.8 $375.00 $300.00 Tree staking EA 85 $10.50 $892.50 Palm Staking EA 54 $15.00 $810.00 Traffic Control Lump Sum 1 $5,000.00 $5,000.00 Soil Testing Allowance Lump Sum 1 $1,000.00 $1,000.00 Indemnification Lump Sum 1 $10.00 $10.00 Maintenance Period - 6 m0nths Lure Sum I $11,250.00 $11,250 00 intgat~ofl System Total cost MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM 7h AGREEMENT FOR - REGUT.AR MEETING OF JUNE 20, 2000 MANAGEMENT SERVICES (CRA INTERIM [*.xF. CUTIVE DIRECTOR) DATE: JUNE 15, 2000 This is before the Commission to approve the agreement between the City and the Community Redevelopment Agency with respect to Diane Dominguez serving as the CRA Interim Executive Director. The term of the agreement will begin on July 5, 2000 and continue until the earlier of October 31, 2000 or the date the CRA's new Executive Director commences work. The agreement was approved by the CRA Board on June 8, 2000. It has been reviewed and approved by the City Attorney. Recommend approval of the Agreement for Management Services between the City and the CRA. RefiAgmemol0.Agrnt. for Management Sex'vices. CRA Interim Ex.Director June 13, 2000 DE LRAY BEACH Mr. David Harden City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 RE: Agreement for Management SeD/ices Between the City of Delray Beach and the Delray Beach Community Redevelopment Agency Dear Mr. Harden: Enclosed are three originals of the above-referenced agreement for the services of Diane Dominguez to act as Interim Executive Director commencing July 5, 2000. These agreements were approved at the Board meeting of June 8, 2000 and executed by John Weaver, Chairman. Alter approval by City Commission, please forward one fully executed copy to me for the CRA's file. Thank you. Sincerely, Diane Hervey Assistant to the Director /d enclosure c: Robert W. Federspiel w/enclosure 24 North Swinton Avenue, Delray Beach, Florida 33444 561-276-8640 · Fax 561-276-8558 AGREEMENT FOR MANAGEMENT HEI:IVlCE~ B~I'WEEN THE CITY OF DELRAY BEACH AND THE DELI:lAY BEACH COMMUNITY REDEVELOPMENT AGENCY THIS AGREEMENT, made and entered into as of the dayof , 2000, by and between the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter called the "CRA" and the CITY OF DELRAY BEACH, a Florida municipality, hereinafter called the "City." WHEREAS, the CRA, a public body organized and existing under and by virtue of the Laws of the State of Florida, for the purpose of operating as a Community Redevelopment Agency; and WHEREAS, the Executive Director of the CRA has resigned effective July 1, 2000, the CRA is in the process of conducting an Executive Search and is in need of interim management services until a new Executive Director is hired; and WHEREAS, the City represents that it is competent and able to provide interim management of the CRA by assigning its Director of Planning, Diane Dominguez to serve as Interim Executive Director for the CRA; and WHEREAS, the CRA has likewise indicated its desire to engage the City to render professional services and assistance in connection therewith; and NOW, THEREFORE, the CRA and the City, in consideration of those premises and of the mutual convenience herein set forth, do mutually agree as follows: SECTION I A. Aareement to Perform Work: The CRA agrees to engage the City through this contractual Agreement and the City agrees that during the term of this Agreement to perform the management services as stated herein and the CRA agrees to pay for the performance of such work on and under conditions set forth in this Agreement. B. Interim Executive Director. The City shall provide to the CRA, Diane Dominguez to serve as the Interim Executive Director of the CRA. The Interim Executive Director shall have general supervision over the administration of the business and affairs of the CPJ~ and shall be charged with the management of the CRA, subject to the direction of the Board of Commissioners of the CRA. SECTION II The CRA agrees to compensate the City, in accordance with the terms and conditions of this Agreement as follows: One Hundred percent (100%) reimbursement for all direct services of the CRA including salary at the rate of Six Thousand Five Hundred Dollars ($6,500.00) per month, employee benefits, and other costs associated with the services of Diane Dominguez in the general operation and management of the CRA. The City shall submit a written voucher for payment to the CRA on or before the 10th day of each month under the terms of this Agreement. Such payments shall be made by the CRA on the 20th of each month beginning with the first month immediately following the execution of this 2 Agreement. The CRA shall have no obligation whatsoever, other than to make the payments required of it to the City as provided herein and to provide such direct reimbursement of the Interim Executive Director's out-of-pocket approved expenses in the same manner as the current Executive Director is reimbursed. SECTION III GENERAL TERMS AND CONDITIONS A. Term of Contract. The term of this Agreement shall begin on '..,/~ ~' .-'-'-'-'-'-'-'-'-'~' ,2000, and continue until the earlier of (a) ~7~z~=z~ ~/, ,=~.uc~) or (b)the date the CRA's new Executive Director commences work. If, through any cause, either party shall fail to fulfill in a satisfactory manner its obligations under this Contract, the other party shall thereupon have the right to terminate this Contract by giving a written notice to the noncomplying party of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of termination. B. Indemnification. The CRA agrees to indemnify the City to the extent permitted by law from any and all liability, loss or damage the City may suffer as a result of claims, demands, costs or judgments against it arising from the acts of City employees when performing acts in furtherance of this Agreement, under the supervision of the CRA. C. Nondiscrimination. There shall be no discrimination against any employee who is employed in the work covered by this contract, or against any applicant for such employment, because of race, religion, color, gender or national origin. These provisions shall include, but not be limited to, the following: Employment, upgrading, 3 demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In case of any subcontracting of the work covered by this Contract, the City shall insert the preceding two sentences in this Agreement with the subcontractors. D.- Discrimination Because of Certain Labor Matters. No person employed on the work covered by this Contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted any proceeding under or relating to the labor standards applicable hereunder to his or her employer. E. Comoliance With Local Laws. The City and the CRA shall comply with all applicable laws, ordinances, and codes of the state and local government. IN WITNESS WHEREOF, the parties hereto have made and agreed to mutually bide by the covenants contained within this Agreement as written. The parties hereto have caused these presents to be signed by their duly authorized officers on this day of ,2000. WITNESSES: CITY OF DELRAY BEACH, FLORIDA By: MAYOR Approved as to Form: {~:~ity Attorney, City of Delray Beach WITNESSES: DELRAY BEACH COMMUNITY REDEVELOF By: VlENT AGENCY ,..~ ' C'h~r'~ers(~n 5 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~/l AGENDA I._.~TEM ~_~ - REGULAR MEETING OF JUNE 20, 2000 RATIFICATION OF CHAMBER APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD DATE: JUNE 15, 2000 On March 21, 2000, the City Commission ratified the appointment of Mark Baron as the Chamber of Commerce representative on the Parking Management Advisory Board. Mr. Baron was recommended for appointment by the Chamber to fill an unexpired term ending July 1, 2000. Attached is a letter from Bill Wood, Chamber President, recommending that Mr. Baron be reappointed as the Chamber representative to the Parking Management Advisory Board. This is in accordance with Resolution No. 33-98 which provides that the Chamber of Commerce shall recommend an appointee to the City Comtmssion, which has the authority to approve and ratify the recommendation. The term of appointment is for two years. A copy of Mr. Baron's application is attached for your review. It is recommended that the Commassion approve and ratify the appointment of Mark Baron as the Chamber of Commerce representative to the Parking Management Advisory Board for a two year term ending July 1, 2002. RefiAgmemo3.Ratificafion of Chamber Appt.toPMAB From: Bill Wood To: Pat Warren Date: 5/17/2000 Time; 1:00;46 PM Page 1 of 1 May 17, 2000 Pat WarTen City of Delray Beach Office of City Clerk 100 NW 1~* Avenue Delray Beach FL 33444 Dear Pat: I am delighted to re-submit Mark Baron as the Gr. Deb'ay Beach Chamber's appointment to the Parking Management Advisory Board Mark, with his wife, Sharon, are the owners of Native Accents gallery irt the Waterway East Building, 900 E. Atlantic Ave. Ste 11. ' ' Sincerely, William J. Wood President RECEIVED NAY ! 7 2000 CITY CLERK · Greater Delrav Beach Chamber of Con~merce · 64 SE 5th Ave. · Delrav Beach FL 334&:~ · (561) 278-0424 FAX 278-0555 BOARD MEMBER APPLICATION 9. L~ ~ny rela~! pr~ieml ee~ificeflons ami fms~*s ~'hir. h ~ hold: tO. Give y~.~t ptemn~ ~ mos~ t~cent ~mploy~, and ix~on: s~bmicted. It will be ibc appllcaut'~ tet, poasildlity ~o ellm~e ~ & cumml appli,~ca~ i~ on file. RECEIVED HAR 15 2000 CITY CLERK [ITY OF DELRIIY BEFIEH CITY ATTORNEY'S OFFICE ~ll.~bmica City 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 June 13, 2000 City Commission Brian Shutt, Assistant City Attorney SUBJECT: Acceptance of Utility Easement and Hold Harmless Agreement from F. qni~ Par~n~rn ,qe. ven. l,td Attached is an Easement Deed for the installation/construction of a sewer main on the new Publix site between Northbound and Southbound Federal Highway. Also, attached is a Hold Harmless Agreement providing that the Owner will hold the City harmless for any damage that could occur if the City performs maintenance on the sewer main once it has been constructed and once the Owner installs a parking lot on top of the Easement. By copy of this memorandum to David T. Harden, City Manager, our office requests that these items be placed on the June 20, 2000 City Commission agenda for acceptance and approval. Please call if you have any questions. RBS:smk Attachments CC: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Barron Caronite, Assistant City Engineer R. Brian Shut~, Esq. Ci~ Atmmc'y's Offic~ 200 N.W. 1st Avenue Delray Beach, Flo~da 33444 Parcel I.D. # EASEMENT DEED THIS INDENTURE, made this fP day of ,,~"/ff~',~ , 200n, by and between address of 3696 N. Federal ~igh~ray, t200, Ft. Lauderdale, FL 33308 ., party of the first part, and the el'FY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 37.~.~., a municipal corporation in Palm Beach County, State of Florida, party of the second pan: WrrNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a non- exclusive fight of way and perpetual non-exclusive easement for the purpose of: installation and maintenance of a sanitary sewer main with furl and free right, liberty, and authority to enter upon and to install, operate, and maintain such utility well under, across, through and upon, over, under or within the following described properv/located in Palm Beach County, Florida, to-wit: DESCRIPTION See Extn'bit ~ A' ~en. Partne Concomitant and coextensive with this right is the further fight in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first pan agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first pan also agrees to erect no building or effect any other kind of vertical structure upon the above-described property and further agrees to execute a hold harmless agreement, aa requested by the party of the second part, for any landscaping or paving installed in this easement. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original 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 tho same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. Rq' WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. (**amc printed or typed) /- (~me printed or typed) PARTY OF THE FIRST PART Mt N/=e: gent,: ¢ .or?. 3696 N. Federal lttgh~ay, Suite 200 (address) Fort Lauderdale, FL 33-308 STATE OF COUNTY OF BaOW~am The foregoing instrument was acknowledged before me this o~3~Y of ce' 200_~0, by george A. l~rgan. Jr. ., r or agent, title of officer or agent), of Florida Pronert¥ Inv~,~'~.n~' Partners, Inc. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. Held, he is pe~known to m_~e or has produced (type of identification) as identification. Signature of Person, Taking Ac g Name Typed, Printed or Stamped 2 ~"'~BT T "~" SKETCH AND DESCRIPTION UTILITY EASEMENT NOTES: 1. Reproductions of this Sketch are not vclid without the signature ond the original raised seol of a Florida licensed surveyor ond mapper. 2. No Title Opinion or Abstract to the subject property hes been provided. It is possible thor there ore Deeds, Easements, or other instruments (recorded or unrecorded) which may offect the subject property. No seorch of the Public Records hos been mode by the Surveyor. .3. Date shown hereon wes compiled from instrument(s) of record ond does not constitute o boundory survey. 4. Abbrevietion Legend: LB.=Licensed Business; LTD.=Limited; P.B.=Plat Book; P.B.C.R.=Polm Beach County Records; PG.=Poge; P.L.S.=Professional Lend Surveyor LAND DESCRIPTION: A portion of Parcel 'A", DANZANSKY PLAT, occording to the plot thereof os recorded in Pier Book 87, Poges 128 ond 129 of the Public Records of Polm Beoch County, Florido, more perticulorly described es follows: Commencing ot the Northeast corner of Troct "A", DUBLIN PROPERTIES I, LTD., according to the Plot thereof es recorded in Plat Book 67, Page 204 of the Public Records of Polm Beach County, Florida; thence S 89'28'25" W, along the North line of soid Tract "A", 130.88 feet; thence N 01'08'55" W, 17.00 feet to o point on the North line of o platted 12 foot Utility Easement and the Point of Beginning; thence S 89'28'25" W, 2.02 feet; thence N 01'08'55" W, 1.3.58 feet; thence S 88'51'25" W, 26.45 feet; thence N 01'1,3'58" W, .31.06 feet (lost four (4) described courses end distonces being coincident with o 12' pletted utility eosement per soid "DANZANSKY PLAT") thence N 88'51'25" E, 28.52 feet; thence S 01'08'.35" E, 44.66 feet to the Point of Beginning. Seid lands lying and situote in Palm Beach County, Florido contoining 912 square feet, (0.021) acres, more or less. CERTIFICATION: I HEREBY CERTIFY TO: that the attoched Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction on April 25, 2000. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 61G17-6, Florida Administrative Code, pursuQnt to Section 472.027, Florida Statutes. // /~ ,,,~ / ~ MICHAEL D. AVlROM, P.L.S. Florida Registration No. 5268 AVlROM & ASSOCIATES, INC. LB. No. 3500 AVIROM & ASSOOIATES, INO, SURVEYING & MAPPING ~0 B.W. 2ND AVENUE, 8MITE 102 BOCA RATON. ~ORIDA ~34a2 JOb # 6434-9 DATE: 4/25/00 SHEET_J_~_OF_~_ SKETCH AND DESCRIPTION U TI LI TY EASEM EN T /-POINT OF COMMENCEMENT _- /N.E. CORNER TRACT "A" /DUBLIN PROPERTIES, LTD. ¢' (P.B. 67, PG. 204-, P.B.C.R.) ~ g,J ~ TRACT A P A R C E L '.A,, b~~ .-u "DANZANSKY PLAT ~ua ~-~ I~'oo (P.B. 87, POS. 128-129, P.B.C.R.) ~ ~ I~~. ~:~ z I lpg , ,, ~¢-~' s Ol.O835 E-. ,, =._. "'.,i I ~'--POINT OF' ~EGINNING , iiiiiiiiiiiiiiii!i!iii~ /~-N 01'0835 W .......... 7------ ~ \ 17.00' ...... A ........ -V-:~ ~ >Ls 89.28,2~,, w 2¢ WEST LINE / N 01'15'58" W_/ -N 01'08'35" W 1.3.58 PLATTED 12' 31.06' ~-S 88'51'25" W 26.45' UTILITY EASEMENT (~ = ASBUILT LOCATION OF SANITARY MANHOLE SCALE 1" = 100' AVIROM &ASSOGIATES, lNG. SURVEYING &: MAPPING 50 B.W, 2ND AVENUE, BUI~ 102 BOCA RATON. FLORIDA 38432 (~2000 A'vlROM & ASSOCIATES, INC, ALL RIGHTS RESER"~D. JOB # 6434-9 DATE: 4/25/00 SHEET_2_OF_2_ R. Brian Shu~, Esq. City Attorney's Office 200 Iq.W. 1st Avenue Delra¥ Beach, FL HOLD HARMLESS AGREEMENT FOR IMPROVEMENTS WITHIN AN EASEMENT_ THIS HOLD HAP,_MI.ESS AGREEMENT, is entered into this day of ., 200_0 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida Equity partners with a mailing address 3?.a.a. (hereinafter referred to as "City") and Seven, Ltd. ., 33308 of 3696 lq. ~ederal ~. · l~t. Lauderdale, IR. (hereinafter referred to as "Owner~). WITNESSETH: Avenue WHEREAS, OWNER owns property located at~55 & 555 N.E. Fifth Delray Beach, Florida, and has requested the CITY to allow for the installation or construction of withiu the existing utility easement. The improvements a .park±nc~ lot: ins~lled or constructed into the easement is more parUcularly described m £xhib~t "A", and, !ArHEREAS, CITY maintains a sanitary sewer main within the utility easement; and, WIi. I~REAS, OWNER agrees to hold the CITY harmless for any damage which might be caused to the OWNER'S improvementS installed within the easement as a result of maintenance of the sanitary sewer main within the utility casement. NOW, THEREFORE, for the mutual covenants and mat~ers set forth herein, as of the date set forth above, the par~ies hereby agree as follows: 1. The recitations set forth above are incorporated herein. OWNER owns the property which is legally described in Exhibit 3. That CITY maintains an easement, see Exhibit "C~, in which a sanitary sewer main is located. 4. OWNER, on behalf of itself, its successors, heirs, and assigns, acknowledges that the CITY shall assume no responsibility for the structures, improvements, materials or appurtenances which are being placed within the easement. 5. OWNER, its successors, heirs, and assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, agrees to hold harmless the CITY, its agents, officers, employees and servants from any damage to the improvements placed within the easement. It is understood that any cost for replacement of the improvements shall be OWNER'S, its successors', heirs' and assigns' responsibility and CITY will not be held liable for any damage as a part of the maintenance or construction within the said easement. 6. OWNER, its successors, heirs, and assigns, in consideration of the mutual promises conlained herein and other good and valuable consideration, furthe£ agrees to hold harmless, defend, or reimburse the CITY, for any ~mage that is cauSed to the CITY'S utilities or easement as a result of the construction, maintenance or existence of the improvements located in the easement. 7. This agreement shall not be valid unless signed by uae City's Mayor and City Clerk. 2 8. This agreement constitutes the entire agreement between CITY and OWl~ER and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same fortmlities as this agreement. IN WITNESS WHEREOF, the parties berew have entered into this agreement the day and year first writ~n above. ATTEST: By: City Clerk CITY OF DEL.RAY BEACH, FLORIDA By: Mayor Approved as to Form: By: fi.~.~ City Attorney STATE OF FLORIDA oWNER: Equity partners Seven, Ltd. By: Florida Property Investment Partners, C. on~ral Partner C oyge ar., Presi.en (SEAL) COUNTY OF BRO~Am) . ~~ Of ~ori~ eroperty I~es~e~mc of co~oration ac~owledgmg), a cer or agent) . ~at~et~ Isa .... oration)~o~rafion, on beef of ~e co~oraOon. ~lorida (sram or pta~ ot~,v ' -'- (wpe of He/~ )~oo~lly ~own to m~ or ~s produced ~ntification) iden~fion ~d did (did noO ~e ~ oa~. Sig~mre of No~ ~blic - State of Florida 3 RETAIL CENTER NORm DELRAY (~Ok~k4ONS TRACT "A" i\ I> ~< :m _-. 6TH EXHIBIT "s" SUBJECT PROPERTY Lots 1, 2 and 3, LESS the west 10 feet of said lots and Lots 17 and 18, LESS the east 5 feet of said Lots and LESS the additional right-of-way for U.S. Highway One, HALLER AND GROOTMAN'S SUBDIVISION, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 5, Page 4; said lands situate, lying and being in Palm Beach County, Florida. TOGETHER WITH: Lot 4, LESS the west 10 feet thereof for road right-of-way, HALLER AND GROOTMAN'S SUBDIVISION, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 5, Page 4; said lands situate, lying and being in Palm Beach County, Florida. TOGETHER WITH: Lots 8 and 9, of HOFMAN ADDITION TO DELRAY, FLA.; according to the Plat thereof, as recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 5, Page 3, LESS that portion of the property previously conveyed by Special Warranty Deed dated December 30, 1959 and recorded January 4, 1960 in Official Records Book 448, Page 371, described as the west 10 feet of Lots 8 and 9, HOFMAN ADDITION TO DELRAY, FLA. and a portion of Lot 8, HOFMAN ADDITION TO DELRAY, FLA., described as follows, from a point on the south line of said Lot 8, located 10 feet easterly from the west line of said Lot 8, run easterly along said south line for a distance of 14.84 feet; thence run Northeasterly along a curve concave to the northeast and having a radius of 15 feet for a distance of 23.40 feet, through 'a central angle of 89 degrees 23 minutes 00 seconds to a point on a line parallel with and 10 feet easterly from the west line of said Lot 8; thence run South 01 degree 08 minutes 05 seconds East along said parallel line, for a' distance'°f 14.84 feet to the POINT OF BEGINNING, said lands situate, lying and being in Palm Beach County, Florida, Page I of 4 ' ' EXHIBIT" I~ SUBJECT PROPERTY (CONTINUED) TOGETHER WITH: Lot 10, LESS the west 10 feet as conveyed to the State of Florida in Official Records Book 519, Page 36, Lot 11 and the South Half (S 1/2) of Lot 12, LESS the west 10 feet thereof, as conveyed to the State of Florida in Official Records Book 480, Page 117, HOFMAN ADDITION TO DELRAY, FLA., according to the Plat thereof, recorded in Plat Book 5, Page 3, Public Records of Palm Beach County, Florida. TOGETHER WITH: Lots 26 and 27, HOFMAN ADDITION TO DELRAY, FLA., according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 5, Page 3; said lands situate, lying and being in Palm Beach County, Florida. LESS the east 5 feet thereof and LESS a parcel of land in Lot 26, more particularly described as follows: From a point on the north line of said Lot 26 located 5 feet Westerly from the northeast corner of said Lot 26, run Westerly along said north line for 14.84 feet; thence run Southeasterly along a curve concave to the southwest and having a radius of 15 feet for 23.40 feet through a central angle of 89 degrees 23 minutes 00 seconds to a point on a line parallel with and 5 feet westerly from the east line of said Lot 26; thence run North 01 degrees 08 minutes 35 seconds West, along said parallel line for 14.84 feet to the POINT OF BEGINNING. TOGETHER WITH: All of Lot 29, LESS the east 5 feet thereof, the north 18.04 feet of the west 81.07 feet of ihe east 86.07 feet of Lot 30 and the west 48.93 feet of said Lot 30 and the west 48.93 feet of Lot 31, HOFMAN ADDITION TO DELRAY, FLA., according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 5, Page 3; said lands situate, lying and being in Palm Beach County, Florida. Page 2 of 4 EXHIBIT ~" SUBJECT PROPERTY (CONTINUED) TOGETHER WITH: The south 31.96 feet of the east 86.07 feet of Lot 30 and the east 86.07 feet of Lot 31, LESS the east 5 feet, HOFMAN ADDITION TO DELRAY, FLA., according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 5, Page 3; said lands situate, lying and being in Palm Beach County, Florida. TOGETHER WITH: Lot 5, HALLER AND GROOTMAN'S SUBDIVISION, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 5, Page 4; said lands situate, lying and being in Palm Beach County, Florida. LESS the west 10 feet thereof conveyed to the State of Florida for right-of-way of State Road No. 5, in Official Records Book 480, Page 115, of the Public Records of Palm Beach County, Florida. TOGETHER WITH: Lot 6, LESS the west 10 feet thereof conveyed to State of Florida for right-of-way of State Road No. 5, in Official Records Book 480, Page 113, HALLER AND GROOTMAN'S SUBDIVISION, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 5, Page 4; said lands situate, lying and being in Palm Beach County, Florida. TOGETHER WITH: -" - . : - The following described land, situate, lying and being in the County of Palm Beach and State of Florida, to wit: Being a part of the 6 acre tract conveyed to Howard H. Gabel and Elinor Gabel by Deed of record in Deed Book 747, Page 337, of the Public Records of Palm Beach County, Florida, and being in the Northeast Quarter (NoE. 1/4) of the Southwest Quarter (S.W. 1/4) of Section 9, Township 46 South, Range 43 East, and being more particularly described as follows: Page 3 of 4 EXHIBIT "B" SUBJECT PROPERTY (CONTINUED) Lot 13 and the North One-Half (N. 1/2) of Lot 12 of the HOFMAN ADDITION TO DELRAY, FLA., as recorded in Plat Book 5, Page 3, of the Public Records of Palm Beach County, Florida, being the same land conveyed by Warranty Deed to the Grantor herein by Howard H. Gabel and Elinor H. Gabel, his wife dated February 1, 1954 and recorded in Deed Book 1043, Page 463, in the Office of the Clerk of the Circuit Court, Palm Beach County, Florida. LESS and EXCEPTING that certain parcel of land conveyed by a Special Warranty Deed from American Telephone and Telegraph Company to the State of Florida dated March 30, 1960 and recorded in Deed Book 495, Page 641, of the Clerk of Circuit Court, Palm Beach County, Florida, being more particularly described as follows, to wit: West 10 feet of Lot 13 and the West 10 feet of the North Half (N. 1/2) of Lot 12, HOFMAN ADDITION TO DELRAY, FLA., according to the Plat thereof, as recorded in Plat Book 5, Page 3, Palm Beach County Public Records. ALSO EXCEPTING: From a point on the north line of said Lot 13, located 10 feet Easterly from the northwest corner of said Lot 13, run Easterly along said north line for 15.16 feet; thence run Southwesterly along a curve concave to the southeast and having a radius of 15 feet for 23.72 feet through a central angle of 90 degrees 37 minutes 00 seconds to a point on a line parallel with and 10 feet Easterly from the west line of said Lot 13; thence run North 01 degree 08 minutes 05 seconds West along said parallel line for 15.16 feet to the POINT OF BEGINNING. TOGETHER WITH: Lot 28, HOFMAN ADDITION TO DELRAY, FLA., according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 5, Page 3; said lands situate, lying and being in Palm Beach County, Florida. LESS AND EXCEPT: East 5 feet of Lot 28, HOFMAN ADDITION TO DELRAY, FLA., according to Plat thereof, as recorded in Plat Book 5, Page 3, Palm Beach County Public Records. Page 4 of 4 SKETCH AND DESCRIPTION UTILITY EASEMENT NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of o Florida licensed surveyor end mopper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there ore Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. Data shown hereon was compiled from instrument(s) of record and does not constitute o boundary survey. 4. Abbreviation Legend: LB.--Licensed Business; LTD.=Limited; P.B.=Plat Book; P.B.C.R.=PoIm Beech County Records; PG.=Page; P.L.S.=Professionol Land Surveyor LAND DESCRIPTION: A portion of Parcel "A", DANZANSKY PLAT, according to the plat thereof as recorded in Plat Book 87, Pages 128 and 129 of the Public Records of Palm Beach County, Florida, more particularly described as follows: Commencing at the Northeast corner of Tract "A", DUBLIN PROPERTIES I, LTD., according to the Plot thereof as recorded in Plot Bock 67, Page 204 of the Public Records of Palm Beach County, Florida; thence S 89'28'25" W, along the North line of said Tract "A", 1,30.88 feet; thence N 01'08'35" W, 17.00 feet to e point on the North line of a plotted 12 foot Utility Easement and the Point of Beginning; thence S 89'28'25" W, 2.02 feet; thence N 01'08'.35" W, 13.58 feet; thence S 88'51'25" W, 26.45 feet; thence N 01'13'58" W, .31.06 feet (last four (4) described courses and distances being coincident with a 12' platted utility eesement per said "DANZANSKY PLAT") thence N 88'51'25" E, 28.52 feet; thence S 01'08'55" E, 44.66 feet to the Point of Beginning. Said lands lying and situate in Palm Beach County, Florida containing 912 square feet, (0.021) acres, more or less. CERTIFICATION: I HEREBY CERTIFY TO: that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction on April 25, 2000. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. // /~ /..¥,,. / MICHAEL D. AVIROM, P.L.S. Florida Registration No..3268 AVlROM & ASSOCIATES, INC. LB. No. AVIROM &ASSO~31ATES, INC. SURVEYING & MAPPING 60 8.W, 2ND AVENUE, SUITE 102 BOOA RATON. FLORIDA 88482 TEL (5el) 3e2-2584. FAX (561) 384-7125 ~)2000 A~ROM & ASSOCIAT[S, INC. ALL RIGNTS RESER~,.~D, JOB # 6434-9 DATE: 4/25/00 SHEET_~_OF_~_ SKETCH AND DESCRIPTION U TI LI TY EASEM EN T /'-POINT OF COMMENCEMENT /N.E. CORNER TRACT "A" DUBLIN PROPERTIES, LTD. "- , (P.B. 67, PG. 204, P.B.C.R.) .o ~- c4 NORTH LINE z ,- I .~ TRACT "A" P A R C E L 'A' ~o..Ldo -J I-- "DANZANSKY PLAT" ,.-., u r-.' (P.e. 87, PGS. 128-129, P.B.C.R.) ~ ~___:d z l ..j ~" n' ~ eO O~,-- S 01'08'.35" E-, o_=----- , ,.--POINT OF BEGINNING N 88'51'25" .E,-~ .... , ~"! ......... 7:---:-5 '" -..X.>,-s ~.~8,25,, w ~..0,2, ---;~S¢-LT.F--/-- N 0~',~'~8" ~ 0,'08'~5"w ,~.58 PLATTED 12' .31.06' "--S 88'51'25" W 26.4-5' UTILITY EASEMENT = ASBUILT LOCATION OF- SANITARY MANHOLE SCALE 1" = 100' AVlROM &ASSOGIATES, lNG. SURVEYING & MAPPING 50 B.W, 2ND AVENUE, BUITE 102 BOCA RATON, FLORIDA 33432 TEL. (581) 3~2-2584, FAX (5~1) :394-7125 (~2000 A~,IROM ~ AS$0CIAT[S, INC. ALL RIGHTS RESERVED. JOB # 6454-9 DATE: 4/25/00 SHEET 2 _0F_~_ City of Delray Beach Community VevelopmentDivision MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Director, Community Improvement Department Kenneth L. Thomas, Coordinator, Community ~)evL~e opment Division ~'~ June 13, 2000 Approval of the Proposed Contract Amendment with State Department of Children and Families - Alcohol, Drug Abuse And Mental Health (ADM) Program Office for FY 1999-2000 ITEM BEFORE THE COMMISSION The purpose of this item is to obtain approval of the proposed amended Standard Contract with the State of Florida Department of Children and Families (DCF) - Alcohol, Drag Abuse and Mental Health (ADM) Program Office. This contract represents children and adult prevention activities for Fiscal Year 1999-2000 (July 1, 1999 - June 30, 2000). The total amount of funding being provided under this contract is $94,000. BACKGROUND The primary purpose of this grant is to support Child/Adolescent and Adult Programs and services to residents residing and homeowner's associations located within the City's Community Development Block Grant (CDBG) Program Target Area. The City of Delray Beach is the fiscal agent for these HRS funds. MAD DADS, Inc. is the non-profit partner that establishes policies and programs for these substance abuse activities. The Child/Adolescent component supports the programming efforts of MAD DADS's Excel Focus Five Program for fifth grade "at-risk" children residing in the Target Area and attending Pine Grove Elementary School. This component serves the students through drag prevention activities, conflict resolution, tutoring, and numerous activities that build self-esteem. The amendment reduces this contract component from $95,000 to $54,000 based on the current program funding needs. The reduction was a result of MAD DADS deleting the expansion of the Excel Focus Five Program into Plumosa Elementary School. The Adult component supporting community organizing, coalition building, and leadership development for adult residents living within the Pine Grove, Osceola, Fall Ridge, and La Paloma neighborhoods (associations) is unchanged. The grant requires a 33% local match that may either be met through in-kind services or cash. The City provides in-kind match in the form of office space and technical assistance from Community Improvement staff. This contract has been reviewed by the City Attorney's Office. RECOMMENDATIONS Staff recommends approval of this contract amendment in order to continue the provision of substance abuse prevention programs and services to children/adolescents and adults residing within the CDBG Target Area. [IT¥ OF nELRI:I¥ BEI:IEH CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 AIl. Amedca C~ 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM June 19, 2000 Kenneth L. Thomas, Community Development Coordinator J Jay T. Iambeck, Assistant City AttorneyI FY 1999-2000 ADM Amended Agreefl~ent Agreement and FY 2000-2001 Funding Our office has reviewed the above-referenced amendment and agreement for form and legal sufficiency using a previous ADM agreement as a guide. Based on our review of the amendment and agreement, both items are approved for determination by the City Commission. If you should have any questions, please do not hesitate to contact me. CC' Lula Butler, Community Improvement Director Alison MacGregor Harry, City Clerk Agenda Item Number: ~'. D. AGENDA REQUEST Request to be placed on: _ Regular Agenda __ Special Agenda __ Workshop Agenda XXXX Consent Agenda Date: June 13, 2000 When: June 20, 2000 Description of item (who, what, where, how much): Approval of the Fiscal Year 1999-2000 proposed contract amendment with the Florida Department of Children and Families (DCF) - Alcohol, Drag Abuse and Mental Health (ADM) Program Office providing the City $94,000 in Substance Abuse Prevention funding assistance. ORDINANCE / RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Staff recommends approval of the Fiscal Year 1999-2000 the proposed amended Standard Contract with the Florida Department of Children and Families (DCF). Department Head Siguature: ~2~ ~ City Attorney Review/Recommenclation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Altematives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda: ~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Ref: u:\dc199-2000~agenda cover page AMENDMENT # 002 THIS AMENDMENT, entered into between the State of Florida, Department of Children and Families, hereinafter referred to as the "department" and THE CITY OF DELRAY BEACH hereinafter referred to as the "provider", amends contract # I H 405. Standard Contract, Section II, Paragraph A is hereby amended to read: A. Contract Amount To pay for contracted services according to the conditions of Attachment I in an amount not to exceed $94,000.00, subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. 2. Attachment I, Exhibit A is hereby revised and attached. 3. Attachment I, Exhibit B is hereby revised and attached. This amendment shall begin on 05/30/2000, or the date on which the amendment has been signed by both parties, whichever is later. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. This amendment and all its attachments are hereby made a part of the contract. JF 12/96 IN WITNESS THEREOF, the parties hereto have caused this to be executed by their officials thereunto duly authorized. PROVIDER: THE SIGNED BY: NAME: TITLE: HA'fOR DATE: FEDERAL ElD #: (or SSN) CITY OF DELRAY BEACH DAVID W~ SCHMIDT 59-6000308 page amendment STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES SIGNED BY: NAME: LESTER p. BROWN~ JR. TITLE: District Nine Administrator DATE: EXHIBIT A STATE FUNDING BY COST CENTER AND PROGRAM AgencyName TheCitvofDelravBeach Contract: IH405 Date: 05/25/00 Revision# 002 Adult Adult Children's COST CENTERS Mental Health Substance Abuse Mental Health ADM Services Page l of 2 Substance Abuse 1. Assessment $ $ $ $ State Rate $ $ $ $ Contact Hours Purchased 2. Case Management Direct Svs Hfs Purchased State Rate Bed Days Purchased L Crisis Support/Emergency State Rate StaffHours Purchased L Day Care 6. Day-Night Stata Rate Days Purchased 7. Drop-In/Sell-Help Centers Facility Days Purchased 8. In-home and On-site State Rate Days Purchased 10. Intensive Case Management State Rate Direct Svs Hfs Purchased State Rate Direct Svs Hfs Purchased 12. Medic. al Services State Rate Contact Hours Purchased 13. Methadone Maintenance State Rate Dosages Pu~:hased 14. Outpatient a. Individual Individual State Rate Contact Hours Purchased b, Group Group State Rate Contact Hours Purchased 15. Outreach State Rate Non-Direct Svs Hfs Purchased 16. Prevention State Rate Non-Direct Svs Hfs Purchased $ S $ $ $ $ $ $ S $ S $ $ S S $ $ $ S $ $ $ S S $ S $ $ $ S $ $ $ $ $ S $ $ S S S S $ $ $ $ $ $ $' $ $ $ $ $ $ $ S $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ S $ $ S S $ $ $ S $ $ $ $ $ $ $ $ $ -- $ $ 40,000 $ $ $ 22.41 $ 1,785 $ 54,000 $ 22.41 2,410 EXHIBIT A STATE FUNDING BY COST CENTER AND PROGRAM Agency Name The City of Delrav Beach Contract: IH40~; Date: 05~5/00 Revision# 002 Adult Adult Children's COST CENTERS Mental Health Substance Abuse Mental Health I 2 3 ADM Services Page 2 of 2 Substance Abuse 17. Prev/Interv - Day State Rate Days Purchased 18. Residential Level I State Rate Days Purchased 19. Residential Level 2 Days Purchased Residential Level 3 Days Purchased H. Residential Level 4 Days Purchased Days Purchased Bed Days Purchased !$. Supported Employment a. Individual Direct Svs Hfs Purchased b. Enclave Model 16. Supported Housing/Living Direct Svs Hfs Purchased !7. TASC Direct Svs Hfs Purchased Days Purchased 30. Information and Referral Staff Hours Purchased 13. Room and Board with Supervision Total State Funds S $ $ $ S $ S $ S S $ $ $ $ S S $ $ S S S, $ $ S $ $ $ $ $ $ S $ $ S $ S S $ $ $ $ $ S $ -- $ $ $ S S $ $ $ $ S S 0 $ $ S $ $ $ $ S S $ $ S $ $ 40,000 $ $ $ $ $ $ $ S 54,000 · EXHIBIT B ADMServic~ FUNDING DETAIL Agency Name 2the City of Delrav Beach Contract: IH405 MENTAL HEALTH Date: 05/25/09 Revision# 002 ADULT COMM. MENTAL HEALTH [~aker Act Services( 100611 ) General Revenue OCA AMOUNT GR000 $ Mental Health Services(100610) General Revenue GR000 $ ADAMH Trust Fund * 19000 $ Federal Grants Trust Fund Homeless Grant GX001 $ TANF 39ADM $ ~ommunity Mental Health Serv!ces ~ CCMS(100610) General Revenue GR000 $ ADAMH Trust Fund * 19000 $ ndigent Drugs (IDP) General Revenue GR000 $ Line of Credit Special Projects $ $ CHILDREN'S MENTAL HEALTH LShildren's Mental Health Services(100435) General Revenue ADAMH Trust Fund * Grants and Dontations Trust Fund Grant Federal Grants Trust Fund Tide IV-B Grant ,"hild~n's Baker Act(104257) General Revenue hsrchased Residential Treatment Seveiees(102780) General Revenue Purchase of Therapeutic Sen, ices(100800) General Revenue TOTAL CHILDREN'S MENTALHEALTH General RevenuedADMTF/G&D TI:** Intravenous Drag Usage *** ~,DM Trust Fund (100618) OCA GRO00 $ 2700G $ 27PRV $40,000 27WOM $ 27H1V $ 27ADM $ Trust Fund TANF 39ADM $ AIDS/CDC Grant 9M000 $ SUBSTANCE ABUSE AMOUNT CHILD/ADOL SUBSTANCE ABUSE(100420) General Revenue General Revenue/ADMTF/G&D TF/CASA TF** Prevention Services *** Federal Grant Trust Fund Grant FOTAL CH1LD/ADOL SUB. ABUSE OCA AMOUNT GR000 $ 19000 $ $ WO000 $ $ GR000 $ GR000 $ GR000 $ $0 OCA AMOUNT GR000 $ 2700G $ 27PRV $54,000 $54,000 SUB. ABUSE ,$40,000 $94,000 MATCH CALCULATIONS APPLICABLE TO CONTRACT REQUIRING MATCH $0 TOTAL FUNDS REQUIRING MATCH $94,000 $ S NOT REQ MATCH $ LOCAL MATCH REQUIRED $31,333 $ ADDITIONAL LOCAL MATCH $ $0 GRAND TOTAL LOCAL MATCH $31,333 * Community Mental Health Block Grant **Expenditures must be Substance Abuse Prevention and Treatment Block Grant eligible. *** Substance Abuse Prevention and Treatment Block Grant - Funding Agreement.- RESTRICTIONS APPLY City of Delray Beach Community Development Division MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Director, Community Improvement Department [j~ Th~- Kenneth L. omas, Coordinator, Community Development Division June 15, 2000 Approval of the Proposed Contract with State Department of Children and Families - Alcohol, Drug Abuse And Mental Health (ADM) Program Office for FY 2000-2001 ITEM BEFORE THE COMMISSION The purpose of this item is to obtain approval of the proposed Standard Contract with the State of Florida Department of Children and Families (DCF) - Alcohol, Drag Abuse and Mental Health (ADM) Program Office. This contract represents children and adult prevention activities for Fiscal Year 2000-2001 (July 1, 2000 June 30, 2001). The total amount of funding being provided under this contract is $135,000. BACKGROUND The primary purpose of this grant is to support Child/Adolescent and Adult Programs and services to residents residing and homeowner's associations located within the City's Community Development Block Grant (CDBG) Program Target Area. The City of Delray Beach is the fiscal agent for these DCF funds. MAD DADS, Inc. is the non-profit partner that establishes policies and programs for these substance abuse activities. The Child/Adolescent component supports the programming efforts of MAD DADS' Extended Day Learning Component. The Extended Day is designed to reinforce resiliency, build upon existing individual assets, and develop good moral character and citizenship in our youth. It is academically aligned to the regular school day. This will serve "at-risk" elementary-aged children residing in the Target Area and attending Village Academy and Pine Grove Elementary School. Under this component, activities include homework assistance/tutorial, conflict resolution, recreation, etiquette training, drama, dance, music, and various clubs. The contract provides $95,000 in support of this component. The Adult component supports community organizing, coalition building, and leadership development for adult residents living within the Pine Grove, Osceola, Fall Ridge, and La Paloma neighborhoods (associations). The grant requires a 33% local match that may either be met through in-kind services or cash. The City provides in-kind match in the form of office space and technical assistance from Community Improvement staff. This contract has been reviewed by the City Attorney's Office. RECOMMENDATIONS Staff recommends approval of this contract in order to continue the provision of substance abuse prevention programs and services to children/adolescents and adults residing within the CDBG Target Area. [IT¥ OF DELRI:I¥ BEI:I[H CiTY ATTORNEY'S OFFICE 1993 DATE: TO: FROM: SUBJECT: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wrimr's Direct Line: (561) 243-7090 June 19, 2000 Kenneth L. Thomas, Community Development Coordinator Jay T. Jambeck, Assistant City Attorney~ II FY 1999-2000 ADM Amended Agreefl~ent Agreement and FY 2000-2001 Funding Our office has reviewed the above-referenced amendment and agreement for form and legal sufficiency using a previous ADM agreement as a guide. Based on our review of the amendment and agreement, both items are approved for determination by the City Commission. If you should have any questions, please do not hesitate to contact me. CC: Lula Butler, Community Improvement Director Alison MacGregor Harry, City Clerk Agenda Item Number: ~'- ~ · AGENDA REQUEST Request to be placed on: - Regular Agenda __ Special Agenda __ Workshop Agenda XXXX Consent Agenda Date: June 15, 2000 When: June 20, 2000. Description of item (who, what, where, how much): Approval of the Fiscal Year 2000-2001 proposed contract with the Florida Department of Children and Families (DCF) - Alcohol, Drug Abuse and Mental Health (ADM) Program Office providing the City $135,000 in Substance Abuse Prevention funding assistance. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of the Fiscal Year 2000-2001 proposed Standard Contract with the Florida Department of Children and Families (DCF). 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: (if applicable) City Manager Review: Approved for Agenda:~/NOe,~ t Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Ref: u:~dcf99-2000~agenda cover page & FAMILIES Jeb Bush Governor Kathleen A. Keamey Secreta~/ MEMORANDUM June 14, 2000 To.' From: Re: David W. Schmidt, Mayor City of Delray Beach Bill Wyno~' Director of Contract Performance Improvement FY 2000/2001 Contract Enclosed are four copies of FY 2000/2001 contract number ID006 between your agency and the Florida Department of Children and Families for the provision of substance abuse services for children and adults. Please sign and date where indicated and return all four copies to the ADM Program Office at: 2328 10m Avenue, North 5th Floor Lake Worth, FL 33461 Please remember that this is a continuation contract. Requests for the funding of new services or increased services will be considered when this office receives its final annual operating budget. It is imperative that these contracts be returned quickly so that they will be effective for July 1, 2000. Thank you. BW/sdf Enclosures Alcohol, Drug Abuse & Mental Health Program Office. District Nine 2328 10u~ Avenue North, 5th Floor, Lake Worth, FL 33461 (561)540-5660 The Department of Children and Families is committed to working in partnership with local communities to ensure safety, well-being and self-sufficiency for the people we serve. Contract No. TD006 CERTIFICATION REGARDING DEBARMENT: SUSPENSION= INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360 - 20369). 1. Each provider whose contract/subcontract equals or exceeds $25,000 in federal monies must sign this certification prior to execution of each contract/subcontract. Additionally, providers who audit federal programs must also sign,.regardless of the contract amount. Children & Families cannot contract with these types of providers if they are debarred or suspended by the federal government. 2. This certification is a material representation of fact upon which reliance is placed when this contract/subcontract is entered into. If it is later determined that the signer knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment. 3. The provider shall provide immediate written notice to the contract manager at any time the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "debarred", "suspended", "ineligible", "person", "principal", and "voluntarily excluded", as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the contract manager for assistance in obtaining a copy of those regulations. 5. The provider agrees by submitting this certifiCation that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract/subcontract unless authorized by the Federal Government. 6. The provider further agrees by submitting this certification that it will require each subcontractor of this contract/subcontract, whose payment will equal or exceed $25,000 in federal monies, to submit a signed copy of this certification. 7. The Department of Children and Families may rely upon a certification of a provider that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless it knows that the certification is erroneous. 8. This signed certification must be kept in the contract manager's contract file. Subcontractor's certifications must be kept at the contractor's business location. CERTIFICATION (1) The prospective provider certifies by signing this certification, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared inelig ble, or voluntarily excluded from participation in this contract/subcontract by any federal department or agency. (2) Where the prospective pro.vider is unable to certify to any of the statements in this certification, such prospective provider shall attach an explanation to this certification. Signature Date Name DAYZD ~/~ SCXHTD'I' Title ClientlS~ Non-Client [] Multi-District[-I 1111~000 CFDA No. 93.959 Grants and Aids YE~ FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES STANDARD CONTRACT THIS CONTRACT is entered into between the Florida Department of Children and Families, hereinafter referred to as the to as the "department," and THE CITY OF DELRAY BEACH hereinafter referred to as the "provider." I. THE PROVIDER AGREES: Attachment I T'~) provide services in accordance with the conditions specified in Attachment I. B. Requirements of Section 287.058, FS To provide units of deliverables, including reports, findings, and drafts, as specified in Attachment I, to be received and accepted by the contract manager prior to payment. To comply with the criteria and the final date by which such criteria must be met for completion of this contract as specified in Section III, Paragraph A. of this contract. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit thereof. Where applicable, to submit bills for any travel expenses in accordance with section 112.061, FS. The department may, if specified in Attachment I, establish rates lower than the maximum provided in section 112.061, FS. To allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, FS, made or received by the provider in conjunction with this contract. It is expressly understood that the provider's refusal to comply with this provision shall constitute an immediate breach of contract. C. Governing Law 1. State of Florida Law a. That this contract is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State of Florida. Each party shall perform its obligations herein in accordance with the terms and conditions of the contract. b. That it understands that the department, the Department of Management Services, and the WAGES Program State Board of Directors have jointly implemented WAGES, an initiative to empower recipients in the Temporary Assistance To Needy Families Program to enter and remain in gainful employment. Employment of WAGES participants is a mutually beneficial goal for the provider and the department in that it provides qualified entry levee employees needed by many providers and provides substantial savings to the citizens of Florida. 2. Federal Law a. That if this contract contains federal funds, the provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other applicable regulations as specified in Attachment I. b. That if this contract contains federal funds and is over $100,000, the provider shall comply with all applicable standards, orders, or regulations issued under section 306 of the Clean Air Act, as amended (42 U.S.C. 7401 et seq.), section 508 of the Federal Water Pollution Control Act as amended (33 U.S.C. 125i et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 30). The provider shall report any violations of the above to the department. c. That no federal funds received in connection with th s contract may be'used by the provider, or agent acting for the provider, to influence legislat on or appropriations pending before the Congress or any State legislature. If this contract contains federal funding in excess of $100,000, the provider must, prior to contract execution, complete the Certification Regarding Lobbying form, Attachmentll . If a Disclosure of Lobbying Activities form, Standard Form LLL is required, it may be obtained from the contract manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the contract manager. d. That unauthorized aliens shall not be employed. The department shall consider the employment of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324 a). Such violation shall be cause for unilateral cancellation of this contract by the department. · That if this contract contains $10,000 or more of federal funds, the provider shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented in Department of Labor regulation 41 CFR, Part 60. [45CFR, Part 92] f. That if this contract contains federal funds and provides services to children up to age 18, the provider shall comply with the Pro-Children Act of 1994 (20 U.S.C. 6083). Failure to comp y with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an admin strative compliance order on the responsible entity. This clause is applicable to all approved subcontracts. D. Audits, Records, and Records Retention 1. To establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect ail revenues and expenditures of funds provided by the department under this contract. 1 CONTRACT # ID006, CF STDCT JF 1/00 / /2ooo 2. To retain all client records, financial records; supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of the contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this contract. 3. Upon completion or termination of the contract and at the request of the department, the provider will cooperate with the department to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in Section I, Paragraph D.2. above. 4. To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by the department. 5. At all reasonable times for as long as records are retained, persons duly authorized by the department and Federal auditors, pursuant to 45 CFR, Part 92.36(i)(10), shall be allowed full access to and the right to examine any of the provider's contract and related records and documents, regardless of the form in which kept. 6. To provide a financial and compliance audit to the department as specified in Attachment Ill and to ensure that all related party transactions are disclosed to the auditor. 7. To include the aforementioned audit and record keeping requirements in all approved subcontracts and assignments. E. Monitoring by the Department To permit persons duly authorized by the department to inspect any records, papers, documents, facilities, goods, and services of the provider which are relevant to this contract, and to interview any clients and employees of the provider to assure the department of the satisfactory performance of the terms and conditions of this contract. Following such evaluation the department will deliver to the provider a written report of its findings and will include written recommendations with regard to the provider's performance of the terms and conditions of this contract. The provider will correct all noted deficiencies identified by the department within the specified period of time set forth in the recommendations. The previder's failure to correct noted deficiencies may, at the sole and exclusive discretion of the department, result in any one or any combination of the following: (1) the provider being deemed in breach or default of this contract; (2) the withholding of payments to the provider by the department; and (3) the termination of this contract for cause. F. Indemnification NOTE: Paragraph i.F.l, and 2. are not applicable to contracts executed between state agencies or subdivisions, as defined in subsection 768.28(2), FS. 1. To be liable for and indemnify defend, and hold the department and all of its officers, agents, and employees har~nless from all claims, suits, judgments, or damages, including attorneys' fees and costs, ar s ng out of any act, actions, neglect, or omissions by the provider, its agents, or employees during the performance or operation of this contract or any subsequent modifications thereof, whether direct or indirect, and whether to any person or tangible or intangible property. 2, That its inability to evaluate its liability or its evaluation of liability shall not excuse the provider's duty to defend and to indemnify within seven (7) days after notice by the department by certified mail. After the highest appeal taken is exhausted, only an adjudication or judgment specifically finding the provider not liable shall excuse performance of this prevision. The provider shall pay all costs and fees, including attorneys' fees related to these obligations and their enforcement by the department. The department's failure to notify the provider of a claim shall not release the provider of these duties. The provider shall not be liable for the sole negligent acts of the department. G, Ineurance To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this contract and any renewal(s) and extension(s) of it. Upon execution of this contract, unless it is a state agency or subdivision as defined by subsection 768.28(2), FS, the provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the clients to be served under this contract. Upon the execution of this contract, the provider shall furnish the department written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The department reserves the right to require additional insurance as specified in Attachment I. H. Safeguarding Information Not to use or disclose any information concerning a recipient of services under this contract for any purpose not in conformity with state regulations and Federal law or regulations (45 CFR, Part 205.50), except upon written consent of the recipient, or the responsible parent or guardian when authorized by law. I. Assignments and Subcontracts 1. To neither assign the responsibility for this contract to another party nor subcontract for any of the work contemplated under this contract without prior written approval of the department which shall not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurring shall be null and void. 2 CONTRACT # iD006 2. To be responsible for al~ work performed and all expenses incurred with the project. If the department permits the provider to subcontract all or part of the work contemplated under this contract, including entedng into subcontracts with vendors for services and commodities, it ie understood by the provider that all such subcontract arran.gements shall be evidenced by a written document subject to prior review and comment b~/the department. Such rewew of the written subcontract document by the department will be limited to a detarm~nation of whether or not subcontracting is permissible, whether the offered subcontractor is acceptable to the department, and the inclusion of applicable terms and conditions of this contract. The provider further agrees that the department shall not be ~iable to the subcontractor for any expenses or liabilities incurred under the subcontract and the provider shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The provider, at its expense, will defend the department against such claims. 3. That the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this contract to anothergovernmantal agency in the State of Florida, upon giving prior written notice to the provider. In the event the State of Florida approves transfer of the provider's obligations, the provider remains responsible for all work performed and all expenses incurred in connection with the contract. In addition, this contract shall bind the successors, assigns, and legal representatives of the provider and of any legai entity that succeeds to the obligations of the State of Florida. 4. To make payments to the subcontractor within seven (7) working days after receipt of full or partial payments from the department in accordance with section 28?.0585, FS, uniess otherwise stated in the contract between the provider and subcontractor. Failure to pay within seven (7) working days will result in a penalty charged against the provider and paid to the subcontractor in the amount of one-half of one (1) percent of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. J. Return of Funds To return to the department any overpayments due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the provider by the department. In the event that the provider or its independent auditor discovers that an overpayment has been made, the provider shall repay said overpayment within 40 calendar days without prior notification from the department. In the event that the department first discovers an overpayment has been made, the department will notity the provider by letter of such a finding. Should repayment not be made in a timely manner, the department will charge interest of one (1) percent per month compounded on the outstanding balance after 40 calendar days after the date of notification or discovery. K. Client Risk Prevention and Incident Reporting 1. That if services to clients will be provided under this contract, the provider and any subcontractors shall, in accordance with the client risk prevention system, report those reportable situations listed in CFOP 215-6 in the manner prescribed in CFOP 215-6 or district operating procedures. 2. To immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (1-800-g6ABUSE). As required by Chapters 3g and 415, FS, this is binding upon both the provider and its empioyees. L. Transportation Disadvantaged To comply with the provisions of Chapter 4:27, FS, and Chapter 41-2, FAC, if clients are to be transported under this contract. M. Purchaeing 1. To purchase articles which are the subject of or are required to carry out this contract from Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, FS, in the same manner and under the procedures set forth in subsections g46.515(2) and (4), FS. For purposes of this contract, the provider shall be deemed to be substituted for the department insofar as dealings with PRIDE. This clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE, (850) 48?-3??4. 2. To procure any products or materials which are the subject of, or are required to carry out this contract, in accordance with the provisions of sections 403.7065, and 287.045, FS. N. Civil Rights Requirements 1. Not to discriminate against any employee in the performance of this COntract, or against any applicant for employment, because of age, race, creed, COlor, disability, national origin, or sex. The provider further assures that all contractors, subcontractors, subgrantaes, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees because of age, race, creed, coior, disability, national origin, or sex. This is binding upon the provider empioying fifteen (15) or more individuals. 2. To complete the Civil Rights Compliance Ouestionnaira, CF Forms g46 A and B, in accordance with HRSM 220-2. This is applicable if services are directly provided to clients ~nd if 15 or more individuals are employed. O. Independent Capacity of the Contractor 1. To be solely liable for the performance of all tasks contemplated by this contract which are not the exclusive responsibility of the deparfment. 2. To act in the c~pacity of an independent contractor and not as an officer, employee, or agent of the State of Florida, except where the provider is a state agency. The provider shall not represent to others that it has the authority to bind the department unless specifically authorized in writing to do so. In addition to the provider, this is also applicable to the provider's officers, agents, employees, subcontractors, or assignees, in performance of this contract. 3. Except where the provider is a ~tate agency, neither the provider, its officers, agents, employees, subcontractors, nor assignees are entitled to state retirement or state leave benefits, or to any other compensation of state employment as a result of performing the duties and obligations of this contract. 3 CONTRACT # ID006 11{~2ooo 4. To take such actions as may be necessary to ensure that each subcontractor of the provider will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. 5. The department will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the provider, or its subcontractor or assignee, unless justified by the provider and agreed to in advance by the department in Attachment I. 6. Ail deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds, and all necessary insurance for the provider, the provider's officers, employees, agents, subcontractors, or assignees shall be the responsibility of the provider. P. Sponsorship As required by section 286.25, FS, if the provider is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in publicizing, advertising, or descnbing the sponserahii~ of the program, state: 'Sponsored by (provider's name) and the State of Florida, Department of Children and Families." If the sponsorship reference is in written material the words "State of Florida, Department of Ch dran and Fam es she appear n the same size letters or type as the name of the organ zat on. Q. Final Invoice To submit the final invoice for payment to the department no more than ~5~ days after the contract ends or is terminated. If the provider fails to do so, all rights to payment are forfeited and the department will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider and necessary adjustments thereto have been approved by the department. R. Use Of Funds For Lobbying Prohibited To comply with the provisions of sections 11.062 and 216.347, FS, which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature, judicial branch, or a state agency. S. Public Entity Crime Pursuant to section 287.133, FS, the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the department: When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, he/she may not submit e bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or the repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, FS, for CATEGORY TWO for a period of 36 months fi-om the date of being placed on the convicted vendor list. T, Patents, Copyrights, and Royalties t. If any discovery or invention arises or is developed in the course or as a result of work or services performed under this contract, or in anyway connected herewith, the provider shall refer the discovery or invention to the department to be referred to the Department of State to determine whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this contract are hereby reserved to the State of Florida. 2. In the event that any books, manuals, films, or other copyrightable materials are produced, the provider shall notify the Department of State. Any and all copyrights accruing under or in connection with the performance under this contract are hereby reserved to the State of Florida. 3, The provider, without exception, shall indemnify and save harmless the State of Florida and its employees fi.om liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured by the provider. The provider has no liability when such claim is solely and exclusively due to the Department of State's alteration of the article. The State of Florida will provide prompt written notification of claim of copyright or patent infringement. Further, if such claim is made or is pending, the provider may, at its option and expense, procure for the Department of State, the right to continue use of, replace, or modify the article to render it non-infringing. If the provider uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. U. Requirements of Section 20.19, F.S. That the department shall file a lien against the property where facilities are located which have been constructed or substantially renovated, in whole or in part, through the use of state funds. However, the department is not required to file a lien if the amount of state funds does not exceed $25,000 or 10 percent of the contract amount, whichever amount is less. As a condition of receipt of state funding for this purpose, the provider agrees that, if it disposes of the property before the department's interest is vacated, the provider will refund the proportionate share of the state's initial investment, as adjusted by depreciation. V. Security Obligations 1. To identify an appropriately skilled individual to function as its Data Security Officer. This Security Officer shall act as the liaison to the Department's Security Staff and will maintain an appropriate level of data security for the information the provider is collecting or using in the performance of this contract. This includes approving and tracking all provider employees that request system or information access and ensuring that user access has been removed from all terminated provider employees. 2. To furnish Security Awareness Training to its staff. 3. To ensure that all provider employees that have access to departmental information are provided a copy of CFOP 50-6 and sign the DCF Security Agreement form (CF114). A copy may be obtained from the contract manager. 4 CONTRACT # ID006 W. Accreditation That the department is committed to ensuring provision of the highest quality services to the persons we serve. Accordingly, the department has expectations that where accreditation is generally accepted nationwide as a clear indicator of quality service, the majority of our providers will either be accredited, have a plan to meet national accreditation standards, or will initiate one within a reasonable period of time. II. THE DEPARTMENT AGREES: A. Contract Amount To pay for contracted services according to the conditions of Attachment I in an amount not to exceed $'135.000.00 , subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is contingent' upon an annual appropriation by the Legislature. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. B. Contract Payment Pursuant to section 215.422, FS, the department has five (5) working days to inspect and approve goods and services, unless the bid specifications, purchase order, or this contract specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date a properly completed invoice is received by the department or the goods or services are received, inspected, and approved, a separate interest penalty set by the Comptroller pursuant to section 55.03, FS, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, contact the district fiscal office/contract administrator. Payments to health care providers for hospital, medical, or other health care services, shall be made not more than 35 days from the date eligibility for payment is determined. Financial penalties will be calculated at the daily interest rate of .03333%. Invoices returned to a vendor due to preparation errors will result in a payment delay. Interest penalties less than one dollar will not be enforced unless the vendor requests payment. C. Vendor Ombudsman A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or 1-800-848-3792, the State of Florida Comptroller's Hotline. III. THEPROVIDERAND DEPARTMENT MUTUALLYAGREE: A. Effective and Ending Dates This contract shall begin on JULY 1, 2000 or on the date on which the contract has been signed by both parties, whichever is later. It shall end on JUNE 30~ 2001 B. Termination: At Will, Because of Lack of Funds, or For Breach or Failure to Satisfactorily Perform Prior Agreement 1. This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the otherparty unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certifiedmail, return receipt requested, or in person with proof of delivery. 2. In the event funds to finance this contract become unavailable the department may terminate the contract upon no ess than twenty-four (24) hours notice in writing to theprovider. Said notice shall be delivered by certified mail, return receipt requested, or m person with proof of delivery. The department shall be the final authority as to the availability and adequacy of funds. In the event of termination of this contract, the provider will be compensated for any work satisfactorily completed prior to notification of termination. 3. This contract may be terminated for the provider's non-performance upon no less than twenty-four (24) hours notice in writing to the provider. If applicable, the department may employ the default provisions in Chapter 60A-1.006 (3), FAC. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit the department's right to remedies at law or in equity. 4. Failure to have performed any contractual obligations with the department in a manner satisfactory to the department will be a sufficient cause for termination. To be terminated as a provider under this provision, the provider must have: (1) previously failed to satisfactorily perform in a contract with the department, been notified by the department of the unsatisfactory performance, and failed to correct the unsatisfactory performance to the satisfacbon of the department; or (2) had a contract terminated by the department for cause. C. Renegotlation or Modification Mod ficat OhS of prov sons of this contract shall only be valid when they have been reduced to wdting and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the department's operating budget. 5 CONTRACT # ID006 111/2000 1. The 13rovider name, as shown on oage 1 of this .c. ontract, an.d .mai]i.ng address of the offic a payee to whom me payment snail De maoe is: The City of Delray Beach 100 N. W, First Avenue Delra¥ Beach, Florida 33444 Official Payee and Representatives (Names, Addresses, and Telephone Numbers): 3. Th.e name a.ddress,,and telepho, ne number, oft. h,e comrac[ manager mr the oepartmem for th s con[rac[ s: Cathy Claud 2328 10th Avenue North, 5th Floor Lake Worth, Florida 33461 (561) 540-5660 2. The name of the c(~ntact person and street address 4. The name, address, and telephone number of the representative of the provider responsible for administration .~..here financial and administrative records are maintained of the program under this contractis: Kenneth L. Thomas Lula Butler 100 N. W. First Avenue 100 N. W. First Avenue Delra¥ Beach, Florida 33444 Delray Beach, Florida 33444 (561) 243-7203 6. Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party and the notification attached to the originals of this contract. E. All Terms and Conditions Included This contract and its attachments as referenced, Attachments I, II, and III contain all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligation~ other than those contained herein, and this contract shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. If any term or provision of the contract is found to be illegal or unenforceable, the remainder of the contrsc! shall remain in full force and effect and such term or provision shall be stricken. The parties have read the entire contract inclusive of all its attachments, as referenced in Paragraph III.E. above, and understand each section and paragraph. 63 IN WITNESS THEREOF, the parties hereto have caused this page contract to be executed by their undersigned officials as duly authorized. PROVIDER: FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES THE CITY OF DELPAY BEACH SIGNED BY: NAME: DAVID W. TITLE: MAYOR SCHMIDT SIGNED BY: NAME: LESTER P. BROWN~ JR. TITLE: .DISTRICT NINE ADMINISTRATOR DATE: STATE AGENCY 29 DIGIT SAMAS CODE: Federal ElD # (or SSN): 59-6000308 DATE: Provider Fiscal Year Ending Date: 06 / 30 6 CONTRACT # ID006 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS AGENDA ITEM ~. ~. - REGULAR MEETING OF JUNE 20. 2000 FUNDING SUBSIDY UNDER THE DRI.RAY BEACH RENAISuANCE PROGRAM DATE: JUNE 16, 2000 This is before the City Commission to approve the issuance of a funding subsidy in the amount of $15,000.00 for an income eligible applicant under the Delray Beach Renaissance Program. The specifics of the program are outlined in the attached memorandum from the Community Development Division. This particular award is associated with the acquisition and rehabilitation of a single family home at 119 N.W. 14th Terrace (Lot 3, A.J. Johnson Subdivision). It represents the 107m homeownership assistance grant provided through the Renaissance Program to-date. It is the first such grant in support of West Atlantic Avenue redevelopment. Funding for the award will be from 118-1924-554-83.01 (SHIP Program). Recommend approval of the subsidy award in the amount of $15,000.00. Ref:Agrnernol 1.Ren~/ssance Program Subsidy Award Agenda Item No.: ~' F AGENDA REOUEST Request to be placed on: Regular Agenda __ Special Agenda Workshop Agenda xxxxx Consent Agenda Date: June 13, 2000 When: June 20, 2000 Description of item: Authorization and approval to issue subsidy to one eligible applicant under the Delray Beach Renaissance Program totaling $15,000.00. Note: Ola Strainge ($15,000.00) represents the 107th homeownership assistance grant provided under the Renmssance Program and the first ( ) in support of the West Atlantic Avenue Redevelopment. Recommendation: Staff recommends approval of one (1) subsidy award. Funds are to be awarded from the State Housing Initiatives Parmership (SHIP) Proram. SHIP Total: $15,000.00 Account Number: 118-1924-554.83-01 Department Head Signature: ~/~~ "-~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~qO ( FundingAltematives: ~ ~ (if applicable). Account No. & Description: 11 ~ -4~2~~ ~'D~'x~. ~ 3-q~)l 5~4 ~P Account Balance: 4 21 ;3j2 City Manager Review: Approved for AgendiT~l Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Kenneth L. Thomas, Community Development Coordinator Lula Butler, Community Improvement Director June 20, 2000 Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue a subsidy to one eligible applicant under the Delray Beach Renaissance Program who is an existing homeowner located within the West Atlantic Avenue Redevelopment Area. The subsidy represents the 107tn homeownership assistance grant provided under the City's Renaissance Program to date and the first (1st) in support of the West Atlantic Avenue Redevelopment. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all partners and the City Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program from March 1999 to February 2001. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. The City Commission provided for the participation of existing homeowners within the West Atlantic Avenue Redevelopment area at the July 15, 1998 Commission Meeting with the approval of the amendment to the Policies and Procedures governing the City's Affordable Housing Program. RECOMMENDATIONS Staff is recommending City Commission approval to fund a subsidy for one eligible applicant of the following property: 119 NW 14th Avenue (Acquisition/Rehabilitation) - $15,000 (Lot 3, A.J. Johnson Subdivision) DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOW3N NEW CONSTRUCTION No (Acquisition/Rehabilitation) NAME Ola Strainge PROPERTY ADDRESS 119 NW 14th Terrace, Delra¥ Beach LEGAL DESCRPTION CENSUS TRACT 67.00 Lot 3, A.J. Johnson Subdivision, PB 20, PG 57 % OF AREA MEDIAN HOUSEHOLD INCOME 08% COST OF CONSTRUCTION: COST OF EXISTING UNIT: Non-Profit Developer's Fee $65,000.00 N/A PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ RATE % LTV % SECOND MORTGAGE $ THIRD MORTGAGE GRANT $ $ 15,000.00 $ 10,000.00 $ 40,000.00 $ NO. IN HOUSEHOLD 1 COST OF LOT (including rehabilitation costs) Community Finance Consortium City of Delray, HOME City of Delrav, SHIP CRA of Delray Sale of 31 NW 4t~ Ave. to CRA Federal Home Loan Bank HTF "A" APPLICANT FUNDS Estimated Pre-paids (Lender 1003) $ Estimated Closing Costs (Lender 1003) $ TOTAL TRANSACTION $ 65~000.00 Estimated cash from/to borrower (Lender 1003) $ 1,000.00 (rehabilitation con~'ibution) ATLANTIC AVENUE N CI3YOF BELRAY BEACH, FL PLANNING & ZONING DEPARTMENT COMMUNITY REDEVELOPMENT AGENCY PROPERTY FIRST TIME HOMEBUYER'S PROGRAM 12-43-46-17-37-000-0030 TO: THRU: FROM: SUBJECT: DAVID T' HARDEN' CITY MANAGER ['~,..in ,~ DIANE DOMINGUEZ, DIRECTOR OF PL~ JEFFREY A. COSTELLO, PRINCIPAL PLANNE~ MEETING OF JUNE 20, 2000 **CONSENT AGENDA** ACCEPTANCE OF RIGHT-OF-WAY DEED ASSOCIATED WITH SPENGLEP. CONSTRUCTION AND MASONRY~ INC. The action requested of the City Commission is acceptance of a right-of-way deed for NE 3r~ Avenue associated with Spengler Construction and Masonry, Inc., to be located on the west side of NE 3rd Avenue, approximately 130' south of NE 4th Street, within the CBD-RC (Central Business District- Railroad Corridor) zoning district and Pineapple Grove Redevelopment Area. At its meeting of April 12, 2000, the Site Plan Review and Appearance Board (SPRAB) approved the site plan application for Spengler Construction and Masonry, Inc. subject to a condition that the eastern 5' of the property be dedicated to the City for NE 3rd Avenue right-of-way. The approval was for the construction of a 2,221 square foot light industrial (contractor's office) building with associated parking and landscaping. Pursuant to LDR Section 5.3.1, the required right-of-way width for NE 3rd Avenue is 60' and 40' exists. However, pursuant to LDR Section 5.3.1(D)(4) (Reduction in Width), reductions in the required right-of- way width may be granted by the City Engineer upon a favorable recommendation from the Development Services Management Group (DSMG) for existing streets. As NE 3rd Avenue is an existing street, the DSMG and City Engineer determined that a right-of-way width of 50 for th's section of NE 3rd Avenue would be sufficient. Therefore, with this development proposal 5' of right-of-way must be provided. The Assistant City Attorney has reviewed the right-of-way deed for legal sufficiency and form, and determined it to be acceptable. By motion, accept the right-of-way deed for NE 3rd Avenue associated with Spengler Construction and Masonry, inc. Attachments: r~ Location Map, Reduced Site Plan, Right-of-Way Deed s:P&Z/Boards/City Commission/SpenglerROWDeed TRINITY L U TH£RA N LAKE IDA ROAD CA$ON METHODIST CHURCH NW. 5RD ST. CITY 4 TTORNE Y BUILDING N.W 2ND ST 4TH 5RD ST, 2ND k~J ST. LJ -- CITY HALL N CITY OF DBLRAY BEACH, FL PLANNING ~ ZONING DEPAR~'MBNT SPENGLER CONSTRUCTION AND MASONRY, INC. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. Ist Avenue Delray Beach, Florida 33444 RIGttT-OF-WAY DEED THIS INDENTURE ~lade this i d.N/ of 200~, between A.T-S ~ t0qgta-/'Flb't0-/-,S /-~-6 6~h/I)~ 5- 6Wr4,g, tt/q/vith a mailing address of a)~-'7 4,t~tq t NE ~ £- ])g.t~t~ ~ 6E, nc-~ ~t---35/-,~s party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33,144, 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, rifle. 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 fzrst 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, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. WITNESSES: irC, (Name printer typed) (I~ame ~r~ted or typeg PARTY, OF THE FIRST PART (Name printed or typed) (Address) STATE OF I:'~-oCn>~ COUNTY OF PA~-~ 6~t~cR The foregoing instrument was acknowledged before me this 12f~day of 4081¢ , 200~_ by _ ~tq~ "~ ,~(at.g~ (name of officer or agent), of A'I-$ '~fl~/6~T'~l~'t~7~ ~ (name of corporation), a F'co/.tl~} (State or place of incorporation) corporation, on behalf of the corporation. I-lc/She is3:~ersonallv known_to me or has produced (type of i.~nt}fi..~cati? as identification and did/did no, an oath. 1 Sig~atur~ ~)fNot~ Public- State of ¢'~t'-l'~I' (SEAL) -"""' '"'-'" D. 8. RODRIGUES Il" ' ,.~.~.,= MY COMMISSION # CC 873818 ~ : ~ EXPIRES: Jarruary 23, 2004 EXHIBIT A The east 5 feet of Lot 26, Block 81, Subdivision of Block 81, Delray Beach, Florida, according to the Plat thereof, as recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 11, Page 32. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~,~1 AGENDA ITEM g/4- REGULAR MEETING OF JUNE 20, 2000 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: June 15, 2000 Attached ~s the Report of Appealable Land Use Items for the period June 5 through Jun 16, 2000. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commassion. Recommend reviexv of the appealable actions for the period stated. Receive and file the report as appropriate. RefiApagmemo/Appealables/06.20.00 TO: THRU: FROM: SUBJECT: DA~N, CITY MANAGER DIANE DOMINGUE~Z, ~NNING AND ZONING DIRECTOR JASMIN ALLEN, PLANNER MEETING OF JUNE 20, 2000 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JUNE 5, 2000 THRU JUNE 16, 2000 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of June 5, 2000 through June 16, 2000. 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 (4 to 0, Fowler resigned, Friess and Smith absent), a request for a face replacement (new signage) to an existing free standing sign for Delray Mazda, located on the east side of South Federal Highway, south of Linton Boulevard (2001 South Federal Highway). City Commission Documentation Appealable Items Meeting of June 20, 2000 Page 2 B. Approved on a 4 to 0 vote a request from the applicant to reconsider a previous condition of approval changing the requirement from green slates to a green windscreen for a perimeter fence for Majik Market (former Citgo Gasoline Station), located at 802 Nohrth Federal Highway (north side of George Bush Boulevard, between NE 5t Avenue and NE 6th Avenue). C. Approved with conditions (4 to 0), a Class II site plan modification and landscape plan in conjunction with the construction of certain site improvements, including an outside storage area, berm and installation of landscaping for the City of Delray Beach Public Works Warehouse, located on the south side of Lake Ida Road, 400 feet east of Congress Avenue. D. Approved with conditions (4 to 0), a Class V site plan, landscape plan, and building elevations associated with the construction of an 18,450 square foot warehouse for Stone Station, a proposed marble and granite distributor located at the northwest corner of SW 8th Street and SW 14th Avenue (Auburn Avenue). Concurrently, the Board waived the requirement for a 5' sidewalk along SW 15th Avenue and SW 8th Street and approved the deferral of the installation of a sidewalk along SW 14th Avenue until such time as a connection is made to the block immediately to the north. 1. Approved (5 to 0, Ames and Bodker absent), a request for a Certificate of Appropriateness associated with fa~;ade changes at the Sundy Inn, located at 106 South Swinton Avenue. 2. Approved with conditions, (5 to 0), a request for a Certificate of Appropriateness, a Class II site plan modification and landscape plan associated with the installation of an outdoor patio for DaDa Lounge (former Damiano's Restaurant), located at 52 North Swinton Avenue. Approved with conditions (5 to 0), a request for a Certificate of Appropriateness for a non-illuminated wall sign for Safari Steakhouse, located at 4 East Atlantic Avenue. No Regular Meeting was held during this period. By motion, receive and file this report. Attachment: · Location Map CITY OF DELRAY BEACH, FLORIDA -CityCommissionMeeting ..... JUNE 20, 2000 ./~_i i, //~ -~- ~.,~ ~ ~ ~ ~ I' ,, ~ .................... ~5'~ .................... $.P.R.A.B.: H.P.B.: A. DELRAY MAZDA 1. SUNDY INN ......... cr~u.r~s ......... B. MAJIKMARKET 2. DaDa LOUNGE C. CITY OF DELRAY BEACH 3, SAFARI STEAKHOUSE ONEMILE PUBLIC WORKS WAREHOUSE I I D. STONE STATION MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER {,~4 AGENDA ITEM /~ ?..~.-- REGULAR MEETING OF JUNE 20, 2000 AWARD OF BIDS AND CONTRACTS DATE: JUNE 16, 2000 This is before the City Commission to approve the award of the following bids and contracts: Contract award in the amount of $13,690.00 to Eagle Painting for the Pompey Park Community Center and Gymnasium painting project, with funding from 001-4127-572-46.10 (Pompey Park Recreational Facility/Repair and Maintenance Services). Purchase award in the amount of $11,540.62 to JC White Office Furniture, via State of Florida contract, for the purchase of office furniture for the Police Department's Records Section, with funding in the amount of $2,095.80 from 001-2113-521-64.10 (Police Support Services - Office Furniture/Fixtures) and $9,444.82 from 001-2113-521-51.20 (Office Equipment <$500). Contract award in the amount of $1,458,795.00 to Telcon, Inc. for the Venetian Drive Improvements project (Venetian Drive, Miramar Street, Ingraham Avenue, Nassau Street and Langer Way), with funding in the amount of $704,507 from 441-5181-536-65.09 (Venetian Drive), $112,239 from 442-5178-536-61.78 (Water Distribution Improvements), $185,548 from 448-5461-538-65.09 (Stormwater/Venetian Drive), and $456,501 from 370-3162-541-65.42 (Barrier Island). Recommend approval of the bid and contract awards listed above. RefiBid.Agmemo.06.20.00 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: Date: Subject: David T. Harden City Manager Victor Majtenyi Assistant Construction Manager June 14, 2000 AGENDA REQUEST for 06~20~2000 Pompey Park Community Center & Gymnasium Painting Project Contract Award Project No. 2000-064 Attached is an Agenda Request for City Commission to approve a contract award in the amount of $13,690.00 to Eagle Painting for painting of the Pompey Park Community Center and Gymnasium project. The project consists of painting the Community Center exterior, including racquetball courts, the Gymnasium interior, and the exterior/interior of the Pool Bathhouse Facility. Eagle Painting is the lowest responsive bidder. Their prior work experience with the City (Miller Park Water Storage Tank) and verified references indicate favorably for award. A bid tabulation is attached for your review. Staff recommends the City Commission approve an award of contract in the amount of $13,690.00 to Eagle Painting for the Pompey Park Community Center and Gymnasium Painting project. Funding is available from account 001-4127-572-46.10, Parks & Recreation/ Repa. ir & Maintenance Services. Joe Weldon; Director of Parks and Recreation Dick Hasko; Director of ESD Howard Wight; Deputy Director of Construction, ESD File 2000-064 (A) s\...~2000-064~ag rnem062000 Agenda Item No. <g~'-~' ! AGENDA REQUEST Date: June 14, 2000 Request to be placed on: X __ Regular Agenda Special Agenda __ Workshop Agenda When: June 20, 2000 Description of item (who, what, where, how much): Staff request the City Commission approve an award of contract in the amount of $13,690.00 to Eagle Painting for the Pompey Park Community Center & Gymnasium Painting project. Funding is available from Parks and Recreation/Repair & Maintenance Services, account No. 001-4127-572-46.10. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve a contract award to Eagle Painting for painting of the Pompey Park Community Center, Gymnasium, and Pool Bathhouse Facility. ~~.~.~~~ Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (~eo, u~d on all items involving expenditure of funds): Funding availabl · Yd~..~..~O Funding alternatives (if applicable): Account No. & Description 001-4127-572-46.10; Parks & Recreation/Repair and Maintenance Services. AccountBalance ~ .5~,,::,q~o'? ~ ~ (~/,l~,/a-r~ ~"k~. ~J ' City Manager Review: " ' Approved for agenda: ~0 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~...~.OOO-O64~ag req -062000 PURCHASING DIVISION MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Jennifer Schiliace, Buyer Joseph Sa~inance Director June 13, 2000 DOCUMENTATION CITY COMMISSION MEETING, JUNE 20, 2000 PURCHASE OF FURNITURE FOR POLICE DEPARTMENT FROM JC WHITE OFFICE FURNITURE ITEM BEFORE COMMISSION: The City Commission is requested to approve the purchase award of office furniture for the Records Section of the Police Department from JC White Office Furniture at a total cost of $11,540.62 BACKGROUND: The Administrative Services Director at the Police Department is requesting approval by City Commission to purchase office furniture for the Records Section of the Police Department from JC White Office Furniture. The total cost of this purchase is $11,540.62 and pricing is per State of Florida Contract No. 425-001-97-1. Funding will be taken from account numbers 001-2113-521-64.10 ($2,095.80) and 001-2113-521-51.20 ($9,444.82). RECOMMENDATIONS: The Purchasing staff and the Administrative Services Director at the Police Department recommend award to JC White Office Furniture for a total purchase of $11,540.62 via the State of Florida Contract, No. 425-001-97-1. Attachments cc: Jacklyn Rooney, Purchasing Supervisor David Junghans, Administrative Services Di?ector Delray Beach .Police Department MEMORANDUM TO: Jennifer Schillace Buyer ~. FROM: David Junghans Administrative Servibe~ Director DATE: SUBJECT: June 5, 2000 FURNITURE Requisition 79828 is for furniture for the Records Section. We have selected J.C. White because their pricing is from the Palm Beach County School Board contract. Additionally, J.C. White company has provided quality service to the Department over the past six years. Should you have any further questions or concerns, please contact me at extension 7848. DJ/rmh 06/1'5/00 11:44 FAX 561 243 7816 17i16 . 5618488219 DELRAY BEACH POLICE DEPT JC WHITE [~002 P~GE 82 30' X 66' ©© OFF~CE - OLLIE OPTION 06/25/00 11:44 FAX 561 243 7~6 DELRAY BEACH POLICE DEPT ~003 04/1~/2000 17:lg . ~1848~1~ JC ~HIT~ P~ 8~ ALARMS & UCR BF~OWARD:. (954] 785-3212 nADE: (305) 477 5817 PALM BEACH: (561) 848..4982 06/]:5/00 11:45 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~004 JC WHITE Pa~__ OB 04/11/'2000 17:15 · 5511~488~'19 DATA' ENTRY ,BELRAY BCH P[}L [C~ DEPT. JOB: -~/~0/00 DRAWN STATI[]N IN CDRNER TIGHT ~ OR:lC ~E ,FURNITURE BRQWARD; (954) 785-3212 DADE:, (365) 4TTJ5817 PALM BEACH: (561) S4B-4.q82 84/25"~28HI~ 12:48 5618488219 JC WHITE D!BpDDATA.SIF LISTS CUSTOMERS CUSTOMER% DELRAY BEACH POLICE DEPT. - DATA ENTRY S STATIONS ~_.~. Mf~l Qty Part # Degcrl~ptlon I Options 1 HAN 5 NDFS-2415-1H FIXED PEDESTAL - STEEL FRONT 24" DEEP 4.26-2000 11:33:23 Unit Extended §18.00 2590.00 160,25 801.25 Customer %6906300 (IH) 6~/12W/LOCK ,TR- PEDESTAL & PULL ~ UNDECIDED COLOR 2 HAN 3 NEB-1 BASE FEED-HARDWIRE CONNECTION VINYL CLAD CONDUIT STANDARD VERSlON 142.00 426,00 ~, 43.93 131.79 ..~L. Customer %69.06300 3 HAN I NER-1 POWER RECEPTACLE -TRIPLEX BOX OF 6 ,TR- SURFACE1 ~ UNDECIDED COLOR 103.00 103.00 31.87 31.87 ~_, Customer %69,06300 4 HAN 6 NL2P~4-S ENH ;[-WAY CONNECTOR,FULL CONN, FULL COVER-PNT,64H ($) STL PAINTED TOPCAP ,TR- TRIM ~ UNDECIDED COLOR ,TR- TRIM - UNDECIDED COLOR ,TR- TRIM ~ UNDECIDED COLOR 124.00 744.00 38.36 230.16 Customer %69.06300 HAN 6 NLRP-O4-S ENH END-OF-RUN CONNECTOR.FULL CONN,FULL COVER-PNT,64H (S) STL PAINTED ToPcAP ,TR- TRIM ~ UNDECIDED COLOR .TR- TRIM - UNDECIDED COLOR ,TR- TRIM ~ UNDECIDED COLOR ~6.00 336.00 17.32 103.92 Customer %69,06300 J.C. WHITE OFFICE FURNITURE, WEST PALM BEACH Page 1 DBPDDATA.S[F LISTS CUSTOMERS CUSTOMER% DELRAY BEACH POLICE DEPT, - DATA ENTRY 5 STATIONS # Mf9 Qty Part # Description I Options 4-25-2000 Unit Extended · 6 HAN 2 NLSS-64 ENH STRAIGHT CONNECTOR,FULL HGT,64 IN 42,00 12.99 25.98 . Customer %69.06300 7 HAN 6 8 HAN 5 NMFF-6424-SN ENH PREMISE MONO PANEL,64HX24W (SN) .FE- .FE- .TR- NMFF-6460-SP STL TOPCAP.NON-POWER ESSENTIEL GRADE A UNDECIDED COLOR ESSENTIEL GRADE A UNDECIDED COLOR RACEWAY UNDECIDED COLOR TOPCAP UNDECIDED COLOR ENH PREMISE MONO PANEL,64HX60W (SP) ,FE- ,FE- ,TR- STL TOPCAP,3-CIRC PWR ESSENTIEL GRADE A UNDECIDED COLOR ESSENTIEL GRADE A UNDECIDED COLOR RACEWAY UNDECIDED COLOR TOPCAP UNDECIDED COLOR 402.00 2412.00 124,37 746.22 Customer %69.06300 800.00 4000.00 247,50 1237.50 Customer %69.06300 9 HAN 5 NSBL-I CORNER SUPPORTBRACKET-LEFT 8.00 40.00 2,47 12.35 Customer %69.06300 10 HAN 2 NSBR-1 CORNER SUPPORT BRACKET - RIGHT 8,00 16.00 2.47 4.94 Customer %69.06300 11 HAN 1 NSC2-1 SUPRT,W$,SHARED,ASSY,PRM,SET OF 2 84,00 84.00 ,,~ i 25.99 25.99 Customer %69.06300 J.C, WHITE OFFICE FURNITURE. WEST PALM BEACH Page 2 84."25'"288~4 1 ~. 4~ 5518488219 2Q ~,,~HITE LISTS CUSTOMERS CUSTOMER% oBPODATA.SIF DELRAY BEACH POLICE DEPT. - DATA ENTRY 5 STATIONS part # NSP-24 ,OH- DesCription I Options END PANEL,EXEC HEIGHT - 24" LAMINATE UNDECIDED COLOR 4.25.2000 11:33:23 Unit Extended 72.70 72.70 Customer %69.06300 NTL-60-T ,TR- NUSS-60 TASK LIGHT - 60" T-80CTIC SURFACE 1 UNDECIDED COLOR 60" REGULAR SHELF SURFACE t UNDECIDED COLOR 208.00 1040.00 ~,,~ 64.35 321.75 Customer %69.06300 181.00 905.00 56.00 280.00,~- Customer %69.06300-'~' NWRL-2460 LMNT WORKSURFACE - REGULAR 24" X 60" (..) STANDARD VERSION ,OH- LAMINATE ~ UNDECIDED COLOR ,HP- LAMINATE UNDECIDED COLOR 330,00 1650.00 102.09 510.45 Customer %69,06300.~ 16 HAJ 1 LSET-3 17 JCW 1 STANDARD LOCK PLUG & KEY ,LX~ LOCK COLOR 0BL BLACK LOCK SET (QTY 3) 0,00 0.00 0.00 0.00 Customer %0.00000 DELIVERY AND INSTALLATION M-F, 9-5 525.70 526.7O .~C 526,70 526.70 Customer %0,00000 Totals List 1-~1 §1.70 Customer 5063.57 Customer% 66.66884 J.C. WHITE OFFICE FURNITURE, WEST PALM BEACH Page 3 ~14.."25'2F1'II} ! 2:48 5618488219 ~Q UHITB F'~-~GE ~,~ ,~', DBPDOLLLSIF LISTS CUSTOMERS CUSTOMER% DELRAY BCH POLICE DE~. - OLLIE'S OFFICE ~_~ M.f~L~ Qty~art # Description/Options __ HARD CASTERS,W/? BACK LOCK ,~3H- ESOTERIA GRADE 4-25-2000 11:39!49 Unit Extended ,TR- UNDECIDED COLOR PAINT/PVC UNDECIDED COLOR 82.9,00 82900 318.17 318.17 Customer %61.62000 L~2 M601-2110 ,TR- SLED EASE,ARMS,POLY OUTER STANDARD VERSION ESOTERIA GRADE A/1 UNDECIDED COLOR PAINT/PVC UNDECIDED COLOR 372,00 744.00 14Z.77 285.54 Customer %61.62000 3 HAN 1 NFBL-2442 ,0H- ,TR- BRIDGE - LAMINATE TOP,DESK HGT24" X 42" LAMINATE UNDECIDED COLOR LAMINATE UNDECIDED COLOR MODESTY/END PANEL UNDECIDED COLOR 465.00 46500 165.01 165.01 Customer %64.51400 HAN 1 NFDL-2466-1JR PEDESTAL DESK~ LAMINATE TOP 24"X 66" (1JR) 12/12 RIGHT ,OH- LAMINATE ~ UNDECIDED COLOR ,HP- LAMINATE ~ UNDECIDED COLOR ,TR- SURFACE 3 ~ UNDECIDED COLOR 1273,00 1273,00 451.74 451.74 Customer %64.51400 J.C. WHITE OFFICE FURNITURE, WEST PALM BEACH Page DBPDOLLI.SIF LISTS CUSTOMERS CUSTOMER% DELRAY BCH POLICE DEPT. - OLLIE'$ OFFICE # Mfg. ~Q.~. pert # Description I Options 5 HAN//~( 1 ] NFEL~3066-1HL EXC PED DSK W/OVERHANG-LAM TOP30" X 66" 4-2§-2000 11:39:49 Unit Extended 1415,00 1415.00 502.13 502.13 Customer %64.51400 (1HL) 6/6/12 PEDESTAL,LEFT ,OH- LAMINATE ~ UNDECIDED COLOR ,HP- LAMINATE - UNDECIDED COLOR ,TR- SURFACE 3 - UNDECIDED COLOR 6 NFUS-3366 .TR- VERTICAL STORAGE,STEEL DOOR 34"X 66" SURFACE 1 UNDECIDED COLOR ESSENTIEL GRADE A UNDECIDED COLOR 1441,00 1441.00 511,35 511.35 Customer %64.51400 VERTICAL STORAGE UNIT TEMPLATE 12.00 12.00 4.26 4.26 Customer %64.51400'~ 9 HAN 1/~0-~ 18 HAJ I LSET-,~ HARDWARE,PKG,TASK LIGHT,VSU 0.00 0.00 Customer STANDARD LOCK PLUG & KEY LOCK COLOR BLACK LOCK SET (QTY 6) 0.00 o.oo 0/064.51400 0.00 0,00 o.oo o.oo Customer%0,00000 10 HAW 1 AKP-12 11 JCW 1 AKP-22.75 X 11.75,W/SLIDING MOUSE TRAY DELIVERY AND INSTALLATION M-F, 9-5 457.00 457.00 457.00 457.00t~ Customer %0,00000'~ 299.50 299,50 ~?! 299.50 299,50 Customer %0.00000 J,C, WHITE OFFICE FURNITURE, WEST PALM BEACH Page 2 12: 4bl 5618481~D219 JC I/.IHI TE f'a,_~E n c ~ DBPDOLLI.SIF LISTS CUSTOMERS CUSTOMER% DELRAY BCH POLICE DEPT. * OLLIE'S OFFICE # Mf9 Qb~ Part # Description / Options Unit 4-25-2000 Extended Totals List 6935.50 Customer 2994.70 Customer% 56.82071 J,C. WHITE OFFICE FURNITURE, WEST PALM BEACH Page 3 DBPDAL~ t.SIF LISTS CUSTOFLEI~$ CUSTOHER% T~ELRAY BCH FOLICE DEPT, - ALAI~J4S & UCR # gf9 Qty Part # Description / Options IZ:14:15 Unit Extended ASy~,.~ ,3~.1-1G42 ,TR- MB H.E.,FRWD,BHA,FLIPPER WNNL 829.00 1658.00 HARD CASTERS,W/Q BACK LOCK 318.17 636.34 Customer %61.62000 ESOTERIA GRADE UNDECIDED COLOR PAINT/PVC UNDECIDED cOLOR HAN 2 NFEL-3672-1HR / /-~IHR) ,...H P- EXC PED DSK W/OVERHANG-LAM Td 525.00 3050.00 38" X ?2" 541.16 1082,32 Customer %64.51400 6/6/12 PEDESTAL,RIGHT LAMINATE UNDECIDED COLOR LAMINATE UNDECIDED COLOR SURFACE 3 UNDECIDED COLOR 3 HAN 2 NFRL-2442-1JL (~JL) ?- , RETURN,DESK HEIGHT.LAMINATE 24" X 42" 12/12,LEFT ORIENTATION LAMINATE UNDECIDED COLOR LAMINATE UNDECIDED COLOR DRAWER FRONT UNDECIDED COLOR 950.00 1900.00 337.12 674.24 Customer %64.51400 HAN 2 NFUN-3372 ,5 HAN 2 NTL-60-T VERTICAL STORAGE,OPEN-SHELF 875.00 1750,00 34" X 72" 310.50 621.00 Customer %64,51400 SURFACE1 UNDECIDED COLOR ESSENTIEL GRADE A UNDECIDED COLOR TASK LIGHT - 60" %80CTIC SURFACE 1 UNDECIDED cOLOR 208,00 416.00 73.81 147.02 Customer %64.51400 J.C. WHITE OFFICE FURNITURE. WPB Page 1 5C ~HIT£ 5618488219 ~4,.'25.."2~@0 12:48 4.25.2000 U~T$ CUSTOMERS CUSTOFIER% t DBPD~J.~t .SIF DE~Y ~H POLICE DE~. - A~RHS & gOB Unit Extefl~ed ~ ~tg - Qty Pa~ Oes~i~ Options 6 HAN 1 N~'1 VERTICAL STOOGE U NIT TEMP ~TE 12.00 12.00 Customer %64.514~ 7 HAN 1 5340-5618 HARDWARE,PKG,TASK LIGHT,VSU 0,00 0.0O HARDWARE,PKG,TASK LIGHT,VSU 0.00 0.00 Customer %64.51400 8 HAJ 2 LSET-6 .LX- 0BL STANDARD LOCK PLUG & KEY 0,00 0.00 0.00 0.00 LOCK SET (QTY 6) Customer %0.00000 LOCK COLOR 9 JCW 1 DELIVERY AND INSTALLATION M-F, 316.57 316.57 31657 316,57 9-5 Customer %0.00000 Totals List g10z,57 Customer 3482,35 Customer% 61.74322 J.C. WHITE OFFICE FURNITURE, WPB page 2 AGENDA item NUMbeR: AGENDA REQUEST Request to be placed on: Date: June 13, 2000 XX Consent Agenda Special Agenda __ Workshop Agenda When: June 20, 2000 Description of agenda item: The City Commission is requested to approve the purchase award of office furniture for the Records Section of the Police Department from JC White Office Furniture at a total cost of $11,540.62. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: The Administrative Services Director at the Police Department and the Purchasing Division recommend award to JC White Office Furniture for a total pumhase of $11,540.62 via the State of Florida Contract No. 425-001-97-1. Funding for this purchase will be taken from account numbers 001-2113-521-6410 ($2,095.80) and 001-211~1-5120 ($9.z~4.82). Department Head Signature:~'~-----°. ~..~ Determination of Consistency v/it,~O'omprehensive 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 Number: (if applicable) Account Description: Account Balance: c,ty Manager Rev,ew: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. NUMBER: TO: FROM: DATE: City Of Delray Beach Department of Environmental Services M E M 0 R A N David T. Harden, City Manager RandalL. Krejcarek, P.E.,CityEngineer ~/. · 16 Jun 2000 SUBJECT: Venetian Drive - Casuarina Road to E Atlantic Avenue Commission Agenda Item Contract Award Project # 2000-010 D U M Attached is an agenda item for Commission approval/authorization for the Mayor to execute Contract with Telcon, Inc. This Contract includes improvements on Venetian Drive, Miramar Street, Ingraham Avenue, Nassau Street, and Langer Way. These improvements include: · installation of new 16-inch force main · sanitary sewer (e.g. gravity main and manholes) rehabilitation · LS 17 wet-well rehabilitation and replacement of pumps if necessary · drainage improvements · water main upgrades, tie-ins and stub-outs · roadway reconstruction/resurfacing The attached map shows the project location. Funding is as follows: Account # Amount 441-5181-536-65.09 $ 704,507.00* 442-5178-536-61.78 $ 112,239.00' 448-5461-538-65.09 $ 185,548.00' 370-3162-541-65,42 $ 456,501.00 Total $1,458,795.00 * Note: Funding available after transfer. Transfer sent under separate cover Please place this item on the 20 June 2000 Commission meeting. enc cc: Richard Hasko, P.E., Director of Env. Svca. Joseph Safford, Finance Director I~essrvOO2~DEPARTMENTS~EngAdmin~Projects~2OOO~2OOO-OlOtOFFICIAL~agendamerno 20jun2OOO. doc Agenda Item No. AGENDA REQUEST Date: 16 Jun 2000 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 20 Jun 2000 Description of item (who, what, where, how much): Commission approval/authorization for Mayor to execute Contract with Telcon, Inc. This Contract includes improvements on Venetian Drive, Miramar Street, Ingraham Avenue, Nassau Street, and Langer Way. These improvements include: installation of new 16-inch force main, sanitary sewer (e.g. gravity main and manholes) rehabilitation, LS 17 wet-well rehabilitation and replacement of pumps if necessary, drainage improvements, water main upgrades, tie-ins and stub-outs, roadway reconstruction/resurfacing. Total cost for this Contract is $1,458,795.00. Funding: Account # Amount 441-5181-536-65.09 $ 704,507.00* 442-5178-536-61.78 $ 112,239.00' 448-5461-538-65.09 $ 185,548.00' 370-3162-541-65.42 $ 456,501.00 Total $1,458,795.00 * Note: Funding available after transfer. Transfer sent under separate cover ORDINANCE/RESOLUTION REQUIRED. YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recomme~n(~% apj~r(~al~authorization Department head signature Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable)[ ' Budget Director Review (r, pq~d on all items involving expenditure of funds): ......---~Funding availabl~,YES/~lO (After Transfers) ///.-.~ ~/Funding alternativ'e~''''~ (if applicable) [ [ \/~'XAccount No. & Desc~ ~'~ 'Y/J/Acc°unt Balance See table Above ' City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: Ag520.doc TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER'~'~'~, ,~,,~ ~[~-, DIA~I.~ DOMINGUEZ, PLAN~ING AND Z~l~ ~ J~~, ~NER MEETING OF JUNE 20, 2000 CONDITIONAL U~E REQUEST TO E~TABLISH A "BAZAR" FOR THE DELRAY BEACH ANTIQUE MALL, PURSUANT TO LDR SECTION 2.4.5(E) At a public hearing held on May 22, 2000, the Planning and Zoning Board considered a Conditional Use request to establish a "bazaar" for Delray Beach Antique Mall within the Delray Shopping Center located on North Federal Highway. The Board was generally supportive of the establishment of a "bazaar" at this location as long as the merchandise that they sell be verifiable antiques. Members from the public spoke on the item and voiced concerns with respect to the use, the possibility of a parking shortage, and the unsightly condition of the building fa(~ades. After a lengthy discussion on possible fa(~ade improvements the Board voted 6-0 to continue the Conditional Use request for the Delray Beach Antique Mall to the June 19~ meeting, with the following direction: · That the applicant provide a program for improvement of the shopping center facade. The applicant has submitted a fa(~ade improvement plan, which is to be reviewed at the Planning and Zoning Board meeting of June 19th. In order to expedite the project, action by the City Commission was scheduled for the June 20th meeting, which is the day after the Planning and Zoning Board hearing. The final recommendation from the Planning and Zoning Board will be forwarded to the City Commission at the meeting. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report and Memorandum. By motion, approve the Conditional Use request for Delray Beach Antique Mall based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That a Class I site plan modification be processed indicating the upgrades to the site as well as a floor plan that is accurately scaled. 2. That the booths be a minimum of 9' x 9'. 3. That no outdoor display be allowed except for special events which must be approved by the City Commission. City Commission Documentation Conditional Use Request to Establish a Bazaar for Delray Antique Mall Page 2 4. That no individual sales occur at the booths, with the exception of food sales. 5. That the food area be limited to the 500 sq.ft, as shown on the floor plan. That the parking be reassessed after one year from the issuance of the Certificate of Occupancy to determine if the use generates a greater parking demand. If vehicles are observed parking off site, in the aisle ways, on the vacant land, or otherwise not within the designated parking spaces, or if there are similar indications of a parking shortage, additional paved parking spaces must be installed in accordance with City codes. 7. That additional site lighting be provided under the canopy and within the parking lot area. 8. That the existing nonconforming freestanding sign be removed and a new monument style sign be installed that meets current code requirements. 9. That the landscaping be reinstated as approved with the 1993 landscape code compliance plan. 10. That items to be sold at the Delray Antique Mall are verifiable antiques as defined in the City's LDR's. 11. That the fa(;ade improvement plan as agreed upon herein beimplemented within six months (December 20, 2000) of the approval of the Conditional Use. Attachments: P& Z Staff Report and Documentation of February 28, 2000 and June 19, 2000 MEETING OF: AGENDA ITEM: JUNE 19, 2000 IV.A. CONDITIONAL USE APPROVAL TO ESTABLISH A "BAZAAR" FOR THE DELRAY BEACH ANTIQUE MALL, PURSUANT TO LDR SECTION 2.4.5(E) (CONTINUED FROM THE MAY 22, 2000 MEETING) At a public hearing held on May 22, 2000, the Planning and Zoning Board considered a Conditional Use request to establish a "bazaar" for Delray Beach Antique Mall within the Delray Shopping Center located on North Federal Highway. The Board was generally supportive of the establishment of a "bazaar" at this location as long as the merchandise that they sell be verifiable antiques. Members from the public spoke on the item and voiced concerns with respect to the use, the possibility of a parking shortage, and the unsightly condition of the building fa~:ades. After a lengthy discussion on possible fa(;ade improvements the Board voted 6-0 to continue the Conditional Use request for the Delray Beach Antique Mall to the June 19th meeting, with the following direction: · That the applicant provide a program for improvement of the shopping center facade. Staff conducted a site visit to the shopping center and has formulated a list of minimal fa(;ade improvements that could be implemented to improve the appearance of the shopping center. The list is as follows: 1. The creation of a unified sign program - consistent signage for all tenants on fascia. 2. Removal of an old metal sign support that is located at the top of the arch. 3. Filling in the missing vertical elements on the arch. 4. Consideration in repainting the green fascia a different color. 5. Installation of a small awning (possibly striped) extending from the fascia which would conceal the existing fluorescent lighting under the canopy and add a decorative feature. 6. Removal of the jalousie windows and bars from a vacant tenant space. 7. Limit the amount of merchandise displayed outside of the SKD Furniture store and reduce the number of inside window signs. 8. Pressure cleans the sidewalk. 9. Check the irrigation system as the sod and landscape material is dying. Staff met with the applicant and the owner's agent to discuss the list of fa(;ade improvements. A summary of the agent's response (letter attached) to the fa(;ade improvements is provided below. P&Z Board Memorandum St~'-'~eport -- Continued from the May 22, 2u00 Meeting - Conditional Use Request to Establish a Bazaar for the Delray Beach Antique Mall Page 2 The applicant has agreed to implement recommendations 2, 5, 6, 8, and 9 as enumerated above. The recommendations that still remain a concern are discussed below. 1. Unified Signage Program: Response: The applicant has agreed to remove all signs from tenants that are no longer in occupancy and will require all tenants to have box signs. The applicant has also agreed to remove the existing pylon sign and install a new directory pylon sign (at the main entrance of the center) that will have a uniform color and font for all the tenants. Analysis: While box signs are an acceptable style of sign, they allow more flexibility in design and can become less uniform, as Iogos can easily be accommodated as well as a variety of fonts. It is suggested that either illuminated channel letters or reversed channel letters be considered as they are more uniform and attractive. The proposed directional pylon sign is a great improvement over the existing pylon sign. However, it is still quite large. A Master Sign Program should be implemented for the shopping center, which would be reviewed by the Site Plan Review and Appearance Board (SPRAB). SPRAB can then review the entire package as a whole with respect to code compliance issues and aesthetics. The Board may wish at this time however, to give the applicant direction on the signage package. 3. Filling in Missing Vertical Elements on Arch: Response: The applicant states that this section of the building was re-roofed approximately two years ago. It would be costly to re-attach new elements to the building as penetrations to the roof have to be performed by the roofing company in order to not jeopardize the warranty of the roof. He has therefore requested that this item not be made a condition of approval. Analysis: Uniformity of the arch is a critical component of the fa(j:ade improvements as it is one of the most unsightly conditions of the building. It is recommended that either the missing vertical elements be replaced, or that the existing elements be removed as part of this development proposal. 4. Repainting the Fa~:ade: Response: The applicant feels the color of the center is a matter of personal taste and notes that it was repainted in 1998 after approval by SPRAB. He is therefore requesting that this item not be made a condition of approval. Analysis: Board's Discretion. P&Z Board Memorandum St~--"~eport Continued from the May 22, 2,~00 Meeting - Conditional Use Request to Establish a Bazaar for the Delray Beach Antique Mall Page 3 7. SKD Furniture Sales: Response: Given the condition of the center, it makes it difficult for this tenant to do business without displaying merchandise outside. Once the Antique Mall opens for business, the increase in foot traffic will allow the owner to restrict the amount of merchandise being displayed. As the tenant is not violating City codes with respect to window signage he does not feel he can require the tenant to remove the signs. Analysis: A code enforcement officer conducted a site visit to determine if SKD was in violation of City codes and it was found that the window signage and outdoor display areas are in compliance. It would therefore, be appropriate to request that the owner work closely with this tenant within reason to limit the outdoor display areas and window signage. The applicant has agreed to most of the facade improvements as suggested by staff. As SPRAB has the authority to act on Master Sign Programs it would be more appropriate for that Board to discuss the aesthetics of the signage package with direction from the Planning and Zoning Board. The arch is a critical component in improving the building elevations, therefore, the vertical elements should either be removed or replaced. The Board should discuss with the applicant at the meeting the necessity of repainting the building. As a condition of approval the facade improvement plan as noted herein should be implemented within six months of the approval of the Conditional Use. Continue with direction. Recommend approval of the Conditional Use request for Delray Beach Antique Mall, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the Conditional Use request for Delray Beach Antique Mall, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). Recommend approval of the Conditional Use request for Delray Beach Antique Mall based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: P&Z Board Memorandum St~'-"~eport - Continued from the May 22, 2ual0 Meeting - Conditional Use Request to Establish a Bazaar for the Delray Beach Antique Mall Page 4 1. That a Class I site plan modification be processed indicating the upgrades to the site as well as a floor plan that is accurately scaled. 2. That the booths be a minimum of 9' x 9'. 3. That no outdoor display be allowed except for special events which must be approved by the City Commission. 4. That no individual sales occur at the booths, with the exception of food sales. 5. That the food area be limited to the 500 sq.ft, as shown on the floor plan. That the parking be reassessed after one year from the issuance of the Certificate of Occupancy to determine if the use generates a greater parking demand. If vehicles are observed parking off site, in the aisle ways, on the vacant land, or otherwise not within the designated parking spaces, or if there are similar indications of a parking shortage, additional paved parking spaces must be installed in accordance with City codes. 7. That additional site lighting be provided under the canopy and within the parking lot area. 8. That the existing nonconforming freestanding sign be removed and a new monument style sign be installed that meets current code requirements. 9. That the landscaping be reinstated as approved with the 1993 landscape code compliance plan. (New Conditions of Approval) 10.That items to be sold at the Delray Antique Mall are verifiable antiques as defined in the City's LDR's. 11.That the fa(;ade improvement plan as agreed upon herein be implemented within six months (December 20, 2000) of the approval of the Conditional Use with Board's direction on: · repainting of the center · removal or replacement of the vertical elements in the arch feature · type and style of signage Attachments: · P&Z Staff Report Dated May 22, 2000 · Letter from Applicant Regarding Fa~;ade Improvement Program P&Z:Delray Antique Mall 1 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: May 22, 2000 IV.D. Conditional Use request to Allow the Establishment of a Bazaar for the Delray Beach Antique Mall, Located at the Southwest Corner of North Federal Highway and Lake Avenue (NE. 14th Street) GENERAL DATA: Owner ............................................ Ananza Inc. % Brenner RE Group Applicant ........................................ Carlos Garcia-Velez Agent ............................................. Anton Rechner & Phyllis Alexander Location ......................................... Southwest corner of North Federal Highway (U.S. 1) and Lake Avenue (N.E. 14th Street) Property Size ................................. 2.52 Acres Future Land Use Map .................... General Commercial Current Zoning .............................. GC (General Commercial) Adjacent Zoning ................... North: GC East: South: West: Existing Land Use ........................ Proposed Land Use ...................... Water Service ............................... Sewer Service .............................. GC GC CF (Community Facilities) Strip Shopping Center Conditional Use Request to allow the establishment of a Bazaar within the space formerly occupied by Florida Sheriffs Youth Ranch Existing on site Existing on site The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a "bazaar" for the Delray Beach Antique Mall, pursuant to LDR Section 2.4.5(E). The use is to be established within vacant tenant space in the Delray Shopping Center, located at the southwest corner of Lake Avenue and North Federal Highway. It is located within the area designated as the North Federal Highway Overlay District. The subject property (the Delray Shopping Center) includes Lots 1-19, Block "B" of the La Hacienda Subdivision, and Lot 5 of the Harry Seemiller's Subdivision and contains 2.52 acres. The property is zoned GC (General Commercial) and is within the North Federal Highway Overlay District. The property was developed under Palm Beach County's jurisdiction as a 30,320 sq.ft, shopping center. On December 13, 1988, the center was annexed into the City as part of the North Federal Highway annexations via Ordinance 145-88. In 1994, the subject property was upgraded to meet 1993 landscape code compliance. The upgrades included the installation of perimeter landscape buffers that resulted in major modifications to the parking lot as well as extensive internal landscape areas. With the modifications approximately 10 parking spaces were eliminated on the site. At its meeting of March 16, 1999, the City Commission adopted the North Federal Highway Redevelopment Plan. The Plan calls for the area to be upgraded using traditional neighborhood principles to facilitate pedestrian movement and neighborhood connections. It also encourages a greater diversity of commercial uses and improvement of the perceived image and overall physical appearance of the area. The Plan allows for industrial uses to be situated along Dixie Highway with retail components along Federal Highway, with the idea of providing economic stimulation and investment in the area and the creation of jobs. The conditional use request is to establish a bazaar at the Deiray Shopping Center within the bay that was formerly occupied by the Sheriff's Youth Ranch thrift shop. The applicant is not proposing any exterior upgrades to the site. Interior modifications include the conversion of 16,000 sq.ft, to 93 antique booths with a central cashier, 3 offices, storage area and tea room. There will be no food preparation or cooking at this site. All food is to be prepared off-site and catered. The applicant has submitted the following narrative, which describes the operation: Planning and Zoning Board Staff-Oeport Conditional Use Approval - Del, 3each Antique Mall Page 2 "The Delray Beach Antique Mall, Inc. will be open 7 days from 10:00 a.m. to 7:00 p.m. The mall will have "booths" of antiques and an English type tearoom. Customers will browse and purchase antiques. The customers will then bring the items to the front check out where they will pay. Unlike typical merchandise malls there will be no merchants in attendance, the booth merchants will only be in and out at random to re- stock. This system has been designed to eliminate "people confusion" inside the mall and to also eliminate the need for "extra" employee parking. A similar mall is open in Deerfield Beach on Hillsboro Boulevard and Federal Highway and this system works excellent for them. The mall will employ approximately 12 people." REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use MaP designation of GC (General Commercial), and a zoning designation of GC (General Commercial). The zoning district is consistent with the GC Future Land Use Map designation and "bazaars" are listed as a Conditional Use in the GC district [LDR Section 4.4.9 (D)(7)]. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The development proposal involves the establishment of a "bazaar' within an existing retail center. As no additional square footage is proposed, there will not be an impact on concurrency with respect to Water/Sewer, Streets and Traffic, Solid Waste, Drainage, and Park dedications. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Planning and Zoning Board Staff~eport Conditional Use Approval - Del 3each Antique Malt Page 3 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Policy was found. Future Land Use Element Policy C-1.4 states that development located within the North Federal Highway corridor shall be consistent with the adopted Redevelopment Plan for the area. The Conditional Use request does not propose any significant modifications to the site, however, it will introduce a "destination" type use to a vacant and somewhat blighted center. Certain upgrades will be required as a condition of approval in order to help eliminate some of the nonconforming site conditions and improve the overall appearance of the center. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north, south and east by GC (General Commercial) zoning, and to the west, across Dixie Highway and the FEC railroad right-of-way, by CF (Community Facilities) zoning and R-1-A (Single Family) zoning. The existing land uses are to the north, an antique shop and vacant property; to the east, by an antique retailer (Bremmer development); to the south, by a vacant structure that was formerly a gas station and vacant property; and to the west, by a City owned retention area and single family dwellings. The establishment of an antique mall (i.e. bazaar) within an existing shopping center that is located near other antique shops could have a positive effect on the area by creating a destination spot for antique shoppers and dealers and should not hinder development or redevelopment of nearby properties. Parking is somewhat of a concern as the site is deficient per code requirements (see discussion below under Parking). However, there is room to construct a new parking lot in the large vacant area located in the southwest corner of the site if the use generates the demand. Along the west property line, landscaping was installed as part of 1993 landscape code compliance and buffers the site from the residential dwellings located across Dixie Highway and the FEC railroad right-of-way. Therefore, there are no compatibility concerns noted with the adjacent residential subdivision. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. If the Conditional Use is approved, a Class I site plan modification that addresses the following items of concern will need to be addressed with revised plans. Planning and Zoning Board Staff-Oeport Conditional Use Approval - Del ~each Antique Mall Page 4 Parking: Pursuant to LDR Section 4.6.9(C)(3)(e), Shopping Centers containing 25,000 to 400,000 sq.ft per gross leasable floor area, irrespective of uses for centers shall provide 4 spaces/1,000 sq.ft.. Based on the above, the 30,320 sq.ft, shopping center is required to provide 122 parking spaces and 90 currently exist on site, which leaves a deficit of 32 parking spaces. It is noted, that approximately 10 parking spaces were removed with the installation of the perimeter landscape buffers as part of 1993-landscape code compliance when the parking lot was reconfigured. The parking deficiency is considered lawfully nonconforming. There were no parking problems noted with the previous retail tenant (Sheriff's Youth Ranch thrift shop). Pursuant to LDR Section 2.4.4(C), approval of the use could be conditioned upon the upgrading of the parking to meet current codes. However, staff does not feel that the proposed use will generate a parking demand that cannot be met by the existing parking spaces. The shopping center currently contains 4,620 sq.ft, of furniture sales. Furniture stores typically generate a demand of approximately 2 spaces per 1,000 sq. ft., or half of the shopping center parking rate. Based upon a study conducted of the Hillsboro antique mall, which was recently submitted for another proposal, the proposed antique mall should generate a similar parking demand. Thus, the available parking should be adequate for the site. However, because there are no similar uses currently operating at this scale in town, it would seem reasonable to reassess the parking situation one year after the Certificate of Occupancy is issued for the store. If customers are parking in the open area and non-designated areas, the addition of the parking would be warranted and could be required at that time. This item has been attached as a condition of approval. Li_ohfinq: Currently, the site is deficient with respect to site lighting. As the bazaar is to open until 7:00 p.m., parking lot lighting should be upgraded. This would involve pole-mounted lighting as well as additional under canopy lighting. This item has been attached as a condition of approval. Landscaping: The site was upgraded with respect to 1993-landscape code compliance. This was accomplished by installing perimeter landscape buffers, modifications to the parking lot and installation of landscape material throughout the site. However, some of that plant material has since died and/or is missing and should be reinstated as part of this development proposal. Further, there are two planter boxes that are located in front of the antique bay that contain weeds which should be removed and replanted with flowering plant materials to help soften the fa(;ade. Si(Ina~3e: The identification sign located at the front entrance of the shopping center is nonconforming with respect to height, size and setback requirements and only furthers the existing blighted Planning and Zoning Board Staff Report Conditional Use Approval - De', Beach Antique Mall Page 5 situations in the corridor. As the proposed use will be the anchor of this shopping center, with signage placed on the freestanding sign, this is an opportunity for the removal of the non- conforming sign. As a condition of approval, the nonconforming sign should be demolished and a new monument style sign installed which complies with LDR Section 4.6.7. This would help to clean up the appearance of the site as well as the North Federal Highway corridor and would allow for a finding of consistency with the North Federal Highway Plan. OTHER ISSUES: Checkout Area: The sketch plan indicates that the bazaar will have one point of transaction at the front entrance. No individual sales are to occur at the booths, with the exception of food sales (Tea Room). In order not to exacerbate the parking shortage, the Tea Room should be limited to the square footage (500 sq.ft.) as indicated on the floor plan. Booth Sizes: Notes on the floor plan indicate that the booths are to be 10' x 10' (some are a little larger) with 8' aisle widths. However, the plan does not scale to these dimensions. The plans should be redrawn to an accurate scale. Outdoor Display Area: A large covered walkway exists in front of the building that poses a concern as it could be utilized for permanent outdoor display areas. This area should be kept open for pedestrians. As a condition of approval, no outdoor display should be allowed except for special events, which are approved by the City Commission. Community Redevelopment Agency (CRA): The CRA reviewed the development proposal at its meeting of February 25th and unanimously recommended approval of the project. Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report Conditional Use Approval - Del Beach Antique Mall Page 6 Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations that have requested notice of developments in their areas: · Seacrest Homeowners Association · La Hacienda Homeowners Association · Kokomo Key Management Company · North Palm Trail Homeowners Association · PROD · Presidents Council ASSESSMEN~ AND CONCLUSIO I The proposed conditional use request is for the establishment of a bazaar to be known as Delray Beach Antique Mall. While no exterior upgrades to the site are proposed by the applicant, the site is located in the North Federal Highway redeveloper corridor and some minor upgrades should be imposed as part of the development proposal. This includes general landscape maintenance items, upgrades to the site lighting, and removal of the nonconforming sign. The site is deficient with parking, however the use will most likely not generate a greater demand than normal retail uses. The parking situation should be assessed after one year to determine if the parking situation is creating a detrimental effect on the balance of the uses within the shopping center. If warranted additional parking spaces should be installed at that time. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility once all the items of concerns have been addressed. Continue with direction. Recommend approval of the Conditional Use request for Delray Beach Antique Mall, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the Conditional Use request for Delray Beach Antique Mall, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). Planning and Zoning Board Stae Oeport Conditional Use Approval - De, Beach Antique Mall Page 7 Recommend approval of the Conditional Use request for Delray Beach Antique Mall based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That a Class I site plan modification be processed indicating the upgrades to the site as well as a floor plan that is accurately scaled. 2. That the booths be a minimum of 9' x 9'. 3. That no outdoor display be allowed except for special events which must be approved by the City Commission. 4. That no individual sales occur at the booths, with the exception of food sales. 5. That the food area be limited to the 500 sq.ft, as shown on the floor plan. That the parking be reassessed after one year from the issuance of the Certificate of Occupancy to determine if the use generates a greater parking demand. If vehicles are observed parking off site, in the aisleways, on the vacant land, or otherwise not within the designated parking spaces, or if there are similar indications of a parking shortage, additional paved parking spaces must be installed in accordance with City codes. 7. That additional site lighting be provided under the canopy and within the parking lot area. 8. That the existing nonconforming free-standing sign be removed and a new monument style sign be installed that meets current code requirements. 9. That the landscaping be reinstated as approved with the 1993 landscape code compliance plan. Attachments: · Location Map · Sketch Plan · Floor Plan GEORGE BOULEVAR~ N ~ DEL~Y BEAOH ANTIQUE MALL PLANNING DEPAR~ENT ;' X ~ City Commission Agenda Item 9.A. - Delray Beach Antique Mall Conditions of Approval Recommended by the Planning & Zoning Board It was moved by Mr. Eliopoulos, seconded by Mr. Hasner and passed 6-0 to recommend to the City Commission approval of the Conditional Use request for Delray Beach Antique Mall, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That a Class I Site Plan Modification be processed indicating the upgrades to the site as well as a floor plan that is accurately scaled; 2. That the booths be a minimum of 9' x 9'; 3. That there be no outdoor display of merchandise anywhere on the shopping center premises, except for special events which must be approved by the City Commission; 4. That no individual sales occur at the booths, with the exception of food sales; 5. That the food area be limited to 500 sq.ft, as shown on the floor plan; 6. That the parking be reassessed after one year from the issuance of the Certificate of Occupancy to determine if the use generates a greater parking demand. If vehicles are observed parking off site, in the aisle ways, on the vacant land, or otherwise not within the designated parking spaces, or if there are similar indications of a parking shortage, additional paved parking spaces must be installed or otherwise provided in accordance with City codes; 7. That additional site lighting be provided under the canopy and within the parking lot area; 8. That the existing nonconforming freestanding sign be removed and a new monument style sign be installed that meets current code requirements; 9. That the landscaping be reinstated as approved with the 1993 landscape code compliance plan; 10.That items to be sold at the Delray Antique Mall are verifiable antiques as defined in the City's LDR's; and, 11.That the facade improvement plan as agreed upon in the staff report be completed within six months (December 20, 2000) of the approval of the Conditional Use with the following modifications: · That the existing colors be consistent throughout the plaza; · That a Master Sign Program be approved by SPRAB, with the style for the wall signs being channel letters not box signs; and, · That revisions to the arch feature and the color scheme of the plaza be revisited by SPRAB prior to December 1, 2003. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS c vY taNAGER AGENDA ITEM ~/~ - REGULAR MEETING OF JUNE 20, 2000 TRAFFIC CALMING MEASURES/PINEAPPLE GROVE WAY JUNE 16, 2000 This item is on the Comrmssion for direction as to the final design for the streetscape improvements proposed for Pineapple Grove Way. As discussed at the June 13~h workshop, staff has been working with the Pineapple Grove Mare Street Design Comrmttee to develop the improvement plan for the Pineapple Grove Way corridor. Agreement has been reached on every item with the exception of the traffic calming measure to be used at the N.E. 3~d Street intersection. Staff is recommending the utilization of a raised intersection while the Main Street Cormmttee is requesting that a roundabout be installed at this location. The rationale for staff's recommendation is outlined in the attached memorandum from the City Engineer. Commission direction is requested. RefiAgmemol 0.Traffic Calming. Pineapple Grove Way Agenda Item No. ~, ~. Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda Date: 15 Jun 2000 AGENDA REQUEST When: 20 Jun 2000 Description of item (who, what, where, how much): Approval of traffic calming measures to be utilized as part of the Pineapple Grove Way Improvements. The project is Pineapple Grove Way (NE 2nd Avenue) from the first east-west alley north of East Atlantic Avenue north to NE 4~ Street. The calming measures are as follows: "Loca;.ion Calming NE 2n~ Av @ NE 1~ St Raised intersection NE 2'" Av @ NE 2'" St Roundabout NE 2'" Av @ NE 3rd St Raised Intersection Mid-Block - 100, 200, & 300 Blks Raised Pedestrian Crossing ORDINANCE/RESOLUTION REQUIRED. YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends Approval. / ~ Department head signature: ,~~-~' A'~.~.i ,~ ,~'~' / 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 Not Applicable Funding alternatives (if applicable) Account No. & Description Not Applicable Account Balance Not Applicable City Manager Review: Approved for agenda:(~O ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved TO: FROM: DATE: SUBJECT: City Of Delray Beach Department of Environmental Services M E M 0 R A N David T. Harden, City Manager Randal L. Krejcarek, P.E. City Engineer ,~~ t5 June, 2000 Pineapple Grove Way Approval of Traffic Calming Measures City Project #99-039 D U M The attached agenda item is for approval of traffic calming measures to be utilized as part of the Pineapple Grove Way Improvements. The project is Pineapple Grove Way (NE Z~ Avenue) from the first east-west alley north of East Atlantic Avenue north to NE 4h Street. Calming measures to be implemented include: Location Calming Measure NE 2r~ Av @ NE 1`~ St Raised Intersection NE 2"a Av @ NE 2~ St Roundabout NE 2~ Av @ NE 3~ St Raised Intersection Mid-Block (5 Locations) Raised Pedestrian Crossing The City has worked with Pineapple Grove Mainstreet in an attempt to implement their conceptual plan. In proceeding from conceptual to detail design, and trying to stay within existing parameters, several changes were required. The changes are listed below: Conceptual Plan Detail Design Plan Meander horizontal alignment Retain odginal alignment Eliminate approx. 13 driveways Currently none are eliminated 7 mid-block at grade pedestrian crossings 5 mid-block raised pedestrian crossings Roundabout at NE 1~t St See calming measure table above Roundabout at NE 3~ St See calming measure table above We have been able to work through every change listed above with the exception of the calming measure to be implemented at NE 3~ Street. A raised intersection is recommended for the following reasons: 1) Iow volumes crossing intersection in an east-west direction, 2) no identified crash history, 3) conceptual roundabout assumed elimination a several driveWays, none of which are being eliminated. Pineapple Grove Mainstreet Design Committee is requesting that a roundabout be installed at this intersection. We are looking for direction on traffic calming measures along this corridor. Therefore, please add this agenda request to the 20 June commission agenda. Thank you. CC: Richard Hasko, PE, Director of Environmental Services Print: 06/15/00 iless~vOO2~DEPARTMENTS~EngAdmintProjectsi1999~99.039tOFFiClALtagendamerno 20jun2OOO. doc TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ~,~ DIANE DOMINGUEZ, PLANNING AND ZONINIG'JDI JEFFREY A. COSTELLO, PRINCIPAL PLANI~ MEETING OF JUNE 20, 2000 AGREEMENT FOR SIDEWALK IMPROVEi lENTS FOR SPENGLER CONSTRUCTION AND MASONRY~ INC. The action requested of the City Commission is that of acceptance of an agreement between the City and A.I.S. Investments, LLC to allow the deferral of the sidewalk improvements along NE 3rd Avenue associated with Spengler Construction and Masonry, Inc. The subject property is located on the west side of NE 3rd Avenue, approximately 130 feet south of NE 4th Street, within the CBD-RC (Central Business District-Railroad Corridor) zoning district and Pineapple Grove Redevelopment Area. On April 12, 2000, the Site Plan Review and Appearance Board approved a Class V Site Plan application for Spengler Construction and Masonry, Inc. subject to conditions. The proposal consists of the construction of a 2,221 square foot light industrial (contractor's office) building with associated parking and landscaping. In conjunction with the site plan, the Board approved deferral of the requirement to install a sidewalk along NE 3rd Avenue, provided that the owner enters into an Agreement/Covenant acceptable to the City Attorney to install the sidewalk when required by the City. Subsequent to SPRAB's recommendation, the City Commission discussed the practice of allowing sidewalk waivers and deferral agreements. The consensus was for staff to develop more specific criteria for consideration of these requests. However, this development proposal was already well into the process prior to that discussion. Staff is asking the Commission to consider this request under the existing criteria, so as not to delay this particular project. Currently, there are no sidewalks along NE 3rd Avenue. The area is almost completed developed, primarily with industrial type uses. Most of the businesses have parking that backs directly onto the street. The Pineapple Grove Neighborhood Plan calls for the installation of a sidewalk along the west side of 3rd Avenue, however installation of a continuous sidewalk by the City may not occur for many years. Pursuant to Section 6.1.3(D)(2), the requirement for sidewalks may be waived when it is clear that it will not serve its intended purpose. The deferral request was reviewed and supported by the Development Services Management Group (DSMG) and City Engineer. The attached sidewalk deferral agreement shall run with the land and be binding on the parties' heirs and successors. The Assistant City Attorney has reviewed and approved the agreement as to form and sufficiency. By motion, approve the sidewalk deferral agreement for Spengler Construction and Masonry, Inc. Attachments: · Sidewalk Agreement and Location Map N.£ 7TH ST NW. 5TH ST. WOOD LANE NE 6TH ST NE, 5TH TERR. NE. 7TH ST N.E. 6TH ST. ACURA OF DELRA Y BEACH N.E. 5TH CT, N.E. 5TH ST. TRINITY N.E. LU THEBAN LAKE IDA ROAD CASON METHODIST CHURCH NW 3RD ST CITY ATTORNEY BUILDING CITY HALL 5TH 2ND ST, ST. 4TH WAL- GREENS ST. ST. N.E. 2ND w ST. ' N CITY OF GELRAy BEACH, FL PLANNING & ZONING DEPARTMENT SPENGLER CONSTRUCTION AND MASONRY, INC. Prepared By: RETURN TO: R. Brian Shmt, Esq. City Attorney's Office 200 N.W. lst Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this __ day of 200_~, between the City the requirement of the installation ora sidewalk along I)~ 3f,0 as the City requests the construction of the sidewalk by the Owner. of Delray , Beth (hereinafter the City) and (hereinafter the Owners), for the purpose of waiving until such time WHEREAS, Land Development Regulation Section 6.1.3 (C) requires the installation of a sidewalk, within the /~, 3~t' ~l~ _ fight-of-way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the, Owners have requested a waiver from the requirement of the installation ora sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)Co); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such rime as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the /~1.~ 3~ ~¥t~ right-of~way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this i2_ day of ATTEST: ,2000. City Clerk Approved as to form and sufficiency: CITY OF DELRAY BEACH, FLORIDA By: Mayor City Attorney WITNESSES: (Please type or print name) 2 (Please ' ~ ~' type or pnnt n,~e) STATE OF }ffu42f-i'DA COUNTY OF ?~-/4 /~gACk/ The foregoing instrument was acknowledged before me this /Z'r ~c day of '.~Olq~,.. ,200_0by Ab]~l~/ '~' _51°/~8Jt.~.12 (name of officer or agent), of /~5> ~-tq~/-~,~wl~/d~.5 /a-~-(name of corporation), a ic't-o/[ii>,q (State or place of incorporation) corporation, on behalf of the corporation. He/She is personaIly knowrl_to_me or has produced not take an oath. (type of idei~ti~cation), as identifica~on and did/did Sigiature~f Not~ Public - State of ~/-o£i>)~/ (SEAL) ~Ji*i' ~ :~,~- MYCOMMISSION#CC873818 3 £1T¥ UF DEI. III:I¥ BER£H DELRAY BEACH AII-AmericaCity FROM: 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 · 561/243-7000 David T. Harden City Manager ~Robert A. Barcinski Assistant City Manager DATE: June 13, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING ]UNE 20, 2000 SPECIAL EVENT REQUEST - AARP WALK ACTION: City Commission is requested to endorse the 2ND Annual AARP Walk to be held on Saturday October 7, 2000 from 8:30 a.m. - 11:30 a.m., to grant a temporary use permit per LDR's Section 2.3.6 (H) for the use of Anchor Park and the City right of way along A-I-A, to waive parking meter fees, and to provide staff assistance for traffic control. BACKGROUND: Attached is the event request letter received from Gerri Gurbuz the local coordinator for AARP Health Advocacy Services. This event was held last year, but the route was along Swinton Avenue and did not need Commission approval. The event sponsor is proposing to stage the event sign in and start at Anchor Park with the route to occur on the sidewalk along A-1-A north of the park. Pohce assistance will be needed for crossing A-1-A. Barricades for Anchor Park can be provided on Friday 10/06/00. The event sponsor and the police staff would set up barricades. Estimated pohce overtime for the event is $100. The Police Department is trying to get volunteer auxiliary officers to work this event. There is another tentative event scheduled for this date, the Godzilla Sushi Hot Bikes Festival held in the Pineapple Grove area. This event does not involve a street closure. RECOMMENDATION: Staff recommends approval of the event, the temporary use permit for the use of Anchor Park and City right of way, waiver of parking meter fees in Anchor Park and providing staff support for traffic control with the following conditions: payment of overtime if volunteers are unavailable, provide a general liability certificate of insurance, naming the City as additional insured, and provide a hold harmless agreement PAB/tas File:u:sweeney/agenda Doc:aarp walk THE EFFORT ALWAYS MATTERS RECEIVED APR 0 ZOO0 ASSISTANT CITY' MANAGER Marcli 31, 2000 Mr. Robert A. Barcinski Assistant City Manager City of Delray Beach 100 NW 1~t Avenue Deah-ay Beach, FL 33444 Dear Mr. Barcinski: AARP (formerly the American Association of Retired Persons), The Area Agency on Aging-Palm Beach, Treasure Coast, Palm Beach County Health Department and Bethesda Hospital co-sponsoring the October 7, 2000 Healthy Aging Walk Eveut. The World Health Organization has designated this day worldwide as recognition of healthy aging. Our organizations are proud to again sponsor such an event in Delray. We provide you with the following information: 1.The walk will begin at Anchor Park heading north one mile along the beach sidewalk. The 1.2 mile walk route was provided by the Police Department. The Parks and Recreation Department has been informed and has indicated that there is no conflict with another event on that day. 2. It is a walk event for seniors and the A1A east sidewalk will be used, 3. The walk will start at Anchor Park, Saturday, October 7, 2000 from 8:30-11:30AM. 4. There will be no alcoholic beverages. Water will be provided along the route. 5. The event is free and limited to a maximum of 500 patticipauts. 6. There will be no music 7. The event sign will be posted on the grounds of Anchor Park and other signs may be posted along the route as needed to assist in directing walkers. Florida State Office · 9600 Koger Boulevard · Suite 100 · St. Petersburg, Florida 33702 (727) 576-1155 · Fax (727) 576-7566 - TrY (727) 576-3474 8. There will be no stage. 9. We will handle clean up no city crews are needed. 10. Lt. JeffWilliams of the Delmy Police Department will provide volunteer street 2q crossing assistance for the event. Please advise if this meets with your approval. We await your reply before proceeding. Thank you in advance. Sincerely, Gerri Gurbuz AARP Health Advocacy Services- Loeal Coordinator Please reply to: Gerri Gurbuz Address: 927 Tropic Blvd Delray Beach, FL 33483 RECEIVED J U N ~ ~ ~"all CiTY ~,ANAGER Events October/November 2000 09/21 10/07 Leukemia Society Walk Godzilla, Sushi, Hot Bike Festival 10/19 10/21 10/21 10/23 - 11/22 10/27 11/03-05 11/08-12 11/18-19 11/25 Art & Jazz on the Avenue "Christians Reaching Out to Society" Tennis Center Global Fest Work on Christmas Tree North American Corporate Games Opening Ceremony Tennis Center Garlic Festival Squash Tournament Tennis Center Harvest Fest Tree Lighting Ceremony * 1 O/O7 '10/12 * 10/28 AARP Walk Italian Fest AVDA Walk *Agenda requests 06/20/00 and 07/11/00 £1TY OF OELAI:iY BEI:I£H DELRAY BEACH AII-AmericaCity ®TO: M~]~00~fi~D£/RAY B G~C., ~/ORiDA 33,,,.551/243-7000 David T. Harden City Manager FROM: G~ Robert A. Barcinski Assistant City Manager DATE: June 13, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING [LINE 20, 2000 SPECIAL EVENT REQUEST - AVDA 5K WALK ACTION: City Commission is requested to endorse the 2~D Annual Aid to Victims of Domestic Abuse, Inc. 5K Walk to be held on Saturday, October 28, 2000, from 7:30 a.m. until completed, 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 A-l-A, to waive parking meter fees, and to authorize staff assistance for providing traffic control. BACKGROUND: Attached is a request we received from Sabrina Russ, Director of Development for AVDA, to hold their 2-a Annual 5K Walk on Saturday, October 28, 2000 with registration beginning at 7:30 a.m. and the event to start at 9:00 a.m. The route requested is the sidewalk route along A-I~A and does not require street closure. AVDA volunteers will assist with marshals and will provide dean up. Barricades for the park will be provided on Friday 10/27/00 by Public Works staff and will be set up on Saturday morning by volunteers and police staff. The Police Department will try to staff the event with volunteers. If police volunteers are unavailable, then the estimated overtime costs is $100.00. 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 sponsor paying all overtime costs, ff needed, contingent on the sponsor provid~ing the required liability insurance and a hold harmless agreement. RAB/tas File:u:sweeney/agenda Doc:AVDA Walk THE EFFORT ALWAYS MATTERS ?. ~__~. AID TO VICTIMS OF DOMESTIC ABUSE, INC RO. Box 667 · Delray Beach · Florida 33447-0667 · 561-265-3797 · Fax561-265-2102 May 5, 2000 Mr. Robert Barcinski Assistant City Manager 100 N.W. 1~t Avenue Delray Beach, FL 33~.~.~. RECEIVED HAY 8 g ?nil§ ASSiS I',A'.,~ I OITY iVIANAG£R Dear Mr. Barcinski: In recogmt]on of National Domestic Violence Awareness Month, Aid to Victims of Domestic Abuse, Inc. (AVDA) would like to present its 2~a Annual 5K Walkathon "Take Steps To End Domestic Violence" on Saturday, October 28, 2000. The route selected is the standard 5K Loop with staging to occur at Anchor Park. We respectfully request that the City Commission endorse our 2~ Annual 5K Walkathon and grant a temporary use permit for the use of Anchor Park and the North and South sidewalks along AIA. Registration would begin at 7:30 a.n~ and the 5K Walk would starx at 9:00 a.m. Additionally, we request staffassistance in providing traffic control and that fees for meters behind Anchor Park and all associated overtime costs are 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 required liability insurance naming the City of Delray Beach as additional insured and execute a hold harmless agreement. Proceeds fi.om this event will be used to provide daily nutritious meals, comprehensive case management, crisis counseling and other quality services to homeless battered women and children. The professionalism and enthusiasm demonstrated by the City of Delray Beach Police, Public Works and Parks and Recreation Departments last year were outstanding and instrumental in the success of our event. I commend the City of Delray Beach and its dedicated employees for their commitment to strengthening families and helping stop the cycle of violence. I look forward to hearing fi.om you soon with a favorable response and can be reached at (561) 265-3797. On behalf of our Board of Directors, staff and the women and children who will benefit fi.om your support, I thank you for taking this matter under advisement. Sincerely, ,~ Sabrina Russ Director of Development CHILDREI~I Ho~ng & Community Development t~J & FMILIEI Community Sen~cee FUNDERS CITY Of DELRAY BEACH United Way of Palm Beach County RECEIVED J U N ! ~ ~n1111 CITY MANAGER Events October/November 2000 09/21 10/07 Leukemia Society Walk Godzilla, Sushi, Hot Bike Festival 10/19 10/21 10/21 10/23 - 11/22 10/27 11/03-05 11/08-12 11/18-19 11/25 Art & Jazz on the Avenue "Christians Reaching Out to Society" Tennis Center Global Fest Work on Christmas Tree North American Corporate Games Opening Ceremony Tennis Center Garlic Festival Squash Tournament Tennis Center Harvest Fest Tree Lighting Ceremony * 10/07 '10/12 '10/28 AARP Walk Italian Fest AVDA Walk *Agenda requests 06/20/00 and 07/11/00 [IT¥ I)F DELRR¥ BERrH DELRAY BEACH Ail-America City 1993 FROM: 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 MEMOP, d IDUM David T. Harden City Manager [~Robert A. Barcinski Assistant City Manager DATE: June 13, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 20, 2000 SPECIAL EVENT REQUEST - SUMMER NIGHTS ON THE AVENUE ACTION: City Commission is requested to endorse the Summer Nights on the Avenue program, to grant a temporary use permit per LDR's Section 2.4.6 (H) for use of City property and right of way, and to provide City staff support for barricade set up and removal trash removal and clean up, police security and traffic control stage use, set up, and removal and banner and signage set up and removal. BACKGROUND: Attached is a summary of the dates and locations for the Summer Nights on the Avenue events. This is the fifth year that these events are being proposed by the Joint Venture. The purpose of these events is to bring activity to the Avenue during the Summer months and to bring in additional customers for our businesses. In past years City Commission has agreed to fund overtime costs up to $5,000.00. Last years overtime costs were $6,418. Staff support needed to staff the events and estimated costs are as follows: Police Depa, tment Security and traffic control. Overtime 76 hours Estimated Cost $2,585.00 Parks and Recreation Trash removal and clean up and stage set up and removal. Regular time 35 hours Estimate cost Overtime 106 hours Estimate cost Stage Rental Cost Total $ 485.00 $2150.00 $1600.00 $4235.00 THE EFFORT ALWAYS MATTERS Public Works Depa~h~ent Barricade set up, removal, electric set up, street sweeping and banner set up and removal. Regular time 32 hours Estimate cost $ 450.00 Overtime 85 hours Estimate cost $1800.00 Barricade Rental Estimate cost $ 500.00 Total $2750.00 Estimated total cost for overtime $ 7,030 Estimated total cost for the event $10,065 In addition, staff is requesting that for the August 24~ event on A-1-A City Commission authorize the opening of the public lots at the Marriott, Sandoway and Ingraham until midnight. RECOMMENDATION: Staff recommends approval of the event, granting the temporary use permit, providing staff support with payment to the City for overtime costs exceeding $5,000.00, and allow the Marriott lot, Sandoway lot, and Ingraham lot be left opened until midnight for event parking. RAB:tas File.'u:sweeney/agenda Doc:summer nights 2000 May 30,2000 atla tl¢ MR David T. Harden, City Manager City of Delrey Beach 100 N.W. 1a Avenue Delrey Beach, FL Re: AGENDA ITEM - CITY COMMISSION APPROVAL SPECIAL EVENT REQUEST ~ SUMMER NIGHTS ON THE AVENUE Dear Mr. Barcinski: The City Commission is requested to endorse the Summer Nights on the Avenue program, to grant a temporary use permit per LDR's Section 2.4.6(H) for use of City property and dght of way, and to provide City staff support for barricade ~letup and removal, trash removal and clean up, police secudty and traffic control, stage use, setup and removal, and banner and signage setup and removal. Attached are the dates and locations for the Summer Nights on the Avenue events. This is the sixth year that these events are being proposed by the Joint Venture. The purpose of these events is to bring activity to the Avenue during the Summer r~onths and to bdng in additional customers for our businesses. In past years C~y Cbhtmission has agreed to fund overtime costs up to $5,000. Your consideration of the above request is very much appreciated. Sincerely, MARJORIE FERRER Downtown Coordinator /sk attachment / cc: Robert A. Barcinski J DELRAY BEACH JOINT V~ * Corrmaunity Redevelopment Agency * Delmy Beach Chamber of Commerce * Downta,~ Development Authority 64 S.E. Fiflh Avenue, Dekay Beach, FL 33483 * Tel: 561-279-1384 * 561-278-0555 SUMMER NIGHTS ON TH]E AVENUE SCHEI~ULE FOR 2000 Friday, July 7 Friday, July 14 Street Party, 200, 300, 400 blocks - Atlantic Avenue downtown (street closed 2~i Ave. to 5ta Avenue) Theme: "60 & 70's" Time: 7 -10pm Entertainment: Block Party - Old School Square - Downtown ( no street closure) Theme: "L~fin" Time: 7 - 10pm Entertainment: Los Playeros Friday, July 21 Friday, July 28 Friday, August 18 Thurs, August 24 Block Party - Celebrating Roots - Tennis Center ( no street closure - parking lot only) Theme: "BBQ & Blues" Time: 7 ~ 1Gpm Entertainment:. . Street Party - Pineapple Grove Main Street (street ¢losurfNW 2nd Avenue - 1st St. to 3rd St.) Time: 7- 10pm Entertainment: Street Party - Atlantic Avenue Beachside ( street closure Atlantic Avenue - Gteason St. to Salina Ave.) Theme: "Reggae" Time: 7- 10pm Entertainment: Street PartT - South Ocean Bonlevard - at Atlantic Ave. ( street closure A1A - Atlantic Avenue to Miramar ) Theme: "Beach Party" Time: 7 - 10pm Entertainment: Friday, september 1 Block Party - Atlantic Plaza at the Intracoastai (no street closure) Theme: "J~" Time: 7- 10pm Ente~ainmeot: £1T¥ I ELRI:I¥ BEI:I£H D~LRAY BEACH NI4~tericaC~ FROM: 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 David T. Harden City Manager ~ Robert A. Barcinski Assistant City Manager DATE: June 14, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 20e 2000 SPECIAL EVENT REQUEST - 4th OF JULY CELEBRATION ACTION: City Commission is requested to endorse the 4~ of July Celebration, grant a temporary use permit per LDR's Section 2.4.6 (h) for the closure of Atlantic Avenue from the east side of NE/SE 7~ Avenue to A-1-A and A-1-A from the south side of Thomas Street to the north side of Miramar from 2:00 p.m. to approximately midixight, 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 opened 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 4· of July Celebration is sponsored by the City through the Parks and Recreation Department in partnership with the Joint Venture. The Parks and Recreation Department is responsible for event management, planning and coordination of staff support. The Joint Venture contracts with the fireworks vendor for the display and barge, assists in 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 6:00 a.m. until noon. The fireworks show starts at approximately 9:00 p.m. The rain date for the event is July 5th. Various vendors, as well as, the Marriott and restaurants on A-1-A will be set up along A-l-A, selling food and beverages beginning at approximately 5:00 p.m. The cost of the fireworks display and barge rental is approximately $40,000. The City contributes $40,000 to the Joint Venhtre to help offset the costs of the fireworks display and barge rental. Overtime costs for staff support are approximately $10,000 and are paid for through the City departmental budgets. In addition, barricade rental costs and portable lighting rental costs are about $1,200. The lzfi~dnd value of media support and THE EFFORT ALWAYS MATTERS other event support is approximately $75,000. Liability insurance is assumed by the c ty. 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:sweeney/agen da Doc:4~ ofjuly 2000 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CiT ,NAOER[y AGENDA ITEM ~./-/. - REGULAR MRRTING OF JUNE 20, 2000 CRA APPLICATION TO KRRp PALM BEACH COUNTY BEAUTIFUl,, INC. (BEAUTIFICATION OF WEST ATLANTIC AVENUE) DATE: JUNE 16, 2000 Attached is a request from the Commtmity Redevelopment Agency for Cornrmssion support of the CRA's application to Keep Palm Beach County Beautiful, Inc. (formerly known as Beautiful Palm Beaches, Inc.) for funding of beautification activities for West Atlantic Avenue. The beautification is to include landscape improvements (trees and groundcover) and irrigation for West Atlantic Avenue from Nx~/SW l0th to 12m Avenues. The grant application is being prepared by the CRA and will be submitted by June 30, 2000. The CRA is asking the City to submit a letter endorsing the project, and another providing assurances that the City will provide the maintenance for the project plantings. In addition, if the grant is awarded, Keep Palm Beach County Beautiful will require that the City sign the grant contract. Shelley Treadwell will be present at the meeting to discuss the proposed project m greater detail. Recommend approval of the CRA's request for the City's participation and assistance with the CRA grant apphcation to Keep Palm Beach County Beautiful, Inc. RefiAgmemo 13.C1LA.Beaut. Grant DELRAY BEACH MEMORANDUM RECEIVED JUN 8 oon CITY MANAGER DATE: TO: CC: FROM: RE: June 5, 2000 David T. Harden, City Manager City of Delrey Beach Alison McGregor Harty, City Clerk City of Delray Beach Shelley mraadwell, Consultant~-~'~ Delray Beach Community Redev~li~pment Agency Request for items related to application to Keep Palm Beach County Beautiful, Inc. Request for inclusion on City Commission Agenda fur June 20, 2000 The Delray Reach Community Redevelopment Agency will be submitting an application to Keep Palm Beach County Beautiful, Inc. (KPBCB) formerly known as Beautiful Palm Beaches, Inc. ("BPB") for funding of beautification activities for West Atlantic Avenue on June 30, 2000. Specifically, the application requests funding of landscaping (trees and groundcover) and irrigation for West Atlantic Avenue, from NW/SW 10~ to NWISW 12t~ Avenues. CRA staff has met with City staff to make them aware of the proposed project concept and have incorporated their recommendations into the plan wherever possible. The CRA can apply for funding from Keep Palm Beach County Beautiful, Inc. for 50% of the total cost of the landscaping and irrigation components of the project. As in the past, I anticipate that the CRA will be providing the required match (to be discussed with the CRA Board later this week). The CRA was funded for $33,900 in 1997, $55,000 in 1998, and $68,000 in 1999 and will start improvements from the '97 grant this summer along with our ISTEA grants (As you know, the City Engineering Department will be coordinating these installations). The City is applying for "KPBCB" funding this year from a different, non.competing category for Lake Ida Road. t The CRA is asking the City of Delrey Beach to: Submit a letter endorsing the project, and another providing assurances that the City will provide the maintenance for the project plantings as they did with respect to the CRA's recent applications for ISTEA funding and for last three year's successful Beautiful Palm Beaches/Keep Palm Beach County Beautiful Grant Applications. In addition, if awarded, Keep Palm Beach County Beautiful will require that the Grant Contract be signed by a local government; specifically the City of Delray Beach. I have enclosed sample support letters for your use. I look forward to seeing you and the Commission. Thank you fur your assistance. Attachments 24 North Swinton Avenue, Delray Beach, Florida 33444 561-276-8640 · Fax 561-276-8558 June 20, 2000 Malissa Booth, Executive Director Keep Palm Beach County Beautiful, Inc. 1920 Palm Beach Lakes Blvd., Ste. 210 West Palm Beach, Florida 33409 Dear Ms. Booth: On behalf of the City of Delray Beach, I am writing to extend our support for the Delrey Beach Community Redevelopment Agency's ("CRA") application for funding through Keep Palm Beach County Beautiful, Inc. The CRA has been an important partner in the redevelopment of East Atlantic Avenue and will carry that success over to the redevelopment and beautification of the West Atlantic Corridor, an important state roadway. The CRA's application for trees and irrigation will enhance the identified blocks and create an improved visual impact for both visitors and residents alike. West Atlantic Avenue is the true "Gateway" to our community and beautification will be a catalyst for our redevelopment efforts. Again, please know that we are supportive of the CRA's efforts to achieve outside funding for this project and have already committed to its maintenanca~ In addition, we are willing to sign the grant agreement in the event that the project is approved. Thank you for your assistance in this matter. Sincerely, David T. Harden City Manager June 20, 2000 Malissa Booth, Executive Director Keep Palm Beech County Beautiful, Inc. 1920 Palm Beach Lakes Blvd., Ste. 210 West Palm Beach, Florida 33409 Dear Ms. Booth: The purpose of this letter is to certify that the City of Delray Beach will provide the maintenance of the Keep Palm Beach County Beautiful project submitted by the Delray Beech Community Redevelopment Agency. This project provides for the enhancement of the project area on West Atlantic with tree beautification and irrigation improvements. The City has agreed to maintain the plantings in perpetuity. Thank you for your assistance in this matter. Sincerely, David T. Harden City Manager MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS AGENDA ITEM tr. _7... REGULAR MEETING OF JUNE 20, 2000 DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE DATE: JUNE 16, 2000 The 74m Annual Conference of the Florida League of Cities will be held at the Broward County Convention Center in Fort Lauderdale on August 10-12, 2000. The League encourages each member city to send as many delegates as possible to the conference, and also requests that each city designate one of its officials to cast votes at the annual business session. League by-laws require that each city select oneperson to serve as the city's voting delegate. Last year Mayor Schmidt was selected as the voting delegate. Either the Mayor, any one of the Comrmssioners, or the City Manager may be designated to serve in this capacity. Recommend designation of a voting delegate to cast votes on behalf of Delray Beach at the annual business session of the Florida League of Cities. RefiAgmemo 14.FLC.VotingDelegate.2000 [IT¥ OF DELRFI¥ BEFiCH DELRAY BEACH AII-AmedcaCJty 1993 CITY CLERK 100 N,W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 July 3, 2000 Ms. Gail Dennard Florida League of Cities, Inc. P.O. Box 1757 Tallahassee, FL 32302-1757 Re: Designation of Votin~ Delegate Dear Ms. Dennard: Please be advised that Vice-Mayor Patricia Archer has been selected by the Delray Beach City Commission to serve as thc City's voting delegate at the 74th Annual Conference of the Florida League of Cities, Inc., to bc held August 10-12, 2000, in Fort Lauderdale, Florida. Should you have any questions, please do not hesitate to contact me at 561/243-7050. Sincerely, Alison MacGregor I{arty City Clerk A_MH/m Enclosure Copy: Mayor & Commissioners David T. Harden, City Manager THE EFFORT ALWAYS MATTERS 74th Annual Conference Florida League of Cities, Inc. August 10-12, 2000 Fort Lauderdale, Florida It is importaht that each member city sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each city select one person to serve as the city's voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: Vice-Mayor City of' Delray Beach Patricia Archer AUTHORIZED BY: Sallie David W. Schmidt, Mayor on behalf of the Delray Beach City Commission Mayor, City of Delray Beach Title Return this form to: Gall Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Or Fax to Gail Dennard at (850) 222-3806 [ITY OF I)ELA;lY BERrH DE[RAY BEACH Ali-America City 19% 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 561/243~7000 June 19, 2000 David Schmidt, Mayor Alison Harry, City Clerk City of Delray Beach Dear Mayor and City Clerk: Unfortunately my schedule will require me to be out of town during the City Commission Meeting scheduled for June 20, 2000. One of the items on the agenda is the Annual Conference of the Florida League of Cities. They are requesting that each city designate one of its officials to cast votes at the annual business session. As I am planning on attending the conference I would be willing to be designated as the voting delegate for our City. Sincerely, Patricia Archer Vice Mayor PA/dr U:rangel/archer Fla league of cities delegation Ih' THE EFFORT ALWAYS MATTERS FLORIDA LEAGUE OF ClTIES INC. Memorandum TO: City Managers/City Clerks ~ I:II~C~IV~D FROM: Michael Sittig, Executive Directory'S'I JUN Oq 9atilt CITY DATE: June 1, 2000 SUBJECT: 74th Annual Conference - Florida's Cities evolve-emerge-imagine VOTING DELEGATE AND RESOLUTION INFORMATION August 10-12, 2000 - Broward County Convention Center As you know, the Florida League of Cities' Annual Conference will be held at the Broward County Convention Center in Fort Lauderdale on August 10-12. This year's theme, Florida Cities evolve-emerge-imagine, will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each city designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting· One official from each city will make decisions that determine the direction of the League· Registration materials have already been sent to each city. Call us if you need more. We have attached the procedures your city should follow for presenting resolutions to the League membership. Resolutions must be received by the League no later than July 10, 2000. Should you have any questions or need additional information, please feel free to call Allison Payne or Kelvin Robinson at Suncom 278-5331 or 1-800-342-8112. MS:bcs Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolutions 301 South Bronough Street · Post Office Box 1757, Tallahassee, FL 32302-1757 Telephone (850) 222-9684 · Suncom 278-5331 · Fax (850) 222-3806 * Internet: http://fcn.state.fl.us/flc/ Procedures for Submitting Resolutions 74th Annual Conference Florida League of Cities, Inc. August 10-12, 2000 Fort Lauderdale, Florida In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) (2) (3) (4) (5) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30 days pr/or to the first day of the annual conference. Proposed resolution will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolution Committee at least 15 days prior to the first day of the annual conference. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolution Committee at the conference; however, all state legislative issues will be by the standing policy committees and the Legislative Committee prior to the membership at the annual Legislative Conference each fall. At that time, a state Legislative Policy Statement will be adopted. Cities unable to formally adopt a resolution 30 days prior to the first day of the conference may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. IMPORTANT DATES May 26 Notice to Local League Presidents and Municipal Associations Requesting Nominees to the Resolutions Committee July 24 Resolutions Mailed to Resolutions Committee 07/05/00 WED 10:05 FAX 561 243 3774 CITY CLERK ~001 *** TX REPORT *** TRANSMISSION OK TX/RX NO 2685 CONNECTION TEL 918502223806 CONNECTION ID ST. TIME 07/05 10:04 USAGE T 01'16 PGS. SENT 3 RESULT OK FAX CITY CLERK'S OFFICE CITY OF DELRAY BEACH t00 N,W, 1't Ave Delray Beach FL 33444 Tel (561)243-7050 - Fax (56t)243-3774 3993 TO: FROM: OUR FAX FAX~O~mER (850) 222-$806 DIKECT PHONE LINE (561)845-7059 [] U~ent TOTAL NUMBER OF PAGES (including cover sheet) ~ [] For Review I-I Please Comment [] Please Reply [] Please Recycle MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~( AGENDA ITEM C~ ~7' . REGULAR MI~.F. TING OF JUNE 20, 2000 FLORIDA MUNICIPAL INSURANCE TRUST (FMIT) - TRUST~.~. NOMINATIONS DATE: JUNE 16, 2000 This item was tabled at the June 6m meeting for additional information. The FMIT Board consists of 15 members. All members are equal, including the Chatrman and the Vice Cham'nan. The Trust currently represents 283 local governments throughout the state. There is one vacancy on the board that will be ill/ed by election in September 2000. Nominations have been solicited from municipalities participating in this self-insurance program. Trustees must be elected officials from municipalities that are members of the FMIT. Trustees may serve no more than two (2) full consecutive three-year terms and may continue to serve only so long as they remain an elected official from the member from which they were selected and so long as the member continues to participate in the FMIT. Hence, the seat would be lost if a member were no longer on the City Commission or if the City opted to discontinue its membership in the FMIT. The seat would then default back to the FMIT for further nominations. As previously reported, the FMIT Board of Trustees meets on a quarterly basis. One of the meetings is held in Daytona, one in Miami, and one in Key West. The Board members select the location for the remaining meeting. Meetings mn all day on a Friday and most of the day on Saturday, with the next one scheduled to be held on September 22"d & 23'd. If any of the ComSmssion members is interested in having their name placed in nomination, staff will prepare the appropriate package and fomrard it to the Florida League of Cities. RefiAgmemol 0.FMIT Board of Trustees.2 Memorandum DATE: TO: FROM: LEAGUE OF CITIES INC. PUBLIC RISK SERVICES May 25, 2000 Members Florida Municipal Insurance Trust The Administrator Trustee Nominations CITy MA NA GER The Florida Municipal Insurance Trust (the FMIT) is a pooled self-insurance program, whose membership consists of local governments. The FMIT provides liability, workers' compensation, property, and health coverages to its membership. The FMIT's Board of Trustees oversee the FMIT's operations. The purpose of this letter is to solicit nominations for election to the Board. At its' meeting on May 12, 2000 the Board of Trustees of the FMIT elected to re-solicit nominations for filling vacancies on the Board. The FMIT's governing documents provide the Board, at least annually, shall solicit nominations from municipalities that are members of the FMIT and such nominees shall constitute the basis for election to the Board. Following the solicitation of nominations, Trustee vacancies are filled by the Board, by a majority vote, from the nominees offered by the members. The FMIT's governing documents further provide that Trustees must be elected officials from municipalities that are members of the FMIT. Trustees may serve no more than two full consecutive three-year terms and may continue to serve only so long as they remain an elected official from the member from which they were selected and so long as the member continues to participate in the FMIT. .4s nominations must come from municipalities, your letter of nomination should reflectthatyourtnunicipality'sgoverningbodyhasendorsedthenontinee. In addition, please include a resume or a biographical sketch reflecting the nominee's background and qualifications to serve. Should you wish to submit a nomination to the Board, please complete the enclosed nomination form and return it to the Florida League of Cities, Inc., Orlando office, to the attention of Natalie Arrowsmith, no later than July 7, 2000. Thank you. Post Office Box 530065 + Orlando, FL 32853-0065 + 407-425-9142 + Suncom 344-6767 + Fax 407-425-9378 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # 6]/~ REGULAR MEETING OF JUNE 20, 2000 APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY DATE: JUNE 16, 2000 Marc deBaptiste's term on the Community Redevelopment Agency will expire on July 1, 2000. Mr. deBaptiste was appointed in June 1992 and reappointed in June 1996. He has served two complete four-year terms and is not eligible for reappointment. The term of office is for four years, beginning July 1, 2000 and ending July 1, 2004. Per statute, any person may be appointed as a CRA comrmssioner if he or she resides in or is engaged in business (which means owning a business, practicing a profession or perforrmng a service for compensation, or serving as an officer or director of a corporation or other business entity) within the area of the agency xvhich is coterminous xvith the municipality and is otherwise eligible for such appointment. The City Attorney has determined that anyone who resides within the City limits is eligible for appointment. A person cannot hold any other public office other than Ns/her commissionership or office with respect to the Community Redevelopment Agency. The following people have submitted their application for review and consideration: Thomas F. Carney (currently on the Dekay Beach Housing Authority) Scott B. Christensen Deborah D. Dowd Gary P. Eliopoulos (currently on Planning & Zoning, term expires on 8/31/00, not eligible for reappointment ) Anne M. Gannon Brenda B. Montague Richard A. McGloin Josh Smith, Jr. (currently serving as an alternate on the Code Enforcement Board) Nancy J. Stewart Kevin P. Warner Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Mayor Schmidt (Seat #5). Recommend appointment of a member to the Community Redevelopment Agency for a four year term ending July 1, 2004. boardcommission.rnemo.cr a.6.20.00 ~ll.~m~,,l~ Ct~ 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or information: _ City Slate 4. ~ Ad~: you ~ cunentl~ se~ing or have pmviousl~ s~: (Pl~e include dates) , Code Zip Code Code 9. LisLany related professional certifications and licenses which you hold: 10. Give your presell.t, q[ most rer4al employer, an~posiljon: i I. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please at.ch a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of an ,y~, poln~nt~y receive. SI~flq'~TUILE-- . v DATE "ot~: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitied. I! will be the applicant's responsibi~~ current application is on file. MAR 0 ? 2000 "~'=~'"~'~'~ CiTY CLERK Brenda B. Montague 2948 SW 22~ Circle, Apt 5C Delray Beach, Florida 33445 S61-272-O2~7-11m ~61=278-3388; 561-243-632~Wk 561-279-9616-FAX As a principal of Caddutomation Services, Brenda Montague has served as an integral participant in the ever-growing arena of CAD management consultants. Along with her business partner and husband Rod, Brenda has also successfully raised two children. Their daughter graduated from Harvard University and Harvard Law School, and presently practices family law with Greater Boston Legal Services in Boston, Massachusetts. Their son, upon completing his undergraduate degree at Wesleyan University, is attending Columbia University as a history Doctoral candidate under a five- year meritorious fellowship. With her professional experience in the field of Computer Aided Design Management services, as a Florida State licensed real estate professional and with an educational background in business management and speech communications, Brenda has proven to be an asset for a number of causes in Palm Beach County. Her persistence and sense of fairness has allowed her to succeed in her goals and slaqve for the dreams of others. Experience Principal, CAD,4utornation Services Serve as Marketing Director for Computer Aided Design Management firm, specializing in consulting with engineering firms interested in increasing the performance and productivity levels of their design and drafting depmhnents. Florida State Realtor Registered with Coldwell Banker Residential Real Estate, Inc., Delmy Beach, FL Professional Model Contracts with Runways, Inc. and Michelle Pommier Model Agencies, Miami Beach, FL Runway model with internationally known designers and department stores. Work in print and commercial media in magazines, newspapers and commercials. Work in radio, film and television. Community Have served as volunteer with several comm~mity organizations Saint Paul's Episcopal Church, Delray Beach, FL; Member of Community Racial Dialogue Committee Saint Andrew's School, Boca Raton, FL; Member of Board of Trustees, Chair of Education Committee, Founder, Multicultural Education Steering Committee Florence Fuller Child Development Center, Boca Raton, FL; Member of Board of Directors, Vice President of Board Children's Science Explorium3 Boca PaWn, FL: Member of Board of Directors, Past President of Board Board Marketplace, Leadership Palm Beach County, West Palm Beach, FL; Member of Board of Directors MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~,d~ AGENDA ITEM # C~/~ REGULAR MEETING OF IUNE 20, 2000 APPOINTMENTS TO THE DOWNTOWN DEVEL(SPMENT AUTHORITY DATE: JUNE 16, 2000 The terms for Jon Levinson and Robert W. Griek will expire on July 1, 2000. Mr. Levinson was appointed to his initial term on July 1, 1997. Mr. Griek was appointed December 7, 1999 to fill an unexpired term. Both are eligible and would like to be considered for reappointment. Attendance records are attached. The term is for three (3) years, beginning July 1, 2000 and ending July 1, 2003. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four of the members must be owners of realty within the downtoxvn area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or ora lessee thereof so required to pay taxes thereon. Currendy serving on the DDA and meeting ownership and tax payment qualifications are Mrs. Ellis, Ms. Heard, Mr. Wheat, Mr. Wideman and Mr. Griek. The following have submitted applications for consideration: Ron Brito Robert W. Griek Jon Levinson Kenneth G. Peltzie (incumbent) (incumbent) A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner Perlman (Seat #1) and Commissioner Archer (Seat #2). Recommend appointment of two (2) members to the Downtown Development Authority for three (3) year terms endingJuly 1, 2003. £1T¥ OF DELHR¥ BER£H DELRAY B~ACH AII4mtericaCity 993 June 19, 2000 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 · 561/243-7000 David Schmidt, Mayor Alison Hare/, City Clerk City of Delray Beach Dear Mayor and City Clerk: Unfortunately my schedule will require me to be out of town during the City Commission meeting scheduled for June 20, 2000. So that the appointment to the Downtown Development Authority will not be held up due to my absence, I am forwarding this letter with my recommendation and nomination for that appointment. I recommend the reappointment of Mr. Robert W. Griek, who was originally appointed to fill an unexpired term in December of 1999. With this appointment, he will be serving a full three-year term, and has expressed his desire to continue to serve. I am sure he will do so admirably. My purpose in forwarding this nomination in writing during my absence is to avoid a lapse in membership by delaying my recommendation to the Commission. Would you please read this letter into the Commission record, and if the commissioners approve, accept my nomination and proceed accordingly. Sincerely, Patricia Archer Vice Mayor PA/dr U:rangel/archer Griek Itt reappointment THE EFFORT ALWAYS MATTERS 05/15/00 MON 16:25 F~X $6X 245 ~774 GITY CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~1002 Ptcasc ty~c o~ print thc foUowLug bffum~afiom 1. Last Nam¢ii Name '" 2. Homc Address: - 3. Leg~ R~den~ Ci~ Stye Zip C~ 4: ~cip~ B~css A~ss: Ci~ S~ .... Zip Co~ 5. So. Phone: S~i~ ~2z-~)q9 ~- 7. ListaliCityBo~onwhich~u~cu~tly~mg~havep~ously~:(PIe~aincludedat~) 8, ~ucation~ qu~cations: / ]0. Giv= yo~ p~ or m~t ~nt ~nplo~. ~d pos~ion: I he.by ce~/O that al/the above statemen~ am ~ and % agree and unde~tand ~at any miss~tement of material ~ contain~ In this appll~tion may ~use ~ltu~ upon my pa~ of ~y ~ .tment I may ~eive. No~: ~is a~ ~c~on ~ ~w~n on ~e h ~ Ci~ Cl~k's 0~ for a submitted, h will be the applicant's ~csponsibility to c~uxe that a current application is on file. RECEIVED HAY 1 7 2000 OITY C.~E R K JON R. LEVINSON 943 Evergreen Drive, Delray Beach, Florida 33483 Residence: (561) 272-0~49 Office: (561) 243-2690 SUMMARY: A professional with entreprenem~al abilities possessing 28 years of diversified business experience with a wide variety of skills and talents ranging from providing outstanding customer service and a dedication to employee development and performance to long and short range planning. Excellem technical and admimstrative skills in finance, accounting, sales and marketing, organizational development, negotiating techniques, community and governmental relatious and the ability to plan and implement comprehensive programs. KNOWLEDGE, SIOLLS AND A]IILITI~$: Administrative/Management o Restructured staffs creating more decentralized site based decision making. Flattened organization chart. Enhanced customer satisfaction thru line personnel involvement. o Managedaworkforeeof400. Annual revenues of$35 million. o Initiated strategic planning. o Created business plans. o Planned, organized, and executed several capital expausion/refurb plans in excess of $6 million. o Engineered turnaround of several businesses including SCI and Engineered Air. Operations o Created original company manuals and forms for Employment, Personnel Administration, Purchasing, Emergency Response, Accounting Procedures, Filing and Storage. o Directed all legal and insurance issues. o Personally developed on site property maintenance programs. o Researched and purchased large and small telephone systems, computers, and all types of office equipment and support. Sales, Marketing, Promotion o Innovated a corporate culture in which everyone felt responsible for marketing. o Created advertising programs, media schedules and annual marketing plans. o Participated in selling on a regular basis. Created focus groups and surveys to identify customers' needs and desires. o Trained sales and marketing staff. Established sub-markering departments (i.e., Group Sales, Tclemarketing). o Served on National Marketing conumttee setting policy for the Holiday Inn System. Worked with Coke, American Express, Hertz, etc. to establish partnership programs. Worked closely with several of America's largest advertising and marketing agencies. Financial Management o Supervised accounting staff of 20. o Established tax policies. o Implemented computerized accounting systems. o Developed Zero Based Budgeting programs. o Created financial raodals for ongoing coraparisous. Quality Assurance o Created standards for customer service and instituted Quality Circle committees. o Achieved "Top 20" Award from Holiday Inn. o One of only 7 Holiday Inn hotels to have received no complaints in 15 months. o One of only 30 Holiday Inn hotels to be rated "Superior" for 5 consecutive years. .qegotiations o Negotiated several workout arrangements with lenders, landlords, franchisers, vendors and customer. o Worked with unions on an ongoing basis and at contract renewal. o Frequent contact made with all levels of government and elected officials. Ion 1~ Levinson Page Two Human Resources o Designed and implemented regular orientation programs for all levels of employees. o Implemented various professional development programn and mandato~ upper management skills certification. Instituted employee empuwerment systems. o Began Adopt-A-School programs to assist in employee community involvement. o Devised wage and sala~ and performance review programs. o Invented a computerized database of job applicants. Technology o Implemented technological enhancements, including evep/thing from PC's and Voice Mail to specific items of Telephone Call Accounting, Point of Sale Terminals, Property Mana§ement Systems, and Energy Management Systems. o Personally created computerized budgets, financial modeling and databases for various needs. o Possess full knowledge of Microsoft Office, Lotus 123, ACT, WinFax, Yardi, Windows and many other program~ Creativity and Communications o Prepared feasibility studies and product development plans for new businesses and individual departments. Write creatively. o Responsible for all media relations. o Frequent speaker on business and education issues to large and small groups, (i.e., thc Florida Literacy Conference, Florida Board of Community Colleges, Florida Board of Regents, Florida Small Business Development Center, and the Florida Education Association/United Annual Meeting). PROFESSIONAL EXPERIENCE: SERVICE CORPORATION INTERNATIONAL, INC., Pompano Beach, Florida 1998 - 1999 Area Vice President SCI, a $3 billion NYSE company, is the world's largest provider of Death Care services. I was responsible for all of Broward and part of Mianu-Dade Counties encompasing 17 Funeral Homes, 4 Cemeteries and a Crematov/. Brand names included Rivcrside-Gurdon, Menorah, Forest Lawn, Baird Case/Jordan Fannin and others. Sales volumes wcm $35 million, staffing levels exceeded 300. Year over year net income for the first four months of 1999 improved by 128% and was 122% over budget. REL REALTY, Delray Beach, Florida 1993 - 1998 President/Broker Specialize in brokerage of hotel properties throughout the United States, using extensive network of contacts. ItEL ENTERPRISES, INC., Dclmy Beach, Florida 1982 - Present President REL activities include consulting and business development services to companies interested in growing their governmental business, real estate development and managumant of office, warehouses and shopping centers. Until August, 1991, REL was the Owner and Operator of the Holiday Inn Fort Landerdale West, a 259 room commercial hotel, the Sheraton of Boca Raton, a 193 room upscalc business hotel, and the Holiday Inn Pompano Beach, a 133 room hotel directly on the beach. ENGINEERED AIR CORP., Fort Lauder&de, Florida 1977 - 1990 Owner Owner and license holder of the company, a 15 person commercial air conditioning service business with sales of approximately $1 million annually which served Dude, Broward and Palm Beach counties. As license holder, often worked in the field repairing customers' equipment. LANDMARK BANKING CORP., Fort Lauderdale, Florida VISUAL GRAPHICS CORP., Tamarac, Florida SAN'FORD INDUSTRIES, Pompano Beach, Florida HAROLD LAWLOR, CPA, Pompano Beach, Florida EDUCATION: B.S. Degree - ACCOunting, Jacksonville University, Jacksonville, Florida, 1971 Jon. IL Levinson Page Three COMMUNITY SERVIC~ AND PROFESSIONAL INVOLVEMENT: Some current and past affiliations: · Chairman of the Board, Museum of Disoovery and Scienee · Member Defray Beach Downtown Developmant Authority · Chairman Delray Beach Board of Adjustment · Member Board of Governors - Delray Medical Center · Member Boca Ratun Vision 2002 Steering Committee · Member Florida Atlantic University - College of Education, Advisory Committee · Florida Council for Education and Employment of Women and Girls · Chairman, Education Committee Governors Select Counmttee Workforee 2000 · Co-Chair Workforee ComnUttee and Member Governors Education Summit · Palm Beach County Schools Strategic Planning Committee · Chairman Leadership Broward IV · Board and former officer Fort Lauderdale Chamber of Commerce · Advisory Board Broward Community College and Nova University Hospitality Schools · Community Advisory Council Junior League of Fort Lauderdale · Board of Junior Achievement · Leadership Florida Aiunmi · Board Member and Committee Chair International Association of Holiday Inns · Florida Hotel/Motel Association · Broward and Palm Beach Hotel Associations · Florida Division of Tourism - Various Roles · Broward and Palm Beach Convention and Visitors Bureaus · Florida Air Conditioning Contractors Association International Association Hnspilality Accountants · National Association of Accountants LICENSES: · Florida Class A Air Conditioning License · Florida Real Eslate Broker License PERSONAL: 'o Married with three daughu.~rs o Delray Beach, Florida resident, 20 years o Palm Beach County, Florida resident~ 28 years JON R. LEVINSON Residence: 943 Evergreen Drive, Delray Beach, Florida 33483 (~61) 272-0349 Office: 2915 South Federal Hwy., Suite D-2, Delray Beach, Florida 33483 (561) 243-2690 POLITICAL APPOINTMENTS: Vice-Chair, City of Delray Beach Downtown Development Authority 1997-Present Chairman and Member - City of Dolray Beach Board of Adjustment 1990-1994 Member Florida Division of Tourism Advisory Council - Hospitality Committee 1988-1991 Member Florida Council for Education and Employment of Women and Girls 1988-1993 Member Florida Governor's Education Summit - November 1989 Co-Chair Workforee Work Group Florida Governor's Education Summit Member of the Governor's Select Committee - Florida Workforee 2000 1988-1990 Chairman, Education Sub Commiqee of the Governor's Select Committee - Florida Workforee 2000 Member Governor's Florida High Tech and Industry Council ConuniCtee on Vocational Education 1988-1990 PRESENT CMC & PROFESSIONAL AFFILIATIONS Member Board of Governors - Delray Community Hospital Member Board of Di~ctors - Pineapple Grove Main Street Member Defray Beach Vohinteer Marine Patrol Chairman, Board of Directors - Museum of Discovery and Science Member Community Advisory Board of Directors - Leadership Broward Member FAU College of Education Advisory Board Member Leadership Florida Alumni Listed in "Who's Who m the South and Southwest" Lis~d in "Outstanding Young Men in America" PAST CMC & PROFESSIONAL AFFILIATIONS Member Board of Directors, International Association of Holiday Inns, Inc. Chairman and Member of International Association of Holiday Inns, INN-PAC Political Action Committee Chairman International Association of Holiday Inns Audit and Administration Counmttee Member of In~rnational Association of Holiday Inns, Marketing & Advertising National Committee Chairman International Association of Holiday Inns, Southern Regional Committee Co-Chairman of International Association of Holiday Inns, Southeast Regional Committee. Chairman of International Association of Holiday Inns Hotel Marketing Association Presidents Council President of Holiday Inns of Florida Hotel Marketing Association Vice President of Holiday Inns of Florida Hotel Marketing Association Secretaryfl'reasurer of Holiday Inns of Florida Hotel Marketing Association Member, Board of Directors of Holiday Inns of Florida Hotel Marketing Association Member of Flotida Hotel & Motel Association Governmental Affairs Committee Member Broward Commuuity College Hospitality School Advisory Committee Member Nova University Hospitality School Advisory Committee Member of Board of Trustees of Greater Ft. Lauderdale Chamber of Commerce Vice President of Tourism, Conventions & Recreation of Greater Ft. Lauderdale Chamber of Commerce Member of Tourism/Convention Task Force of Greater Ft. Lauderdale Chamber of Commerce Chairman, Education Task Force of Greater Ft. Lauderdaie Chamber of Commerce Finance Chairman of Board of Trustees of Greater Ft. Lauderdale Chamber of Commerce --Political Action Committee Member of Execntive CommiRee of Greater Ft. Lauderdale Chamber of Conunerce Treasurer of Greater Ft. Landerdale Chamber of Commerce Chairman, West Bmward Division of Greater Ft. Lauderdale Chamber of Commerce Vice President, Area Councils, Grea~r Ft. Lauderdale Chamber of Commerce Chairman of Consumer Services Task Force, Greater Ft. Lauderdale Chamber of Commerce Member of Long Range Planning Committee, Greater Ft. Lauderdale Chamber of Commerce Member of Reacerediation Commattee, Greater Ft. Lauderdale Chamber of Commerce Member of Board of Directors, DEL-PAC - Delmy Business Leaders Political Action Committee Member of Bhie Ribbon Panel - Ft. Lauderdale Airport Courtesy Project Lecturer - Florida Small Business Development Center Member of Board of Directors - American Cancer Society Chairman, Individual Gilis Conumttee - American Cancer Society Member Palm Beach County Schools, Strategic Planning Committee Graduate of Leadership Florida Vll 1988-1989 Chairman of Leadership Bmward IV Co-Chairman of Leadership Bmward Ill Member of Board of Directors of Junior Achievement Member of Sumor Achievement Project Business Advisory Board Consultant - Junior Achievement Project Business Member of Executive Committee Member of Jr. Ambassadors Advisory Committee, Bmward County School Board Chairman Museum of Discovery and Science Programs and Exhibits Committee Member Museum of Discovery and Science New Building Steering Conumttee Treasurer of The Discovery Center Chairman, Discovery Cen~r - Marketing Committee and Visitor Sentices Committee Member of Junior League of Ft. Lauderdale - Commumty Advisory Council Member Temple Beth El Opemtious Committee Member Temple Beth El Long Range Planning Committee Member of Board of Directors of Commerce Club of Ft. Lauderdale Chairman of Board of Directors of Commerce Club of Ft. Lauderdale President of Commerce Club of Ft. Lauderdale Member of Boca Raton Jaycee's President of Boca Raton Youth BasebalL~Soitball Association President of Boca Village Homeowner's Association Member Boca Vision 2002 Steering Committee Co-Chair Education Sub Group Boca Vision 2002 Chairman, Education Counci'l of Unity School, Delray Beach, FL Treasurer of Unity School Endowment Fund of Unity School, Delray Beach, FL Member of International Association of Hospitality Accountants Director of National Association of Accountants Member of National Association of Accountants Jon R. Levinson Page Two 4~ITY OF DELRAY BEACH BOARD MEMBER APPLICATION MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM # qff~ REGULAR MEETING OF JUNE 20. 2000 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY DATE: JUNE 16, 2000 The term for Herman Green will expire on July 14, 2000. Mr. Green was appointed in July of 1997 to complete an unexpired term. He is eligible for reappointment and would like to be considered. Attendance records are attached. The term is for four (4) years, beginning July 14, 2000 and ending July 14, 2004. Per statute, an appointee may not be an officer of the City. Further, each housing authority must have at least one member who is a resident, current in rent, of the housing project or a person of low or very low income who resides within the housing authority's jurisdiction and is receiving rent subsidy through a program administered by the authority. There is a resident member currently serving on the Delray Beach Housing Authority. The following have submitted applications and would like to be considered: Edward C. Desmond Herman Green (incumbent) Jeanette Slavin Pursuant to Commission direction a check for outstanding liens and/or code violations was conducted. None were found. According to Florida Statutes, members are appointed by the Mayor and ratified by the City Commission. However, by prior consensus of the City Commission, each Commissioner, on an informal basis and according to the rotation procedure, makes a recommendation to the Mayor as to Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Commissioner Archer (Seat # 2), subject to acceptance by Mayor Sehmidt. Recommend appointment ora regular member to the Delray Beach Housing Authority to a four (4) year term ending July 14, 2004. [ITY I)F I)ELAI:IY BEI:I£H DELRAY BEACH Afl-America C~ 1993 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 561/243-7000 14, 2000 Mayor David Schmidt Alison MacGregor Harry, City Clerk City of Delray Beach 100 N.W. ]st Avenue Delray Beach, Florida 33444 Dear Mayor and City Clerk: Since I will De out of town during the City Commission Meeting scheduled for June 20, 2000, I am forwarding this letter with my recommendation and nomination for an appointment to the Delray Beach Housing Authority. I recommend the reappointment of Mr. Herman Green, as he has served the Housing Authority well in his present term and has expressed the desire to continue to serve. My purpose in forwarding this nomination in writing during my absence is to avoid a lapse in membership and participation on the Housing Authority due to postponement on my behalf. Would you please read this letter into the Commission record, and if the Commissioners so desire, accept my nomination and proceed accordingly. Sincerely, Patricia Langley Archer Vice Mayor cc: David Harden, CityManager U:RANGEIdARCHER Housing Authority Appointment THE EFFORT ALWAYS MATTERS D'EI. RA¥ BEACH 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 1. Last Name:: Name Middle Initial 2. Home Address: City State Zip Code 16870 Silver Oak Circle . Delray Beach FL 33445 3. Legal Residence City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: 499-7223 Business Phone: I Fax: 6. What Board(s) are you interested in serving? Delray Beach Housing Authority 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) Delray Beach Housing Authority 7/97 to present 8. Educational qualifications: 9. List any related professional certifications and licenses which you hold: 10. Give your present, or most recent employer, and position: Gannett Corporation - Vice President, New Jeraey Operations. Retired 1986. l I. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) My business background, especially in financial matters~ my ability.to organize direct and follow through on plans approved by the Board and the knowledge I have gained working these past years with the children at Carver Estates through the "I Have a Dream" Foundation. I hereby certify that all the above statements are true, and I agree and understand that any m/sstaternent of mater/a/facts conta/ned /n th/s appl/cat/on may cause forfeiture upon my part ~m~y receive' r3EcElvED ~ SIGJ~f'ATURE ~ / JUN 0 2 2000 '~ DATE ~ CITY CLERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. RESUME Personal= Born Newark, N.J. May 8, 1918 Married 54 years - 2 Children - 3 grandchildren Education: Newark School System - Elementary and High School Newark University (now Rutgers U ) - 2 years American Management Institute . Young president~s Course Military= U.S. Army / 1942 - 1946 Honorable Discharge . 1st Sgt. 36 Nonths Overseas Duty Business Organizational Experience: Experience: Joined United Advertising Corp. in 1946 as Manager Sign DiviSion. Promoted to Vice Pres. Operations, Elected to Board of Directors, Appointed Exe~ a~d Elected Prestdent/CE~ 4- .~ ..... t V.P. .... . v .. ,~/z. ~ormuzaced end paannea One sale of the Corporation in 19~9 to the Gannett Corp. one of the leaders in today s media. Remained as Vice President with Gannett until 1986 and during this time was part of the group to organize U.S.A. Today, a most sUccessful newspaper. Director - Greater Newark Chamber of Commerce Director . Security National Bank - Newark Director - Clara Maass Nospttal -Bellevtlle Chairman - Outdoor Advertising Assn. of Amer. President . Natl. Electric Sign association Director . Traffic Audit Bureau Director - United Negro College Fund Director - The Advertising Council Member - Voter Registration Advisory Council to Governor Brendan Byrne. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~/~4~ AGENDA ITEM #9. ]x/. REGULAR MEETING OF JUNE 20, 2000 APPOINTMENTS TO THE CIVIL SERVICE BOARD DATE: JUNE 16, 2000 The terms for Donald Allgrove and John Tallentize (regular members) and Murray Gold (alternate member) on the Civil Service Board will expire on July 1, 2000. Mr. Allgrove was appointed to his initial term in July 1996. Mr. Tallentire was appointed as a regular member in September 1996 to fill an unexpired term. Mr. Gold was appointed as an alternate member in May 1999 to fill an unexpired term. They are all eligible and would like to be considered for reappointment. The term is for two years, ending July 1, 2002. Attendance records are attached. Per Susan Ruby, City Attorney, the Civil Service Act does not place limitations on terms. According to the Civil Service Act, there are to be five regular members on the Civil Service Board; three of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City CommXssion. Eligible City employees elect two regular members. In addition, there are two alternate members. The appointee need not be a resident, property owner or business owner within the City. The following persons have submitted applications for consideration: Donald Ailgrove June Ann Fox Murray Gold Melvin E. Hirth John R. Tallentire Moms Weintraub (incumbent) (altemate) (incumbent) Pursuant to Comtrassion direction, a check for possible code violations and municipal liens was conducted. None were found. Based on the rotation system, the appointments will be made by Cornnmssioner Schwartz (Seat #3) for a regular member, Commissioner McCarthy (Seat #4) for a regular member, and Mayor Schmidt (Seat ~5) for the alternate member. Recommend appointment of two (2) regular members and one (1) alternate member to the Civil Service Board for two (2) year terms ending July 1, 2002. DEtRAY BE:ACH ,--~'/7~ ~) ~---- 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 1. Last Name:: All'rove Name Middle Initial Donald C. 2. Home Address: City State Zip Code 1090 N. W. 19th Terrace Delray Beach FL 33445 3. Legal Residence City State Zip Code 4. Principa! Business Address: City State Zip Code 5. Home Phone: 274-3542 Business Phone: I Fax: 6. What Board(s) are you interested in serving? Civil Service Board 7. List all City Boards on which you are cui,~,,ily serving or have previously served: (Please include dates) Education Board, Civil Service Board 6/96 to present 8: Educational qualifications: B.S. and M.S. 9. List any related professional certifications and licenses which you hold: 10. Give your present, or most recent employer, and position: County of Suffolk, L. I. N. Y. Legislator - Deputy Presiding Officer 1. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) Served on Public Service Commission, also Public Works Comm~mslon, In education - was a teacher and principal for 32 years. I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this aDJ2Jdcation may cause forfeiture upon my part of any appointm~pt/~/~ay receive. RECEIVED · HAY 18 2000S]ONATURE X,'4`-- u// ! DATE b CITY CLERK Note: This alanlication will rPmnin an fll~ ;n *l~,~, 0;~,. t~lA--l.'-- ,~X'~- ty Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION e following information: TALLENTIRE 2. omc Addn~ss: - 11 N. E. 6TH STREET 3. gal Re. si ence - 5. omeP ac:(561 276-5333 ' DELRAY BEACH FL 3344~ CIVIL SERVICE BOARD_ I . we ),out I~"sent, or mos~ recent emp oyer. an pomt~on: ~ ~/. ri 0 ~'e'~,~ c.,~' ~. *~' ~'~- t.-- oec-b il. ~ ' subm,tted. It wdl be the applicant's responmbdlty to ensure that a current application is on file. DEI.RAY BEACH CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. Last Name:: Name Middle Initial Gold Hurray 2. Home Address: City State Zip Code 13759 A Date Palm Court Delray Beach FL 33484 3. Legal Residence City State Zip Code 4. Principal Business Address: City State Zip Code N/A 5. Home Phone: 495-5426 Business Phone: I Fax: 6. What Board(s) are you interested in serving? Civil Service Board 7. List all City Boards on which you are currently serving or have previously served: (Please include dates)5/99 Board of Construction Appeals 8/94 - 8/98 / Alternate - Civil Service Board - prt 8. Educational qualifications: Graduate of Brooklyn Law School - admitted to the Bar of the State of New York in 1952 until retirement. 9. List any related professional ce, fifications and licenses which you hold: Licensed in the State of New York from 1952 until Dee. 1989 to practice law. ]0. Give your present, or most recent employer, and position: General Counsel to Blue Ridge Farms, Inc. - 1982 - 1989 '"} 1. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) From 1946 until retirement in 1965 I was a New York City Police Officer. I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this app. lication may cause forfeiture upon my part -of-- 2y. ppointmentlmayre/ve. RECEIVED__ ' l OITY CLERK Note: This amMication will remain nn ~1~. ;,, +1.~. ~1~, ~__~.,_ r~---~ ....... ent ~ y Office for a period of 2 years from the date it was submitted. It will be th ' ' · · ' e apphcant s responmbfl~ty to ensure that a current application is on file. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ge 9. O. REGULAR MEETING OF JUNE 20, 2000 APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES DATE: JUNE 16, 2000 Robert Levitt's term on the Police and Fire Board of Trustees will expire on June 30, 2000. Mr. Levitt was appointed to kis initial term on June 18, 1996 and re-appointed on July 7, 1998 to serve an additional two year term. Per Susan Ruby, City Attorney, members may be re- appointed for more than two terms if the City Comrmssion wishes to reappoint them. Mr. Levitt would like to be considered for reappointment. Attendance records are attached. The term is for two years, beginning June 30, 2000 and ending June 30, 2002. In accordance with Section 33.65 (A) (2) of the City Code, the City Commission appoints two public members of the Board of Trustees. Members need not be residents, property oxvners or business owners within the city. The appointee must take an oath of office. The following have submitted applications for consideration: Edward C. Desmond Robert Levitt Kenneth S. Rubin Stephen R. Swank (incumbent) A check for code violations and/or municipal liens was conducted. None xvere found. Based on the rotation system, the appointment will be made by Comtmssioner Perlman (Seat gel). Recommend appointment of a member to the Police and Fire Board of Trustees for a two year term ending June 30, 2002. CZ'II' CLF. IU~ CITY OF DEI. RAY BEACH BOARD MEMBER APPLICATION Plebe t~,p¢ or Friar hhe ~ollowi~g information: ~ 2. ~ Ad~SS: - --- ~ City State Z¥ C~d~-- L same as above ~ I I [ 26~0 N. Military Trail~ ~te 290 Boca Rato, i FLI. 331~1 : I~, Im,~o,,: s~,-~_~I~u'~"~=:;~-~4, oo~~'~:-- - ~ ~~ . , - ~ ~b]-~41-3441 '~. ~st all Ci~' 8o~ds on ~i=h )'cu ~,c ~)"se~in~ ~ have previm~ly ~e~'ed: (PI~e in~l~de date~) ~. ~d~eati6nal qush~ious': ' MBA - Ftn"n~(Chartered Financial ADaIv~Ir Drof~s~ar nf Wi/a~ce. FLORIDA Atlantic Universtt~ CFp _ egzsrered Investment Advisor - AIMR Advocacy Board, Financial Society Secretary. - Analyst ~0. G~e )outp~'e~n% ot most ~c,( emrloyer.~ Levitt Novakoff & Company, LLC P~inci~le ............. ~ I. De~tfi~ ~,~,~. ~h~edge wh it5 q':ali5 ~ou to serve 0, ~h~ b~: {PI~ ~ch ~ brief r~um~) __. Si~nificant experience in ail asoectq~~ent C~g misst~te~nt o~ ~er/al ~g ~nra/ne~ In this app~lcm,~n may ouse ~eRure u~n my N~: ~is ~plicahon ~11 ~mgn on ~ ~e City ~'~ Office f~ a~od s~d, h will be ~c applier's ~s~ilit> m ,m~ ~a~ s c~ent C RECEIVED ~AR 2 12000 CITY CLERK ROBERTS, LEVITT Robert Levitt, CFP, CFA, is · Principal Advisor of Levitt Novakoff& Co., · nationally prorninant fee-only registered inve~nent advisory and investment counseling firm based in Boca Raven, Florida. Prior to forming Levitt Novakoff& Co., he was a principal advisor in the investment advisory firm of Evensky, Brown, Katz & Levitt. His primary focus is working with high net-worth taxable clients in developing tax responsive investment portfolios. Portfolio design and implementation includes: · Cra·tin& asset allocatlon~ with tax considerations, Selecting individual securities, · Utlll.zing specialist investment managers, including active and passive managers selected for their co~lstent high-performance rasuks. l~r. Levitt ws~ selected by Worth Magazine a~ one of the coumry's Best Financia~ Advisors in 1996, ] 997, 1998 and 1999. Medical F. conornicr cited him on their list of''Best Advisors for Doctors' in July 1998 a~d July 1999. He is · contributing editor for Dow ]ones.4$setA~anagement and author of numerous articles. In 1999, Commerce Cleating House published his electronic volume on Investing in mutual Funds, part ofthelr Financial Planners Desktop Library. He serve· as an Adjunc~ Professor at the College for Financial Planning, Nova Southeastern University and Florida Atlamic University. He is an investment exam item writer for the Certified Financhd Planner (CFP) examination and a grader for the Chartered Financial Analysts exam (CFA). In addition he has spoken throughout the country at national association's conventions including the International Association for Financial Planning, Institute for CertltSed Financial Planners and the Charles Schwab Institutional conferences. He appears f~equently on television (ABC, CBS, ]~BC, PBS and cable) and is quoted in the F~all Street Journal, New' l*orI~ Times, Barton,. Los,4ttgel~v Ttrnes, Miami Herai~ Chicago Suit-Times. Salt Franct.*co Chrorttclg, It. I.~uderdale Su,-~entinel, Arigona l{epublic, Cievelatut Plain 19ealer, Orw~gt County ReKixter. Minneapolis Star J~ribune, Fortune, U.X N~'s and ~orld l~eport. F/orth, Money Magazine. Nation's Business. Kiplinger$. Financial Planning. i~egistered lttvestment Aa~.i~or, Bloomberg News. Bottom Line mM ~IP Radio. Robert received a B.B.A. from the University of New Mexico and a MBA from The American University in Washington, D.C. He is a Certified Financial Planner (CFP) and a Chartered Financial Analys~ (CFA). He is also active in many professional and charitable organizations. rlTY OF DELR;iY BE;li:H CITY ATTORNEY'S OFFICE DEtRAY BEACH Ail.America City 1993 DATE: TO: June 15, 2000 FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 City Commission Brian Shutt, Assistant City Attorney SUBJECT: Demand for Judgment in Adderly v. City of Delray Beach The City has received a Demand for Judgment from the Plaimiff in the case of Steven Adderly versus the City of Delray Beach. This action arose out of a sting operation conducted by the Delray Beach Police Department on March 5, 1999. Delray Beach police officers were attempting to apprehend the Plaintiff, a suspected drag dealer, who upon seeing our police officers fled in his vehicle. The Plaintiff hit one officer in the leg with his vehicle, while fleeing the scene, and attempted to mn over other officers while in his vehicle. The Plaintiff was finally stopped after he was shot by our officers. The Plaintiff's complaim alleges battery and negligem supervision against the City. The Demand for Judgment filed by Plaintiffs' attorney is for $275,000.00 inclusive of fees and costs. Our recommendation is not accept the demand for judgment. If you have any questions, please do not hesitate to contact me. CC: Susan Ruby, City Attorney David T. Harden, City Manager Alison MacGregor Harty, City Clerk Cathy Kozol, Police Legal Advisor [ITY DF DELRRY BER[H CITY ATTORNEY'S OFFICE DELRAY BEACH Ali. Amedca City 1993 DATE: TO: June 15, 2000 FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 City Commission Brian Shutt, Assistant City Attorney SUBJECT: Demand for Judgment in Jenkins v. City of Delray Beach The City has received a Demand for Judgment from the Plaintiff in the case of Lavern Jenkins versus the City of Delray Beach. This action arose out of an arrest of the Plaintiff on August 1, 1999. Delray Beach police officers were searching for individuals who had fled from a stolen vehicle in the area of S.W. Tenth Ave. and S.W. 3rd Ave.. Our officers were in the process of attempting to stop Mr. Jenkins and question him when he fled from our officers. Our officers chased Mr. Jenkins on foot and in the process of attempting to detain Mr. Jenkins, a scuffle ensued. The Plaintiff's complaint alleges battery, negligent supervision, false arrest and malicious prosecution against the City. The Demand for Judgment filed by Plaintiffs' attorney is for $311,217.00 inclusive of fees and costs. Our recommendation is not accept the demand for judgment. If you have any questions, please do not hesitate to contact me. CC: Susan Ruby, City Attorney David T. Harden, City Manager Alison MacGregor Harty, City Clerk Cathy Kozol, Police Legal Advisor [ITY OF DELRI:IY laEgl:ll CITY ATTORNEY'S OFFICE Ail,America City 1993 DATE: TO: June 15, 2000 FROM: 200 NW lst AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 City Commission Brian Shutt, Assistant City Attorney SUBJECT: Proposal for Settlement in Beizer v. Brinker, et al. The City has received a Proposal for Settlement, under the Statute and Rule, in the case of Beizer versus Brinker et al.. The City previously received a Proposal for Settlement for $3,500.00 in this case several months ago. The Commission voted against that Proposal for Settlement. Our office has just received another Proposal for Settlement in this case for the amount of $2,500.00. This action arose out of an automobile accident investigation by the City's Police Department on March 16, 1992. The Plaintiff was initially given a ticket by a FHP Trooper that investigated the accident. Subsequent to the Trooper giving the Plaintiff a ticket, a Delray Beach police officer arrived on the scene after being previously alerted to the accident. The Plaintiff fails to mention the fact that the accident had already been investigated by the FHP, and since the other driver was not present at the scene, the City's officer gave the other driver a ticket for a hit and run. Approximately a week later our officer finds out that the accident was not a hit and run and files charges with the State Attorney's office as a result of the failure of the Plaintiff to disclose the prior accident investigation by the FHP Trooper. The criminal charges were resolved in the Plaintiff's favor. The City originally prevailed with a summary judgment which was appealed. The trial court's approval of the City's summary judgment was reversed on appeal. The Plaintiff's complaint alleges malicious prosecution against the City's Police Officer. The Proposal for Settlement filed by Plaintiffs' attorney is $2,500.00 inclusive of fees and costs. If you have any questions, please do not hesitate to contact me. CC: Susan Ruby, City Attorney David T. Harden, City Manager Alison MacGregor Harty, City Clerk Cathy Kozol, Police Legal Advisor [ITY OF DELRI1¥ BEI:IEH CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 ~ll.~te~caCity 1993 DATE: TO: FROM: MEMORANDUM June 16, 2000 City Commission Brian Shutt, Assistant City Attomey SUBJECT: Martin Clifford v. City of Delray Beach The Plaintiff, Martin Clifford, filed suit as a result of a vehicle accident which occurred on June 5, 1997. A City vehicle backed into Mr. Clifford who was travelling northbound on S.E. 3rd Avenue. Although the vehicles were travelling at a relatively slow speed, Mr. Clifford, alleged that the accident resulted in his subsequent back surgery. Mr. Clifford incurred approximately $57,000.00 in medical costs as well as approximately $2,600.00 in property damage to his vehicle. The Plaintiff, through his attorney, has offered to settle this case with the City for $26,648.00. The settlement includes all attorney's fees and costs. If the Commission accepts this offer, the City Attorney's Office will obtain a complete release of all claims. Our office recommends acceptance of this offer. The City's Risk Manager, Frank Babin, and Gene Montfort, adjuster for Gallagher Bassett, concur in our recommendation. By copy of this memo to David Harden, City Manager, our office requests that this matter be placed on the June 20, 2000 City Commission agenda. Please call if you have any questions. CCi David Harden, City Manager Alison MacGregor Harty, City Clerk MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ]0 ]~ - REGUI.AR MEETING OF _IUNE 20. 2000 ORDINANCE NO. 12-00 (LIMOUSINE SERVICES IN THE DISTRICT) DATE: JUNE 16, 2000 This is second reading and the second public heating for Ordinance No. 12-00 which amends LDR Section 4.4.1803)(4) to allow limousine services as a pemlitted use in the PCC ('Planned Commerce Center) zoning district. The Service IndustxT land use of the PCC zoning district allows uses which are primarily engaged in providing an off-site service but which maintain inventory, storage of materials, and a business office at a central location. The proposed text amendment has been requested in order to establish a limousine service at 1445 North Congress Avenue (All Points Limousine Service). The property contains a 16,146 sq.ft, industrial building with storefronts facing Congress Avenue and ovethead doors facing east (Wastewater Treatment Plant). All Points Limousine Service will occupy a 1,000 sq.ft, bay within the building. The operation is described as follows: The customers call this central location for service. The vehicles are ck'~atched via cell phone from this offce to the driver's home or to a driver mith a job in progress. The vehicles are parked at the driver's home nightly, mith the exception of the stretch h'mousine that is stored in the bqy. There mill be no outride vehicle storage, vehicle repairs, nor detailing/mashingfad~ties at the central location. Limousine services are primarily engaged in providing off-site service from a central office. The proposed text amendment will not allow any vehicle repair or detailing on the premises. The Service Industry currently permits the overnight storage of vehicles provided they are screened from view of adjacent properties or public rights-of-way in a manner approved by the Site Plan Review and Appearance Board. The Planning and Zoning Board considered the text amendment at a public hearing on May 22, 2000, and voted unanimously to recommend that it be approved. At first reading on June 6~, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 12-99 on second and final reading. Ref:Agmemo21.Ord.12-00.Limousine Services. PCC District ORDINANCE NO. 12-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI .RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.18, "PLANNED COMMERCE CENTER (PCC) DISTRICT", SUBSECTION 4.4.18(B), "Al J,OWED USES", SUBPARAGRAPH 4.4.18(B)(4), "SERVICE INDUSTRY", BY ADDING 'LIMOUSINE SERVICES WITH NO VEHICLE REPAIR OR DETAILING ON THE PREMISES' AS A PERMITI'ISD USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public heating held on May 22, 2000, and voted unanimously 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 Four, "Zoning Regulations", Section 4.4.18, "Planned Commerce Center (PCC) District", Subsection 4.4.18(B), "Allowed Uses", Subparagraph 4.4.18(B)(4), "Service Industry", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: Section 4.4.18 Pl~ned Commerce Center (PCC) District (B) Allowed Uses (4) Service Industry: Service Industry uses are those which are primarily engaged in providing an off-site service but which maintain inventory, storage of materials, and a business office at a central location. The area which may be devoted to "Service Industry." uses within a PCC is limited to twenty-five percent (25%) of the total land area of that PCC. Repair of equipment and materials associated with the service is also permitted at this central location:, except as restricted below. 'r~ ...... c .......... /,~c0/x _t .t ..... , ~-_a _c ,t._, PCC. _Kll aspects of these uses must be accommodated within a structure except for overnight storage of vehicles used by the business. Uses which are allowed within the "Service I ' ' ' ndustr3e classlficaUon include: Assembly, fabrication, wholesale, and storage per Section 4.4.18(13)(2) when such use is limited to no more than 5,000 square feet per tenant. Land Development Services (e.g. surveying, soil testing, mapping, architectural, Contractor and Trade Services (e.g. general contractor, electrician, plumbers, heating and air conditioning specialists, swimming pool maintenance, landscaping services, exterminators, equipment and tool rental). Repair of office equipment (e.g. typewriters, computers, data processing equipment). Business Services (e.g. photocopying/pmating, photofinishing, provision of office equipment and furnishings, delivery setwices, computer and data processing services). Limousine services with no vehicle repair or detailing on the premises. l.imited Retail Trade only as a secondary use within any one building, but only to the extent that the floor area for all retail use (either accessory to the service industry use or not) shall not exceed twenty-five percent (25%) of the floor area of the total building. Although the intent of the PCC does not encourage retailing of items other than at the designated "retail center", additional retail uses may be allowed in the service industry areas shown on the MDP. Such retail use may involve the sale of products associated with an established service industry use or may involve any of the following products: · apparel and accessories · appliances · baked goods · building materials and garden supplies · camera and photographic equipment and supplies · furniture and home furnishings · hobbies, games, toys · jewelry, gifts, novelties · luggage and leather goods · radio, television and communication products · sporting goods - 2 - Ord. No. 12-00 Section 2. That should any section or provision of this ordinance or any poi-don thereof, any pari~g~aph, sentence or word be declared by a court of competent iutisdiction to be invalid, such derision shall not affect the validity of the remiinder hereof as a whole or pan thereof other than the part decl~ed 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 regula~ session on second and final reading on this the 20th dayof Juno ,2000. MAYOR TI=;ST: City C~rk --~ First Reading June 6, 2000 Second Reading June 20~ 2000 -3- Ord. No. 12-00 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ] 0./~ _ - REGUI.AR MEETING OF _IUNE 20. 2000 ORDINANCE NO. 13-00 .(DEFINITIONS REGARDING DWI~:,J~ING UNITS AND OTHER HABITABLE STRUCTURES) DATE: JUNE 16, 2000 This is second reading and the second public heating for Ordinance No. 13-00 which amends Appendix "A" (Definitions) of the Land Development Regulations regarding dwelling units and other habitable structures. This amendment is corrective in nature. City staff has undertaken a comprehensive review of the Land Development Regulations to ensure that they are consistent with the most current provisions of the Comprehensive Plan, and to correct vague or problematic passages. One area that came into focus was the definitions of dwelling units, hotels, motels, boarding houses, and similar types of habitable structures. Planning staff has worked with the City Attorney's Office to make changes to these definitions in order to ensure that they can be readily understood and enforced. The planmng and Zoning Board considered the proposed text amendment at a public heating on May 22, 2000. There was no public comment. The Board voted unanimously to recommend approval of the changes. At first reading on June 6~', the City commmsion passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 13-00 on second and final reading. RefiAgmemo21.Otd.13-00.Defmitions.Dwelling Units & Habitable Structures ORDINANCE NO. 13-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF D~.T RAY BEACH, FLOILIDA, AMENDING THE LAND DEVELOPIV[ENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING APPENDIX "A", "DEFINITIONS", TO CLARIFY CERTAIN DEFINITIONS REGARDING DW~ .T.ING UNITS AND OTHER HABITABLE STRUCTURES; PROVIDING A GENERAL REPEAI.F.R CLAUSE, A SAVING 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 on May 22, 2000, 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 changes are consistent with and further the 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: e~5.~9.ti9_~. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Dell-ay Beach, Florida, be, and the same is hereby amended as set forth in Exhibit "A' attached hereto and made a part hereof. Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. ~ection 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 20th MAYOR A'rr~.;ST: '/- City Clerlff Fi~stReading~ June 6, 2000 SecondReadingL June 20, 2000 EXHIBIT "A" PROPOSED AMENDMENTS TO "DEFINITIONS" SECTION OF LDRS DWELLING UNIT: One rccm or more rooms connected together, desiqned to be occupied by one family, constituting a separate, independent housekeeping establishment and physically separated from any other dwelling unit which may be in the same structure, and which contains independent sanitation, living, cooking and sleeping facilities. DWELLING, SINGLE-FAMILY: A detached residential building other than a mobile home, designed one family .... ,. for a~J-e~.upied occupancy by ' ~""' building d~.= ............. ,' .... , ......~' ...... DWELLING, MULTIPLE FAMILY: A residential . . ...... conta~mnq three or more dwellinq units. DWELLING, TWO-FAMILY (DUPLEX): A detached residential building containing two li¥!r.~ dwelling units, designed for occupancy by two fam~hes .... EFF!C!=_.k.,Cy O,= .-r,,r~,~ A,~^,=~'u~,a'r DWELLING UNIT, EFFICIENCY: A type of dwelling unitT !cc=~.=d ,;:[:?.!r. c ....... ,. ......... · ......... ~ ................................. toclether with k tche,, ........... ~. .......... + .--,.~--.-,- consistinq of not more than one habitable room or kitchenette and sanitary facilities. BOARDING AND ROOMING HOUSE: A building other than a hotel, motel, residential inn, or bed ..~..~,.~... ,... ,~..... ~-.. -,-~.-~ ....... used to provide lodging for compensation, and and breakfast cc .......... = .................. ,-,"= where more than one of the individual rooms or partitioned ~e~tieRs areas are occupied by separate families or rent is charged separately for the individual rooms or partitioned areas occupied by the renter or occupant. Individual living units ct= .".o~, ma or ma not be equipped with kitchen facilities; congregate dining facilities may be provided for the guest. · . ......~, ..... u;...., ..... ;..,~;,.:.~,,~' .... A facility offerinq transient Iodclin~ accommodations tu the .qeneral public (open to the public at lar.qe), usually at a daily rate. A hotel may also contai,, accessory uses as otherwise permitted within the underlying zone district. A hotel shall have an inner lobby through which seventy-five percent (75%), or more of all occupants must pass to gain access to their rooms. resideats A facility offerinq transient Iodaincl accommodations to the .qeneral public (open to the public at lar,qe), usually at a daily rate i with more than twenty-five percent (25%) of the rooms having individual entrances from outside the building. No provisions may be made for cooking in any individual room. Motels may have one (1) or more dining rooms, restaurants or cafes as accessory uses· RESIDENTIAL-TYPE INNS: A facility offedn.q transient Iodqinq accommodations on a daily, weekly, or monthly rate to the .qeneral public (open to the public at lar.qe). A t,'~-~ c' h''+~' .... ,'; ........ ~'~ ~"c '-'c!vc!" b" r. cr. ....... ~ -~'~'-+~ It may consist of one building which contains the principal and accessory uses, or groups of buildings. Suites may or may not include kitchens or kitchenettes. Accommodations may be comprised entirely of suites, or may include a combination of single rooms and suites· The facility may also contain accessory uses as otherwise permitted in the applicable zoning district. RESORT: ~+ ..... .-.~-,- ,~- ~:~" c" "'~"°"' "'" ...... ";" ~'~";~ A hotel or motel that serves as a destination point for visitors. A resort .qei~e~a~ly provides recreational facilities for persons on vacation, Such as .qolf, tennis, health spas, etc. A resort shall be self-contained and provide personal service=i customarily furnished at hotels, includinq the servin.q of meals· EXHIBIT "A" to ORDINANCE NO. 13-00