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Agenda Reg 03-05-02Tuesday. March 5, 2002 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Pompey Park Recreation Center 1101 NW 2"a Street 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-$774 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 thc right to limit discussion rests with the Commission. Generally~ remarks by an individual will be !lmited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. 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. SION 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 spcak/ng 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 ff a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to parucipate 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 (IT)D), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetines in the Commissmn Chambers. 2. 3. 4. 5. o o ROY.I. cAIJ.. INVOCATION. PLEDGE OF ^L!,EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · February 19, 2002 - Regular Meeting PROCLAMATIONS: · Days of Remembrance - Holocaust · Recognizing and designating April 2002 as "Read Together Palm Beach County Month" PRESENTATIONS: A. 2000/2001 Comprehensive Annual Financial Report - Ernst & Young CONSENT AGENDA: City Manager Recommends Approval. Ao CLEARBROOK HOMEOWNERS ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and Clearbrook Homeowners Association for Community Policing on its property. Bo LICENSE AGREEMENT/FLORIDA TELEPORT, INC.: Approve of a license agreement between the City and Florida Teleport, Inc. (FTI) for the construction of a pipeline across the Intracoastal Waterway. Co COMMAND SECURITY CORPORATION AGREEMENT: agreement between the City and Command Security Corporation for work for the City's Police Department. Approve an off-duty police JOINT APPLICATION DEVELOPMENT AGREEMENT/GOVERNMENT TECHNOLOGY RESOURCES. INC.: Approve an agreement between the City and Government Technology Resources, Inc. for the development of a web-enabled software package for Community Improvement in the amount of $25,000. Funding is available from 334-6112-519-66.10 (Software). LANDSCAPE MAINTENANCE AGREEMENT/THE ESTUARY II: Approve a landscape maintenance agreement between the City of Delray Beach and Scott Porten for The Estuary II, located on Royal Palm Boulevard, east of North Federal Highway. F0 TURTLE MONITORING SERVICES/JOHN FLETEMEYER: Approve additional turtle monitoring services with John Fletemeyer associated with the 4~ Beach Renourishment project in the amount of $13,680 for a total project cost of $27,304.20. Funding is available from 332-4164-572-34.90 (Other Contractual Services). 03-05-2002 -2- Go H0 Jo K° Mo RESOLUTION NO. 18-02: Approve Resolution No. 18-02 assessing costs for action necessary to abate nuisances on twenty-five (25) properties throughout the City. CHANGE ORDER NO. 2/FINAL PAYMENT/WEEKLEY ASPHALT PAVING. INC.: Approve Change Order No. 2 in the mount of $29,831.07 and final payment in the mount of $29,977.83 to Weekley Asphalt Paving, Inc. for the completion of the 2000 Road Bond Resurfacing project. Funding is awil~ble from 370- 3162-541-65.40 (2000 Roadway Bond/Resurfacing). {~HANGE ORDER NO. 1/FLISIVE (CITY WEB SITE): Approve Change Order No. 1 in the amount of $42,263.00 for professional services by Fusive for the next phase of the development of the City's official website. Funding is available from 334-6111- 519-31.90 (Other Professional Services). (;ONTRACT ADDITION/LINE-TEC, INC.: Approve a contract addition for water service relocations for three separate areas within the City of Delray Beach to Line-Tec, Inc. in the amount of $23,300. Funding is avaihble from 442-5178-536-65.50 for $11,800.00 (SE-SW Area) and 442-5178-536-61.78 for $11,500.00 (Water District Improvements). REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 18, 2002 through March 1, 2002. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve to rescind Housing Rehabilitation grant\contract award to Hatcher Construction for non- performance and re-award to South Florida Construction (44 NW 8m Avenue) through Community Development Division in the amount of $21,483.00 to South Florida Construction. Funding is awi!~ble from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant). AWARD OF BIDS AND CONTRACTS: Approve purchase from Maroone Ford in the amount of $16,021.36 in repair services for police vehicle $$0007. Funding is avaihble from 501-3311-591- 52.52. REGULAR AGENDA: REOUEST FOR IN-LIEU PARKING SPACES/MANAGEMENT SYSTEMS: Consider a request by Management Systems for the purchase of three (3) in-lieu parking spaces in the amount of $18,000. Management Systems is located on the southwest comer of NE 1't Avenue and NE 2n° Street in the Old School Square Historic Arts District (OSSHAD). B0 IN-LIEU OF PARKING FEE AGREEMENT/OUTSIDE THE BOX. INC.: Consider a request from Outside The Box, Inc. to enter into an in-lieu of parking fee agreement for two (2) parking spaces previously approved for Caf~ Veri Amici, located at 189 NE 2na Avenue. 03-05-2002 10. MODIFICATIONS TO CONTRACT FOR FUNDING RELATING TO THE 4a' BEACH NOURISHMENT PROJECT; Consider approval of the modifications to the contract for the 4th Beach Renourishment project to include an additional 100,000 cubic yards of sand material to be placed on the beach to accommodate erosion losses since the project design. GRAFFITI REMOVAL/OCEAN BOULI~VARD: Consider policy for removal of graffiti located on the east side sidewalk along Ocean Boulevard. Eo HIGHLAND BEACH RESIDENTS/TENNIS CENTER RATES: Consider approval of a reduced non-resident membership rate at the Delray Beach Tennis Center for residents of the Town of Highland Beach. REOUEST TO REDUCE LIENS/CHARLES RIDLEY: Consider a request from Mr. Charles Ridley to waive the interest and administrative fees in the mount of $2,694.47 assessed for a building demolition on property he inherited. One property is located at 137 SW 12~ Avenue and a vacant lot located at 110 SW 12~ Avenue. Mr. Ridley is prepared to pay the remaining lien of $4,891.56, which includes all of the City's out-of-pocket expenses, plus fees and interest on all nuisance abatement liens. DOCKING LICENSE/LADY LUCIIJJE CRUISES: Consider a request from Lady Lucille Cruises for a license to operate from Veterans Park up to 12 times per year. APPOINTMENT OF ASSISTANT CITY ATTORNEY I: Appoint Terfitl Collete Pyburn, Esq. for the position of Assistant City Attorney I effective March 11, 2002. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board to fill an unexpired term ending July 31, 2002. Based on the rotation system, the appointment will be made by Mayor Schmidt (Seat #5). PUBLIC HEARINGS: ho ORDINANCE NO, 8-02 (SECOND READING/SECOND PUBLIC HEARING.); An ordinance mending the Land Development Regulations Appendix "A" Definitions to add a definition for bedrooms. B0 ORDINANCE NO, 6-02: An ordinance mending the Future Land Use Map (small scale) from GC (General Commercial) to MD (lVlcdium Density Residential 5-12 du/ac) for a 0.763 acre parcel of land for Palm Grove Village, located at thc northeast corner of Royal Palm Boulevard and North Federal Highway. (Quasi-Judt'c~'al Hcadng) Co ORDINANCE NO. 7-02: An ordinance rezoning from GC (General Commercial) in part, RM (Multiple Family Residential-Medium Density) in part, and iLL (Multiple Family Residential-Low Density) in part to PRD (Planned Resident/al Development) for 4.623 acres for Palm Grove Village, located on the north and south sides of Royal Palm Boulevard, east of North Federal Highway. (Ouasi-Ju&'cialHeating) -4- 05-05-2002 11. Do ORDINANCE NO. 9-02: An ordinance amending Land Development Regulations Section 5.3.1.0D)(4)(a) changing appeals of required right-of-way dedications from the Board of Construction Appeals to the City Commission. OI{~DINANCE NO. 10-02: An ordinance amending Ordinance No. 59-01 to make clear the intent of that ordinance that suits against the City will also cause extensions on development approvala. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. 13. FIRST READINGS: None COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission 03-05-2002 FEBRUARY 19~ 2002 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 19, 2002. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - City Attorney Susan A. Ruby Also present were - City Manager David T. Harden Assistant City Manager Robert A. Barcinski Assistant City Attorney Brian Shutt City Clerk Barbara Garito At this point, Mayor Schmidt asked while everyone is praying this evening to keep Onalee Schwartz (wife of former Commissioner Bill Schwartz) in their thoughts and prayers. Mayor Schmidt stated Mrs. Schwartz is currently in intensive care. e The opening prayer was delivered by Richard Evans with Abbey Delray South. The Pledge of Allegiance to the Flag of the United States of America was given. 4~ AGENDA APPROVAL. Mr. Perlman requested that Item 8.K., Consulting Service Agreement/Southwest Area Neighborhood Redevelopment Plan, be pulled from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. Mrs. Archer moved to approve the Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mr. Levinson moved to approve the Minutes of the Regular Meeting of February 5, 2002, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to approve the Minutes of the Special Meeting of February 12, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 6~ PROCLAMATIONS: 6oAo American Leeion 83rd Anniversary, - March 17~ 2002 and March 18~ 2002 Mayor Schmidt read and presented a proclamation hereby proclaiming the week of March 17, 2002 through March 23, 2002 as American Legion Birthday Week. On behalf of the American Legion, Lawrence Strainge came forward to accept the proclamation. Mr. Strainge stated the American Legion is one of the largest national organizations in the country and is proud to announce that there are three (3) million American Legion members who also share in their mission. Lawrence Strainge, Former State Commander, recognized and introduced the following American Legion members: Robert Borton, District Commander · John Travis, Area Commander · Joe Thibault, State Commander's Aid from Post 141 - West Palm Beach · Scott Schley, Commander from Post 65 - Delray Beach · Elijah Morris, Commander from Post 188 Recognizing and commending the Delray Beach Ocean Rescue Division Mayor Schmidt read and presented a proclamation hereby recognizing and commending the men and women of the Ocean Rescue Division. Bob Taylor, Ocean Rescue Superintendent came forward to accept the proclamation. Tom Fogan, Vice President of the Florida Beach Patrol Chief's Association, presented an award to Bob Taylor. Mr. Taylor came forward to accept the award and thanked the City Commission, the Mayor and the City Manager for placing this item on the agenda. Mr. Taylor feels this award could not have been accomplished without the support of Joe Weldon, Director of Parks and Recreation, and Rich Connell, Assistant Director of Parks and Recreation. Recognizing Macular Deueneration Day - May Iv 2002 Mayor Schmidt read and presented a proclamation hereby proclaiming May 1, 2002 as Macular Degeneration Recognition Day. Mr. & Mrs. Isen came forward to accept the proclamation. -2- 02/19/02 6.9. 12~ 2002. Calling for the First Nonpartisan and Special Election to be held on March Mayor Schmidt presented a proclamation hereby calling for the First Nonpartisan and Special Election to be held on Tuesday, March 12, 2002, between the hours of 7:00 a.m. and 7:00 p.m., with all the precincts and polling places in the City of Delray Beach, as designated by the Supervisor of Elections for Palm Beach County. 7~ PRESENTATIONS: 7.A. Honoring Boy Scout Troop 340 for donating a rebuilt computer to our Sister City in Moshi~ Tanzania. Russ Mawson, Boy Scout Master, thanked the City of Delray Beach for allowing Boy Scout Troop 340 the honor of helping the Sister City in Moshi, Tanzania and stated they look forward to donating another computer soon. In addition, Mayor Schmidt presented certificates to the following members of Boy Scout Troop 340: Greg Allen Jason Baker Lance Bradford Michael Corbo Mark Mawson Seth Weil Andrew White Stephen Winfield Boy Scout Life Scout Boy Scout Boy Scout Life Scout First Class Second Class Life Scout Charlotte Dm'ante, President of Delray Beach Sister Cities, stated Beverly Hosokawa, Katrina Kacandes and Alice Lee plan to climb Mount Kilimanjaro and asked if they make it to the top to hang a flag so that anyone else who makes it to the top will know that Delray Beach has a partnership with Moshi, Tanzania. In addition, Ms. Durante stated she has letters written by the students who attend Carver Middle School to the children of Moshi and asked that these letters be carded along with the computer to Moshi. 7.A.I. PROCLAMATION Recognizing and commending Beverly Hosokawa, Katrina Kacandes~ and Alice Lee as Friendship Ambassadors Mayor Schmidt read and presented a proclamation hereby declaring Beverly Hosokawa, Katrina Kacandes and Alice Lee to be FRIENDSHIP AMBASSADORS as they extend their hands in friendship and peace and wish them a safe trip as they embark on their endeavor of delivering a much needed computer to the children of Moshi, Tanzania. -3- 02/19/02 7oB. Resolution No. 22-02 supporting Beach Renourishment The caption of Resolution No. 22-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE CONTINUED FUNDING SUPPORT AND EASE OF PERMITTING OF BEACH RENOURISHMENT PROJECTS IN COASTAL MUNICIPALITIES IN THE STATE OF FLORIDA. (The official copy of Resolution No. 22-02 is on file in the City Clerk's office.) Mrs. Archer moved to approve Resolution No. 22-02, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer- Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 7.C. Resolution No. 23-02 supporting Windstorm Insurance Proposal by the Citizens ProperW Insurance Corporation The caption of Resolution No. 23-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE REORGANIZATION OF THE WINDSTORM INSURANCE PROTECTION BUSINESS AS STATED IN HOUSE BILL 1361. (The official copy of Resolution No. 23-02 is on file in the City Clerk's office.) Ms. McCarthy moved to approve Resolution No. 23-02, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes. Said motion passed with a 5 to 0 vote. 8~ CONSENT AGENDA: City Manager Recommends Approval. g.A. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN AND SPECIAL ELECTION: Approval of the poll workers for the First Nonpartisan and Special Election to be held on March 12, 2002. 8.B. CONSIDERATION OF A RECOMMENDATION FROM THE EDUCATION BOARD REGARDING THE GIFTED PROGRAM AT BANYAN CREEK ELEMENTARY SCHOOL: Support the Education Board's recommendation to maintain the Banyan Creek Elementary School's Gifted Program as it currently exists. -4- 02/19/02 RESOLUTION NO. 19-02: Approve Resolution No. 19-02 abandoning a portion of the Dixie Highway right-of-way, directly adjacent to Lots 6, 7, & 8 of the Plat of Delray Beach Estates, approximately 1,320 feet south of Gulf Stream Boulevard. The caption of Resolution No. 19-02 is as follows: A RESOLUTION OF THE CITY COMMISISON OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE DIXIE HIGHWAY RIGHT-OF-WAY (ROW) LOCATED APPROXIMATELY 1,320 FEET SOUTH OF GULFSTREAM BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 19-02 is on file in the City Clerk's office.) 8oDo RESOLUTION NO. 20-02/ABANDONMENT OF UTILITY EASEMENT/PLAT OF FAIRACRE: Approve the abandonmem of a 5' utility easement within Lot 6, Plat of Fairacre, located west of Swinton Avenue, north of N.W. 11th Street (1107 Periwinkle Lane). The caption of Resolution No. 20-02 reads as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 5-FOOT UTILITY EASEMENT WITHIN THE PLAT OF FAIRACRE LOCATED EAST OF PERIWINKLE LANE, NORTH OF NW 11TM STREET, AS MOROE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 20-02 is on file in the City Clerk's office.) 8.E. RESOLUTION NO. 21-02: Approve Resolution No. 21-02 supporting increased funding for regional planning councils. The caption of Resolution No. 21-02 reads as follows: A RESOLUTION OF THE CITY COMMISSON OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING INCREASED FUNDING FOR REGIONAL PLANNING COUNCILS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (The official copy of Resolution No. 21-02 is on file in the City Clerk's office.) -5- 02/19/02 8.F. FINAL SUBDIVISION PLAT APPROVAL/PBT PLAT: Approve the P.B.T. plat, located between US 1 and Old Dixie Highway north of George Bush Boulevard. The property is being subdivided to create two (2) lots. 8.G. SERVICE AUTHORIZATION NO. 3/AVIROM & ASSOCIATES, INC.: Approve Service Authorization No. 3 to Avirom & Associates, Inc. for the Delray Shores Neighborhood Enhancements Topographic Route-of-Line Survey, Project 2002-008 in the amount of $16,260.00. Ftmding is available from 334-6111-519-63.89 (General Construction Fund). SoHo FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/ 1155 EAST ATLANTIC AVENUE PROJECT: Authorize the City to act as the general use permit applicant for the addition of one parking space within the state right-of-way (located on the north side of East Atlantic Avenue) and approve a Hold Harmless Agreement with the developer (1161 ofDelray, LLC). 8.I. ACCEPTANCE OF EASEMENT DEED/POLLO TROPICAL: Approve and accept an easement deed for the maintenance of a sidewalk along Linton Boulevard and S.W. 10th Avenue in conjunction with the Pollo Tropical Project. 8.J. MEMORANDUM OF UNDERSTANDING AND POLICIES AND PROCEDURES 2001-2004/DELRAY BEACH HOUSING RENAISSANCE PROGRAM: Approve the Memorandum of Understanding and the Policies and Procedures that govern the Delray Beach Housing Renaissance Program for the period December 2001 through December 2004. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.L. FINAL PAYMENT/ATLANTIC PAINTING & SANDBLASTING: Approve final payment in the amount of $4,201.00 to Atlantic Painting and Sandblasting for the completion of the Water Treatment Plant Clarifier//4 Painting of Metal Surfaces project, Project 2002-001. Funding is available from 442-5178-536-46.90 (W & S Other Repair and Maintenance). 8.M. FINAL PAYMENT/JMW CONSTRUCTION CORPORATION: Approve final payment in the amount of $7,413.14 to JMW Corporation for completion of the Delray Swim & Tennis Club Pool and Bathhouse Renovations Project, Project 2001-003. Funding is available from 334-4133-572-63.90 (Tennis Center). ITEM REMOVED 8.0. SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE: Consider a request for special event approval to allow the 34th Annual St. Patrick's Day Parade to be held on Saturday, March 16, 2002 beginning at 2:00 p.m., including temporary usc permits for the -6- 02/19/02 closing of Atlantic Avenue from Venetian Drive to the County Courthouse for the parade and Venetian Drive and Gleason Street for staging of parade entries from 12:30 p.m. to approximately 3:30 p.m., staff support for traffic control and security, barricading, trash removal and assistance in obtaining the FDOT permit. 8.P. SPECIAL EVENT REQUEST/EASTER SUNRISE SERVICE: Approve a request for special event approval to allow the Easter Sunrise Service to be held March 31, 2002 from 6:00 a.m. until 7:30 a.m., including a temporary use permit for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar, the use of the pavilion, staff support for traffic control, barricading, and EMS assistance on behalf of the Delray Beach Clergy Association. 8.Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 4, 2002 through February 15, 2002. AWARD OF BIDS AND CONTRACTS: e Purchase award to Endicott Electric Vehicles in the amount of $16,675.50 for the purchase of a Global Electric Motorcar for the Fire Department. Funding is available from 001-2315-526-64.20 for $16,355.00 (Fire Operations Automobile) and 115-2311-522-64.20 for $320.50 (Fire Automobile). Contract award to Chaz Equipment, Inc. in the amount of $169,132.50 for NE 4th Street Widening Project, Project 2000-003. Funding is available from 334-3162-541-65.19 for $82,692.50 (General Project Fund), from 442-5178-536-65.02 for $46,490.00 (Water & Sewer), and from 448-5461-538-65.02 for $39,950.00. Contract renewal for the purchase of calcium hypochlorite from Leslie's Swimming Pool Supplies and the purchase of liquid chlorine from Jones Chemical via the City of Boca Raton Coop Bid #2000-046 at an estimated annual cost of $73,815.00. Funding is available from 441- 5122-536-52.21 (Water/Sewer Fund/Chemicals) for $69,090.00 and from 441-5144-536-52.21 (Water/Sewer Fund/Chemicals) for $4,725.00. Mr. Levinson moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9~ REGULAR AGENDA: 9.A.A. CONSULTING SERVICE AGREEMENT/SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN: -7- Approve an agreement between the City 02/19/02 and JEG Associates for consulting services associated with the Southwest Area Neighborhood Redevelopment Plan in the amount of $50,000. Funding is available fi.om 001-6113-559-49.90 for $30,000 (MacArthur Foundation Grant Fund) and 118-1974-554-49.90 for $5,000 (Community Development Fund). The Community Redevelopment Agency will contribute $10,000 and Florida Atlantic University will contribute $5,000. The CRA and FAU funds will be submitted to the City for disbursement. Mr. Perlman explained this is the second part of the MacArthur Grant and is contingent on the CRA and FAU giving the City the money for the Downtown Redevelopment Plan. Mr. Perlman feels the City is an outstanding consultant. Mr. Perlman moved to approve the Consulting Service Agreement between the City and JEG Associates for consulting services associated with the Southwest Area Neighborhood Redevelopment Plan, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.A. WAIVER REQUEST/REDUCE REQUIRED SITE AREA: A waiver request from Land Development Section 4.4.7(F)(2)(c) to reduce the minimum required site area in the PRD (Planned Residential Development) for Palm Grove Village located at the northeast and southeast comers of Federal Highway and Royal Palm Boulevard, east of North Federal Highway. (Quasi-Judicial Hearing) The City Attorney stated this item will be conducted as a quasi-judicial hearing, which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. Brian Shutt, Assistant City Attorney, invited anyone fi'om the public who wishes to address the Commission regarding the modification, to please step forward at this time and be sworn in by the City Clerk. Paul Dorling, Director of Planning and Zoning, entered into the record the Planning Department's project file #2002-58 and #2002-59. Paul Dorling, Director of Planning and Zoning, stated this request is being processed in conjunction with a proposed rezoning of the property from GC (General Commercial) RM (Multiple Family - Medium Density), and RL (Multiple Family Low Density) to PRD (Planned Residential Development). The applicant proposes a residential development consisting of 12 multiple family units along Federal Highway and 34 single-family homes to the -8- 02/19/02 east on approximately 4.623 acres. Mr. Dorling stated positive findings are made with respect to LDR Section 2.4.7 (B)(5) in the Planning and Zoning Staff Report. The proposed development furthers several goals of the Comprehensive Plan and the North Federal Highway Redevelopment Plan. The applicant has expressed the desire to have Royal Palm Boulevard abandoned by the City as this street would then only serve the residents of Palm Grove Village and The Estuary. At its meeting of January 28, 2002, the Planning and Zoning Board recommended approval (7-0) of the waiver. Ms. McCarthy asked if the sites east of the proposed site are vacant lots. In response, Mr. Dorling stated this proposal will abut the Estuary Phase II. Mayor Schmidt asked if there was an emergency access gate installed at the end of Royal Palm Boulevard into The Estuary. In response, Mr. Dorling stated there is an emergency access gate installed at the south end of Palm Trail and will serve as an access point to The Estuary as well as for the extension of Palm Trail to the south. Mr. Dorling stated there would be the ability for the public to cross Royal Palm Boulevard, but would be a private road if it were abandoned. Ms. McCarthy inquired whether the City would have to maintain the road. In response, Mr. Dorling stated the maintenance responsibility would be a combination of The Estuary and Palm Grove Village. The Assistant City Attorney declared the public hearing open. There being no one who wished to address the Commission regarding the waiver request, the public hearing was closed. Mr. Perlman moved to approve the waiver request to the five acre minimum area for Palm Grove Village based upon positive findings with respect to LDR Section 2.4.7(B)(5), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oBo REQUEST FOR SIDEWALK DEFERRALfl)ELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION: Consider a request from Delray Beach Community Development Corporation to defer the installation of a sidewalk in front of 122 NW l0th Avenue. Staff recommends denial. Randal Krejcarek, City Engineer, stated this is a request from the Delray Beach Community Development Corporation to defer the requirements of LDR Section 6.1.3(D)(1)(b) to install a sidewalk in front of a single-family residential lot located at 122 N.W. l0th Avenue. The City has made this neighborhood a priority for providing sidewalks. Therefore, staff does not support and recommends denial of the developer's deferral request to have the sidewalk -9- 02/19/02 installed in front of 122 N.W. l0th Avenue. Mayor Schmidt asked if the intent is to eventually install sidewalks on both sides of the street and if there is a timeframe. In response, Mr. Krejcarek stated the intent is to install sidewalks on both sides of the street but at this point there is no timeframe. Mr. Perlman moved to deny the deferral request of the installation of a sidewalk. The motion died due to the lack of a second. Ms. McCarthy moved to approve the deferral request from Delray Community Development Corporation to defer the installation of a sidewalk, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - No; Mr. Perlman - No; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 3 to 2 vote. 9.C REQUEST FOR IN-LIEU PARKING SPACES/BEN & JERRY'S SCOOP SHOP: Consider a request by Ben & Jerry's Scoop Shop for the purchase of two (2) in-lieu parking spaces in the amount of $28,000. Ben & Jerry's Scoop Shop is located at 1155 East Atlantic Avenue. Paul Doffing, Director of Planning and Zoning, stated Ben & Jerry's Scoop Shop has submitted a Class II site plan modification for an ice cream parlor located at 1155 East Atlantic Avenue. Pursuant to LDR Section 4.6.9(B)(1) this change of use requires the provision of two additional parking spaces. The applicant is unable to provide the required spaces on site and is requesting the purchase of two in-lieu parking spaces pursuant to LDR Section 4.6.9(E). At its meeting of January 22, 2002, the Parking Management Advisory Board unanimously recommended approval of the applicant's request. Mr. Peflman moved to approve the request by Ben & Jerry's Scoop Shop for the purchase of two (2) in-lieu parking spaces, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.D. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a request from the Chamber of Commerce for special event approval for the Delray Affair to be held April 5-7, 2002, including a temporary use permit and closing Atlantic Avenue to traffic from Swinton Avenue to Palm Square and blocking access to Atlantic Avenue on each side street in this area at the alley running parallel to Atlantic Avenue. Robert A. Barcinski, Assistant City Manager, stated this is a request for approval of the Delray Affair to be held April 5-7, 2002, including a temporary use permit and closing Atlantic Avenue to traffic from Swinton Avenue to Palm Square and blocking access to Atlantic Avenue on each side street in this area at the alley running parallel to Atlantic Avenue. Mr. Barcinski stated staff recommends that the event signage be put up on March 18th versus March 13th and that the City cap its overtime contribution at $16,000. This would increase the amount -10- 02/19/02 owed to the City by the Chamber by approximately $6,000 over last year. Mr. Barcinski stated the estimated overtime total for this event is approximately $47,855. Mayor Schmidt inquired about the amount budgeted for this event and commented about the $6,000 increase over last year. In response, Mr. Barcinski stated this was a staff recommendation based on discussions by the Commission last year. Mr. Perlman suggested the City ask the Chamber to pay 50% of the overtime costs this year and then phase it out over a period of time. Mrs. Archer stated considering the Chambers budget and how tightly it is run, she feels it would be very difficult for the Chamber to absorb all of the expenses. Therefore, Mrs. Archer stated she would also be in favor of seeing the Chamber absorb 50% of the overtime costs this year, 75% next year, and 100% the following year. Ms. McCarthy feels this is a good idea as well and stated with this being said ahead of time, the Chamber can better plan and prepare for it. Mrs. Archer moved to approve the special event request from the Chamber of Commerce for the Delray Affair to be held April 5-7, 2002, per staff recommendations with the City's contribution to be capped at $18,000, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.E. SPECIAL EVENT REQUEST/IRISH FESTIVAL (OLD SCHOOL SQUARE): Consider a special event request to hold an Irish Festival on the grounds at Old School Square on March 16, 2002 from 12:00 p.m. (noon) to 11:00 p.m. and March 17, 2002 from 11:00 a.m. until 8:00 p.m., including a temporary use permit for use of facilities, event signage, trash removal, staff support for security and traffic control with the sponsor paying all overtime and event signage costs, contingent on the sponsor providing liability insurance and a hold harmless agreement. Robert A. Barcinski, Assistant City Manager, stated this is a request from Old School Square to endorse this event. The estimated overtime cost for this event with EMS assistance is $8,120.00 and $5,465 without EMS assistance. Event signage costs are estimated at $300.00. This event is a new event which exceeds the 50 event limit. Mr. Barcinski stated he spoke with the event sponsor who has decided they would like to hire their own cleanup crews. Therefore, the overtime costs would decrease about $2,000. The sponsor has also requested the event signage be in place longer than the one week allowed and staff recommends that March 8th be the earliest date for the event signage. Mr. Levinson commented about the sponsor paying all the overtime costs. Mr. Barcinski stated this event would put the City over the 50 event limit. Mr. Barcinski stated the City will need to provide security and traffic control for an event of this type. The Fire Department may or may not need to be on site but if this is approved, Mr. Barcinski stated the -11- 02/19/02 recommendation would be contingent on the Police Department deciding the security needs and the Fire Department deciding the EMS needs. Prior to the vote, Mr. Levinson stated he feels at some point there should be a Workshop Meeting regarding this issue to look at whether there should be some methodology for substituting one event for another. Mr. Levinson stated if one event dwindles, then the event limit may no longer be 50 per year. Mr. Levinson stated he would like to review the list of special events and as they grow, the number of events may need to be adjusted as well. Mrs. Archer stated when the Commission meets to review and discuss the special event, she suggested that there be some way of categorizing the events so the Delray Affair may be an "A" event or an intensity event. Mr. Barcinski stated he has policies and procedures from other communities to review and agrees that this has to be worked out. Mr. Levinson moved to approve the special event request to hold an Irish Festival on the grounds at Old School Square on March 16, 2002 from noon until 11:00 p.m. and March 17, 2002 from 11:00 a.m. until 8:00 p.m. subject to staff's recommendations regarding signage and that the sponsor be responsible for the overtime costs, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.F. REQUEST FOR FUNDING/TRUTH, INC.: Consider a request from Truth, Inc. for financial support to assist with the group's Louise E. Buie Civil Rights Legacy Tour to Alabama and Atlanta March 15-19, 2002. The City Manager stated staff has received a letter from Truth, Inc. requesting financial support from the City to assist with the group's Louise E. Buie Civil Rights Legacy Tour. The City Manager recommends that the request be denied in view of the City's anticipated revenue shortfall, and also because this is not a local group. The City Manager stated the City already has something very similar for young people here in Delray called "The College Tour" mn by MAD DADS. Mr. Levinson stated he has similar feelings about this request as he did with the Bike Tour. Mr. Levinson stated the Bike Tour just stopped here in Delray and feels it had nothing really to do with Delray. Mr. Levinson stated this is not to say that it wasn't a worthy cause, but it was a request from another city. Mr. Levinson stated he does not see how this particular request would benefit the citizens of Delray. Ms. McCarthy stated although Truth, Inc. is physically located in West Palm Beach this is something that impacted South Florida quite a bit. However, Ms. McCarthy stated if there is a local program which benefits children, she would rather see the dollars go there. Ms. McCarthy suggested that the City apprise them as to why this decision is being made. -12- 02/19/02 Mr. Levinson moved to deny the request for funding, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed to deny passed with a 5 to 0 vote. 9.G. PROPOSAL FOR SETTLEMENT/MYRIAM JEAN-LOUIS v. CITY: Consider acceptance of proposal for settlement subject to the receipt of appropriate releases in the Myriam Jean-Louis v. City of Delray Beach case. Staff recommends acceptance. Mr. Perlman moved to approve the proposal for settlement subject to the receipt of the appropriate releases, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2003. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Mr. Levinson moved to appoint Stanley Warshaw as an alternate member to the Board of Adjustment for an unexpired term ending August 31, 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9oio APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) alternate member to the Public Employees Relations Commission (PERC) for an unexpired term ending June 30, 2002. Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Mr. Levinson moved to appoint Dinah Stephenson as an alternate member to the Public Employees Relations Commission (PERC) for an unexpired term ending June 30, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.J. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint four (4) regular members to the Parking Management Advisory Board for two (2) year term ending January 31, 2004. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5). Mrs. Archer moved to appoint Francis Marincola (incumbent) as a regular member to the Parking Management Advisory Board for a two year term ending January 31, -13- 02/19/02 2004, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - No; Mr. Perlman - No. Said motion passed with a 3 to 2 vote. Mr. Levinson moved to appoint Nancy Lierle as a regular member to the Parking Management Advisory Board for a two year term ending January 31, 2004, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to appoint Howard Lewis (incumbent) as a regular member to the Parking Management Advisory Board for a two year term ending January 31, 2004, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt moved to appoint Joe Gillie as a regular member to the Parking Management Advisory Board for a two year term ending January 3 I, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.K. BOCA RATON AIRPORT AUTHORITY: Discussion regarding a bill to be entitled An Act relating to the Boca Raton Airport Authority. Mayor Schmidt announced there have been some efforts to not support the local bill in Tallahassee relating to the Boca Raton Airport Authority. Mayor Schmidt stated he spoke to Kathy Daley, City Lobbyist, who informed him that a compromise has been crafted in Tallahassee and the bill is going before the committee tomorrow because it was tabled last week. Mayor Schmidt stated he asked Ms. Daley if she felt if it would help in trying to get the compromise approved if the City were to take some formal action on this. Mayor Schmidt stated Ms. Daley feels it would indeed help. It was the consensus of the Commission to support a bill to be entitled An Act relating to the Boca Raton Airport Authority. At this point, the City Commission moved to Item 12, First Readings. 12._:. FIRST READINGS: 12.A. ORDINANCE NO. 6-02: An ordinance amending the Future Land Use Map (small scale) from GC (General Commercial) to MD (Medium Density Residential 5-12 du/ac) for a 0.763 acre parcel of land for Palm Grove Village, located at the northeast comer of Royal Palm Boulevard and North Federal Highway. If passed, a quasi-judicial public hearing will be scheduled for March 5, 2002. -14- 02/19/02 The City Manager presented Ordinance No. 6-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP FROM GC (GENERAL COMMERCIAL) TO MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) FOR A 0.763 ACRE PARCEL OF LAND FOR PALM GROVE VIIJJAGE AS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 6-02 is on file in the City Clerk's office.) The Assistant City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the property consists of Lots 1-5, Block A of the Royal Palm Gardens Plat #3 and contains 0.76 acres. The property currently contains a 2,363 square foot restaurant located on North Federal Highway called Mama Rosa' s. Mr. Dorling stated the amendment is being processed as a small scale amendment which is being done without regard to the statutory limit of twice a year required for full scale amendments. At its meeting of January 28, 2002, the Planning and Zoning Board considered this proposal and after discussion the Board voted unanimously 7-0 to recommend approval of this land use amendment based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Mr. Perlman moved to approve Ordinance No. 6-02 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer- Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 7-02: An ordinance rezoning from GC (General Commercial) in part, RM (Multiple Family Residential-Medium Density) in part, and RM (Multiple Family Residential-Low Density) in part to PRD (Planned Residential Development) for 4.623 acres for Palm Grove Village, located on the north and south sides of Royal Palm Boulevard, east of North Federal Highway. If passed, a quasi-judicial public hearing will be scheduled for March 5, 2002. The City Manager presented Ordinance No. 7-02: -15- 02/19/02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN PART, RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) IN PART, AND RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) IN PART TO PRD (PLANNED RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTH AND SOUTH SIDES OF ROYAL PALM BOULEVARD, EAST OF NORTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2001"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 7-02 is on file in the City Clerk's office.) The Assistant City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a rezoning for the same development, but for the parcels east of the commercial piece along Federal Highway. At its meeting of January 28, 2002, the Planning and Zoning Board considered this proposal and after discussion voted unanimously 7-0 to recommend approval of this request based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5 (D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Mrs. Archer moved to approve Ordinance No. 7-02 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 9-02: An ordinance amending Land Development Regulations Section 5.3.1(D)(4)(a) changing appeals of required right-of-way dedications from the Board of Construction Appeals to the City Commission. If passed, a public heating will be scheduled for March 5, 2002. The City Manager presented Ordinance No. 9-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 5.3, "DEDICATION AND IMPACT REQUIREMENTS", SECTION 5.3.1 (I2)) (4), "REDUCTION IN WIDTH", TO REFER AN APPEAL OF A RIGHT- OF-WAY DEDICATION REQUIREMENT TO THE CITY -16- 02/19/02 COMMISSION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 9-02 is on file in the City Clerk's office.) The Assistant City Attorney read the caption of the ordinance. At this point, Mr. Perlman left the dais. Paul Dorling, Director of Planning and Zoning, stated this amendment is being processed to refer an appeal of a right-of-way dedication requirement to the appropriate approving body, that being the City Commission, rather than the Board of Construction Appeals (BOCA). At its meeting of January 28, 2002, the Planning and Zoning Board considered this amendment and after discussion the Board voted 7-0 to recommend approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M). Ms. McCarthy moved to approve Ordinance No. 9-02 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 12.D. ORDINANCE NO. 10-02: An ordinance amending Ordinance No. 59-01 to make clear the intent of that ordinance that suits against the City will also cause extensions on development approvals. If passed, a public heating will be scheduled for March 5, 2002. The City Manager presented Ordinance No. 10-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTION (F), "EXTENSIONS", BY AMENDING PARAGRAPH (4), "LITIGATION PREVENTING CONSTRUCTION", TO PROVIDE FOR EXTENSIONS WHEN LITIGATION IS FILED AGAINST THE CITY TO PREVENT CONSTRUCTION RELATING TO A DEVELOPMENT APPROVAL; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-02 is on file in the City Clerk's office.) The Assistant City Attorney read the caption of the ordinance. -17- 02/19/02 Mrs. Archer moved to approve Ordinance No. 10-02 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 pm, the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 4-02: An ordinance amending Chapter 53 "Sanitary Sewers" of the City's Code of Ordinances and amending LDR Section 6.1.11 Sewer Systems, to comply with the Florida State Department of Environmental Protection (DEP) regarding industrial pretreatment and regulated sewage discharges. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 4-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.001, "PURPOSE", TO PROVIDE A REFORMATED VERSION; BY AMENDING SECTION 53.002, "POLICY AND SCOPE", TO PROVIDE AN UPDATED POLICY; BY AMENDING SECTION 53.003, "APPLICATION OF CHAPTER", TO ADD A PROVISION ON THE ADMINISTRATION OF CHAPTER 53; BY AMENDING SECTION 53.004 "DEFINITIONS", TO READ "ABBREVIATIONS; DEFINITIONS", TO PROVIDE NECESSARY ABBREVIATIONS AND DEFINITIONS; BY AMENDING SECTION 53.005 "COMPLIANCE WITH PROVISIONS OR MORE STRINGENT REGULATIONS", TO CLARIFY THE REGULATIONS TO BE COMPLIED WITH; BY AMENDING SECTION 53.006 "DISPOSAL OF SEWAGE OTHER THAN THROUGH REGIONAL FACILITIES", BY CLARIFYING WHICH FACILITY; BY AMENDING SECTION 53.024 "CONNECTING PRIVATE SEWAGE DISPOSAL SYSTEM TO PUBLIC SEWER", TO PROVIDE FOR CONNECTION TO SEWAGE DISPOSAL SYSTEMS; BY AMENDING SECTION 53.025 "COST OF MAKING CONNECTION", TO CLARIFY WHO IS RESPONSIBLE FOR THE COST OF CONNECTING TO THE SEWER SYSTEM; BY AMENDING SECTION 53.050 "DISCHARGE OF STORMWATER AND OTHER UNPOLLUTED DRAINAGE", TO CLARIFY A DEFINED TERM; BY AMENDING SECTION 53.051 "PROHIBITED DISCHARGES TO SEWERS", TO -18- 02/19/02 PROVIDE FOR THE PROHIBITION OF CERTAIN DISCHARGES; BY REPEALING SECTION 53.052 "DISCHARGE OF CERTAIN WASTES RESTRICTED", AND ENACTING A NEW SECTION 53.052 "NATIONAL CATEGORICAL PRETREATMENT STANDARDS", TO PROVIDE FOR PRETREATMENT STANDARDS; BY AMENDING SECTION 53.053 "PRETREATMENT, EQUALIZATION OF WASTE FLOWS" TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.054 "INTERCEPTORS", TO CLARIFY THE USE OF INTERCEPTORS BY CERTAIN BUSINESSES; BY AMENDING SECTION 53.056 "ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE" TO CLARIFY DEFINED TERMS; BY ENACTING SECTION 53.057 "OIL AND GREASE MANAGEMENT AND SURCHARGE PROGRAMS", TO PROVIDE FOR THE IMPLEMENTATION OF THE OIL AND GREASE MANAGEMENT AND SURCHARGE PROGRAMS; BY AMENDING SECTION 53.060 "COMPLIANCE", TO CLARIFY A DEFINED TERM; BY AMENDING SECTION 53.063 "EXCESSIVE DISCHARGE/WATER METER REQUIREMENTS", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.064 "PREVENTION OF ACCIDENTAL DISCHARGES", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.065 "WRITTEN REPORT REQUIRED DESCRIBING CAUSE OF DISCHARGE", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.067 "NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTES", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.080 "COMPLIANCE DATE REPORT", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.081, "PERIODIC COMPLIANCE REPORTS", TO READ "REPORTING REQUIREMENTS", TO PROVIDE ADDITIONAL REPORTING REQUIREMENTS; BY AMENDING SECTION 53.082, "INSPECTION AND SAMPLING", TO PROVIDE FOR ADMINISTRATIVE INSPECTION WARRANTS IN APPROPRIATE CASES; BY AMENDING SECTION 53.083, "INFORMATION AND DATA TO BE MADE AVAILABLE", TO PROVIDE ADDITIONAL INFORMATION REQUIREMENTS; BY ENACTING SECTION 53.084, "ANALYTICAL REQUIREMENTS", TO PROVIDE FOR POLLUTANT ANALYSES; BY ENACTING SECTION 53.085, "SAMPLE COLLECTION", TO PROVIDE SAMPLING TECHNIQUES FOR DISCHARGES; BY REPEALING SECTION 53.100, "SPECIAL PERMIT REQUIRED; TERM", AND ENACTING A NEW SECTION 53.100 "PERMIT REQUIREMENTS", TO PROVIDE FOR PERMIT REQUIREMENTS; BY REPEALING SECTION 53.101, "APPLICATION FOR PERMITS", AND ENACTING A NEW SECTION 53.101 "PERMIT APPLICATIONS", TO PROVIDE FOR ADDITIONAL INFORMATION FOR PERMIT -19- 02/19/02 APPLICATIONS; BY ENACTING SECTION 53.102, "PERMIT ADMINISTRATION", TO PROVIDE PROCEDURES APPLICABLE TO THE DISCHARGE PERMITS; AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", TO PROVIDE FOR A REVISED SEWER SURCHARGE LEVELS AND TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.140 "RIGHT TO ENTER PREMISES AND OBTAIN INFORMATION CONCERNING DISCHARGES", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.141 "SUSPENSION OF WASTEWATER TREATMENT SERVICE; NOTICE TO STOP DISCHARGE; FAILURE TO COMPLY", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.150, "NOTIFICATION OF VIOLATIONS", TO READ "NOTIFICATION OF VIOLATIONS; CONSENT ORDERS", TO PROVIDE FOR CONSENT ORDERS AS A REMEDY FOR NONCOMPLIANCE; BY AMENDING SECTION 53.152 "SHOW CAUSE HEARING", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.154 "RETENTION OF RECORDS REQUIRED" TO CLARIFY A DEFINED TERM; BY ENACTING SECTION 53.155, "AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATION" TO PROVIDE CERTAIN AFFIRMATIVE DEFENSES FOR A DISCHARGE VIOLATION; BY AMENDING SECTION 53.500 "ENFORCEMENT PLAN", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.999 "PENALTIES", TO CLARIFY A DEFINED TERM; AMENDING CHAPTER SIX "INFRASTRUCTURE AND PUBLIC PROPERTY", OF THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 6.1.11 "SEWER SYSTEM", TO PROVIDE REFERENCE TO CHAPTER 53 OF THE CODE OF ORDINANCES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 4-02 is on file in the City Clerk's office.) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. At this point, Mr. Perlman returned to the dais. Mayor Schmidt declared the public heating open. There being no one who wished to address the Commission regarding Ordinance No. 4-02, the public heating was closed. Mr. Perlman moved to adopt Ordinance No. 4-02 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - -20- 02/19/02 Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 5-02 (SECOND READING/SECOND PUBLIC HEARING): An Ordinance amending the Land Development Regulations Section 4.4.27(C) to add educational facilities as an accessory use in the OSR (Open Space and Recreation) zoning district. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 5-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.4.27, "OPEN SPACE AND RECREATION (OSR) DISTRICT", SUBSECTION (C) "ACCESSORY USES AND STRUCTURES ALLOWED", TO ADD EDUCATIONAL FACILITIES AS AN ACCESSORY USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 5-02 is on file in the City Clerk's office.) The Assistant City Attomey read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 5-02, the public hearing was closed. Prior to the vote, Mr. Perlman inquired about whether or not there is any word about a school at the Catherine Strong Center. In response, Mr. Dorling stated there has been some discussion in the past but he is not aware of anything specific. Mr. Levinson moved to adopt Ordinance No. 5-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 8-02 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations Appendix "A" Definitions to add a definition for bedrooms. If passed, a public hearing will be scheduled for March 5, 2002. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. -21- 02/19/02 The City Manager presented Ordinance No. 8-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING APPENDIX "A", "DEFINITIONS", TO ADD THE DEFINITION OF "BEDROOM"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 8-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public heating open. There being no one who wished to address the Commission regarding Ordinance No. 8-02, the public hearing was closed. Paul Dorling, Director of Planning and Zoning, stated this amendment is being processed for clarification purposes and to ensure required minimum parking and floor area requirements are met for multiple family developments. Parking and minimum floor area requirements for multi-family units are based on the number of bedrooms. A room designated on floor plans as den/study is not currently counted as a bedroom. However, Mr. Dorling stated in many instances it is utilized as such and the required parking and minimum floor area requirements for the unit are usually not met. Mr. Dorling stated some property owners have converted den/study areas to additional bedrooms, and have not met the minimum unit floor area requirement. At its meeting of January 28, 2002, and after discussion the Planning and Zoning Board voted 6-1 to recommend approval of the definition of a bedroom, based upon positive findings with respect to LDR Section 2.4.5(M) as noted in the Planning and Zoning Staff Report. Mrs. Archer commented that the definition of a bedroom also includes a "loft". Mrs. Archer explained that it could be possible to have a loft that is greater than 70 square feet but is indeed a loft or almost a hallway between actual bedrooms. Mrs. Archer asked if this would then be considered a room used for sleeping and therefore a bedroom. In response, Mr. Dorling stated per the definition, a loft would be classified as a bedroom as long as it is a minimum of 70 square feet. Mr. Dorling stated the only time this would affect the parking is if there were a one-bedroom unit and there were a loft or den/study in which case the parking requirement would go from 1 ½ to 2 spaces. Mrs. Archer moved to adopt Ordinance No. 8-02 on FIRST READING/FIRST PUBLIC HEARING, seconded by Mr. Perlman. Upon roll call the Cormnission voted as -22- 02/19/02 follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. ll.A. City Manager's response to prior public comments and inquiries. With regard to Mr. Smith's presentation at the last meeting regarding the City's need for bicycle facilities, the City Manager stated the bike lanes on A-1-A have been constructed by the Florida Department of Transportation (FDOT). Recently, the City Manager stated the City of Delray Beach adopted a Landscape Maintenance Agreement for the section up as far as the Linton Bridge which will be constructed within the next year and then in subsequent years will eventually go through the entire City. The City Manager stated as FDOT does the work they are making provisions for bicycles and commented that this is nothing the City of Boca Raton had anything to do with. The City Manager stated Objective D-2 under the Transportation Element of the Comprehensive Plan states, "Facilities which accommodate the use of bicycles as an alternative means of personal transportation shall be assessed and required during development review." The City Manager stated Policy D-2.1 states, "Bicycle traffic shall be accommodated in the design and construction of Collector and Arterial roadways. These improvements are to emphasize safer bicycle movements (e.g. 14-foot outside travel lanes) rather than providing separate bicycle facilities and lanes. The City, by adoption of this policy, requests that such improvements be included in all projects undertaken per Florida Department of Transportation or the County Five-Year Road Program, as well as the City's Capital Improvement Program." The City Manager stated if someone desires to have bicycle lanes instead of the wider outside lane, the Comprehensive Plan would have to be changed. Secondly, the City Manager stated bicycle parking facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the transportation concurrency exemption area. The City Manager stated there is some designated bike lanes in the City i.e. when North Federal was rebuilt FDOT installed the designated bike lanes from George Bush Boulevard North into Boynton Beach. The City Manager stated one of the fun things about his job is trying to connect people together. The City Manager commented he is the Chairman of Seminole District for Boy Scouts. The City Manager was informed by Mr. Russ Mawson, Boy Scout Master that his unit was rebuilding some computers and asked if there was someone he could donate the computers to. The City Manager stated people in Moshi asked for the computers so the Sister Cities Committee was able to arrange the transportation of the computers to Moshi, Tanzania. ll.B. From the Public. ll.B.I. Kevin Warner, 248 Venetian Drive, in the interest in keeping the issues in front of the voters this election season and on behalf of Gerry Franciosa, Mr. Warner invited Mrs. Archer to two debates. Mr. Warner stated the League of Woman Voter's supports this and are willing to help establish a format for the debates. Mrs. Archer stated she will have to review this and will be happy to respond. -23- 02/19/02 ll.B.2. Stanley Milosky, 610 Allen Avenue~ stated he lives in the North Federal Highway area and feels residents have done a good job trying to clean up the area. Mr. Milosky stated the residents in the area like The Palm Grove Village idea and The Estuary and commented that they have worked very hard to get these types of places in their neighborhood in addition to other things with little help from the City. Mr. Milosky expressed concern over the dirt created by the construction. Mr. Milosky stated a few years ago when Kokomo Key was being built Mr. Parker who was on the Planning and Zoning Board stated "we never know when things can change". Mr. Milosky suggested that the City erect a wall or fence so the residents who currently live in this area will not be hindered. Mr. Milosky suggested for Code Enforcement to monitor the area and make an attempt to keep everything wet when the contractor uses big machinery. Mr. Milosky emphasized the homes of the residents are backed up against this project and urged the Commission to help the residents keep this area clean. 11.B.3. Kenneth Carruthers, 248 W. Coral Trace Blvd., inquired whether the City has entered into an agreement without public knowledge with the Baker Family, M&P Concrete Company, Temple Sinai, and the owners along the strip south of Breezy Ridge Estates. In addition, Mr. Carmthers inquired about the costs being subsidized by Delray Beach taxpayers. Mr. Carruthers suggested that the City authorize another survey and ask the citizens if they would like full disclosure. Mr. Carruthers asked how the City can justify burdening the taxpayers for an ill advised project which he feels is the wrong site for this project. Mr. Carmthers stated he would like answers to his concerns expressed this evening and distributed a list of the figures and methodology of those figures to the City Clerk. The City Manager reported about the status of the contracts and stated that the City Commission has not been presented with, nor considered, nor seen any contracts on any of the parcels to which Mr. Carmthers has referred to. However, the City Manager stated there are active ongoing negotiations. 11.B.4. Patricia Zimmerman, 2551 S. Coral Trace Circle, stated residents of the Coral Trace subdivision have spoken nothing but the truth and have provided the Commission with an expert analysis of the demographics of the Tare Property, shared names dates, and documents. Ms. Zimmerman stated there are sites other than the Tare Property where Atlantic High School could be built. Ms. Zimmerman feels the Tate Property is overcrowded and stated the City will have to culvert the canals, make bridges for the students to crossover, put in additional traffic lights, reconstruct sidewalks and install emergency access roads. Ms. Zimmerman stated there are approximately 265 families in the Coral Trace development and stated there are two streets (one street takes residents in to Coral Trace from Atlantic Avenue and one street that takes residents out). Ms. Zimmerman stated this is supposed to be an emergency access road and expressed concern because most of the time residents only have the option of making a right hand turn or cut across the westbound traffic on Atlantic Avenue. ll.B.5. Deborah Benneth 137 Seabreeze Avenue, expressed concerns similar to that of Mr. Carruthers and asked where the extra money will be coming from for the relocation of Atlantic High School. -24- 02/19/02 ll.B.6. Anthony Vocolo~ stated he has had several conversations with the Commission and has received the same answer about their awareness of the cost estimates being proposed on the Tate for the relocation of Atlantic High School. Mr. Vocolo stated he can see this going down a path of projects that are completed in other cities and states where the project is completed and ends up costing $30 million over budget thus the taxpayers are held responsible. Secondly, Mr. Vocolo expressed concern over the condition of the way the Tate site was left. Mr. Vocolo stated some residents cannot open their windows, mounds of dirt are not being wet down, and the dust is horrendous. Mr. Vocolo urged the Commission to help the residents in the community. 13._.:. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney. The City Attomey had no comments or inquiries on non-agenda items. 13.C. City Commission. 13.C.1. Commissioner McCarthy Ms. McCarthy commented that she had the opportunity to go to five different locations in Delray Beach with the new voting machines and the response has been very positive. Ms. McCarthy stated Theresa LePore has been very supportive and instrumental in approving sites for the demonstrations of the voting equipment. 13.C.2. Commissioner Perlman Mr. Perlman thanked City staff and some residents for the cards and calls expressing their sympathy and condolences and stated he sincerely appreciates it. Secondly, Mr. Perlman stated he read in the newspaper about the Boca Raton Police Department trying to get a training center in South County off the ground for law enforcement and inquired if the City of Delray is in the mix of discussions with that. The City Manager stated the City is in the mix of discussions for both Police and Fire. Mr. Perlman announced that there will be a Palm Beach County School Board Meeting tomorrow and commended City staff for all their hard work. -25- 02/19/02 ~ w~ e~ 13.C.3. Commissioner Levinson Mr. Levinson stated the Palm Beach County League of Cities is hosting a luncheon on Wednesday, February 27, 2002 at the Delray Beach Golf Club and feels it would be nice if the Commission could attend this luncheon meeting. 13.C.4. Commissioner Archer improve. Mrs. Archer extended her sympathy to Mrs. Schwartz and hopes she will Secondly, Mrs. Archer commented about the Sister Cities Awards this evening and stated she is pleased that our community is working to assist the students in Moshi, Tanzania. Mrs. Archer commented about the new boat at Veteran's park and wants to make sure that these boats meet all of the Coast Guard requirements, that they pass all their inspections, that they meet all the City terms of the lease in the number of passengers they can'y, that they operate from the City's dock, and that appropriate ticket facilities are offered at the local docks in Delray Beach not Deerfield. Lastly, Mrs. Archer stated she received notice from the Metropolitan Planning Organization (MPO) concerning the fact that they have a Citizen's Advisory Committee to which there are two openings. One opening is a vacancy for a physically challenged individual and the other opening is a vacancy for a minority citizen representative. Mrs. Archer stated the City of Delray Beach has been asked to submit any nominations concerning these appointments. 13.C.5. Mayor Schmidt Mayor Schmidt stated Ms. McCarthy asked him to remind people that EPOCH is hosting a fundraiser on Friday, February 22, 2002 at 6:00 p.m. at the Delray Beach Golf Club and tickets are $30 each. The "Commission Roast" will benefit the S.D. Spady Museum and the Black History Tribute honoring Spencer Pompey. Mayor Schmidt stated EPOCH would appreciate the Commission attending and supporting their efforts. at 7:40 p.m. There being no further business, Mayor Schmidt declared the meeting adjoumed City Clerk -26- 02/19/02 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on February 19, 2002, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions. -27- 02/19/02 WHEIH~.AS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews were the primary victims - six million were murdered; Gypsies, the handicapped, and Poles were also targeted for destruction or decimation for racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of war and pohtical dissidents, also suffered grievous oppression and death under Nazi tyranny; and WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments; and WHEREAS, we the people of the City of De[ray Beach, Florida, should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny, and WHEREAS, we the people of the City of De[ray Beach, Florida, should actively rededicate ourselves to the principles of individual freedom in a just society; and WHEREAS, the Days of Remembrance have been set aside for the people of the City of De[ray Beach, Florida, to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, April 7 through Sunday, April 14, 2002 including the international Day of Remembrance known as Yom Hashoah, April 9, 2002. NOW, THEREFORE, I DAVID W. SCHMIDT, Mayor of the City of De[ray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of Sunday, April 7 through Sunday, April 14, 2002 as DAYS OF REMEMBRANCE In memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Dekay Beach, Florida, should strive to overcome intolerance and indifference through learning and remembrance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of De[ray Beach, Florida, to be affixed this 5~' day of March, 2002. DAVID W. SCHMIDT MAYOR WHEREAS, the Palm Beach County Literacy Coalition, the Public Libraries of Palm Beach County and BookFest, Inc., Quantum Foundation, the School District of Palm Beach County, and the Palm Beach Post have organized a countywide reading campa~n; and WHEREAS, the campaign will kickoff on March 15, 2002 at the Love of Literacy Luncheon at the Breakers with actor Danny Glover; and WHEREAS, Read Together Palm Beach County: One Book, One Community, is a campaign to involve all adult residents and senior high school students of Palm Beach County in reading and discussing one book during the same time period; and ~[rI-tEREAS, the public was invited to suggest tides for the book to be selected for the campaign, and the book is Fahr~nhdt 451 by Ray Bradbury and libraries and bookstores have abundant copies of this book available; and WHEREa~, the goal is to connect various communities in our county in reading, thoughtful discussion, and meaningful interaction among all our citizens with events at libraries, bookstores, schools, service organizations, homeowner's groups, churches, synagogues, restaurants, and individual homes; and WHEREAS, through Read Together Palm Beach County, government, business, and community leaders can join in the first endeavor in the history of Palm Beach County with the potential of reaching every single family. NOW, THEREFORE, I DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim April 2002 as READ TOGETHER PALM BEACH COUNTY MONTH in the City of Delray Beach, Florida, and call upon all dtizens, business firms, and organizations to join in with active participation, support, and encouragement. 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 5e' day of March, 2002. DAVID W. SCHMIDT MAYOR [ITY OF OELRI:IV BErlEH CITY ATTORNEY'S OFFICE 1993 POLICE LEGAL ADVISOR 300 W ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/'243-7823 · FACSIMILE 561/243-7815 POLICE LEGAL ADVISOR MEMORANDUM To: Mr. David Harden, City Manager From: Date: Catherine M. KoZOlo~/4_~~ Police Legal Advis February 21, 2002 Re: Traffic Enforcement Agreements Attached for your review and insertion on the Consent Agenda are two originals of the Clearbrook Estates Homeowners Association Traffic Enforcement Agreement. The Agreement will allow the Police Department to enforce state and local traffic laws on the private roads of Clearbrook Estates. The Department feels that allowing enforcement of state and local traffic laws will enhance our presence in the area and have a more direct impact on crime in that area. The Association will pay $1.00 per month to cover the costs of enforcement and will add the City as an additional insured on the liability insurance policy for $100,000.00. A copy of the Certificate of Insurance is attached. If this agreement meets with your approval, please place this on the Consent Agenda at the next Commission Meeting. When both copies have been signed, I would appreciate it if you would return them to me for forwarding to the Homeowner's Association. Thank you for your courtesy and attention. Ath/encs. cc: Susan Ruby, City Attorney [ITY DF I]ELAI:IY BEFIgH CITY ATTORNEY'S OFFICE 1993 POLICE LEGAL ADVISOR 300 W ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 501/243-7823 · FACSIMILE 561/243-7815 MEMORANDUM Date: February 13, 2002 To: From: Chevelle Hall, Executive Assistant Catherine M. Kozol, Police Legal Advisor Re: Clearbrook Estates Homeowners Association Traffic Enforcement Agreement Enclosed please find two original Traffic Enforcement Agreements. would appreciate it if you would have the City Clerk attest to the Mayor's signature by signing where indicated and return a signed original to me for forwarding to the Homeowner's Association. If you have any questions, please do not hesitate to contact my office. Thank you for your courtesy and attention. Ath/encs. CLEARBROOK HOMEOWNERS ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") through its Police Department, wishes to make its Community Policing efforts in Clearbrook as effective as possible; and WHEREAS, the CLEARBROOK HOMEOWNER ASSOCIATION (hereinafter referred to as "ASSOCIATION") is desirous of the enforcement of state and municipal traffic laws on its property; and WHEREAS, both the CITY and the ASSOCIATION feels that such enforcement will make the Community Policing effort a more positive influence on the community; and WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enforcement on private roads pursuant to a written agreement approved by the CITY Commission which provides for reimbursement for actual costs of traffic control and enforcement liability insurance and indemnification and other terms as are mutually agreeable by the parties. Now, therefore, for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The CITY does hereby agree to enforce all state and municipal traffic laws on all private roads owned by the ASSOCIATION. 2. The enforcement of the traffic laws will occur 24 hours, 7 days a week. 3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to cover the actual costs of the traffic control and enforcement incurred by the CITY. 4. The ASSOCIATION shall defend, indemnify and hold harmless the CITY, its agents, officers, officials and employees from any and all claims, suits, causes of actions or any claims whatsoever made adsing from any and all acts of traffic control and traffic enforcement that occur on the ASSOCIATION's property following the date of this agreement. Nothing herein shall be deemed a waiver of the privileges and immunities granted to the CITY under F.S. 768.28. This indemnification shall survive the cancellation of this agreement. 5. The ASSOCIATION shall provide liability insurance to cover the indemnification in the amount of $100,000 and name the CITY as an additional insured. 6. This agreement shall take effect upon execution and approval by the Delray Beach City Commission and the CLEARBROOK I HOMEOWNER ASSOCIATION and shall continue in full force and effect until rescinded by either party. Under no circumstances may this agreement be renewed, amended, or extended except in writing. 7. Either party may cancel their participation in this agreement upon delivery of 30 days written notice to the other party. Cancellation will be at the direction of the subscribing party. 8. In any action brought to enforce any provision of this agreement, the prevailing party shall be entitled to the relief sought plus all costs incurred and reasonable attorney's fees. 9. The ASSOCIATION, by signing below, affirms that they have read and understand this agreement and that they have been given the opportunity to have the attorney of their choice review this agreement.  agreement made and entered into on this ,2002. / ~'~ day of BY:'~--~--~]' ~'~'~.~~7/-"BY:City of Delray Beach, Florida City of Delray Beach Clearbro~Lgmeowner Association by Mayor David Schmidt by Anthon"y Ferriere, President. ATTEST: City Clerk Approved as to form and legal ~ .01/2.q./2002 22: aB '::JSaCj§BcjB2B RMO r-i STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois O STATE FARM GENERAL INSURANCE COMPANY, Blom~ington, Illinois F'~ STATE FARM FIRE AND CASUALTY COMPANY. Scarborough. Ontario [] STATE FARM FLORIDA INSURANCE COMPANY, Winb~ Haven, Florida [] STATE FARM LLOYDS, Dallas, Taxes Name of policyholdar C~-~ML6ROOK H0tlEO~RS ASSN Addre6s (Wpoficyftold~r c/o RESIDENTIAL HANAGEMENT CONCEPTS, 23123 St~ 7, BOCA EATON, Loclltionofopl~at~orts 2705 N CLI~.ARBROO]( CIR, DELRAY BEACH, FL 33442 OescripliOn of operations gogsowt~i~RS ASSN. PAGE Bi FL 33428 The ~ liM~l below have been bsued to I~e policyho~0er for ~ policy podoo~ show~. TI~ Insuranoe des~ribegl in these policies I$ m~ to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. TYPE OF INSURANCE This insur~ce includes: Business I.i,~ility ~ ' ......................... Contractual Liebility undergnx~ Hanrd Coverage Personal Injury Explosion Hazard Coverage Collapse Hazerd Coverage Pouc'Y PERJ0D ' LIMrI~ OF LIABILITY BODILY INJURY AND PROPERTY DAMAGE CITY OF DSLRAY BEACh 300 # &TLANTIC AVE. DELR~Y B~J~CB, FL. 33444 1~4E ¢~.A111~ATE OF INSURANCE IS NOT A CONTRACT OF INgURANCE AND NH I m:k A~PmmuiATIVELY NOR N~*GATIVELY AMENOS. EXTEND9 OR ALTERS THE COVERAGE APPROVED BY ANY POUCY DESCRIBED HEREIN. If any of the described policies are canceled before its expiration date, State Fefln ~iil try to mall a written notice to tho c~rb'r.:am holder 3o days befom no oblioatlon ~' liability will be imposed off State POUCY NUIIliER 95-K7-6460-7 Workers' Compensation and Employers Uobilit~ TYPE OF IN~UI~NCE BUSINESS LIAB. 01/01/02 i 01/01/03 $1,000,000 (Combined Single Umit) Eoch Occun'mce $ A0g~. ~ $ Part 1 STATUTORY Part 2 BODILY INJURY Each Accident $ Disease Each Employee $ Disease- Policy Umit $ LIMITS OF MABIUTY (~t beginning of policy pedod) T~  STATE FARM INSURANCE AFO ( 766~ L~o Wo~tl Road Lake Wroth, FL 33467 (581) 9~8-3011 !-'1 Umbrella [] [] 0 [] [] EXCESS LIABILITY BODILY INJURY AND PROPERTY DAMAGE Each Occurrence $ Gena'al Aggregate $ Products- Completed $ Operations Aggregate I:IT¥ OF OELRI:I¥ BEIII:H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wnter's D~rect Line' 561/243-7091 1993 DATE: February 21, 2002 MEMORANDUM TO: FROM: City Commission Brian Shutt, Assistant City Attorney SUBJECT: A.qreement Between the City and Florida Teleport Inc. The City has requested bids on the construction of a pipeline across the Intracoastal Waterway. As an alternate to the bid the City has also requested bidders provide a price for the construction of another pipeline crossing to be used by Florida Teleport. The attached agreement provides that if Florida Teleport decides to use the alternative bid, they must provide and amount 10% greater than the amount of the bid to the City prior to the award of the contract. This agreement also provides that Florida Teleport shall assume full maintenance responsibility for the pipeline crossing. By copy of this memorandum to David Harden, our office requests that this item be placed on the March 5, 2002 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Dan Beatty, Deputy Director of Public Utilities AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND FLORIDA TELEPORT~ INC. FOR REIMBURSEMENT OF CONSTRUCTION COSTS THIS AGREEMENT entered into this ~ day of ., 2002, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (herein~er referred to as CITY) and FLORIDA TELEPORT, INC., (hereinafter referred to as FTI) and provides as follows: WHEREAS, the CITY wishes to construct a sewer main pipeline across the intracoastal waterway (ICW); and WHEREAS, FTI also wishes to have a pipeline constructed across the ICW in order to carry its telecommunications cables; and WHEREAS, FTI has requested that the CITY include in its bid the cost for the construction of FTI's pipeline as an alternate bid item; and WHEREAS, FTI has agreed to pay the CITY for all costs incurred in the construction of FTI's pipeline crossing. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FTI and CITY hereby agree as follows: 1. INCORPORATION OF RECITALS The above-stated recitals are incorporated as if fully set forth herein. 2. BID AWARD AND ACCEPTANCE The CITY has requested bids for Project No. 2001-014, which shall include the construction of FTI's pipeline as an alternate bid item. Within ten (10) days of the deadline for receipt of bids for Project No. 2001-014, FTI shall notify the CITY in writing of its intent to accept the alternate bid price and proceed with the construction of its pipeline. The CITY, in its sole discretion, shall determine the award of the bid and may approve or reject any or all bids. 3. FTI RESPONSIBLE FOR COST AND FUTURE MAINTENANCE FTI shall pay to the CITY the full amount of cost required to install the second pipeline crossing. If some unforeseen condition arises that increases the cost of the construction of the FTI pipeline crossing, FTI shall be responsible for any increase in cost. In no event shall the CITY be responsible for any cost or increase in cost or other expense associated with the construction of FTI's pipeline. FTI shall pay to the CITY an amount equal to 10% greater than the full cost of the FTI pipeline as provided in the bid award ten (10) days prior to the contract being awarded to the successful bidder by the CITY. The CITY shall notify FTI in writing, fifteen (15) days prior to the awarding of the contract, of its intent to award the contract and the amount that FTI shall pay to the CITY. If FYI fails to make payment to the CITY within the required time period, the CITY shall not include the alternate bid (the construction of FTI's pipeline) in the award. The CITY shall refund to PTI any funds, provided to the CITY by FTI, that were not expended for the construction of the FTI pipeline at the conclusion of the project. FTI shall be solely responsible for the maintenance of its pipeline crossing. No future maintenance work shall be performed by FTI, its agents, successors or contractors that would damage, harm or impair the CITY's pipeline crossing. 4. INDEMNIFICATION FTI shall defend, indemnify and hold the CITY harmless from any claims, suits, damages, causes of action or any other forms of liability that are brought against the CITY, its employees, agents, contractors and assigns arising out of the construction of the FTI pipeline. FTI agrees that it will not file suit, claim or other action 2 against the CITY as a result of any defect, error or omission in the construction that was performed by the CITY's contractor. 5. COMPLIANCE WITH CONTRACT The CITY shall require ~ the contractor to comply with all the terms and conditions of the contract, including the one year warranty period as. described in Article 13 of the General Conditions of the Comract. In the event there is a dispute between the CITY and FTI regarding compliance with the contractual terms by the contractor, the CITY, in its sole discretion, shall determine whether or not the contractor has complied with the contract. 6. GOVERNING LAWS~ VENUE Any claims, lawsuits or disputes that may arise under this Agreement shall he governed by the Laws of Florida, with venue in Palm Beach County, Florida. 7. INTEGRATION~ AMENDMENTS This Agreement constitutes the entire agreement and understanding of the parties. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must he in writing and executed by both parties. 8. SIGNATURE REQUIRED This Agreemem shall not be valid unless and until signed by the Mayor and attested to by the City Clerk. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH By:. David Schmidt, Mayor STATE OF ,~,~/9C/d ~- COUNTY OF /~,oln.-, ~e'ac,l- The foregoing instrument was acknowledged before me this /7~' day of ~e2¥~c.r~/ , 2005 by Dave Brache, as Chief Executive Officer, of Florida Teleport, Inc., a /~/o,-, o' c,- (state or place of incorporation) corporation, on behalf of the corporatior~ He/ghe-is personally known to me er bo__: pr_~_,_,eed type of identifiemion) as identification. .,~~~~_ ~ 4 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~0.. -REGULAR MEETING OF MARCH 5, 2002 COMMAND SECURITY CORPORATION MARCH 1, 2002 This is before the Commission to consider approval of the agreement between the City of Delray Beach and Command Security Corporation. The corporation will manage the administralaon of Off-Duty Police Work for the City of Delray Beach Police Department. Command Security will administer non-City sponsored, off-duty police details including requests for services, scheduling work, confirmation of completion along w~th maintaining logs and completing 1099's for the individual officers. Also, the corporation will invoice clients, administer payment to officers, prom& management reports, and purchase receivables from independently contracted officers. The City will be paid $5,010.00 for a portion of the services which are completed by the Delray Beach Police Department staff. The corporation will admimster the program in accordance with City policies and Police Department General Order Number 530. Recommend approval of agreement with Command Security Corporation. S \City Clerk\agenda memos\chevelle folder\Secunty Agmt 03 05 02 AGREEMENT This Agreement dated this th day of 2002, by and between the CITY OF DELRAY BEACH, a municipal corporation in the State of Florida hereinafter referred to as the "City" and COMMAND SECURITY CORPORATION, hereinafter referred to as the "Contractor", a New York corporation with an office at RT 55, Lexington Park, Lagrangeville, New York 12540. This agreement is governed by Florida law. WITNESSETH: WHEREAS the Contractor has proposed to the City that Contractor manage the administration of Off-Duty Police Work for the City's Police Department; and WHEREAS the City has need for these services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: The 1. SCOPE scope of work to be performed by the Contractor will be as follows: Contractor will provide administration of Non-City Sponsored Off Duty Police Detail, including requests for service, scheduling work and confirming completion. a. Approval by the City of another entity's request for security does not constitute a City sponsored event, unless the City declares the evem as a City Sponsored Event and the security is paid for by the City. 2. Contractor will invoice clients, administer payment to officer for receivables, and process all approved client invoices in Contractor's name. 3. Contractor will provide payment of Five Thousand and Ten Dollars ($5,010.00) per year for administrative personnel involved in administration of the off-duty police details. Contractor will pay the Five Thousand and Ten Dollars ($5,010.00) divided in equal payments of Four Hundred and Eighteen Dollars to City of Delray Beach. 4. Contractor will provide management reports specifying hours worked by location, client and officer. 5. Contractor will purchase receivables from independently contracting officers when properly signed offby the officer and the client. The Contractor will own receivables and will, with the approval of the City, determine appropriate prepayment terms for service users and provide collection management report, including finance charges for late payments. 6. Contractor shall administer program in accordance with City policies and Police Department General Order Number 530 attached hereto and may be periodically amended. This contract is in accordance with General Order Number 530 and provides no change in the manner in which Non City Sponsored Off Duty Police Details are distributed to employees. A. OVERVIEW The Contractor will handle off-duty service requests, coordinate the scheduling of approved independent contracting officers and other administrative aspects of the program. Additionally, the Contractor will purchase invoices fi.om independent contracting officers and provide associated payment to the officers and supervisors engaging in off duty assignments. Contractor will provide administrative services for management of the program, invoices to clients and regular reports to be used by the City for analysis of the extra duties provided by Police officers. Contractor will compile total annual hours worked by each officer and provide each officer a 1099-tax form in a timely manner for all officers who have provided 1-9 and W-4 forms to Contractor. This form will provide officers with their gross annual income fi.om the services rendered under the program; it is understood that the officers are operating as independent contractors and are not employees of Command Security Corporation. It is the responsibility of each officer to report all income fi.om off duty service with filing his/her tax return. Contractor will provide regular reports to be used by the City for the analysis of the extra duties provided by police officers. The City will provide Contractor with a list of approved officers for this program, a list of approved users and guidelines for this work. This paragraph is an overview of the program and the specific terms of the agreement are as provided in the entire agreement. B. SCHEDULING The City will provide lists of approved officers and approved sites along with the duty schedule of the officers no later than one week prior to proposed work. Contractor will prepare schedule through computerized system and provide schedule to officers as soon as possible and to the Police Department no later than 24 hours before the work is commenced. Contractor will provide a contact person for officers and clients to process requests and to modify schedules. C. PAYMENT Each week, the Contractor will enter information into the Contractor's computer including all of the hours submitted as worked by the officers and verified with client signature .'All submissions by the officers will be signed by the officer and the client. Contractor will secure advanced payment authorization fi.om the client if an on-site representative will not be available to sign the officer's invoice, verifying hours worked and job completion. The officer will then assign the receivable to Command Security Corporation. Every Monday the information will be "closed- off" for the prior weeks work; submissions not completed by that time will not be processed. Completion will mean the work verification signed by the officer and the user with an acknowledgement of the assignment of the receivable. The Contractor will process payment for eligible requests for that period; payment will be provided on the Friday after for the work ending the prior Sunday the Contractor will prepare reports from the computer-transferred information. Only completely verified and signed off invoices will be purchased. D. BILLING Based on information entered into the computer and/or faxed to the Contractor, the Contractor will prepare in its standard format, all weekly invoices and mail them directly to the customers. E. REPORTS The Contractor will provide the following reports to the City each week for the previous week: 1. Invoice Register 2. Payment Register 3. Accounts Receivable Aging Report 4. Cash Application Report 5. Copies of invoices sent to customers 6. A record of ali work performed in the prior week by officer, location and client. F. HOLD HARMLESS Contractor shall indemnify and hold the City harmless for all errors or omissions of Contractor in the performance of Contractor's duties provided under this Agreement, and shall pay all costs; claims of any kind including City costs and attorney's fees at trial or appellate levels. G. CHARGES AND PAYMENTS For the management services and receivable financing, for police officers service each week, the Contractor will pay independently contracting officer s for their receivable mount and withhold six percent (6 %) of the gross billings for Contractor's service fee. H. CASH STATEMENT The Contractor will send the City a weekly cash statement and a check on Friday of each week, which will be the net dollar effect of the prior week's activity. The Contractor will send a letter to all of the City's customers stating that the Contractor is authorized to send invoices on behalf of the City and that all payments are to be sent to the Contractor's lock box. On the bottom of each invoice will appear the following message. "Remit to: Command Security Corporation, 135 S. LaSalle, Dept. 6194, Chicago, IL 60674-6194. This invoice has been assigned to our Financing Organization. Upon reasonable prior written notice to the City, the Contractor will change the message and ,direct that payments be sent to another lock box designated by the Contractor or state that such invoice is property of a third party identified by the Contractor who provides financing to the Contractor. I. GENERAL Neither the City nor the Contractor will be responsible for acts of God (hurricanes, floods, etc.) nor items beyond their control (power failures, etc.), however, both the City and the Contractor will make every effort in an urgent manner to correct the problems and difficulties caused by such acts. Both the City and the Contractor are obligated to continue on the same terms and conditions of this agreement for one-year option to renew. Either of the parties may end this agreement with or without cause upon sixty (60) days written notice to the other provided however, the City may terminate immediately if contractor fails to follow City policies or General Orders procedure. During the term of this Agreement the City will not use any other entity to perform special duty officer scheduling, payroll or billing services outside this agreement provided the Contractor is not in default of this agreement. In addition to other provisions, this agreement can be ended if either City or Contractor is unable to maintain or renew any permit or license necessary to do business. It is understood that Contractor is not City's employee nor the employer of any of City's personnel. If any part of this agreement proves to be invalid, all the rest of the agreement shall remain in effect. This is the entire agreement and there are no representations nor promises that are not included herein. The Contractor will permit the City to review, at any time, all work performed under the terms of this Agreement at any stage of the work. K. BOOKS AND RECORDS The Contractor will maintain or cause to be maintained all records, books, or other documents relative to charges, including charges for extra work, alleged breaches of Agreement, settlement of claims, or any other matter involving the Contractor's demand for compensation by the City for a period of not less than three years from the date of the final payment for work performed under this Agreement. Contractor will provide to the City these records upon request. L. DISPUTES Any controversy or claim arising under this agreement will be governed under Florida law with venue in Palm Beach County, Florida. M. This Agreement will be enforceable once executed by the parties. N. The parties do not intend to create any rights for any third parties not signatures to this Agreement. O. The City does not waive its sovereign immunity by entering into this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Witnessed By: Authorized By: CITY OF DELRAY BEACH by: .... DELRAY BEACH POLICE DEPARTMENT COMMAND SECURITY CORPORATION by: ~~;z~ Approved as to form and MEMORANDUM TO FROM: SUBJECT: David T. Harden City Manager Joseph M ~ Director of Financ~L~' Agenda Request- Community Improvement/Planning and Zoning Departments-- Web-Enabled Interactive Software Joint Applicabon Development Agreement with Government Technology Resources, Inc DATE: February 26, 2002 Attached is a Joint Application Development Agreement between the City of Delray Beach and Government Technology Resources, Inc. for the development of a web-enabled software package for the Commumty Improvement and Planning and Zoning Departments. This package ~s currently being developed by Dennis Harward, founder of HTE, and should be finished in August 2002 This software will Include full interactive services to ~nclude voice response, payments on-line, occupational licensing, code enforcement and permitting services. This package is being offered to the City at a bargain price due to our long-term relationship with Mr. Harward. We budgeted $38,900 for interactive voice response software and th~s package is being offered to the City for $25,000. The package includes full ~nteractive voice response in addition to conversion of the entire Community Improvement and Planning and Zoning Departments to this interactive, web-enabled software. Additionally, savings will be realized as a result of th~s purchase in the area of annual software maintenance fees currently being paid to HTE for our present software package. We are paying over $10,000 annually for this software maintenance. We would request City Commission approval of this Joint Application Development Agreement between the City of Delray Beach and Government Technology Resources, Inc, ~n the amount of $25,000 for the development of this web-enabled software package for Community Improvement Funding is available in 334-6112-519-66 10. /sam Attachment (Joint Application Development Agreement) cc: Susan A. Ruby, City Attorney Government Technology R E S 0 U R C E S Joint Application Development Agreement Agreement Number: '1008 Date: 2/28102 CUSTOMER NAME AND ADDRESS: City of Delray Beach, Florida 100 N,W. t"~ Avenue Delrey Beach, FL 33444 (Customer named above is hereinafter referred to as "Customer") I ; THIS GOVERNMENT TECHNOLOGY RESOURCES, INC. JOINT APPLICATION DEVELOPMENT AGREEMENT (the "Agreement"), is made and entered into this 26th day of February, 2002, by and between GOVERNMENT TECHNOLOGY RESOURCES, INC. ("GTR") of 13501 Ingenuity Dr. Orlando FI. and Customer. GTR and Customer agree that all services to be provided by GTR to Customer hereunder shall be furnished only under the terms and conditions of this Agreement and its 'Schedule (s)". WHEREAS, GTR is a technology product and service firm spemahzing in government sector providing certain technology software products and services that GTR has developed and owns, and WHEREAS, Customer has special knowledge of the government software solubon requirements and desires to pa~cipate in a Joint Application Development Project (JAD) wth GTR and, WHEREAS, GTR desires to participate with Customer in the JAD Project pursuant to the terms and conditions contained herein. NOW THEREFORE, in consideration of the mutual promises contained herein, it is agreed to as follows' 1. Definition of Terms. As used herein: I I "Application(s)" means the base software component(s) developed to which Customer has requested and paid therefor according to the terms and conditions as listed on attached "Schedule(s)", including, but not limited to, license(s) to use the software component(s) programs and related documentabon, and any modifications thereto. 1.2 "Agreement" means this JAD Agreement including all schedules attached hereto I 3 "JAg Project" means the development of specific soft, ware applications as defined ~n the "Schedule(s)" attached hereto and ~ncorporated hereto by th~s reference. 1 4 "Customer" means a participant and end-user of the software applications developed through the "JAD Project". 1 5 "Schedule(s)" means an attachment(s) to this Agreement, which is a part of this Agreement for all purposes 1.6 "Components" means the base software Appflcation(s) developed to which Customer has requested and pa~d therefor according to the terms and cond~bons as hsted on attached "Schedule(s)". ~. Application Development. GTR shall develop and provide to Customer those software Application ("Components") described on the attached "Schedule(s)". The Application Components shall be for Customer's sole use and not for any third party. 2.1 Completion Date: GTR shall provide the Components to Customer by the date specified on the attached "Schedule(s)" 2 2 "Needs Analysis" and "Specifications": GTR shall complete with Customer a thorough needs analys~s and specifications identification to fully comprehend the business proce.ms and software functJonality necessary for the development of the new software component(s). 2.3 Optional Services Assistance. GTR shall, if requested by Customer and a written Amendment to th~s Agreement is executed by both Partes, provide optional services and customization described on the attached 'Schedule(sT. 3. Term of Agreement. This Agreement shall be effective upon execution by both parties and shall continue in force through completion of services described in the "Schedule(s)" unless earlier terminated in accordance with the terms set forth herein. 4. Charges for Services. Customer shall compensate GTR for their services in accordance with those specifications set forth in the attached "Schedule(s) ". GTR shall bill no costs or services to Customer which are not specifically set forth ~n this Agreement or its attached schedule(s). 4.1 The Customer shall pay any applicable sales, use, excise, value-added, or other tax or govemmental charges imposed on the licensing or use of the software Application component(s). Government Technology R E S 0 U R C E S 5. GTR's Obligations. To assist Customer by developing the required appl~cations as defined ~n the attached "schedule(s)" GTR w~ll: 5 1 provide all base software component(s) Applications, including changes, updates, and modifications thereto, and services necessary for operation of said software developed by GTR dunng the JAD Project as defined on the attached "Schedule(sT. 5.2 perform Needs Analysis and Specifications identification to fully determine the required functionality and processes 5.3 perform document Needs Analysis and Specifications and present to Customer for mutual acceptance 5.4 provide efficient communication, testing, and training accessibility dudng the JAD Project 5.5 provide project management services throughout the JAD Project 5.6 provide Application support and system support throughout the JAD Project. 5.7 either provide C..ustomer with all source code produced pursuant to this Agreement or ensure that such source code is placed in escrowat113"is prowded to Customer in the event that GTR either dissolves, ceases to exist, goes out of business, or for an, y other reason is unable to properly support the completed application(s). 6. Customer's Obligations. In ~:der to enable GTR to perform its obligations hereunder, and as a condition precedent to GTR's obligations to perform hereunder, Customer shall: 6.1 within ten (10) days following the execution of this Agreement designate a pdmary and a secondary contact, including telephone numbers and e-mail addresses; 6.2 exercise all due diligence in the performance of its obligations hereunder in connection with the execution of this agreement. 6.3 provide the committed resources to ensure the accuracy and timely completion of all required Needs Analysis and Specifications 6.4 thoroughly review all Needs Analysis and Specifications documentation and acknowledge and note mutual acceptance thereof 6.5 participate in all required testing and training as deemed necessary to ensure the compliance and adherence to all required functionality and processes as defined and documented throughout the Needs Analyms and SpecificaUons process. 7. Representations, Warranties and Umitation of Liability. 7.1 GTR represents that it is the owner of all Applications developed by GTR and is authorized to license the right to the use of such software component(s). 7.2 GTR warrants that the Apphcation(s) will perform in substantial compliance with the requirements of the customer as defined in the Needs Analysis and Specifications. GTR warrants that in the provision of services hereunder, GTR will use employees, agents or contractors who are adequately trained and who possess the requisite skills and professional knowledge to provide the development and support assistance in the development and utilization of the Applications. 7.3 In the event an Application is found to not substantially conform to its then-current documentatJon, Customer shall so advise GTR and GTR shall diligently pursue resolution of the discrepancy between the Appl~cabon and its documentabon. 7.4 IN NO EVENT SHALL GTR BE LIABLE TO CUSTOMER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING UNDER THIS AGREEMENT. In no event shall GTR be liable to Customer for other damages ansing under this Agreement unless such damages result from intentional misconduct or gross negligence on the part of GTR's officers or employees, in which event GTR's aggregate liability under the Agreement will be limited to the lesser of either (a) actual damages resulting directly from such conduct, or (b) the amount of Fees actually paid to GTR by Customer hereunder this Agreement. 7.5 The Application component(s) software and documentatJon constitute an unpublished work and contain valuable trade secrets and proprietary ~nforma~on belonging to GTR THE PROVISIONS HEREOF ARE IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED AND WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE. 8. Confidentiality of Customer's Information. 8.1 GTR acknowledges that Customer regards as confidential and as a proprietary asset any information or materials that come to the attention of GTR by reason of (a) the presence of GTR's agents, employees, or representatives at Customer's site, or (b) GTR furnishing services to Customer in connection with this Agreement (such information, matenals, and records collectively being referred to as "Customer's Confidential or Proprietary Information"). 8.2 GTR agrees to safeguard Customer's Confidential or Proprietary Information by holding it in strict confidence, disclosing it only to those employees, agents or contractors who have a need to know in order to provide ser~ces as agreed upon. In the event that a subpoena or other legal process that in any way concerns Customer's Confidential and Proprietary Information is served upon GTR, then GTR agrees to notify Customer in the most expeditious fashion possible following receipt of such subpoena or other legal process, and GTR will reasonably cooperate with Customer, as requested by Customer, to contest the legal validity of such subpoena or other legal process (provided that Customer agrees to pay any expense GTR recurs in so doing). 8 3 GTR agrees to take all reasonable steps to prevent the disclosure, publication or dissemination of Customer's Confidential or Proprietary Information to any other person or entity, except where and to the extent specifically required by law. 8.4 The provisions of this Section 8 shall survive termination of this Agreement Government Technology R E S O U R C E S 9 Intellectual Property. 9.1 All computer programs, including the Applications, related documentation, written procedures, copies of transcripts, and similar items are proprietary to and shall be considered trade secrets and confidentJal informabon remaining the property of GTR. Customer agrees that, other than those disclosures and records required to be made or maintained pursuant to Flonda's Sunshine Law, it will not d~sclose to any third party at any time (e~ther dunng or after termination of th~s Agreement) any trade secrets or any other secrets or confidential information learned by Customer in conne~on with this Agreement. All documentabon shall be returned to GTR upon termination of th~s Agreement All onginal ~nput data items remain the property of Customer and will be returned pursuant to Customer's instructions, so long as Customer is not in breach of this Agreement. Customer shall retain or destroy all odginal input documentation and other documentabon in accordance vath its own procedures. 9.2 The provisions of this Section 9 shall survive termination of this Agreement. 10. Termination. / ~ 10.1 This Agreement'may be terminated by either party within the first 30 days after execution and thereafter upon 60 days written notic~t..Customer will pay all amounts due and payable under this Agreement to the effective date of termination. Customer'may retain the deliverables completed as of the date of termination. 10.2 In the event of a breach of this Agreement by either party that is not remedied within 10 days after delivery of written nol~ce of such breach, the aggrieved party may terminate this Agreement by written notice to the other. 10.3 Upon termination of this Agreement for any reason, the parties shall use their best efforts to return to the other party, an orderly and expeditious manner, such information, documents, and other tangible and intellectual property that belongs to that party 10.4 Customer's obligation to pay any and all fees or other monies hereunder shall survive termination of this Agreement. 11. Notices. Any notice, request, demand, or other communication required or permitted hereunder w~ll be given in writing, commumcation charges prepaid, to the party to be notified. All communications will be deemed given when received. The addresses for the parties for the purposes of such communicabon are: If to Customer If to GTR: To the address shown on Page 1 of this Agreement. Government Technology Resources, Inc. 13501 Ingenuity Ddve, Suite 100 Orlando, Flodda ATTENTION: Conbacts/Legal Counsel A party may change its address only upon written notice to the other party in .which case this Agreement wll be deemed to have been so modified. 12.Governing Law/Dispute Resolution. This agreement shall be governed by, construed, and enforced under and in accordance w~th the Laws of the State of Florida. In the event of any litigation arising under or construing this Agreement, venue shall lie only in Seminole County, Florida. Prior to either party commencing any legal action under this Agreement, the part~es agree to try in good faith, to settle any d~spute amicably between them. If any dispute arises between the par'aes either relabng to this agreement or ,n any way arising out of this agreement then the complaining party shall provide a not~ce of such dispute, in wnting, to the other party. Such nobce shall include both a specific description of the disputed issues and suggested action(s) to remedy such dispute. The Parties shall thereafter attempt, ~n good faith, to settle such dispute. If no resolution of the dispute ~s reached within forty-five (45) days of the notice of dispute, then either party may pursue any legal remedy it may have available including instituting suit ~n a court of competent junsdiction. 13. Assignment Neither party shall have the power to assign any of the duties or rights or any claim adsing out of or related to the Agreement, whether arising in tort, contract, or otherwise, without the written consent of the other party. These conditions and the entire Agreement are binding on the heirs, successors, and assigns of the parties hereto. 14. No Third Party Beneficiaries. This Agreement gives no nghts or benefits to anyone other than GTR and Customer 15. Force Majeure. Neither party shall be in default by reason of any failure in the performance of this Agreement if such failure adses out of causes beyond its reasonable control. Such causes may include, but are not limited to, acts of God, acts of the public enemy, acts of government in either its sovereign or contractual capa~ty, acts of the party whose performance is not sought to be excused, fires, flood, weather, epidemics, quarantine resbicflons, sthkes, freight embargoes, failure of transmission or power supply, mechanical difficulties with equipment which could not have been reasonably forecasted or provided for, or other causes beyond ~ts sole control The party so affected ~11 resume performance as soon as pracbcable after the force majeure event terminates. 16. Contractual Documents. This Agreement, along with its attached uSchedule(s), contains the complete agreement between the parties with respect to the subject matter hereof. No additional representations, agreements or modifications or amendments to this Agreement hereafter made by a party shall be binding upon either party unless a written Amendment to this Agreement is entered into by the parties 17. Entire Agreement. This Agreement and attached "schedule(s) contain the entire understanding of the parties with respect to its subject matter, and supersedes and extinguishes all prior oral and written commumcations between the parties rela'ave to ~ts subject matter. · Government Technology R E S 0 U R C E $ 18. Signature Authority. Each party represents and warrants to the other that the signatory of that parJy is authorized to enter into this Agreement for and on behalf of that party. Accepted by: City of Delmy Beach, Florida Government Technology Resources, Inc. By: By: Autho/rized Signature Type or Print Name and Title Authorized Signature Type or Print Name and Title Date Date Government Technology R E S 0 U R C E S Services: SCHEDULE"N' Initial Services 1. JAD Project Parbcipation for the following software Apphcation component(s). · Code Enforcement · Building Permits · Business Licenses · Planning & Zoning 2. Needs Krk31y~ and Specification identification 3. Component Implementation and Training 4. Interface sQ, p. port for GIS, imaging, and Voice Response Compensation: 1. 2 3 4. Timing: Costs for JAD Project Participation and Base Component Development and Delivery · Code Enforcement · Building Permits · Business Licenses · Planning & Zoning Needs Analysis and Specificabon identification Component Implementation and Trmning Base CompOnent $6,250 Base Component $6,250 Base Component $6,250 Base Component $6,250 Total $25,000 Included in JAD Project Participation Fee Customer shall pay to GTR, for JAD Project Participation and development and delivery of all Base Components specified in Paragraph I of this Section, a total amount of twenty-five thousand dollars ($25,000) The parties understand and agree that such amount represents the total amount of compensabon payable by Customer to GTR for any and all services rendered, costs incurred, and materials provided pursuant ~ this Agreement unless the parties agree to and enter ~nto a written Amendment to this Agreement. 5 Customer shall pay to GTR eighteen thousand, seven hundred, and fifty dollars ($18,750) at the time of execution of this Agreement, such amount represenbng seventy five percent (75%) of the total amount of compensation payable by Customer to GTR for JAD Project Participation and development and delwery of all Base Components specified in Paragraph I of this Section. Customer shall also pay GTR six thousand, two hundred, fifty dollars ($6,250) at the time of such delivery and acceptance of all Base Components specified in Paragraph I of this Section, such amounts constituting the remaining twenty five percent (25%) of the total amount of compensation payable by Customer to GTR for JAD Project Participation and development and delivery of all Base Components specified in Paragraph 1 of this Section. 6. GTR provides the customer a Satisfaction Guarantee for a period of one year from date of base component product dehvery to customer for each base component product delivered. Should customer not be satisfied with the base component product(s) during the one-year period, GTR will return to the customer the dollar amount paid for such base component product(s) that do not meet the customer's satisfaction. 7. Customer may request, through written Amendment to this Agreement, that GTR provide annual maintenance services for the base components delivered through this Agreement. If Customer requests such services, then GTR agrees that the annual amount charged by GTR to Customer for such services shall not exceed 20% of the ongmal software component purchase price. The above Services will begin immediately upon execution of this Agreement. Each JAD project will be assigned mutually agreed upon start and completion dates by GTR and the Customer. The JAD project described in 'Schedule" "A" is to be completed no later than one-year from date of Agreement and "Schedule" "A" execubon Accepted by: City of Delray Beach, Florida By: Authorized Signature Type or Print Name and Title Date Government Technology Resources, Inc. By: Authorized Signature Type or Print Name and Title Date AGENDA ITEM NUMBER: AGENDA REQUEST Date: 02-22-02 Request to be placed on: X Consent Agenda __ Special Agenda __ Workshop Agenda When: 03-05-02 Description of agenda item: Approval of a Joint Application Development Agreement Between the City of Delray Beach and Government Technology Resources, Inc, in the amount of $25,000 for the development of a web-enabled software package for Commumty Improvement. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO X YES NO Recommendation: Approval is recommended by the Finance Director, MIS Manager and Community Improvement Director. Determination of Consistency City Attorney Review/Recommendation (if applicable): Been forwarded to the City Attorney for review. A copy of the Agreement has Budget Director Review (required on all items involving expenditure of funds): Funding available: Funding alternatives (if applicable): Account Number: Yes X No 334-6112-519-66.10 Account Description: Software Account Balance: *(Once budget transfer is City Manager Review: Approved for Agenda: Hold Until: $175., 000'* processed) No Agenda Coordinator Review: Received: Action: Approved: D~sapproved: P.O. # TO: THRU: FROM: SUBJECT: D.~ID T. ~AI~OE~N, CITY MANAGER ROBERT G. TEFFT, PLANNER MEETING OF MARCH 5, 2002 ***CONSENT AGENDA*** ACCEPTANCE OF A LANDSCAPE MAINTENANCE AGREEMENT FOR THE ESTUARY II. The action requested of the City Commission is acceptance of a landscape maintenance agreement for The Estuary II, located on Royal Palm Boulevard, east of North Federal Highway. At its meeting of August 8, 2001, the Site Plan Review and Appearance Board (SPRAB) approved a Class IV Site Plan Modification request for The Estuary II, subject to conditions. The proposal included the addition of 22 units to the previously approved 82 unit townhouse development (The Estuary), and the installation of associated landscaping. One of the conditions of approval was that a landscape maintenance agreement be executed to install landscaping (hedges, shrubs, palms) within the north side of the Royal Palm Boulevard right-of-way. The City Attorney's Office has reviewed the agreement for legal sufficiency and form, and determined it to be acceptable. By motion, accept the landscape maintenance agreement for The Estuary II. Attachments: Location Map Landscape Plan Landscape Maintenance Agreement Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. Ist Avenue Delray Beach, FL 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this ] ~' day of .. ~ ~ br'~..~c~,'-~ ., 200~_ by and between the City of Delray Beach, Florida ("City") and ,_~C..~'~' ~'or-~-~t'~ ("Owner"). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of-way of go~b~. ~.~ ~a~ut~vzarr~ pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public fight-of-way of ga~'z,t. ~,~,~.~ Eout~¥m:o; and, WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreemem, and ather good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represem and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maimenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attach'ed hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. 4. The Owner hereby agrees to maintain the plantings in the right-of-way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cm the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To 2 maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from ,the landscaped areas in the right-of-way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of-way by the Owner. 7. If for any mason the City decides that it needs the right-of-way of or for any other public purpose this Agreement shall 3 terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. 8. The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right-of-way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be/'ecorded in the Public Records of Palm Beach County and shall nm with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ATTEST: By: City Clerk Approved as to legal form: By: City Attorney day of ..... ,200_. CITY OF DELRAY BEACH, FLORIDA By: Mayor 4 WITNESSES: (Print or Typic Name)~ · (P~ or ~e N~e) STATE OF /~' / COUNTY OF (Print or Type Name) The foregoing instrument was acknowledged before me this /~' day of F~' ~ ,200;_ by 5~(o ?~ ~ ~ot~7-c-to (name of officer or agent), of /°or' r~r~ co 2'"r~C' (name of corporation), a /=/,,. .. (State or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced not take an oath. (SEAL) (type of identification) as identification and did/did Signature of Notary Public - State of ~-/_ ® ® ® I I LLI I I I ®1 ,{ TO: FROM: SUBJECT: PA~UL~DT~~_CITY MANAGER lNG, D~ECTOR OF PLANNING AND ZONING MEETING OF MARCH 5~ 2002 ** CONSENT AGENDA** AUTHORIZATION TO PROCEED WITH THE ANNUAL SEA TURTLE MONITORING ACTIVITY WITH JOHN FLETEMEYER FOR A MAXIMUM RATE OF $27,304.20. In June, 1994 the City Commission approved an amendment to the letter agreement with Dr. John Fletemeyer for the sea turtle conservation project. The agreement was for four years at an annual cost of $9,844.20. On March 4, 1997 this agreement was amended to include an additional six weeks of monitoring as required by Florida Department of Environmental Protection. This amendment extended the current turtle monitoring contract through October of 2000 at an annual cost of $13,444.20. Monitoring commences each year from March 1st and continues until the end of the sea turtle hatching season (October 31). A request was received and approved on February 25, 2000 for a contract extension at no increase in costs. The extension permitted some long range planning and the continuation of the program at its current level of commitment until the end of year 2004. With the current construction of the 4th beach renourishment project additional sea turtle monitoring permit requirements have been imposed. These requirements include the establishment and monitoring of control areas both north and south of the renourishment area (involves areas outside the city limits) and analysis of nests for hatchling success. These additional requirements along with additional time associated with maneuvering around construction areas and potential nest relocation permit requirements will increase the annual cost for this year an additional $13,860 to a maximum cost of $27,304.20 (see attached invoice). Funds are available in the Beach Restoration Fund (Act # 332-4164- 572-34.90) and are partially reimbursable from State and Federal sources. Recommend authorization of the Sea Turtle monitoring activity for 2002 not to exceed $27,304.20. Attachments Invoice additional services Feb-15-02 12:05P AquaticA * Dr Fletemeyer 305 463-9060 P.02 Invoice Additional work requirements as defined by permit tasks and time required for the 2002 Delray Beach Sand Renourishmem Project TO Mr Paul Doffing / Planning and Zoning Dept FROM. John Fietemeyer DATE February 12, 2002 Description/Tasks Extension of the project area to include comrol sites that equal the project site (3/4 hr per day, March- Oct 212 days Additional momtoring time during project involving walking project area & driving around pipes and discharge) { I hr, per day @ 60 days Nest Hatch Monitoring and Nest content analysis (April-June, 1 hr per day @ 90 days) (July-Sept., 3 hrs. per day @ 92 days) 4 Hatchling release (50 nests 2 5 hrs per nest) 5 Compilanon of nest hatch data for report Time 159 hfs 60 hrs 90 hrs 186 hrs i 25 hrs. I 0 hrs TOT.aL ADDITIONAL HOURS 630 hrs AMOUNT 630 hrs. @ $ 22.00 hr $ 13. 860 O0 Feb-15-02 12:05P AquaticA * Dr Fletemeyer 305 463-9060 P.01 Feb. 6, 2002 Mr Paul Dorling Planning and Zoning Dept. 100 NW 1 ~ Ave. Delray Beach, Florida 33444 Dear Mr Dorling, On Tuesday February 5 and on Tuesday February 12, 2002, I had conference calls with Dr Robin Trindell, the head of DEP'-s Protected Species Division The purpose of these calls was to determine what is required to satisfy the sea turtle monitoring reqmrements as they relate to the the Deiray Beach sand nourishment proJect scheduled to be~n~the very near future Dr Trindeil indicated that the control areas should be of equal length north and south of the project area. Regarding the south control, this will expand the monitoring area to include an area immediately south of the Delray Beach city limit Regarding the sampling number, she indicated that about half of nests should be subjected to analys~s, but she stated that she would contact me via E-mail to provide me with the exact numerical requirement This translates to about 100 nests In addition to the work required to monitor each nest on a daily basis and the excavating them and examining their contents with in the statistical content analysis required by the state. hve turtle hatchlings found in nests must be maintained in a special holding facility and then released at night the following day. As I mentioned to you during a recent phone conversation and during the mobilization/con- tractor's meeting that was in Boca Rotan, the sea turtle work required by the permit conditions for the Delray Beach Nourishment conditions significantly exceeds the work requirement that currently under contract by the city to conduct Based on the specifications of the permit conditions that we discussed in Boca Raton and based on my conversation with Dr Trindell and her subsequent E-mail, 630 additional hours will be required Please refer to the enclosa~invome that lists each task required by the DEP and the time that will be required to compete them To conduct this project as defined in the RFP. I will need approximately 14 days to mobilize Since the nesting season officially beings March I, 2002. it ~s imperative to respond to my request for this contract extension at your earliest possible convenience Sincerely, 'Dr John R Fletemey[~v2 Request to be placed on: XX Consent Agenda When: March 5, 2002 Description of agenda item: AGENDAITEM NUMBER: AGENDA REQUEST Special Agenda Workshop Agenda Authorization to proceed with the annual sea turtle monitoring activity with John Fletemeyer for a maximum rate of $27,304.20. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO X NO Recommendation: Approve the authorization of the Sea Turtle monitoring activity for 2002 not to exceed $27,304.20. Department Head Signature: ~~ ~' Determination of Consistency with Comprehensive Plan: ~) City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): / Funding available: Yes V/ No Funding alternatives: ACCount Number: ccount Description: Account Balance: City Manager Review: (if applicable) Hold Until: Agenda Coordinator Review: Received: Action: Approved No Disapproved P.O.# MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM'~{~'- REGULAR MEETING OF MARCH 5, 2001 RESOLUTION NO. 18-02 DATE: March 1, 2002 This is a resolution assessing costs for abatement action required to remove nuisances on twenty-five (25) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 18-02. S/AgmemoCE.Res.No. 18-02 RESOLUTION NO. 18- 02 A P. ESOLUTION OF T~ CITY ~)MMIBBZON OF THE CITY OF DBLP. AY BEACh, FLORIDA, PURSUANT TO ~R 100 OF ~ ~DE OF O~ZN~S OF ~ CZ~ OF D~L~Y B~, ~SESSZNG ~STS FOR ~ATZNG ~IS~S ~ON ~RTAIN ~(S) LO~TED Wi~IN ~ CI~ OF DEL~Y B~ ~ PROVIDIN~ ~T A ~TZ~ OF LI~ S~L ACCO~ ~ ~TZCE OF ASSES~ ~ZNQ O~ A~ ~STS IN~ BY ~ CI~ TO AC~LISH ~ ~T~ ~ L~IN~ ~ ~ST OF SU~ ~AT~ OF ~IS~CES~ PRO~DIN~ FOR ~ EFFE~ DATE ~ FOR A D~ DATE ~ I~E~ST ON ASSES~S~ PROVIDIN~ FOR ~ ~CO~ OF ~IS ~SOL~ION, ~ DEC~IN~ SAID L~ TO BE A LI~ ~ON ~ ~~ PROPER~ FOR ~AID ~BES~S · WHEREAS, the City Manager or his desi~nated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances~ and, W~EREAS, pursuant to 8action 100.20, 100.22 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his desi~nated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition hy abating such nuisance, and that the cost thereof would he levied as an assessment against said property~ and, ~a~EAS, the property owner(s) named in the list attached hereto and mede a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time 14--4ts prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time desi~nated at the hearing wherein a decision was rendered adverse to the property ~wner(s)~ and, WHEREAS, the City of Delray Beach, through the City ~4nistration or such agents or contractors h~red by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and Anaurred costs £n abating the subject nuisance(s) existing thereon as described in the notice~ and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, aubm/tted to the City Commission a report of the costs incurred in abating said nuisance(s) aforesaid, said report indicating the costs par parcel of land involved; and, as WHEREAS, the City Ccnsm/ssion of the City of Delray Beach, pursuant to Chapter 100 of the Coda of Ordinances desires to sisals the cost of said nuisance(s) against said property owner(s), NOW, TI~I~FORE, BE ZT R~SOLVED BY T~E CZTY CC~4M~SSZON OF T~ CZTY OF DELEAY BEACh, FLORIDA, A~ FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report ~d in the ~mount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) o£ land described in said report, of the s&ma nature and to the same extent as the lien for general city taxes and aha11 be collectible An the same manner as mortgages and foreclosures ara under state law. Section 2. That such assessments shall be legal, valid and binding obl£gations upon the property against which said asselsments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to tho owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the city C~ission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% par annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing data of the notice of said assessment(s), after which a lien shall be placed on maid property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings ara necessary, the costs of such proceedings including a reasonable attorney,s fee. Section 5. That in the event that payment has not been received by ~he City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clark is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the data and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's faa. 2 Pcs. No. 18-02 PASSED AND ADOPTED in ~egular session on this the · 2002. day o£ MAYOR ATTEST City Clerk Res. No. 18-02 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER AssESsMENT DELRAY BEACH HEIGHTS, LOT 9, BLOCK 4, PB25, P 186, PUBLIC RECORDS OF PALM JAMES E. CLINTON BEACH COUNTY, FL 821 SW 10TH AVENUE (821 SW 10TH AVENUE) DELRAY BEACH, FL 33444 PC # 12 43 46 20 04 004 0090 CUST ID # 8883 $127.70 $ 25.00 ADM/REC REVISED ROSEDALE pARK PARCEL A, PB 1, P 3, PUBLIC RECORDS OF FIRST STREET REALTY, LLC PALM BEACH COUNTY, FL c/o LOUIS CARBONE, PA (1710 - 1800 NORTH FEDERAL HWY) 65 NE 4TH AVENUE PC # 12 43 46 09 14 000 0010 DELRAY BEACH, FL 33483 CUST ID # 8761 $ 171.35 $ 25.00 ADM/REC sOUTHRIDGE, LOT 22, BLOCK 10, PB 13, P 31, PUBLIC RECORDS OF PALM BEACH SAMUEL N. LOPEZ & COUNTY, FL LIDIA LOPEZ (ZEDER AVENUE) 32 NW 24TH AVENUE PC # 12 43 46 20 13 010 0220 DELRAY BEACH, FL 33445 CUST ID # 6516 $ 50.45 $ 25.00 ADM/REC SOUTHRIDGE, LOT 23, BLOCK i0, PB 13, P 38, PUBLIC RECORDS OF PALM BEACH COUNTY, FL SAMUEL N. LOPEZ & (ZEDER AVENUE) .IDIA LOPEZ PC # 12 43 46 20 13 010 0230 32 NW 24TH AVENUE CUST ID #6516 DELRAY BEACH, FL 33445 ~ $. 50.45 ADM/REC $ 25.00 TOWN OF DELRAY, S 50 FT OF N 227 FT OF W 135 JOSEPH PRICE FT OF BLOCK 2, PB 1, P 3, PUBLIC RECORDS PO BOX 1432 OF PALM BEACH COUNTY, FL BARNWELL, SC 29812 (231 NW 8TH AVENUE) PC # 12 43 46 16 01 002 0160 CUST ID # 7258 $ 58.18 $ 25.00 ADMIREC Res. No. 18-02 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE TOWN OF DELRAY, S 50 FT OF N 200 FT OF EDWIN C. IVY W 120 FT OF BLOCK 25, PB 1, P 3, PUBLIC 519 SW 15TH TERRACE 'RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (NW 5TH AVENUE) PC # 12 43 46 16 01 025 0210 CUSTID# 181 $ 65.90 $ 25.00 ADMIREC PINEWOOD HEIGHTS DELPAY, LOTS 26 & 27, BLOCK B, PB 14, P 44, PUBLIC RECORDS OF FRANK L. HOWARD 3ALM BEACH COUNTY, FL 3804 LATIMER DRIVE '1026 SW TTH AVENUE) AUSTIN, TX 78732-2204 3C # 12 43 46 20 20 002 0260 CUST ID # 6570 $ 65.90 $ 25.00 ADM/REC ATLANTIC GARDENS DELRAY, LOT 23, BLOCK 6, PB 14, P 63, PUBLIC RECORDS OF PALM E. & HENRY WILSON BEACH COUNTY, FL PO BOX 1676 (142 SW 11TH AVENUE) DELRAY BEACH, FL 33447 PC # 12 43 46 17 23 006 0230 CUST ID # 262 $ 65.90 $ 25.00 ADM/REC SOUTHRIDGE, LOT 17, BLOCK 7, PUBLIC RECORDS ROBERT L. GRIFFIN II, TR OF PALM BEACH COUNTY, FL PO BOX 1270 (617 SOUTHRIDGE ROAD) FORT PIERCE, FL 34954-1270 PC # 12 43 46 20 13 007 0170 CUST ID#6515 $ 50.45 $ 25.00 ADM/REC MONROE SUB, LOT 23, BLOCK 12, PB 14, P 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FL DOROTHY J. BUTLER & (620 NW 1ST STREET) PAUL JONES, JR. PC # 12 43 46 17 01 012 0230 1117 SW 8TH STREET CUST ID # 65 DELRAY BEACH, FL 33444 $ 65.90 $ 25.00 ADM/REC W 1/2 OF LOT 1 & N 19 FT OF W 1/2 OF LOT 2, 'BLOCK 1, PB 23, P 173, PUBLIC RECORDS OF IRENE LA ROCK, ET AL 'PALM BEACH COUNTY, FL 3064 ANGLER DRIVE (1101 SW 9TH AVENUE) DELRAY BEACH, FL 33444 PC # 12 43 46 20 22 001 0012 CUST ID # 7810 $ 65.90 $ 25.00 ADM/REC Res. No. 18-02 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER ,,,THE CODE OF ORDINANCE ~OUTHRIDGE, LOT 16, BLOCK 7, PB 13, P 38, PUBLIC RECORDS OF PALM BEACH COUNTY, FL MICHAEL D. GRIFFIN (623 SOUTH RIDGE ROAD) 1985 15TH STREET SW PC # 12 43 46 20 13 007 0160 ~VERO BEACH, FL 32962-1621 CUST ID # 9325 $ 50.45 $ 25.00 ADM/REC SOUTHRIDGE, LOTS 18 TO 20, INC & E 1/2 OF ABND CENTRAL AVE LYG W OF & ADJ TO BLOCK 10, JUNIUS E. RILEY, TR PB 13, P 38, PUBLIC RECORDS OF PALM 4338 MAURICE DRIVE BEACH COUNTY, FL DELRAY BEACH, FL 33445 (SOUTHRIDGE ROAD) PC # 12 43 46 20 13 010 0180 CUST ID # 9324 $ 96.13 $ 25.00 iADM/REC SOUTHRIDGE, LOTS 18 TO 20, INC & E 1/2 OF ABND CENTRAL AVE LYG W OF & ADJ TO BLOCK 10, JUNIUS E. RILEY, TR PB 13, P 38, PUBLIC RECORDS OF PALM 4338 MAURICE DRIVE BEACH COUNTY, FL DELRAY BEACH, FL 33445 (SOUTHRIDGE ROAD) PC # 12 43 46 20 13 010 0180 CUST ID # 9324 $ 74.90 $ 25.00 ADM/REC SUNDY & CROMER AMND PL, LOT 17, BLOCK 70, (OLD SCHOOL SQUARE HISTORIC DISTRICT) ADU AHMED PB 6, P 17, PUBLIC RECORDS OF PALM 148 SE 1ST AVENUE BEACH COUNTY, FL DELRAY BEACH, FL 33444 (148 SE 1ST AVENUE) PC # 12 43 46 16 34 070 0170 CUST ID # 9322 $ 30.90 $ 25.00 ADM/REC ATLANTIC PARK GARDENS, DELRAY, LOT 19, J.D. & EARLINE MONROE IBLOCK 2, PB 14, P 56, PALM BEACH COUNTY, FL 33 EARLE STREET (39 SW 13TH AVENUE) HARTFORD, CT 06120-1714 PC # 12 43 46 17 18 002 0190 CUST ID # 258 $ 65.90 $ 25.00 ADM/REC 6 Res. No. 18-02 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER _THE CODE OF ORDINANCE SECTION 17-46-43, E 50 FT OF W 583 FT OF JACQUEL DAWSON S 140FT OF N 165 FT OF N 1/2 OF NW 114 OF SW 114 c/o ANNAS RETREAT OF NW 1/4, PB 1, P 3, PUBLIC RECORDS OF ESTATE TUTU # E-7 ~ALM BEACH COUNTY, FL ST. THOMAS, US, VI 00802 (1410 NW 2ND STREET) PC # 12 43 46 17 00 000 3080 CUST ID # 256 $ 58.18 $ 25.00 ADM/REC SECTION 17-46-43, W 135 FT (LESS N 80 FT, S 200 FT & W 25 FT RD R/W) & S 50 FT OF N 180 FT OF E 15 FT OF W 150 FT AS IN VINCENT VASQUEZ OR 6254, P 911, PB 1, P 3, PUBLIC RECORDS '401 SW 1ST COURT OF PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33435 (119 NW 12TH AVENUE) PC# 12 43 46 17 42 006 0241 CUST ID# 9389 $ 65.90 " $ 25.00 ADM/REC REPLAT DELRAY BEACH HGTS EXT SECTIONS A & B, LOTS 3 TO 6 INC, BLOCK 3, PB 1, P 3, STONE STATION FLORIDA, INC. PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12508 NW 18TH COURT i(SW 15TH AVENUE) PENBROKE PINES, FL 33028 PC # 12 43 46 20 29 02 0030 CUST ID # 9391 $ 202.10 $ 25.00 ADM/REC ATLANTIC GARDENS DELRAY, LOT 1, BLOCK 9, ANNIE M. WATT & PB 14, P 63, PUBLIC RECORDS OF PALM MAGGIE L. WATT BEACH COUNTY, FL 336 SW 5TH AVENUE (SW 11TH AVENUE) DELRAY BEACH, FL 33444 PC # 12 43 46 17 23 009 0010 CUST ID # 129 $ 105.80 $ 25.00 ADM/REC TOWN OF DELRAY, LOTS 34 & 35 & S 1/2 OF 36, BLOCK 15, PB 1, P 3, PUBLIC RECORDS OF RUBY JONES PALM BEACH COUNTY, FL 618 SW 5TH AVENUE (234 SW 6TH AVENUE) DELRAY BEACH, FL 33444 PC # 12 43 46 16 01 015 0340 CUST ID # 9394 $ 74.90 $ 25.00 ADM/REC Res. No. 18q~2 COST OF ABATING NUISANCES UNDER CHAPTER t00 UNDER THE CODE OF ORDINANCE MONROE SUB, LOT 21, BLOCK 4, PB, PUBLIC RUDOLPH CARTHWRIGHT & RECORDS OF PALM BEACH COUNTY, FL CELESTIN CARTWRIGHT (706 & 706.5 NW 1ST STREET) 34 SW 8TH AVENUE PC # 12 43 46 17 01 004 0210 DELRAY BEACH, FL 33444 CUST ID # 6680 $ 58.18 $ 25.00 N::)M/REC TOWN OF DELRAY, N 1/2 OF E 1/2 OF LOT 16, BLOCK 30, PUBLIC RECORDS OF PALM ELIJAH FELIX DELANCY, JR. BEACH COUNTY, FL & JULIA, RACHEL AND (146 SW 4TH AVENUE) FRANCES DELANCY PC # 12 43 46 16 01 030 0162 470 DEKALB AVENUE CUST ID # 81 BROOKLYN, NY 11205 $ 48.18 $ 25.00 ADM/REC ODMANNS SUB., LOT 18, BLOCK 4, PUBLIC E. HARRISON & RECORDS OF PALM BEACH COUNTY, FL LUCILLE HARRISON (40 SW 13TH AVENUE) CIO LEROY HARRISON PC# 12 43 46 17 28 004 0180 321 ROSS DRIVE CUST ID # 212 DELRAY BEACH, FL 33445 65.90 25.00 ADM/REC SOUTHRIDGE, LOTS 17 TO 20 INC., BLOCK 1 PB 1, ,P 38, PUBLIC RECORDS OF PALM NEDWARD EDDINGS BEACH COUNTY, FL 11930 NORTH LAKE DRIVE (REIGLE AVENUE) BOYNTON BEACH, FL 33436 PC# 12434620 13 001 0170 CUST ID # 318 74.38 25.00 ADM/REC VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE. Res. No. 18-02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www delrayesd corn TO: FROM: DAVID T. HARDEN City Manager VICTOR MAJTENYI ~( Acting, Deputy Director of Construction SUBJECT: 2000 Road Bond Resurfacing Project, P/N 2000-049 Change Order #2, Final Payment DATE: FEBRUARY 26, 2002 Attached for Commission approval is an agenda request for Change Order #2/final, to Weekley Asphalt Paving, Inc., in the amount $29,831.07 and final payment of $29,977.83 on the above referenced Project. The change order consists of plus/minus as-built quantities for Street Resurfacing under Phase II, additional pavement markings, and includes the asphalt overlay work removed from the Venetian Drive project (see attached Schedule A). It also encompasses additional mobilization and unit price adjustments to the Contract for labor and petroleum costs increases as approved by Change Order #1 (see attached Change Order #1). Staff recommends City Commission approve Change Order #2 in the amount of $29,831.07 and final payment in the amount of $29,977.83 to Weekley Asphalt Paving, Inc. for the completion of the 2000 Road Bond Resurfacing project. Funding is available from account 370-3162-541-65.40, 2000 Roadway Bond/Resurfacing, after budget transfer. cc: Richard Hasko; Director of ESD Randal Krejcarek, City Engineer File 2000-049 (A) S ~EngAdrninhnrojects1200012000-O49[CONSTRCTlagenda memo 03 05 02 doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2/Final PROJECT NO. 00-49 DATE: PROJECT TITLE: 2000 Road Bond Resurfacing Project TO CONTRACTOR: Weekley Asphalt Paving, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Contract adjustment for plu~/minus as-built quantities, in addition to pricing adjustments due to increased labor and material costs and time between phasing as previously approved by Change Order #1. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 12.5 TOTAL PER CENT INCREASE TO DATE 12.5% $239,090.00 $ 0.00 $239,090.00 $ 29,831.07 $268,921.07 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Weekley Asphalt Paving, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding: 370-3162-541-65.40, 2000 Road Bond Resurfacing DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: By: Mayor ATTEST: By: City Attorney City Clerk z 0 0 n,, 0 0 ~ ~ ~ Z ~ oO ~ ~ 0 ~ .~.~.~ ~o~ II AGENDA REQUEST Agenda item No..~:~ Request to be placed on: DATE: February 26, 2002 Regular Agenda Special Agenda Workshop Agenda When: March 5, 2002 Description of item (who, what, where, how much): Change Order #2 in the net add amount of $29,831.07 to Weekley Asphalt Paving, Inc. for final plus/m~nus as-built quanbbes for the completion of the 2000 Road Bond Resurfacing project, P/N #2000-049 In addition, final payment m the amount of $29,977 83 to Weekley Asphalt Paving, Inc. The funding for this project will be provided from the following account: Funding Source 2000 Roadway Bond/Resurfac~ng *After Budget Transfer Account Number 370-3162-541-65 40 Amount $29,831.07 * ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Change Order ~r2/Final to Weekley Asphalt Paving, Inc. for the completion of the 2000 Road Bond~e~surfacing project, PIN 2000-049, and final payment. Department Hea(~'x~ ~- Signature: Determinabon of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available~NO Funding alternativ[~-" Account No. & Description Account Balance See above (if applicable) City Manager Review: Approved for agenda' ~:~NO ~ Hold Until: Agenda Coordinator Review. Received' Placed on Agenda: # qoo Action: Approved/D~sapproved file 2000-049(^) projects12000-049/constrct/agenda req 03 05.02 doc MEMORANDUM TO: FROM: SUBJECT' David T. Harden City Manager Joseph M. ~ Director of Fi~ Agenda Request- Change Order to P.O. ~600148 for Professional Services with Fusive for City's Official Web Site DATE: February 21, 2002 On June 12, 2001, the C~ty Commission approved contracting with Fusive for the development of the City's official Web Site. Fusive has been conducting regular meetings and working with the City's Web Site Committee on this project The next phases of the project are as follows: Ensure content for the various City Departments has been organized and placed in a site map. Assist the City's MIS Division with planning, configuration of the Content Management Server (CMS) software product. Help the City to deploy and launch the new unified Webslte. The Statement of Work for these professional services totals $42,263.00 (copy attached). Work has already begun on these phases of the project. We are requesting Commission approval of the Change Order to PO ~600148 for these professional services for continued work on the City's official Web Site in the amount of $42,263 00. A budget transfer is attached to transfer funding to Renewal and Replacement Fund Account Code 334-6111-519-64.11 for this Change Order. /sam Attachment Scope Change Request and Evaluation Document Preparation Information PROJECT NAME PREPARED BY (PRINT) C~ty of Delray Beach Michael F. T]bbert Website Unihcabon SIGNATURE DATE PREPARED February 7, 2002 Scope Change Request Information ICHANGE REQUEST LOG NUMBER ' ' I DAI'E CHANGE REQUEST INmATED Im , IJ~uary 24, 2002 IPRIORITY · ' I1~ H,gh [] Medium [] Low JRESULTING ~E ORDER NUMBER 0] JOE NLAMEER General Information PREVIOUS EUDGETED HOURS ADOrrlONAL HOURS FOR CHANGE N/A 320 BUOGETED COSTS ADDITIONAL COSTS N/A $42,263.00 ORIGINAL SCHEDULED DELIVERY DATE IMPACT TO DELIVERY I REVISED SCHEDULED DELIVERY DATE N/A ~/^ IN/.,, EXPLANATION Fusive has been requested by Cit3' of Delray Beach Florida (Delray Beach) to · 1 Ensure content for the various City Departments has been organized and placed in a site map 2 Assist the City's MIS department with planning, configuration of the Content Management Server (CMS) product. 3. Help the City to deploy and launch the new unified Website. Scope of Services Th~s change request affects all tasks in the signed statement of work between City of Delray Beach Florida and Fusive dated October 9, 2001. Change Request 01 is a change of scope to the October 9th 2001 statement of work The tasks in this change request will be treated as Task 4.7.x of the October 9th statement of work Change request covers additional budget needed to perform the following tasks listed. Task 4.7.1 Content Organization Task Description: Task includes ensuring all City Departments with or without a Web presence details which content will be on the new Website, incorporating content into site map, providing assistance to the departments to review the content plan and answer any questions they may have. Fusive Responsibilities: I Answer City Department questions regarding content classification for new site. 2. Add City Department content into a graphical site map. Delrav Beach Responsibilities: ! Departments provide Fusive with type of content to be displayed on the Website. Change Request Page 1 of 8 2. Be available for any questions by Fusive regarding information provided to Fusive. Deliverable: 1. Updated combined spreadsheet (Excel Document) containing title of content to be displayed on the Website and the content Website location. 2. Graphical site map (PDF Document). Schedule: Completion will be based upon Project Plan dates to be adjusted upon acceptance of this change request. Completion Criteria: The task will be complete~ ~_~en the graphical site map in PDF format is delivered to the Delray Beach MIS project manager. Task 4.7.2 Content Managemeht Server Planning - Overall Task Description: Fusive in this task will review with the City MIS Department the installation of components needed for Content Management Server (IIS, CMS, SQL, etc.) provide tips and suggestions based upon Fusive experiences In addition various CMS specific items required for planning will be addressed (i.e; code libraries, resource, template galleries, creation of areas for site navigation, lay down and document the rules for nawgation, workflow, define the process on how an individual will make changes to the site content). This group of tasks will allow Delray Beach to benefit from Fusive knowledge. Fusive Responsibilities: 1. Ensure CMS set up to function effectively based upon information from Fusive design documents 2 Discuss and assist the City MIS Department on how the site will be searched. Delray Beach Responsibilities: 1. Provide working components for Content Management Server. Deliverable: 1. Documentation of items needed for CMS based upon Fusive review. Schedule. Completion will be based upon Project Plan dates to be adjusted upon acceptance of this change request. Completion Criteria: Dehvery of CMS planning items to Delray Beach MIS Project Manager Task 4.7.3 Content Management Server Planning City Home Pa~e Task Description: Group of tasks entail Fusive & the City's MIS Department actually performing the initial setup of the City's new home page into CMS. Fusive will also assist working with the MIS to place content into CMS. Upon completion of this group of tasks the detailed set of steps created from the exercise will be modified and a comprehensive set of documents for both the MIS department and the end user departments on usage of CMS will be started. Fusive Responsibilities: I Develop site navigation for CMS. 2. Create CMS Administrative Interface. 3. Integrate Fusive created HTML templates to CMS for the City's Home page. 4 Assist Citx, in placing City Home Page content into CMS templates. Change Request Page 2 of 8 5 Document steps and methodology in CMS planning. D.elra_y Beach Responsibilities: 1 Work with Fusive to obtain answers to any Delray Beach specific questions. (I.e. e-mail addresses needed, etc ). 2. Provide detail content for entry into CMS templates. 3. Work with Fusive to place City Home Page content into CMS templates. 4. MIS Department to assist Fusive where necessary in building the City Home Page Deliverable. 1. Initial documentatiofi ~'CMS planning methodology. 2, CMS based pos.tings'.qf City's Home Page. Schedule Completion will be based upon Project Plan dates to be adjusted upon acceptance of this change request. Completion Criteria: CMS based postings of City's Home Page. Task 4.7.4 Content Management Server Planning Park & Recreation Task Description: Group of tasks entail Fusive & the City's MIS Department actually performing the initial setup ora Department (Park & Recreation) with a Web presence into CMS. Tasks will entail converting Fusive built HTML/ASP templates into CMS. The templates will be used not only for Park & Recreation but throughout the City departments. Fusive will work with MIS to determine how to transfer existing functionality from the current Website to CMS. Fusive will also assist working with the end user to place content into CMS Upon completion of this group of tasks a detailed set of steps will be outlined for both the MIS department and the end user departments on usage of CMS. Fusive Responsibilities: 1. Create CMS templates for Parks & Recreation. 2 Work with the City's MIS Department to integrate any existing Parks & Recreation existing functionaht3' (i e. Beach Conditions) to CMS. 3. Work with Parks & Recreation to port content to CMS. 4 Document steps and methodology in CMS planning and user training. Delray Beach Responsibilities: 1. Work with Fusive to obtain answers to any Delray Beach specific questions. 2. Provide detail content for entry into CMS templates. 3. MIS Department to assist Fusive where necessary in building the Parks & Recreation Pages. Deliverable' 1. Functioning CMS templates with content. 2 Completion of CMS methodology for City's MIS Department. 3 Initial creation of CMS User Guide. Schedule. Completion will be based upon Project Plan dates to be adjusted upon acceptance of this change request. Completion Criteria: CMS based postings of City's Parks & Recreation Department. CMS methodology is provided to Delray Beach MIS Project Manager User documentation is provided to Delray Beach MIS Project Manager. Change Reque~ Page 3 of 8 Task 4.7.5 Content Manaeement Server Plannin~ Task Description: Group of tasks entail Fusive & the City's MIS Departn Department (Finance) without a Web presence into CI~ place content into CMS. Upon completion of this grou & Recreation exercise will be~ ~-~dified and a compreh and the end user departments bla usage of CMS will be Fusive Responsibilities: 1. Create CMS templates for Finance. 2. Work with Finance to port content to CMS. 3 Revise CMS User Guide if appropriate. Delray Beach Responsibilities: I Work with Fusive to obtain answers to any D{ 2 Prowde detail content for entry into CMS tern 3 MIS Department to assist Fusive where neces: Dehverable 1. Functioning CMS templates with content. 2. Adjusted CMS User Guide if needed. Schedule: Completion will be based upon Project Plan dates Completion Criteria: CMS based postings of City's Finance Departm{ Upgrades CMS User documentation (if needed) Task 4.7.6 Content Management Server Plannin~ Task Description: Fusive xvill pla5, a consultative role to the City's MIS department will be converting this department to CMS ..F. usive Responsibilities: 1. Provide Delray Beach MIS Department nine during conversion of department to CMS. Delrav Beach Responsibilities: I. Convert & train department to use CMS. Schedule. Completion will be based upon Project Plan date., Completion Criteria: E.xhaustion of 9 hours of Fusive time allocated Task 4.7.7 Content Manaeement Server Plannin~ Change Request Page 4 of 8 1~ inance ~ent actually performing the initial setup of a IS. Fusive will also assist working with the end user to p of tasks the detailed set of steps created from the Park msive set of documents for both the MIS department finalized. :lray Beach specific questions. )lates. ',ary in building the Finance Pages. to be adjusted upon acceptance of this change request at. provided to Delray Beach MIS Project Manager ;nvironmentai Services tepartment during this phase. The City's MIS with Fusive resources available to answer questions 9) hours of Fusive time to consult with MIS Department to be adjusted upon acceptance of this change request task. ?ire Task Description: Fus~ve will play a consultative role to the City's MIS department during this phase The City's MIS department will be converting this department to CMS with Fusive resources available to answer questions. Fusive Responsibilities: I Provide Delray Beach MIS Department nine (9) hours of Fusive time to consult with MIS Department dunng conversion of department to CMS. Delray Beach Responsibilities:~ 1. Convert & train department to use CMS. Schedule. Completion will be bas. ed, Ep,,on Project Plan dates to be adjusted upon acceptance of this change request. Completion Criteria. Exhaustion of 9 hours of Fus~e time allocated for task. Task 4.7.8 Content Manaeem6nt Server Planning Police Task Description: Fusive will play a consultative role to the City's MIS department during this phase. The City's MIS department will be converting this department to CMS with Fusive resources available to answer questions. Fusive Responsibilities: I Provide Delray Beach MIS Department nine (9) hours of Fusive time to consult with MIS Department during conversion of department to CMS. Delray Beach Responsibilities. 1. Convert & train department to use CMS. Schedule: Completion x~Sll be based upon Project Plan dates to be adjusted upon acceptance of this change request. Completion Criteria' Exhaustion of 9 hours of Fusive time allocated for task. Task 4.7.9 Content Management Server Planning - Plannine & Zonine Task Description: Fusive will play a consultative role to the City's MIS department during this phase. The City°s MIS dcpartment will be converting this department to CMS with Fusive resources available to answer questions Fusive Responsibihties: 1. Provide Delray Beach MIS Department nine (9) hours of Fusive time to consult with MIS Department dunng conversion of department to CMS. Delrav Beach Responsibilities: 1 Convert & train department to use CMS. Schedule Completion will be based upon Project Plan dates to be adjusted upon acceptance of this change request Completmn Criteria' Exhaustion of 9 hours of Fusive time allocated for task Task 4.7.10 Content Management Server Plannine City Manaeer (Administrative Services) Change Request Page 5 of 8 Task Description: Fusive will play a consultative role to the City's MIS department during this phase The City's MIS department will be converting this department to CMS with Fusive resources available to answer questions Fusive Responsibilities: 1. Provide Delray Beach MIS Department eight (8) hours of Fusive time to consult with MIS Department during conversion of department to CMS. Delray Beach Responsibilities: 1. Convert & train department to use CMS. Schedule' Completion will be b. aseff, u. pon Project Plan dates to be adjusted upon acceptance of this change request. Completion Criteria: Exhaustion of 8 hours of Fusive time allocated for task. Task 4.7.11 Content Management Server Planning City Attorney Task Description: Fusive will play a consultative role to the City's MIS department during this phase. The City's MIS department wdl be converting this department to CMS with Fusive resources available to answer questions. Fusive Responsibilities: 1. Provide Delray Beach MIS Department eight (8) hours of Fusive time to consult with MIS Department during conversion of department to CMS Delrav Beach Responsibilities: 1. Convert & train department to use CMS. Schedule Completion will be based upon Project Plan dates to be adjusted upon acceptance of this change request. Completion Criteria: Exhaustion of 8 hours of Fusive time allocated for task. Task 4.7.12 Content Management Server Planning City Clerk Task Description: Fusive will play a consultative role to the City's MIS department during this phase. The City's MIS department will be converting this department to CMS with Fusive resources available to answer questions. Fusive Responsibilities: 1. Provide Delray Beach MIS Department eight (8) hours of Fusive time to consult with MIS Department during conversion of department to CMS. Delray Beach Responsibilities: 1. Convert & train department to user CMS. Schedule Completion will be based upon Project Plan dates to be adjusted upon acceptance of this change requ.est. Completion Criteria Exhaustion of 8 hours of Fusive time allocated for task. Task 4.7.13 Content Management Server Planning Community Improvement Change Request Page 6 of 8 Task Description: Fusive will play a consultative role to the City's MIS department during this phase. The City's MIS department will be converting this department to CMS with Fusive resources available to ans~ver questions Fusive Responsibilities: 1. Provxde Delray Beach MIS Department eight (8) hours of Fusive time to consult with MIS Department during conversion of department to CMS. Delray Beach Responsibilities: 1. Convert & train$te~aell~nt to user CMS Schedule: ~', Completion will be l~ased'tipon Project Plan dates to be adjusted upon acceptance of this change request. Completion Criteria. Exhaustion of 8 hours of Fusive time allocated for task. Task 4.7.14 Content Management Server Planning Human Resources Task Description: Fusive will play a consultative role to the City's MIS department during this phase. The City's MIS department xx ill be converting this department to CMS with Fusive resources available to answer questions. Fusive Responsibilities: 1. Provide Delray Beach MIS Department eight (8) hours of Fusive time to consult with MIS Department during conversion of department to CMS. Delray Beach Responsibilities: 1. Convert & train department to user CMS Schedule' Completion w411 be based upon Project Plan dates to be adjusted upon acceptance of this change request. Completion Criteria: Exhaustion of 8 hours of Fusive time allocated for task. Task 4.7.15 Website Deployment Task Description: Fusive will assist the City's MIS department in preparation for site launch During this group of tasks Fusive's Network engineer will provide consultative services to the city to ensure the Website is ready to properly handle any perceived load In addition Fusive x~411 assist with ensure CMS is ready for production, schemes for deployment (migration of changed content by the authors) will be tested and modified. In addition if desired by the Cay assistance could be provided xvithin this group of tasks to test out the new site to ensure it is production ready. Fusive has allotted sixty (60) hours to assist Delray Beach in deploying the Website. Fusive Responsibilities: 1. Assist Delray Beach to ensure Website is ready for launch 2 Work with Delray Beach to test Website user various Web Browsers and dialup methods Delra¥ Beach Responsibilities: 1. Ensure all content has been included in the Website for launch. 2 Work with Fusive to test out Website using various Web Browsers, and dialup methods Change Request Page 7 of 8 Schedule: Completion will be based upon Project Plan dates to be adjusted upon acceptance of this change request. Completion Criteria: Launch of unified City Website or exhaustion of 60 hours allocated. Task 4.7.16 Fusive Proiect Management Task Description: Ensuring communications ~en Delray Beach & Fusive are occurring in a timely & efficient manner and project needs are met to allow Fusive to create the various deliverables. Managing Fusive status and maintaining budget, and' scheclhle for the project. Fusive Responsibilities: 1. Provide weekly project repons to project sponsor. 2. Maintain budget and schedule of the Fusive resources on project 3. Notify project sponsor when the actual expended hours have reached 75% (240 hours) of the estimated hours. 4. Work xvith Delray Beach MIS project manager to ensure project moving according to schedule Delray Beach Responsibilities: 1. Work with Fusive Project Manager to ensure project proceeds per schedule. Deliverable' Project Work Plan and Ongoing Fusive Project Management Activity. Schedule Through the project life cycle Completion Criteria: Task will be complete when the deliverables for this project are complete. Billing Structure This change request will be completed on a Time and Materials basis. The following rates will apply to this change request' Fusive ProJect Manager $150.00 per hour All other Fusive resources - $125.00 per hour Invoicing Fusive's standard policy is to invoice on a monthly basis. Invoices are due upon receipt. Prelect Manager IVebruary 7, 2002 IM. F. Tibbert Fusive Approval CHANGE APPROVED/REJECTED IFUSIVE VtCE PRESIDENT APPROVAL IDATE [] Approved [] Rejected I I Change Request Page 8 of 8 Client Approval ICHANGE APPROVEDIREJECTED [] Approved [] Rejected ICLIENT PROJECT MANAGER APPROVAL IDATE Change Request Page 9 of 8 AGENDA REQUEST Date: 02-2'1-02 Workshop Agenda Request to be placed on: X Consent Agenda ~ Special Agenda When: 03-05-02 Description of agenda item: Services by Fusive for the next phases of the development of the C~ty's official Website Approval of Change Order to PO #600148 for professional Amount Of the Change Order is $42,263.00 Funding is available ~n 334-6111-519-31.90 (Budget Transfer attached to this Agenda Request). ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO X YES NO Recommendation: Approval is recommended by the Finance Director and City Manager, Department Head Signature: ~ Determination of Consistency with o(~,~l~Srehensive Plan: n/a City Attorney Review/Recommendation (if applicable): n/a Budget Director Review (required on all items involving expendi~nds): Funding available: Yes ~ X* *Once attached budget transfer is processed. Funding alternatives (if applicable): No Account Number. 334-6111-519-31.90 Other Professional Services $42,265.00* Account Description: Account Balance: City Manager Review: Approved for Agenda. Hold Until: No Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David Harden, City Manager Jacklyn Rooney, Purchasing Superviso~.-~ Joseph Safford, Finance Director February 27, 2002 DOCUMENTATION - CITY COMMISSION MEETING MARCH 05, 2002 - AWARD APPROVAL FOR WATER SERVICE RELOCATIONS TO LINE-TEC INC. Item Before Commission: City Commission is requested to approve award to Line-Tec Inc. for water service relocations for three separate areas with in the City of Delray Beach for the total amount of $23,300. Background: The Deputy Director of Public Utilities is requesting the approval of water services relocations for three separate projects, MacFarlane Drive, Venetian Drive and SE/SW Area Bond project for the total price of $23,300. Pricing is from a previous bid award (#2000-13) to Line-Tec for Water Service, Plumbing Connections/Relocations awarded by City Commission February 05, 2000. See attached memo from Deputy Director of Public Utilities dated February 27, 2002. Line-Tech Inc. has submitted a letter stating that they will extend the same pricing from the previous bid award with the estimates for each location attached. Recommendation: Staff recommends approval for water service line relocations with Line-Tec Inc. for the total amount of $23,300. Funding from account codes 442-5178-536-65.50 for $11,800 and 442- 5178-536-61.78 for $11,500. Attachments: Memo fi.om Deputy Director Public Utilities Memo from Line-Tec Inc. City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: Jackie Rooney Purchasing D an Be att y,P. E.~'~ ~"~ Deputy Direct~u'b'IiE'lTtilities WATER SERVICE RELOCATIONS FEBRUARY 27, 2002 www. delrayesd, com The attached three estimates from Line-Tec, Inc. are for water service line relocation work on three separate projects. Estimate No. 1586 is for rear to front yard water service relocation on MacFarlane Dr., estimate No. 1578 is for water service relocations associated with the Venetian Dr. project and estimate No. 1585 is for water service relocations as part of the SE/SW Area Bond project. All estimates are based on unit prices from the 2000-13 bid for water service relocations. If you have any questions please do not hesitate to call. cc: Richard C. Hasko, P.E., Director of Environmental Services Victor Majtenyi, Acting Deputy Director of Construction BESSR VOO21DEPARTMENTSIEnmronmental ServtceslDan BeattylServtce Relocatton memo doc 3~n 29 02 02:35p Lzne-Tec Inc. [561)737-3827 January 29, 2002 121OS.E. I ST STREETr BOYNTON BEACH, FL. 33435 OFFICE ~61-374-9494 FAX 561-737-3827 Jackie Rooney City of Delray Beach' Purchasing Division 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Jackie Rooney: in reference to the estimates numbered 1586, 1570, 1585, these three estimates are based on prices from past BID #2000-13: Water Service, Plumbing Connections/ Relocations. If you have any questions, please contact me at (561) 374-9494. Sincerely, / Scott Ellsworth President ! O~ 06:03p Line-Tec Inc. (561)737-3827 p.2 ' Line-Tec, lnc t 210 SE 1 st Street Boynton Beach, FL 33435 561-374-9494 561-737-3827 fax C~ty of Dclray Beach 'Vtctor M Majteny~ 434 South Swinton Avenue Delray Beach, Fl 33444 Estimate Date Estimate ~) 1586 C) escnpt|on I (17 MacFarlane Dr. Install new 2" ?MC water scrvtcc. Installation of 2" water servme hnc rear yard cotmection 119, 121, 123, 125 and 127 MacFarlm~e Dr Install new 1" PVC water scrvmes Pncc per foot, Installation of 1" PE water servme in con. lunctmn water serwce Installation of I" single ball meter valve & meter conncction x~dth pa,ts Installatioa of I" water servme ~ine front cmmect/on 129, 131, 133, [35 m~d 137 MacFarlane Dr Install new [" PVC water services. Price per foot. Installation of l" PIE water servme in conjuncBon water service. lnstallabon of 1" single ball meter valve & meter co~mect~on w~th parts lnstallatmn of' I" water service linc front connection. M~sc Water (02-24) Rate 1,400.00 8 00 250 00 600 O0 8 O0 250,00 600 O0 Terms '! Project ........ ~'-I Misc Watcr (02-24) Qty Total 100 5 5 100 5 5 1,400 O0 800.00 1,250 00 3,000 O0 800 00 1,250 00 3.000 00 :Total [ Signature $ l 1,500.00 .]an 0"2 02 }3'~x' Line-Tec, Inc Line-Tee Inc. } 2 ! 0 SE I st Street Boynton Beach, FL 33435 56 !-374-0494 561-737-3827 f~tx Name / Address City of Delray Beach Victor Maitcnyi 434 Souhh Sw,nton Avenuc Delray Beach. F1 33444 Palm Beach Description 1903 & 905 Miramar Dr Install new t" PVC water [ Service. , h~tallatmn of ~. water service hae sidc co~cction. ~I029 Nassau Street Tap cxi~ing 10" WM and ~ new I' water servme. Installation of 1" water se~me line stde connection ~ 1" tap all water mares less fl~] 4 foot deep ~ co~3unction w~th water so.icc ~120, 122, 124, 128 and t30 Venetian Dr [ lnsrall new 1' PVC water sc~t~ lines ~ lns~llatmn of l" water service hat mar yard cmmcctiort I Ra~e (5G1)737-3827 p.3 Estimate Date _~' Esbmate 1578 Vcnction (00dl-0)~ Total 9(10 O0 900 O0 45 O0 1,300 00 {Total Signature 900.00 900,00 45 00 6,5OO 00 $8,345 00 .]an 0'7 02 06:03p L~ne-Tec Inc. Line-Tec, lnc 1210 SE 1 st Street Boymon Beach, FL 33435 561-374-9494 561-737-3827 fax Name / Address City o£ Dclra¥ Beach Vmtor Maltenyi 434 South Swmton Avenue Dclray Beach, FI (561)737-3827 p.4 Estimate Oats I Estimate f~ 1/7/2002 l 1585 Oescnp~on BuSh-cs ~¢af(~vod 840 £ Ad~nt,c Ave Tap extstmg 6" WM & u~tatl ne~ 2" PVC water se~ice. 2" tap all water mares less thm~ 4 f~t d~p m co~j~t~ct~ with wateT se~me Set 2" meter box w~th lid (labor only) Installatmn of 1.5" or 2" ball meter valve ~th connections. lnstallatmu of 2" water semce linc front y~d connection. 812 E Attantm Ave. Install ncw 1" PVC water service [nstaflabon of 1' water servtce line side cotmection. [" tap all water mares less than 4 foot deep conjunction w~th water servme. 822 E Atlamm Arc Install new I" PVC water sen, icc lnstallauon of I" water service hne mar yard connectmn I" tap all water mares less thmi 4 ~bot deep m ' coujunctmn w~£h water serwce. Rate 80 00 35 00 350.00 700 00 900 00 45.00 1,300.00 45 00 Total S~gnature _S..E/S W ('0046) Total 8000 [ 35.00 350 00 70O.00 900.00 45.00 ,300.00 45 00 $3,455.O0 AGENDA ITEM NUMBER: ~--~ AGENDA REQUEST Request to be placed on: March 05, 2002 Date: February 28, 2002 XX Consent Agenda __ Special Agenda __ Workshop Agenda Description of agenda item: Approve award to Line-Tec Inc. for water service relocations for three separate areas within the City of Delray Beach for a total amount of $23,300 ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve award to Line-Tec Inc. for water service relocations for three separate areas within the City for a total amount of $23,300 Funding from account code 442-5178-536-65.50 for $11,800 and 442-5178-536-61 78 for $11,500. Budget transfer attached. Department Head Signature: ~/~./.~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes v-' No (~Funding alternatives: Account Number: ccount Description: Account Balance: City Manager Review: Approved for agenda:~ Hold Until: (if applicable) Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~V~ _ REGULAR MEETING OF MARCH 5, 2002 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS MARCH 1, 2002 Attached is the Report of Appealable Land Use Items for the period February 18, 2002 through March 1, 2002. It informs the Commission of the various land use actions taken by the designated boards, that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\Cay Clerk\chevelle folder\agenda memos\apagmerr~03.05.02 TO: THRU: FROM: SUBJECT: D~_~H ARD E N,~.~.C. ITY MANAGER PAUL DORLING, ~ECTOR OF PLANNING AND ZONING /'JASMIN ALLEN, PLANNER MEETING OF MARCH 5, 2002 *CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 19, 2002 THRU MARCH 1, 2002 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of February 19, 2002 through March 1,2002. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved (6 to 0, Sowards absent), a master plan modification to change the land use designation from light industrial to service industry for Tract H - Delray Park of Commerce, located on the east side of NW 17th Avenue (Park of Commerce Boulevard), north of Lake Ida Road. No other appealable items were considered by the Planning and Zoning Board. The following items will be forwarded to the City Commission for action. Recommended approval (6 to 0), of a rezoning from RT (Resort Tourism) to PC (Planned Commercial) for a 2.067 acre parcel of land located at the southwest corner of SE 5th Avenue and SE 10th Street for a proposed Washington Mutual Bank and other commercial uses. City Commission Documentation Appealable Items Meeting of March 5, 2002 Page 2 Recommended approval (6 to 0), of an abandonment of a portion of a 60 foot canal right-of-way adjacent to the north side of Lot 1, Lake Eden Subdivision, Plat No. 3, on the west side of Swinton Avenue, approximately 110 feet north of NW 25t~ Court. Recommended approval (6 to 0) of a combined preliminary/final plat for Goodison Park Estates, a proposed 3-lot single family subdivision, located on the east side of State Road A-l-A, 300 feet south of Linton Boulevard. · Recommended approval (6 to 0) of the Downtown Delray Beach Master Plan. o Approved (3 to 1, Sneiderman dissenting, Dabney-Battle, Dowd and Eliopoulos absent), a free standing monument sign and fiat wall signs for Pollo Tropical, located at the southeast corner of Linton Boulevard and SW 10th Avenue (950 Linton Boulevard). Approved (4 to 0), a request for a color change for Lighthouse at Delray Beach, located on the west side of SW 1st Avenue, south of SW 1st Street (102 SW 1st Avenue, 112 SW 1st Avenue, 118 SW 1st Avenue and 124 SW 1st Avenue). Approved associated the Plaza Highway (1 (3 to 1, Sneiderman dissenting), a Class I site plan modification with an architectural change for Longhorn Steakhouse, located within at Delray, at the northwest corner of Linton Boulevard and Federal 560 South Federal Highway). Approved (4 to 0), a Class I site plan modification associated with an architectural change for the Delray Beach Lifeguard Towers along the municipal beach. Approved (4 to 0), a Class I site plan modification associated with the installation of telecommunication antennas for Nextel at the Palm Court Plaza, located at the southwest corner of Linton Boulevard and Military Trail (5150 Linton Boulevard). Approved (4 to 0), a Class I site plan modification associated with the removal and installation of a new entrance sign/wall for the Rabbit Hollowe Subdivision on Old Germantown Road at Rabbit Hollowe Drive. Approved (4 to 0), a Class I site plan modification associated with the installation of window awnings for Island House Apartments, located on the west side of Gleason Street, approximately 250' south of Atlantic Avenue (34 Gleason Street). Approved with condition (4 to 0), a Class II site plan modification associated with the conversion of an existing dead-storage area to office space within an existing commercial building for Showcase Building, located at the northeast corner of NE 5th Avenue and NE 3rd Street (505 NE 3rd Street). City Commission Documentation Appealable Items Meeting of March 5, 2002 Page 3 Approved with conditions (4 to 0), a Class IV site plan modification and architectural elevation plan associated with a 718 square foot expansion for the Antique Experience, an existing commercial building located at the southeast corner of East Atlantic Avenue and SE 5th Avenue. Approved (6 to 0, Sloan absent), a request for a Certificate of Appropriateness associated with the conversion of a garage to a guest cottage for a contributing single family residence located at 223 NW '1st Avenue (east side of NW 1st Avenue, north of Martin Luther King Jr. Drive). Tabled (6 to 0) a request for a Certificate of Appropriateness associated with the replacement of existing windows for a contributing building located at 30 SE Ist Avenue (west side of SE 1st Avenue, north of SE 1st Street). The Board tabled the item and requested that the window frames be constructed of wood rather than aluminum. Approved (6 to 0) a request for a Certificate of Appropriateness to allow the addition of a carport for a contributing single family residence located at 112 NE 1st Avenue (west side of NE 1st Avenue, between NE 1st and NE 2nd Streets). Tabled (6 to 0), a Class V site plan, landscape plan, architectural elevation plan and Certificate of Appropriateness associated with the demolition of two contributing structures and conversion of two single family residences to retail/commercial uses for Sundy Harvest Block, located on the south side of SE 1st Street, between Swinton Avenue and SE Ist Avenue. The item was tabled as the Board was opposed to the demolition of one of the structures and maintaining the structure would require reconfiguration of the proposed parking lot. Zo Approved with conditions (6 to 0), a Class V site plan, landscape plan, architectural elevation and Certificate of Appropriateness associated with the construction of a 2,400 square foot office building for Management Systems, located at the southwest corner of NE 2nd Street and NE 1st Avenue. Concurrently, the Board approved a variance reducing the required side street building setback from 15' to 10'. By motion, receive and file this report. Attachment: Location Map. CI1Y OF DELRAY BEACH, FLORIDA - City Commission Meeting- March 5, 2002 GULF STREAM BLVD L-30 CANAL i I- _r ~ LAKE IDA R I --___._1---'~ - I 0 I .__j I L LOWSON BOULEVARD LINTON BOULEVARD II~- ......... 2-~ ~a& ............ t N W 2ND ST // S W2ND ST / / c~5-c~- P&Z: A TRACT H - DELRA Y PARK OF COMMERCE S.P.R.A.B. I. POLLO TROPICAL 2. LIGHTHOUSE A T DELRA Y BEACH 3. LONGHORN STEAKHOUSE 4. DELRA Y' BEACH LIFEGUARD TOWERS 5. NEXTEL 6. RABBIT HOLLOWE 7. ISLAND HOUSE APARTMENTS 8. SHOWCASE BUILDING 9. ANTIQUE EXPERIENCE H.P.B V 223 NW 1STAVENUE tV. 30 S.E. 1STAVENUE X. '112 NE ISTAVENUE Y SUNDY HARVEST BLOCK Z MANAGEMENT SYSTEMS LINTON CI~Y LIMITS / V ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2002 . - DIGITAL BASE MAP SYSTEM MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~L-REGuLAR MEETING OF MARCH 5, 2002 GRANT AWARDS FOR HOUSING REHABILITATION CONTRACTS MARCH 1, 2002 This is before the Commission to consider approval to rescind housing rehabilitation contract award to Hatcher Construction (44 NW 8th Avenue) for non-performance and re-award of the housing rehabilitation contract to South Florida Construction (44 NW 8th Avenue) in the mount of $21,483.00. Funding is available from 118-1924-554-49.19 (SHIP Housing Rehabilitation). Recommend approval to rescind housing rehabilitation contract award to Hatcher Construction and re-award to South Florida Construction. S:\City Clcrk~chevelle foldcr~ag~nda m~os~DBG Housing Rehab Award.03.05.02 City of Delray Beach Community Development Division MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Director of Community Improvement ~ Kenneth L. Thomas, Community Development Administrator ~ March 1, 2001 Community Development Division's Housing Rehabilitation Grant Award ITEM BEFORE CITY COMMISSION Approval is requested to remove contractor from a Community Development Housing Rehabilitation project due to non-performance and re-award to the second responsible low bidder. BACKGROUND City Commission, at its August 21, 2001 meeting, approved award of a Housing Rehabilitation Grant to Hatcher Construction in the amount of $21,078.75. Hatcher Construction was the verified responsible low bidder for the housing rehabilitation project at 44 NW 8th Avenue. Hatcher Construction has not commenced work on this project in accordance with the terms of the Contract and the Notice To Proceed dated September 12, 2001. Pursuant to City purchasing policies, it is requested that the award to Hatcher Construction be rescinded due to non-performance and that the bid be re-awarded to the second responsible low bidder, South Florida Construction, in the amount of $21,483.00. The grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder, plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code wolations. Detailed work write-ups and individual case files are available for review in the Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsible bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect agmnst the resulting change order requests. This policy further assists the Division with its goal of completing each rehabihtation activity utlhzing the estimated amount of funding required. RECOMMENDATION Staff recommends resctnding award to Hatcher Construction and re-awarding to South Florida Construction in the following amount: Case Number Address Contractor Grant Amount 99-039-~ 99-039 HR 44 NW 8th Avenue I4aCflaor-Go~st~tioa $;~J~,-0-T&.7~ South Florida Construction $21,483.00 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2001-37 SH APPLICANT: Christine Wilson PROJECT ADDRESS: 44 NW 8th Avenue DATE OF BID LETTERS: July 11~ 2001 DATE OF BID OPENING: June 26~ 2001 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. ABBA CONSTRUCTION, INC. HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION MICHAEL SHUBERT CONSTRUCTION, INC. WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION NAUTILUS CONTRACTING CO., INC. IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: AMOUNT OF BIDS $ $ 20~075.00 $ $ $ $ $ $ $ $ $ $ 20~460.00 $ $ 19~895.00 South Florida Construction BID/CONTRACT AMOUNT: $ 20~460 bid/contract amount (+ 5% Contingency = $21,483) FUNDING SOURCE: SHIP Rehabilitation Proeram Account No. 118-1924-554-49.19 COMMENTS: AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda Workshop Agenda Consent Agenda Date: March 1, 2002 When: March 5, 2002 Description of item (who, what, where, how much): Case Number Address Contractor Grant Amount 99-03-9--H-1t 99-039 HR 44 NW 8th Avenue South Florida Construction $21,483.00 ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval to rescind award to Hatcher Construction for non-performance and re-award to South Florida Construction of one State Housing Initiatives Partnership (SHIP) Housing Rehabilitation Grant and Contract Award from account # 118-1924-554- 49.19 in the amounts of $21,483.00. Thise grant amount include a 5% contingency. Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: (~O o Funding Alternatives: ~ (ifa.pplicable) Account No. & Description: ~ ~-I~lgq -50----~ ~th-}al ~05;0,~~. t, Account Balance: ~ 32,tX>q City Manager Review: Approved for agenda:~/NO~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~,' _. REGULAR MEETING OF MARGH 5, ~002 AWARD OF BIDS AND CONTRACTS DATE: MARCH 1, 2002 This is before the City Commission to approve the award of the following bids: Approve purchase from Maroone Ford in the amount of $16,021.36 in repair services for police vehicle # 0007. Funding is available from 501-3311.591-52.52. Recommend approval of the above bids and purchases. S:\Civ/Clerk~chevel[e folder~genda memo\Bid Memo.03.05.02 [ITY OF DELARY BERgH DELRAY BEACH AII-AmericaCity 1993 2001 FROM: 100 N.W. 1st AVENUE MEMORANDUM David T. Harden, City Manager jobertA. Barcinski, Assistant City Manager DATE: February 27, 2002 DELRAY BEACH, FLORIDA 33444 · 561/243-7000 SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING MARCH 5, 2002 BID AWARD - VEHICLE REPAIR Action City Commission is requested to approve a bid award in the amount of $16,021.36 to Maroone Ford with funding to come from account number 501-3311-591-52.52. Background Police vehicle #0007 a 2000 Ford Crown Victoria patrol car was involved in an accident on 07/06/01. Our vehicle appraiser Inter City Auto Appraiser originally estimated the cost to repair the vehicle at $9,356.98. Three quotes were received and the work was awarded to Maroone Ford in the amount of $6,962.63. After repairs began additional problems were discovered. Our appraiser was contacted and the estimated additional costs of $6,663.86 to complete the repair of the vehicle. The vehicle has been repaired. Attached is a spreadsheet listing quotes and the appraisals. Recommendation Staff recommends approval of a bid award to Maroone Ford in the amount of $16,021.36 with the funding to come from account 501-3311-591-52.52. Attachments c: Bill Darty Jackie Rooney City Clerk File. u sweeney/agenda DocBid Award Pohce Vehicle Repair #0007 Prlnted oe Recycled Paper THE EFFORT ALWAYS MATTERS MEMORANDUM To: From: Date: Subject: Robert A. Barcinski, Assistant City Manager Bill Darty, Fleet Maintenance Superintendent February 12, 2002 SPREAD SHEET FOR VEHICLE #1007 Attached is a list of quotes, justifications, and actual cost for vehicle 1007 repairs. After disassembly of the wrecked vehicle, Maroone Ford found severe frame damage and extra repairs were needed. Intemity Auto Appraiser was called back in to see the additional work. TO: FROM: THROUGH: DATE: SUBJECT: ME M ORA~/~ / Jackie Rooney, Purchasing Supervisor ~'\1/ January 30, 2002 Request to Pay Vendor, Police Department Vehicle # 1007, D/L 07/06/01 Police Department vehicle 1007 was damaged in a vehicular accident of July 6, 2001. MarooneKService Center repaired the vehicle in the amount of $16, 021.36. Please initiate a requisition in the amount of $16,021.36 to this vendor. The account code to be used is 501-3311- 591-52.52. Please be advised that additional repairs were required after tear down of the vehicle. Linton Paint and Body was not used due to the quality of workmanship. Thank you for your assistance. Attachment cc: Milena Walinski, Assistant Finance Director Paine' Williams, City Garage Accounts Payable repairs.doc TO: THRU: FROM: SUBJECT: ~_A_~_~c.~~DA T. HA DEN, CITY MANAGER A, UL DORLING, Dfl~ECTOR OF PLANNING & ZONING SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST MEETING OF MARCH 5, 2002 - REGULAR AGENDA REVIEW A REQUEST FROM MANAGEMENT SYSTEMS FOR THE PURCHASE OF THREE IN-LIEU OF PARKING SPACES Management Systems is a proposed twenty four hundred square foot, two story Office Building located on the southwest corner of NE 1st Avenue and NE 2® Street in the Old School Square Historic Arts District (OSSHAD). Pursuant to Section 4.4.24(G)(4)(a) of the Land Development Regulations (LDR), the project requires eight (8) parking spaces. The proposed site plan includes five (5) on site parking spaces. Therefore, the applicant is seeking to purchase three (3) in-lieu of parking spaces in accordance with Section 4.6.9(E)(3)(b)(3) of the LDR. The cost per space in the OSSHAD is six thousand dollars ($6,000), totaling eighteen thousand dollars ($18,000), to be paid in full at the time of submission for a building permit application. LDR Section 4.6.9(E)(3)(e) states in addition to in-lieu fees due, where adequate right-of-way exists adjacent to a proposed project the applicant must construct additional on-street parking. Consequently, the applicant proposes to construct two st (2) on-street parking spaces along NE 1 Avenue and will seek reimbursement of a portion of the in-lieu parking fee. The Parking Management Advisory Board, at their meeting of February 26, 2002, unanimously recommended approval of the applicant's request. By motion, approve the request from Management Systems for the purchase of three in-lieu of parking spaces. Attachments: Site Plan 7'-~1 ~/4" SETBACK 66'-0" 4B'-0 7/16" 10'-0" PROPOSED SETBACK OFFICE !SPACE 45'-0 7/16" RASH CAN LOCATION CURBING '~' SETBACK P L = 66'-0" E 5'-0" R.C D-'DICATIO 25'-0" R.O W. IPICKET FENCE uJ Z I.IJ EXISTING ONE STORY RESIDENCE SEE SHEET A--6.0 Il MANAGEMENT SYSTEMS TO: THRU- FROM: SUBJECT: MEETING OF MARCH 5, 2002 - CONSENT AGENDA REVIEW A REQUEST FROM OUTSIDE THE BOX INC. TO ENTER INTO AN IN-LIEU OF PARKING FEE AGREEMENT The City Commission, at their meeting of February 5, 2002 approved the purchase of two (2) in-lieu of parking spaces for Caf6 Yeri Amici located at 189 NE 2nd Avenue (Pineapple Grove Way). Pursuant to Land Development Regulations 4.6.9(E)(3)(d), as a tenant of the subject property, Cafb Veri Amici would be required to pay the approved in-lieu fee of twelve thousand dollars ($12,000) at the time a building permit is issued. LDR Section 4.6.9(E)(3)(d) allows this fee to be paid in installments if the owner of the subject property enters into an In-Lieu of Parking Fee Agreement. Outside The Box Inc., the owner of the property where Cafb Veri Amici is located, is requesting to enter into an In-Lieu of Parking Fee Agreement for the two (2) spaces previously approved for Caf6 Veri Amici. An agreement has been drafted by the City Attorney's office and has been ratified by the applicant. The initial payment of six thousand dollars ($6,000) has been submitted. Two remaining payments, in the amount of three thousand dollars ($3,000) each, will be due on the second and third anniversaries of this agreement. As the spaces are not transferable and remain with the property it is reasonable to allow the owner to enter into the In-Lieu Of Parking Fee Agreement. The Parking Management Advisory Board, at their meeting of February 26, 2002, unanimously recommended approval to allow Outside The Box Inc. to enter into an In-Lieu of Parking Fee Agreement. By motion, approve the request from Outside The Box Inc. to enter into an In-Lieu of Parking Fee Agreement for the two (2) spaces previously approved for Caf~ Veri Amici. Attachment: Copy of Agreement Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 IN-LIEU OF PARKING FEE AGREEMENT THIS AGREEMENT ("Agreement") is made as of the 7~ day of ~-e~r~,~ey , 200_2, by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida ("City"), and OUTSIDE THE BOX, INC., owner of the property ("Owner"). WHEREAS, Owner is the owner of certain real property located at 189 N.E. 2nd Avenue, Delray Beach, Florida, and referred to herein as the "Property"; and WHEREAS, Owner has applied to the City for approval for the development of a Restaurant referred to as "Caf6 Vera Amici" on the Property; and WHEREAS, as a condition of approval for the development on the Property, Owner must provide certain parking as required under the Land Development Regulations of the City. Section 4.6.9(E)(3) of the Land Development Regulations provides that the City Commission may approve the payment of a fee to the City in-lieu of providing required parking; and WHEREAS, Owner has requested that the City Commission approve the payment of a fee to the City in lieu of providing two (2) of the required parking spaces for the development of the Property and the City Commission has approved this request; and WI-IEREAS, Section 4.6.9(E)(3) of the Land Development Regulations also provides that the in-lieu parking fee shall be Six Thousand Dollars ($6,000.00) per parking space; and WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms of the in-lieu fee and reimbursement. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Property to which this Agreement applies is legally described as follows: See Attached Exhibit "A". 3. The City hereby confirms that, pursuant to Section 4.6.9(E)(3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in-lieu of providing two (2) of the required number of parking spaces for the development of the Property. 4. Owner shall pay to the City a total in-lieu of parking fee of twelve thousand dollars ($12,000.00) (which represents $6,000.00 per parking space). The total fee shall be paid as follows: (a) One payment in the amount of six thousand and 00/100 dollars ($6,000.00) by check delivered to the City upon execution of this Agreement by the City. (b) Two payments, each in the amount of three thousand and 00/100 dollars ($3,000.00), due on the second and third anniversary of the date of this Agreement. (c) Each payment shall be made to: Finance Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 5. In the event Owner fails to make the payment in the time allowed, the City shall provide written notice by certified mail, return receipt requested to Owner at ~ ~e~ t~v.~ '0~-~ ~ '1>~.2-~.~ i~enel/ ~x. :~$644 , or at such other address as may be designated by Owner by written notice to the City. The City's notice shall request that Owner make the past due payment no later than thirty (30) days from the date the notice is received. Failure of Owner to remit payment within this thirty (30) day period shall be deemed breach of this Agreement. The City shall thereby be entitled to file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees. 6. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 7. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 8. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. 9. This Agreement is not valid unless signed by the City's Mayor and City Clerk. 10. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County. 11. This Agreement shall be recorded in the Public Records for Palm Beach County, Florida. IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth below. ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESSES: STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor (CORPORATE SEAL) The foregoing instrmuent was acknowledged before me this ~,.! day of ~r,s~a'~4 , 200~by :~'t-~C~l.~__ h,s t,!:'~. (name of officer or agent, title of officer or agent) of 0O'txtt~ x'v,~ I'X,0~ . talC. (name of corporation acknowledging), a ~-~O,~u>A (state or piace of inc~)rpo'ration) corporation, on behalf of the corporation. He/She is ~personally known to me or has produced as identific~ Signature ~fNot~y Pg~lic - State of Florida Keith D. Keco MY COMMISSION # CC921747 April 16, 2004 EXHIBIT A PC Number: 12-43-46-16-01-083-0010 Legal Description: Lot 1 and Lot 2 less South 58 feet and less beginning 18.5 feet South of Northwest comer, thence 14.84 feet point of beginning, then North .48 feet, thence South 39.81 feet, thence South 1.11 feet, thence East 39.81 feet to the point of beginning, Block 83, Town of Delray, according to the plat thereof on file in the office of the Clerk of Circuit Court in and for Palm Beach County, FL recorded in Plat Book l, Page 3 TO: FROM: SUBJECT: DA,V, tI~T. HARDEN._CITY MANAGER PA~UL%ORLI TOR OF PLANNING AND ZONING MEETING OF MARCH 5, 2002 ** CONSENT AGENDA** AUTHORIZATION TO INCREASE THE SAND VOLUMES ASSOCIATED WITH THE CURRENT CONTRACT FOR THE 4TM BEACH RENOURISHMENT PROJECT. On December 11, 2001 the City Commission approved the award for the Beach Renourishment contract to Bean Stuyvesant for $3,882,210. The award covered mobilization costs and the placement of 1.1 million cubic yards of sand on 1.7 miles of beach. The estimate of sand volumes was the difference between the surveys of existing conditions during the permitting process and a required beach design profile contained in the state and federal permits. Immediately prior to the start of the project new surveys were conducted to update the existing volumes of sand. After conducting these surveys additional erosion from recent storms will necessitate the placement of additional sand to optimize the design profiles. Approximetely 1.2 million cubic yards or an increase of 100,000 cubic yards will be required. While it is not imperative that this additional volume be placed on the beach it would appear prudent given the extremely competitive bid of $2.60 a cubic yard and the fact that the contractor is on site. The current contract has a line item for beach tilling which can not be accomplished as part of this contract as the task is to be completed prior to February 28, 2002. The elimination of this task will result in a contract savings of $53,700. The additional 100,000 cubic yards of sand material is expected to cost an additional $260,000 (a difference of $206,300). Funds for this addition volume can be accommodated through short term financing with the entire cost of the contract later reimbursed from Federal, State and County appropriations. By motion, authorize an additional 100,000 cubic yards of sand material to be placed on the beach as part of the 4th Beach Renourishment Contract Award to Bean Stuyvesant. Attachments: Bid summary Project limits Design plan views COASTAL PLANNING & ENGINEERING, INC. COASTAL & OCEAN ENGINEERING COASTAL SURVEYS BIOLOGICAL STUDIES GEOTECHNICAL SERVICES 2481 N.W. BOCA RATON BOULEVARD, BOCA PATON, FL 33431 4819.15 (561) 391-8102 Fax: (561) 391-9116 Internet: http://www.coastalplanning.net E-mail: mail@coastalplanning.net March 1, 2002 Mr. Paul Dorling, AICP Director of Planning and Zoning City of Delray Beach 100 NW 1 Avenue DelrayBeach, FL 33444 Re.' Increase in the Sand Volume Placement Requirement for the Beach Renourishment Project Dear Paul: Since completion of the beach renourishment design in early 2001, the beach within the project area has lost almost 100,000 cubic yards of sand. The additional volume is based on analysis of the results of the pre-construction beach survey conducted by our firm. In order to construct the project as designed, the beach fill requirements have increased from approximately 1.1 million cubic yards to about 1.2 million cubic yards of sand. Assuming an additional volume of 100,000 cubic yards of sand is to be placed by the contractor, Bean-Stuyvesant, the additional cost, at $2.60 per cubic yard of sand is $260,000. Including the additional sand, the total project cost would be $4,142,210, compared to the bid cost of $3,882,210. This is to recommend the City incorporate the additional sand volume into the beach renourishment project construction volume to be placed by the dredge contractor, and budget for a minimum project cost of $4,142,210. If you should have any questions, please call me. Sincerely, Richard H. Spadoni Senior Vice President i:word/palmbch/delray/481915.060 NAR 0 1 2002 4819.15 March 1, 2002 Page 2 cc: Dan Marfino, City of Dekay Beach Jackie Thompson, DEP Charles Stevens, USACE Jennifer Davis, CPE Craig J. Kruempel, CPE Mike Jenkins, CPE COASTAL PLANNING & ENGINEERING, INC. T r 17B' 1000 0 1000' 2000 ATLAN-flC AVENUE R 179 R~ R LINTON BLVD. LEGEND · · DNR SURVEY MONUMENT ~--BORROW AR=_A I BORROW AREA II FIGURE 2 LOCATION OF BEACH RENOURISHMENT PROJECT LIMITS RELATIVE TO PREVIOUS BF__ACH PROJECT LIMITS 17'9 1"=.4OD' TOE OF FILL INSTRUCTION ME_AN HIGH WATER LINE , A TI._,,~t~TIO OCEAIV CREST LANDWARD LIMIT OF FILL US ARk~Y CORPS OF ENGINEERS JACKS ONVIL.L~. D;S"i"RICT D£LRAY MATCHLINE BEACH RENOURISHMENT PROJECT DELRAY BEACH, FLORIDA PLAN VIEW DATE : 1/O4/20D1 FIGURE NO. PLATE 1 MATCHLINE R1~3 A OF FILL CONSTRUCTION ME. AN HIGH WATER LINE R 184 BERM CREST LANDWARD LIMIT OF FILL A 77_,4NTIC OCEAN R / / / ' \ MATCHLIN--- US ARMY CORPS i OF ENGINEERS JA~K~ON~I ~ ?'F D!~-'"~RICT DELRAY BEACH RENOURISHMENT PROJECT DELRAY BEACH, FLORIDA PLAN VIEW DATE' 1/04/2001 FIGURE NO. PL.~.TE-2 R18~ A. T 1~ I I I / MATCHLINE MF~,N HIGH WATER LINE BERM CREST LIMIT OF FILL A TZ_A,N'7"IC --TOE OF FILL 1 / · I US AR~Y CORPS OF ENGINEERS DELRAY BEACH RENDURISHWENT PROJECT DELRAY BEACH, FLORIDA PLAN VIEW DATE : ~/0¢/200 FIGURE NO. ~LA'FE 3 '5 -.- R ~ 776DOD D£LRAY .~-t BEACH 'l N 744-000 "'._- ~2~. LIN]'ON '. '~i R 1BO R 1950'9: ~ 75600~ 1' = 2000' BORROW AREA I1 ~ 776000 772000 2DSO'--- BORROW AREA I N 744-000 ~4TZ~AA~TIC OC£AN US ARI~.Y CORPS OF ENGINEERS JACKgONVI~ ~_.E D Lg]FRICT t DELRAY BEACH RENOURISHMENT PROJECTJ DELRAY BEACH, FLORIDA j · BORROW AREA I &: I1 PLAN VIEW j ! DATE : 1/O4/2OO~ FIGURE NO. .. PLATE 4- Request to be placed on: ~ Consent Agenda When: March 5, 2002 Description of agenda item: AGENDA ITEM NUMBER: AGENDA REQUEST Special Agenda Workshop Agenda Authorization to increase the sand volumes associated with the current contract for the 4th Beach Renourishment Project. The change would increase the original contract award which included 1.1 million cubic yards of sand to 1.2 million cubic yards. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO R~oommendation: Approve an additional 100,000 cubic yards of sand material to be placed on the beach as part of the 4th Beach Renourishment Contract Award to Bean Stuyvesant. Department Head Signature: ~ ~/~ Determination of Consistency with Comprehensive Pla 't~/' City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): / Funding available: Yes v~ No Funding alternatives: tAccount Number: C~'Account Description: Account Balance: City Manager Review. Approved for agenda:~ ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved (if applicable) Disapproved P.O. # MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM q-/~- REGULAR MEETING OF MARCH 5, 2002 GRAFFITI REMOVAL/OCEAN BOULEVARD MARCH 1, 2002 This item is before the City Commission due to a request received from Mr. Jim Smith for the removal of certain graffiu from the sidewalk on the east side of Ocean Boulevard. Attached is a list he forwarded to the Cxty along with a picture of one particular location. Much of this we would do and have done in our normal course of business. However, there are two (2) types of graffiti which have not been our normal practice to remove. Spray painted markings made by surveyors or to indicate the location of underground utilities. These markings are made with a type of spray paint that wears away in a few months. So, we have not taken any steps to remove them more quickly. Also, we cannot always be certain exactly when the party who made the markings is finished with them. Initials, words, or other marks cut into the concrete when k is wet. We have only removed these when they are vulgar or obscene, or when there is so much graffiti that the section of concrete is rendered aesthetically unacceptable in the ludgrnent of our staff. Our method of removal is to cut out the section of the s~dewalk and re-pour it. To re-pour a 3' x 5' section of sidewalk costs the City approximately $50.00. The City could also purchase a grinder for $7,000 and remove some of these markings by grinding them off. Commission direction is requested as to how the City should handle these two types of graffiti. S \C~ty Cletk\chevetle folde~\agextda memos\G~affiu 03 05 02 Harden, David Page 1 of 1 From: JamesEJIMCHAR@aol.com Sent: Monday, February 04, 2002 9:42 AM To: mayordave56@hotmail.com; Archeremail2@aol.com; Delraycommish@aol.com; KathyandJeff@hotmail.com; Jonlevinson@compuserve.com; Harden@ci.delray-beach.fl.us Subject: Graffiti Behind Pavilion at Atlantic Avenue & Ocean Blvd This is what visitors see when they visit Delray Beach. To paraphrase: Delray Beach doesn't want you if you're from Broward County. Is this the message we want to give to our visitors? Jim Smith *** eSafe sca~r~ed this ema~L for m, al.-'.c~ous contenL *** **4 IMPORTANT: Do not open attachments from unrecognized senders 2/4/2002 01/10/2002 19:03 3058548504 J & C SMITH P~E 02 To: City Mana~r City Commission~ Subject: C. sra{~ on ~ Blvd. Sidewalks I~low is a ~affiti inventory 'takga on Monday, ~ 3, alon8 Ocean Bird,: Although the graffiti is in fairly good control, there are still a few stubborn areas that need mom attention. The remainin~ ~ratliti is predominately either etching in the cement, or red surfer's wax. Both are very difficult to remove and require multiple cleanings. Also, there is one area on the walkway to the beach, next to the pavilion off of Atlantic Aw. that needs special attention. This is a newly (last month) patched section that was quickly covered with graffiti. By lhe way, that patch was made with different main'iai than the sidewalk. Location or Pm'kin~ Meter # B16 grvwer (et~ in cenmnt) (in Pavtllion) RR RR J$ J$ noss C B~3-B34 C T/(n~w - both with surf~"s mi wax) B34-B35 B36 B54-,B55 - Shower Area B58-B59 Fran~l Mary '87 Mary Joelle ~t Maflsta Herb Who Love Ya AKA Bunger Shoe Man JU8 I ~oLove (old elevation that should be Removed) Neon C (both have been clean but not obliterated) 01/~0/2002 19:03 3858548584 On oemeut walkway leading down fi'om the shmlter at Avenue towards the beach. walkway next to the Pavillion SMITH No flm~ard * S, Dawn * No Broward D~n 't even t~nk abo~t ~t See parasraph above. o3 Next to pole (no sign on top) across fi'om the Marriott driveway. BI07 BI3g..BI39 B147 B149-150 BI 52-B153 - Shower Area B153 BI61 B164 BI67-BI68 B167 B165-169 - Shelter B171 -BI71 $00 (should be removed, not related to new elevation work) 300 RAST~4 Bruce Smile Don Les mOt (~ ammo E£ - 15. 75 0 (old ~t~v~tion T.! C.#,$. (surfer's wax) Jos Hsm Tracy Big ~o Mom Ca. ti (r~w) I did not invemory nor mention the new elevations that are nutrked in yellow since I believe they are needed for the upcoming beach repleniMunent project. Thanks for your attention in mnldn~ DOlfay'9 #1 tourist area an evefl prettier place to walk, Sincerely, run Smith Message Page 1 of 1 Harden, David From: Barcinski, Robert Sent: Thursday, February 28, 2002 2:42 PM To: Harden, David Subject: Sidewalk Graffiti A concrete plainer costs about $7,000. Cost to remove and replace a 3'x5' section of concrete, labor, materials and disposal cost is approximately $50. 2/28/2002 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM 6~.~,.. REGULAR MEETING OF MARCH 5, 2002 HIGHLAND BEACH RESIDENTS/TENNIS CENTER RATES MARCH 1, 2002 This is before the City Commission for consideration of a reduced non-resident membership rate at the Delray Beach Tennis Center for Highland Beach residents. The rate will be reduced from $625.00 for families to $500.00 and from $450.00 for single to $350.00, provided that a minimum of 10 people from Highland Beach have these memberships. This is justifiable for two (2) reasons. The City of Delray Beach has a long-standing relationship with the City of Highland Beach in providing fire/rescue and other services for them. In addition, became the City of Highland Beach does not have a tennis facility, Highland Beach residents must join a tennis facility outside of their city. Recommend approval of reduced non-resident membership rate for Highland Beach residents. S:\City Clerk\chevelle folder\agenda memos\l-hghland Beach Tennis Rates.03 05.02 · Harden, David Page 1 of 1 From: David Schmidt [mayordave56@hotmail.com] Sent: Thursday, February 28, 2002 8:45 AM To: Harden @ci.delray-beach.fl.us Subject: agenda item for march 5 meeting David: I would like to have an item on the 3/5 agenda to consider a reduced non-resident membership rate for residents of Highland Beach at the Tennis Center. I was contacted by Mayor Tom Reid from Highland Beach, who advised me that approximately 10 of his residents had not renewed their membership at the Tennis Center when we raised rates. He asked if we would consider a reduction in rates. Bob Barcinski, Brahm Dubin, Dick Stockton and I met to discuss the request. All 3 were comfortable with reducing the rate from $625 for family to $500, and single from $450 to $350, provided that a minimum of 10 people from Highland Beach have these memberships. We justified the special rate for them fbr 2 reasons. First, we have had a long-standing relationship with Highland Beach in providing fire service for them. Also, Highland Beach residents must join a tennis facility outside of their city as Highland Beach does not have one. Residents of Boynton and Boca, for example, could join their municipal facility if they thought our rates are too high. I advised Tom Reid of the results of our meeting, and he talked to his residents. He believes all will re- join if the rates are reduced as proposed. If you have any questions, give me a call. David Schmidt Send and receive Hotmail on your mobile device: Click Here 2/28/2002 Y DELRAY BEACH TENNIS CENT R-FISCAL YEAR 2001-2002 PROPOSED MAXIMUM MEMBERSHIP RATES OCTOBER 1,2001-SEPTEMBER 30,2002 - ANNUAL MEMBERSHIPS (12 MONTHS) TYPE MEMBERSHIP EXISTING PROPOSED % INCREASE RESIDENT SINGLE $ 255.00 $ 265.00 3.9 FAMILY $ 385.00 $ 400.00 3.9 JUNIOR $ 50.00 $ 50.00 0.0 NONRESIDENT SINGLE $ 425.00 $ 450.00 5.9 FAMILY $ 595.00 $ 625.00 5.0 JUNIOR $ 100.00 $ 100.00 0.0 MAY 1,2001-SEPTEMBER 30,2001 - SUMMER MEMBERSHIPS (5 MONTHS) TYPE OF MEMBERSHIP EXISTING PROPOSED % INCREASE RESIDENT SINGLE $ 110.00 $ 115.00 4.5 FAMILY $170.00 $ 180.00 5.9 JUNIOR $ 35.00 $ 35.00 0.0 NON-RESIDENT SINGLE $ 175.00 $ 185.00 5.7 FAMILY $ 250.00 $ 265.00 6.0 JUNIOR $ 55.00 $ 55.00 0.0 FAMILY=HUSBAND, WIFE AND CHILDREN UNDER 18 AND 21 ATTENDING SCHOOL MEMBERSHIP RATES DO NOT INCLUDE FLORIDA SALES TAX xl/public/tcfiscal rates Memo To: From: Date: Re:. David Harden, City Manager Lula Butler, Director, Community Improveme March 1, 2002 Request to Reduce Liens for Property on SW 12t~ Avenue ITEM BEFORE THE COMMISSION: City Commission consideration of a request from Charles Ridley to reduce the amount of interest and administrative fees assessed to property he now owns in the amount of $2,694.37. Mr. Ridley is proposing to pay the balance of $4,847.02 to the City in a lump sum, which covers all out-of-pocket costs plus interest and fees assessed for all code activities other than the demolition of the unsafe structure. BACKGROUND: Mr. Ridley inherited the subject properties, which included a substandard duplex (137 SW 12th Ave) and one vacant lot (110 SW 12th Ave) in 1987. Through its code enforcement efforts, the City declared the duplex unsafe and subsequently demolished the structure in 1990 at a cost of $3,883. Mr. Ridley believes that due to his limited resources at the time, he was unable to bring the structure up to standard conditions, thus he supported the demolition. The City has abated nuisances mostly associated with trash and debris on the vacant land since that time. Mr. Ridley's request is to waive the interest assessed for the demolition of the unsafe structure, s~nce the condition of the building was outside of his control since he inherited the problem. The other costs are for nuisances associated with the removal of trash and debris on these properties. The most recent nuisance was abated in 1999. There were two special collections associated with illegal dumping in 2000. Staff believes this is a reasonable request. (See attached table) RECOMMENDATION: Staff is recommending that the City Commission approve the request as presented releasing $2,694.37 in accumulated interest and fees assessed and accept the payment of $4,847.02 representing the balance, including the City's out-of-pocket costs plus interest and fees on the nuisance abatement cases. LB:DQ Ridley waiver.mar2002 Invoice Type of Date Work Special 3/7/2000 Collection Special 10/5/2000 Collection Nuisance 5/19/1999 Abatement Nuisance 1/22/1998 Abatement 6/5/1995 Demolition Nuisance 8/16/1993 Abatement Nuisance 10/29/1992 Abatement Nuisance 7/23/1992 Abatement Nuisance 10/20/1988 Abatement 2/12/1988 Total Cost Breakdown Out of Admin Recordin~l Pocket Char!:les Fees 11.50 23.00 Interest To-Date 148.00 70.00 2.30 45.90 2.47 24.00 70.00 3883.00 388.30* 59.00 70.00 3.20 23.68 70.00 2.23 66.64 70.00 2.30 43.00 50.00 2.50 35.00 35.00 2.30 4316.82 823.30 17.30 32.00 2306.07* 2383.97 Total Cost 7541.39 Release Amount Requested Owner Paying Total Charges 2,694.37* 4,847.02 7,541.39 · Page 2 Date: 3/1/02 Agenda Item No. C~¢ AGENDA REQUEST Agenda request to be placed on: X Regular __ Special ~ Workshop When: March 5, 2002 Description of Agenda Item: Request for a Reduction of Liens for Property on SW 12th Avenue Consent Ordinance/Resolution Required: Yes ! No Draft Attached: Yes / No Recommendation: Approval Department Head Signature:__ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda:(~/No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~. ~ - REGULAR MEETING OF MARCH S; 2002 DOCmNG LICENS ./r tDY LUCI .LE CRIJI E MARCH 1, 2002 This is before the City Commission for consideration of a request received from Captain Joe Rugare of Lady Lucille Cruises for a license to be allowed to operate from Veterans Park more than six times per year. He is requesting to be allowed to operate 30 times per year or to have unlimited dockage. The City Attorney advises that an unlimited license would definitely be in violation of the exclusive license we have previously granted to Dane Mark. Mrs. Ruby advises that even 30 times per year would violate the existing license. However, 12 times per year would probably be acceptable. I recommend that Captain Joe Rugare of Lady Lucille Cruises be granted a license to operate from Veterans Park up to 12 times per year, and pay the same fee as is required for a temporary license, which is a $250 permit fee for each trip. The remaining recommendations in Captain Rugare's letter will require a code amendment and will be brought back to the Commission at a later date. January 28, 2002 RECEIVED JAN 2 9 2002 CITY MANAGER Mr. Dave Harden City Manager 50 NW 1st Ave. Dclray Beach, FL 33444 Dear Mr. Harden, I am sending this letter as a tbllow-up to our telephone conversation between the City of Delray Beach and Lady Lucille Cruises. City Ordinance #18.92 section 92.15 deals with docking license for excursion boat operations. I would respectfully request to ask the City Commissioners to modify a few of these rules. Letter D of Section 92.15 states that the hours of operation are 9:00AM to 10:00 PM. I would request that those hours be changed to 10:30PM on weekdays and 11:00 PM on weekends. Tine Ramblin Rose lease allows them to operate to 10:30 PM. Letter F states that an excursion boat shall not moor to docks for longer than 30 consecutive minutes. I am requesting that the rule be changed to 3 hours. It takes us 30 minutes to board the passengers which does not give our crew time to set up the vessel. Section 92.16 allows the City Commission to grant a long term license for more than six times per year. I would request that Lady Lucil!e Cruises could operate 30 times a year, or better still, have unlimited dockage. I would very much appreciate placing lhese requests on the next agenda. Sincerely,~ ~ Jc~l~eR~r~se's [IT¥ OF DELRFI¥ BEFI[H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's D~rect L~ne. 561/243-7091 1993 DATE: TO: February 22, 2002 City Commission MEMORANDUM FROM: Susan A. Ruby, City Attorney SUBJECT: Appointment of Assistant Ci_ty Attorney I The City Charter provides that the City Commission approve appointments of attorneys representing the City. At this time, I recommend the appointment of Terrill Collette Pyburn, Esq. for the position of Assistant City Attorney I. Ms. Pyburn graduated from Southem Methodist University College of Law where she was on the Dean's List. She has worked for a local law firm and has litigation experience. If approved by the City Commission, Ms. Pybum's starting salary will be $48,000.00 per year with merit increases occurring on October 1 in conjunction with the start of each fiscal year. Ms. Pyburn will begin work for the City on March 11, 2002. Vacation and sick days will be the same as for all non-represented City employees. Ms. Pybum would receive the automobile allowance received by Assistant City Attorneys, and will be eligible to participate in the ICMA Retirement Plan beginning on the first anniversary of her date of hire with the City. Ms. Pybum has accepted the offer outlined above, contingent on approval by the City Commission and confirmation of medical and background information. I am pleased to recommend Ms. Pybum to you for appointment. By copy to David Harden, City Manager, our office requests that the appointment of Ms. Pybum be placed on the regular City Commission agenda for March 5, 2002. SAR:ci ~ cc: David Harden, City Manager Barbara Garito, City Clerk Terrill C. Pybum, Esq. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~f]~, AGENDA ITEM (~,~'- REGULAR MEETING OF MARCH 5, 2002 APPOINTMENT TO THE EDUCATION BOARD MARCH 1, 2002 Miss Lane Carlee has resigned from the Education Board effective October 2, 2001 creating a vacancy for an unexpired term ending July 31, 2002. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following have submitted applications and would like to be considered for appointment. Maria Barber Ron Brito Tanya Dowell Philip Friedman William Heller Cheryl Lee-Bennett Christina Mordson Ilse Nathan Diane Richard-Allerdyce Sidney Snyder Alan Thieman (Currently on Board of Construction of Appeals) (Currently on Board of Adjustment) Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. A check to confirm all are registered voters was completed. Based on the rotation system, the appointment will be made by Mayor Schmidt (Seat #5). Recommend appointment of one (1) regular member to the Education Board to fulfill an unexpired term ending July 31, 2002. Miss Lane Carl~ 734 South Lnke Avenue Delray Beach, FL 33483 (561) 272-1866 10/2/01 Dear Mayor Schmidt; With this letter I am resigning my position as a member of the Delray Beach Education Board, effective immediately. I feel the greatest loyalty to the Education Board and wish to express my gratitude for the year I was able to serve. Personal circumstances make tt impossible for me to accomplish my responsibilities as a board member. Currently, I am unable to devote the time needed to be an effective member. It therefore seems appropriate to resign. My regret concerning this is all the stronger because of the exciting programs planned for this year. I hope that I can serve the city, s0/hetime in the future, and that you might consider me again. Thank you very much for your confidence and I appreciate your support. e C: Mrs. Butler Mrs. Meeks RECEIV.ED OCT 1 52001 CITY CLERK tllllW CITY OF DELRAY BEACH 11'® BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. Last. Name: 2. Home Adckess: 3. Legal Residence: Principal Business Adc~ess: City De. Iraq State State State Zip Code Zip Code Zip Code 5. Home Phone: { Business Phone: 6. Ate you a registered voter? '/. What Board(s)_ar~ you interested in_serving?. E-Mail Address: { Cell Phone: I /gsf so, w¥.$,e are~y.o.u r~gi,stered? Fax: ,'t. 8. List all CitT Boards on which you are currently serving or have previously served: (Please include dates) 9. Education. al qualifications: 10. List any related professional certi~c,ations and licenses which yqu hold: 11. Give yo~ pres~g o: most ~c~t~ployer,.md~osifion: I 12. Describe expexiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I h~eby ~ ~t ~ ~e ~e s~m~ ~e ~e, ~fl I ~ee md ~dm~d ~at my ~ssmt~ent of~t~ hcts c~ed b ~ app~ofi~ ~ ~me foffd~e ~on my pm of my appob~mt I ~y ~cdve. s~.~ ~~ O~IV~D Note: This application will remain on file in the City Clerk's Office for, periqda 9al ~yliar~rnom the date it was submitted. It will be the applicant's responsibility to ensure that a c~llplali~a&gg/4s on file. ~.~rrYc~ I~OARDLJdI~LJC ATION CITY CLERK BOARD MEMBER APPLICATION 2001 PI~, ~e ~me ~ p~ che follow~R i~fom~on: J. Lm l,~nc~ Name Rt~I:I'O RI)PI 2. Home Aa~us: ~ S~te 19~ S.E. 27th Ave. ~oynton Bch. fl. 3. ~~~ ~a~ 2559 Webb Ave. D~lray Bch. Fl. 33444 'S. ~ ~. ~u~ess Pb~: ~ 734-8828 279-03]] ECIWORKeaol.co]. 44]-3767 279-0335 6. Am 7ou s ~s=rcd v~ yes 1; so. where ~ you ~e~stc~d~ Boynton Bch. 7. ~l~ BosFd(s) ~ you m~=es~cd m se~'~ ~se ~st ~ ~ o{~c[er~: E~ucat~on Boar~ ~uc~uon~ qu~uons- see ~esume JO. ~ ~)' ~ed pr~essio~] ccm~cidoas snd bcemes ~ch Fou boM. 5~a~e Gene~aZ Con~a~o~ ~. G~e Fora pr~cnh oz mos~ ~ccm e~loycL ~d ~siaon' geIf ~m~3oved s~nee 1979 / t~o ~h~l~ren ~hat a~aduated ~om A~lan~c H.S. & ~wo moFe ge~n9 ~ead~ Lo ~adua~e / Z ~ea~h a b~b~e s~ud~ a~ ou~ ~hu~ch / several board pos~t~ons a~ church ~ C~ ~ot ~ ~ I~e sm~me~ ~e ~e. ~d I gGNA~ Nme: This npplico6on will remain on ~1¢ in the Chl, Clerk's Office for · period of 2 years ~rom the date it was submi~ed It w~ be zize tpplicunt's respons:bitiry m ensure tha~. cuncnt application is on RECEIVED FEB 1 4 2002 CITY CL RK RON BRITO, GENERAL CONTRACTOR 198 8.E. 2~ Avenue Boynton Beach, Florida ~FORK IIISTOR Y: 1965 - 1979 Fourteen years as a framing and finish carpenter in Riverside, San Bernardino and Laguna Beach, California. Production framing on several multi-family complexes, housing tracts, and high quality custom finish work. Seven years as Carpenter, two years as Leadman, five years as Foreman on new residential and commercial projects, as well as renovations and remodeling. 1979-1983 LICENSED B UII~ING CONTRACTOR/CALIFORNIA ldo. B-388997 Spent five years subcontracting and running framing, siding, trussing, floor joisting, and stair installation on multi-family complexes from large contractors. During this time, I contracted new single-family homes, additions, remodeling, commercial roofing, and commercial tenant improvements. 1983 - 1985 Job Superintendent on custom housing in the Nashville, Tennessee Subcontracting framing, trussing, and siding jobs for the next two years. area for one year. 1986-1989 LICENSED GENERAL CONTRACTOR/FLORIDA Lie. CGC-047369 Worked at "The Township" as Punch-Out Foreman for one year. Worked for David Jones Construction at Gleneagles, Polo Club as Lead Carpenter and Foreman for one year on 32 eight-plex wood frame multi-family units, Worked for Davis Brothers as Superintendent on Brighton Lakes in Boynton Beach, building 36 wood-frame duplexes. Constructed custom housing from Manalapan to St. Andrews, Boca Raton. Received General Contractor's License In February 1989. 1989 - 1991 LICENSED GENERAL CONTRACTOR/U.S. VIRGIN ISLANDS Lic. 2-01392-92 Traveled to St. Croix after Hurricane Hugo for 5 days to bring supplies and help restore power and water to units of condominiums for a frtend. ~greed to come back to restore two houses. Restored fourteen residences, two commercial buildings and six rental units. ~41so completed work in St. Thomas and St. John on custom homes..4cquired General Contractor's License in the Virgin Islands in February 1990. Returned to Florida in July of 1991 and began new additions and remodeling projects. ,4fter Hurricane ~4ndrew, } opened a field off/ice in Miami for restoration work. My Miami office completed 16 residential restorations and about 32 roofing projects. R ON BRIFO, GENERAL CONF~ CTOR Page 2 1992-1993 Was asked to take over operations of Falkav Construction as General Mgr. and to qualify the company. Falkav Construction was, at that time, under contract with the City of Delray Beach for the new Tennis Center (2.5 million-dollar contract) and was engaged in school projects for districts from Lake Worth to Miami-Dade County. Although, after a thorough research, I decided not to qualify Falkav, I brought the Delray Tennis Center to substantial completion in time for the Vh,ginia Slim Tournament, and all of the school jobs were in line. Owner and President, Enterprise Contractors, Inc. Enterprise has completed many local residential and commercial projects since it's inception, including new construction, additions, remodeling and historical renovations (such as the Sandoway House Nature Center in Delray Beach). In August 199J, I was appointed to the Construction Board of Appeals in Delray Beach, and I was the Board's Director for a 2 year term. PERSONAL HISTORY: I am $$ years old, married, and have four children. I have two years of college, majoring in Business Management. 1 am an active member of my church (SDA), where 1 have been a Deacon for 14 years and am currently a Sabbath school teacher for young adults. I also sit on the Church's Building Committee. I own a home in Boynton Beach, where my family has lived for 16 years, and I am a member of the Architectural Review Board for the Vernon Heights Property Owners' Association. I am also a 16-year member of A.A. and am active on several committees. Tennis, surfing and jogging are my favorite pastimes. RECEIVED ............. _~U~ .2 .m 2ooo . EMPLOYMENT TANYA R. DOWELI.,, ACSR 4686 Cresthaven Boulevard ~ West Palm Beach,~341~ (Home) $61-649-2631 (Wor~19 ~ealth Manafement Systems- W~t pahn Beach~ FL Adminisrrari~e 2ssisr~nt - J~n~ ~000 ~o Pr~ent ~j~ ~o~1~ ~ ~cl~ ~g ~ ~d ~l~g ~o~ ~~fli~es ~ ~ fo~o~: ~~ Pa~ble ~~ ~d rock ~j~ B~g ~voic~g ~ ~d ~ ~ged ~ ~~ ~ T~g ~b~ ~ ~l ~t ~ged ~ ~~ ~voic~g ~si~ Vice ~sid~t of M~g ~ ~g~ of~e ~cisi~ 5~ ~o~ ~ n~ed ~si~ Field ~~ ~ n~ed Ma~ T~e Off Sch~ule Work on 5~i~ ~oj~ ~ n~ded Facili~ ~~on Ma~t~ce of~u~ ~d non~u~d o~ ~~ ~d ov~ ~d~ ~la~ps ~a~ ~d ~ck budget f~ o~ .Patient Financial Services~ Intracoastal Health Systems - West Palm Beach, FL ~dministrative Assistant - December 1998 to December 1999 Ropor~ directly to System Director of Patient Financial S~vices as l~'sonal secretary, handling various aspects of the PFS Adm/ni~/tation Office as follows: Accounts payables Checkruns Compile and maintain Daily Report Card production report · Prepare agenda for weekly PFS management team meeting Order and maintain office supplies · Vendor Relations · Non computerized office equipment, i.~. phones, faxes and copiers · Building issues, i.e. maintenance, parking and security · Special projects · Appointment scheduling · Filing · Miscellaneous typing · Provide clerical support to director and managers as needed ,,Qfflce of u.S. Conzressman Alcee L. Hastimts - West Palm Beach, FL Congressional Staff Assistant - August 1998 to December 1998 Reported directly to the District Representative. Major accomplishment included development of automated forms on computers increasing production by 50%: · Worked on both Florida State Senator Mandy Dawsons and Commissioner Maude Lee- Ford's campaigns · Attended various engagements on behalf of Representative Hastings · Typed letters Appoinm)ent scheduling · Ma~ compum equipmmt · OFdm~ and maintained office supplies · Handled constituents calls/concerns and relay to rvpresentative Hastings DC o~ce · Provided clerical support to congressional staff assistants Associated Business and Commerce Inaurance (~0rp0ration - Boca Raton, FL Undervoriting ,4ssistant - Workers' Compensation Ins. January 1995 to June 1997 Reported directly to the Underwriting Manager. · Accountable for reviewing, quoting and underwriting new business and renewal submissions · Data entry and maintenance on account files · Verified business experience rating modification with NCCI · Processed and issued endorsement changes · Responsible for sending te.,.hufion and reinstatement notices before Florida State guidelines · Da. ily contact with NCCL Florida Department of Insurance, agents and policyholders Atlanta Ctsualt3, Insurance ~ompan¥- ~tlanta, GA Administrative Assistant - dctuarial Product Management August 1993 to January 1995 Repofled directly to the VP of the actuarial department as administrative and personal · Electronic maintenance of private paasenger state filing manuals on PC · Down loaded manuals for preparation of individual state filing · Provided clerical support to actuaries · Prepared weekly and monthly production reports · Maintained law library National Council On Workers' Compensation Insurance- ]8ocs Raton~ FL Supervisor- Order Processing Department July 1989 to January 1992 Reported directly to Assistant Vice President of Quality Assurance. In charge of hiring, ~i~ing and evaluating the performance of employees in the Order Processing Department. Involved in all phases of quality customer service, order processing and Mailing lists syslrms. · Data enU'y of product orders · Resolution of account discrepancies · Prepared month/y status reports 2 · Appointed Team Leader of the Financial Information System Task Force. The FIS Task Force studied the order processing, accounting and mail center systems. It purpose was to develop more efficient ways of tracking financial information and getting publications out the door in a timely manner. · Appointed member of The Effectiveness Publication Process Committee EDUCA~ON Sinclah' College - Dayton, OH - Major:. Business Administration & Secretarial Sciences. ACSR Insurance Designation, 440 Commercial Lines Insurance License b'KIi.,LS AND STRENGTHS Windows 95, Windows 2000, MS Word, MS Excel, MS Access, Lotus 123 4.1, WordPerfect 6.1, Qua~o Pro and Ami Pro Insurance Systems - Insttrnet, Applied and FFVA Systems 3 BOARD MEMBER APPLICATION 1993 Please type or prat the {o]]ow~ 4. Pr~dpa] Bus{ness Address: City Stye Zip Code 5. Horr~ PhOne: Bmin~, Phone: ~11Phop,: E-~ ~: F~: ~. Edu~ ~~om: 10. ~ ~y ~ed professio~ ~~ ~d ~es w~ y~ hol~ 11. Gi~7~e~t, ~m~ ~ ~1~$~: i. I Z ~ Note:. remain on file Ln the Cky C]erk's ~ ~or a period of 2 years fzom the date itTM subn~tecL h ~21 be the applk~uz's tespo~i~ to ens~u~ d~z a currant application is on file. RECEIVED APR 2 3 2001 CITY CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Heller 50 East Rd, Apt. As above William 5-H Delray Beach FL H ~483 Not Applicable 561-274-7458 N/A N/A 6. Wl~t BonrdCs) m)'ou immmd in serving? Education Lit. ~I City Bo~ds on which you a~ cun~nTJ~ ~,ing ~ h&ve w~'iously ~: (Please iti¢i~l~ ctm$) None F. xiueafional qunliflc, ations: B.F.A. - Carnegie"Inst. bf Yechno. logy' -9. List ~¥ ~l~ed l~ofessiona! oerci~atio~$ I~d lion, es which ~ bold: None [ i O. Give ~r ~ ~ mo~ ~nt ~o~r, ~d ~sltion: President, Straus Finanaial Services Corp., Richmond, VA 11. Des=ibc exp~i~,c~ ~iLls ~ kn~vleclge which qugi~ ~ou to serve cm this board: (Please atmh s'briet'resume) VP and Training Director for a ma~or life insurance company. Z hereb~ certify that ail ghe abo~'e statement= are true, an¢t I agree and under~tand that any misstatement of mate, fa/facts contained in this application may cause forfeiture upon my part of · ny eppolnrment ~ may receive.  June 15~ 2000 . DATE '- : Ti~ ~pli~ation will remain on file in the Ctt~ Ci~k's O~ce fm~ p~iod of 2 ~ from the da~ it w. (BILL) Bill Heller was bom in Brookline, Massachusetts in 1928. He was educated at Cambridge Academy, Cambridge, Massachusetts, attended the University of l~ew Hampahire and was graduated from Carnegie Institute of Technology in Pittsburgh, Pennsylvania. Bill entered the insurance business in 1952 in Boston. In 1958 he was awarded the Chartered Life Underwriters designation. He and his wife moved to Richmond, Virginia that year when Bill accepted a vice presidency at Fidelity Bankers Life Insurance Company. In 1965, he resigned to become a consul- tant to life insurance companies with Bowles, Andrews & Towne working in their sales and marketing areas. In 1971, he opened his own general in- surance agency in Richmond. He retired as president of 8traus Financial Services Corp. in 1995 when he married Ann and moved to Florida. Bill and Ann have four married children between them. They have s/x ~randchildren. They moved to Bart Terrace in September 1995. Both have been actively interested in the Board and our social functions since that time. Bill's experience and knowledge of the insurance industry and his prior management du6es provide him with ab'titles that would be of value to all the Unit Owners at Barr Terrace. As a year-round resident, he has the time and interest to serve in a meaningful capacity on the Barr Terrace Board. 02'26/02 TI'E IT,09 Fg.x C6I 243 3774 L'II'~ DELRAY BEACH ~ CITY OF DELRAY BEACH .o,~.. MEMBER APPLICATION '1993 2001 .Please type or psmt r~r follm~ information: legal Residence. 4. Print:pal Business Address 5. Home Phone. Business 6. Are you ~ ~egzsrfred voter? L State State M.t. L Zqa Code Ce~. ] Fax ~t~ t iE-M~ Addres~.f } Phene ~ 7. XX~..t Bolrd{s) are you mtexes~ed _'~ servLng~ P..',~se lis~ m o=de: o£preL-renfe' $ Ug~l~ Ci~' Boar.ds on which xeu are c~-re:m": servm= oz h~,ve prer~uusl'; served: ~lease mc!uric dates) J 9. Educauonal quahfications 10. ~t an) ~thtcd p~tessiona~ ce:~fica~ns ano bcenses w~ch 7ou hold ~'~ezeby cert:f '¥h~t all the above statements ax~'g-ue, and I a~ and ~-n&rs~nd ~t any ~s~t~n~ o~ena facts , s~u~ ~.~ RECEIVED 30E/uo~eonp3 FEll ? 7 2002. CiTY CLERK sseuTsng e33:OT ~0 qe-I · , ..,~.~4m,r~=c.~ CITY OF DELRAY BEACH , IIII - - BOARD MEMBER APPLICATION 1993 2001 Pl~se ~/pe or prim ',.he following info~-n~don: 1. l.~st 2. Home Ad.ess: ~ Re~d~ce: 4. P~p~ ~usmess Ad.ess: 5. Home Phone: N e _City State O~ S~te ~ Sm~ ip Code Zip Code Zip Code I 6. A,e you ~st.ed vot~ ~~- If ,o, ~he~e~~.~e vou~~,e~ste,ed. ~ 0~/~ ~~'" ~ ] ])What Board(s) are you interested m serving? Please list in order of preference: 9. Ed)/~tion~l qu~ficad._.ons:_ __ 10. l~ist an), related professional certifications and licenses ~hic~ you hold; 11.~ive yo~ p,es~nt, o, ~o,{ ,ecent mploye~, ~d position: '__ ~ ~ I I hereby certify that ~ll the above sl~ternems are tmel~l~ ~ ~ff~l~rst~nd that shy misstatement of msterial acts ...... · upon my part of any appointment I may receive. CITY CLERK D~ZS~/ - Note: This application will remain on file m the City Clerk's Office for a period of 2 yexts f~om the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S~L'~TY~OAR. D~APPLICATION CHRISTINA MORRISON, CPM BACKGROUND DATA Christina Morrison is a Certified Property Manager (CPM) and a Licensed Florida Real Estate Broker. She has been ac°cive in the real estate industry for over 20 years; her areas of expertise include acquisitions, development, property management, sales and leasing management, training, and ail phases of real estate marketing. For the past several years, Chris has been the Director of Property Management for the Southern Division of the Pennsylvania Real Estate Investment Trust (PREIT), a publicly-Waded company based in Philadelphia, Pennsylva~a. Her duties included the supervision of apartment portfolios ranging from 2300 units to 3100 units in several states, the successful re-development of tf~ree apartment properties, and the authoring of the company's Polities and Procedures Manual and various training seminars on Leasing, Fair Housing, Safety, and assorted other topics. Prior to joining PRE1T, Chris was National Marketing and Training Direc~r for Regency Windsor Companies, an apartment development and management firm based in Vero Beach, Florida. Chris' responsibilities with Regency Windsor included the analysis, development, and coordination of marketing activities for all properties managed by Regency Windsor, encompassing over 12,000 apa, h,ent homes in eight states, and the development and implementation of various training programs for all Managers and Leasing Consultants. From 1991 until 1994, Chris was Director of Property Management for First Montgomery Properties of King of Prussia, Pennsylvania, overseeing the management and leasing of over 3,900 apartment and condominium units in four states. Chris is a graduate of Penn State University and is a ~ast Director and President of The Institute of Rea] Estate Management, Delaware Valley Chapter. She is currently President-Elect of the IREM - West Palm Beach Chapter. Chris is also a national instructor for the Institute of Real Estate Management, based in Chicago, Illinois, and trains Property Managers and Leasing Consultants throughout the country. 2~4 I~ORIDA BLVD. 561.,q~-6~88 ~1 i I I F CITY OF DELKAY lEACH ' I/'. .O,,D MEMBER APPLICATION '1993 1~c ?pc ~r ~uu cbc follo~,.ng ~. · ~ . . .~ * · .- ~, F~ c ..... .t ltum~ Coiled. New York. NY; IdA. Eduction BA. Frerr~ abictl Counff/~ Ce'tifx~e Pruc6cal Nurm~ ~e Ihsic Ce'~ 1974 to p~ese~ Privale Prac~ioe. ~ sad Psycbog~erq~ 19?4 to 1996 Indepmdmt Consultation Crater, Bronx, NY Bi-lia~ug Counsdor/Psyschotherapist ($pmish/French) lq'/$ to 1989 Essex College ofi~sin~. New~tc. lql Director, Director Student Services and Special Programs. DirectorBi-liagual l~m. ~ Developmem. Dire;tot Admis~n. Phom'te~ ,nd Fin~nci~ Aid, GED 1953 to 19g'2 ";. Teua~ Adul~ F. docatio~ Temfly, NJ Lectures, Wodcsbops, Parmx F. xlucation. J958 to W~ Founder. Tmste~. E~ Director 1991 to 199'2. Es,~ Cotmty Coll~se, N~wark NJ Adjuncl Professor. Women's Cerner _TI. nCA. T Or S LIO NsEs: N~w York/New J~rsey ' 'New Jersey, New York/New Iersey S~Me of Maryland N~dvnal Board ofCer~ed Coua~ors A~t~y Clinical MH ~ P~ ~ School T~:h~r (Spanish~r~ch) P~ent Nurse/K w 8th Gr~e Liom~ Pmxical Nur~ ~ Prof~aoml Cou~elor ~ Socisl Worko~ MI1 Cotmselo~ Assoeialion American MI-I Courts'ors Assoc~on New .lersey Professional ~ors Na:io~ ~on S~i~ Wo~er~ Natio~ Eduction tbr Y~ C~d~ New Iesey .~a~ion for ~ ~~ '~'ho' s "0,"}-,o of American Womeol ~'1~..,: x. Xq.,o m the East ..,,. ln:e' ..~;,or~! L~ders of the World ..Kr',~-, z,-3. · Disorders Association of Ameri~ ~-.:.,,: ,"~ ~¢ademy Cer~ed Clinical Mental Health Counselors Registry New .z~;sey Professioaal Counselors Regisry ~:c4'.-,_~;onal Reg/.~y Nafiona! Association Sodal Workers ~iuer. ,.; ~..~,:nisk, Fzench, Germ~ some Italian. Gr~nt writing. Tr~v~lin~ ~'tensivdy in Eurotm and $ouO, America Work/nE whh disadvamag~! m/nor/ties. Referees upon reque~. CITY OF DELRAY BEACH ( BOARD MEMBER APPLICATION 199~ ~¢~se type or print the following information:_ il. La.si Naive::^ .... ! ]~l-ame I Middle Initial i .. I-~ i~.t~,,a-~- A c,-~ ra>~,c~; I "b ~^~J~ I ! -*. ~o~_e ~dar~:. _~ .. I ~ty - I s_~_te [ ~ip code J' - "I - 6. Wla~ Bo~.d(s) are you im.fesr~ i~ s~'vi~s? ~.~,j ~] a ~ '?. Li~ all Cit~ Boards on which you are currently serving Or have previously ~erved: (Please include dates) -E ~ucational qualifi~atib~s: ' _ . 9. Lis~ nny ~ ~o~ssion~l cmificmions ~ li~n~s w~ich you hold: IO. Give your presen~t, or most recent employcr, andpos_itLon: L~'.U,L1 O.~lx~C~,gIT~l' ~I°T, ~..,BA I~ I !. ~sc~ e~ri~n~s, skills or knowledge which q~li~' you to ~ve on ~s ~ara: ~1~ a~cn a er,e~re~ume) f hereby ce~i~ ~at all ~e above s~atemen~ are t~e, and f agree and unde~tand that any mi~atement of material fa~ ~ntal~d In ~is appli~tion may ~u~ ~ffeitu~ upon my pa~ of any appointment ] may ~c~e. RECEIVED JUN 2o.0o SIGNA~I~ CITY ,C, LERK , , Note: This application will ~emain on file in the City Clerk s Office for a y,c,-iod of - years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. MA. ¢~9s~ m~B.A i'~gS~)in:EnSashfz~mPior~Atls~¢ ~. Tbn~: 'S~y s~l l~myi~ l'~Nove, tsl~,WilliamF~la~~byAd~mC.~Z~ lazkrg~nt~A~. ~P, WilXia~Awmi Flo~do Abffc Ua~,era~, Broweni Cem~. Dsvie, ~ A~.pma (S~mm~ 1994; Cenn~ Cmmpus, Bocs ltmon, Flori~. Ad0unct (1~$-1~9). Cc~-~s ?m~. Co~oo ll/Wff~qn..e ~s~; Anmicm~ l& n 197-226. 79-94. 'Arab Nta's Me~er~ ~: Teqi,md a Lmam~ view c~Fca~iae ~.' la in ?.;mk~l.~]t Cr~,:Lsm. ~ l~r Vera J. CmmSea. leal Ohio: KSU Cnmfve Writing: "A Ssmo~ of Oiviag: Som~ " SP~I&tt (,4wt~o Maga~). 24.2~ (Wim~r "Teat Rd]e~ms: (~nal Pdtoe.' F~ R'erer. Feetbooming Imett7 -~,Mo~ from Puddin~ Heuse Puldical~on.~ · 'Wailm~ in ~ Da~ ~). ~ Pa~ton ~V~,*z, 26 Augu~ 199~: 3C. 'Liom~'* (IXem) and"ro a Stong" (poem ~). lu~hnFox, Poe~fcM~ticl~e. blew York: O. P. Pmnam, 1997. 'A Litee~T SoubMte: Some ~ ~'~ ~" (essay)~lld".i£ffe~'~v. So~lmate-,4n~ (~ay). ln,4aef;Mn.'A Book ofMtr~or~. ~ by P~I ~ Itmni~,~o~ Wo0d~ biJdfi~: Sky ~lu~ ~ 1996; 16~-$:~. ~f~Jemids Avdlslde Up Rfque~ BOARD ME 1993 2001 I. DELRAY BEACH MBER APPLICATION Home Phone: Business Zap Codc l O. I.~st say rel~ted agons nnd which you hold= 11. G~vc your present, ox most ~ccnt em~ploye~, and pos: ~2' Describe .ripe,iencc~,lkilh or Im~ ,,,hich qullify yc Sidney Snyder Community Reletiorm Coordinator August 1, 2001 Personal Achisvement~ During last year (Augrmt 2000 - July 200~) ·id was pemormlly r~potmible for arranging tlmt Adelphia Cable be the media spormor of the following ever~: · Bo~e B~ll.t · ~ll~t Florida · Boca Raton Art Museum Bo~a tbton Children's Mu~um · ~=~ Poin~ A~ Flir C~x Tenn~ Tou~mnt C~t T~ - ~i.I Pl~o~nce~ Hotpic~ by ~e ~. - Summr Celebm~on · Pelto ~ach Film · The ~C Music In ~e Round T~ ~C ~lebm~on · T~ ~lmy ~ach Affair · ~e Consewa~ of Music at Lynn UnivemiH · Lynn UnlvemiW - Tele~ommuni~o~ ~pa~nt Re. The ebove mentioned events: $1d w~s ebls to get full-page &ds in ell the Pleybills end mention of Adelphla Ceble in ell publicity releases. This publicity w~s et no cost to Adelphie. Other pemonal echlevement~ du~lng this pest year · Moderator ~r CLUB T~K ~ P~mm ~r Boca West. · OHginmr, host a~ ~m~r of mkly ~levbion p~mm en~ 'Around Our To~". ~~ ~e eho~ am a mon~ly ~ ~lled "Eye on Education", a molly ~how on ~dl~l bsa, a mon~ly show on A~ and Cu~um In ~lmy am. ~o I~w I~1 ~l~cal I~dem, and ~~ ~i~ ~c~d by ~flo~l a~om a~ ~l~cla~ ~u.~ng ~ ~ I~~ on ~ ~ow. · ~t ~ ~Mp ~~ ~ L~n Univemi~'~ ~l~mun~~ · ~imd ~ ~h Cou~ ~1~1 Commie by Comm~sio~r ~ Cont'd · Frequent personal contact and many television Interviews with: Representative Robert Waxier 8tats SMta~)r Ron Kioln Chiirmln of the County Commission, Bud AJronson Commissioner I~ry McC4rty Police Chief Overman of Delmy Beach Mayor dey Alperin of city of Delmy Be~ch · Set up reading progmnm et eight elementary ~chools. · Put cable into all of the public ~chools in the ~lmy/Boynton areas. Delivere cable in the Classroom m~g~zines to all echools in Boca I~ton, Delmy Be~¢h and Boynton l~mch Installed high speed modems in the ebove mentioned m:hools for the use of the etudenta. · Installed cabls and high apeed modema in all public libmrlss in our area. · Set up a scholarship in the nsme of &deiphls for a student et Lynn Univereity, School of Telecommunications. · Awards an annual plaque for teecher of the year in elementary, middle and high schools in our area. · Received award as Volunteer of the Year from Hoepice By the Sea. · Received Out~tanding Educational Achievement Award from Banyan Creek School. · Received award for "Partners in Education" In Palm Beach Cou.ty · Fleceiving Distinguished service Award from the Delray Beach Police Department for work In the anti-drug program. · Barvea o. the followl.g boards aa a representative of Adelphla: American Diabetes Aaao~iation American Heart Association Hammock Points School AdvMory Committee Migrant Association of Palm Basch Cou.ty ItAlic Conservatory at Lynn - Community Relations Board Education P,,~amlttae of the Boynton Beach Chamber of Commerce Education Comml~tae ~f the Delray Beach Chamber of Commerce CITY OF DELRAY BEACH BOARD MEMBER APPLICATION lg3 Note: This appl~:ation wR1 ~ on file in d~e City Ch~'s OKace for · period of 2 . wu ~ It ~ be d~e ~t's ~ty to ensure that, em=mt appli~~nc~ OITY CLERK All~nng).ol.oom 6upervboo, Skills, C.u~omer Servk=e Skills, Busine~ ~ Techniques, Sa'ess II1 Iddil~:ln I1~ mlrllgb'~ Ihlle ~ HR IIC~ II n~ Illtgnld ~, I IIIIO (November lgg7 lo November ~) Itunmn ~: ~ I~ I pmfonnmm In~ MKlipiex RehM~:~ Beach. We, t PMm Bem:h, Flork~ i~rmgemem CommWees. Goordinmd b. eammm mm meeting~ to evalume the quai'dy end ll~,ml~nel~ of dink~l ~, Irmum the li~mlJnel~ ll~l IgaJlCy Of dini~d (.June ~ge8 - Dec~mber lgg2) MemberM~eHumlnResoume~MPMmBelchCourdy Ddmy Beac:h, nodda ~4S (m51) 272-32te ~s~lierrmnt~,,ol.com ~ ~ Human Resource IdlnlOefl'mflt ° NMkx~ ~ ns ~ Senior PtMeMk)nal In Human lImmuruM (SPHR) · Proven Ibility Io condu(~ orga~l and dal)a~l mNma~ analyir~, then Io design, °Prown~~~manNNT~rM~~~M~~ VMunt~e~ of South Florida (SVSF i~ comprb~ over 1000 v~m~er membe~ ~ ~ist · Adjur~ ktmx:tor (ocUt IomwJ) mloM wnfurdy coloOo end Ioc81 pdvm todvi~t eokoe MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM 10~ - REGULAR MEETING MARCH $. 2002 ORDINANCE NO. 8-02 (AMENDMENT TO LDR APPENDIX DEFININTIONS) MARCH 1, 2002 This is second reading and second public heating for Ordinance No. 8-02 amending LDR of the Code of Ordinances by mending appendix "A" "Definitions", to add the definition of "Bedroom"; providing a general repealer clause, a saving clause, and an effective date. This amendment is being processed for clarification purposes and to ensure required minimum parking and floor area requirements are met for multiple family developments. Parking and minimum floor area requirements for multi-family units are based on the number of bedrooms. A room designated on the floor plans as den/study is not counted as a bedroom, however, in many instances it is utilized as such. In these situations, the required parking and minimum floor area requirements for the units are usually not met. There have also been situations where property owners have converted den/study areas to additional bedrooms, and have not met the minimum unit floor area requirement. In response, the plans have been revised designating the proposed room as a den/study, thus subverting the minimum unit floor area requirement. The Planning and Zoning Board held a public hearing regarding this kem. There was no public testimony and after discussing this amendment the Board voted 6-1 to recommend to the City Commission approval of amending LDR Appendix "A" "Definitions" to add the definition of "Bedroom" based upon positive findings with respect to LDR Section 2.4.5(M). At first reading and first public hearing on February 19, 2002, the City Commission passed the Ordinance No. 8-02 unanimously. Recommend approval of Ordinance No. 8-02 on second reading/second public hearing. S:\C~ty Clerk\chevelle folder\agenda n'~mos\Ch'd. 8.02.05.05.02 TO: THRU: FROM: SUBJECT: DAp~,~ ,~~C!TY MANAGER PAUL DORL. IN~G~ I~/E,2CT~F~ PLANNING AND ZONING MEETING OF FEBRUARY 19, 2002 AMENDMENT TO THE DEFINITIONS SECTION (APPENDIX A) OF THE LAND DEVELOPMENT REGULATIONS TO ADD A DEFINITION OF BEDROOM. This amendment is being processed for clarification purposes and to ensure required minimum parking and floor area requirements are met for multiple family developments. Parking and minimum floor area requirements for multi-family units are based on the number of bedrooms. A room designated on the floor plans as den/study is not counted as a bedroom, however, in many instances it is utilized as such. In these situations, the required parking and minimum floor area requirements for the unit are usually not met. There have also been situations where property owners have converted den/study areas to additional bedrooms, and have not met the minimum unit floor area requirement. In response, the plans have been revised designating the proposed room as a study/den, thus subverting the minimum unit floor area requirement. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment is being processed more for clarification purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 28, 2002. There was no public testimony regarding the amendment. The Board requested that dining rooms be added to the rooms that would not be considered a bedroom. After discussing the item, the Board voted 6-1 (Sowards dissenting) to recommend to the City Commission approval of the following definition of bedroom, based upon positive findings with respect to LDR Section 2.4.5(M): A room intended for, or capable of, being used for sleeping and that is at least 70 square feet in area. A room designated on building plan submittals as a "den; "library; "study; "loft; or other extra room that satisfies the definition and is not a kitchen, living room, dining room, or bath will be considered to be a bedroom for the purpose of computing bedroom area. RECOMMENDED A~CTION ~ ! By motion, approve the amendment approval of the proposed amendment to the "Definitions" section (Appendix A) of the Land Development Regulations to add a definition of bedroom, based upon the findings and recommendations by the Planning and Zoning Board, setting a public hearing date of March 5, 2002. Attachment:: Ordinance by Others S:/Planning&Zoning/Boards/CityCommission/LDRDefBedroom /O C- ORDINANCE NO. 8-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVFJ.OPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING APPENDIX "A", "DEFINITIONS", TO ADD THE DEFINITION OF "BEDROOM"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Land Development Regulation Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public heating on January 28, 2002, and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the 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 DFJRAY BEACH, FLORIDA, AS FOI.I-OWS: Section 1. That the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, Appendix "A", "Definitions" be and the same is hereby amended by adding a new definition of "bedroom" to read as follows: BEDROOM: A room intended for, or capable of, being used for sleeping and that is at least 70 square feet in area. A room designated on building plan submittals as a "den", "library", "study", "loft", or other extra room that satisfies the definition and is not a kitchen, living room, dining room or bath will be considered to be a bedroom for the purpose of computing bedroom area. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective mediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200 ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 8-02 MEETING OF: JANUARY 28, 2002 AGENDAITEM: IV.E. AMENDMENT TO THE DEFINITIONS SECTION OF THE LAND DEVELOPMENT REGULATIONS REGARDING BEDROOMS. The item before the Board is that of processing an amendment to the "Definitions" section of the Land Development Regulations (LDRs) to add a definition of bedroom, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. This amendment is being processed for clarification purposes. Parking and minimum floor area requirements for multi-family units are based on the number of bedrooms. A room designated on the floor plans as den/study is not counted as a bedroom, however, in many instances it is utilized as such. In these situations, the required parking and minimum floor area requirements for the unit are usually not met. There have also been situations where property owners have converted den/study areas to additional bedrooms, and have not met the minimum unit floor area requirement. In response, the plans have been revised designating the proposed room as a study/den, thus subverting the minimum unit floor area requirement. In order to provide clarification and ensure required minimum parking and floor area requirements are met, the following definition of bedroom is proposed: A room intended for, or capable of, being used for sleeping and that is at least 70 square feet in area. A room designated on building plan submittals as a "den", "library; astudy", "loft", or other extra room that satisfies the definition and is not a kitchen, living room, or bath will be considered to be a bedroom for the purpose of computing bedroom area. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated more for clarification purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. IV.E. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Definition of Bedroom Page 2 By motion, recommend approval of the proposed amendment to the "Definitions" section (Appendix A) of the Land Development Regulations regarding a bedroom, based upon positive findings with LDR Section 2.4.5(M). MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ A(3ENDA ITEM # ~OJ~- REGULAR MEETING OF MARCH $~ 2002 ORDINANCE NO. 6-02 (AMENDING FUTURE LAND USE MAP) MARCH 1, 2002 This ordinance is before Commission for second reading to amend the Future Land Use Map (small scale) from GC (General Commercial) to MD (Medium Density Residential 5-12 du/ac) for 0.763 acre parcel of land for Palm Grove Village, located at the northeast comer of Royal Palm Boulevard and North Federal Highway. The property is Lots 1 through 5, Block A of the Royal Palm Gardens Plat #3 and contains 0.763 acres. It is located within the "North Federal Highway Redevelopment Area". Guidelines for redevelopment of this area are contained within the North Federal Highway Redevelopment Plan, which identifies GC (General Commercial) as the appropriate Future Land Use Map and Zoning Map designations for this property. The applicant proposes to aggregate the subject property with additional property to the east and on the south side of Royal Palm Boulevard in order to develop a residential development with a mix of 34 single family and 12 multiple family residential units on a total of 4.623 acres a rezoning. The Phnning and Zoning Board held a public hearing in conjunction with the request. There were two (2) people that expressed concerns with the potential incompatibility of the residential classification with adjacent commercial uses. After discussing this proposal, the Board voted 7-0 to recommend that the request be approved, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and LDR Section 3.1.1 (Required Findings). At the first reading on February 19, 2002, The City Commission passed the Ordinance No. 6-02 ula~rdtllously. Recommend approval of Ordinance No. 6-02 on second and final reading. S:\City Clerk\chevelle folder\agend~ memos\Ont.6.02.03.05.02 TO: THRU: FROM: DocUMENTATiON CITY COMMISSi°N SUBJECT: MEETING OF FEBRUARY 19, 2002 SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM GC (GENERAL COMMERCIAL) TO MD (MEDIUM DENSITY RESIDENTIAL - 5 TO 12 DUIAC) FOR A PARCEL OF LAND LOCATED AT THE NORTHEAST CORNER OF NORTH FEDERAL HIGHWAY AND ROYAL PALM BOULEVARD (1645 NORTH FEDERAL HIGHWAY). The property is Lots 1 through 5, Block A of the Royal Palm Gardens Plat #3 and contains 0.76 acres. The property was annexed into the City on March 14, 1966 and a 2,363 square foot restaurant was built in 1968. The applicant proposes to aggregate the subject property with additional property to the east and on the south side of Royal Palm Boulevard in order to develop a residential development with a mix of 34 single family and 12 multiple family residential units on a total of 4.623 acres. A rezoning application has been submitted to rezone the entire 4.623 acre property from GC~ (General Commercial) to PRD (Planned Residential). Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. PLANNING AND zONING BOARD CONSIDERATION At its meeting of January 28, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. There were two people from the public that expressed concerns with the potential incompatibility of the residential classification with adjacent commercial uses. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the request be approved, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for the proposed small scale FLUM Amendment from GC (General Commercial) to MD (Multiple Family Residential 5-12 dwelling units per acre) based on consistency with the North Federal Highway Redevelopment Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Attachments: P & Z Staff Report of January 28, 2002 ORDINANCE NO. 06-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP FROM GC (GENERAL COMMERCIAL) TO MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) FOR A 0.763 ACRE PARCEL OF LAND FOR PALM GROVE VILLAGE AS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Antonios Mama Rosa, Inc. is the fee simple owner of a 0.763 acre parcel of land for Palm Grove Village, located at the Northeast corner of Royal Palm Boulevard and North Federal Highway; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of GC (General Commercial); and WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of January 28, 2002 and voted 7 to 0 to recommend that the request be approved with the Advisory Future Land Use Map designation of MD (medium Density Residential 5-12 du/ac) based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Future Land Use Map designation of the following property is hereby officially affixed as MD (Medium Density Residential 5-12 du/ac): Lots 1, 2, 3, 4, & 5, Block A of Royal Palm Gardens Plat No. 3 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 21, page 57, less the following described property deeded to the State of Florida; from the Southwest corner of Lot 3, Block A of Royal Palm Gardens, Plat No 3 run Easterly along the South line of said Lot 3 for a distance of 29.00 feet; thence run in a Northwesterly direction along the arc of a curve concave to the Northeast having a radius of 25 feet for a distance of 42.97 feet to a point on the West line of said Lot 3; thence run Southerly along the West line of said Lot 3 for a distance of 29.00 feet to the Southwest comer of said Lot 3. The subject property is located at the Northeast Corner of Royal Palm Boulevard and North Federal Highway. Section 2. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4 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 5. That this ordinance shall become effective thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of .... ,200__. ATTEST MAYOR City Clerk First Reading. Second Reading 2 ORD NO. 06-02 CITY PLANNING AND ZONING BOARD OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant ............. Agent ............................. Location ....................... Property S;ze ................. Existing FLUM ................ Proposed FLUM .............. Current Zoning ................ Proposed Zoning ............. Adjacent Zoning ..... North: East: South: West. Existing Land Use ............ Proposed Land Use ....... Water Servi:e .................. Sewer Service .................. January, 28 2002 IV. A. Future Land Use Map Amendment from GC (General Commercial) to MD (Medium Density Residential 5-12 du/ac) for a 0.763 Acre Parcel of Land for Palm Grove Village, Located at the Northeast Comer of Royal Palm Boulevard and North Federal Highway. Antonios Mama Rosa, Inc. Miller Legg and Associates, Inc. Located at the Northeast Corner of Royal Palm Boulevard and North Federal Highway. 0.763 Acres GC (General Commercial) MD (Medium Density Residential 5-12 du/ac) GC (General Commercial) RM (Multiple Family Residential) RL (Ivlultiple Family Residential- Low Density). PRD (Planned ResIdential) RM (Multiple Family Residential) GC (General Commercial) RM (Multiple Family Residential) RL (Multiple Family Residential - Low Density) RL (Multiple Family Residential- Low Density) GC (General Commercial) GC (General Commercial) Restaurant Residential Available via connection to an ex~sting 8" water main in Royal Palm Blvd. Available via connection to an existing 10" sewer main in Royal Palm Blvd. IV.A. The action before the Board is that of making a recommendation to the City Commission on a proposed Future Land Use Map (FLUM) Amendment from GC (General Commercial) to MD (Medium Density Residential/5-12 dwelling units per acre) for property located at the northeast comer of North Federal Highway and Royal Palm Boulevard (1645 North Federal Highway). Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments for any property within the City. The property is Lots 1 through 5, Block A of the Royal Palm Gardens Plat #3 and contains 0.76 acres. The property was annexed into the City on March 14, 1966 and a 2,363 square foot restaurant was built in 1968. The property is located within the "North Federal Highway Redevelopment Area." Guidelines for redevelopment of this area are contained within the NoAh Federal Highway Redevelopment Plan, which identifies GC (General Commercial) as the appropriate Future Land Use Map and Zoning Map designations for this property. The applicant proposes to aggregate the subject property with additional property to the east and on the south side of Royal Palm Boulevard in order to develop a residential development with a mix of 34 single family and 12 multiple family residential units on a total of 4.623 acres. A rezoning application has been submitted concurrently to rezone the entire property from GC (General Commercial) to PRD (Planned Residential). Since the property is considered a small scale amendment in accordance with Chapter 163, Florida Statutes, the Future Land Use Map amendment is not limited to the twice- a-year Comprehensive Plan Amendment review process. '~'"::'~?' FUTURE'LANDUSE MAPAMENDMENT-ANALYSIS , Florida Statutes 163.3187 -Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: El The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency Pta~ning and Zoning Board Staff Report Palm Grove Village - Small-Scale Future Land Use Map Amendment Page 2 exception areas, or 60 acres annually in areas lying outside the designated areas; The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre except for properties that are designated in the Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization; The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity; and, The property that is the subject of a proposed amendment is not located within an area of critical state concern. The Future Land Use Map amendment involves a 0.76-acre area, thus the total area is less than the 10 acre maximum. The density of the proposed MD (Medium Density Residential - 5 to 12 Dwelling Units Per Acre) is the same as allowed in the GC zoning district. While the MD designation allows for a density up to 12 units per acre, the property is located in the North Federal Highway Redevelopment area and is considered urban in-fill as well as revitalization area. This amendment along with other small-scale amendments processed this year does not exceed 120 acres. The property has not previously been considered for a land use amendment nor has the same property owner's properties, within 200 feet, been granted a land use change, within the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical state concern. REQUIRED FINDINGS: .LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which-the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. Planning and Zoning Board Staff Report Palm Grove Village - Small-Scale Future Land Use Map Amendment Page 3 The proposed single family component of the Planned Residential Development (PRD) is not consistent within the GC (General Commercial) Land Use Map designation. However, the multi-family component of the PRD is consistent with the GC Land Use Map designation. With the Future Land Use Map change from GC to MD the entire parcel will have a MD designation. The MD designation is consistent with the proposed PRD zoning designation and will accommodate single and multiple family development. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The proposed FLUM amendment will fulfill Future Land Use Element Policy C-1.5, stated as follows: Future Land Use Element Policy C-1.4: The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of-way to the west, the easterly boundary of the CRA to the east, George Bush Boulevard to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small- scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corddor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, I999. The Plan identified the need for limited Planning and Zoning Board Staff Report Palm Grove V~llage - Small-Scale Future Land Use Map Amendment Page 4 rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is listed on the Residential Neighborhood Categorization Map as Revitalization. The North Federal Highway Redevelopment Plan indicates that the commercial properties that front on Federal Highway lack appropriate depth. The result is a development pattern conducive to strip commercial development, which are inconsistent with the redevelopment plan. Consequently, the existing commercial property (0.76 acres) does not contain sufficient area to accommodate the neo-traditional pedestrian oriented commercial development directed by the redevelopment plan. The proposed rezoning will eliminate the commercial development. The applicant has submitted a conceptual plan that provides for multiple family units adjacent to Federal Highway consistent with the neo-traditional design concept. Since this Comprehensive Plan policy is furthered by the proposed FLUM amendment vis-a-vis a neo-traditional residential development, a positive finding can be made with respect to fulfilling a demonstrated need. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The proposal is consistent with the above policy as well as other goals, objectives and policies of the City's Comprehensive Plan. The FLUM amendment will also address the following Comprehensive Plan Policies: Housing Element Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed redevelopment of the commercial property to residential property will have a positive effect on neighboring residential properties as the impacts such as noise, odors, dust and traffic volumes and circulation patterns will decrease. Furthermore, the FLUM amendment will eliminate a commercial property that does not meet the approved design criteria for the North Federal Highway Redevelopment Area. The existing restaurant generates approximately 194 average daily trips where the proposed residential development, which will occupy this specific portion of the site, will generate 82 average daily trips. The specific issues regarding compatibility between the proposed residential and existing residential will be addressed during the site plan review process. .Open Space and Recreation -~ment Policy A-2.7: The City shall develop a program to establish small parks in neighborhoods. The program would include identification of vacant or surplus parcels, and strategies to assure that the Planmng and Zoning Board Staff Report Palm Grove Village - Small-Scale Future Land Use Map Amendment Page 5 neighborhood determines the parameters of the park and is responsible for construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces. As part of this development a neighborhood park set aside will be provided. This in conjunction with potential additional land acquired by the CRA will be consistent with this policy as well as the North Federal Highway Redevelopment Plan. Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves the FLUM amendment of the 0.763 acre parcel from GC to MD. If the property were redeveloped, it would be possible to construct 9 units at the maximum density allowed under the MD FLUM designation (12 units per acre). However, this property is to be aggregated with the additional property to provide an overall maximum density of 9.94 units per acre (46 total units) resulting in 6 multiple family units and 4 single family units on this property. The following concurrency analysis is based on the proposed 10 units: Traffic: The trip generation according to Table 10.8-3 "Fair Share Road Impact Fee Schedule", Palm Beach County Traffic Performance Standards Ordinance for single family units is 10 ADT (Average Daily Trips) and 7 ADT for multiple family units. Therefore, the redevelopment would generate a total of 82 ADT. It is noted that this is a net reduction of 112 ADT generated by the property due to the elimination of the restaurant, which generates 194 ADT (194- 82 = 112). Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the County at its current LOS of 0.52 tons per year for the multiple family and 1.99 for the single family for the life of the existing landfill, which is anticipated for the year 2021. The most intensive use of the property (6 multiple family dwelling units and 4 single family units) would generate 11.08 tons per year. The existing restaurant generates 24.9 pounds per square foot per year. The annual solid waste generation by the 2,363 square foot restaurant is 29.42 tons per year. Consequently, the proposed FLUM amendment will reduce the solid waste generation by 18.34 tons per year. Water & Sewer: Water and sewer service is currently available to the subject property. The Delray Beach Water Treatment Plant and the South Central County Waste Water Treatment Plant both have adequate capacity to serve the City at build out. An existing 8" water main and 10" sewer main are available along Royal Palm Boulevard. Planning and Zoning Board Staff Report Palm Grove Village - Small-Scale Future Land Use Map Amendment Page 6 Parks and Recreation: As noted in the Consistency analysis under the Performance Standards in this report, the applicant will be responsible for the dedication up to 0.37 acres to the City for a neighborhood park. The dedication of the park is mandated via the North Federal Highway Redevelopment Plan and LDR Section 5.3.2. The dedication of this property will occur concurrently with the site plan review process. Based upon the above, a positive finding with respect to concurrency can be made. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The subject property is part of a redevelopment project that includes property at the southeast comer of Federal Highway and Royal Palm Boulevard for a total of 4.623 acres. This property is surrounded on the north by an electrical wholesaler and single family residential, on the east by the Estuary residential development, and on the south by retail and single family residential properties. The FLUM designations of the surrounding residential uses are MD (Multiple Family Residential 5-12 dwelling units per acre). The FLUM designations of the adjacent commercial properties are GC (General Commercial) and TRN (Transitional). The proposed MD FLUM designation is compatible with the adjacent residential designations. The conceptual plan indicates that the multiple family dwellings will be placed adjacent to Federal Highway with the single family units located interior to the development adjacent to the existing single family residential units. This configuration will provide a gradation between the intensity of the multiple family use and the single family component from Federal Highway. Therefore, a positive finding with respect 1~o compatibility can be made. Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Development of the 0.763 acre parcel of land will occur in accordance with the City's Land Development Regulations during the site plan review process. As noted previously, the property is part of a larger proposed development that will consist of 4.623 acres and have a density of 9.95 acres. It has been noted that the minimum size of property in the PRD zoning district is 5 acres. The applicant has submitted a separate waiver request to the minimum site size requirement, which will be considered by the City Commission. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be made. Community Redevelopment Agency (CRA): The CRA reviewed the FLUM amendment at its meeting of January 10, 2002 and recommended approval subject to dedication of the neighborhood park land. Planning and Zoning Board Staff Reporl Palm Grove Village - Small-Scale Future Land Use Map Amendment Page 7 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · La Hacienda · North Palm Trail · Kokomo Key · Seacrest · PROD · City of Gulfstream · Presidents Council :~.~' ' 'ASSESS. MENT~'~"AND CONCLUSION ~ The proposed FLUM amendment will provide for development that is consistent with the North Federal Highway Redevelopment Plan subject to dedication of a neighborhood park. The proposed MD FLUM designation is compatible with the surrounding land uses. A companion application has been submitted to rezone the property from GC to PRD. The applicant will aggregate the subject property with property on the south side of Royal Palm Boulevard for the purposes of developing a multiple family and single family residential development. The more intense multiple family component of the development will be located adjacent to Federal Highway, which is consistent with the redevelopment plan with respect to the neo-traditional urban design. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, the proposed FLUM amendment can be recommended for approval based on the findings outlined in this report.. Continue with direction. Recommend to the City Commission approval of the small scale FLUM Amendment for the subject property, based on consistency with the North Federal Highway Redevelopment Plan and positive findings with respect to Future Land Use E[ement Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or Recommend denial of the small scale FLUM Amendment based on a failure to make positive findings with__Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations, with the basis stated. Planning and Zoning Board Staff Report Palm Grove Village - Small-Scale Future Land Use Map Amendment Page 8 Recommend to the City Commission approval of the proposed small scale FLUM Amendment from GC (General Commercial) to MD (Multiple Family Residential 5-12 dwelling units per acre) based on consistency with the North Federal Highway Redevelopment Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan Report prepared by: Scott Pape, Senior Planner Attachments: · Proposed Future Land Use Map · Location Map s:\planning & zoning~boards\p&z board\bk28 flum amendment.doc -/ , ' I I , I I I i " N PALM GROVE VlL~GE ~ Fb~URE ~ND USE MAP AMENDME~ CITY ~ OELRAY BEACH. FL FROM: G: ~Geneml ~mmem[al, TO: MD ,Medmum Dens~ Res[dentmal. ~12 du/a:. PL*NNIN~ ~ Z~lN~ DEPARTMENT MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM #[0 ~, - REGULAR MEETING OF MARCH $. 2002 ORDINANCE NO. 7-02 (REZONING FOR PALM GROVE VII.I.AGE) MARCH 1, 2002 This ordinance is before Commission for second reading for rezoning from GC (General Commercial) in part, RIM (Multiple Family Residential-Medium Density) in part, and RIM (Multiple Family Residential-Low Density) in part to PRD (Planned Residential Development) for 4.623 acres for Palm Grove Village, located on the north and south sides of Royal Palm Boulevard, east of North Federal Highway. The subject property consists of Lots 1 through 5 Block "A" of the Royal Palm Gardens Plat #3, Lots 8 through 11 Block "B" of the Royal Palm Gardens plat #3, all of the Royal Palm Gardens plat, LOt 5 of the Eastview plat, and all of the Harry Seemiller plat and contains 4.623 acres. The property will be aggregated for a residential development consisting of 12 multiple family dwelling units fronting along Federal Highway and 34 single family houses to the east. Since the aggregated property does not meet the minimum site area requirement of 5 acres, a waiver application has been submitted. The Planning and Zoning Board held a public heating in conjunction with the request. There were two (2) people that expressed concerns with the potential incompatibility of the residential classification with adjacent existing commercial uses. After discussing this proposal, the Board voted 7-0 to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and LDR Section 2.4.5(D)(5). At the first reading on February 19, 2002, The City Commission passed the Ordinance No. 7-02 unanimously. Recommend approval of Ordinance No. 7-02 on second and final reading. S:\City Clerk\chevelle folder\~ncl~ memos\Ord.7.0Z03.05.02 TO: THRU: FROM: SUBJECT: ' ~CITY~COMMISSION DOCUMENTATION SCOTT D. PAPE, SENIOR PLANNER~~~ MEETING OF FEBRUARY 19, 2002 ZONING CHANGE FROM GC (GENERAL COMMERCIAL), RM (MULTIPLE FAMILY MEDIUM DENSITY), AND RL (MULTIPLE FAMILY - LOW DENSITY) TO PRD (PLANNED RESIDENTIAL DEVELOPMENT) FOR A PARCEL OF LAND LOCATED AT THE NORTHEAST AND SOUTHEAST CORNER OF NORTH FEDERAL HIGHWAY AND ROYAL PALM BOULEVARD (1645 NORTH FEDERAL HIGHWAY), WITHIN THE NORTH FEDERAL HIGHWAY REDEVELOPMENT AREA. The subject property consists of Lots 1 through 5 Block "A" of the Royal Palm Gardens plat #3, Lots 8 through 11 Block "B" of the Royal Palm Gardens plat #3, all of the Royal Palm Gardens plat, Lot 5 of the Eastview plat, and all of the Harry Seemiller plat and contains 4.623 acres. The property at the northeast corner of North Federal Highway and Royal Palm Boulevard was annexed to the City on March 14, 1966. This property contains a 2,363 square foot restaurant (Antonio's Mama Rosa) that was built in 1968. The remainder of the property was annexed to the City on December 13, 1988. This property contains two houses that were built in 1948 and 1950 and a landscape nursery. Since annexation and construction of the restaurant there have been no further development proposals for the subject property. The property will be aggregated for a residential development consisting of 12 multiple family dwelling units fronting along Federal Highway and 34 single family houses to the east. A companion Future Land Use Map amendment application has been submitted to change the designation of the restaurant from GC (General Commercial) to MD (Medium Density Residential 5-12 dwelling units per acre). Since the aggregated property does not meet the minimum site area requirement of 5 acres, a waiver application has also been submitted. The purpose of the FLUM and Zoning Map designation changes are to accommodate development as a residential development with a mix of 34 single family and 12 multiple family residential units on a total of 4.623 acres. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of January 28, 2002, the Planning and Zoning Board held a public hearing in conjunction with the requests. There were two persons from the public that expressed concerns with the potential incompatibility of the residential classification with adjacent existing commercial uses. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Ci{y Commission Documentation Meeting of February19, 2002 Palm Grove Village Rezoning Page 2 By motion, approve on first reading the ordinance for a zoning designation change from GC, RM, and RL to PRD (Planned Residential) for Palm Grove Village, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: P & Z Staff Report of January 28, 2002 ORDINANCE NO. 07-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN PART, RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) IN PART, AND RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) IN PART TO PRD (PLANNED RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTH AND SOUTH SIDES OF ROYAL PALM BOULEVARD, EAST OF NORTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2001"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated July, 2001, as being zoned GC (General Commercial District) in part, RM (Multiple Family residential- Medium Density) in part, and RL (Multiple Family Residential- Low Density) in Part; and WHEREAS, at its meeting of January 28, 2002, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of PRD (Planned Residential) District for the following described property: Parcel I Beginning at a point on the Westem boundary of Block 3, of Royal Palm Gardens, on the Eastern boundary of the right-of-way of the Federal Highway at a point 137 feet North of the Southern boundary of said Block 3, Royal Palm Gardens, as measured along the Eastern boundary of said Federal Highway for a point of beginning; thence running in a Southerly direction along the Western boundary of said Block 3, a distance of 137 feet, thence East 145 feet, thence North to the point of intersection with a line extending East from the point of beginning and parallel to the Southern boundary of Block 3 of Royal Palm Gardens, thence West to the point of beginning. Beginning at a point on the West boundary of Block 3 of Royal Palm Gardens and on the East boundary of the right-of-way of the Federal Highway at a point 137 feet North of Southem boundary of Block 3 of Royal Palm Gardens, as measured along the East boundary of said highway, thence in a Southerly direction along the West boundary of Block 3 and East boundary of Federal Highway a distance of 137 feet; thence East 145 feet as a point of beginning; thence East on the Southern boundary of Block 3; Royal Palm Gardens, a distance of 150 feet; thence North a distance of approximately 137 feet; thence West parallel to the Southern boundary of Block 3, Royal Palm Gardens, and to the Northeast comer of lands now owned by E.J. Nitschke a distance of 150 feet; thence South to Point of Beginning as per plat of Royal Palm Gardens, Plat Book 15, Page 44 Public Records of Palm Beach County, Florida. Beginning at a point on the West boundary of Block 3, Royal Palm Gardens and on the East boundary of the right-of-way of the Federal Highway at a point 137 feet North of Southern boundary of Block 3, of Royal Palm Gardens, as measured along the East boundary of said Highway; thence in a Southerly direction along the West boundary of Block 3, and the East boundary of Federal Highway a distance of 137 feet; thence East 295 feet as a point of beginning; thence East on the Southern boundary of Block 3, Royal Palm Gardens a distance of 100 feet; thence North a distance of approximately 137 feet; thence West parallel to the Southern boundary of Block 3, Royal Palm Gardens, and to the Northeast comer of lands now owned by E.J. Nitcschke, a distance of 100 feet; thence South to the point of beginning; as per plat of Royal Palm Gardens, Plat Book 15, page 44, Public Records of Palm Beach County, Florida. Less and except that property conveyed in Special Warranty Deed recorded in Official Records Book 103, Page 231, of the Public Records of Palm Beach County, Florida. Parcel 2 Lots 8, 9 and 25, Block B, Plat No 3 Royal Palm Gardens, according to the map or plat thereof as recorded in Plat Book 21, page 57, Public Records of 2 ORD NO. 07-02 Palm Beach County, Florida. Parcel 3 Lots 10 and 11, Block B, Plat No 3 Royal Palm Gardens, according to the map or plat thereof as recorded in Plat Book 21, page 57, Public Records of Palm Beach County, Florida. Parcel 4, Lot 5, Eastview, according to the map or plat thereof as recorded in Plat Book 23, Page 44, Public Records of Palm Beach County, Florida. Parcel 5 Lots 1, 2, 3, 4, & 5, Block A of Royal Palm Gardens Plat No. 3 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 21, page 57, less the following described property deeded to the State of Florida; from the Southwest corner of Lot 3, Block A of Royal Palm Gardens, Plat No 3 run Easterly along the South line of said Lot 3 for a distance of 29.00 feet; thence run in a Northwesterly direction along the arc of a curve concave to the Northeast having a radius of 25 feet for a distance of 42.97 feet to a point on the West line of said Lot 3; thence run Southerly along the West line of said Lot 3 for a distance of 29.00 feet to the Southwest comer of said Lot 3. Parcel 6 That part of Lot One in Seemiller's Subdivision of part of Lots 36, 1, 2, and 3, of the Subdivision of Section 9, Township 46 South, Range 43 East, according to the amended Plat of said Seemiller's Subdivision on file in the office of the Clerk of the Circuit Court of Palm Beach County, Florida, in Plat Book 9, Page 72, described as follows: From the Point of intersection of the South line of said Lot One in Seemiller's Subdivision with the East right-of-way line of U.S. Highway 1, which right-of- way line is 50 feet easterly of, measured at right angles to the center line of said Highway as now laid out and in use, run East along the South line of said Lot One of Seemiller's Subdivision a distance of 484.15 feet for a point of beginning; thence from said point of beginning continue East along the South line of said Lot One of Seemiller's Subdivision a distance of 340.32 feet; thence run North on a line at right angles to said South line of said Lot One of 3 ORD NO. 07-02 Seemiller's Subdivision a distance of 239 feet; more or less, to the North line of said lot One of Seemiller's Subdivision; thence run West along the North line of said Lot One of Seemiller's Subdivision a distance of 337.67 feet, thence run South on a line making an angle from East to South 90° 34' 22" with a the North line of said Lot One of Seemiller's Subdivision a distance of 238.89 feet to the point of beginning. Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. 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 5. That this ordinance shall become effective immediately upon passage on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this __ day of ,200__. ATTEST MAYOR City Clerk First Reading. Second Reading 4 ORD NO. 07-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: January 28, 2002 IV.B. Rezoning From GC (General Commercial) in Part, RM (Multiple Family Residential - Medium Density) in Part, and RL (Multiple Family Residential - Low Density) in Part to PRD (Planned Residential) for Palm Grove Village. GENERAL DATA: Owner ............................. Antonios Mama Rosa, Inc. Agent .............................. Applicant ......................... Location .......................... Property Size .................. Future Land Use Map ..... Current Zoning ............... Proposed Zoning ............ Adjacent Zoning .... North: East: South: West: Existing Land Use .......... Proposed Land Use ........ Water Service ................. Sewer Service ................ Miller Legg and Associates, Inc. New Urban/RFC Developers, LLC Located on the North and South Sides of Royal Palm Boulevard, East of North Federal Highway. 4.623 Acres MD (Medium Density Residential 5-12 du/ac) GC (General Commercial) RM (Multiple Family Residential) RL (Multiple Family Residential- Low Density) PRD (Planned Residential) RM (Multiple Family Residential) GC (General Commercial) RM (Multiple Family Residential) RL (Multiple Family Residential- Low Density) RL (Multiple Family Residential- Low Density) GC (General Commercial) GC (General Commercial) Restaurant, single family homes, and landscape nursery. Rezoning From GC, RM, and RL to PRD for the development of Palm Grove Village. Available via connection to an existing 8" water main in Royal Palm Blvd. And Eastview Avenue. Available via connection to an existing 10" sewer main in Royal Palm Blvd. And Eastview Avenue. IV.B. The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from GC (General Commercial), RM (Multiple Family- Medium Density), and RL (Multiple Family- Low Density) to PRD (Planned Residential) for Palm Grove Village, pursuant to LDR Section 2.4.5(D). Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject property consists of Lots 1 through 5 Block "A" of the Royal Palm Gardens plat #3, Lots 8 through 11 Block "B" of the Royal Palm Gardens plat #3, all of the Royal Palm Gardens plat, Lot 5 of the Eastview plat, and all of the Harry Seemiller plat and contains 4.623 acres. The property is located at the northeast and southeast corner of North Federal Highway and Royal Palm Boulevard, within the North Federal Highway Redevelopment Area. The property at the northeast corner of North Federal Highway and Royal Palm Boulevard was annexed to the City on March 14, 1966. This property contains a 2,363 square foot restaurant (Antonio's Mama Rosa) that was built in 1968. The remainder of the property was annexed to the City on December 13, 1988. This property contains two houses that were built in 1948 and 1950 and a landscape nursery. Since annexation and construction of the restaurant there have been no further development proposals for the subject property. The property will be aggregated for a residential development consisting of 12 multiple family dwelling units fronting along Federal Highway and 34 single family houses to the east. The applicant has submitted a zoning district map change request, which is now before the Board for action. The proposal is to change the zoning designation of the property from GC (General Commercial)[0.76 acres], RM (Multiple Family- Medium Density)[1.82 acres], and RL (Multiple Family- Low Density)J2.04 acres] to PRD (Planned Residential). The rezoning application includes a waiver request to the following section of the City's Land Development Regulations: 1. LDR Section 4.4.7(F)(2)(c), which requires a minimum site area of 5 acres for a PRD development project. P & Z Board Staff Report Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 2 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed single family residential development allowed both in the RL & RM zoning districts is not allowed within the GC (General Commercial) zoning district. The multi-family multiple family is allowed in all three districts GC, RM & RL. The proposed PRD (Planned Residential Development) allows single family and multiple family uses as principal uses per LDR Section 4.4.7(B). The PRD zoning district is consistent with the MD Future Land Use Map designation for the RL & RM parcels. It is noted the petition is accompanied by a Future Land Use Map Amendment from GC to MD for 0.76 acres of the site occupied by the restaurant. Thus, positive findings can be made regarding consistency of the FLUM and zoning contingent upon the rezoning of the property to PRD and the approval of the FLUM amendment. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-t of the adopted Comprehensive Plan of the City of Delray Beach. Pursuant to LDR Section 4.4.7(H)(1), the allowed density with the PRD zoning district is based on the density allowed by the Future Land Use Map, which is 5- 12 dwelling units per acre. The applicant has submitted a conceptual plan that requests a total of 46 residential units (9.94 du/ac). The 4.623 acre parcel can have up to 55 dwelling units if built at its maximum density allowed by the MD FLUM designation (12 du/ac). The following concurrency analysis is based on the maximum density of 12 dwelling units per acre: P & Z Board Staff Report Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 3 Traffic: The trip generation according to Table 10.8-3 "Fair Share Road Impact Fee Schedule", Palm Beach County Traffic Performance Standards Ordinance for multiple family homes is 7 ADT (Average Daily Trips) and single family 10 ADT. Given this trip generation rate the development proposal would generate 550 ADT based on 55 Single family units. The existing uses (2 single family homes and restaurant) generate 214 ADT. Consequently, the total new net trips generated by the property at its maximum allowed density would be 336 new ADT. Since the most intensive use of the property under the proposed PRD zoning district would generate greater than 200 new ADT, a traffic study would normally be required. However, the proposed residential property is located within the Palm Beach County Residential Exemption area and, therefore, is exempt from having to meet the County's Traffic Performance Standards. Given this a finding of traffic concurrency can be made. Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the County at its current LOS of 1.99 pounds per day per capita for the life of the existing landfill, which is anticipated for 2021. The most intensive use of the property (55 single family dwelling units) would generate 109.45 tons per year. The annual solid waste generation by the 2,363 square foot restaurant is 29.42 tons per year and 3.98 tons for the two single family homes for a total of 33.4 tons annually. Consequently, the proposed rezoning will accommodate a potential increase in the solid waste generation by 76.05 tons per year. Water & Sewer: Water and sewer service is currently available to the subject property. The Delray Beach Water Treatment Plant and the South Central County Waste Water Treatment Plant both have adequate capacity to serve the City at build out. An existing 8" water main and 10" sewer main are available along Royal Palm Boulevard. Parks and Recreation: Pursuant to LDR Section 5.3.2 and the North Federal Highway Redevelopment plan, the applicant is responsible for dedicating up to a maximum of 8% of the gross site area for a neighborhood park. Given the gross acreage of the property (4.623 acres), the applicant must dedicate a maximum of 0.37 acres to the City of Delray Beach for a neighborhood park. The dedication of the park is mandated via the North Federal Highway Redevelopment Plan and LDR Section 5.3.2. The applicant has been working with staff and the Community Redevelopment Agency to appropriately locate the park and this will be further defined with the site plan submitted. Based upon the above, a positive finding with respect to concurrency can be made. P & Z Board Staff Report Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 4 Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Future Land Use Element Policy C-1.4: The following pertains to the North Federal Highway Corfidor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad fight-of-way to the west, the easterly boundary of the CRA to the east, George Bush Boulevard to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small- scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is listed on the Residential Neighborhood Categorization Map as Revitalization. The North Federal Highway Redevelopment Plan indicates that the commercial properties that front on Federal Highway lack appropriate depth. The result is a development pattern conducive to strip commercial development, which are inconsistent with the redevelopment plan. Consequently, the existing commercial property (0.76 acres) does not contain sufficient area to accommodate the neo-traditional pedestrian oriented commercial development directed by the redevelopment plan. The proposed rezoning will eliminate the commercial development. The applicant has submitted a conceptual plan that provides for multiple family units adjacent to Federal Highway consistent with the neo-traditional design concept. P & Z Board Staff Report Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 5 Since this Comprehensive Plan policy is furthered by the proposed FLUM amendment vis-a-vis a neo-traditional residential development, a positive finding can be made with respect to fulfilling a demonstrated need. Housinq Element Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed redevelopment of the commercial property to residential property will have a positive effect on neighboring residential properties as the impacts such as noise, odors, dust will decrease. Furthermore, the change from commercial zoning will eliminate a commercial property that does not meet the approved design criteria for the North Federal Highway Redevelopment Area. The specific issues regarding compatibility between the proposed residential and existing residential will be addressed during the site plan review process. Open Space and Recreation Element Policy A-2. 7: The City shall develop a program to establish small parks in neighborhoods. The program would include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines the parameters of the park and is responsible for construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces. As part of this development a neighborhood park set aside will be provided. This in conjunction with potential additional land acquired by the CRA will be consistent with this policy as well as the North Federal Highway Redevelopment Plan. Section 3.2.2 (Standards for Rezonin.q Actions): Standards A, B and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: (c) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial zoning developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed rezoning would eliminate a 0.73 acre commercial property. Therefore, the issue with respect to the concern of a strip commercial development is removed. P & Z Board Staff Report Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 6 (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Direction Zonin.q Uses North GC & RM West GC South GC & RM East RM Retail & Single Family Residential Goodwill Retail Store Warehouse & Single Family Residential Multiple Family Residential (The Estuary) The conceptual plan indicates that the single family (conventionally and zero lot line) homes will be located along the east side of the property with the multiple family component oriented along Federal Highway. As noted above, the adjacent uses to the north, east and south are predominately single family and multiple family uses. That portion of the proposed development adjacent to the commercial properties on the north and south sides will be used for the multiple family units. The proposed single family homes will either be of the same intensity as the adjacent existing single family homes or less than the more intense existing multiple family units (The Estuary) to the east. Compatibility will be achieved as the intensity of use will be similar with the adjacent residential uses. The proposed multiple family component along Federal Highway is compatible with the neo-traditional design criteria envisioned by the North Federal Highway Redevelopment Plan and less intense than adjacent commercial properties. Section 2.4.5(D)(5} (Rezonin;; Findin_~s): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; P & Z Board Staff Report Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 7 That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant indicated in the rezoning application that the circumstances have changed in the area with respect to approval of The Estuary multiple family residential project. Furthermore, the applicant states: "Requested zoning is of similar intensity as is allowed under Land Use Map as it exists and is proposed to be amended. The density will be less than or equal to surrounding uses.' Comment: The basis for which the rezoning is being sought most closely relates to Items "b" and "c". As noted previously, the North Federal Highway Redevelopment Plan indicates that the depth of commercial property could be increased in order to avoid strip commercial development. The rezoning of this property to residential will eliminate this concern. Furthermore, the PRD zoning designation will allow the development of a residential project that includes both multiple and single family residential units. The predominate uses in the area include single family homes to the north and south and multiple family residential units to the east. This urban infill project will be compatible with the adjacent properties and further to goals of the North Federal Highway Redevelopment Plan. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. A site plan application for the proposed residential development has not been submitted. As noted in the "Project Description Section"of this report, the area of the property to be rezoned is 4.623 acres. Pursuant to LDR Section 4.4.7(F)(2)(c), a minimum site area of 5 acres is required for the overall development project. The applicant has submitted a waiver request to reduce the required lot area and is addressed below: Waiver Analysis: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, ·. P & Z Board Staff Report · Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 8 (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Given the analysis contained in this report with respect to the compatibility of the project to the surrounding area, a positive finding can be made that reduction will not adversely affect the neighboring area. The subject property is located within an urban redevelopment area and an infill project. The proposed development furthers several goals of the Comprehensive Plan and North Federal Highway Redevelopment plan. Finally, the applicant has expressed the desire to have Royal Palm Boulevard abandoned by the City as this street would then only serve the resident's of Palm Grove Village and The Estuary. The abandonment of the right-of-way appears to provide the minimum 5 acre site. Similar circumstances on other properties would lead to the same conclusion. Based on the above, a positive finding with respect to LDR Section 2.4.7(B)(5), waiver findings can be made. The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Community Redevelopment Agency (CRA): The CRA reviewed the rezoning at its meeting of January 10, 2002 and recommended approval subject to dedication of the neighborhood park land. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · La Hacienda · North Palm Trail · Kokomo Key · Seacrest · PROD · City of Gulfstream · Presidents Council P & Z Board Staff Report Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 9 The rezoning from GC (General Commercial), RM (Multiple Family - Medium Density), and RL (Multiple Family - Low Density) to PRD (Planned Residential) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposal is consistent with the North Federal Highway Redevelopment Plan, as it will provide the desired economic stimulation and investment in the area, and results in the redevelopment of property designated revitalization. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). A positive finding with respect to the reduction of the site area, LDR Section 2.4.7(B)(5) (Waiver Findings), can be made since the reduction will not adversely affect the surrounding area and it will allow for urban redevelopment of an infill project located within a designated revitalization area. A. Continue with direction. Bo Recommend approval of both the waiver request based on positive findings with respect to LDR Section 2.4.7(B)(5) (Waiver Findings) and the rezoning request from GC, RM, and RL to PRD (Planned Residential)for Palm Grove Village, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5) (Rezoning Findings). Recommend denial both of the waiver request based on failure to make positive findings with respect to LDR Section 2.4.7(B)(5) (Waiver Findings) and the rezoning request from GC, RM, and RL to PRD (Planned Residential) for Palm Grove Village, based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings) that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. By separate motions: Approve a waiver to LDR Section 4.4.7(F)(2)(c), which requires a minimum site area of 5 acres for the overall development project based on positive findings with respect to LDR Section 2.4.7(B)(5). Recommend to the City Commission approval of the rezoning from GC, RM, and RL to PRD (Planned Residential) for Palm Grove Village, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land P & Z Board Staff Report Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 10 Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: 13 Location/Zoning Map 13 Boundary Survey Prepared by: Scott Pape, Senior Planner aOUaCRES r J ~,'[v .echoO[- HiGH CF T~NNIS ~.u.os~ CF EL£MENTARY D~LRA I"'S LOST DRIV~-IN M S.A tRACT TOWN OF ULF STREAM III ST CHURCH WA~'ERWAY NO~TH CONDO N CiTY OF DELRAY BEACH. FL PLANNING & ZONING DEPARTMENT PALM GROVE VILLAGE ZONING DISTRICT MAP AMENDMENT TO: PRD IPlann.d K.slcl.ntial Dev~l.pm~nt FROM: '33 ,General Gommer:ial; EM (Multiple Family Residenbal - Medium Density: RL ~Multipte Family Residential - Low Density; -- DIG/I'AI, ~B4S&'" MAP SYS?'.~'4e' -- MAP REF LM576 !' J ._J MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~0 [~). REGULAR MEETING OF MARCH 5, 2002 ORDINANCE NO. 9-02 (AMENDING LDR SECTION 5.3.1) MARCH 1, 2002 This ordinance is before Commission for second reading to amend Land Development Regulations Sections 5.3.1(D)(4)(a) changing appeals o-'f required fight-of-way dedications from the Board of Construction Appeals to the City Commission. This amendment is being processed to refer an appeal of a fight-of-way dedication requirement to the appropriate approving body, the City Commission, rather than the Board of Construction Appeals. The Board of Construction Appeals was created to provide an avenue for relief, when warranted, from provisions of certain building and construction codes. The Board has authority to take action on building code related items (Chapter 7 of the Land Development Regulations). Chapter 5 of the Land Development Regulations pertains to subdivisions, for which final action rests with the City Commission. LDR Section 2.4.7(E) (Appeals) states that the appeal of an administrator shall be forwarded to the Board for which such power has been granted, and an appeal of an approving board's action shall be made to the City Commission. Based upon the above, the appeal of an administrator's decision relating to Chapter 5, which does not involve a development board action, would be forwarded to the City Commission. The Planning and Zoning Board held a public hearing regarding this item. There was no public testimony and after discussing this amendment the Board voted 7-0 to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M). At the first reading on February 19, 2002, The City Commission passed the Ordinance No. %02. Recommend approval of Ordinance No. 9-02 on second and final reading. S:\City Cle~k\chevelle folder\agenda mem~\Otd.9.0Z03.05.02 Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Appeals of Right-of-Way Dedications Page 2 The Board of Construction Appeals was created to provide an avenue for relief, when warranted, from provisions of certain building and construction codes. The Board has authority to take action on building code related items (Chapter 7 of the Land Development Regulations). Chapter 5 of the Land Development Regulations pertains to subdivisions, for which final action rests with the City Commission. Further, LDR Section 2.4.7(E) (Appeals) states that the appeal of an administrator shall be forwarded to the Board for which such power has been granted, and an appeal of an approving board's action shall be made to the City Commission. Based upon the above, the appeal of an administrator's decision relating to Chapter 5, which does not involve a development board action, would be forwarded to the City Commission. Therefore, the following language change to LDR Section 5.3.1(D)(4)(a) is proposed: The reduction is supported by the City Engineer. Nonsupport by the City Engineer may be appealed to the ~,,~,w ,,~ r,,,,,o~ .... ~>'" /~ .... ~" City Commission. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment is being made for "housekeeping" purposes. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. By motion, recommend to the City Commission approval of the amendment to LDR Section 5.3.1(D)(4)(a), based upon positive findings with LDR Section 2.4.5(M). MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~0 ~). REGULAR MEETING OF MARCH $. 2002 ORDINANCE NO. 9-02 (AMENDING LDR SECTION 5.3,1) MARCH 1, 20O2 This ordinance is before Commission for second reading to amend Land Development Regulations Sections 5.3.1(D)(4)(a) changing appeals o-'f required fight-of-way dedications from the Board of Construction Appeals to the City Commission. This amendment is being processed to refer an appeal of a fight-of-way dedication requirement to the appropriate approving body, the City Commission, rather than the Board of Construction Appeals. The Board of Construction Appeals was created to provide an avenue for relief, when warranted, from provisions of certain building and construction codes. The Board has authority to take action on building code related items (Chapter 7 of the Land Development Regulations). Chapter 5 of the land Development Regulations pertains to subdivisions, for which final action rests with the City Commission. LDR Section 2.4.7(E) (Appeals) states that the appeal of an administrator shall be forwarded to the Board for which such power has been granted, and an appeal of an approving board's action shall be made to the City Commission. Based upon the above, the appeal of an administrator's decision relating to Chapter 5, which does not involve a development board action, would be forwarded to the City Commission. The Planning and Zoning Board held a public hearing regarding this item. There was no public testimony and after discussing this amendment the Board voted 7-0 to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M). At the first reading on February 19, 2002, The City Commission passed the Ordinance No. 9-02. Recommend approval of Ordinance No. 9-02 on second and final reading. S:\C,ty Clerk\chevelle folder\agenda memos\Ord.9.0Z03.05.02 TO: THRU: FROM: SUBJECT: DA VI D~.x~D~ MANAGER PAUL'DORLING, DIRB~TOR OF PI.~ REQUIRED RIGHT-OF-WAY DEDICATIONS TO THE BOARD OF CONSTRUCTION APPEALS. This amendment is being processed to refer an appeal of a right-of-way dedication requirement to the appropriate approving body, the City Commission, rather than the Board of Construction Appeals. The Board of Construction Appeals was created to provide an avenue for relief, when warranted, from provisions of certain building and construction codes. The Board has authority to take action on building code related items (Chapter 7 of the Land Development Regulations). Chapter 5 of the Land Development Regulations pertains to subdivisions, for which final action rests with the City Commission. Further, LDR Section 2.4.7(E) (Appeals) states that the appeal of an administrator shall be forwarded to the Board for which such power has been granted, and an appeal of an approving board's action shall be made to the City Commission. Based upon the above, the appeal of an administrator's decision relating to Chapter 5, which does not involve a development board action, would be forwarded to the City Commission. Therefore, the following language change to LDR Section 5.3.1 (D)(4)(a) is proposed: a) The reduction is supported by the City Engineer. Nonsupport by the City Engineer may be appealed to the =~'~"~ ''~ r,,,,,o~ .... ,,,,, A .... '~' City Commission. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment is being made for "housekeeping" purposes. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 28, 2002. There was no public testimony regarding the amendment. After discussing the item, the Board voted 7-0 to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M). By motion, approve the amendment to LDR Section 5.3.1(D)(4)(a), based upon the findings and recommendation of the Planning and Zoning Board, setting a public headng date of March 5, 2002. Attachment: Ordinance by Others S:/Planning&Zoning/BoardslCityCommission/LDRBoardofConstructionAppeals /d~ '~ ORDINANCE NO. 09-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 5.3, "DEDICATION AND IMPACT REQUIREMENTS", SECTION 5.3.1(D)(4), "REDUCTION IN WIDTH", TO REFER AN APPEAL OF A RIGHT- OF-WAY DEDICATION REQUIREMENT TO THE CITY COMMISSION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on January 28, 2002 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 5.3, "Dedication and Impact Requirements", Section 5.3.1(D)(4), "Reduction in Width", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (4) Reduction in Width: A reduction in the required right-of-way width established in Subsection (D)(2), above, may be granted by the body having the approval authority of the associated development application in developments in which new streets are created. For existing streets, reductions in right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Management Services Group (DSMG). Reductions in the required right-of-way width may be granted pursuant to the following: (a) The reduction is supported by the City Engineer. Nonsupport by the City gi ^ .... ~' City En neer may be appealed to the_......,..r~,-~'-'~ .,,'"~ r,..,.,o,,.,..,~,..,..v,,...,.....,..,, , ,~,~, .... Commission. (b) That requiring full dedication would constitute a hardship in a particular instance and that all required improvements will be provided in a manner which will not endanger public safety and welfare. (c) That acceptable, alternative provisions are made to accommodate features which would otherwise be accommodated within the right-of-way e.g. alternative drainage systems, alternative pedestrian walkways, alternative on-street parking, etc. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this day of ,200 ATTEST MAYOR City Clerk First Reading Second Reading ORD. NO. 09-02 MEETING OF: JANUARY 28, 2002 AGENDA ITEM: IV.G. AMENDMENT TO LDR SECTION 5.3.1(D)(4)(a) REGARDING APPEALS OF REQUIRED RIGHT-OF-WAY DEDICATIONS TO THE BOARD OF CONSTRUCTION APPEALS. The item before the Board is an amendment to LDR Section 5.3.1(D)(4)(a) regarding appeals of required right-of-way dedications to the Board of Construction Appeals, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. This amendment is being processed to refer an appeal of a right-of-way dedication requirement to the appropriate approving body, the City Commission, rather than the Board of Construction Appeals. LDP, Section 5.1.3(D)(4) relates to reductions of right-of-way widths and states the following: (4) Reduction in Width: A reduction in the required right-of-way width established in Subsection (D)(2), above, may be granted by the body having the approval authority of the associated development application in developments in which new streets are created. For existing streets, reductions in right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Management Services Group (DSMG). Reductions in the required right-of-way width may be granted pursuant to the following: The reduction is supported by the City Engineer. Nonsupport by the City Engineer may be appealed to the Board of Construction Appeals. That requiring full dedication would constitute a hardship in a particular instance and that all required improvements will be provided in a manner which will not endanger public safety and welfare. That acceptable, alternative provisions are made to accommodate features which would otherwise be accommodated within the right- of-way e.g. alternative drainage systems, alternative pedestrian walkways, alternative on-street parking, etc. IV.G. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Appeals of Right-of-Way Dedications Page 2 The Board of Construction Appeals was created to provide an avenue for relief, when warranted, from provisions of certain building and construction codes. The Board has authority to take action on building code related items (Chapter 7 of the Land Development Regulations). Chapter 5 of the Land Development Regulations pertains to subdivisions, for which final action rests with the City Commission. Further, LDR Section 2.4.7(E) (Appeals) states that the appeal of an administrator shall be forwarded to the Board for which such power has been granted, and an appeal of an approving board's action shall be made to the City Commission. Based upon the above, the appeal of an administrator's decision relating to Chapter 5, which does not involve a development board action, would be forwarded to the City Commission. Therefore, the following language change to LDR Section 5.3.1(D)(4)(a) is proposed: The reduction is supported by the City Engineer. Nonsupport by the City Engineer may be appealed to the ~,,~,w ,,~ r,,,,,,,~ .... ~"- '~ .... ~; City Commission. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment is being made for "housekeeping" purposes. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. By motion, recommend to the City Commission approval of the amendment to LDR Section 5.3.1(D)(4)(a), based upon positive findings with LDR Section 2.4.5(M). MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~v~ AGENDA ITEM # ~0 ~. REGULAR MEETING OF MARCH $. 2002 ORDINANCE NO. 10-02 (AMENDING ORDINANCE NO. 59-01) MARCH 1, 2O02 This ordinance is before Commission for second reading to amend Ordinance No. 59-01, which provided extensions on development approvals if a lawsuit was fried against a developer, owner, or applicant, if the purpose of such lawsuit was to halt construction of the development. This amendment will make dear the intent of Ordinance No. 59-01, which was also to include lawsuits filed against the City of Delray Beach. However, the City was inadvertendy left out of Ordinance No. 59-01. Ordinance No. 10-02 will correct this error and add that suits against the City will also cause extensions on development approvals. At the first reading on February 19, 2002, the City Commission passed this ordinance. Recommend approval of Ordinance No. 10-02 on second and final reading. S:\C~ty Clerk\chevelle folder\agenda memos\Ord.10.0Z03.05 02 £1TV DF DELflR¥ BEACH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090- FACSIMILE 561/278-4755 Writer's Direct Line. 561/243-7091 993 DATE: February 13, 2002 MEMORANDUM TO: FROM: City Commission ~ Brian Shutt, Assistant City Attorney SUBJECT: Amendin,q LDR Section 2.4.4(F)(4) "Liti,qation Preventin,q Construction" Ordinance No. 10-02 is correcting Ordinance No. 59-01 to make clear the intent of that ordinance. On December 4, 2001 the Commission passed Ordinance No. 59- 01 that provided extensions on development approvals if a lawsuit was filed against a developer, owner or applicant, if the purpose of such lawsuit was to halt construction of the development. The intent of Ordinance No. 59-01 was to also include lawsuits filed against the City, however, reference to the City was inadvertently left out of Ordinance No. 59-01. This Ordinance corrects the scrivener's error. By copy of this memo to David Harden, please place this item on the February 19, 2002 City Commission agenda. Please call if you have any questions. CC: David Harden, City Manager Barbara Garito, City Clerk Paul Doffing, Director of Planning & Zoning ORDINANCE NO. 10-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFJ,RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTION (F), "EXTENSIONS", BY AMENDING PARAGRa~PH (4), "LITIGATION PREVENTING CONSTRUCTION", TO PROVIDE FOR EXTENSIONS WHEN LITIGATION IS FILED AGAINST THE CITY TO PREVENT CONSTRUCTION RRI.ATING TO A DEVELOPMENT APPROVAL; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHElZRAS, the City Commission adopted Ordinance No. 59-01 on December 4, 2001 providing for the extension of the development approval when litigation is filed against the developer, owner or applicant challenging the granting of a development approval by the City; and WHERF. AS, as lawsuits are also filed against the City and not the developer, owner or applicant in an attempt to prevent construction, and the intent of Ordinance No. 59-01 was to also provide for an extension if a lawsuit was filed against the City on a development approval in order to prevent construction. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 2.4, "General Procedures", Secuon 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsection (F), "Extensions", by Amending Paragraph (4), "Litigation Preventing Construction", to read as follows: Section 2.4.4 General Procedures Pertaining to Approval of Land Use and Development Applications. (F) Extensions: Extensions may be granted to a previously approved application listed under Subsection (E)(2) pursuant to the following: (4) Litigation Preventing Construction: When a lawsuit is filed against the City.. a developer, owner or applicant challenging the granting of a development approval by the City as listed under Subsection 2.4.4(E)(2), an extension of the development approval shall be granted without further review. The extension of nme shall be effective until the litigation is concluded. Provided, however, in no event shall the extension of time exceed seven (7) years from the initial date of approval of the development application. If the litigation is not resolved within a maximum of seven (7) years from the initial date of approval, the developer, owner or applicant shall be required to follow Section 2.4.4(F)(1), (2) or 0). The litigation shall be deemed to be concluded after all appeals have been exhausted and a Final Order/Decision from the Court having jurisdiction over the matter has been entered. This subsection does not apply to lawsuits filed by the developer, owner or applicant against some other party, nor does it apply in any way to allow the developer, owner or applicant to extend the 18 month deadline because of financial issues. However, in order to be eligible for an extension of time, the devdoper, owner or applicant seeking an extension must send written notification and documentation that shows ongoing litigation to the City within 30 days of the service of the suit, unless the City is a party, to the suit. Except that, subsecton 2.4.4(1:)(4) shall also apply to those development applications that were approved by the City prior to the adopnon date of this ordinance, which approval is still valid in that the approval period has not expired, but construction has not commenced as litigation over the approval of the development application has prevented the commencement of construction. In order to qualify under this exception provided for in this paragraph, the developer, owner or applicant must provide the required notification/documentation to the City within 30 days of the adoption of flus ordinance. Section 2. That should any section or provision of flus ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That flus ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ,200 . ATTEST M A Y O R City Clerk First Reading Second Reading 2 ORD. NO. 10-02