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Agenda Reg 02-05-02Tuesday. February $, 2002 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. Be 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. Co Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disab~hty an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are avatlable for meetings in the Commission Chambers. 2. 3. 4. 5. o ROLL C~T.T.~ INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · January 8, 2002 - Regular Meeting · January 15, 2002 - Special Meeting · January 28, 2002 - Special Meeting PROCLAMATIONS: A. Recognizing and Commending the Delray Rocks Football & Cheerleading Squads. Recognizing and commending Vivian Mitchell - Parks Maintenance Division - Parks and Recreation Employee of the Year for 2001, and Ilonka Weinstein - Parks Division and Bob Taylor - Ocean Rescue Division as Parks and Recreation Top Employees of the Year 2001. C. Award Presentation - City Golf Championship - 2001 - Sandra Ericksson PRESENTATIONS: RESOLUTION NO. 8-02: Recognizing and Commending Willie Gerald for 30 years of dedicated service to the City of Delray Beach. Shelly Weil, Chairman of the Education Advisory Board - PENCIL (Prindpal For A Day). CONSENT AGENDA: City Manager Recommends Approval. A0 FINAL SUBDIVISION PLAT APPROVAL/RENAISSANCE VIIJ.AGE: Approve the boundary plat for Renaissance Village, located at the southeast comer of NE 6m Avenue and NE 2nd Street. B0 FINAL SUBDMSION PLAT APPROVAL/MP, I.I.ORY SQUARE: Approve the boundary plat for Mallory Square, bounded by SE 5~ Avenue, SE 6th Avenue, SE 3~d Street, and SE 4~ Street. Co RESOLUTION NO. 16-02/ABANDONMENT OF UTILITY EASEMENT/ S,E. 3~ AND $.E, 4TM STREETS: Approve the abandonment of a 16' utility easement within Block 112, Plat of Delray Heights, located between S.E. 3~ and S.E. 4~h Streets. 02-05-2002 Do RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of January 17, 2002. Eo ACCEPTANCE OF EASTMENT DEED/SHERWOOD FOREST HOMEOWNER'S ASSOCIATION: Approve and accept an easement deed granting to the City the means to maintain a water main extension that will be constructed by the developer. This will serve a two lot subdivision with an office building proposed on one lot and a hotel proposed on the other lot located on the south side of West Atlantic Avenue just east of Whatly Road. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT MALLORY SOUARE: Authorize the City to act as the utility permit applicant for the construction of a water main extension within the state fight-of-way (bounded by SE 3 Street and SE 4'h Street between northbound and southbound Federal Highways) and approve a Hold Harmless Agreement with the developer (Ironwood Properties, Inc.). DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY; Approve fund subsidies for four (4) eligible applicants/families in the amount of $22,500 for 227 NW 5~ Avenue, $17,100 for NW 12th Avenue, $23,250 for NW 8th Avenue, and $20,187 for 308 SW 2na Street. This brings the number to 138 homeowners assisted under the Renaissance Program. Funding is available from 118-1924o554-83.01 (SHIP Program). H0 PALM BEACH COUNTY FINANCIAL ASSISTANCE AGREEMENT: Consider approval of a financial assistance agreement with the Palm Beach County Board of County Commissioners in the amount of $46,551.00 for the landscaping of Lake Ida Road (between Congress Avenue and Military Trail). PALM BEACH COUNTY COURT PUBLIC AGENCY COMMUNITY SERVICE AGREEMENT: Approve a Public Agency Agreement with the Courts of the 15th Judicial Circuit that provides for the Planning and Zoning Department's participation in the Palm Beach County Court Community Service Program for the Beach Revegetation Project. PAI.M BEACH COUNTY RESOURCE CENTER AGREEMENT; Approve the sub recipient agreement for funding with the Palm Beach County Resource Center (PBCRC) under the 2001-2002 Community Devdopment Block Grant (CDBG) Program. K. ITEM REMOVED L° ADOPTION OF THE PARKS AND RECREATION MASTER PLAN: Approve and adopt the Parks and Recreation Department's Master Plan as developed by Glatting Jackson Kercher Anglm Lopez Rinehart, Inc. I~HANGE ORDER NO. 1/JMW CONSTRUCTION CORPORATION: Approve Change Order No. 1 in the amount of $19,673.95 to JMW Construction Corporation for the Delray Swim & Tennis Club Pool and Bathhouse Renovations Project. Funding is available from 117-4133-572-63.90 (Other Improvements). 02-05-2002 Oo Uo RESOLUTION NO, 10-02: Approve Resolution No. 10-02 setting a public hearing date of March 19, 2002 for consideration of the Royal Palm Boulevard Special Assessment District final assessment roll. RESOLUTION NO. 12-02: Approve Resolution No. 12-02 assessing costs for action necessary for the emergency board-up of an unsafe structure located at 34 North Swinton Avenue. RESOLUTION NO. 13-02: Approve Resolution No. 13-02 assessing costs for action necessary for the demolition of an unsafe structure located at 45 S.W. 13th Avenue. RESOLUTION NO. 14-02: Approve Resolution No. 14-02 assessing costs for action necessary to remove junked and/or abandoned vehicles from three (3) properties within the City. RESOLUTION NO, 15-02; Approve Resolution No. 15-02 assessing costs for action necessary to abate nuisances on thirty (30) properties throughout the City. SPECIAL EVENT REOUEST/HOWARD ALAN 5t~ ANNUAL WINTER STREET CRAFT FESTIVAL: Consider a request for special event approval to allow the 5th Annual Delray Beach Winter Street Craft Festival to be held on February 22-23, 2002, including a temporary use permit for street closures of NE/SE 4th Avenue, one block north/south of Atlantic Avenue as well as the north end of Hand's parking lot for vendor parking and staff support for security, with the event sponsor paying all overtime costs. SCRWTDB FEASIBILITY STUDY FOR RECI_aldMED WATER SYSTEM EXPANSION: Authorize funding in the amount of $47,100.00 to South Central Regional Wastewater Treatment and Disposal Board for a feasibility study regarding the Reclaimed Water System Expansion project. Funding is available from 441-5181-536- 63.95 (Other Improvements/NW Reuse Water System-SCRWW). HOUSING REHABILITATION GRANT\CONTRACT AWARDS: Approve Housing Rehabilitation grant\contract awards through Community Development Division in the amounts of $7,140.00 to Horizon Roofing 0030 Dorson Way), $17,487.75 to Preston Construction (131 NW 6~h Avenue), and $18,485.00 to Craftsman Plus, Inc. (611 Angler Drive). Funding is available from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant). (3ONFLICT OF INTEREST WAIVER/GREENBERG TRAURIG: Approve a conflict of interest waiver request for Greenberg Traurig, representatives for the Florida Department of Agriculture in regards to the citrus canker litigation. RESOLUTION NO, 17-02: Approve Resolution No. 17-02 modifying the membership requirements for the Elder Care Task Force. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 7, 2002 through February 1, 2002. 02-05-2002 - 4 - Y0 REfilJ.OCATION OF FUNDS: Approve reallocation of FY 2002 Drug Control & System Improvement (DCSI) funds as recommended by the Criminal Justice Commission (cJc). The total FY 2002 funds available for reallocation is $200,000. Z. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Pierce Manufacturing, Inc./Ten 8 in the amount of $751,154.00 for the replacement aerial apparatus. Funding is available from 501-3312-591-64.20 (Garage/Automotive). 2. Purchase award to CompuServe in the amount of $22,282.00 for the purchase of Citywide Database Server under state contract #250-040-99-1. Funding is available from 441-5111-536-64.11 (Computer Equipment). 3. Bid award to Sanders Company, Inc. in the amount of $69,255.00 for the purchase of three 0) dry pit/submersible sanitary sewerage pumps to be installed in Lift Station No. 1. Funding is available from 442-5178-536-64.90 (Other Machinery and Equipment). 4. Bid award to Altec Industries, Inc. in the amount of $104,181 for the purchase of an Altec Model LRV-55-AS bucket truck under GSA contract #GS-30F-1028G. Funding is available from 501-3312-519-64.20 (Garage/Automotive). 5. Purchase award in the amount of $17,16S.00 to Data Flow Systems (sole source) for the purchase of Telemetry equipment associated with the replacement of existing telemetry systems site server unit. Funding is available from 441-5143-536-64.90 (Other Machinery and Equipment). 6. Contract award to REP Associates, Inc. in the amount of $22,710.34 for Phase II Environmental Assessments on Barwick Road site parcels. Funding is available from 334-3162-541-61.10 (Land). 7. Joint bid award with the City of Boynton Beach to multiple responsive bidders for the Fire Departnient to purchase medical and drug supplies at an estimated annual cost of $91,000.00 for the City of Delray Beach. Funding is available from 001-2315- 526-52.20 (General Operating Supplies). 8. Bid award GTE Builders, Inc. for the Community Teen Center in the amount of $303,472.50. Funding is available from 334-6111-572-62.09 for $195,905 (General Construction Fund/Delray Youth Teen Council) and 117-6111-519-63.40 for $108,000 (Recreation Impact Fee/Roller Blade and Skate Board Park). REGULAR AGENDA: REQUEST FOR MODIFICATION OF STANDARDS GOVERNING FINGER PIERS: Consider modification of standards in Land Development Regulations (LDR) Section 7.9.8 governing Finger Piers, pursuant to Section 7.9.4(A) of the LDR, to allow a 28-foot finger pier to be constructed at 42S SE 7~ Avenue. The normal standard is 25- feet of dock length. (Quasi-Ju~'cial Hearing) -5- 02-05-2002 H0 J0 K0 REOUEST TO WAIVE LIENS/SAINT MATTHEWS EPISCOPAL CHURCH: Consider a request to waive liens on a vacant lot acquired by Saint Matthews Episcopal Church located at SW 3~d Street and SW 4th Avenue across from their current property. The liens currently total $5,929.34; the City's actual out-of-pocket costs are $2,798.17, which the church is prepared to pay. REQUEST FOR IN-LIEU PARKING FEE/CAFI~ VERI AMICI: Consider a request by Caf~ Veri Amici for the purchase of two (2) in-lieu parking spaces in the amount of $12,000. Cafd Veri Amici is located at the southeast comer of Pineapple Grove Way and NE 2"d Street. ESTABLISHMENT OF SANDOWAY PARKING LOT OFFICIAL CLOSING TIME: Consider establishing the official closing time for Sandoway Parking Lot as 9:00 p.m., as recommended by the Parking Management Advisory Board. LICENSE AGREEMENT/CAUSE EVENTS, INC. /SPORTSFEST 2002: Consider approval of a license agreement with Cause Events, Inc. to hold a Sportsfest 2002 on Saturday, March 23, 2002 from 10:00 am until 11:00 pm at the Tennis Center. NAMING RIGHTS/DELRAY BEACH TENNIS CENTER: Consider authorizing negotiation of an agreement with The Superlative Group, Inc. Consultants Inc. to act as a Non Exclusive Agent for the City of Delray Beach to sell naming rights for the Delray Beach Tennis Center. SPECIAL EVENT REQUEST/OLD SCHOOL SOUARE PAVILION GRAND OPENING; Consider a request for special event approval to allow the grand opening of Old School Square Pavilion to be held on February 14, 2002 from 7:00 pm until 10:00 pm and to approve staff support for security with the waiver of overtime costs. LINE OF (;REDIT/SUNTRUST BANK; Approve a Line of Credit for $22,000,000.00 with SunTrust Bank to finance the cost of land acquisition with respect to Atlantic High School, the City's Beach Renoutishment Program, and parking facility improvements at the Delray Beach Library. PLIR(3HASE AWARD/ZOLL MEDICAL {~ORPORATION: Consider approval of a purchase award to second lowest bidder, Zoll Medical Corporation, for two (2) 12-Lead Monitor Defibrillators in the amount of $40,150.70. Funding is available through the Palm Beach County Emergency Medical Service Grant Award Program for $38,562.30 and from 115-2311-248-64.00 (Fire-Other Machinery/Equipment) for $1,588.70. SOLID WASTE AUTHORITY INTER.LOCAL AGREEMENT/TEMPORARY USE PERMIT; Approve a new lease agreement between the City and the Solid Waste Authority of Palm Beach County for the SWA's temporary use for up to 2 years of the Public Works Warehouse located on Lake Ida Road, just east of Congress Avenue. PROPOSAL FOR SETTLEMENT IN FASHAW v. CITY OF DELRAY BEACH; Consider a Proposal for Settlement in the amount of $12,500.00 in Fashaw v. City of Delray Beach. Staff recommendation is denial. 02-05-2002 10. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint two (2) regular members to the Code Enforcement Board with term ending January 14, 2003 and January 14, 2005, and one (1) alternate member with term ending January 14, 2005. Based upon the rotation system, the regular appointments will be made by Mayor Schmidt (Seat #5) and Commissioner Perlman (Seat #1). The alternate appointment will be made by Commissioner Archer (Seat #2). M0 APPOINTMENT TO THE BOARD OF AD_IUSTMENT: 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 Archer (Seat #2). APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for a four year term ending March 6, 2006. Based on the rotation system, the appointment will be made by Mayor Schmidt (Seat #5). APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) re~gular member to the Public Employees Relations Commission (PERC) for a four year term ending January 29, 2006. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2). APPOINTMENT TO THE ELDER READY TASK FORCE: Appoint one (1) member to the Elder Ready Task Force for an unexpired term ending November 1, 2002. Based on the rotation system, the appointment will be made by Commissioner Perlman (Seat #1). APPOINTMENT TO NOISE COMPATIBILITY ADVISORY COMMITTEE (NCAC)/BOCA RATON AIRPORT AUTHORITY: Appoint one (1) member to the Noise Compatibility Advisory Committee (NCAC) for the Boca Raton Airport Authority. The term is for two (2) years. Based on the rotation system, the appointment will be made by Commissioner Perlman (Seat #1). PUBLIC HEARINGS: ORDINANCE NO, 5-02 (FIRST READING/FIRST PUBLIC HEARING): An Ordinance amending the Land Development Regulations Secdon 4.4.27(C) to add educational facilities in the OSR (Open Space and Recreation) zoning district. If passed, a public heating will be scheduled for February 19, 2002. ORDINANCE NO. 39-01 (ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2001-02): Consider on second reading an ordinance adopting Comprehensive Plan Amendment 2001-02 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2001-02 includes: Future Land Use Map amendment from LD (Low Density Residential 0-5 du/ac) to CF (Community Facilities) for a parcel of land located at 36 NW 4~' Avenue to accommodate an off-street parking lot associated with the Atlantic Grove Redevelopment project. 02-05-2002 11. 12. 13. Corrective Future Land Use Map amendment for the Rinaldi parcel (approximately 0.03 acres) from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) for a parcel of land located on the east side of Bronson Avenue approximately 100 feet south of East Atlantic Avenue. 3. Text Amendment to the Future Land Use Element changing the Transitional land use designation as it relates to density in the RO (Residential Office) zoning district. ORDINANCE NO. 3-02: An ordinance correcting rezoning from RM (Medium Density Residential) to CBD (Central Business District) for a parcel of land located on the east side of Bronson Avenue approximately 100 feet south of E. Atlantic Avenue. ( Quasi-Jucll'cial Hear/lxg) ORDINANCE NO. 1-02 {SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.11(B), "Principal Uses and Structures Permitted", to eliminate equipment rental as a principal use, and amending 4.4.11(D), "Conditional Uses and Structures Allowed", to allow "equipment rental and display" as a conditional use in the Neighborhood Commercial (NC) zoning district, pursuant to LDR Section 2.4.5(M). E0 ORDINANCE NO, 2-02: An ordinance amending the Land Development Regulations Section 4.6.16(D)(2) to add a subsection regarding the substitution of mature, exceptional tree specimens for required parking. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOI.!.OWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST R~ADINGS: A0 ORDINANCE NO. 4-02: An ordinance amending Chapter 53 of the Code of Ordinances, Sanitary Sewers, to comply with the Department of Environmental Protection regarding industrial pretreatment and sewage discharges. If passed, a public hearing will be scheduled for February 19, 2002. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission 02-05-2002 CITY COMMISSION CITY OF DELRAY BEACH~ FLORIDA REGULAR MEETING -FEBRUARY 5~ 2002 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 8. CONSENT AGENDA Z. AWARD OF BIDS AND CONTRACTS: Purchase award to Cross Match Technologies, Inc. in the mount of $37,802 for the purchase of a complete Livescan Fingerprinting and Palm Capture System. Funding is available from 001-2114-521-64.11 (Computer Equipment). 10. Bid award to Hector Equipment Company for two (2) Toro Groundmaster 328 D mowers in the amount of $29,012.07 under Florida State contract 515-630-00-1. Funding is available from 501-3312-519-64.20 (Automotive). Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. JANUARY 8~ 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, January 8, 2002. 1._:. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - None Also present were - City Manager David T. Harden Assistant City Manager Robert A. Barcinski City Attorney Susan A. Ruby Assistant City Attorney Brian Shutt City Clerk Barbara Garito For the benefit of the public, Mayor Schmidt announced the Commission is dressed more casual than usual this evening because they are wearing Fire Department shirts in honor of firefighter Peter Firehock who was killed in tragic circumstances over the holidays. Mayor Schmidt stated the Commission wanted to do something to honor his memory. 2_ The opening prayer was delivered by Reverend William Stokes with St. Paul's Episcopal Church. e PLEDGE OF ALLEGIANCE TO THE FLAG. e AGENDA APPROVAL. Mayor Schmidt noted the addition of Item 7.A. to the agenda by addendum and revised Ordinance No. 2-02 (Item 12.A., First Readings). Mr. Perlman 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: Mrs. Archer moved to approve the Minutes of the Regular Meeting of December 4, 2001, 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. Mr. Perlman moved to approve the Minutes of the Special Meeting of December 10, 2001, 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. Mayor Schmidt noted a correction to the Minutes of the Regular Meeting of December 11, 2001. On page 15 in the fourth paragraph it should read "required a retainer" not "filed a retainer". Ms. McCarthy moved to approve the Minutes of the Regular Meeting of December 11, 2001 as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Peflman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to approve the Minutes of the Special Meeting of December 21, 2001, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote (Commissioner McCarthy was absent at the meeting of December 21, 2001). 6_& PROCLAMATIONS: 6oA. Martin Luther King~ Jr. Day - January, 21~ 2002 Mayor Schmidt read and presented a proclamation hereby proclaiming January 21, 2002 as Martin Luther King, Jr. Day. Mrs. Ridley came forward to accept the proclamation. ° PRESENTATIONS: 7.A. RESOLUTION NO. 7-02: A resolution recognizing and commending R. Howard Wight for ten years of dedicated service to the City of Delray Beach. The caption of the Resolution No. 7-02 reads as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING R. HOWARD WIGHT FOR TEN YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. -2- 1/08/02 (The official copy of Resolution No. 7-02 is in the City Clerk's office.) Mayor Schmidt read Resolution No. 7-02 recognizing and commending R. Howard Wight for ten years of dedicated and faithful public service. Mr. Wight came forward to accept the Resolution. Mr. Levinson moved to approve Resolution No. 7-02, 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. CONSENT AGENDA: City Manager Recommends Approval. 8.A. HOLD HARMLESS AGREEMENT/DELRAY LINCOLN MERCURY: Approve a Hold Harmless Agreement with Southeast Investments of Palm Beach County, Inc. for utility work performed within the state right-of-way under the Florida Department of Transportation permit. 8.B. REVISION TO WEED & SEED LEASE AGREEMENT: Approve a revision to the Weed & Seed Lease Agreement changing the name of the lessee on the Agreement from Weed & Seed Program to The Friends of Weed & Seed, Inc. 8oC. PALM BEACH COUNTY FUNDING AGREEMENT/PINEAPPLE GROVE ROADWAY IMPROVEMENTS: Approve a funding agreement with Palm Beach County for reimbursement to the City of up to $45,000.00 for roadway improvements relating to accent lighting and decorative pedestals along Pineapple Grove Way. 8.D. FDOT/CSX S.W. 10TM STREET CROSSING REIMBURSEMENT AGREEMENT: Approve an agreement with the State of Florida Department of Transportation (FDOT) and CSX Transportation, Inc. to designate maintenance and modification responsibilities upon completion of the expansion of the railroad crossing located at SW l0th Street. The City's annual maintenance costs after completion of the project are estimated at $3,098.00. 8.E. SUBDIVISION PLAT APPROVAL/ESTUARY II: Approve the subdivision plat for Estuary II, which consists of lots for 22 townhouse units located on Royal Palm Boulevard just west of the Estuary development. 8.Fo CHANGE ORDER NO. 2 & FINAL PAYMENT/TELCON, INC./VENETIAN DRIVE INFRASTRUCTURE IMPROVEMENTS: Approve Change Order No. 2 in the net deduct amount of $265,666.80 and final payment in the amount of $138,451.62 to Telcon, Inc. for the Venetian Drive Infrastructure Improvements project. Residual funds to be liquidated from 370-3162-541-65.42 (2000 Bond-Barrier Island) in the amount of $180,779.39, 448-5461-538-65.09 (Storm Water-Venetian) in the amount of $25,000.00, and 442-5178-536-65.09 (W/S R&R Venetian Drive) in the amount of $59,887.41. -3- 1/08/02 8.G. CHANGE ORDER NO. 2/FLORIDA BLACKTOP~ INC./SE/SW AREA INFRASTRUCTURE IMPROVEMENTS: Approve Change Order No. 2 to Florida Blacktop, Inc. in the total amount of $70,390.52 for the SE/SW Area Infrastructure Improvements project. Funding is available from 370-3162-541-65.45 (2000 Road Bond-SE/SW Area). 8.H. RESOLUTION NO. 2-02/ICMA 457 DEFERRED COMPENSATION PLAN: Approve Resolution No. 2-02 adopting the amended and restated Plan and Trust document for the ICMA Retirement Corporation Section 457 Deferred Compensation Plan effective January 1, 2002, which reflects changes in the law as a result of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA). The caption of Resolution 2-02 reads as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE AMENDED AND RESTATED PLAN AND TRUST DOCUMENT FOR THE ICMA RETIREMENT CORPORATION SECTION 457 DEFERRED COMPENSATION PLAN EFFECTIVE JANUARY 1, 2002; PROVIDING THAT THE ASSETS OF THE PLAN SHALL BE HELD IN TRUST FOR THE EXCLUSIVE BENEFIT OF PLAN PARTICIPATES AND THEIR BENEFICIARIES; PROVIDING THAT THE PLAN WILL NOT PERMIT LOANS; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 2-02 is on file in the City Clerk's office.) 8.I. RESOLUTION NO. 5-02/UTILITY EASEMENT ABANDONMENT: Approve Resolution No. 5-02 to authorize the abandonment of a 6' utility easement within the Plat of Sabal Lakes Phase Three, located east of Barwick Road and north of the L-31 Canal. The caption of Resolution No. 5-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 6' UTILITY EASEMENT WITHIN THE SABAL LAKES PHASE THREE DEVELOPMENT LOCATED EAST OF BARWlCK ROAD NORTH OF CANAL L-31, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 5-02 is on file in the City Clerk's office.) 8.J. AUTHORIZTION FOR SUPERVISOR OF ELECTIONS TO HANDLE MUNICIPAL ELECTION/CANVASS ABSENTEE BALLOTS AND REPRESENT THE CITY AT THE LOGIC AND ACCURACY TESTS FOR THE MUNICIPAL ELECTION: -4- 1/08/02 Authorize the Palm Beach County Supervisor of Elections to handle and canvass the City's absentee ballots for the March 12, 2002 Municipal Election, and represent the City at the requisite Logic and Accuracy tests. 8.K. ADDITIONAL FUNDING REQUEST/CHILDREN'S SERVICES COUNCIL: Approve an additional funding request in the amount of $43,433.00 to the Children's Services Council (CSC) due to an increase in salary for the Out of School Director, operating expenses for additional programs required by the CSC, implementation of additional programs requiring parental involvement, and establishment of a new program titled "New Innovations". 8.L. SPECIAL EVENT/CELEBRATE THE SOUL OF DELRAY: Approve a special event request for the second "Celebrate the Soul of Delray" event to be held on Saturday, February 16, 2002, including a temporary use permit for street closure and use of Atlantic Avenue from NW/SW 1st Avenue to NW/SW 5th Avenue, a waiver to allow event signage more than one week in advance, provide staff support, FDOT permit application, obtain power from FPL as needed, and waiver of overtime costs. 8.M. GREEN MARKET EXPANSION REQUEST: Approve a request from the Delray Green Market to allow the market to expand and utilize a portion of SE 2nd Avenue from Atlantic Avenue to just north of the first parking lot entrance. 8.No REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 10, 2001 through January 4, 2002. 8o0. AWARD OF BIDS AND CONTRACTS: 1_.:. Purchase award to CompServ in the amount of $21,175.00 for the purchase of three servers under State Contract #25004099-1. Funding is available from 001-1811-513-64.11 (Computer Equipment) in the amount of $12,137.00 and 334-6112-519-64.11 (Computer Equipment) in the amount of $9,038.00. 2_ Bid award to Tanner Industries in the amount of $15,680.00 for the purchase of Anhdyrous Ammonia for the Water Treatment Plant. Funding is available from 441-5122-536-52.21 (Operating Supplies/Chemicals). 3_ Bid award to Accurate Tennis in the amount of $23,900.00 for the resurfacing of six (6) acrylic tennis courts and full fiberglass membrane on the stadium court at the Tennis Center. Funding is available from 334- 4145-572.63.90 (Other Improvements). Mr. Perlman moved to approve the Consent Agenda, seconded by Mrs. Archer. 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. -5- 1/08/02 REGULAR AGENDA: 9.A. REQUEST FOR MODIFICATION OF STANDARDS GOVERNING FINGER PIERS: Consider modification of standards in Land Development Regulations (LDR) Section 7.9.8 governing Finger Piers, pursuant to Section 7.9.4(A) of the LDR, to allow a 35-foot finger pier to be constructed at 405 SE 7th Avenue. The normal standard is 25-feet of dock length. (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. The City Attorney stated anyone from 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. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. Lula Butler, Director of Community Improvement, explained this item is before the Commission for approval of modifications to the standards under Section 7.9.8 governing Finger Piers pursuant to Section 7.9.4(A) of the Land Development Regulations. The owner is requesting a variance that would provide a 10-foot waiver to the maximum 25-feet limitation that these docks are allowed to extend from the seawall. The additional 1 O-feet is required for each dock to allow boats to be moored safely. The applicant has received approval from the Department of Environmental Protection and Department of the Army Corp. of Engineers. Ms. Butler stated this is consistent with what has been done with other properties along the same area and staff recommends approval. Steve Harsnett~ owner of 405 S.E. 7th Avenue~ stated this has been a long journey with The Army Corp. of Engineers and the Department of Environmental Protection in order to get this approval. Mr. Harsnett asked the Commission to take into consideration that he is actually going to be further into the shoreline than his neighbors to the immediate north and south. There being no one else who wished to address the Commission regarding the modification, the public hearing was closed. Mr. Levinson moved to approve the request for modification, 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 -6- 1/08/02 passed with a 5 to 0 vote. 9.B. BID AWARD/U.S. BIOSYSTEMS: Consider a bid award to U.S. Biosystems in the amount of $10,000 for laboratory analysis testing of water and wastewater for the Water Treatment Plant Lab. Funding is available from 441-5124-536-34.90 (Other Contractual Services). Dick Hasko, Director of Environmental Services, stated the annual contract budget is $10,000. Mr. Hasko stated staff is recommending U.S. Biosystems located in Boca Raton because U.S. Biosystems has newer equipment, a larger staff, and the location is much closer. Mr. Hasko stated staff is looking at what is in the best interest of the City. Mr. Perlman commented that this is a $10,000 bid award and asked how much higher are the other bids. In response, Mr. Hasko made reference to page 3, the Tabulation of Bid Sheet and the Schedule of Pricing Bid Form. Mr. Hasko explained Palm Beach County Water Laboratory have bid prices for groups A through G and list one bid price because it is the same for all of the different categories in any individual group. Mr. Perlman moved approval of the bid award to U.S. Biosystems in the amount of $10,000 for laboratory analysis, seconded by Mrs. Archer. 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.C, REJECTION OF BIDS/LINEN RENTAL FOR DELRAY BEACH GOLF COURSE RESTAURANT: Consider rejection of all bids received for Bid No. 2002-06/Linen Rental for the Delray Beach Golf Course Restaurant due to incorrect bid specifications and authorize staff to re-bid contract. Robert A. Barcinski, Assistant City Manager, stated after the bids were opened some errors were discovered in the bid specifications provided by the golf course staff. Mr. Barcinski stated the Purchasing Department felt it would be best to reject all bids, re-write the specs, and authorize staff to re-bid this contract. Mr. Levinson moved to approve staff's recommendation to reject all bids and re- bid the contract, 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. 0oD. MEMORANDUM OF UNDERSTANDING/HOMELESS CENSUS AND SURVEY OF PALM BEACH COUNTY: Consider approval of a $2,500.00 payment to the Palm Beach County Department of Housing and Community Development as our share for undertaking a Homeless Census and Survey of Palm Beach County. Funds are available from neighborhood grant revenues. The City Manager stated this is before the Commission to consider approval of the agreement. The City will pay $2,500 from Community Development funds to participate in -7- 1/08/02 the census which is being conducted by Palm Beach County. Mr. Levinson commented that Delray Beach will be the first City to sign on for this project. Mr. Levinson moved to approve the contribution in the amount of $2,500.00 and the Memorandum of Understanding between HCD and the City, 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. 9oE. DIFFERENTIAL PAY FOR EMPLOYEES CALLED UP FOR MILITARY RESERVIST DUTY: Consider an extension of an additional 90-days for differential pay for full-time City employees who are Military Reservists and who have been called to active duty. The City Manager stated the first employee who was called to active duty is approaching the 90~day point. Staff is recommending an additional 90-day extension period where the City would pay the difference between their normal pay and their base military pay. The City Manager stated as indicated in the agenda backup, an additional Police Officer has been called to active duty and this should be handled in a similar way. Brief discussion followed between the City Manager and the Commission. After discussion, Mrs. Archer moved to approve the extension for up to one year for differential pay for full-time City employees who are Military Reservists called to active duty, 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. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one regular member to the Board of Adjustment for an unexpired term ending August 31, 2002. Based on the rotation system, the appointment of the regular member will be made by Commissioner Perlman (Seat #1). Mr. Perlman moved to appoint Jillian Woehlkens as a regular member to the Board of Adjustment for an unexpired term ending August 31, 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. 0.G. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY BOARD: Appoint one regular member to the Community Redevelopment Agency Board for an unexpired term ending July 1, 2005. Based on the rotation system, the appointment of the regular member will be made by Commissioner Perlman (Seat #1). Mr. Perlman moved to appoint Charles Ridley as a regular member to the -8- 1/08/02 Community Redevelopment Agency Board for an unexpired term ending July 1, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.H. EMINENT DOMAIN PROCEEDINGS/APPOINTMENT OF OUTSIDE COUNSEL: Consider approval of Resolution No. 6-02 authorizing the commencement of eminent domain proceedings against a parcel located at Parcel A, Norjac Plat, for stormwater retention purposes with a proposed purchase mount of $541,730.00. In addition, staff recommends the appointment of Bill Doney as outside counsel for this matter at a rate of $200.00 per hour. The City Attorney stated this is a request for appointment of outside counsel where the City needs this property for stormwater retention. The City Attorney staff is recommending the appointment of Bill Doney as outside counsel for this matter at a reduced rate from $200.00 to $185.00 an hour. The City Attorney stated the reduced rate was agreed to by the outside counsel. Ms. McCarthy moved to appoint Bill Doney as outside counsel, seconded by Mr. Perlman. 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. 9oi. PROPOSAL FOR SETTLEMENT IN KOLLER v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $50,000.00 in Koller v. City of Delray Beach. Staff recommendation is denial. Mr. Pedman moved to deny the Proposal for Settlement, 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 to deny passed with a 5 to 0 vote. 9oJ. APPOINTMENT OF OUTSIDE COUNSEL/VISTA DEL MAR V. CITY OF DELRAY BEACH: Consider appointment of Weiss & Handler to act as outside counsel for the case of Vista Del Mar v. City of Delray Beach at a rate of $150.00 per hour. Prior to the vote, Mr. Perlman stated he spoke with the City Attorney about whether or not this could be handled in-house and was informed that it could be. Secondly, Mr. Perlman stated because staff is down by one attorney, he inquired whether or not there is a problem with workload. Mr. Perlman stated his philosophy regarding appointment of outside counsel is if the City can hire them because they give the City an edge or some kind of special skill that the City does not have in-house, this is when outside counsel should be appointed. Mrs. Archer commented because of the zoning issues that are involved she feels it would probably be a good idea to have outside counsel in this case. Mrs. Archer stated she does not necessarily support the use of outside counsel in most instances. However, as in this case, -9- 1/08/02 she feels it is important to do so and would like to see this resolved quickly. Mr. Perlman reiterated that he feels this is right in the City Attorney's area of strength and therefore feels the City does not have to hire outside counsel in this particular instance. Mr. Levinson stated he feels this is a unique situation in that there are diametrically opposed similarities in this case. Mr. Levinson feels it makes sense for the City to hire outside counsel in this particular case because of attorneys and issues that are pretty clear, and also taking into consideration the City Attorney's staffis currently down by one attorney. Mrs. Archer moved to approve appointment of Weiss & Handler to act as outside counsel for the case of Vista Del Mar v. City of Delray Beach, 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 - No. Said motion passed with a 4 to 1 vote. At this point, the time being 6:43, the Commission moved to Item 12, First Readings portion of the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 2-02: An ordinance amending the Land Development Regulations Section 4.6.16(D)(2) to add a subsection regarding the substitution of mature, exceptional tree specimens for required parking. If passed, a public hearing will be scheduled for February 5, 2002. The City Manager presented Ordinance No. 2-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING PARAGRAPH 4.6.16(D)(2), "PRESERVATION AND PROMOTION OF EXISTING PLANT COMMUNITIES", BY ENACTING A NEW SUB-PARAGRAPH (d), TO ALLOW FOR THE SUBSTITUTION OF MATURe, EXCEPTIONAL TREE SPECIMENS FOR REQUIRED PARKING; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 2-02 is on file in the City Clerk's office.) Paul Dorling, Planning Director, explained this amendment was generated during the site plan approval process for a restaurant known as "Elizabeth's on the 7th''. A waiver was requested to reduce the number of required parking spaces in order to save a very large, mature -10- 1/08/02 Black Olive tree. At its meeting of April 17, 2001, the Commission reviewed the request and was informed that prior to 1990 the zoning code contained a provision to allow substitution of required parking in order to save specimen trees. The Commission approved the waiver and directed staff to amend the LDR's to reinstate this provision. At its meeting of December 17, 2001, the Planning and Zoning Board voted 7-0 to recommend approval of this amendment. Mr. Levinson moved to approve Ordinance No. 2-02 on FIRST Reading, 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. 12.B. ORDINANCE NO. 3-02: An ordinance correcting rezoning from RM (Medium Density Residential) to CBD (Central Business District) for a parcel of land located on the east side of Bronson Avenue approximately 100 feet south of E. Atlantic Avenue. If passed, a public hearing will be scheduled for February 5, 2002. The City Manager presented Ordinance No. 3-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) TO CBD (CENTRAL BUSINESS DISTRICT); SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF BRONSON AVENUE APPROXIMATELY 100' SOUTH OF EAST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTWE DATE. (The official copy of Ordinance No. 3-02 is on file in the City Clerk's office) Paul Doding, Planning Director, stated this is a corrective rezoning and it is accompanied by a corrective land use amendment which will be brought before the Commission on February 5, 2002. At its meeting of August 20, 2001, the Planning and Zoning Board held a public hearing in conjunction with the request and 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 Sections 3.1.1., 3.2.2., and 2.4.5(D)(5), that the previous zoning district was established in error. Mrs. Archer commented about the lot being cut in half and asked if this is normally done with zoning changes. In response, Mr. Dorling stated cutting the lot in half is not -11- 1/08/02 normally done. Mrs. Archer suggested including the entire lot. Mr. Dorling commented that this follows the ownership line and therefore the owner owns half a lot. Mrs. Archer moved to approve Ordinance No. 3-02 on FIRST Reading, seconded by Mr. Levinson. 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. ll.A. Ci,ty Manager's response to prior public comments and inquiries. The City Manager stated he has some further follow-up on the conditions at 906/908 S.W. l0th Street. The property was checked on Saturday, December 15th and Sunday, December 16th. There were four cars parked adjacent to the structure on the east side and one parked on the west side. The City Manager stated on Monday, December 17th the same cars were parked and all cars belong to occupants of the premises which is a duplex. The owner of the property will be cited under the driveway ordinance which requires paved driveways and parking spaces. The landscape inspector has also been directed to cite the location under the non-conforming landscape regulations since it is a duplex. The City Manager reported the resident has cleaned up the yard area considerably. Secondly, with regard to a concern expressed to the lack of sensitivity to providing services for people living east of the Intracoastal and a concern expressed about installing the sidewalk near the Seagate Hotel and Beach Club, the City Manager stated the City does review capital infrastructure improvement requirements on an annual basis and the City has done a great deal east of the Intracoastal in the last few years. Public health and safety priorities addressed include provision of adequate fire protection through numerous water main upgrade projects, reduction of sewage odors, overflow events, and ground water intrusion through the reconstruction and lining of sewer mains and rehabilitation and upgrading of sewage lift stations. Additional public safety needs have included a correction of access and drainage problems through the reconstruction of roadways and drainage systems including rehabilitation of two existing storm water pump stations and construction of five new storm water pump stations to alleviate chronic flooding problems. Other projects have included construction in the Fire Station to serve the barrier island, beautification improvements to Atlantic Avenue between the Intracoastal and A-l-A, and numerous improvements and enhancements to the City Parks and Recreation facilities. Over the past ten years the City's investment in providing enhanced levels of service for public health safety and welfare infrastructure on the barrier island have exceeded $30 million. With regard to the sidewalk in front of the Seagate Club, the City Manager stated the City agrees that the improvement would provide continuity for pedestrian circulation of the area filling the current gap between Casuarina Road and Bucida Road on A-1-A. The City Manager stated the estimated cost is $35,000 and the FDOT Five-Year Transportation Plan indicates that improvements are programmed for 2006. The City Manager stated the sidewalk construction could be included in that project or advanced through programming in the City's capital plan at the direction of the Commission. -12- 1/08/02 With regard to a concern expressed about the public not being able to see presentations, the City Manager stated all applicants have been informed of the requirement to present items either in Power Point format or through the use of overhead transparencies. The City Manager stated this is conveyed to applicants through written notice on the development applications. In addition, applicants will be reminded in the project acceptance letters and in subsequent letters sent to the applicants requesting project revisions. The City Manager stated staff will also remind applicants prior to the scheduled meeting dates. While it is anticipated that most applicants will comply, there may continue to be those who do not or in some cases cannot. With regard to a concern expressed about the fact that the City allows members of the public as well as the development community to initiate text amendments to the LDR's, the City Manager stated using the approach in which the City uses, there are applications for text amendments whereas the City collects processing fees. The City Manager stated the Commission can consider the amendment and either approve it if it would be in the best interest of the City, or if not, the text amendment is denied. The City Manager noted the LDR's are subject to change and the City needs to have a mechanism for handling these changes. With regard to a concern expressed by Mr. Magazine that he was experiencing a communication problem with the Police Department and the Community Improvement Department. With regard to the Police, the City Manager stated the Captain for that district felt there was no communication problem but that Mr. Magazine had unrealistic expectations of the Police Department. Much of what Mr. Magazine complained about to the Police Department were not criminal matters or quality of life matters that could be impacted by the Police Department. The City Manager stated there is a meeting scheduled for January 17th with Community Improvement, the Police Department, and Mr. Magazine to further address his concerns. In addition, Mr. Magazine stated he made numerous calls to Ms. Butler and she had not responded. The City Manager stated Ms. Butler has reviewed her telephone log back to October 2001 and has found one telephone message from Mr. Magazine. The City Manager stated one of the frustrations that Mr. Magazine had expressed is that Rainberry Woods is the third community the City is supposed to get to with some neighborhood planning and he felt it should have been addressed sooner. The City Manager stated the City should be addressing the neighborhood planning in Rainberry Woods by the end of the year. At this point, the time being 6:55 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney. -13- 1/08/02 The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. Ci,ty Commission. Commissioner Levinson Mr. Levinson stated he was pleased to see the memo from the Fire Department regarding the clinic being available now to all employees. He feels this may help to mitigate some of the costs of health care by preventative care. Secondly, Mr. Levinson stated he has been in contact with Commissioner Mike Ferguson who is very interested in pursuing a greensway referendum. He is going to the Legislature to find a sponsor and feels this is something that could be put on the table with regard to the Parks and Recreation Master Plan where the Commission could look at the option of the Greensway Program. With regard to the Sewer Board, Mr. Levinson stated the Board has been meeting on the reuse issue. He stated it appears at the next sewer Board Meeting they will recommend moving toward to total reuse on the plant. Mr. Levinson stated for Delray it is great because it allows the City to tap off the outfall line so that some of the distribution through the City can already be provided. Lastly, Mr. Levinson commented that the Leadership Florida Program has a local government's effort that puts on its two 2-day sessions. Mr. Levinson stated this is a great program and stated he will provide an application program brochure to anyone who is interested in the program. 13.C.2. Commissioner McCarthy Commissioner McCarthy had no comments or inquires on non-agenda items. 13.C.3. Commissioner Perlman Mr. Perlman stated the First Night event was very well done and commended the Committee for preserving a good family night. Secondly, with regard to the Downtown Business District Plan, Mr. Perlman stated they are proceeding with the southwest neighborhood plan. Mr. Perlman stated they met with some people today and reviewed twelve of the proposals that came in. Mr. Perlman stated there has been a decision by the Committee with the goal of trying to attract major Foundation Grants and long-term commitment. Mr. Perlman stated there has been some interest from major national foundations in getting behind the effort that is being done in Delray. Mr. Perlman stated he is very excited about this and feels the meeting was very productive. Mr. Perlman stated if -14- 1/08/02 this can be put together quickly, he feels the City may be able to attract fimding and become a national model especially with regard to how downtowns interact with nearby neighborhoods. Mr. Perlman stated he came across Lyles Report from the joint meeting the Commission had with the CRA and WARC and noticed many of the target dates were missed on follow-up. Mr. Perlman feels the meeting was very worthwhile and was good in building relationships and giving direction both to the CRA and WARC. However, Mr. Perlman stated he would hope the Commission could begin to hit some of those target dates and attack this in the New Year. 13.C.4. Commissioner Archer Mrs. Archer echoed comments expressed by Mr. Perlman regarding WARC. Secondly, Mrs. Archer feels First Night was very successful and commended Frank McKinney, the Chamber of Commerce staff, and the City staff. Mrs. Archer stated she did not have the opportunity the evening of First Night to really make the City participants known. Therefore, Mrs. Archer thanked the following City employees for their hard work by reading their names into the record (attached is a copy hereto and made an official part of the minutes): · · · · · · · Jennifer Buce, Recycling Coordinator Sharon Painter and Jeff Dooner with JCD Sports Group Lt. Geoff Williams and Officer Jim Finley and the Police staff Assistant Chief John Tomaszewski and the Fire Department staff Tim Simmons, Superintendent Parks Maintenance and staff Harold Bellinger, Superintendent of Streets & Traffic and staff Jim Schmitz, Superintendent of Building Maintenance and staff Rich Olson, Interim Deputy Director of Public Works Lula Butler, Director of Community Improvement Robert A. Barcinski, Assistant City Manager Mrs. Archer asked if the City gives plaques of appreciation to individuals who serve on City Boards or on various volunteer task forces and if not, she would like the Commission to consider doing this. Mr. Levinson stated there is an annual dinner where these individuals are recognized. Mrs. Archer asked if plaques are given to these individuals at the annual dinner. In response, Mayor Schmidt explained that plaques are given out at the annual dinner. Mrs. Archer asked if members of these Boards have to go to the dinner in order to receive a plaque. In response, Mr. Levinson stated these individuals do not have to attend the dinner in order to receive a plaque. Lastly, Mrs. Archer commented that the Commission may want to schedule a revision meeting so that they may review the various items they want to discuss on Palm Beach County Day in Tallahassee. 13.C.5. Mayor Schmidt -15- 1/08/02 Mayor Schmidt had no comments or inquiries on non-agenda items. At this point, the time being 7:03 p.m., the Commission moved to the duly advertised Public Heatings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 60-01: An ordinance amending the Future Land Use Map (small-scale) from County MR-5 (Medium Density Residential 5-12 du/ac) to City LD (Low Density Residential 0-5 du/ac) and associated annexation with initial zoning of R-I-AAA (Single Family Residential) for the Mason Property, located on the west side of Barwick Road, approximately 500 feet south of Sabal Lakes Road. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public heating has been scheduled to be held at this time. (Quasi-Judicial Hearing as to Zoning) The City Manager presented Ordinance No. 60-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF BARWlCK ROAD AND NORTH OF LAKE IDA ROAD, APPROXIMATELY 500 FEET SOUTH OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO R-l-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 60-01 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. The City Attorney stated this item will be conducted as a quasi-judicial hearing as -16- 1/08/02 to zoning, 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 contracts. No ex parte contacts were noted. The City Attomey stated anyone from the public who wishes to address the Commission regarding this issue, to please step forward at this time and be swom in by the City Clerk. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Planning Director, entered into the record the Planning and Zoning Department's project file #2002-10 and #2002-11. Mr. Dorling stated this involves a 0.88 acre property that is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zoning designation. The property is located within the City's Planning Area Future Annexation Area and the owner is seeking voluntary annexation at this time. The annexation request was made in conjunction with a request for city water services. At its meeting of November 19, 2001, the Planning and Zoning Board held a public hearing and after discussion voted 5-0 to recommend that the requests 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 Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and that the property is contiguous, reasonably compact and does not create an enclave and that services will be provided to the property in a manner similar to other properties within the City. There being no one else who wished to address the Commission regarding Ordinance No. 60-01, the public heating was closed. Mr. Perlman moved to adopt Ordinance No. 60-01 on Second and FINAL Reading, 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. 10.B. ORDINANCE NO. 61-01: An ordinance amending Land Development Regulations Section 4.4.13(G)(1)(a) regarding residential parking requirements in the CBD (Central Business 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. 61-01: AN ORDINANCE OF THE CITY COMMISSION OF THE -17- 1/08/02 CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", PARAGRAPH (1), "PARKING" TO ELIMINATE THE PROVISION ALLOWING CONVERSION OF RESIDENTIAL SPACE TO NON-RESIDENTIAL SPACE WITHOUT PROVIDING ADDITIONAL PARKING WITHIN A PORTION OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 61-01 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 hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 61-01, the public hearing was closed. Mrs. Archer commented that she feels this is a very important ordinance because the Parking Management Board has been very concerned about some of the City's parking regulations and the loopholes that have existed. She stated the Board has been working long and hard to try and resolve some of those issues. Mrs. Archer moved to adopt Ordinance No. 61-01 on Second and FINAL Reading, 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. 10.C. ORDINANCE NO. 62-01: An ordinance providing for Charter revisions by repealing Article III, "Legislative", and enacting a new Article III, "Legislative", to the City Charter by repealing Article VIII, "Municipal Courts", and amending remaining Articles I, II, IV, V, VI, and VII to clarify, delete obsolete references, correct grammatical errors, reorganize and to enhance the Charter's "Readability"; providing for a Referendum. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public heating has been scheduled to be held at this time. The City Manager presented Ordinance No. 62-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR -18- 1/08/02 CHARTER REVISIONS BY REPEALING ARTICLE III, "LEGISLATIVE", AND ENACTING A NEW ARTICLE III, "LEGISLATIVE", TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH BY REPEALING ARTICLE VIII, "MUNICIPAL COURTS", AND AMENDING REMAINING ARTICLES I, II, IV, V, VI, AND VII TO CLARIFY, DELETE OBSOLETE REFERENCES, CORRECT GRAMMATICAL ERRORS, REORGANIZE AND TO ENHANCE THE CHARTER'S "READABILITY"; PROVIDING FOR A REFERENDUM; PROVIDING FOR A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 62-01 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 hearing open. John Bennett~ President of Progressive Residents of Delra¥ (PROD) and speaking on behalf of the organization, stated he is pleased to announce that the Board of Directors of PROD unanimously endorses this ordinance and they also look forward to educating the public in what is involved in this Charter revision. There being no one else who wished to address the Commission regarding Ordinance No. 62-01, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 62-01 on Second and FINAL Reading, seconded by Mrs. Archer, 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. 10.D. ORDINANCE NO. 63-01: An ordinance providing for Charter revisions by amending Article III, "Legislative", Section 3.01, "Commission-City Manager Form of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to the Office of Mayor", providing for the length of the Mayor's term if elected at a Special election; by repealing Section 3.06(d), "Vacancies; Forfeiture of Office; Filling of Vacancies", and enacting a new Section 3.06(d), "Filling a Vacancy in the Office of Mayor" and subsection 3.06(d)(1)(2)(3)(4) and (5); to provide for filling a vacancy in the Office of Mayor; by amending Ordinance No. 62-01 by repealing Sections 3.08(b)(1)(2) and (3) of Ordinance No. 62- 01 and enacting a new Section 3.08, "Filling of Vacancy in the Office of Mayor" and Subsections 3.08(b)(1)(2) and (3), to provide for the filling of vacancy in the Office of Mayor, providing for the length of the Mayor's term if elected at a Special election, providing for the -19- 1/08/02 Vice-Mayor to serve as Mayor until the next election if 60 or more days remain until the next election, or if less than 60 days remain requiting a Special election to fill the vacancy in the Office of Mayor, providing for the qualification of candidates for a Special election to fill a vacancy in the Office of Mayor, the date of assumption of Office of the Mayor elected at the Special election, providing that the term of the Commissioner filling a vacancy created by the Vice-Mayor succeeding as Mayor shall be only until the next election instead of the Mayor's term of office, unless a vacancy is created less than 60 days before the election then the seat shall remain vacant until after a Mayor is elected at the Special election; providing for the filling of vacancies in the Office of Vice-Mayor and Deputy Vice-Mayor; providing for a referendum on March 12, 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. The City Manager presented Ordinance No. 63-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING THE CHARTER OF THE CITY OF DELRAY BEACH, ARTICLE III, "LEGISLATIVE", SECTION 3.01, "COMMISSION-CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO THE OFFICE OF MAYOR", PROVIDING FOR THE LENGTH OF THE MAYOR'S TERM IF ELECTED AT A SPECIAL ELECTION; BY REPEALING SECTION 3.06(d), "VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES", AND ENACTING A NEW SECTION 3.06(d), "FILLING A VACANCY IN THE OFFICE OF MAYOR" AND SUBSECTIONS 3.06(d)(1)(2)(3)(4) AND (5); TO PROVIDE FOR FILLING A VACANCY IN THE OFFICE OF MAYOR; BY AMENDING ORDINANCE NO. 62-01 BY REPEALING SECTIONS 3.08(b)(1)(2) AND (3) OF ORDINANCE NO. 62-01 AND ENACTING A NEW SECTION 3.08, "FILLING OF A VACANCY IN THE OFFICE OF MAYOR" AND SUBSECTIONS 3.08(b)(1)(2) AND (3), TO PROVIDE FOR THE FILLING OF VACANCY IN THE OFFICE OF MAYOR, PROVIDING FOR THE LENGTH OF THE MAYOR'S TERM IF ELECTED AT A SPECIAL ELECTION, PROVIDING FOR THE VICE-MAYOR TO SERVE AS MAYOR UNTIL THE NEXT ELECTION IF 60 OR MORE DAYS REMAIN UNTIL THE NEXT ELECTION OR IF LESS THAN 60 DAYS REMAIN REQUIRING A SPECIAL ELECTION TO FILL THE VACANCY IN THE OFFICE OF MAYOR, PROVIDING FOR THE QUALIFICATION OF CANDIDATES FOR A SPECIAL ELECTION TO FILL A VACANCY 1N THE OFFICE OF MAYOR, THE DATE OF ASSUMPTION OF OFFICE OF THE MAYOR ELECTED AT THE SPECIAL ELECTION, PROVIDING THAT THE TERM OF THE COMMISSIONER FILLING A VACANCY CREATED BY THE -20- 1/08/02 VICE-MAYOR SUCCEEDING AS MAYOR SHALL BE ONLY UNTIL THE NEXT ELECTION INSTEAD OF FOR THE MAYOR'S TERM OF OFFICE, UNLESS A VACANCY IS CREATED LESS THAN 60 DAYS BEFORE THE ELECTION THEN THE SEAT SHALL REMAIN VACANT UNTIL AFTER A MAYOR IS ELECTED AT THE SPECIAL ELECTION; PROVDING FOR THE FILLING OF VACANCIES IN THE OFFICE OF VICE-MAYOR AND DEPUTY VICE-MAYOR; PROVIDING FOR A REFERENDUM ON MARCH 12, 2002; PROVDING A GENERAL REPEALER CLAUSE; PROVDING A SAVING CLAUSE; PROVDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 63-01 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 hearing open. John Bennett~ President of Prouressive Residents of Delray (PROD) and speaking on behalf of the organization, stated this ordinance is important and PROD unanimously endorses this ordinance as well. There being no one else who wished to address the Commission regarding Ordinance No. 63-01, the public heating was closed. Mr. Levinson moved to adopt Ordinance No. 63-01 on Second and FINAL Reading, 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. 10.E. ORDINANCE NO. 64-01: An ordinance providing for Charter revisions by amending Article III, "Legislative", Section 3.0.1, "Commission City Manager Form of Government; Term of Office; Number; Office of the Vice-Mayor and Deputy Vice-Mayor; Succession to the Office of the Mayor; Term Limits", by repealing Section 3.01(c) and enacting new Section 301(c) and by amending Ordinance No. 62-01, Section 3.09, "Term Limits", by amending Subsection (a), to provide that effective 2003 and thereafter a Commissioner and/or Mayor who reaches term limits during an elected term shall be nevertheless permitted to serve out that elected term; providing for a Referendum on March 12, 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. The City Manager presented Ordinance No. 64-01: -21- 1/08/02 t~ j AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING FOR CHARTER REVISIONS BY AMENDING THE CHARTER OF THE CITY OF DELRAY BEACH, ARTICLE III, "LEGISLATIVE", SECTION 3.01, "COMMISSION CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICE OF THE VICE MAYOR AND DEPUTY VICE MAYOR; SUCCESSION TO THE OFFICE OF THE MAYOR; TERM LIMITS", BY REPEALING SECTION 3.01(c) AND ENACTING A NEW SECTION 3.01(c) AND BY AMENDING ORDINANCE NO. 62-01, SECTION 3.09, "TERM LIMITS", BY AMENDING SUBSECTION (a), TO PROVIDE THAT EFFECTWE 2003 AND THEREAFTER A COMMISSIONER AND/OR THE MAYOR WHO REACHES TERM LIMITS DURING AN ELECTED TERM SHALL BE NEVERTHELESS PERMITTED TO SERVE OUT THAT ELECTED TERM; PROVIDING FOR A REFERENDUM ON MARCH 12, 2002, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 64-01 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 hearing open. John Bennett~ President of Progressive Residents of Delray (PROD) and speakinu on behalf of the organization~ stated PROD supports thc ordinance. Mr. Bennett inquired about language in the ordinance and asked if the interpretation of the language is meant to mean those elected in March 2003 and thereafter as opposed to being effective the 1st of January. The City Attorney noted a scrivener error and the effective date should actually be March 2003. Mr. Bennett stated that PROD plans to produce a "fact sheet" on all these proposals and also plans to have a forum at some point. There being no one else who wished to address the Commission regarding Ordinance No. 64-01, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 64-01 on Second and FINAL Reading, seconded by Mr. Levinson. 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. -22- 1/08/02 10.F. ORDINANCE NO. 65-01: An ordinance amending Chapter 34 of the Code of Ordinance, "Elections" heading "General Provisions" by amending Section 34.02, "City Commission to Provide for Elections: Appointment of Inspectors and Clerks"; amending heading "Qualifications for Candidacy", by amending Section 34.15, "Qualifying as Candidate"; Section 34.16, "Filing of Nominating Petition", and Section 34.17, "Procedure After Filing", to provide for qualifying for Mayor in the event a Special election is held to fill a vacancy in the Office of Mayor, to reorganize and correct grammatical errors. 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. 65-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34, "ELECTIONS", HEADING, "GENERAL PROVISIONS" BY AMENDING SECTION 34.02, "CITY COMMISSION TO PROVIDE FOR ELECTIONS: APPOINTMENT OF INSPECTORS AND CLERKS"; AMENDING HEADING "QUALIFICATIONS FOR CANDIDACY", BY AMENDING SECTION 34.15, "QUALIFYING AS CANDIDATE"; SECTION 34.16, "FILING OF NOMINATING PETITION", AND SECTION 34.17, "PROCEDURE AFTER FILING", TO PROVIDE FOR QUALIFYING FOR MAYOR IN THE EVENT A SPECIAL ELECTION IS HELD TO FILL A VACANCY IN THE OFFICE OF MAYOR, TO REORGANIZE AND CORRECT GRAMMATICAL ERRORS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 65-01 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 hearing open. There being no one who wished to address the Commission regarding Ordinance No. 65-01, the public hearing was closed. Prior to the vote, Mr. Levinson commented that both the City Attorney and Mr. John Bennett were extraordinary as were the rest of the legal department with regard to the completion of the Charter revision ordinances. Mr. Levinson stated the City Attorney and Mr. Bennett spent many hours re-reading the ordinances to make it work and congratulated them both for their effort. Mr. Perlman moved to adopt Ordinance No. 65-01 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor -23- 1/08/02 Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 1-02 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.1 I(B), "Principal Uses and Structures Permitted", to eliminate equipment rental as a principal use, and amending 4.4.11 (D), "Conditional Uses and Structures Allowed", to allow "equipment rental and display" as a conditional use in the Neighborhood Commercial (NC) zoning district, pursuant to LDR Section 2.4.5(M). If passed, a second public hearing will be scheduled for February 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. The City Manager presented Ordinance No. 1-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.4.11, "NEIGHBORIdOOD COMMERCIAL (NC) DISTRICT", SUBSECTION (B), PARAGRAPH (2) BY ELIMINATING EQUIPMENT RENTAL AS A PERMITTED USE; AND SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY ENACTING A NEW PARAGRAPH (4) TO ADD EQUIPMENT RENTAL AND DISPLAY AS A CONDITIONAL USE IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-02 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. Paul Dorling, Planning Director, stated at its meeting of August 7, 2001, the City Commission approved a text amendment to the NC zoning district regulations on second reading. This amendment eliminated the restrictions on the types of business and professional office uses allowed, as well as prohibited outdoor storage of any kind, except as specifically permitted within the NC zoning district. As the amendment was privately initiated staff recommended that the ordinance be approved and that a further LDR amendment be made at a later date to allow equipment rental and display as a conditional use. At its meeting of December 17, 2001, the Planning and Zoning Board held a public hearing regarding this item 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). -24- 1/08/02 Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 1-02, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 1-02 on FIRST READING/FIRST PUBLIC HEARING, 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. 10.H. RESOLUTION NO. 3-02/TRANSFER OF PROPERTY: Consider Resolution No. 3-02 which transfers property located at 507 SW 3rd Street to the TED Center to be utilized for affordable housing. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 3-02: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN THE CiTY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED AT LOT 18, BLOCK 23, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE TED CENTER AND THE DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION TO BE UTILIZED FOR AFFORDABLE HOUSING. (The official copy of Resolution No. 3-02 is on file in the City Clerk's office.) 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. Brian Shutt, Assistant City Attorney, stated this is a resolution allowing the transfer of one parcel (507 S.W. 3r° Street) to the TED Center to be used for affordable housing. The City acquired the lots from Palm Beach County Land's Available List. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Resolution No. 3-02, the public hearing was closed. Mr. Levinson moved to approve Resolution No. 3-02, 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. 10.I. RESOLUTION NO. 4-02/TRANSFER OF PROPERTY: Consider Resolution No. 4-02 which transfers property located at 221 SW 6th Avenue to the Delray Beach Commtmity Development Corporation to be utilized for affordable housing. Prior to -25- 1/08/02 consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 4-02: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN THE CITY OF DLERAY BEACH, WHICH PROPERTY IS LOCATED AT THE WEST 55 FEET OF LOTS 11 AND 12, BLOCK 23, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE TED CENTER AND THE DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION TO BE UTILIZED FOR AFFORDABLE HOUSING. (The official copy of Resolution No. 4-02 is on file in the City Clerk's office.) 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. Brian Shutt, Assistant City Attorney, stated this is a resolution allowing the transfer of one parcel (221 S.W. 6th Avenue) to the Delray Beach Community Development Corporation to be used for affordable housing. The City acquired the lots from the Palm Beach County Land's Available List. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Resolution No. 4-02, the public hearing was closed. Ms. McCarthy moved to approve Resolution No. 4-02, 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. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public. ll.B. From the Public. 11.B.1. Kenneth Carruthers~ 248 W. Coral Trace Circle and a reeistered architect in the State of Florida, stated Coral Trace borders the north side of the Tate property on which the City is proposing to relocate Atlantic High School. Mr. Carruthers stated he wrote a letter to the Mayor on behalf of the HOA of Coral Trace last October and has not received a response regarding the use of the Tare property. In addition, Mr. Carruthers commented that there has been no disclosure regarding the Special Meeting of December 10, 2001. Speaking as a resident and on behalf of Coral Trace, Mr. Carruthers stated residents are vehemently opposed to the -26- 1/08/02 relocation of Atlantic High School adjacent to the Coral Trace development. Mr. Carmthers commented the site is not central to the high school district although it is central to the City of Delray Beach. Mr. Carruthers stated the site even with the Breezy Ridges Estates added to it is too small for future expansion. Mr. Carmthers stated this site is also too small to provide a reasonable buffer. Furthermore, Mr. Carmthers stated he understands that there is a proposal to cover the E-4 Canal and pointed out that this is a local wildlife refuge and a place where residents in the area visit. Mr. Carruthers stated he had access to a site plan produced for the site which did not include the Breezy Ridges Estates and noted the baseball fields are directly against the fence of the neighborhood. In addition, Mr. Carmthers stated the site plan is showing a service road immediately adjacent to the Coral Trace homes providing the garbage and service access within 50 feet of the neighbors. Mr. Carmthers feels this is not the right location for the high school and stated the residents of Coral Trace will continue their protest. Mayor Schmidt stated he would need to go back to his file to see if he received Mr. Carruthers letter and commented this is not to say he did not receive it. Secondly, Mayor Schmidt commented with regard to the December l0th meeting, it was posted in conformance with State Statute. With regard to the site plans, Mayor Schmidt stated those are strictly conceptual drawings that had been done by the School Board staff to give some ideas of how things could be laid out on the various locations. Mayor Schmidt emphasized that nothing has been approved or submitted and commented. If this moves forward there will be an opportunity to work with the residents to try and minimize any impact. Furthermore, Mayor Schmidt commented that the Palm Beach County School Board has not voted to go forward with this site at this point. Mr. Carmthers stated the site is not big enough to put the school especially if the City wishes to expand in the future. Mr. Carmthers commented he has been an architect and planner for 45 years and has designed schools and universities. Mr. Carmthers urged the Commission to reconsider the decision and emphasized the residents of Coral Trace feel this is the wrong location for this site and feel Atlantic High School should stay where it is currently located. 11.B.2. Yusuf Ahmed, President of South Florida Rainbow Tennis Association, stated last year the first annual South Florida Rainbow Tennis Classic event was held at the Dclray Beach Tennis Center. Mr. Ahmcd explained that they arc a non-profit organization and their mission is to improve and help thc inner-City children. Mr. Ahmed stated last year the association paid $2,500 to rent the facility and asked the Commission to approve waiving the cost to help them help thc children in the inner-City. Mr. Ahmed stated the Association is bringing people from Georgia, Alabama, Tennessee, along with places within thc State of Florida such as northern Florida, Tallahassec, Jacksonville, Gainesville, and Daytona. Mr. Ahmed stated the association hopes to improve and increase the participation of people coming to the City of Delray Beach. Mayor Schmidt stated he will ask the City Manager to take a look at this and maybe something can be done regarding the fee. -27- 1/08/02 ll.B.3. James Scott McOwen~ 302 N.W. 18th Street~ stated he returned to Delray Beach after serving in the Military in 1969 and graduated from Atlantic High School in 1957. Mr. McOwen stated he has a concern for the community with regard to the relocation of Atlantic High School. He read the following quote written by James B. Conant into the record: "The nature of the community largely determines what goes on in the school. Therefore, to attempt to divorce the school from the community is to engage in unrealistic thinking, which lead to policies that could wreak havoc with the school and the lives of children. The community and the school are inseparable." Mr. McOwen read his following statement into the record: "I believe that when the school is fully recognized as a public enterprise, and when it continuously seeks for truth, enjoys widespread community participation, and maintains clear two-way communication with the people it serves; it will inevitably be sensitive to change." Mr. McOwen stated as a citizen of the City of Delray Beach he is requesting a public forum for the community and Atlantic High School District to discuss the relocation of Atlantic High School. Mr. McOwen explained that Mr. Robert W. Fulton was the First Principal from our area to become Superintendent of our Palm Beach County School System. The Palm Beach County School Board building is named: Fulton-Holland Educational Complex. Mr. McOwen stated Mr. Fulton, Principal of Seacrest High School said to his graduating class of 1957, "You cannot help what others do to you, but you can help what you do to others." Mayor Schmidt stated the City will be scheduling some public meetings regarding this issue in the very near future. 11.B.4. Kevin Warner~ 248 Venetian Drive, stated he agrees with comments expressed by Mr. McOwen. Mr. Warner stated he has attended many more meetings than Mr. McOwen where this school site issue has been discussed and stated although he has been much closer to the formal discussions of the Commission, he too feels just as much in the dark as Mr. McOwen about how the Commission has made certain decisions as to why certain sites have been rejected or why certain sites are preferred. Mr. Warner urged the Commission that the community deserves to know how this is moving forward. Mr. Warner commented that it has been stated by one of the Commissioners at the last Special Meeting that there be a "fact sheet" and as of this date there is none. Mr. Warner urged the Commission to educate the public and commented it appears steps have already occurred that argue for a decision that has already been made (Tate Property). Mr. Warner encouraged the Commission to have public discussion that will help guide the Commission towards what the community would like to see happen. ll.B.5. Jill DeNio~ resident of Coral Trace~ expressed concern over Mr. Perlman's comments from the Special Meeting of December 21, 2002 regarding the alumni. Ms. DeNio stated she does not understand why the City wants to relocate the school to this particular site and explained the citizens of Delray feel they are being left out of the loop. For the benefit of the public, Mayor Schmidt explained that the reconstruction of Atlantic High School is in the Palm Beach County School Board Master Plan and it is supposed to start soon. To change it now, if the Commission ultimately decides to change this, Mayor Schmidt stated the Commission would have to move very quickly. Mayor Schmidt explained -28- 1/08/02 there have been discussions with the Palm Beach County School Board to see if this would be feasible. Mr. Levinson suggested if Ms. DeNio has a question to please call the Commission instead of making false accusations. Mayor Schmidt stated the Commission should be in a position that later on this month they will be able to schedule some meetings in order to start getting the information out to the public. ll.B.6. Laura Tubbs, Delrav Beach resident~ thanked Mr. Levinson for calling her. Secondly, Ms. Tubbs referenced a few comments made by the City Manager from the meeting of December 21, 2001. Ms. Tubbs stated there were 34 people who signed the petition which said they did not want to relocate from their homes for Atlantic High School to be relocated. Ms. Tubbs stated three other people in addition to the 34 refused to sign but the reason for them not signing is unknown. Ms. Tubbs stated she does not know if there was a language barrier or if those three individuals just flat out refused to sign. Ms. Tubbs stated a woman went approximately five times to one other person to sign, but no one was ever home. Ms. Tubbs stated this individual who was not home could have been on vacation or possibly could have moved. Ms. Tubbs feels this is not a majority of Breezy Ridges that disagrees, but is a majority that agrees that they do not want to be relocated. Ms. Tubbs referenced another comment made by Commissioner Perlman from the Special Meeting of December 21st where it states "the new school will be state-of-the-art and alumni from Atlantic High School and the Chamber of Commerce are in favor of what the City supports." Mr. Perlman clarified to Ms. Tubbs she is reading minutes which are not verbatim minutes. Mr. Perlman stated he said he has spoken to alumni and not all of the alumni favor this. He commented not everyone is against it. Mr. Perlman informed Ms. Tubbs that he did make a presentation to the Chamber of Commerce and stated the Commission is doing their best to get the facts out to the public as soon as they can. ll.B.7. Candy Killian, Alumni of Atlantic High School, stated she carries the banner for keeping the tradition alive and commented when Old School Square used to be Delray Beach High School it was granted the privilege of being saved, she was the one who urged the City of Delray Beach to save the current Seacrest High School. Ms. Killian stated Seacrest High School and Carver High School were destroyed during the age of integration. Ms. Killian stated Atlantic High School was born in the struggle of integration and commented the school is very proud of this and deserves to be left where it is currently located. Secondly, Ms. Killian expressed concern over the safety issue in this area of Congress Avenue and Atlantic Avenue. Ms. Killian stated the traffic on Congress Avenue is horrendous and feels the teenagers will be in danger. Ms. Killian stated if the City does not get the Breezy Ridge property and therefore has to use the Congress Avenue site, two bridges will have to be built. She feels will not only be expensive but will put the kids in danger. Thirdly, Ms. Killian feels the City of Delray Beach is ignoring the residents of Boynton Beach. Ms. Killian stated she loves Delray and urged the Commission to really think this through. -29- 1/08/02 11.B.8. John Oliver, resident of Sabal Lakes and also a paramedic, expressed concern over the safety issue and traffic with regard to the relocation of Atlantic High School. He stated thc Arvida site which is the Barwick Road area is going to bc considered as one of thc possible areas of the relocation of thc high school. To the south on Barwick Road, there is Carver Middle School and in the Sabal Lakes development Banyan Creek Elementary School. Mr. Oliver stated these two schools do not necessarily inter-conflict with each other, but at 7:00 a.m. in the morning and at 8:00 a.m. or 9:00 a.m. there is children and traffic. Mr. Oliver feels that ifa high school is put in this area it will generate more traffic and will only cansc more problems. Mr. Oliver stated that Mr. Perlman was probably correct that he spoke to the alumni not all the alumni. Mr. Oliver stated he contacted many people who did not have any idea about this issue but feels they probably would have been in attendance if they had known. With regard to Lake Worth High School, Mr. Oliver commented there is no relocation for this particular school and the school was rebuilt onsitc. With regard to the new high school in Boynton Beach, Mr. Oliver explained the football stadium is still not in use and thc students have to go to another high school to play football. ll.B.9. John Bennett, 137 Seabreeze Avenue, wished everyone a prosperous and productive New Year. Mr. Bennett stated in June 2000 in the process of approving a special event "A Walk on the Beach Sidewalk", Ms. McCarthy raised the issue of notification to neighborhood associations of special events. Mr. Bennett stated the issue was deferred until after the vote and then the Mayor asked if there was a consensus on courtesy neighborhood property owners associations. Mr. Bennett explained this then prompted an extensive discussion by several Commissioners leading up to Mr. Schwartz who stated that it was a city-wide issue and the notification should be not just to the people on the beach area. Mr. Bennett stated the Beach Property Owner's Association received one letter and one telephone call after that particular direction and has not received anything since. Mr. Bennett stated although one can read in the agenda backup late Friday or Monday if they want to find out what is on the agenda, Mr. Bennett stated it essentially gives someone only a day to coordinate its organization's position, if any. Secondly, Mr. Bennett stated on August 21, 2001 a member of the public questioned the fact that there are special events written on the agenda with no indication of where the event was going to take place. Mr. Bennett stated the City Manager responded at the following meeting by stating "this was an oversight by the City Clerk's Office and in the future staff will insure that it is included in the agenda caption." Mr. Bennett stated recently the City had a major special event involving road closures and the agenda did not indicate what parts of streets were going to be closed. Lastly, with regard to the September 4, 2001 meeting, the City Manager responded to a public comment by stating "the decals for persons doing vegetative maintenance in public utility companies had not been received." However, the City Manager stated "the decals should be available in the next 2-3 weeks at which time staff will go through the process of notifying all the affected businesses and the City Manager stated the process is expected to be completed by the end of September." Mr. Bennett stated he walks his dog daily past numerous vegetative maintenance personnel in their trucks and the only decals he has seen are Gulf Stream -30- 1/08/02 commercial vehicle decals. Mr. Bennett asked about the status of the decals and how many businesses, if any, have acquired the same. Mr. Bennett stated he hopes everyone has a great year. 11.B.10. Jim Tabeek~ President of the IAFF~ stated on behalf of Peter Firehock and his family and everyone at the Fire Department he appreciates everyone wearing the shirts this evening in honor of Peter. Mr. Tabeek thanked the City Manager and City staff for all the hard work involved with Peter's memorial. Mr. Tabeek commented that the City Manager, Chief Koen, and he were all out of town at the time of the memorial service and extended a special thanks to Mr. Barcinski for attending. Mr. Tabeek stated everyone did a fantastic job pulling it all together and stated it meant so much to the family to have the Mayor, the Commission, and the entire staff at the memorial service. at 8:05 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on January 8, 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. -31- 1/08/02 Information for Commissioner Archer City Staff/Fkst Night Jennifer Buce~ Recycling Coordinator - Chairperson Community Involvement Committee - organized and obtained assistance from the Boy Scouts for the campfire, worked on button sales, obtained donations of materials for music makers and other children's activities, assisted in organization of the procession. Sharon Painter and Jeff Dooner - JCD Sports Group - Site Coordinators for the activities at the Tennis Stadiuml Coordinated set up of crane, put up flooring, got tennis center site ready, served on Production Logistics Committee. Lt. Geoff Williams and Officer Jim Finley and police staff- planned and developed security and traffic control plans and provided officers to man critical locations, served on Production Logistics Committee. Assistant Chief John Tomaszewski - Fire Department staff. Assisted in obtaining permit for fireworks and campfire. Provided EMS support for the evening. Served on Production Logistics Committee. Tim Simmons~ Superintendent Parks Maintenance and staff- stage set up, provided trash containers, site cleanup assistance, assistend in setting up portable lights. Harold Bellinger, Superintendent of Streets & Traffic and staff- made banners and signs and set up at specified locations, transported puppets to site, obtained road closure permits, barricaded streets, assisted in delivery of various items as needed to event sites. Jim Schmitz, Superintendent Building Maintenance and staff- provided electrical support for event, picked up and delivered and helped set up New Year's Eve ball and signs, assisted in delivery of various items to event site. Rich Olson, Interim Deputy Director of Public Works - assisted in planning and coordinating all Public Works support for the event and responded to numerous requests from the Assistant City Manger to provide other support to the committee. Lula Butlers Director Community Improvement - coordinated and provided Youth Council volunteers for various venues and activities. Provided all staff support at Teen Central, served on Production Logistics Committee. Robert Barcinski~ Assistant City Manager- Chairperson of Production Logistics Committee - coordinated all city staff support for the event, obtained city staff support for committee for other numerous requests as needed. JANUARY 15, 2002 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David Schmidt in the City Commission Chambers, Tuesday, January 15, 2002, at 6:00 p.m. Roll call showed: Present - Commissioner Pal:rich Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby City Clerk Barbara Garito Mayor Schmidt called the meeting to order and announced that it had been called for the purpose of considering the following items: ,,RESOLUTION NO. 1-02: Consider approval of Resolution No. 1-02 authorizing the City to purchase property on the east side of Coral Trace Boulevard (formerly known as the Tate property) and Contract for Sale and Purchase between the City and Continental Homes of Florida, Inc., in the amount of $6,390,000, said property consists of approximately 19.653 acres of land. David T. Harden, City Manager introduced the item and explained that before the Commission is Resolution No. 1-02 and a contract with Continental Homes of Florida, Inc., for purchase of the Tate Property which consists of approximately 20 acres. The contract actually locks in the price of the property at $6,390,000 while negotiations continue with the School Board for the possible relocation of Atlantic High School. In relation to this, he advised the Commission and public there are two (2) Public Heatings scheduled on the possible relocation of Atlantic High School; the first is scheduled for 7:00 p.m. on Wednesday, January 30, 2002 at Old School Square and the second at 7:00 p.m. on Monday, February 11, 2002 at Atlantic High School. Susan A. Ruby, City Attorney informed the Commission that the contract before them tonight consists of the purchase of approximately 20 acres in the amount of $6,390,000. A deposit in the amount $200,000 is required which will be held in trust while the City does ~ts "due diligence". During the period of 45-days, the City will conduct feasibility studies and has the right to terminate the contract for any reason. If during that period the City decides not to go through with the purchase we will receive a full refund of our deposit. There already has been infrastructure work done on this land, which has some value, and so at this point staff recommends that Commission approve Resolution No. 1-02 and the contract thereby allowing staff the 45 days to complete its "due diligence" and decide on the feasibility of purchasing this property. Mr. Perlman made a motion to approve Resolution No. 1-02 and the Contract for Sale and Purchase between the City and Continental Homes of Florida, Inc. in the amount of $6,390,000, seconded by Mr. Levinson. Upon roll call, the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote Prior to the roll call, the following discussion ensued, Commissioner McCarthy advised that she filed a Conflict of Interest Form with the City Clerk since she has a possible conflict of interest, therefore, she would not be voting or commenting in this issue. Commissioner Perlman, requested clarification for the pubIic on the price of the property. Mrs. Ruby commented, a few months ago the appraiser estimated the purchase price of the land added to that figure was approximately a httle over a million dollars for infrastructure improvements already made to the property by the current owners. Then after the appraiser talked to experts in the construction field and in anticipation as to what improvements would be made to the property over the next 4 months, evaluated the purchase price for the property. Four months was used since if we decided to go ahead and acquire the property under eminent domain proceedings it would likely take 4 months or more. There is a value for each month that goes by which is approximately $384,000 in development costs, adding all that up comes to $6,089,000 with only a 4-month window, therefore staff felt that the purchase price of $6,390,000 seems reasonable. Commissioner Perlman further questioned whether 45 days would be enough time to work with the School Board for reimbursement. Mrs. Ruby responded that negotiations are on going with the School Board and there is a draft agreement in the works and hopefully will be agreed upon during this time, however, this is the best offer staff could negotiate with the seller. RESOLUTION NO. 9-02: Consider Resolution No. 9-02 in support of an apportionment plan, which will be in the best interest of the Palm Beach County residents. Mr. Levinson made a motion to approve Resolution No. 9~02, seconded by Mrs. Archer. 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. WAIVER REQUEST/2na ANNUAL SOUTH FLORIDA RAINBOW TENNIS CLASSIC; Consider a request to waive the proposed $2,500 site fee for the 2"d Annual South Florida Rainbow Tennis Classic to be held at the Tennis Center on February 15 through February 17, 2002. Mr. Perlman made a motion to approve the waiver request for the 2na Annual South Florida Rainbow Tennis Classic proposed $2,500 site fee, 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. NOISE COMPATIBILITY ADVISORY COMMITTEE APPOINTMENT: Appoint a member to the Noise Compatibility Advisory Committee (NCAC) at the request of the Boca Raton Airport Authority. Mr. Perlman made a motion to appoint a member to the Noise Compatibility Advisory 2 Committee Appointment (NCAC), at the February 5, 2002 Commission Meeting, by taking applications through the Clerk's office, seconded by Mrs. Archer. 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. Prior to the vote Commissioner Archer voiced concerns that the Legislators perceive membership on the NCAC would have an impact on our option to pursue a seat on the Boca Raton Airport Authority. Mayor indicated that he does not feel it will hinder our desire for a seat on the Boca Raton Airport Authority. There being no further business, Mayor Schmidt declared the Special Meeting adjourned at 6:15 p.m., at which time the Commission convened to the regularly scheduled Workshop Meeting in the First Floor Conference Room. ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, January 15, 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 amendments, additions or deletions to the Minutes as set forth above. -3- JANUARY 28, 2002 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David Schmidt in the City Manager's Conference Room at City Hall at 5:00 P.M., Monday, January 28, 2002. Roll call showed: Present - Commissioner Patricia Archer Commissioner Mberta McCarthy Commissioner Jeff Perlman Commissioner Jon Levinson Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby City Clerk Barbara Garito Mayor Schmidt caLled the meeting to order and announced that it had been called for the purpose of considering the following items: 1. RATIFICATION OF THE COLLECTIVE BARGAINING AGREEMENT & MEMORANDUM OF UNDERSTANDING/PROFESSIONAL FIREFIGHTERS LOCAL 1842 IAFF: Approve and ratify the Collective Bargaining Agreement and Memorandum of Understanding between the City and Professional Firefighters of Delray Beach, Local 1842 IAFF, for a 3-year period between October 1, 2001 through September 30, 2004. City Manager David Harden stated the cost of implementation of the agreement and memorandum of understanding is an added cost of approximately $255,000 for this year with a larger adjustment next year due to the implementation of the experience adjustment of approximately $478,000. This item was brought before the Commission tonight since the Fire Department is beginning to experience recruitment problems and the Chief would like to start advertising the pay ranges to fill the current vacancies. Commissioner Perlman made a motion to approve the Collective Bargaining Agreement and Memorandum of Understanding between the City and Professional Firefighters of Delray Beach, Local 1842 IAFF for a 3-year period between October 1, 2001 through September 20, 2004, seconded by Commissioner 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. · ~LI-OCATION OF $12,50 FUNDS FOR COUNTYWIDE INTEROPERABLE RADIO SYSTEM; Direction regarding the City's position concerning the allocation of $12.50 funds for Countywide Interoperable Radio System. The City Manager requested Commission's direction on the City's position concerning allocation of the $12.50 funds. The ~ssue at this time is the method of calculating the allocation. The $12.50 funds are County monies paid directly to them. However, a couple of years ago they agreed to start reserving the portion collected by the Municipalities for use by the Cities for going into the interoperable radio system. Commissioner McCarthy will represent the City on January 302 at the League of Cities meeting and relay the City's position. It was the consensus of the Commission that the City would support the disbursement of funds based upon point of collection vs. population. 3. Commission Comments. Commissioner Perlman asked the City Manager if he has any indication how the City will fair this year due to the economy. Mr. Harden responded that we have run some projections and estimate a shortfall in revenues of approximately $900,000; however, he does not feel confident with the Communication Service tax figures. The Communication Service tax check is expected sometime this week and then we should have a better projection for the year. Due to the fall in interest rates, the largest shortfall seems to be in earnings. That figure is in the area of one-half million dollars less than predicted earlier in the year. He added that the figure for the pension fund for this year is fixed but will be affected by the changes next year. Regarding property tax, we did extremely well with $240,000 additional tax dollars, however, half will go to the CRA. While in Tallahassee Commissioner Perlman indicated there was discussion regarding the homestead exemption being calculated on the second $25,000 vs. the first $25,000 property value, however politically it could be suicide. Commissioner McCarthy asked if any other CRA's or City's in Florida are doing anything differently since the 3% Save Our Homes was put into place. That is one of the things municipalities have not responded to and she was unsure if it is because we could not do something different once the funds were allocated to the CRA. In addition, in the projection of the shortfall was the refund dollars the City receives from the SCRWTD Board put in the projections as well? The City Manager responded the funds are calculated in the Water and Sewer Fund and not the General Fund. Commissioner Levinson noted because of the homestead exemption on the first $25,000 property value Broward County is moving towards a Fire Service Fee, since there are so many properties that currently do not pay property tax. It was also noted by Commissioner McCarthy that calculating property tax on the first $25,000 would at times affects those people who can least afford it. Commissioner Archer reiterated that changing the homestead exemption calculation would be political suicide and that is why it is being avoided. Mayor Schmidt declared the Special Meeting adjourned at 5:20 p.m. City Clerk -2- ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on January 28, 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 amendments, additions or deletions to the Minutes as set forth above. -3- WHEREAS, the DELRAY ROCKS FOOTBALL & CHEERLEADING Program is sponsored by the City of Delray Beach Parks and Recreation Department, and the players and cheerleaders proudly represent the City of Delray Beach; and WHEREAS, all four football and cheefleading teams were invited to participate in the Sports Network International, Inc. National Youth Football Championshxps in Daytona Beach, Florida; and WHEREAS, the 80-pound team led by Coach Gerrall Lewis was runner-up in their Division at the Sports Network International, Inc. National Youth Football Championships held on November 24, 2001, in Daytona Beach, Florida; and WHEREAS, the 125-pound team led by Coach Walter Stephens won their Division at the Sports Network International, Inc. National Youth Football Championships held on November 24, 2001, in Daytona Beach, Florida; and WHEREAS, the 155-pound team led by Coach Ben Leonard was runner-up in their D:vision at the Sports Network International, Inc. National Youth Football Championships held on November 24, 2001 in Daytona Beach, Florida; and WHEREAS, the 80-pound cheerleadmg squad led by Coaches DySonya Peele and Kim Philhps, the 100-pound cheerleading squad led by Coaches Maria Jackson and Meika Stimpson, the 125-pound cheerleading squad led by Coaches Joyce Neal and Brittany Stephens, and the 155- pound cheerleadmg squad led by Coaches Lori Johnson and Sasha Wright all received %xcellent' ratings at the South Florida Youth Football Cheerleading Competition at Ely High School in Pompano Beach, Florida on November 19, 2001. The 80-pound squad received 1" place ~n the Dance Competition at the Sports Network International Cheerleading Competition held on November 24, 2001 in Daytona Beach, Florida; and WHEREAS, the parents, friends and cheerleaders of Delray Rocks represented the City of Delray Beach in support of the accomphshments of these young men and women and their coaches. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the Delray Rocks and Cheerleaders to be "CHAMPIONS AMONG CHAMPIONS AND AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR THE CITY OF DELRAY BEACH, FLORIDA." 1N WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed thus 5* day of February, 2002. DAVID W. SCHMIDT MAYOR WHEREAS, nearly I00 full-time employees work in the Parks and Recreation Deparmaent within the three Divisions of Parks Maintenance, Recreation, and Ocean Rescue; and WHEREAS, the Department bas developed performance measures to identify exceptaonal employees within these three Divisions based on their lob duties, responsibiliaes, and volunteer service in the community; and WHEREAS, Vivian Mitchell from the Parks Maintenance Division, Ilonka Weinstein from the Recreation Division, and Bob Taylor from the Ocean Rescue Division were chosen the TOP EMPLOYEES of their respective Divasions; and WHERF. AS, Vivian Mitchell was selected as the recipient of the Parks and Recreation Department EMPLOYEE OF THE YEAR AWARD for 2001. NOW, THEREFORE, I, DAVID W. $CHMIDT, Mayor of the City of DeL-ay Beach, Florida, on behalf of the City Commission, do hereby recognize and commend VIVIAN MITCHELL PARKS and RECREATION EMPLOYEE OF THE YEAR 2001 for her de.cation and service to the community of Delray Beach and the Parks and Recreation Depamnent. In addition, do hereby recognize and commend ILONKA WEINSTEIN and BOB TAYLOR PARKS and RECREATION TOP EMPLOYEES OF THE YEAR 2001 on a job well done for the Parks and Recreation Department and the City of Delxay Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delxay Beach, Florida, to be affixed this 5~ day of February, 2002. DAVID W. $CHMIDT Mayor RESOLUTION NO. 8-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING WII.!.IE GERALD FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DF.I.RAY BEACH. WHEREAS, Willie Gerald was hired by the City of Delray Beach on January 19, 1972; and WHEREAS, on January 19, 2002, Willie Gerald reached a milestone in his career, having achieved thirty 00) years of continuous, full-time service with the City of De[ray Beach; and WHEREAS, during the past thirty years, Willie has been a dedicated and loyal employee, gifted with wisdom, serving as a mentor to his peers, a counselor to his managers, an encourager and a leader, always exhibiting a positive "can do" attitude; and WHEREAS, the City of Delray Beach and the Parks and Recreation Department are honored to have Willie Gerald as an employee. We feel especially proud of his work effort and contributions to the City, and recognize the fact that he is known throughout the parks maintenance community for his thorough working knowledge on a variety of subjects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLI.OWS: Section 1. That the City Commission of the City of De[ray Beach hereby recognizes and commends Willie Gerald for thirty years of dedicated and faithful public service. ~ That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Willie Gerald for his many years of service, and further wishes him the best of health and happiness as he continues his career with the City of De[ray Beach. PASSED AND ADOPTED in regular session on this the 5~ day of February 2002. A~T: MAYOR CITY CLERK MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # ~rt~r ' - REGULAR MEETING OF FEBRUARY 5, 2002 FINAL PLAT APPROVAL/RENAISSANCE VILLAGE SUBDMSION DATE: PLAT FEBRUARY 1, 2002 This is before the Commission to approve the final boundary plat for Renaissance Village subdivision. The property is being subdivided to create 20 townhouse units and xs located at the southeast comer of NE 6th Avenue and NE 2"a Street. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final sub&vision plat for Renaissance Village. S:\City Clerk\chevelle folde~\agenda memos\Final Plat. Renaissance Village.02 05.02 RECEIVED ~IYI'Y ~IANAGER City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Barron E. Caronite, PE, Assistant City Engine~ January 29, 2002 Renaissance Village Subdivision Plat Please find an agenda request for Commission approval of the subdivision plat for Renaissance Village attached. I have also enclosed a location map and a reduced copy of the plat. Site plan approval was granted by SPRAB on August 22, 2001. The property is being subdivided to create 20 townhouse units and is located at the Southeast intersection of NE 6th Avenue and NE 2nd Street. If this meets with your approval, please place it on the February 5, 2002 Commission meeting for Commission approval. Encl. File: cc: S:/engadmin/tac/Renaissance Village/agmemo020502.doc Randall Krejcarek, P.E., City Engineer TAC: Renaissance Village L1 0 I gnN3AV ~i~ /3Nlq~'~±N33 133S15 pu~ 3N Agenda Item No. ~ Request to be placed on: X Regular Agenda __ Special Agenda Workshop Agenda AGENDA REQUEST Date: Jan. 29, 2002 When: Feb. 5, 2002 Description of item (who, what, where, how much):Approval of the Subdivision Plat for Renaissance Villaqe. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the Subdivision Plat for Renaissance Village. ~~ Department head signature: __ _ f-~u-t- Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: ~-~ ~ Approved for agenda: /fE'~/NO~4~I Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- Renaissance Village file:s/engadmin/tac/Renaissance Village/Ag020502.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~a~5 - REGULAR MEETING OF FEBRUARY 5, 2002 FINAL PLAT APPROVAL/MALLORY SQUARE SUBDMSION PLAT FEBRUARY 1, 2002 This is before the Commission to approve the final boundary plat for Renaissance Village subdivision. The property is being subdimded to create 84 townhouse units and is bounded by SE 5e' Avenue, SE 6~' Avenue, SE 3rd Street, and SE 4m Street. All technical and staff comments have been addressed and the plat ~s ready for approval. Recommend approval of the final subdivision plat for Mallory Square. S:\City Clerk\chevelle folder\agenda memos\Final Plat. Renmssance Village 02.05.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Barron E. Caronite, PE, Assistant City Engineer~_~ January 29, 2002 Mallory Square Subdivision Plat Please find an agenda request for Commission approval of the subdivision plat for Mallory Square attached. I have also enclosed a location map and a reduced copy of the plat. Site plan approval was granted by SPRAB on December 12, 2001. The property is being subdivided to create 84 townhouse units and is bound by SE 5th Avenue, SE 6th Avenue, SE 3rd Street and SE 4th Street. If this meets with your approval, please place it on the February 5, 2002 Commission meeting for Commission approval. Encl. File: cc: TAC: S:/engadrnin/tac/Mallory Square/agrnemo020502.doc Randall Krejcarek, P.E., City Engineer Mallory Square 1I ,,J. IOV~I .J. £3V~1 Z 0 .3. IOVSI .3~ IOYBI mC, 0 ATLANTIC AVENUE r- -'r' - -,"-. T---.- .... "'~-" ........ i . ..... f .... ' -t- .......... ~ ................ /~'-T--~ 7 ..... ~- I -~ ---r ~. E, ' 'T S ? .... ..It ........ ' .._,~ .__, _.~.,, ............... ., I I , , , ~' ..... ' --,-- ; ~ ~-4L ...... > ...... , ....... ; " ', ;' ...... - -' _ ~.~. ~ .'_:-: ~.o :,,- ~. ," , , ! ' r ...... ',: ..... ' ......... --- --, ~ ........ !; ....... -~r-~ ~-~--~q/ /. ~ ....................... ~, , !i ', ........ ~, ......... ? ..... : , , ,z//-///~,- ..... :, ........... ' i~ , , ' ' ', ,--- -~ ....... ~ ............. ~ ...... 'i ..... ~ ~-~'~ ~. Y ..... ' ~ ...... ~ ....... ~ ,,---~ ~__~ .,~ ..... ~ .... _~ ,, ....... ,. ....... _ .... ~ .... ~,~ ~~ ~! ..... ~ '. ' - .... ~ . ~ '! , S .... , -_ . ...... ~ .... ,r-- - -- L , ,' , , t~ ,----- ' , ......... ' '. ..... ~ ..... ~-~ -i , '.'~ ...... d~ ....... ; ....... '~r ....... ~ / ...... r - - - S.E. 4~ ST. ?--)__.1-? ...... i ....... ......... .... i-:: ~:_J:.--_ : ~ ~, -'¥ .... I 'il' ~ .... ' ~ ..... ; : i I i ....... ....... ~-'- ~ ' ?Z__ 'Z.~..-_-'-Z'. ......... ~---~::~-'" '?---r -~ ' ' L._.~.._] .__..~ ._~ ' ,, , ~ , . , . ....... ~ ................ . , __ ......... . ' / .... - --~-T' --7-, ...... '~ ........ ! .................... , -. I ; ' ' ' ' "' ' '" -' - - ' ' ". ....... '~' i ...... 4' .[ , ............................ ' L_ ' ---: .... ~ ...... ' , ' ..... " ....... ' . _L .......... /' , -~ ~ ~ ~,- ... -- - --J --. ~ ...... , ........ ~ ~ .... -' .... -, ...... ;~ .... · ..... ? Z ................. <~ _~: -_ .... <(! i ~ ~ .......... ~'-'.q- ...... .,- ...... -~ ....... [ ...... ~?. ....... ~ ..... ~C~~- ..... ; ....... i0~ ........ . ~ ~ ............... '<~ .............. ~-.. ...... ~_ ....... < _ ___~'-_--~t~ ...... ~ ...... ~'~i Agenda Item No.~ Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda Date: Jan. 29, 2002 When: Feb. 5, 2002 Description of item (who, what, where, how much):Approval of the Subdivision Plat for Mallory Square. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the Subdivision Plat for Mallory Square. ~~ ~_~,.~ Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: ~ ~ Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- Mallory Square file:s/engadmin/tac/Mallory Square/Ag020502.doc I TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVI A E Cl MANAGER DAN MARFINO, PRINCIPAL PLANNE~-~~--- MEETING OF FEBRUARY 5, 2002 *CONSENT'A'~ENDA* ABANDONMENT OF A 16-FOOT GENERAL UTILITY EASEMENT LYING WITHIN BLOCK 112 - DELRAY HEIGHTS PLAT, LOCATED BETWEEN S.E. 3RD AND S.E. 4TM STREETS. BACKGROUND The request involves abandoning a 16-foot wide utility easement, approximately 620 feet in length, running north-south in the middle of Block 112, Delray Heights (Plat Book 1, Page 130). The subject easement was created by City Resolution 17-77, in February of 1977, in conjunction with the abandonment of the underlying alleyway. The abandonment request was submitted by Ironwood Properties, who currently own all lots located in Block 112. The applicant plans to incorporate this area into the proposed development of Mallory Square, an 84-unit townhouse project. This project received site plan approvat at the Sit~ Plan Review and Appearance Board (SPRAB) meeting of December 12, 2001, and is concurrently seeking plat approval with this abandonment request. Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior the City Commission granting an abandonment: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. Numerous public and private utilities have facilities located in the subject area. In order to accommodate these facilities, the applicant has created several replacement easements with the associated plat of Mallory Square. The applicant will bear the cost of relocating any existing facilities to the new easement area(s). All utility companies, which had facilities in the current easement area, have reviewed and accepted the new easements as described on the proposed plat. As stated previously, the plat of Mallory Square is being processed concurrently with this abandonment request, and is before City Commission for final action, on this agenda. RECOMMENDED ACTION By motion, approve the abandonment of the easement, based upon positive findings with respect to LDR Section 2.4.6(P)(4). Attachment: · Abandonment Resolution · Survey & Legal Description · Location Map S:~3oards~citycommission\Mallory Sq E-Aban-CCDoc.doc RESOLUTION NO. 16-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DR!.RAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED WITHIN THE PLAT OF BLOCK 112, DRI,RAY HEIGHTS AS RECORDED IN PLAT BOOK 1, PAGE 130 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Dekay Beach, Florida, received an application for abandonment of a utility easement located within the Plat of Block 112, Dekay Heights, as more particularly described herein; said property being located between SE 3ra Street and SE 4~ Street; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Dekay Beach, Florida, pursuant to LDR Section 2.4.6(P)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Dekay Beach to vacate and abandon said easement, as more particularly described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Section 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: That certain 16 foot wide utility easement, described by Resolution No. 17-77, in official records book 2646, page 1791 of the public records of Palm Beach County, Florida, lying across the 16 foot wide Res. No. 16-02 platted alley, now abandoned, lying adjacent to lots 1 to 24, block 112, Delray Heights, a resubdivision of block 112 of the Town of Linton, now City of Delray Beach, Florida, as per 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 1, page 130, of the public records of Palm Beach County, Florida. Containing approximately 9,970 square feet, more or less. PASSED AND ADOPTED in regular session on this the 52 day of February, 2002. ATTEST: City Clerk MAYOR 2 Res. No. 16-02 I S.F_. s,e, 3RD 4TH STREET STREET CITY OF DELRAY BEACH, FL PLANNING ,a, ZONING DEPARTMENT -- D~/FAL BASE Ag, t= SrS*FE'~ -- EASEMENT ABANDONMENT BLOCK 112, DELRAY HEIGHTS . ~' I [iii ILl , 11 I III III II I ILl .~., :... MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM, 5 D - REGULAR MEETING OF FEBRUARY St 2002 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISP0~AL BOARD ACTIONS FEBRUARY 1, 2002 This is before the City Commission to ratify the actions taken by the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting on January 17, 2002. By a vote of 8 to 0, the SCRWTD Board approved the following: · Authorization to renew contract with New Look Lawn Services dated March 1, 2000 for the sum of $1,400 per month for the length of the contract in the North area and an additional sum of $1,000 per month for the length of the contract in the South area. Contract will be in effect for final term. · Authorization to enter into a contract with Aarow Building & Maintenance, Inc. dated March 1, 2000 for the sum of $310.00 per month for janitorial services. Contract will be in effect for final term. · Authorization to recind ~nding portion of board action of July 19, 2001 to expend $156,500 from repair & replacement fund to pay SCRWT&DB'S share of design and permitting phase of the Biosolids Pelletization Project · Authorization to expend $9,000 from repair and replacement funds to install permanent hurricane shutters on screening and chemical buildings. · Authorization to expend $14,000 from repair and replacement funds to clear invasive growth from perimeter fence plus repair fence and install three strand barb wire where necessary. · Authorization to expend $7,500 from repair and replacement fund to install isolation circuits to P.C.'S in administration building. · Authorization to expend on an emergency basis $6,000 from repair and replacement funds to purchase reclaimed flow meter replacement kits at each golf course. · Authorization to expend $10,000 from repair and replacement funds on an emergency basis to replace operator interface board and wear ring on centrifuge "B". · Authorization to expend $$,000 from repair and replacement funds on an emergency basis to replace motors and bearings on both grit classifier pumps. · Authorization to expend $3,800 on an emergency basis from repair and replacement funds to replace clutch on · Authorization to expend $2,653 on an emergency basis from repair and replacement funds to replace plant influent meter transmitters. · Authorization to accept Hazen & Sawyer's preliminary design report task order. Recommend ratification of the actions approved by the SCRWTD Board on January 17, 2002. SACiiy Clerk~chev¢lle folde~agenda memm~.SCRWTD Board Actioo of 0l 17.02.doc BOARD Ciey Council Members of Boynton Beac~ & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-mail: scrwwtp@ ix.netcom.corn MEMORANDUM TO: FROM: DATE: RE: Nilza Madden City OF Delray Beach Mary Ann Shumilla January 18, 2002 RATIFICATIONS FOR SIGNATURE Attached are Ratifications from the Quarterly Annual Meeting of January 17, 2002 which require signatures. Would you place these on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratifications are executed. Thank you. CITY CLERK RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 17, 2002, by a vote of 8-0, approve AUTHORIZATION TO RENEW CONTRACT WITH NEW LOOK LA WN SERVICES DA TED MARCH 1, 2000 FOR THE SUM OF ~ 1,400. PER MONTH FOR THE LENGTH OF THE CONTRACT IN THE NORTH AREA AND AN ADDITIONAL SUM OF ~1,000 PER MONTH LENGTH OF THE CONTRACT IN THE SOUTH AREA. CONTRACT WILL BE IN EFFECT FOR FINAL TERM. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 17, 2002, by a vote of 8-0, approve AUTHORIZA T/ON TO ENTER INTO CONTRACT WITH AAROW BUILDING & MAINTENANCE, INC. DA TED MARCH 1, 2000 FOR THE SUM OF ~310.00 DOLLARS PER MONTH FOR JANITOR/AL SERVICES. CONTRACT WILL BE IN EFFECT FOR FINAL TERM. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 17, 2002, by a vote of 8-0, approve AUTHORIZATION TO RECIND FUNDING PORTION OF BOARD ACTION OF JUL Y 19, 2001 TO EXPEND ~156,500 FROM REPAIR & REPLACEMENT FUND TO PA Y SCRWT&DB'S SHARE OF DESIGN AND PERMITTING PHASE OF THE BIOSOLIDS PELLETIZATION PROJECT. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Deiray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 17, 2002, by a vote of 8-0, approve AUTHORIZATION TO EXPEND ;~9,000 FROM REPAIR & REPLACEMENT FUNDS TO INSTALL PERMANENT HURRICANE SHUTTERS ON SCREENING AND CHEMICAL BUILDINGS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 17, 2002, by a vote of 8-0, approve AUTHORIZATION TO EXPEND ~14,000 FROM REPAIR & REPLACEMENT FUNDS TO CLEAR INVASIVE GROWTH FROM PERIMETER FENCE PL US REPAIR FENCE AND INSTALL THREE STRAND BARB WIRE WHERE NECESSARY. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 17, 2002, by a vote of 8-0, approve AUTHORIZATION TO EXPEND ;7,500 FROM REPAIR & REPLACEMENT FUND TO INSTALL ISOLATION CIRCUITS TO P.C. 'S IN ADMINISTRATION BUILDING. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 17, 2002, by a vote of 8-0, approve AUTHORIZATION TO EXPEND ON AN EMERGENCY BASIS $6,000. FROM REPAIR & REPLACEMENT FUNDS TO PURCHASE RECLAIMED FLOW METER REPLACEMENT KITS AT EACH GOLF COURSE. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 17, 2002, by a vote of 8-0, approve AUTHORIZATION TO EXPEND ;10,000 FROM REPAIR & REPLACEMENT FUNDS ON AN EMERGENCY BASIS TO REPLACE OPERA TOR INTERFACE BOARD AND WEAR RING ON CENTRIFUGE "B". WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach· NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 17, 2002, by a vote of 8-0, approve AUTHORIZATION TO EXPEND ~5,000 FROM REPAIR & REPLACEMENT FUNDS ON AN EMERGENCY BASIS TO REPLACE MOTORS & BEARINGS ON BOTH GRIT CLASSIFIER PUMPS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beech this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 17, 2002, by a vote of 8-0, approve AUTHORIZATION TO EXPEND ;3,800 ON AN EMERGENCY BASIS FROM REPAIR & REPLACEMENT FUNDS TO REPLACE CLUTCH ON JOHN DEERE TRACTOR. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 17, 2002, by a vote of 8-0, approve AUTHORIZATION TO EXPEND ~2,653.00 ON AN EMERGENCY BASIS FROM REPAIR & REPLACEMENT FUNDS TO REPLACE PLANT INFL UENT METER TRANSMITTERS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 17, 2002, by a vote of 8-0, approve AUTHORIZATION TO ACCEPT HAZEN & SA WYER'S PRELIMINARY DESIGN REPORT TASK ORDER. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney £1TY OF I)ELRI:IY 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-'/091 1993 DATE: TO: FROM: MEMORANDUM January 24, 2002 City Commission Brian Shutt, Assistant City Attorney SUBJECT: Acceptance of Easement Deed from Sherwood Forest Homeowners Ass'n The following easement deed grants to the City the means to maintain a water main that will be constructed by the developer. The proposed project is located on the south side of West Atlantic Avenue just east of Whatly Road (see attached map). The project consists of a two lot subdivision with an office building proposed on one lot and a hotel proposed on the other lot. By copy of this memo to David Harden, our office requests that this item be placed on the February 5, 2002 City Commission agenda for acceptance. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Barton Caronite, Asst. City Engineer Prepared by and Return to: JASON S. MANKOFF, ESQUIRE Weiner & Aronson, P.A. 102 North Swinton Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE is made this [~ day of ~'~n~,~t~' , ,2002 by SHERWOOD FOREST HOMEOWNERS ASSOCIATION, INC., ("Association') with a mailing address of e.o. ?t.,i fiord, ...ct. · WITNESSETH: That the Association for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant unto the City, its successors and assigns, a right-of-way and perpetual non-exclusive easement for the purpose of the maintenance and construction of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property, further described in Exhibit "A", located in Palm Beach County, Florida. Concomitant and coextensive with this right is the further right in the City, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the non-exclusive easement, as expressed hereinafter. That this non-exclusive easement shall be subject only to those easements, restrictions, and reservations of record. That the Association agrees to provide for the release or subordination of any and all mortgages or liens encumbering this non-exclusive easement. The Association also agrees not to erect a building or effect any other kind of construction or improvements upon the above- described property. It is understood that upon completion of such maintenance, all lands disturbed thereby as a result of such maintenance performed thereon, shall be restored to its original or like condition without expense to the Association. The Association does hereby fully warrant the title to said land and shall defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described non-exclusive easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS ltl: oPt (Name printed or typed) WITNESS #2: (Name printed or typed) SHERWOOD FOREST HOMEOWNERS ASSOCIATION, INC. By: ~~...-~.~ Its: ~ Co,_.~ ~ STATE OF FLORID.~ ) COUNTY OF J'""~/",'q~ ~ ~.r~ ) The foregoing instmmelali was acknowledged before me this /~' day of 7.J/0~r/. , 2002, by ~'~/ ~PI~e r' , as I'r~,'~'d~.l, (name of officer or agent,~tltle of officer or agent), of ~51~"~#d_ ~,a~4' 14~t~, ~(.name ofcorporanon acknowled~:ng), a ~./, Co~'.ot~'o4~t,n/'~ i~tate or place of incorporation) corporation, on behalf of the corporanon.~_~0/She is personally knov~n t~ me' or has produced ~1:~, ~r~ 4~,5, t. ece~ li-.~-- (type ofidennficanon) as ldennfication. Stgnature of Person Taking Acknowledgment Name Typed, Pnnted or Stamped O \Cart002\Easemen't Deed wpd 2 CANAL L-33 DRIVE PINE GROVE WEST A T L A N T I C ,JEFFERSON ROAD UNCOLN ROAD AVENUE SITE ESTATES DRIVE CIRCLE LAKEWOODE DRNE CITY of DELRAY BEACH 434 ~ ~ AV~I~.~E, DI~I. RAY I~AC~.~ I=LC3~I~A 334~4 CARLSON / BLACK PLAT LOCATION MAP 2001 - 200 DATE:5-3(}-20~I =orr sonblockplo~l MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM FDOT UTILITY - REGUIJ~R MEETING OF FEBRUARY 5, 2002 PERMIT & HOLD HARMLESS AGREEMENT/MM,LORY SQUARE FEBRUARY 1, 2002 This is before the City Commission to authorize approval of a hold harmless agreement for work performed within the state right-of-way. Ironwood Properties, Inc. is developing Mallory Square, a proposed townhouse project between SE 3~a Street and SE 4th Street between the Federal Highway pairs. The developer is required to construct water main extensions within the state right-of-way. The Florida Department of Transportation requires the City to sign the permit on behalf of the developer. The proposed agreement provides that the developer will hold the City harmless for the utility work to be performed under the permit. Recommend approval of the hold harmless agreement for work performed within the state right-of- way between the City and Ironwood Properties, Inc. RefiAgraemol 6.Hold Harmless Agmt. MallorySquare.2.5.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Barron E. Caronite, PE, Assistant City Engineer~'~~ January 11, 2002 Hold Harmless Agreement for FDOT Utility Permit for Mallory Square Please find attached a hold harmless agreement for work performed within the state right-of-way. Mallory Square, a proposed townhouse community located between SE 3rd Street and SE 4th Street between Northbound and Southbound Federal Highways, has been required to construct a water main extension within the State right-of-way. The Florida Department of Transportation requires the City to act as the utility permit applicant. The attached agreement holds the City harmless for the work performed under the permit. If the attached agreement is acceptable, please place it on the February 5, 2002 meeting for commission approval. cc: Randal Krejcarek, PE, City Engineer Brian Shutt, Assistant City Attorney s:~engadmm~orojects~tacVnallory square~agrnemo 020502 doc HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT, is entered into this ~ day of 0{ce~ , 2001 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY~) and Irom0ood Prop~.._ t!e~,I.rz(hereinafter r~ferred to as "DEVELOPER'). WITNE$$ETH: WH~REAS, DEVELOPER wishes to install/construct utilities in the fight-of-way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place ia the State right-of-way; and WHlz~REAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right-of-way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right-of-way by the DEVELOPER, its contractor or agent. NOW, Ti:li~..REFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DIilVELOPIilR, its contractors or agents in relation to the work performed in the State right-of-way and as more particularly shown on the engineering plans submitted for the development known as Malloz,y Square 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility im?rovement shall be constructed in aeco~ with the applicable codes of the City of Delray Beach and the State of Florida. The DEWF. J~PER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Um'emedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as pan of the obligations of the guarantee and warranty. Defects in the installation Or construction of the utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithfifl observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the utility improvement, applying such skills and expertise as may be necessary to perform the' work in accordance with the approved engineeriag plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the utility improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 2 6. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to commencing installation or construction. 8. DEVELOPER shall be bound by all the terms and conditions found in the Utility Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit 9. This agreement shall not be valid unless signed by the City's Mayor and City Clerk. IN WITNESS WHF~REOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA David Sehmidt, Mayor 3 WITNESS (Print or Type Name) DEVELOPER: I~ ~i~, Inc. By: ~,,"""~ (Print or Type Name) ADDRESS: 277 S.E. 5th Ave. (561)279-3952 33483 STATE OF FLORIDA COUNTY OF PALM BEACH ~~..~./~The foregoing instrument was acknowledged before me this ~)?'~ day of .200..~._ by~C"/f/Z/~-/~'/:J~-/// (name of officer or agent, title of officer or agent) of .. _z_~oxV~.~c~o~ ;;~/2o/P~5~j--/~./..dC (name of corporation acknowledging), a .~"z.~,~.J~,~ (state or place of i~corporation) corporation, on behalf of the corporation. He/She is_.~p~rso~_!!¥ know to me or has produced (type of identification) as identification and did (did not) take an oath. /Sigr~at~lre Of N~]~Ublic of Flori~ TM Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda AGENDA REQUEST Date: Jan. 11, 2002 When: Feb. 5, 2002 Description of item (who, what, where, how much):Approval of a hold harmless agreement between Ironwood Properties, Inc., the developer of the Mallory Square project, and the City for utility work performed within the state riqht-of-way. The Mallory Square project is required to extend a water main in Southbound Federal Hiqhways near SE 3rd Street as a condition of site plan approval. The City is required to be the applicant on the Florida Department of Transportation utility permit application. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the hold harmless agreement. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- Mallory Square file: s/engadmin/tac/mallory square/Ag020502 .doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~-REGULAR MEETING OF FEBRUARY 5~ 2002 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST FEBRUARY 1, 2002 This is before the Commission for approval of four (4) subsidy awards to eligible applicants/families under the Delray Beach Renaissance Program for the following properties: $22,500 for 227 NW 5* Avenue · $17,1 O0 for NW 12th Avenue · $23,250 for NW 8th Avenue · $20,187 for 308 SW 2nd Street Three (3) are for new construction and one (1) for acquisition rehabilitation. These four (4) subsidies bring the total to 138-homeowner assistance grants provided under the City Renaissance Program. Funding for the total amount of $83,037.00 for these four (4) subsidy awards is available from 118-1924-554-83.01 (SHIP Program). Recommend approval of the funding subsidies under Delray Beach Renaissance Program as outlined above. S:XCity ClerkXehevelle folderXagenda memosXRenaissance Program.02 05.02 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Kenneth L. Thomas, Community Development Administ~I~~-~ Lula Butler, Community Improvement Director ~ January 29, 2002 Delray Beach Renaissance Program Subsidy Requests ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue subsidies to four (4) eligible applicants/families under the Delray Beach Renaissance Program. This subsidy brings the total to 138 homeownership assistance grants provided under the city Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all partners and the City Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATION Staff is recommending City Commission approval to fund applicants/families of the following properties: New Construction New Construction New Construction Acquisition Rehabilitation 227 NW 5th Avenue xxx NW 12th Avenue xxx NW 8th Avenue 308 SW 2nd Street subsidies for four (4) eligible $22,500 $17,100 $23,250 $20,187 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 67 NAME James White PROPERTY ADDRESS: 227 NW 5m Avenue, Delray Beach (12-43-46-16-01-026-0210) LEGAL DESCRPTION: The South 50 Feet of the North 315 Feet of the West 135 Feet, Block 26 according to the plat recorded in Plat Book 1, Page 3, recorded in the public records of Palm Beach County, Florida; said land situate, lying and being in Palm Beach County, Florida % OF AREA MEDIAN HOUSEHOLD INCOME 58% NO. IN HOUSEHOLD 5 FIRST MORTGAGE RATE 6.875 % LTV 88.21% PROJECT/SUBSIDY BREAKDOWN COST OF CONSTRUCTION COST OF LOT NON- PROFIT DEVELOPER'S FEE Estimated Pre-paids (Lender 1003) Estimated Closing Costs (Lender 1003) TOTAL TRANSACTION: FIRST MORTGAGE TOTAL SUBSIDY Second Mortgage $19,500.00 Developer's Fee $ 3,000.00 OTHER CREDITS 95,000 $ 3,000.00 _$ 1,756.66 $ 7,188.65 $106~94S.31 $81,550.00 $22,500.00 $ 1,500.00_ $ 330.00 (includes cost of lot) Bank Atlantic City of Delray Beach SHIP Cash Deposit Appliance Credit Estimated Cash To/From Borrower (Lender 1003) $ 1,065.31 I CA RE CENTER 4TH ST 3RD MARTIN LUTHER KIN N W 1ST CITY OF DELRAY BEACH, FL PLANNING & ZONINGDEPARTMENT BO Y SCOUT HUT TRINITY LUTHERAN LAKE IDA ROAD CA SON ME THODIS T CHURCH CITY ATTORNEY BUILDING DRIVE N W 2ND ST ST FIRE STATION NO 1 ATLANTIC CITY HALL TENNIS S TA DIUM COMMUNITY CENTER w ST AVENUE ir lt 1ri Itl 227 NW 5TH AVENUE 12-43-46-16-01-026-0210 -- DIG, Il'AL ,~,4SE MAP SYSTEM -- MAP REF LM582 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 67 NAME Essie Mosley PROPERTY ADDRESS: xxx NW 12m Avenue, Delray Beach (12-43-46-17-42-006-0241) LEGAL DESCRIPTION: The West 135 Ct (less the North 80 fl, the South 200 ft and the West .2..5 Ct) and the South 50 Ct of the North 180 ft of the East 15 Ct of the West 150 fl of the south half (S. ½) of the north half(N. ½) of Lot 6, Section 17, Township 45 South, Range 43 East, According to the Plat thereof as recorded in Plat Book 1, page 4 of the Public Records of Palm Beach County~ Florida % OF AREA MEDIAN HOUSEHOLD INCOME 75% NO. IN HOUSEHOLD 3 FIRST MORTGAGE RATE 6.25% LTV 87.89% PROJECT/SUBSIDY BREAKDOWN COST OF CONSTRUCTION COST OF LOT NON- PROFIT DEVELOPER'S FEE Estimated Pre-paids (Lender 1003) Estimated Closing Costs (Lender 1003) TOTAL TRANSACTION: FIRST MORTGAGE TOTAL SUBSIDY Second Mortgage $14,100.00__ Developer's Fee $ 3,000.00 THIRD MORTGAGE OTHER CREDITS Estimated Cash To/From Borrower (Lender 1003) $ 98,500.00 $ 13,000.00 $ 3,000.00 $ $ 4,634.00 $ 119~134.00 $ 98,000.00 $ 17,1oo.o0 $ $ 500.OO $ 3,534.00 Community Financing Consortium C~ty of Delray Beach SHIP Lot Deposat l N W 3RD P OMPE Y PARK GA TEWA Y MINI PARKS NW 2ND ST MARTIN LUTHER KIN NW 1ST $ D SPADY ELEMENTARY SCHOOL ATLANTIC 3RD DRIVE ST AVEN N CITY OFD~'LRAY BEACH. FL PLANNING &ZONINGDEPARTMENT NW 12TH AVENUE 12-43-46-17-42-006-0241 -- D/GEl'AL B4SE ~ SYEI'£M -- MAP R£F LM584 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 67 NAME Kenneth Lewis PROPERTY ADDRESS: xxx NW 8th Avenue, Delra¥ Beach (12-63-66-16-01-002-0120) LEGAL DESCRPTION: North 50 Feet of South 285 feet of West 135 feet, of Lot 1 Block 2 in the Public Records of Palm Beach County, Florida 33444 % OF AREA MEDIAN HOUSEHOLD INCOME 49% NO. IN HOUSEHOLD 4 FIRST MORTGAGE RATE 6.705 % LTV 80% PROJECT/SUBSIDY BREAKDOWN COST OF CONSTRUCTION COST OF LOT NON- PROFIT DEVELOPER'S FEE Estimated Pre-paids (Lender 1003) Estimated Closing Costs (Lender 1003) TOTAL TRANSACTION: FIRST MORTGAGE TOTAL SUBSIDY Second Mortgage $ 20,250.00_ _ Developer's Fee $ 3,000.00 THIRD MORTGAGE OTHER CREDITS Estimated Cash To/From Borrower (Lender 1003) $ 83,000_ $ 15,000_ $ 3,000.00 $ 2,031.13_ $104~270.28 $ 78,250.00 $23,250.00 $ 2,770.28 Northern Trust Bank City of Delray Beach SHIP N ~ NW 8TH AVENUE OTY OF DELRAY BEACH, ~L PLANNtNG ~ ZO~G DEPARTMENT PC~ 1~3~6-16--01-00C-01~0 ~. N W 3RD TERR I ' I ' i FIRE STATION NO DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION NO CENSUS TRACT 67.00 NAME Johnny Fegruson PROPERTY ADDRESS LEGAL DESCRPTION Beach, Florida 308 SW 2nd Street, Delray Beach ( 12-43-46-17-07-039-0030) Resub of ½ of Block 38 and north ½ of Block 39, Lot 3, Delray % OF AREA MEDIAN HOUSEHOLD INCOME 45% FIRST MORTGAGE RATE 7.0% LTV 73.83% NO. IN HOUSEHOLD 1__ PROJECT/SUBSIDY BREAKDOWN COST OF CONSTRUCTION COST OF LOT COST OF EXISTING UNIT NON-PROFIT DEVELOPER'S FEE Estimated Pre-paids (Lender 1003) Estimated Closing Costs (Lender 1003) TOTAL TRANSACTION: FIRST MORTGAGE TOTAL SUBSIDY Second Mortgage $ 17,187.00 Developer's Fee $ 3,000.00 THIRD MORTGAGE OTHER CREDITS Estimated Cash To/From Borrower (Lender 1003) $ N/A $ N/A $ 60,000.00 3,000.00 1,438.00 2,906.65 67,344.65 44.300.00 $ 20.187.00 $ 330.00 $ 2,527.65 (Seller prod for cost ofrehab.) Bank Atlantic C~W of Delray Beach SHIP Deposit (POC) ATLANTIC S.W SW 1ST S.W 3RD AVENUE POLICE COMPLEX SOU TH COUNTY COURT HOUSE ~ 2ND MERRI TT PARK S W 1ST ST Z PLANNING & ZONING DEPARTMENT N CITY OF DELRAY BEACH, FL 308 SW 2ND STREET 1 --43-4_-1 ~ -0 ~ -039-0030 -- OIGIITAL BASE It,tAP SYST£11~I MAP REF LM581 AGENDA REQUEST Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda ~ Consent Agenda Date: January 29, 2002 When: February 5, 2002 Description of item (who, what, where, how much): Authorization and approval to issue subsidies to four (4) eligible applicants under the Delray Beach Renaissance Program totaling $83,037.00 Note: These applicants bring the total homeownership assistance grants provided under the Renaissance Program to date to 138. ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of four (4) subsidy awards. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total: $ 83,037.00 Account Number: 118-1924-554-83.01 Department Head Signature: ~ ~ City Attomey Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available : ~O% lt~0'7~ Funding Alternatives: (if applicabl.e) Account No. & Description: \~j~,~"/~-~S~- ~,0 ~ ~'~3~ ~ ~,~ &' ~ d Account Balance: ~ igO~ q-61 .~ City Manager Review: Approved for agenda:~O~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: DAVID T. HARDEN, CITY MANAGER ~ROBERT A BARCINSKI, ASSISTANT CITY MANAGER AGENDA ITEM ~/L"_ REGULAR MEETING OF FEBRUARY 5, 2002 NAMING RIGHTS - TENNIS FACILITIES FEBRUARY 1, 2002 ACTION City Commission is requested to authorize staff to negotiate a contract with The Superlative Group, Inc. for consulting services for naming rights for the Tennis facilities. BACKGROUND This item was discussed with Commission at your September 11, 2001 workshop. Due to the terrorist attacks on the World Trade Center and the uncertain econormc outlook, action on this item was delayed. Staff was requested to wait until after the first of the year to bring this item back for consideration. Staff feels that economic conditions are slowly improving and that we should at tins time try to negotiate a contract with The Superlative Group, Inc. for consulting services for naming rights. A final contract would be brought back to City Commission for approval. I have attached the back up reviewed by Commissioners at your September 11, 2001 meeting as well as addinonal informauon that was requested. RECOMMENDATION Staff recommends approval of staff recommendation to Superlative Group, Inc. for naming rights consulting services. negotiate a contract with The RAB/kms Cc: Brahm Dubin ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: David T. Harden, City Manager .~Robert A. Barcinski, Assistant City Manager Agenda Item City Commission Workshop Meeting October 9, 2001 Request for Proposals Naming Rights/Philanthropic Donation - Tennis Facilities DATE: October 2, 2001 City Commission reviewed this item at the September 11th workshop. Due to the terrorist attacks and concern about the econ6my, commission requested that this item be placed on the October workshop agenda. I hav6 confirmed with the staff recommended company that the cost for the service is as follows: base fee $30,000, which includes research, value assessment, and development of potential client list and marketing materials. The balance of their fee would be based on a percentage of naming rights revenue. If we want to have them service and manage the account after an agreement is reached with a potential client, there would be an additional cost. It has been staff's intent that we would manage and service the account ourselves. In addition all proposers were made aware through the RFP all qualifiers based on current contracts for events as well as our previous agreement with Flight Media (see attached). Naming rights revenue is a component of our agreement with Match Point, Inc. for the International Tennis Championship. Per terms of the contract Match Point would be entitled to 50% of the naming rights revenue and an additional 15% if they sell the naming rights for the 2003 through 2008 event. Our base monthly payment to Match Point, Inc. ends March 1, 2002. Payment to Match Point for the 2002 event is $250,000. In my opinion the continuation of this event would be crucial to the selling of the naming rights. Attached is the agenda memo and back up from the September 11th workshop. RAB/tas File:u'sweeney/agenda Doc-Naming Rights Philanthropic Donations Tenms Facilities RFP//2001-34 REQUEST FOR PROPOSAL CONSULTING SERVICES FOR NAMING RIGHTS AND/OR PHILANTROPIC DONATIONS FOR THE TENNIS CENTER AND STADIUM 1.1 1.2 1.3 General Proposal Information Purpose of the Proposal The City, a municipal corporation of the State of Florida, is seeking the services of a qualified and experienced proposer. The solicitation of naming rights and/or philanthropic contributions, which may be a firm, corporation, partnership, individual, joint venture, or other legal entity, in the solicitation of naming rights and/or philanthropic donations for the Tennis Center and Stadium. Goal The goal is to provide the City with additional revenue to offset the net costs associated with the operation of the Tennis Center and Stadium. Background and Marketing Information A) Facilities The City of Delray Beach Tennis Center and Stadium is located on Atlantic Avenue approximately ½ mile east of 1-95. The Center consists of fourteen (14) clay courts, six (6) hard courts, clubhouse, and restroom facilities The Tennis Stadium court surface is a hard court and has permanent seating capacity of 8,200 of which 1,272 are box seats and 1,906 club seats. The stadium also includes a TV booth area and VIP seating area. One ticket plaza with four (4) ticket windows is located outside the perimeter of the Tennis Center with a link to Ticket Master. Approximately 27,000 cars pass by the site on a daily basis. B) Events The City currently by contract hosts three (3) major events, approximately eight (8) USTA amateur events, and other local events at the site. A summary of the major events is as follows: 1) International Tennis Championships (formally the Citrix) This event is an ATP International Tennis Event, held in early March sponsored by Match Point, Inc. It is a nine (9) day event consisting of 2 c) o 2) thirty-two (32) singles matches and sixteen (16) doubles matches. event is televised worldwide both live and tape delayed. · Prize money $400,000 · Attendance 2001 approximately 40,000 · Average household Income $156,000 · Contract term _ Through 2008 The Chris Evert Pro - Celebrity Tennis Classic This is a two (2) day event held in early December sponsored by Chris Evert Charities, Inc. for the purpose of raising funds for the South County Drug Abuse Foundation. The event features Chris Evert and other tennis professionals and celebrities in exhibition doubles matches. · Attendance 2000 approximately 6,000 · Contract annual 3) Owl Foundation Tennis Challenge This is a one (1) day exhibition event sponsored by the Owl Foundation, Inc. Funds raised from this event provide at risk youth with equal access to remedied education assistance. The event consists of two (2) singles matches and one (1) singles match featuring Venus and Serena Williams, as well as, a tennis clinic for youth · Attendance 2001 approximately 4,000 · Contract 2001 through 2003 Naming Rights Qualifiers The City currently has five contracts with provisions that may impact City revenues from the sale of naming rights as follows: Matchpoint, for the 2003-2008 events, has the right to 50% of the income from the sale of naming rights. The City retains all income from sale of naming rights by Matchpoint or City through 2002 except for a 15% fee to Matchpoint if Matchpoint sell the naming rights. Flight Media's contract gave the exclusive right to procure naming rights expired March 31, 2002. However, any contract entered into through March 2003 with Southwestern Bell Communications, Inc. or subsidiary thereof or Sun America Companies entitles Flight Media to 10% of the gross amount of revenue the City receives from the sale of naming rights. Chris Evert Charities contract expires each year and expired December 2000. However, any future contracts need to be modified from the previous years' agreements that allowed them to cover all logos/trademarks may be covered. Owl Foundation- The term of the agreement continues until the conclusion of the 2003 event. This contract also provides that all logos/trademarks may be covered. Coca Cola contract - The term of the agreement continues until May 2, 2003 (Coca Cola has exclusive pouring rights except for twelve black out days annually). This provision would not reasonably permit Pepsi to serve as a naming rights sponsor during this period. 1.4 1.5 1.6 1.7 RFP Process Milestones The anticipated schedule for this RFP and subsequent contract is as follows. tentative and subject to change. All dates are · RFP available for distribution · Due date for questions · Proposal due date -' · Evaluation period · Recommendation to City Manager · City Commission approval · Project start June 10, 2001 June 29, 2001 July 11,200I July 12-31, 2001 August 1, 2001 August 7, 2001 within 30 days of approval RFP Evaluation Process The City will establish a selection committee for the purpose of reviewing proposals, conducting interviews with Proposers and in submitting a recommendation for contract award to the City Manager. Proposals will be evaluated based on the following criteria · Proposers experience and professional qualifications 25% · Approach to project and strategy 35% · Financial business stability information 20% · Price of services 20% The solicitation committee will rate each category on a scale of 1 to 5 (five being the highest ranking) and rank the proposals. The selection committee will interview at least three (3) of the proposals. A~vard of Contract Final contract award will be made by City Commission to the Proposer whose proposal is determined to be the most advantageous to the City, taking into consideration the criteria set forth in the RFP. Standard form contract as per Appendix "A" will be utilized. Scope of Services The City of Delray Beach is interested in contracting with a qualified and experienced Consultant to procure a sponsor for the naming rights or philanthropic donations of the Tennis Center and Stadium. Services to be provided shall include research, valuation, selling, contract development, presentation of written report(s) of findings and recommendations to the City Commission for consideration of approval, and contract negotiation. Specific services shall include, but not limited to, the following: 1. Estimate annual value of naming rights of the Tennis Center and Stadium. 2. Present documentation to support estimated value. 3. Identify the various issues associated with the procurement of a sponsor. 4. Evaluate and recommend how the Tennis Center and Stadium can improve its value. 5. Identify best categories that should be marketed for naming rights. 4 Present proposed milestone strategy for securing the best proposal for naming rights or philanthropic donations. Identify and solicit firms willing to serve as a sponsor and determine the fee they are willing to pay the City. Develop detailed final report of research, findings, and recommendations for naming rights or philanthropic donations of the Tennis Center and Stadium, and provide the City of Delray Beach vcith five (5) bound copies of the same as specified by the City. Make presentations as directed by the City of Delray Beach as may be required. Negotiate contract with sponsor for the sale of the naming rights or philanthropic donations of the Tennis Center and Stadium. Successful Proposer is expected to meet the following milestones for deliverables. Payment of fees to be based on accomplishments of the deliverables. Activity · Report and Recommendation to City of Delray Beach of potential sponsor(s) Value, strategy and milestones Deliverables 45 days after date of Contract · Solicit potential sponsors 45 to 180 days after date of Contract · Final proposed Contract with sponsor prior to end of Contract 5 DELRAY BEACH ~ 105 t, W Is' ~VENUE NI-Amerlca City 1993 2oo~ TO: FROM: David T. Harden City Manager f~Robert A. Barcinski Assistant City Manager DE L ~,~'~ B-ACH DATE: September 7, 2001 SUBJECT: Agenda Item City Commission Workshop Meeting September 11, 2001 Request for Proposals Naming Rights/Philanthropic Donation - Tennis Facilities This item has been placed on the workshop to report on the status of this project and to obtain City Commission direction as how they wish to proceed. A request for proposals for consulting services for naming rights or philanthropic donations for the Tennis Center and Stadium was advertised on June 10, 2001. On July 11,2001 four (4) proposals were received. A review and evaluation committee was established consisting of Becky O'Connor, Ken Rubin, Mark Barron, Brahm Dubin, and myself. Committee members reviewed the proposals individually and two (2) group meetings were held, as well as, telephone interviews with each firm. Firms were evaluated per the request for proposals based on the following criteria on a scale of 1 to 5 with 5 being the highest grade. ~' Experience and qualifications (25%) ~' Approach to project and strategy (35%) ~' Financial stability (20%) ~ Cost of services.(20%) The final group ranking of firms was as follows: 1. The Superlative Group, Inc. 17.65 points 2. IEG, Inc. 13.8 points 3. Innovative Marketing Group, Inc. 11.2 points 4. Sports Marketing Group, Inc. 7.95 pints A summary of the evaluation form is attached. $:' 2.:7 -[7?' r=:-D--'-.LT,'- S [fl--YE=`_ In general, none of the firms submitted, in our view adequate information to judge their financial stability. An overall summary of a consensus view of each firm is as follows: The Superlative Group~ Inc. - The Committee felt this company had the best overall experience and approach '~o the project. The firm exhibited a very good balance between their ability to value the facilities, develop a strategic marketing plan and sell the naming rights. They have experience in the sports marketing area and will have an office in South Florida. We felt that it was a positive that they have recently been contracted with Miami Dade County. We also felt their pricing proposal was reasonable as compared to other proposers. IEG, Inc. The strength of this company is their research and strategic planning element. They are the leaders in the country in data development and in developing a strategic plan. Their sales partner, however, is entirely based in Canada with no experience in the US. They also indicated that they would do their sales contacts by telephone and would only spend a few days in the area. Their price proposal was also very high and included a large guaranteed up front cost. Innovative Marketing Group, Inc. Interviewed well. Displayed less experience than the recommended firm. Strength was in dex;eloping a strategic plan. Sponsorship consulting experience was not as recent as other firms. " Sports Marketing Consultants, Inc. Small firm with no experience in marketing facilities. Their experience is primarily in marketing athletes. The committee did not feel their proposal in terms of experience or strategy was as strong as other proposals submitted. I've attached excerpts from each of the proposals which includes an executive summary, approach to the project, related project information and pricing information. If Commission concurs with the Committees recommendation this item would be placed on next week's agenda directing staff to negotiate a contract with top ranked finn. RAB/tas File: u:sweeney/agenda Doc:naming rights for tennis center and stadium ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: David T. Harden, C~ty Manager ~Robert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item City Commission Meeting February 5, 2002 Special Event - Grand Opening Old School Square Pavilion DATE: January 29, 2002 Action City Commission is requested to endorse the Grand Opening event for the Old School Square Pavilion to be held on February 14, 2002 from 7:00 p.m. until 10:00 p.m. and to approve staff support for security and traffic control, EMS services on site, trash removal and clean up, event signage and the use of barricades, with a waiver of all overtime costs. Back. round Attached is a request received from Old School Square for staff support for the Grand Opening of their pavilion. This will be a free event. I have also attached a copy of the press release for activities that will be taking place at Old School Square between February 14' and 17*. Old School Square is requesting staff assistance for the opening with a waiver of the overtime. Estimated overtime costs for the event are $2,450. In addition the Police Department is recommending the hiring of two (2) private security guards for the stage area for a cost of approximately $150. This is an addinonal event. Since this is the g/and opening of the pavilion and is a community wide event we are recommending approval of the event. Recommendation Staff recommends endorsement of the Grand Opening of the Pavilion event at Old School Square on February 14, 2002 and approval of staff support with the waiver of overtime costs. Recommended Old School Square pay the private security costs. RAB/tas Cc: Joe Gillie City Clerk File'u.sweeney/agenda Doc Special Event Grand Opening Old School Square Pawhon .A Old School C U L T IJ R A L ARTS CENTER Old School Square, Inc. 51 North Swinton Ave. Delray Beach, Florida 33444 Phone (561) 243-7922 Fax (561) 243-7018 January29,2002 · -,,a/VA Q ~/~ Robert Barcinski, Assistant City Manager City of Delray Beach 100 NWI st Avenue Delray Beach, FL 33444 Re: Old School Square Entertainment Pavilion Revised request - Event schedule Dear Bob: Old School Square is planning the grand opening of the OSS Entertainment Pavilion on Thursday, February 14, 2002, with events to follow throughout the weekend through Sunday, February 17, 2002. The opening concert on Thursday, February 14, will be free and open to the community. Attendance is expected to be about 3,000; food and beverages will be provided during the evening. Thursday's schedule of events is as follows: February 14, 2002 - Grand Opening 7:00pm - opening by school band: National Anthem and of colors 7:15pm - introduction of dignitaries; ribbon cutting 7:30pm - FAU Jazz Band/Jazz Ensemble 8:30pm - Joe Gillie presentation 9:00pm - The Marshall Tucker Band 10:30pm - concert ends presentation We are requesting the following assistance from the City: waiver of alcohol ordinance on Thursday, February 14 to allow consumption of alcohol (beer) on Old School Square grounds only police and fire/ems assistance as required for the estimated attendance · assistance with clean up and maintenance from Parks & Recreation (to include trash boxes and liners to remain through Sunday) · event signage - traffic/directional signs for parking at City Hall, Cason Cottage, CRA lot to east of OSS, and CRA lot to west of OSS · event signage - announcements signs at West Atlantic Ave, Linton Blvd., north and southbound Federal Highways (see attached) · permission to place two generator lights in City Hall parking lot and on NW 1st Avenue between Swinton Avenue and NW 1st Street (OSS will provide lights) · waiver of noise ordinance if necessary until 10:45pm The schedule of events for the remainder of the weekend is as follows: Friday, February 15, 2002 - 11:00am-2:00pm Old School Square Open House and Entertainment Pavilion Tours. Hot dogs and sodas will be served from the concession area 5:00pm-7:30pm - Gathering of Kuumba, opening reception, artist showcase and sale - Crest Theatre building 7:30pm - Roots Classical Series, Crest Theatre estimated attendance for days events: no more than 150 at one time requested services: none Saturday, February 16, 2002 - 10:00am - 10:00pm -Gathering of Kuumba, artist showcase and sale 8:00pm - 11:00pm- The Spinners - Celebrate the Soul of Delray, OSS Entertainment Pavilion estimated attendance: 1,000 requested services: none other than previously requested by Delray Merchants Association, Celebrate the Soul of Delray Sunday, February 17, 2002 - 12:00pm - 5:00pm - Gathering of Kuumba, artist showcase and sale 4:00pm - 5:30pm - Youth Orchestra of Palm Beach County in concert, OSS Entertainment Pavilion estimated attendance: 300 requested services: Parks & Recreation maintenance Please let me know if there are any additional requirements we need to comply with, or if you need additional information. Thank you very much for your consideration. Sinc~er~Jy, eD~ie~~~r~o fr~enter Services pm enclosed cc: Harold Bellinger, Public Works (announcement sign attachment) School Square C U L T U · A L ARTS CENTER January 25, 2002 FOR IMMEDIATE RELEASE Contact: Melissa Carter, Director of Marketing/Public Relations. Old School Square, (561) 243-7922, ext. 322 51 N. Swinton Ave. Delray Beach OLD SCHOOL SQUARE ANNOUNCES TI:W~ GRAND OPENING OF TgYE NEW ENTERTAINMENT PAVILION DELRAY BEACH - It's t~me for celebration as Old School Square enters a new era as the community's gathering place. The Old School Square Entertainment Pavilion will officmlly open on Valentine's Day at 7 p.m. with a ribbon cutting ceremony followed by a fabulous FREE concert w/th southern rock legends, The Marshall Tucker Band (9 p.m.). Opemng for Marshall Tucker will be the Florida Atlantic University (FAU) Jazz Band, featunng noted drummer Duffy Jackson, and the FAU Vocal Jazz Ensemble, Everyone ~s invited to bnng blankets and lawn chan-s. Plenty of food and beverages will b.e available for purchase. From their first LP m 1973, to their powerful stage presence to day, The Marshall Tucker Band (MTB) has played countless concert venues around the world. After nearly 30 years, their songs continue to be played on classic rock and country radio stanons. They have influenced major country acts like Alabama, The Kentucky Headhunters, Confederate Railroad and Travis Tritt with their definitive blend of rock, rhythm & blues, jazz. country and gospel. Lead s~nger and founding member Doug Gray states, "The buying public never really cared whether we were country or rock and roll. They called us a Southern rock band, but we have always played everything from country to blues and all things in- between. We're still playing all of the classic songs, but we are moving ahead into other styles as well." The MTB ongmated ~n Spartanburg, S.C. and s~gned wnth Capricorn Records (noted for grading the Allman Brothers Band, Wet Wilhe and others to nanonal fame) ~n 1972. The MTB opened shows for The Allman Brothers ~n 1973 and began to headline their own shows in 1974. Hit singles like "Heard it in a Page 1 of 4 Love Song," "Fire On The Mountain," "Can't You See," and "Take the Highway" earned the band seven gold and three platinum albums wbale they were with Capricorn Records. Dunng the 90's the band scored four bat s~ngles on Billboard's country chart and one on the gospel chart. Their music has also been featured on the soundtracks ofmomes such as Smokey and the Bandit, The Pursuit of D B. Cooper, and Shipwrecked. Their most recent CD, Gospel, was released m 1999. The Marshall Tucker Band features Doug Gray (lead vocals), Tony Heatherly (bass guitar), Rusty Milner (gmtars), Chris Hicks (guitm/s), Smart Swanlund (shde guitar), B.B. Borden (drums) and Clay Cook (keyboards, saxophone & time, vocals). The FAU Jazz Band will perform under the direction ofNeal Bonsanti, principal saxophonist for the Palm Beach Pops and on faculty at FAU. The Vocal jazz ensemble will perform under the direction of Dr. Patricia P. Fle~tas, Director of Vocal and Choral Studies for the university. Duffy Jackson, FAU Eminent Scholar in the Department of Music, is an international performing and recording artist/ drummer He has performed with dozens of jazz and swing 'greats,' including Count Base, Duke Ellington, Buddy Rich, Arfie Shaw, Frank Sinatra, and Lena Home. On stage, wnth his 'Duffy Jackson and Friends' sextet, Duffy is the consummate musician. Joining Duff3' will be his musician 'friends, ' Jim Hayward on sax and alto sax; John Mikalak, sax and flute; Mark Marineau on piano; Rich Doll, bass; Jason Carder on trumpet and of course the legendary Duffy Jackson on drums. The February 14th Pavilion Grand Opening kicks off an entire weekend of music and art at Old School Square: · A premiere exhibit of"larger-than-life" stone sculptures by Zimbabwe's leading sculptor, Dominic Benhura, will open the new Cornell Museum Sculpture Garden. Appropriately named "Awuya Wuya" (welcome), this exlublt is presented in parmership with Native Accents Gallery of Delray Beach and will be on display through March 31, 2002. [For more information on Benhura see separate press release or visit www. nativeaccents, com. ] · Friday, February 15m, 11 a.m.-2 p.m. - "Pavilion Tours and Lunch." Tour the new Pavilion facilities and enjoy hot dogs and beverages on the lawn. Page 2 of 4 Friday, February 15th, 7:00 p.m.- Roots Classical Series: A Celebration of Youth in the Arts, Crest Theater. · Friday, Saturday & Sunday, February 15, 16 & 17 - "A Gathenng of Kuumba (Creativity)." An artist showcase and sale featuring multi-media works by Anthony Burks, Barbara Chieves, Daphne Dowell, Gary Mabour, Henry Pelissier, Terris Collins, Sharon Jones, Louis Rosemond, Freeman Gregory, Klm McKinney and others. Fri. 7-10 p.m., Sat. noon-10 p.m. and Sun. noon-5 p.m. Free admission. · Saturday, February 16th - The 2na annual "Celebrate the Soul of Delray," presented by the Delray Merchants Association. This food, culture and entertainment festival takes place'along Atlantic Avenue from Swinton to NW 3Td Ave. from 10 a.m.-10 p.m. Headlining the evening will be 70's soul group The Spinners in concert at the Pavilion, 9 p.m. FREE. · Sunday, Feb. 17th, 4 p.m. - The Youth Orchestra of Palm Beach County will present a Community Concert at the Pavilion. FREE. The entertainment pavilion represents Phase I of a ten-year Master Plan for Old School Square, which also includes a concession building with event restrooms, sculpture pads for the Cornell Museum Sculpture Garden, and beautiful loggias connecting the buildings. Funding for Phase I includes $500,000 from a Palm Beach County Recreational Facilities Bond Issue, a $100,000 commitment from the City of Delray Beach (toward the restroom facilities), and a portion of a $1.4 million bequest from the estate of long-time supporter Lettle McNeill. The total construction budget was $1,550,000. Old School Square's print media partner for the Entertainment Pavilion is the Palm Beach Post, who is also the presenting sponsor for the Grand Opening. Old School Square is a National Historic Site and Florida Cultural Institution restored from its historic roots as Delray Elementary (c. 1913) and Delray High School (c. 1925). The facilities house the Cornell Museum of Art & History and Crest Theatre, where world-class exhibits, performances and education programs continue to enrich the greater Delray Beach community and South Florida. The Crest Page 3 of 4 classrooms, Ocean Breeze Room, Vmtage Gymnasium (c. 1926) and grounds provide year-round meeting, workshop, reception, and event space to groups throughout the tri-county area. Old School Square is located on the comer of Atlantic and Swmton Avenues. For information on programs, exhibits, classes or famliW rentals, call 561-243-7922 or visit w~vw oldschool.or~. Page 4 of 4 DELRAY BEACH Memorandum Nl-.Nmim git~ Horticulturist 2001 TO: THROUGH: FROM: RE: DATE: DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT NANCY DAVILA, HORTICULTURIST ~ CITY COMMISSION AGENDA REQUEST LAKE IDA ROAD FINANCIAL ASSISTANCE AGREEMENT JANUARY 22, 2002 ITEM BEFORE THE COMMISSION The item before the Commission is the consideration of the Financial Assistance Agreement with the Palm Beach County Board of County Commissioners, for landscaping on Lake Ida Road. BACKGROUND In September 2001, the City applied for grant funding through the Palm Beach County Board of County Commissioners to help offset irrigation and landscape costs for a portion of Lake Ida Road, between Congress Avenue and Military Trail. The City was recently notified that the funding request was approved in the amount requested, of $46,551.00, which represents half the cost of the project, which is the maximum allowed. In order for the City to move forward and submit final drawings to the County for permits, the City must execute and return to the Office of the County Engineer, two original copies of the Financial Assistance Agreement. STAFF RECOMMENDATION Staff recommends the City Commission give favorable consideration to the Financial Assistance Agreement with the Palm Beach County Board of County Commissioners, which will allow the City to be reimbursed $46,551.00 upon completion and acceptance of the project. Depa~ment of Engineering and Public Works PO Box 21229 West Palm Beach, FL 334! 6-1229 (561) 684-4000 www pbcgov corn Palm Beach County Board of County Commissioners Warren H Newell, Chmrman Carol A Roberts, V~ce Chair l~aren T Marcus Mary McCarty Burr Aaronson Tony Masflotti Addie L, Greene County Administrator Robert Welsrnan 'An Equal Opportumty Affirmanve Act~o~ Employer January 14, 2002 Ms. Nancy Davilla, City Horticulturist City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 RE: Financial Assistance Agreement for Landscaping on Lake Ida Road from Military Trail to Congress Avenue Beautification. Dear Ms. Davilla: The Board of County Commissioners has allocated County Beautification funds to the City of Delray Beach in an amount up to $46,551.00 eligible (or 50% of the installation costs) for Lake Ida Road Beautification. Enclosed are two originals of the financial assistance Agreement which provide the terms under which reimbursement can occur. Please have both originals executed by the Mayor or other official designated by the City Council and then return both originals to me so this item can go before the County Commission for final execution. Following that approval and the signature of the Chairman, I will return one fully executed original to you for your records. Your efforts to enhance the quality of life in Palm Beach County are appreciated. If you have any questions, please contact me or Jason Weber at 684-4100. Sincerely, NGINEER "Andrew S. Hertel, AICP Manager- Streetscape Section ASH:JTW: Attachments: Two original copies of the Beautification Agreement pc: G. Haney Frakes, Jr., P.E. Assistant County Engineer Marlene Everitt, Assistant County Attorney Richard Farquhar, Administrative Services Division File: Roads- Lake Ida Road General- Landscaping Municipalities - City of Delray Beach F ~TVV~KPBCB01-02~AGR-LTR DELRAYBCH LKIDA (PHIl) WPD 7 9 'ID :11 12 'ia. 22 2:3 25 26 CITY OF DELRAY BEACH LAKE IDA ROAD BEAUTIFICATION (PHASE II) FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF DELRAY BEACH LAKE IDA ROAD BEAUTIFICATION IMPROVEMENTS (PHASE II) THIS INTERLOCAL AGREEMENT, is made and entered into this __ day of ,2002, by and between the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida, hereinafter "CITY", and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY." WITNESSETH: WHEREAS, the CITY is undertaking the installation of beautification improvements, including, but not limited to, landscaping and irrigation, on the COUNTY's Lake Ida Road from Military Trail to Congress Avenue, hereinafter "IMPROVEMENTS"; and WHEREAS, the COUNTY believes that such efforts are in the best interest of the CITY and the COUNTY and therefore wishes to support those efforts by providing a reimbursement contribution for fifty percent (50%) of the cost of improvements, such contribution not to exceed a maximum of FORTY SiX THOUSAND FIVE HUNDRED FIFTY ONE and 00/100 DOLLARS ($46,551.00) to the CITY for the installation of the IMPROVEMENTS; and WHEREAS, during and after installation, the CITY will be responsible for the maintenance of the IMPROVEMENTS; and WHEREAS, the CITY and COUNTY now wish to enter into an agreement to provide for the CITY'S and the COUNTY'S obligations as set forth herein; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. The above recitations are true, correct, and are incorporated herein. 2. The COUNTY agrees to reimburse the CITY for 50% of the costs of the IMPROVEMENTS, not to exceed a maximum amount of FORTY SiX THOUSAND FIVE HUNDRED FIFTY ONE and 001100 DOLLARS ($46,551.00), whichever is less, of the cost for the initial installation, to be used exclusively for the IMPROVEMENTS. 2 6 '7 9 ~0 '19 2O 2'1 23 25 2'7 CITY OF DELRAY BEACH LAKE IDA ROAD BEAUTIFICATION (PHASE II) 3. The COUNTY agrees to pay the CITY the amount established in paragraph 2 above for costs associated with installation of the IMPROVEMENTS. This amount shall exclude any costs associated with permitting, design fees, other professional fees, construction administration, maintenance and hardscape improvements (curb, paver bricks, etc.). An exception is that reimbursable costs may include the maintenance costs for an establishment period not to exceed 180 days from the date of original installation. Where approved by the COUNTY, tree grates may also be considered as an eligible cost. 4. The COUNTY shall have no obligation to the CITY or any other entity or person in excess of the amount provided in paragraph 2. 5. The CITY agrees to assume all responsibility for design, obtaining all required permits, contract preparation, bidding, and contract administration for the IMPROVEMENTS, including payment(s) to contractor(s), pursuant to all applicable STATE and COUNTY laws and CITY regulations. The CITY agrees to install the IMPROVEMENTS substantially in accordance with the plans, specifications and costs as submitted in the September 2001 application package to Keep Palm Beach County Beautiful, Inc. The COUNTY will have final determination of the eligibility for reimbursement of any changes. Substantial variations from the submitted plans shall require prior written approval from the County Engineer's Office. The final permit drawings must be signed and sealed by a Florida Registered Landscape Architect experienced in roadway planting and familiar with the COUNTY'S Streetscape Standards Manual, and shall comply with COUNTY'S permitting requirements. 6. The CITY will obtain or provide all labor and materials necessary for the installation of the IMPROVEMENTS. The minimum requirement for plant stock is Florida Grade Number 1 or better, as per Florida Department of Aqriculture Consumer Services Grades and Standards for Nursery Plants (most current edition) and must be so specified on plans and specifications. This requirement is subject to inspection by a designee of the Assistant County Engineer. The COUNTYwill have 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 19 20 21 22 24 25 26 28 CITY OF DELRAY BEACH LAKE IDA ROAD BEAUTIFICATION (PHASE II) the final determination of eligibility for reimbursement in terms of this requirement i being met. The CITY shall furnish to the Assistant County Engineer of the COUNTY'S Department of Engineering and Public Works with a request for payment supported by the following: a. A statement from a Florida Registered Landscape Architect that the IMPROVEMENTS have been inspected and were installed substantially in accordance with the approved and/or permitted plans for the IMPROVEMENTS, and; b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and incorporated herein as Exhibit "A" (pages 1 and 2) which are required for each and every reimbursement requested by the CITY. Said information shall list each invoice payable by the CITY and shall include the vendor invoice number, invoice date, and the amount payable by the CITY. The CITY shall attach a copy of each vendor invoice paid by the CITY along with a copy of the respective check and shall make reference thereof to the applicable item listed on the Cohtractual Services Purchases Schedule Form. Further, the Program Administrator and the Program Financial Officer for the CITY shall also certify that each vendor invoice listed on the Contractual Services Purchases Schedule Form was paid by the CITY as indicated. 7. As it relates to this Agreement, the COUNTY may initiate a financial system analysis and/or internal fiscal control evaluation of the CITY by an independent auditing firm employed by the COUNTY or by the County Internal Audit Department at any time the COUNTY deems necessary. The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred for at least three (3) years after final payment by the COUNTY. 8. The CITY agrees to replace any failed or improper materials, with the appropriate required materials in order to maintain the IMPROVEMENTS in accordance with the approved and/or permitted plans and specifications or as 1 2 4 ? 9 11 12 13 14 15 16 17 19 20 21 22 23 24 26 27 28 29 CITY OF DELRAY BEACH LAKE IDA ROAD BEAUTIFICATION (PHASE II) required by the COUNTY due to changes in conditions. 9. The CITY agrees to be responsible for maintenance of the IMPROVEMENTS during and following the installation, including providing anywater and electricity necessary for irrigation, and shall be solely responsible for obtaining and complying with all necessary permits, approvals, and authorizations which are required for the maintenance of the IMPROVEMENTS. 10. All installation of these IMPROVEMENTS shall be completed and final invoices submitted to the COUNTY no later than June 30, 2003, and the COUNTY shall have no obligation to the CITY or any other entity or person for any cost incurred thereafter. Also, as stated in the application package, any work performed prior to the COUNTY'S allocation of these funds on December 4, 2001, is not considered eligible for reimbursement under this Agreement. 11. The CITY recognizes that it is an independent contractor, and not an agent or servant of the COUNTY or its Board of County Commissioners. The CITY agrees, to the extent permitted by law, to indemnify, save and hold harmless the COUNTY, its officers, employees, servants or agents and to defend said'persons from any such claims, liabilities, causes of action and judgements of any type whatsoever arising out of or relating to the procurement, installation, existence, or maintenance of the IMPROVEMENTS or any item which is the responsibility of the CITY as the above may relate to this Agreement. The CITY agrees to pay all costs, fees; and expenses incurred by the COUNTY, its officers, employees, servants or agents in connections with such claims, liabilities or suits except as may be incurred due to the negligence of the COUNTY as it relates to the funding which is the responsibility of the COUNTY pursuant to this Agreement. 12. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the CITY certifies that its affiliates, suppliers, sub-contractors, and consultants who perform work hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the 1 4 6 ? 9 lo 11 12 14 15 16 17 18 19 2o 21 23 24 26 27 28 29 CITY OF OELRAY BEACH LAKE IDA ROAD BEAUTIFICATION (PHASE II) date hereof. This notice is required by F.S. 287.133(3)(a). 13, The CITY shall, at all times during the term of this Agreement maintain in force its status as an insured municipal corporation. 14. The CITY shall require each contractor engaged by the CITY for work associated with this Agreement to maintain: a. Workers' Compensation coverage in accordance with Florida Statutes, and; b. Commercial General Liability coverage, including vehicle coverage, in combined single limits of not less than ONE MILLION AND 00/100 DOLLARS ($1,000,000.00). The COUNTY shall be included in the coverage as an additional insured. c. A payment and performance bond for the total amount of the improvements in accordance with Florida Statue 255.05. 15. In the event of termination, the CITY shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the contract by the CITY and the COUNTY may withhold any payment to the CITY for the purpose of set-off until such time as the exact amount of damages due the COUNTY is determined. In the event the CITY discontinues its maintenance obligation for the IMPROVEMENTS under this Agreement, it shall be the obligation of the CITY to restore, if necessary the area of the IMPROVEMENTS to a condition acceptable to the County Engineer, which shall be in accordance with applicable Federal, State and COUNTY standards, in the event the CITY fails to restore the area of the IMPROVEMENTS to a condition acceptable to the County Engineer, the COUNTY may undertake such restoration and the CITY shall be liable for the costs of such restoration. Also failure by the CITY to meet its obligations, including maintenance obligations under this agreement, shall result in the CITY, being required to re-pay the COUNTY its reimbursement contribution under this agreement. 16. The COUNTY and the CITY agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, martial status, sexual orientation, 1 2 3 4 5 $ '7 8 10 11 12 13 14 15 16 17 18 19 20 21 24 25 27 28 29 30 31 32 CITY OF DELRAY BEACH LAKE IDA ROAD BEAUTIFICATION (PHASE II) disability, or religion be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of the AgreemenL 17. In the event that any section, paragraph, sentence, clause or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 18. All notices required to be given addressed to: under this Agreement shall be COUNTY Manager, Streetscape Section Palm Beach County Department of Engineering and Public Works Post Office Box 2'1229 West Palm Beach, Florida 33416-'1229 CITY Nancy Davila, City Horticulturist City of Delray Beach 100 NW First Avenue Delray Beach, FL 33d~.~. 19. This Agreement will be governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy shall preclude any other or further exercise thereof. 20. Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of th is Agreement shall be borne bythe respective parties; provided, however, that this clause pertains only to the parties to the Agreement. 1 2 4 6 7 9 lO 11 12 13 14 15 16 17 19 22 23 24 25 26 27 29 CITY OF DELRAY BEACH LAKE IDA ROAD BEAUTIFICATION {PHASE II) 21. Except as expressly permitted herein to the contrary, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 22. Each party agrees to abide by all laws, orders, rules and regulations and :he CITY will comply with all applicable governmental landscaping codes and/or · equirements in the installation, maintenance and replacement of the IMPROVEMENTS. 23. The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party. Nothing contained herein shall be construed as a waiver, by either party, of the liability limits established in Section 768.28, Florida Statutes. 24. The CITY will promptly notify the COUNTY of any lawsuit- related complaint, claim, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. 25. The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, the party not in default shall provide to the defaulting party thirty (30) days written notice before exercising any of its rights. 26. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. 27. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. 28. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. 29. This Agreement shall take affect upon execution and the effective date shall be the date of execution. 7 10 11 12 13 14 16 17 18 19 2O CITY OF OELRAY BEACH LAKE IDA ROAD BEAUTIFICATION (PHASE II) IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the day first above written. PALM BEACH COUNTY, FLORIDA, BY CITY OF DELRAY BEACH, ITS BOARD OF COUNTY COMMISSIONERS BY ITS CITY COMMISSION 'By: By: WARREN H. NEWELL, CHAIRMAN MAYOR (COUNTY SEAL) (CITY SEAL) ATTEST: DOROTHY H. WILKEN, CLERK ATTEST: By: By: DEPUTY CLERK CITY CLERK By: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY ASSISTANT COUNTY ATTORNEY APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY By: APPROVED AS TO TERMS AND CONDITIONS F:~IEDIAN~JTW%KPBCB01.02~AG R-DELB CH_LKIDA(PH2).W PD Date: 1/30/02 Agenda Item No. <~ AGENDA REQUEST Agenda request to be placed on: X Regular __ Special ~ Workshop When: February 5, 2002 Description of Agenda Item: Lake Ida Road Financial Assistance Agreement - $46,551.00 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 Altematives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: ~/No ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: DAV~~D,~~ ~ANAGER PAUL DORLING, DIR~,~'I'OR OF PLANN~i~G AN?~ONING APPROVAL OF COMMUNITY SERVICE PROGRAM AGREEMENT WITH THE PALM BEACH COUNTY 15TM JUDICIAL CIRCUIT. ACTION REQUESTED OF THE COMMISSION The action requested of the Commission is approval of the Agency Application and Agency Agreement for participation in the Palm Beach County, 15th Judicial Circuit, Community Service Program. BACKGROUND This agreement will allow the Planning & Zoning Department to utilize people who have been sentenced to Community Services Hours for minor offenses, in the ongoing Dune Revegetation Program. Participants from this program will be supervised by Rob Barron, who is under contract by the City as a Beach Consultant. Intended responsibilities will include such tasks as: light landscaping (the planting of new beach vegetation and eradication of invasive species), hand watering of newly planted vegetation, litter pick-up, and miscellaneous labor projects. Participation in this program represents a cost saving opportunity, as previously these responsibilities were carried out utilizing day laborers, at a significant cost. In addition, Staff has indicated on the agency form and agreement that violent criminals and/or felons are not eligible for participation. In September of 2000, the Commission approved a similar request for the Parks and Recreation Department, who currently employs this program for litter pickup and miscellaneous labor jobs along the beach. The attached forms have been reviewed for legal sufficiency by the City Attorney's Office. RECOMMENDED ACTION By motion, approve the Agency Application and Agency Agreement for participation in the Palm Beach County, 15th Judicial Circuit, Community Service Program. Attachment: · Agency Application and Agency Agreement Palm I~each County Fifteenth Sudicial Circuit Community Service Program Agency Application Name of Agency: The City of Delray. Beac. h (c/o Pian. ning & Zoning Department) ('~.hi .~nu~t be thc full legal ~[amc of thc Agency,s i! app~a.-~ ~n i~ organizing instrum:nt) (hereinafier"Aooency"') Street Address: MailingAddress: lOO NW 1st Avenue (if different) _Delray Beach,-~11-33444 Telephone: . 561-2437.7048 Contact Person: Dan.Marfino \%~aen available: M-F, 8:00 A.M. Title: PRINCIPAL PLANNER Statement of Provide for the J current and long term planning for the City. purpose: Responsibilities include beach renourishment and dune revegetation projects. (Ple~e state the Agency's purpose) I I:tEP,.EBY CERTIFY TltAT TIJ~E AGENCY IS (CttECI{ ONE): or the United of America, or an agency or instrumentality thereo[ or the State of Fl any agency or politieal subdivision thereof} or o? IM 2. An organization created by (I) the Constitution of the United States'or of the Sm=. Florida, or the charter or other organizing instrument of any politicaPsubdivision t ifistrumentality as applicable of either, or CiI) an Act of Congress, the Florida Legi the legislative body of any political subdMsion or instrumentality of either, or ~ 3. An omaniz~tion described ~n the'Section 501(C) (3), Internal Revenue Code ofl-~ (as amended). - If th e'~A~ifi c_¢'eh_ioy~ SOl(C}' ('3.~ .~;c~ tu~[ please'attach n cop~. 9'f tbe'rn0,~ recent determination letter .iss!!ed by the. lnternalRevenue Service. Upon execution of this document, the Agenz_ cemifies that the favorable dete~-nination has not ben revoked and that no event h?.s occurred which could revocation of said determination. Please list a brief description of services needed: Hand wate.r n.ewly planted beach vegetation, light landscaping, litter .pick-up, general labor~ in an overall beach conservation project. Please list the day of the xveek and times community service workers can best be utilized by your agency: Weekdays: Monday- Friday Hour:9:00 A.M. - 5:00 P.M. Weekends: Saturday & Sunday Hours: 9:00 A.M. - 5:00 P.M~ Since many of our community service workers are employed, could evening and/or weekend days and times ' arranged? Yes, if pre-arranged x Absolutely not: Will your agency be in need ofcommunify service workers on a continual referral basis, or primarily for speci projects as they may arise? On a continual referral basis. ~RvlUIvI AGE ACCEPTED: 18 General Comments: No violent criminals or felons. Must be able to physically negotiate beach environment, walking in sand and ~olerant of heat and sun. Participants should bring water and sun ~rotection. Return to: 15th Judicial Circuit Community Service Program 205 North Dixie ]tighway, Suite 2.2400 West Palm Beach, Florida 33401 By:. Signature DAVID T. HAR_D, EN; CITY MANAGER Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me on this the__ ,,by produced day bf~ · who is personally 'known to me or who as identification and who did/did not take an oath. .(Signature of person taking acknowled~mment) .(Name of' Officer taking acknowledgment) (Title or rank) .(Serial number, if any) : THE ABOVE MUST BE NOTARIZED " Page 3 Palm Beach Courtly Community Service Program 15th Judicial Circuit AGENCY AGREEMENT THIS AGREEMENT, dated this the __ day of .... ,199. . , has been rear understood as evidenced by the execution hereof by an individual authorized to so sign on behalf of: City of De,.lra¥ Beach (c/o_ Planning &_Z, gning Department). (full legal name of Agency as it appears on its organizing instrument) hereinafier "Agency". WHEREAS, from time to time the Court. s of the 15th Judicial Circuit direct defendants to perform number of hours of community se .ryice; and WHEREAS, community service is performed by said defendants at various agencies who meet establi: criteria; and W!~REAS, the-services are performed at no cost to the agencies. WITNESSETH: For and in consideration of the referral of defendants to perform services for the Agency and for other ~ and valuable consideration design, ated below, the receipt of which is hereby acknowledged, Agency agrees that 1. The Courts of the 15th Judicial Circuit may direct defendants to perform community services for ~ at no cost to Agency. 2. Agency agrees to monitor and oversee the work performed by any defendant sent by the Communit: Service Program and to accurately report, in a form approved by the Community Service Program, the number hours each defendant works. - · 3. Agency understands and agrees that the Community Service Program, the Courts of the 15th Judick Circuit, Palm Beach County and its Board of'County Commissioners, and each of their agents, employees, and elected officials are not responsible for the detail, manner, and/or method of any defendants' performance ofs~ or other actions taken by a defendant referred Agency. 4. Agency agrees to protect, defend, reimburse, indemnify and hold County its agents, designees, employee.~ elected officials and each ofthem, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs fines and damages (including attorney's fees) and causes of action of every kind and c against or from County by reason of damage to property or bodily injury (including death) incurred or sustair any party including any th/rd or other party whomsoever arising out of or incident to or in connections with t' actions of any defendant in the performance of services or othenvise for Agency, by any defendanat referred Commubnity Service Program, including, but not limited to, any loss from the negligent act of or failure to ac County, it agents, disignees, employees, and elected officials, or of or by any defendant, to the extent perm±t~ted by law. AGENCY: BY: ITS: DAVID T. HARDEN, CITY MANAGER · STATE OF FLOR/DA COUNTY OF PALM BEACH The foregoring instrument was acknowledged before me on this 'the__ 199 by day of · who is personally know to me or who has pn as identification and who did/did not take an oath. (SW. AL) (Signature ofperson taking acknowledgement) .(Name of Off~cer taking acknowledgement) (Title or rank) (Serial number, if any) ABOVE MUST BE NOTARIZED ?ALI~ BEACH COUNTY COURT COMMUNITY SERVIE /lgenc~v flqferr.! Form AgencyNam~: City of Delray Beach, FL (c/o Pl&nning & Zoning Dep~Ktment) Agency Address: 100 NW 1st Avenue City, State, Zip Code: Delray Beach, FL 33444 Telephone: ~ ). 561-243-7040 Contact Per'son (s):. Dan Marfino; Principal Planner Agency Purpose: Provide for 'the current and long term plannin~ for the City· include beach renourishment and dune revegetation projects. Responsibilities Assignment Authorization: . 121'R. equired Minimum Age Accepted: 18 Hours Community Service Work Needed: Hours: 9 A.M. - 5:00 P.M. Not Requked - Weekdays:,, Monday - Friday Weekends: Saturday & Sunday Hours: 9 A.M. - 5:00 P.M. Description of Services Needed: Hand water newly planted beach vegetation, light landscaping, litter pick up, general labor, in an overall beach conservation project. Restrictions and/or Comments: Do not send pc[sons convicted of violent crimes or felonies. Participants must be able to tolerate beach environment, walking in sand, heat, and sunlight. Should bring water and sun protection. PALM BEACH COUNTY coMMUNqTy SERVICE PROGRAM 205 NORTH DIXIE HWY ROOM 2.2400/~EST PALM BEACH, FLORIDA 33401 TELEPHONE: 561-355-6308 INTAKE SI:I'EET pLEASE PRINT ALL INFORMATION LAST NAME ADDRESS: pERSONAL DATA DAY PHONE NIYMBER: DATE: / / , FIRST NAME · CITY ZIP EVENING NUMBER D.O.B.__/ / , S.S.# RACE , SEX ANY PHYSICAL LIMITATION? Circle one: YES /NO MEDICATIONS: Circle. one: YES / NO .EMERGENCY CONTACT NUMBER NAME ' : -RELATIONSHIP '"" ' 'PHONE NUMBER- ~ · .. ~ .- ..; :. .-.: · , ...,,.... · . ,. ADDRESS - -' -- -- · 7..- -.· -- 'OCCUPATION DAYS AND'HOuRs AVAILABLE FOR COMMUNITY SERVICE ~ORK MONDAY , TUESDAY , WEDNESDAY , THURSDAY ,FRIDAY , SATURDAY · SUNDAY. DO YOU HAVE TRANSPORTATiON? Circle one: YES / NO ARE YOU ON PROBATION? Circle one: YES/NO CASE NUMBER CURRENT CHARGE NAME OF PROBATION OFFICER JUDGE PLEASE IlEAl) AND SIGN llEVERSE SIDE OF TillS FOllM City of Delray Beach Community Development Division MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David Harden, City Manager Lula Butler, Community Improvement Director Kenneth L. Thomas, Community Development Administrator'~='~ January 31, 2002 2001-2002 Community Development Block Grant Subrecipient Funding Agreement: Palm Beach County Resource Center (PBCRC) ITEM BEFORE THE COMMISSION This is to request approval to execute the agreement for the funding of the above listed subreeipient under the 2001-2002 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24CFR 570.301, a Public Hearing was held before the City Commission on August 7, 2001, to obtain public comments on the proposed budget and for the approval of the Community Development Block Grant Consolidated Action Plan for Fiscal year 2001-2002. The Action Plan contains appropriations for the agencies as listed above and was approved by the Commission. CDBG Program regulations at 24CFR 570.503 require xvritten agreements prior to the disbursement of funds to subrecipient organizations, specifying the work to be performed and reporting, among other necessary requirements and governing provisions. The attached agreement has been developed in accordance with the stated regulations and reviewed by the City Attomey for legal sufficiency and form. RECOMMENDATION Staff recommends approval and execution of the attached agreement in order that funding may proceed in accordance with the Commission approved Action Plan for Fiscal Year 2001-2002. ATTACHMENT I PROPOSED SCOPE OF SERVICES for City of Delray Beach Businesses The PBCRC shall provide management and technical assistance to referrals from the City of Delray Beach. PBCRC's services shall include but not be limited to technical assistance on all aspects of business planning, compilation of loan/bonding packages, matching firms with opportunities, and procurement assistance. Services may also include workshops and seminars. Business Planning - under this service area, the PBCRC will consult with the City's referrals in an effort to complete a business plan for that individual's existing (or proposed) business. For some clients, the PBCRC's role may take the form of a mentor - in the instances where the client has the ability and the desire to compile his/her own business plan. The PBCRC will also assist in simple incorporations and in the compilation of joint-venture agreements. Loan/Bonding Packages - pursuant to thorough and prudent determination of a prospective client's viability as an applicant for one or a combination of commercial financial products, the PBCRC will compile a package and submit it to an appropriate financial institution for review. The PBCRC will serve as liaison between the client and the financial institution throughout the entire process. Matching Firms with Opportunities - the PBCRC will utilize all of its resources and inventory to match qualified Delray Beach referrals with specific viable businesses, market and/or capital opportunities. This type of activity will be predicated upon a thorough investigation of the Delray Beach referral's capacity and skill set(s). Procurement Assistance - the PBCRC will provide assistance in compiling MANBE and 8(a) Certification Packages, Estimating & Construction Take-offs, Bid Preparation, the issuance of "notices-to-owner", weekly access to a listing of region-wide bid opportunities for most disciplines. Financial Pkgs. Approved Procurements Approved # of New Clients Assisted $135,000 $380,000 8 ATTACHMENT II ACTIVITY BUDGET Activity Cost Requested Inkind Match from PB County Office Supplies Pro-rated Ops. Cost Office Equip. Postage Promo Material Development Cost Financial Packaging Assistance Procurement Assistance TOTAL $15,160 $15,160 $4,800 800 1,000 7O0 1,500 14,000 12,000 $34,800 PALM BEACH COUNTY RESOURCE CENTER 2001 Broac~A, ay, Suite 301C, Riviera Beach, Florida 33404 Phone: (561) 863-0895 Fax: (561) 863-0897 ATTACHMENT III Monthly Reauest for Reimbursement Contract for Consulting/Professional Services- Ref. # 99999; $15,160 Year 2001-2002 November 1, 2001 Dear Mr. Thomas: We are requesting reimbursement for invoice # 11001 in the amount of $2,800.00 for the month of October. Supporting documentation is enclosed. Please contact me at (561) 863~0895, if you have any questions. Thanks for your assistance. Sincerely, Paul Skyers Executive Director PBCRC REFUND REQUEST Item Description Invoice Cumulative Remaining Amount Total to Date Balance $30,000.00 Oct. 2001 Expenses $2,800.00 $2,800.00 27,200.00 Z -,I m AGREEMENT Tills AGREEMENT entered into this 1st day of January, 2002 by and between the Palm Beach County Resource Center hereinafter referred to as "PBCRC", and The City of Delray Beach, Florida, whose address is 100 N.W. 1st Avenue, Delray Beach, Florida 33444 hereinaRer referred to as "CITY". WITNESSETH: WHEREAS, the Palm Beach County Resource Center is a non-profit corporation which provides financial and technical assistance to business owners of the City of Delray Beach. NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS MADE HEREIN, IT IS AGREED AS FOLLOWS: ARTICLE I: A. Bo Scope of Services PBCRC shall provide management and technical assistance services to eligible business owners or prospective business owners as outlined in Attachment I. All owners or prospective business owners shall have businesses located or to be located within the established Community Development Block Grant (CDBG) Targeted Area of the City of Delray Beach, Florida. The activities specified above shall be carried out on behalf of the business owners and/or residents of the City. No eligible business owner or prospective business owner of the CITY shall be excluded from participation in, or be denied the benefits of the services of this Agreement on the grounds of race, color, religion, sex, sexual orientation or national origin. ARTICLE II: A. Co Compensation The CITY shall grant to PBCRC funds in the amount of $15,160 as outlined in the budget in Attachment II and made a part hereof. In no event shall the total compensation and/or reimbursements to be paid by the CITY exceed the maximum sum of Fifteen Thousand One Hundred and Sixty Dollars ($15,160). Any cost to the City shall be related to the performance of the Scope of Services and shall be based on the definition of counseling services as follows: "A counseling service is a contact between PBCRC's counselor/consultant and client for the purpose of (a) preparing a loan 1 application, (b) providing technical assistance to develop a business plan or related follow-up counseling or (c) other technical assistance in the areas of marketing, procurement, administration, manufacturing and construction or (d) seminars, workshops, and (e) other aspects of professional consulting services or follow-up counseling provided by PBCRC and a~proved by the CITY. If the maximum authorized compensation set forth in this Agreement has not been expended prior to September 30, 2002, and if all other terms and requirements of this Agreement have been fulfilled, the Agreement may be extended until the maximum amount authorized has been attained. ARTICLE l/I: A. Bo Ce Method of Payment Payment requests must be in writing and accompanied by the proper documentation of services rendered, including, but not limited to an Invoice Cover Form (Attachment m), and a Client Breakdown/Services Rendered Form (Attachment IV). PBCRC shall submit invoices to the CITY on a monthly basis. Invoices must be received by the 5th of each month for payment to be made in the month in which invoice is submitted. The CITY shall review and forward the Invoices (provided they are properly submitted) to the Finance Department. PBCRC shall maintain on file information regarding gross income, race, household size, female head of households and zip codes for each beneficiary served. ARTICLE IV: A. Bo Monitoring and Evaluation Monitoring visits shall be conducted of PBCRC at the CITY's discretion. Such visits shall take place at least once a year, but may be conducted as deemed necessary. All records relative to this agreement maintained by PBCRC shall be made accessible to any CITY auditor. The CITY shall prepare written reports of its annual monitoring visits of the PBCRC and the CITY Commission. 2 ARTICLE V: Uniform Administrative Requirement PBCRC must comply with applicable uniform administrative requirements as set forth in the following: Office of Management and Budget (OMB) Circular A-122, "Cost Principles for Non-Profit Organizations." ARTICLE VI: Indemnification PBCRC shall defend, hold harmless, and indemnify the CITY from and against any and all liability, injury, loss, claims, damages, costs, attomey's fees and expenses of whatever kind or nature which the CITY may sustain, suffer or incur or be required to pay by reason of any act or failure to act of the PBCRC in the execution or performance of this Agreement. ARTICLE VII: Integration Clause This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement should supersede all previous communications, representations, or agreements, either verbal or written, between the parties. ARTICLE VIII: Suspension and Termination This agreement shall be suspended or terminated upon PBCRC's inability or failure to perform conditions or terms herein as determined by the sole discretion of the CITY; or when the CITY and PBCRC agree to terminate this Agreement in whole or in part. PBCRC shall not obligate additional funds upon such notification. ARTICLE IX: Time of performance This Agreement shall extend from October 1, 2001 through September 30, 2002. The appropriation of funds for this Agreement period in no way obligates the CITY to subsequent funding in ensuing periods. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first written above. CITY OF DELRAYBEACH, FLORIDA David Schmidt Mayor PALM BEACH COUNTY RESOURCE CENTER Paul Skyers ....d Executive Director (Attes0 Barbara Garito City Clerk ff/ h .ow r I.~ PBCRC Chairman 4 AGENDA REQUEST Request to be placed on: ~ Regular Agenda Special Agenda ~ Workshop Agenda xxxx Consent Agenda Date: January 31, 2002 When: February 5, 2002 Description of item: Request to approve and execute agreement for funding of a Communi _ty Development Block Grant subrecipient for Fiscal Year 2001-2002. Funding will be made available from accounts within the CDBG budget. Total funding is $15, 160.00. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval and execution of the subrecepient agreement for funding. 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 No. & Description: Account Balance: .(if applicable) City Manager Review: Approved for Agenda:~~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ' - REGULAR MEETING OF FEBRUARY 5, 2002 ADOPTION OF THE PARKS AND RECREATION MASTER PLAN FEBRUARY 2, 2001 On February 6, 2001, the City Commission approved the Letter of Agreement between the City and Glattmg Jackson Kercher Anglin Lopez Rinehart, Inc. to perform the needs assessment and prepare the Parks and Recreation Master Plan. As part of that agreement the following assessments were taken into consideration; · Existing Systems Analysis · Needs and Priorities Assessment · Conceptual Park and Open Space Systems Map · Development of a Parks & Recreation Master Plan This work has been completed and at the Workshop Meeting on January 15, 2002, Richard Kercher of Glatting Jackson Kercher Anglin Rinehart, Inc. made a power-point presentation and provided the City Commission with the Parks & Recreation Master Plan. The action before you today is to adopt the Master Plan for Parks and Recreation as developed by the finn of Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. RefiAgmemol P&RMasterPlan 02.05 02 I:ITY OF DELRI:IY BEI:II:H DELRAY BEACH AII-AmedcaClty 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 1993 MEMORANDUM TO: FROM: David Harden City Manager Joe Weldon Director of Parks and Recreation SUBJECT: Needs Assessment and Master Plan DATE: January 17, 2002 Please place the Needs Assessment and Master Plan as developed by the firm of Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. on the February 5, 2002 consent agenda for City Commission consideration for approval and adoption. Di~gctor of Parks and Recreation JW: cp Ref:masterag Printed on Recycled Paper THE EFFORT ALWAYS MATTERS Delray Beach is a diverse community whose fabric is a rich blend of cultures, ages, seasonal and year-round residents. While this multi-cultural nature enriches the City, it also provides a challenge for how best to serve the needs and desires of all residents. To ensure that a high quality of life remains a priority for current and future generations, a long-range vision for the City's parks and open spaces has been developed. In keeping with the All American C~ty theme, the Delray Parks and Recreation vision is one that embraces all cultures and ages, and provides all residents with the highest quality recreation opportunities. Components of the vision include. PARK LANDS AND FACILITIES · Urban Open Spaces and downtown civic spaces that provide a place for residents and visitors to sit, eat and congregate; · Neighborhood Parks that provide recreation opportunities to residents within walking d~stance of their homes; · A system of Community Parks to meet resident interests - specifically the need for an adequate supply of active recreation facilities for all residents; · Community Centers that meet the needs of all residents - regardless of age or cultural background; · A system of Special Use Facilities of the highest quahty - and providing opportunities for residents to participate in activities from sports league play to golf; · Access to beaches, lakes and waterways for swimming, fishing and boating, · Appropriate public access to nature preserves and conservation areas for passive recreation and education; · Flexible use of pubhc buildings and c~wc space to provide ~ncreased opportunities for small community meetings for programs and classes; · Private recreation facilities that expand recreation opportunities for some within the City; · An interconnected system of safe bike lanes, multipurpose paths and shaded sidewalks; · A comprehensive system of functional and consistent signs for pubhc spaces and facilities to provide a cohesive theme to the parks and open space system; RECREATION PROGRAMS · Programs that reflect the needs of the entire community-including programs for children, teens, pre-teens and seniors; ADMINISTRATION, OPERATIONS AND MAINTENANCE · A parks and open space system that is of the highest quality and efficiency; IMPLEMENTATION RESOURCES · A parks and open space system that aggressively utilizes public and private partnerships to provide for the needs of the entire community. Implementation PRIORITY ACTIONS IMPROVE FACILITIES AND USES PROVIDED WITHIN EXISTING NEIGHBORHOOD PARKS Existing Neighborhood Parks should be modified as much as possible to provide facilities for a greater portion of residents who wish to use them. In general, needs at existing neighborhood parks'include additional benches; picnic tables and barbecues; shade tree plantings; improved pedestrian links/ walking paths; improved playground equipment. BUILD THE PROPOSED SOCCER COMPLEX The City's Soccer program has grown significantly but is limited in expansion due to a lack of facilities. Potential locations for this complex include the vacant property in the northwestern corner of the City (northwest of Barwick Road and Lake Ida Road) and the properties north and east of Atlantic Avenue and Congress Avenue. CREATE A TEEN CENTER AT THE WOMEN'S CLUB SITE A teen center should be built as proposed at the Women's Club property. This facility should allow as wide a variety of fadlities and educational/recreational programs as possible, in order to attract a significant number of teens. CREATE A SKATE PARK FACILITY A skate park facility should be constructed. If opportunities arise to locate this facility near the planned teen center at the Women's Club site, this should be pursued. Other options might be an outparcel from Atlantic High School which has been proposed to be located near Atlantic and Congress Avenues. BUILD A COMMUNITY CENTER IN WESTERN DELRAY BEACH Although many communities in the western portion of the City contain their own private clubhouse facilities, there is a need for a community meeting space, particularly for Seniors. This facility could provide a simple space for recreation programming and community functions within this area. Several locations are possible for this type of facility, with perhaps more than one location advisable depending upon the size of the site(s). CREATE A CONNECTED SIDEWALK SYSTEM THROUGHOUT THE CITY S~dewalk improvements need to be made to connect the existing parks and recreation facilities and community activity centers. CONTINUE AGGRESSIVELY PROMOTING EXISTING CITY PROGRAMS, AS WELL AS THOSE OCCURING THROUGH PARTNERSHIPS Targeted, direct marketing - such as Department representatives attending City employee, parent/ student, or larger homeowner group functions to discuss programs offered - should be conducted. In addition, Old School Square, the Sandoway House, and County facilities west of Delray such as Morlkami Center are among those facilities that provide significant recreation, cultural, and educational program opportunities for City residents, and should be included in the City's marketing program. Date: Jan. 17, 2002 Request to be placed on: x Consent Agenda When: February 5, 2002 AGENDA ITEM NUMBER: AGENDA REQUEST Regular Agenda Workshop Agenda Special Agenda Description of Agenda Item (who, what, where, how much): Request approval and adoption of Needs Assessment and Master Plan as developed by the firm of Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. DepartmentHead~ _ ~ (~-~ / Signature: ~ ~ /\ City Attorney Rev~vfRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of£unds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:~/No Initials: ~ Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~7/~ . REGULAR MEETING OF FEBRUARY $, 2002 CHANGE ORDER #1/JMW CONSTRUCTION CORPORATION (DELRAY SWIM AND TENNIS CLUB POOL & BATHHOUSE RENOVATIONS) FEBRUAR 1, 2002 This is before the City Commission to approve Change Order #1 in the amount of $19,673.95 to the contract with JMW Construction Corporation for improvements to the Delray Swim and Tennis Club Pool and Bathhouse Facility Renovations project. An automated chemical control system has been added in order to aid pool maintenance staff to efficiently and effectively maintain the proper chemical balance of the water, and electric heat pumps were added for better efficiency and less annual operating costs. Funding is available in the amount of $19,673.95 from 117-4133-572-63.90 (Other Improvements). Recommend approval of Change Order #1 to the contract with JMW Construction Corporation in the amount of $19,673.95. S:\City Clerk\Clerk~JMW Cons 2.05.02.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www delrayesd, com TO: FROM: DAVID T. HARDEN City Manager VICTOR MAJTENYI '~~ Acting, Deputy Director of Construction SUBJECT: Delray Swim and Tennis Club Pool & Bathhouse Renovations, P/N 2001-003 Change Order #1 DATE: JANUARY 29, 2002 Attached is an Agenda Request for City Commission to approve a net add Change Order # 1 in the amount of $19,673.95 to JMW Construction Corporation for improvements to the Delray Swim and Tennis Club Pool and Bathhouse Facility Renovations project. An automated chemical control system and electric heat pumps are added to the original scope of refinishing the pool and deck, furnishing new pool pump equipment, and modifying the bathhouse for ADA compliance. The automated chemical control system and the heat exchangers are at the request of the Park's Department. The controllers will aid pool maintenance staff in efficiently and effectively maintaining the proper chemical balance of the water. The electric heat exchangers, although more expensive on initial installation, are more efficient with lesser operating cost per year (letter attached from Thompson Engineering). A list of items with a brief description of each is presented on Schedule A, attached to the Change Order #1. Staff recommends the City Commission approve Change Order #1 in the amount of $19,673.95 to JMW Construction Corporation for the improvements to the Delray Swim and Tennis Club Pool and Bathhouse Renovations project. i I'Or. q,,l'~,$ Funding is available from account 5-34--4446-572-63.90, Tennis Center/Other Improvements. Joe Weldon; Director of Parks & Recreabon Richard Hasko; Director of ESD Randal Krejcarek, C~ty Engineer File 2001-003 (A) $. ~EngAdmtn~Projectsi2001 ~2001-O031CONSTRCl~agenda memo 02 05 02 doc Schedule "A" Delray Swim and Tennis Pool and Bathhouse Prj 2001-003 Change Orders Summary Owner Unforeseen NE Design Requested Item # Descnption Conditions Rews~ons Rewsions la Install stucco wainscot around penmeter of $ 1,449 00 budding lb Repair of excessive structural cracks in pool $ 735.0(: 2 Furnish and install flushometer valves to $ 735.00 water closets w~th associated increase m plumbing feed 3 Provide electric to s~x water coolers at $ 2,473.80 southern tennis courts. 4 Provide safety equipment and safety hie $ 2,625 0C markings around perimeter of pool, as per PB County Health Dept code. 5 Furnish and ~nstal electnc pool heat pumps. $ 8,818 00 6 Furnish and ~nstall automated control system $ 2,838 15 i'or monitoring and regulating the pool chemicals Pending Change Orders Contingency Allowance Total of Changes Total of Pending Calendar Days $ 3,36000 $ - $ 16,313 95 $ 19,673 95 Net Change Order $19,673.95 December 20, 2001 THOMPSON ENGINEERING CONSULTANTS City of Delray Beach Department of Environmental Services Engineering Division 434 South Swinton Avenue Delray Beach, FL 33444 Attn. Mr. Victor Majtenyi, Construction Manager Re: Pool Heaters for Delray Beach Swim and Tennis Center Dear Victor: I spoke with Mr. Winston Humphrey of Florida Public Utilities about the gas companies analysis of the heating costs for the pool. Some of the factors that were used in the gas compames first analysis did not make sense to me, so Mr. Humphrey reviewed the analysis and made some corrections. It turns out that the yearly cost for gas heat is $9,178.26. I reviewed Aqua Cal's analysis and with the excepnon of using a lower efficiency of the heater (80% in lieu of 95%) and a higher cost of propane, their analysis of costs was correct. I inserted the corrected cost fuel and efficiency and both costs analysis now agree There are two items in Aqua Cal's analysis of the electrical cost of operation that you need to keep in mind. First is the cost of power at $0.085 per KW and the other is the heating capacity of the heat pumps, The cost of electricity has been fairly stable, however with deregulation around the comer it could do just about anything. Also, the $0.085 per KW is an estimated cost of the power. Fees, taxes, demand charges, meter charges, if any may not be totally included. With 15.90 KW input on the three heat pumps plus other simultaneous loads such as pumps, lights, etc., you may be into demand charges. As you know, demand charges have nothing to do with consumption and once you hit the demand threshold you pay that demand charge every month. I think the demand charge is $6.25 per KW for every KW above a certain peak that varies with the type of rate you have. To the best of my knowledge it is 20 KW for GSD rate which means if you use 25 KW in one peak hour during the month you pay an extra $31.25 per month in demand charges. So, it really depends on what else is on the same meter as the heaters. You should check with the Cities FPL representative about this and the true cost per KWH at this service The capacity of the heat pumps will vary with the ambient temperature, the colder the air the less capacity you have and the more it will cost to get the same amount of heat that you could at a h~gher ambient temperature. To be fair, the warmer the ambient air the more efficient the heat pump will be and the less it will cost to do the same amount of heating. The gas heater capacity is not dependent on the ambient air, for every BTUH input you will get 0.95BTUH output no matter what the ambient conditions I don't know at what ambient temperature the heat pumps are rated. I think it is 450 F., which is usually okay for our area as most people are not out swimming when it's that cool. However, below the rated temperature the capacity of the heat pump will drop off rapidly. You won't experience that with the gas heaters. The gas company is offering you two heaters that have more than twice the capacity of the heat pumps so you have the ability to keep the pool comfortable at lower ambient temperatures and at the other end when you need 900 WEST LINTON BLVD., SUITE 200 DELRAY BEACH, FLORIDA 33444 VOICE: (561) 274-0200 FAX. (561) 274-0222 E-MAIL: tec@emi.net City of Delray Beach, FI Swim and Tennis Center Pool Heaters December 20, 2001 Page 2 of 2 heat, usually one gas heater will be able to do the job, which offers you some redundancy. The gas heaters will be able to raise the pool temperature much faster in response to one of our rapid cool fronts that drop the temperature overnight from 800 F. to 450 F.. The gas heater will be able to keep up with this change, the heat pump won't reach temperature until the end of the day. I think another thing to keep in mind is the longevity of the equipment and the cost of maintenance While both types of heaters are mechanical/electrical equipment and as such subject to failure, the heat pumps have far more moving parts and controls. The heat pumps will be operating more than twice as long as the gas heaters to do the same job (17.28 hours per day as opposed to 8.34 hours per day) it stands to reason that the heat pumps will not last as long as the gas heaters. My assumption ~s that the heat pumps will probably be good for 8 years of service and the gas heaters should last 15+ years. So you need to factor in the cost of replacing the heat pumps at least once for the same life cycle as the gas heaters. Also, another consideration is that the gas heaters operate more quietly than the heat pump which has a compressor and fan. This may be a factor in your decision, depending on where you locate the heat pumps and how close they are to a residence. A simple analysis would be as follows below. Remember that I'm assuming electrical costs are stable, maintenance cost is the same, and longevity is twice for gas as electric. 1 have not allowed for the cost of money or inflation. If you can get yearly maintenance costs you could figure those in, but the heat pump maintenance costs would need to be more than $3,900.00 per year above the cost of the gas heaters maintenance (I doubt that is the case) for the gas heaters to break even with the heat pumps at the end of 16 years. (The cost of the heat pumps is assuming new equipment at the end of 8 years). Item Heat Pump Gas Heaters Equipment Cost $25,500.00 $9,700.00 Energy Costs for 16 years $67,248.00 $146,852.16 Total costs at end of 16 years $92,748.00 $156,552.16 It is my opinion that the electric heat pumps will be more economical to operate considenng all the factors outlined above. The advantage that the gas units have is a quicker recovery time and quiet operation. If you have any questions, please call. Sincerely, / .."~ ~-, .- .: ,,.-:, ~-' '... Daniel E. T~pson~~,_:. ~: · z: ' . AGENDA REQUEST Agenda Item No.: Request to be placed on: DATE: January 29, 2002 X Regular Agenda Special Agenda Workshop Agenda When. February 5, 2002 Description of item (who, what, where, how much): Change Order #1 in the net add amount of $19,673 95 to JMW Construction Corp. for improvements to work related to the Delray Swim & Tennis Club Pool and Bathhouse Renovations project, P/N #2001-003. The funding for this project will be provided from the following account: Funding Source Account Number Amount Tennis Cntr Other *~34--4'h~-572-63.90~ $19,673.95 * · Al~er Budget Transfer t ~ z[ ~.1~$ ~~lr.~~ ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED Recommendation: Staff recommends approval of Change Order #1 to JMW Construction Corp. for improvements to the Delray Swim and Tennis Club Pool and Bathhouse Renovations project, P/N 2001- 003. Department Head ~~~-- ~~ Signature: , J-..3, o- 03/ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding availabl~O r' _~. Funding alternative'S'- (if applicable) Account No. & Description I1'~ -Ctl~ - -~o(2.(~..6-¢t0~ 0-~t-~(~,/' /t'l~(0~/C~:~ ~'~ Account Balance ~ 2©;C~.~ ,~o,q~,/~JA ~ ~ ~J .h~ --~-~~ _ Ci~ Manager Review: ~ ~ Approved for agenda: NO Hold Until: AgendaCoordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2001-003(A) projects/2001-O03/constrct/agenda req 02 05.02,doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. One (1)/Final PROJECT NO. 2001-003 DATE: February 5, 2001 PROJECT TITLE: Delray Swim and Tennis Club Pool and Bathhouse Renovations TO CONTRACTOR: JMW Construction Corporation 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: Provide all labor, material, and equipment necessary for the construction of various revisions to the plans and specifications to the Delray Sw~m & Tennis Club Pool and Bathhouse Renovations project, as itemized on Schedule A attached. 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 13.7 % TOTAL PER CENT INCREASE TO DATE 13.7 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE, $142,870.00 $0.00 $142,870.00 $19,673.95 $162,543.95 0 CALENDAR DAYS. 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. CONTRACTOR (sign & seal) SIGNATURE (ARCHITECT) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department ~.~-~4133-572-63 90 Delray Tenms Club/Other Improvement DEPARTMENT RECOMMEND: APPROVED: ENGINEER/DIRECTOR CITY ATTORNEY FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission By: A'FI-EST. By: MAYOR CITY CLERK s:\...\2001-003\COlfinal.doc CITY OF DELRflV 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 1993 DATE: TO: FROM: MEMORANDUM January 30, 2002 City Commission ~ Brian Shutt, Assistant City Attorney SUBJECT: Resolution No. 1{1-02 (Setting Public Hearing Date for Royal Palm Boulevard Special Assessment District Final Assessment Roll) The attached resolution will set the public hearing date for consideration of the Royal Palm Boulevard Special Assessment District final assessment roll. On November 2, 1999, the City Commission declared a necessity for the improvement of Royal Palm Boulevard involving upgrades to water and sewer utilities and street improvements consisting of, among other things, the construction of a sidewalk, curbing, drainage structures and a median. The utility upgrades are not part of the special assessment. The Royal Palm Boulevard Special Assessment District was established through the adoption of Resolution No. 6-00 on January 18, 2000, in order to defray a portion of the costs of the construction. The total estimated cost of the street improvements was $120,550.00, of which the City will pay $30,138.00, the CRA will pay $30,138.00 and the abutting property owners will pay $60,276.00. Construction of the street improvements has been completed and a final accounting of the costs has been made. In accordance with the requirements of state law and the City's Land Development Regulations, a final assessment roll has been prepared which will be considered for adoption at a public hearing scheduled for March 19, 2002. The City Clerk will be mailing notices to the individual property owners of the hearing and the final assessment amount. By copy of this memo to David Harden, our office requests that Resolution 11-02 (setting the public hearing date for the Royal Palm Boulevard Special Assessment District final assessment roll) be placed on the February 5, 2002 City Commission agenda for approval. Please call if you have any questions. CC: David Harden, City Manager Barbara Garito, City Clerk Randal Krejcarek, City Engineer ALLEN AVENUE EASTVlEW AVE. LAKE AVENUE N. LAKE / AVENUE --,I I I DENERY LANE N CITY OF DELRAY BEACH, F'L PLANNING ,,'-' ZONING DEPARTMENT ROYAL PALM BOULEVARD SPECIAL ASSESSMENT DI$TRICT BOUNDARY -- DIG'I~',4L ~,4~E .4&4P S)~5'TEM -- MAP REF' LMA123 ROYAL PALM BOULEVARD SPECIAL ASSESSMENT DISTRICT PUBLIC HEARING NOTICE You are hereby notified that the City Commission for the City of Delray Beach will hold a public hearing regarding the certification and adoption of the final assessment roll for the Royal Palm Boulevard Special Assessment District on: March 19, 2002 at 7:00 p.m. Delray Beach City Hall City Commission Chambers 100 N.W. 1st Avenue Delray Beach, Florida The Special Assessment District was established to pay a portion of the cost of public improvements for Royal Palm Boulevard. If the City Commission approves the final assessment roll, you, as the property owner, will be responsible for payment of the assessment shown on the attached page. The assessment may be paid in one lump sum, or in ten (10) annual installments at 8% interest. At the time and place listed above, the City Commission will hear public comments and inquiries regarding the final assessment roll. You are not required to attend this meeting or to have someone there to represent you. However, you are welcome to do so if you desire. If you have any questions, you may call City Engineer Randal Krejcarek at 561/243 - 7322. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD, PURSUANT TO F.S. 286.0105. DATE MAILED: FEBRUARY __, 2002 RESOLUTION ltl-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING CERTIFYING THE FINAL ASSESSMENT ROLL FOR THE ROYAL PALM BOULEVARD SPECIAL ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. WHEREAS, at the November 2, 1999 meeting, the City Commission declared a necessity for street improvements to Royal Palm Boulevard through the adoption of Resolution No. 71-99; and WHEREAS, at a public hearing held on January 18, 2000, the City Commission certified and adopted the preliminary assessment roll showing the property to be assessed and the amount of the assessments for the Royal Palm Boulevard Special Assessment District; and WHEREAS, construction of the street improvements within the Royal Palm Boulevard Special Assessment District has been completed and a final accounting of the costs has been made; and WHEREAS, pursuant to the requirements of state law and the City's Land Development Regulations a final assessment roll has been prepared showing the property to be assessed and the amount of the assessments; and WHEREAS, the City Commission must provide notice of the final assessments and hold a public hearing prior to the final certification and adoption of the final assessment roll. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a public hearing shall be held on March 19, 2002, at 7:00 p.m. at the Delray Beach City Hall Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. At the public hearing, owners of the property to be assessed or any other persons interested therein may appear before said governing authority and be heard as to the propriety and advisability of adopting such final assessment roll. Section 2. That the City Clerk shall mail notice of the public hearing to each property owner listed in the final assessment roll. Section 3. That the City Clerk shall publish notice of the public hearing in a newspaper of general circulation within the county. Section 4. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 5th day of February, 2002. ATTEST: MAYOR City Clerk MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~t~ - REGULAR MEETING OF FEBRUARY 5, 2002 RESOLUTION NO. 12-02 FEBRUARY 1, 2002 This is a resolution assessing costs for abatement action requited for the emergency board-up of an unsafe structure located at 34 North Swmton Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the property in the event the assessment remains unpaid. Recommend approval of Resolution No. 12-02. Ref:AgmemoResl 2-02.boa~dup RESOLUTION NO. 12-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Buildin9 Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at Res. No. 12-02 the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the , 2002. day of ATTEST: MAYOR City Clerk Res. No. 12-02 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: ERIC S. CARLSTROM AND MARGERY PILLMAN MAILING ADDRESS: PROPERTY ADDRESS: 680 S.E. 1sr STREET, DEERFIELD BEACH, FL 33441 34 NORTH SWINTON AVENUE, DELRAY BEACH, FL 33444 LEGAL DESCRIPTION: S 25.3' OF LOT 10 AND N 24.7' OF LOT 11, BLOCK 60, OLD SCHOOL SQUARE HISTORIC DISTRICT ACCORDING TO PLAT BOOK 1, PAGE 3 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $626.65 by resolution of the City Commission of the City of Delray Beach, Florida, dated ,2002 has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on November 2~ 2001 that the Chief Building official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the city if you failed to act. __X__You failed to appeal the decision of the chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. Res. No. 12-02 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on November 8~ 2001 at a cost of $ 626.65 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk 5 Res. No. 12-02 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS AGENDA ITEM~/~--- REGULAR MEETING OF FEBRUARY 5, 2002 RESOLUTION NO. 13-02 FEBRUARY 1, 2002 This is a resoluuon assessing costs for abatement action reqmted for the demohtion of an unsafe stmctttte located at 45 S.W. 13~ Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the property in the event the assessment remains unpaid. Recommend approval of Resolution No. 13-02. Ref.'AgmemoRes 13-02.demo RESOLUTION NO. 13-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEAC}{, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, W~EREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to t~e City Commission a report of the costs fncurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to in~nediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at Res. No. 13-02 the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the , 2002. day of ATTEST: MAYOR City Clerk Res. No. 13-02 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: JACQUELINE ALEXANDER ROBINSON MAILING ADDRESS: PROPERTY ADDRESS: 1601 NOBLE FOREST DRIVE NORCROSS, GA 30092 45 SW 13th AVENUE, DELRAY BEACH, FL 33444 ~LEGAL DESCRIPTION: Lot 20~ Block 2~ Atlantic Park Gardens according to Plat Book 14~ Page 56 of the official records of Palm Beach County~ FL You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $ 4~929.62 by resolution of the City Commission of the City of Delray Beach, Florida, dated has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on April 25~ 2001 that the Chief Building official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the city if you failed to act. __X__You failed to appeal the decision of the chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. Res. No. 13-02 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on November 5~ 2001 at a cost of $4~ 929,62 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk Res. No. 13-02 5 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~' ~ - REGULAR MEETING OF FEBRUARY 5, 2002 RESOLUTION NO. 14-02 FEBRUARY 1, 2002 This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned vehicles from three (3) properlaes within 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 unpazd. Recommend approval of Resolution No. 14-02. RefiAgmemo. Res.No..14-02/AV RESOLUTION NO. 14-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED ;tN'D/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR ~ RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of Ordinances; and, WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has determined that a nuisance existed in accordance with the standards set forth in Chapter 90 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 90.02 and 90.03 of the Code of Ordinances; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in Chapter 90 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) as required by Chapter 90 of the Code of Ordinances; and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did remove said junked and/or abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s); and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the 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 a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessment shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach 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% per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein and shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. Res. No .14- 02 Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be mailed to the property owner. PASSED AND ADOPTED in regular session on this the , 2002. day of ATTEST: MAYOR City Clerk Res. No .14- 02 COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION I: OWNER I ASSESSMENT SUNNYSIDE PARK, LOT 3, PB 21, P 75, PUBLIC WESTON E. GRIFFITHS & ! RECORDS OF PALM BF.~CH COUNTY, FL PAULETIE GRIFFITHS (517 NW 3RD STREET) c/o YOLANDA B. BARUCH , PC # 12 43 46 20 11 000 0030 900 WILSON RIDGE DR. #1620 ADM CUST. ID # 8834 ORLANDO, FL 32818-6546 $30.00 $30 00 FEE JEFFERSON MANOR, LOT 32, PUBLIC RECORDS LEONARD C. BRYANT . OF PALM BEACH COUNTY, FL 645 ENFIELD COURT (1331 PROSPECT STREET) DELI{AY BEACH, FL 33444 t # ooo f ! $54.00. tii! $54.00 iADM FEE CARVER MEMORIAL PARK SUB, LOT 14, BLOCK A, I PB 20, P 56, PUBLIC RECORDS OF PALM JAMES B. GARMON i BEACH COUNT~, FL 820 NW 63RD STREET (VACANT LOT ON NW 14TH AVENUE) iMIAMI, FL 33150-4342 PC # 12 43 46 17 36 001 0140 t,~' CUST ID # 8928 I ,, $30.00 ' I; ! $30.00 iADM FEE VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR INOPERABLE MOTOR HAZARDS, DECLARED NUISANCE 4 Res. No 14-02 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~P/4~ AGENDA ITEM ff/~ - REGULAR MEETING OF FEBRUARY 5, 2002 RESOLUTION NO. 15-02 FEBRUARY 1, 2002 This is a resolution assessing costs for abatement action required to remove nuisances on thirty (30) 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. 15-02. RefiAgmemo.Res.No. 15-02/CE RESOLUTION NO. 15-02 A RESOLUTION OF T~ CIT~ COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS ZN~ BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEV"ZING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the llst attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescr/bed in said notice and Chapter 100 of the Code of Ordinances, or if the propert~ owner(s) did request and receive a hearing, said property owner(s) £ailed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved~ and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE ZT RESOLVED BY THE CZTY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the indi~idual 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 and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach 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% per 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 date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event ~hat payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. Res. No. 15-02 PASSED AND ADOPTED in regular session on this the , 2002. day of MAYOR ATTEST: City Clerk Res. No. 15-02 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION " OWNER ASSESSMENT TOWN OF DELRAY, LOT 3, BLOCK 47, PB 1, P 3, , IPUBUC RECORDS OF PALM BEACH COUNTY, FL ROBERT G. ALLEN & (206 SW 2ND AVENUE) PATRICIA ALLEN PC # 12 43 46 16 01 047 0030 206 SW 2ND AVENUE CUST. ID # 60 DELRAY BEACH, FL 33444 $ 65.90 $ 55.00.. ABM FEE TOWN OF DELRAY, S 50 FT OF N227 FT OF W 135 FT OF BLOCK 2, PB 1, P 3, PUBLIC JOSEPH PRICE RECORDS Of PALM BEACH COUNTY, FL PO BOX 1432 (231 NW 8TH AVENUE) BARNWELL, SC 29812 PC # 12 43 46 16 01 002 0160/~Il IADM.FEE CUST. ID # 7258 $ 65.90 $ 55.00 TOURIST NOO--K DELRAY, LOT 5, BLOCK A, PB 11, P 47, PUBLIC RECORDS OF PALM BEACH J. STEPHENSON & COUNTY, FL PEATROLIA STEPHENSON (245 NW10TH AVENUE) 245 NW 10TH AVENUE PC # 12 43 46 17 25 001 0050~IiDELRAY BEACH, FL 33444 CUST. ID # 8402 ~ $ 55.00 !ADM.FEE TOWN OF DELRAY, N 1/2 OF LOT 5, BLOCK 30, I PB 1, P 3, PUBLIC RECORDS OF I' AMY CHARLOW PALM BEACH COUNTY, FL 125 SW 5TH AVENUE (125 SW 5TH AVENUE) ~DELRAY BEACH, FL 33444 PC# 124346 16 01 030 0051 t CUST. ID# 535 ~ $ 65.90 ~, ~ $ 55.00 ADM.FEE J. G. FENNOS SUB, LOT 5, BLOCK 2, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL ETHEL MACKEY (NW 9TH AVENUE) C/O S. FULLER PC # 12 43 46 17 22 002 0050 234 NW 7TH AVENUE CUST. ID # 88 DELRAY BEACH, FL 33444 $ 65.90 I'~ !$ 55.00 ADM. FEE Res. No. 15-02 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE TEMPLE SINAI OF PALM BEACH COUNTY, IRREG SHAPED PAR LYG ADJ TO EAST LINE OF PLAT AS IN ORD 4659, P 1681, THERESA MC CLAM ~ PUBLIC RECORDS OF PALM BEACH COUNTY, FL '6358 PINESTEAD DRIVE # 1216I (2420 NW 2ND STREET) LAKE WORTH, FL 33463 PC # 12 43 46 18 28 001 0020 CUST. ID#9310 $ 74.90 $ 55.00 !ADM. FEE DELRAY SHORES 1ST ADDITION, LOT 8, BLOCK 17, i JERRY P. MC CRAY PUBLIC RECORDS OF PALM BEACH COUNTY, FL PO BOX 7226 (586 LAWRENCE ROAD) DELRAY BEACH, FL 33482 PC # 12 43 46 07 02 017 0080 I CUST .ID # 317 I~ $ 247.20 $ 55.00 ADM. FEE ODMANNS SUB, LOT 12, BLOCK 1, PUBLIC !MARIN HAYES ESTATE ~ RECORDS OF PALM BEACH COUNTY, FL c/o WILLIE GOODMAN, JR. (20 NW 13TH AVENUE) 687 PENNINGTON AVENUE PC # 12 43 46 17 28 001 0120 !TRENTON, NJ 08618-3011 i CUST. ID#383 $ 58.18 !$ 55.00 iAMD FEE STRATFORD ATTA BOWE PLAT PARCEL 2 BRUCE MCKEEVER & (OLD SCHOOL SQUARE HISTORIC DISTRICT) i CATHERINE MCKEEVER PB 77, PG 200, PUBLIC RECORDS OF 122 BUTTONWOOD LANE BOYNTON BEACH, FL 33436 PUBLIC RECORDS OF PALM BEACH COUNTY, FL PC # 12 43 46 09 002 0000 CUST. ID#8918 __ $ 67.18 1 rS 55.00 iADM. FEE I CARLTON NEWTON t SUB 17-46-43, N 80 FT OF E 125 FT OF W 150 FT OF 125 NW 12TH AVENUE S 1/2 OF N 1/2 OF LOT 6, PB 1, P 3, DELRAY BEACH, FL 33444 PUBLIC RECORDS OF PALM BEACH COUNTY, FL . PC # 12 43 46 1742 006 0230 CUST. ID # 9309 $ 82.63 ADM. $ 55.0O FEE 5 Res. No. 15-02 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PINE TRAIL SECTION 4, LOT 12 (LESS ELY 40 FT) BLOCK 4, PB 12, P 58, PUBLIC RECORDS OF ALPHONS J. BONET & PALM BEACH COUNTY, FL FERN I. BONET PC # 12 42 46 17 12 004 0121 413 SW 10TH STREET CUST. ID#4532 DELRAY BEACH, FL 33444 ' $ 58.18 $ 55.00 ADM. FEE TROPIC ISLE 3RD SECTION, LOT 317, PB 25, P 36, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 'JOHN FORT (GARDENIA DRIVE) 1447 BANKS ROAD PC # 12434628030003170 MARGATE, FL 33063 CUST. ID # 8171[ $$ 65.9055.00 ADM. FEE TOWN OF DELRAY, N 50 FT OF S 356.4 FT ADELENE JENKINS OF E 135 FT OF BLOCK 24, PB 1, P 3, PO BOX 1993 PUBLIC RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 PC # 12434616010240040 CUST. ID# 187 $ 65.90 $ 55.00 ADM. FEE I DELRAY SHORES 1ST ADDITION, LOT 18, SECRETARY OF HOUSING & BLOCK 15, PB 28, P 2, PUBLIC RECORDS OF URBAN DEVELOPMENT PALM BEACH COUNTY, FL 909 SE 1ST AVENUE # 500 12 43 46 07 02 015 0180 MIAMI, FL 33131 ' CUST. ID 8389 $ 67.18 $ 55.00 IADM. FEE I TOWN OF DELRAY, W 50 FT OF E 200 FT OF IJOHNNIE MARTIN, JR. E 135 FT OF S 1/2 OF BLOCK 22, PB 1, P 3, '1215 SW 7TH AVENUE PUBLIC RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (515 SW 2ND STREET) PC# 12434616010220180 CUST. ID # 259 , $ 74.90 $ 55.00ADM. FEE TOWN OF DELRAY, S 75 FT OF W 135.6 FT OF BLOCK 39, PB 1, P 3, PUBLIC RECORDS OF ATUNE ENTERPRISES, INC. PALM BEACH COUNTY, FL 3477 JUPITER BLVD. PC # 12434616010390060 PALM BAY, FL 32909-4102 (315 SW 3RD STREET) CUST. ID # 5419 __ i$ 55.00 iADa. FEE 6 Res. No. 15-02 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE TOWN OF DELRAY, N 50 FT OF S 150 FT OF PAULINE RICE ESTATE E 135 FT OF BLOCK 13, PB 1, P 3, C/O BERNARD WRIGHT PUBLIC RECORDS OF PALM BEACH COUNTY, FL PO BOX 733 (40 SW 6TH AVENUE) DELRAY BEACH, FL 33447 PC # 12 43 46 16 01 013 0180 CUST. ID # 217t~ $ 81.35 t $ 55.00 !ADM. FEE DELRAY SHORES, LOT 9, BLOCK 11, PB 11234, { I I,~ P 1789, PUBLIC RECORDS OF PALM BEACH RUPERT RAMSEY! COUNTY, FL 2543 ANGLER DRIVE (2543 ANGLER DRIVE) DELRAY BEACH, FL 33445 12 43 46 07 01 011 0090 I CUST. ID # 9303~ $ 81.35 I I $ 55.00 ADM. FEE DELRAY SHORES, LOT 25, BLOCK 2, PB 10524, SECRETARY OF HOUSING & P 1888, PUBLIC RECORDS OF PALM BEACH URBAN DEVELOPMENT COUNTY, FL 909 SE 1ST AVENUE # 500 (575 ANGLER DRIVE) MIAMI, FL 33131 PC # 12 43 46 07 01 002 0250 CUST. ID # 7184 j. : $ 58.18 I $ 55.00 tADM. FEE BREEZY RIDGE ESTATES, LOT 12/LESS S 13 FT & LOT 15, PB 10627, P 1883, PUBLIC RECORDS OF MICHAEL LUCIDO & PALM BEACH COUNTY, FL ARISTEA LUCIDO (2609 West Atlantic Avenue) 1660 SW 6TH AVENUE PC # 12 43 46 18 01 000 0120 BOCA RATON, FL 33486 CUST. ID#9306 ! $ 82.63 t $ 55.00 ADM. FEE SEC 13-46-42, IRREG SHAPED PARCEL BEING SLY 393 FT OF WLY 377 FT LYG NO OF & ADJ TO LOVE 4285 LLC , SR 806 RAN OF W 1/4 OF NE 1/4 OF SE 1/4 & 250 WORTH AVENUE E 1/4 OF NW 1/4 OF SE 1/4 PALM BEACH, FL 33480 (4285 WEST ATLANTIC AVENUE) ~ PC# 12 42 46 13 00 000 5160 CUST. ID # 9305 $ 121.35 $ 55.00 ADM. FEE 7 Res. No. 15-02 COST OF ABATING NUISANCES UNDER CHAPTER t00 OF THE CODE OF ORDINANCE TOWN OF DELRAY, S 75 FT OF N 150 FT OF E 1/2 OF S 1/2 OF BLOCK 39, A28PB 5174, 71 , PUBLIC RECORDS OF PALM BEACH COUNTY, FL (230 SW 3RD AVENUE) PC # 12 43 46 16 01 039 0050 CUST. ID # 6631 JEFFERSON MANOR, LOT 32, PB 24, P 150, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1331 PROSPECT STREET) PC # 12 43 46 17 24 000 0320 CUST. ID # 7655 SEC 17-46-43, E 43.74 FT OF S 140 FT OF N 165 FT OF N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1402 NW 2ND STREET) PC # 12 43 46 17 00 000 3100 CUST. ID # 5659 '0SCEOLA PARK, LOT 19, BLOCK 6, PB 3, P 2, PUBLIC RECORDS Of PALM BEACH COUNTY, FL ,(SE 6TH STREET) PC # 12 43 46 21 01 006 0190 ~CUST. ID # 5386 TOWN OF DELRAY, N 50 FT OF S 200 FT OF E 135 FT OF BLOCK 13, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (36 SW 6TH AVENUE) CUST. ID # 3027 ROBERT L. BURNS ANGELA D. BURNS 2578 LAKE IDA ROAD DELRAY BEACH, FL 33445 LEONARD C. BRYANT 645 ENFIELD COURT DELRAY BEACH, FL 33444 SIDNEY WASHINGTON 2633 NW 18TH TERRACE OAKLAND PARK, FL 33311-2901 WAYNE E. ROSEKE & ALETHA ROSEKE 22060 47TH DRIVE LAKE CITY, FL 32024 JENETHA M. SMITH PO BOX 17981 WEST PALM BEACH, FL 33416 $ 82.63 $ 55.00 ADM. FEE $ 58.18 $ 55.00 ADM. FEE $ 58.18 $ 55.00 ADM. FEE $ 58.18 $ 55.00 'ADM. FEE $ 67.18 $ 55.00 'ADM. FEE Res. No. 15-02 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE TOWN OF DELRAY, LOTS 22 TO 26, INC., BLOCK 15 PB 1, P 3, PUBLIC RECORDS OF PALM BEACH ALVAN E. MC FORD COUNTY, FL 17831 NW 47TH AVENUE (SW 7TH AVENUE) CAROL CITY, FL 33055 PC # 12 43 46 16 01 015 0220 CUST. ID # 192 74.90 55.00 ADM. FEE :TOWN OF DELRAY, S 150 FT OF W 135.5 FT OF IBLOCK 26, PB 1, P 3, PUBLIC RECORDS OF FRED D. MC COY & PALM BEACH COUNTY, FL AMERIFIRST (415 NW 2ND STREET) 17500 NW 68TH AVE. # 210 PC # 12 43 46 16 01 026 0120 HIALEAH, FL 33015-4044 90 13 55.00 ADM. FEE RIDGEWOOD HEIGHTS DELRAY, LOTS I & 2/LESS VALENTINE GABALDON & N 15 FT RD RAN, BLOCK 8, PB 14, P 44, FRANCES GABALDON PUBLIC RECORDS OF PALM BEACH COUNTY, FL 321 DATURA STREET ,(702 SW 10TH STREET) WEST PALM BEACH, FL PC # 12 43 46 20 20 002 0010 33401-5401 CUST !D # 99 67.18 55.00 ADM. FEE 'SECTION 17-46-43, S 50 FT OF W 135 FT (LESS W 25 FT RD R/W) OF S 1/2 OF N 1/2 OF ETHEL SCOTT, EST LOT 6, PB 1, P 3, PUBLIC RECORDS OF 77 2ND STREET PALM BEACH COUNTY, FL FARMINGTON, NY (1119 NW 1ST AVENUE) 14425-1086 PC # 12 43 46 17 42 006 0090 CUST. ID # 92 58.18} 55.00 ADM. FEE .VIOLATION IS: SEC. 100-01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE. Res. No. 15-02 £1TY aF DELIII:IY BEACH DE/RAY BEACH AII-AnlericaCity 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000 1993 2001 TO: David T. Harden City Manager FROM: ~[~ll~obert A. Barcinski Assistant City Manager DATE: January 30, 2002 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 5, 2002 SPECIAL EVENT APPROVAL - 5TH ANNUAL DELRAY BEACH WINTER STREET CRAFT FESTIVAL ACTION City Commission is requested to endorse the 5th Annual Delray Beach Winter Street Craft Festival to be held on February 22nd and 23rd from 10:00 a.m. - 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.6 (H) for the use of NE/SE 4th Avenue, one block north/south of Atlantic Avenue as well as the north end of Hand's parking lot for vendor parking, and to authorize staff support for security. BACKGROUND Attached is a request from Howard Alan Events, Ltd. for this event. Part of the proceeds will be shared with the Joint Venture. The City is requested to provide police security for this event. Vendor management and set up, site clean up, barricades, and port-o-lets will be provided by the event sponsor. Estimated overtime costs for the event is $1,700. This is not a new event. Also attached is a budget for the event. We have l~eceived a copy of the certificate of insurance and hold harmless agreement. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for the street closure and parking lot use, and approval of staff support for police security with the sponsor paying all overtime costs. RAB/tas File. u. sweeney/events Doc Howard ~41an 5h ~Inn Wtnter Street Craft Fest Prlnted~R~P~r THE EFFORT ALWAYS MATTERS January 7,2002 Mr. Robert Barcinski Assistant City Manager City of Delray 100 NW 1st Avenue Delray Beach, FL 33444 F/NEST Dear Mr. Barcinski: We are planning for the 5"' Annual Delray Craft Festival, to be held February 23-24, 2002 on NE and SE 4th Avenue from NE 1st Street to SE 1st Street. Atlantic Avenue and bypasses will remain open. Please be advised that the following logistics for the 4~ Annual Delray Craft Festival will be arranged: Street Closure: Bob's Barricades will drop off barricades on Friday, February 22, 2002, and our employees will set them up early Saturday morning. Police: Lynn Parker at the Delray Police Department will arrange for Police and Security from 10:00 am - 5:00 pm on Saturday and Sunday, and overnight Saturday from 6:00 pm - 6:00 am. Port-O-Lets and Dumpster: 3 regular and 1 handicap portolet have been ordered through Anderson Rentals and will be dropped off on Friday, February 22, 2002 and will be picked up on Monday, February 25, 2002 with servicing on Sunday, February 24, 2002. They will be placed next to the Library. A 20-yard rolloff dumpster is ordered from BFI and will be dropped off on Friday and picked up on Monday as well. Trash Receptacles: Trash receptacles will be supplied and maintained by our professional clean-up crew, Profest (Mitch). They will handle clean up of the trash throughout the area each day. Vendor Parking: Parking will be at Hand's Parking Lot. (North side next to NE 1st Street) Insurance: City required certificates will be issued. If you have any questions, please feel free to call me at (954) 472-3755. Sincerer/ ,~ .'/l~vard Alan, President Howard Alan Events, Ltd. 9695 W. BROWAR1) BLVD. (954) 472-3755 www. ar t festiv al. corn · PLANTATION, FLORIDA 33324 · FAX (954) 472-3891 ) American Craft Endeavors 5th Annual Delray Craft Festival February 23 - 24, 2002 PROPOSED BUDGET FOR FEBRUARY 2002 Income Number of Crafters Number of Food Vendors 110 3 To~l Revenue EXPENSES Advertising: Boca Raton News Palm Beach Post South Florida Newspaper Sun Sentinel Advertising SubTotal Services: Permit Signage Samtation Saturation Sanitation Barricades Secunty Rentals Graphics for advertising Payroll Rental Property Lodgings and meals, travel One Million Dollar liability ins policy Administrative Overhead Palm Beach County Health AA Sign Lines Anderson Rentals BFI Pro Fest Bob's Barricades City Of Delray Beach Pro Fest Expense Helayne Stallings & Staff Delray Joint Venture telephone, mad~ngs,etc Service SubTotal Total Expenses Show Profit Crafter Revenue Food Vendor Revenue Expense Expense Expense Expense Ex :)ense Ex 3ense Ex )ense Ex ~ense Ex ~ense Ex ~ense Ex ~ense Ex ~ense Ex ~ense Ex ~ense Ex ~ense Ex ~ense Ex 3ense Ex ~ense $16,500 $1,049.40 $17,549.40 $708.50 $1,551.12 $325.00 $1,544.80 $4,129.42 $25.00 $600.00 $503.50 $746.36 $370.00 $212.00 $1,059.08 $114.70 $75.00 $1,677.80 $2,000.00 $400.00 $425.00 $1,100.00 $9,308.44 $13,437.86 $4,111.54 [IT¥ JIF DELAI:IY BEACH DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 1993 2001 TO: David T. Harden City Manager FROM: Aobert A. Barcinski ssistant City Manager DATE: January 30, 2002 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 5, 2002 SPECIAL EVENT APPROVAL - ~TH ANNUAL DELRAY BEACH WINTER STREET CRAFT FESTIVAL ACTION City Commission is ~equested to endorse the 5th Annual Delray Beach Winter Street Craft Festival to be held on February 22nd and 23rd from 10:00 a.m. - 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.6 (H) for the use of NE/SE 4th Avenue, one block north/south of Atlantic Avenue as well as the north end of Hand's parking lot for vendor parking, and to authorize staff support for security. BACKGROUND Attached is a request from Howard Alan Events, Ltd. for this event. Part of the proceeds will be shared with the Joint Venture. The City is requested to provide police security for this event. Vendor management and set up, site clean up, barricades, and port-o-lets will be provided by the event sponsor. Estimated overtime costs for the event is $1,700. This is not a new event. Also attached is a budget for the event. We have received a copy of the certificate of insurance and hold harmless agreement. RE COMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for the street closure and parking lot use, and approval of staff support for police security with the sponsor paying all overtime costs. RAB/tas 561/243-7000 File:u:sweeney/events Doc:Howard,41an 5h ,4nn Winter Street Craft Fest THE EFFORT ALWAYS MATTERS January 7, 2002 Mr. Robert Barcinski Assistant City Manager City of Delray 100 NW 1st Avenue Delray Beach, FL 33444 ,4,44E~/CA '5 FINEST Dear Mr. Barcinski: We are planning for the 5m Annual Delray Craft Festival, to be held February 23-24, 2002 on NE and SE 4~ Avenue from NE 1st Street to SE 1a Street. Atlantic Avenue and bypasses will remain open. Please be advised that the following logistics for the 4= Annual Delray Craft Festival will be arranged: Street Closure: Bob's Barricades will drop off barricades on Fdday, February 22, 2002, and our employees will set them up early Saturday morning. Police: Lynn Parker at the Delray Police Department will arrange for Police and Security from 10:00 am - 5:00 pm on Saturday and Sunday, and overnight Saturday from 6:00 pm - 6:00 am. Port-O-Lets and Dumpster: 3 regular and I handicap portolet have been ordered through Anderson Rentals and will be dropped off on Friday, February 22, 2002 and will be picked up on Monday, February 25, 2002 with servicing on Sunday, February 24, 2002. They will be placed next to the Library. A 20-yard rolloff dumpster is ordered from BFI and will be dropped off on Fdday and picked up on Monday as well. Trash Receptacles: Trash receptacles will be supplied and maintained by our professional clean-up crew, Profest (Mitch). They will handle clean up of the trash throughout the area each day. Vendor Parking: Parking will be at Hand's Parking Lot. (North side next to NE 1~ Street) Insurance: City required certificates will be issued. If you have any questions, please feel free to call me at (954) 472-3755. /" RoWard Alan, President Howard Alan Events, Ltd. 9695 W. BROWARD BLVD. · PLANTATION, FLORIDA 33324 (954) 472-3755 * FAX (954) 472-3891 www. a r t festival, corn American Craft Endeavors 5th Annual Delray Craft Festival February 23 - 24, 2002 PROPOSED BUDGET FOR FEBRUARY 2002 Income Number of Crafters Number of Food Vendors ToMIRevenue EXPENSES Advertising: Boca Raton News Palm Beach Post South Florida Newspaper Sun Sentinel Advertising SubTotal Services: '~ Permit Signage Sanitation Sanitation Sanitation Barricades Security Rentals Graphics for advertising Payroll Rental Property Lodgings and meals, travel One Million Dollar liability ins policy Administrative Overhead Service SubTotal Total Expenses Show Profit 110 3 Palm Beach County Health AA Sign Lines Anderson Rentals BFI Pro Fest Bob's Barricades City Of Delray Beach Pro Fest Expense Helayne Stillings & Staff Delray Joint Venture telephone, mailings,etc Crafter Revenue Food Vendor Revenue Expense Expense Expense Expense Ex 3ense Ex ~ense Ex 3ense Ex ~ense Ex 3ense Ex 3ense Ex 3ense Ex 3ense Ex ~nse Ex 3ense Ex )ense Ex 3ense Ex )ense Ex )ense $t6,5O0 $1,049.40 $17,549.40 $708.50 $t,551.12 $325.00 $1,544.80 $4,129.42 $28.00 $600.00 $503.5O $746.36 $370.00 $212.00 $t ,059.08 $114.70 $75.00 $t,677.80 $2,000.00 $400.00 $425.00 $1,100.00 $9,308.44 $t3,437.86 OITY, MGR, DELRAY. BCH EXI4m_ _ IT A INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH EVENT SPONSOR shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach' Risk Manager. If you have any questions call (561) 243-7150. The following ~mrance coverage shall be required. +~ A, Worker's Compensation Insurance, as required by law, covering all employ, ecs and providing benefits as set forth in Chapter 440, Florida Statutes and including Employers Liability coverage, regardless of The size of your fu'm. EVENT SPONSOR further asrees to be responsible for employment, control and conduct of its employees and for any inj ,ury sustained by such employees in the course and scope of their .employment. B. Comprehensive commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury,, and ff items are sold, produc~s and/or liquor liability,'in connection with the contra, cruel, relationship and activities being done under this agreement. The policy will be endorsed to include the Ci_ty of Delrav Beach and _i!'s desi~eeS'narned as additiouaI insureds. The i~suranc¢ will be wr. itte..n on.an occurrence basis isith the limits of liability not less than $1,000,000.00 combined single limit per occurrence, and as an annual aggregate, coyeri.ng .b0di)y injury, property damage and personal injury. C. Motor Vehicle Lial~ili~ ........ Insurance covering all vehicles associated wi~ the Licensee's operations to inclu~ all owned, non-owned and hired vehicles. · '.;1,' ,.,. The coverage will be,..wr,.iffen i)n an occurrence basis with limits of liability not less than $1,000,000.0.0..com,bine..d single limit per each occurrence. · ' I ,,.,~:','.'...~ . D. The certification .~r plroo.f, o,f i6s..urance must contain a provis,ion for notification to the City thirty (30) days in agvance of any m~erial change in coverage, non- renewal or cancellation..'......:.. EVENT SPONSOR shall furnish ;'t~.:.ilie .,Ci{y, Certificate(s) of !n._m.u'ance evidencing insurance required by the provisions set forth ab'gve, _ days prior tO. the holding of the event. If so requested by...th.e. Ci.~, certified copi~ ~f insurance policies will be provided by EVENT SPONSOR. . .:,:; . If any of the above coverages' .e~ir~ during the term of {his agreement, EVENT SPONSOR will provide a renewal c. erU.fi..cate at least ten (l 0) days prior to expiration. Mail to: Cl~y of DeIroy Beech, Attn. ~i~'.k'~dan~er, I00 N.W.l." Avenue, Delrny Beech, Fiorjds 33~4 with a cop~ ~ ~btsnt Cit~.~!~, 100 N,W. 1" Avenu~ Del~ Bnch, ~orida 32~. /~ ~/~;~ ~CJP CERTIFICATE OF INSURANCE o7s6 68 i2/os/oi PRODUCER K & K Insurance Group, 1712 Magnavox Way P.O. Box 2338 Fort Wayne, In 46801 INSURED Inc. HOWARD ;kLAN EVENTS LTD & AMERICAN CPJ%FT ENDEAVORS, INC. & H&D EQUITIES, INC. 9695 W BROWARD BLVD PLANTATION, FL 33324 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS THE COVERAGES CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER TIG INSURANCE COMPANY COMPANY B LETTER COMPANY C LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTVVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. · OLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER )ATE (MM/DD,'YY) DATE (IvWI~)D/Y~ LIMITS (in thousands) General Aggregate General Liability [] Commercial General Liability [] Claims Made ~'-~Occur. Owner's & contractors Prot Automobile Liability auto All owned autos Scheduled autos Hired autos Non-owned autos ~-] Garage Liab~l~y Excess Liability [] STRAIGHT EXS Other than Umbrella form Workers' Compensation and Employers' Liability Participant Accident T7 3796344403 T7 3796344403 KLB3804315600 DESCRIPTIONOFOPERATIONS~OCATIONS/VEHICLES~ESTRICTIONS/$PEClALITEMS THE CERT HOLDER LISTED IS AN ADDITIONAL INSURED, 12:01AM 3/os/oi 12:01AM 3/05/01 12: 01AM 3/05/01 CERTIFICATE HOLDER CANCELLATION 12:01AM 3/05/02 i2:0iaM 3/05/02 12:01AM 3/05/02 Products-Comp/Cps Aggregate Personal & Adverbsing Injury Each Occurrence Fire Damage (Any one fire) Medical Expense (Any one person) Parllcipan! Legal Liability Combined Single Limil Bodily injury f~er person) injury ('per accident) Properly Damage $ 1000 Each Occurrence $ 1000 NONE 5000 iooo 1000 3o o N/~ Aggregale 1000 Statutory $ Each Accident $ Disease-Pohcy Limit $ Disease-Each Employee AD&D $ Pnmary Medical $ Excess Medical $ Weekly Indemnity $ X WITH RESPECT TO LIABILITY ARISING FROM THE ACTIVITIES OR OPERATIONS OF THE NAMED INSURED FOR THE 2/23/02-2/24/02 5TH ANNUAL DELRAY CRAFT FESTIVAL ON FILE WITH COMPANY. CITY OF DELRAY 100 NW 1ST AVENUE DELRAY BEACH, FL 33444 SL3g SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES ·-MAY-22-2001TU£ 11:20 AM CITY. MGR. D£LR~Y. BCH P. 02 HOLD HARMLESS AGREEMENT THIS HOLD HARMLESS AGREEMENT, is entered into fids _~ day of ~[[~9~,W~,, , 200~ by and between thc CITY OF DELRAY BEACH, I~LORIDA, a Florida municipal corporation (l~ereina~r refen'ed to as "CITY") and SPONSOR"). WIT, NI~S SETH: WHEREAS, EVENT SPONSOR seeks to hold a special event known as (hereinafter referred to as th~ "Event"); and WttEREAS, th~ Event will be held within the City limits of Delray Beach; and WHEREAS, the City Commission has determined that such an Event promotes the public's health, safety and welfare. , NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Indemnification. EVI~NT SPONSOR, for good and valuable consideration, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all suits, causes of action or any claim whatsoever made, and damages, which may result from any activity conducted by EVENT b'"PONSOR, its agents, em'ploy~s, assigns or contractors, in relation to the l~venL ~Y-22-2001 TUE 11:21 ~H CITY. HGR. DELR~Y, BCR P. 03 5. Insurance. EVENT SPONSOR shall obtain imurance covering the Event in the amounts and of the types specified in Exhibit "A" attached hereto which is incorporated herein as if fully set forth. 4. Gov, ern~n_g laws; venue. This agreemen~ ~ be governed by the laws of the State of Florida. Any proceeding initiated to enforce the provisions of this agreement +~hall be brought in the State or Federal courts located in Palm Beach County, Fl0r/da. . 5. Bindiag l/ff .eFt, All of the terms and provisions of this Agreement shall he binding upon, hare to the ben,fit of, and 1;e enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 6. Entire Agreement. This Agr~ment 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 mstters are merged into this Agreement, which alone fully and completely expresses their understanding. .) '7. Am~__~dments. 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 h~reto. 8. Third Parties. Noth~ in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than th~ part/es hereto and their respective halts, successors, legal representatives,.and permitted assigns, nor is an~_h~ng in this Agreement intended to relieve or discharge the obligation or liability of any _third persons to any party W .this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or · agairmt any party to thi.~ Agreement. '~ ~AY-22-2001 TUE 11:21 CITY, ~GR. DELRAY. BCH P, 04 IN WITNESS WHEI~OF, the parties hereto h~ve entered into this agreement the day and year f~z writl~n above. ATT~,ST: c~ C~k Approved a~ to l~orm: City Attorney / ~mt o~ T~e Name) STATE OF FLORIDA ' oR The foregoing instrument was acL~owlcdgcd befor~ me this ~v~ day of __~G~C~4 ,200.~by ~0~l ~ ~,~ (n~e of o~r or agent, rifle of o~r or agtnt) of ~(~ ~r r~ F]~ ~ ~*~e/~g~( ~ (~ of co~oraUon ac~wlcdging), a_ ~ ~; _ (~ or pl~c of ~orafion) ~orafion, on behalf of ~ colorlon. He/She ~ ~no~y ~wn m ~ or has prodded (~ of ~~n) ~ ~ngfication ~ did (~d not) ~ ~ oa~. ~ ~ I~mde~ h'V'~qT SPON$OIL~t 3 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: www delrayesd corn David T. Harden, City Manager Richard C. Hasko, P.E., Environmental Services Director ~ FUNDING FOR RECLAIMED WATER SYSTEM EXPANSION STUDY January 29, 2002 At the January 17, 2002, meeting of the South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB), the Board authorized their Executive Director to execute an agreement with the consulting firm of Hazen & Sawyer in the amount of $94,200 for performance of a preliminary design report for the expansion of the Board's reclaimed Water System from its current 10 mgd capacity to a 24 mgd capacity. This will essentially provide advanced treatment for the entire capacity of the Wastewater Plant to reclaimed water standards. The Executive Director has requested that authorization for funding the City's share of this study be approved by separate action. We are, therefore, requesting approval from Commission for the provision of funding in the amount of $47,100, or 50% of the contract proposal, for the purpose of performing a preliminary design report for expansion of the S CRWTDB Reclaimed Water Facility as described above. Funding for the reclaimed water system expansion is budgeted in Water & Sewer Connection Fees, and is available in account #441-5181-536-63.95. Please place this item on the February 5th agenda for Commission action. ROBERT J. HAGEL Executwe Director SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-mail. scrwwtp@ ix.netcom.com MEMORANDUM TO: Richard Hasko, Utility Director, City of Delray Beach John Guidry, Utility Director, City of Boynton Beach FROM: Robert J. Hagel DATE: January 22, 2002 RECLAIMED WATER FUNDING Enclosed please f'md possible language needed to initiate funding for Hazen & Sawyer's Preliminary Design Report: Authorization to fund Hazen & Sawyer's Preliminary Design Report Task Order for consulting services to expand the SCRWT&DB's reclaimed water system to 24 mgd. The $94,200 fees will be divided equally from Boynton and Delray Beach's Utility Department Funds in the amount of $47,100. If you have any questions or comments, please contact me. Maggie WoodaH File #11-202(a) Request to be placed on: [~Regular Agenda I--ISpecial Agenda J-]Workshop Agenda AGENDA REQUEST Agenda Item No. ~/'"" Da~:Janua~ 29,2002 When:February 5, 2002 Description of item (who, what, where, how much): Staff requests Commission approval for provision of funding to the South Central Regional Wastewater Treatment & Disposal Board for the performance of a preliminary design report for expansion of the existing 10 mgd Reclaimed Water Treatment facility to 24 mgd. Total expense to the Board is $94,200. The City's share is 50% or $47,100. Funds are available in Water & Sewer Connection Fees, Account #441-5181-536-63.95, NW reuse system expansion. ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT A'I-I'ACHED YES/NO Recommendation: Staff recommends approval of funding in the amount of $47,100 for the stated preliminary design report. Department head signature: ~-z~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r,,~31re¢ on all items involving expenditure of funds):  Funding available Y~S/~IO Funding alternative'S-(i'f applicable): Account No. & Description: '.-/i--/i -: ~-~-i t Account Balance: I~L'~0, City Manager Review: Approved for agenda: ~}NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved AGENDA # I (!) SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD CONSULTING SERVICES WORK ORDER 2002-1 DATE: January 17, 2002 WORK ORDER No. 2002-1 FOR CONSULTING SERVICES: Engineering for preliminary design report for the expansion of the WWTF reclaimed water system to 24 mgd. BACKGROUND The South Central Regional Wastewater Treatment and Disposal Board (SCRWT&DB) treatment facility is a 24-million gallon per day (MGD) complete mix activated sludge treatment process that serves the Cities of Boynton Beach and Delray Beach. The present facility has a permitted reuse capacity of 10 MGD. It is the goal of the SCRWT&DB to expand the reuse system to 100% of its permitted wastewater treatment capacity. This goal will enable SCRWT&DB to reduce the amount of ocean outfall discharge, reduce Delray Beach and Boynton Beach's dependency on potable water for irrigation purposes and create the potential for obtaining credits that could be used for each Cities' consumptive use permits. This Work Order provides preliminary design engineering services necessary to identify the improvements at the SCRWT&DB facility to produce 24 MGD average daily flow (ADF) of reclaimed water. This Work Order also includes preparation of a South Florida Water Management District grant application and Florida Department of Environmental Protection permit revision application for a 24 MGD reclaimed water facility. SCOPE OF SERVICES CONSULTANT shall perform the engineering Scope of Services as described herein: TASK 1 - PRELIMINARY DESIGN REPORT The CONSULTANT shall prepare a preliminary design report presenting the existing process systems and improvements needed to increase the reclaimed water facility at the WWTF to 24 MGD ADF. The design report shall address all elements of the existing facility that will require upgrades and/or additions to provide 24 MGD ADF of reclaimed water. Key elements to be designed and evaluated include piping, filters, pumping facilities, additional storage/equalization of both secondary effluent and reclaimed water, chlorine contact, chemical/feed storage, electrical, instrumentation and control additions, and appurtenances. The preliminary design report shall include improvements necessary for those facilities within the property lines of the SCRWT&DB WWTF site. All facilities outside of the WWTF site (i.e., distribution system piping, ocean outfall and dechlorination facility modifications, additional off-site distribution pump stations and reclaimed water storage, existing and additional customer connections) are not included in this Scope of Services. CONSULTANT may provide services associated with identifying necessary facility R4SCRWTDBiReuset24mgdSCOPE Page I of 4 improvements outside of the WWTF property lines as additional services with additional compensation as negotiated between the CONSULTANT and SCRWT&DB. The preliminary design report shall also include preliminary drawings of the proposed facilities, design criteria, permitting requirements, preliminary cost estimate, and a preliminary schedule. Soil borings for establishing baseline conditions necessary to proceed with final design will also be obtained and included in the preliminary design report. Draft copies (5 copies) of the preliminary design report shall be submitted to the SCRWT&DB for review. A meeting will be held to discuss review comments and a final report (5 copies) will be submitted within three weeks after receipt of written comments. TASK 2 - SOUTH FLORIDA WATER MANAGEMENT GRANT APPLICATION The CONSULTANT shall prepare a proposal for funding for submission to the SFWMD. This proposal shall follow the general guidelines outlined in the SFWMD application. The intent of the proposal is to solicit funding assistance for construction of the expanded reclaimed water facilities that in turn will assist in reduction of potable water consumption, thereby reducing regional demands on the regional system. It is assumed that a representative will be assigned from the Board to assist in presentation of the proposal, pre-application meeting(s), and other activities such as telephone calls to secure SFWMD funding. The CONSULTANT shall work with the assigned representative and respond to questions as needed. A presentation will be prepared by the CONSULTANT and delivered in the fall to the review/selection committee. This funding request is in addition to and supplements the funding scope included in a previously authorized work order. TASK 3 - FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OPERATING PERMIT REVISION APPLICATION Upon acceptance by SCRWT&DB staff and finalization of the preliminary design report, CONSULTANT shall prepare and submit to the Florida Department of Environmental Protection (FDEP) an operating permit revision application for the proposed 24 MGD reclaimed water facilities at the wastewater treatment facility (WWTF). The application shall include the preparation of an engineering report that has been developed from the final preliminary design report. The engineering report shall primarily include a description of the existing treatment facilities, the basis for process evaluation, a discussion of the evaluation process and a summary of the proposed improvements resulting from the evaluation process. The application will address only those improvements proposed within the property lines of the SCRWT&DB WWTF. All improvements or modifications to facilities outside of the WWTF property lines are not included in the permit revision application. CONSULTANT will provide services associated with identifying facility improvements o~e of the WWTF property lines as additional services with additional compensation as negotiated between the CONSULTANT and SCRWT&DB. R:~SCRWTDB~Reuse~24mgdSCOPE Page 2 of 4 ASSUMPTIONS The Scope of Work described herein is based upon the following: 1. SCRWT&DB shall complete review and provide written comments within two weeks of receipt of documents. SCRWT&DB shall provide copies of all available existing as-built construction drawings for those facilities involved in the work described herein to employ as a preliminary design drawing base for the proposed work. Recognizing that the SCRWT&DB cannot guarantee the accuracy of the drawings for subsequent reuse, CONSULTANT shall verify critical dimensions, equipment and piping orientation, spare electrical conduits, and instrumentation control conduit availability through field observation and measurement. CONSULTANT shall adjust base drawings to reflect the actual as-built dimensions of critical elements. SCRWT&DB shall provide excavation equipment and labor upon request of the CONSULTANT to excavate underground piping, valves, conduit and appurtenances for field verification and measurement of buried items. It is assumed that additional services necessary to expand the existing reclaimed water system will be added as an amendment to this Work Order or as additional Work Orders. Such services may include, but not be limited to, final design, funding assistance, development of salinity barrier, development of user agreements, and construction management. COMPENSATION Proposed labor costs and associated expenses for engineering services included in Work Order 2002-1 are tabulated below and detailed in Attachment A: ENGINEERING SERVICES NOT TO EXCEED FEE Task 1 - Preliminary Design Report $62,400 Task 2 - SFWMD Grant Application $11,200 Task 3 - FDEP Permit Revision Application $15,600 SUB-TOTAL: $89,200 REIMBURSABLE EXPENSES Reimbursable expenses billed in accordance with the $5,000 AGREEMENT GRAND TOTAL: $94,200 R:iSCRWTDBiReuset24mgdSCOPE Page 3 of 4 Fees for basic engineering services and additional services to be based upon approved hourly raw salary rates in accordance with the Agreement for Engineering Services times a 3.00 multiplier. pROJECT SCHEDULE The duration of major work tasks are summarized below: ENGINEERING SERVICES TOTAL TIME (per task) Task 1 - Preliminary Design Report 6 months Task 2 - SFWMD Grant Application (Concurrent with Task 1) 11 months TaSk 3 - FDEP Permit Revision Application 2 month Total Project 11 months AUTHORIZATION The CONSUTLANT may not commence work on any Work Orders approved by the SCRWT&DB without a further written notice to proceed. Approved by: SCRTWT&DB: CONSULTANT: Date: Date: Robert J. Hagel, P.E., Executive Dir. Attest: Gary W. Bors, P.E., Vice President Albert Muniz, P.E., Vice President R:tSCRWTDBtReuset24mgdSCOPE Page 4 of 4 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM J~]-REGULAR MEETING OF FEBRUARY 5~ 2002 GRANT AWARDS FOR HOUSING REHABILITATION CONTRACTS FEBRUARY 1, 2001 This is before the Commission to consider approval of the following housing rehabilitation contracts: $7,140.00 to Horizon Roofing for 3030 Dorson Way $17,487.75 to Preston Construction for 131 NW 6th Avenue · $18,485.00 to Craftsman Plus, Inc. for 611 Angler Drive Funding for the total amount of $43,112.75 for these three grants is available from 118-1924- 554-49.19 (SHIP Housing Rehabilitation). Recommend approval of the housing rehabilitation grant award contracts as outlined above. S.\City Clerk\chevelle folder~agenda memos\CDBG Housing Rehab Award 02 05.02 City of Delray Beach Community Development Division MEMORANDUM TO: THRU: FROM: David T. Harden, City Manager Lula Butler, Director of Community Improvement L. Thomas, Community Development Administrator~ Kenneth DATE: January 29, 2001 SUBJECT: Community Development Division's Housing Rehabilitation Grant Award for three (3) Units ITEM BEFORE CITY COMMISSION Approval is requested for three (3) Housing Rehabilitation grant awards to the lowest responsive bidder(s). This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder, plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabihtation 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 th~s 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 rempients have met all eligibility requirements as spemfied in the approved Polimes and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detmled work write-ups and individual case files are avadable for review ~n the Community Development Division Office. The Community Development Division ~s 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 ~n~house policy was created to hmit awards to the lowest responsible bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goal of completing each rehabilitation activity utilizing the estimated amount of funding required. RECOMMENDATION Staff recommends awarding the bids for three (3) Housing Rehabilitation projects to the verified responsible low bidder(s) and authorizes awards in the following amounts: Case Number 01-039 HR 99-047 HR 00-011 HR Address 3030 Dorson Way 131 NW 6th Avenue 611 Angler Drive Contractor Horizon Roofing Preston Construction Craftsman Plus, Inc. Grant Amount $ 7,140.00 $17,487.75 $18,585.00 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2002-11 SH APPLICANT: Doralis Chang PROJECT ADDRESS: 3030 Dorson Way DATE OF BID LETTERS: December 21, 2001 DATE OF BID OPENING: January 10~ 2002 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. HENRY HAYWOOD HORIZON ROOFING WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION PRESTON CONSTRUCTION IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: BID/CONTRACT AMOUNT: AMOUNT OF BIDS $ 9~400.00 $ $ 10~400.00 $ $ 7,210.00 $ 6~800.00 $ $ $ $ 9,453.00 Horizon Roofing, Inc.. $6~800 bid/contract amount (+ 5% Contingency = $7~140.00) FUNDING SOURCE: SHIP Rehabilitation Program COMMENTS: Account No. 118-1924-554-49.19 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2002-11 SH APPLICANT: Phyllis Gunn PROJECT ADDRESS: 131 NW 6th Avenue DATE OF BID LETTERS: December 21~ 2001. DATE OF BID OPENING: January 10~ 2002 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. HENRY HAYWOOD WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION PRESTON CONSTRUCTION IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: BID/CONTRACT AMOUNT: AMOUNT OF BIDS $ $ $ 20~700.00 $ $ $ $ $ 16~655.00 $ 19~187.00 Preston Construction Co. $16~655 bid/contract amount (+ 5% Contingency = $17~487.75} FUNDING SOURCE: SHIP Rehabilitation Program COMMENTS: Account No. 118-1924-554-49.19 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2002-11 SH APPLICANT: Elaine Coleman PROJECT ADDRESS: 611 Angler Drive DATE OF BID LETTERS: December 21~ 2001 DATE OF BID OPENING: January 10, 2002 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. HENRY HAYWOOD WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: BID/CONTRACT AMOUNT: AMOUNT OF BIDS $ $ $ 17~700.00 $ $ $ $ 18~120.00 $ 15~454.00 Craftsman Plus~ Inc. $17~700 bid/contract amount (+ 5% Contingency = $18~585.00) FUNDING SOURCE: SHIP Rehabilitation Program COMMENTS: Account No. 118-1924-554-49.19 AGENDA REQUEST Request to be placed on: ~ Regular Agenda Special Agenda Workshop Agenda X Consent Agenda Date: January 29, 2002 When: February 5, 2002 Description of item (who, what, where, how much): Case Number Address Contractor Grant Amount 01-039 HR 3030 Dorson Way Horizon Roofing $ 7,140.00 99-047 HR 131 NW 6th Avenue Preston Construction $17,487.75 00-011 HR 611 Angler Drive Craftsman Plus, Inc. $18,485.00 ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of three State Housing Initiatives Partnership (SHIP) Housing Rehabilitation Grant and Contract Award from account #118-1924-554- 49.19 in the amounts of $7,140.00, $17,487.75 and $18,485.00. These grant amounts include a 5% contingency. Department Head Signature: ~ City Attomey Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): >1 Funding available: (~O Funding Alternatives:"'-- (if applicable) "~ Account mo. & Description: ll.~-lq~cl- ~%~\-qq-lq ~V~,r~c~l. ~._0~ Account Balance: :} ~ 3q~ Ll_ot~ City Manager Review: Approved for agenda'S/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved £1TV OF DELHI:IV BEI:I£H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM January 31,2002 City Commission David T. Harden, City Manager Susan A. Ruby, City Attorney Conflict Waiver Writer's D~rect Line: 561/243-7091 Our office has received a request from the firm of Greenberg Traurig to waive a conflict of interest under the Rules of Professional Conduct which regulates the practice of law. Greenberg Traurig represents the Florida Department of Agriculture in the citrus canker litigation in which the City is a party along with other municipalities. Steve Stanford of Greenberg Traurig also represents the City in certain bond matters. Please place the waiver request on the February 5, 2002 consent agenda. Our office recommends that the requested waiver be granted, Please call if you have any questions. Attachment Cc: Barbara Garito, City Clerk Angela Wong, Deputy City Clerk Steve Sanford, Esq. Ja~-31-ZOOZ 01:33pm T flUltl6 2002 T-gO3 P OOZ/OOZ City .'~,m~m~y CiW 200 N.W. D~l~yB~amh, FI., 33444, 3~: ,~,cmfll~wsiver D~ar Ms. P.,uby: Devid C. ~ 01/31/02 THU 13:33 [TX/RI NO 9330] [lTV JIF DELRrlV BErI[H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Writer's Dtrect Line: 561/243-7091 MEMORANDUM January 28, 2002 David T. Harden, City Manager Susan A. Ruby, City Attorney Resolution Regarding Elder Ready Community The City passed Resolution No. 65-01 establishing the Elder Care Task Force. Officer Brown has proposed that Section 2 of Resolution 65-01 be modified to allow more flexibility in the membership. Attached is a revised resolution for your consideration. If it is acceptable to you, please place the resolution on an upcoming City Commission agenda. S A R Attachment CC; Officer Skip Brown Barbara Garito, City Clerk Angela Wong, Deputy City Clerk RESOLUTION NO. / 7- 0.,~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION 2 OF RESOLUTION NO. 65-01 AND ENACTING A NEW SECTION 2 WHICH AMENDS THE MEMBERSHIP POSITIONS OF THE ELDER READY TASK FORCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 7, 2001, the City Commission of the City of Delray Beach adopted Resolution No. 48-01 supporting the Elder Ready Community Program; and WHEREAS, in October of 2001, the City Commission adopted Resolution No. 65-01 establishing an Elder Ready Task Force; and WHEREAS, in order to allow elders to maintain their dignity, security and independence, communities must assess and evaluate their infrastructure and service programs; and WHEREAS, the City Commission of the City of Delray Beach is desirous of receiving input and assistance from a cross section of the community in developing the Assessment and Elder Ready Report. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission, by Resolution No. 65-01, established an Elder Ready Task Force which is charged with preparing an assessment and report on the City's readiness to better accommodate our senior citizens and their way of life. That the Elder Ready Task Force shall consist of fifteen (15) members. Each member of the City Commission shall appoint three members. The Mayor shall appoint the chairperson from the membership. To the extent possible, the membership shall include but not be limited to members who represent Senior Citizens, the Community at Large, the Chamber of Commerce, Florida Silver Haired Legislature, Community Neighbors Helping, Chaplains Association, Hospitals, the Police Department, the Fire Department, and the Parks and Recreation Department of the City. More than one member from any particular group is permitted as long as the task force representation is broad based among those who work with or have knowledge of current elder issues. Section 3. Section 4. Section 5. That this Task Force shall meet at a minimum of once per month or as required. That the City Manager shall provide necessary staff support. That the Elder Ready Task Force shall immediately pursue its assigned task with a target date of accomplishing said task by November 1, 2002. Section 6. That the Elder Ready Task Force shall disband upon the discharge of its assigned task by November 1, 2002, unless otherwise extended by action of the City Commission. PASSED AND ADOPTED in regular session on this the __ day of ,2002. ATTEST: City Clerk MAYOR 2 RES. NO. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSION CITY MANAGER ~ AGENDA ITEM ~' X'-REGULAR MEETING OF FEBRUARY $, 2002 REVIEW OF APPE^L&BLE LAND DEVELOPMENT BOARD DATE: ACTIONS FEBRUARY 1, 2002 Attached is the Report of Appealable Land Use Items for the period January 7, 2002 through February 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. Re£. Agmemo. Appealables 02.05 02 TO: THRU: FROM: SUBJECT: D~x.~T. HARDEN, CITY MANAGER PAUL DORLING, I~IR,IECTOR OF PLANNING AND ZONING /~~SM/~AL~NNER MEETING OF FEBRUARY 5, 2002 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JANUARY 7, 2002 THRU FEBRUARY1, 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 January 7, 2002 through February 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. No appealable items were considered by the Planning and Zoning Board. The following items will be forwarded to the City Commission for action. Recommended approval (7 to 0), of 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 corner of Royal Palm Boulevard and North Federal Highway. · Recommended approval (7 to 0), of a rezoning from GC (General Commercial) in part, RM (Multiple Family Residential-Medium Density) in part, and RL (Multiple City Commission Documentation Appealable Items Meeting of February 5, 2002 Page 2 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. Concurrently, the Board recommended approval of 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. Recommended approval (7 to 0), of the abandonment of the east 20.25 feet of Dixie Highway lying approximately 740 feet south of Gulf Stream Boulevard (2512 North Federal Highway). Recommended approval (7 to 0), of the abandonment of the east 20.25 feet lying approximately 910 feet south of Gulf Stream Boulevard, adjacent to Budget Inn Motel- 2500 North Federal Highway). Recommended approval (6 to 1, Sowards dissenting), of an amendment to the Land Development Regulations Appendix "A" Definitions to add a definition for bedrooms. Recommended approval (7 to 0), of an amendment to the Land Development Regulations Section 4.4.27(C), Open Space and Recreation to add "educational facilities" as an accessory use. Recommended approval (7 to 0), of an amendment to the Land Development Regulations Section 5.3.1(D)(4)(a) regarding appeals of required right-of-way dedications by the Board of Construction Appeals. · Recommended approval (7 to 0), of an amendment to the Land Development Regulations Section 6.1.11 regarding sewer systems. Approved (6 to 0, Dabney-Battle arrived late), a blanket sign package consisting of two freestanding signs and a maximum of 8 flat wall signs for a multi-tennant building for 1200 Park of Commerce (NW 17th Avenue), located at the northeast corner of Lake Ida Road and Congress Avenue within the Delray Park of Commerce. Approved (6 to 0, Dabney-Battle arrived, Eliopoulos stepped down), a request for a color change for Shell Shop, an existing commercial building located on the north side of East Atlantic Avenue, west of Andrews Avenue (1145 East Atlantic Avenue). City Commission Documentation Appealable Items Meeting of February 5, 2002 Page 3 Approved (7 to 0), a request for a color change for the Wideman Building, located at the southwest corner of West Atlantic Avenue and SW 4th Avenue (404 West Atlantic Avenue). Approved (7 to 0), a request for a color change for Lark Apartments, located on the north side of Casuarina Road, between Venetian Drive and Gleason Street (1009 Casuarina Road). Approved with conditions (7 to 0), the architectural elevation plan and landscape plan associated with fa(;;ade changes for 1202 Palm Trail, an existing multiple family apartment building located on the west side of Palm Trail approximately 58' north of Bond Way. Approved (6 to 0, Perez-Azua stepped down), the architectural elevation plan associated with fa(;;ade improvements for Pat's Market, located on the east side of Pineapple Grove Way (NE 2nd Avenue), south of NE 4th Street (337 Pineapple Grove Way). Approved (6 to 1, Sneiderman dissenting), a request to eliminate a previous condition of approval which required either construction of a circular driveway or widening the existing driveway for Amazing Creations Florists, located on the west side of SW 5th Avenue, approximately 420 feet south of West Atlantic Avenue (82 SW 5th Avenue). H. Granted (7 to 0), a fourteen month extension of the site plan (new expiration date of May 6, 2003) for Bethel Evangelical Church, located at the northeast corner of SW 8th Court and SW 8th Avenue. Tabled (4 to 0, Perez-Azua, DeCapito and Sneiderman absent), a request for a flat wall sign for Ben & Jerry's All Natural Ice Cream, located at the northwest corner of East Atlantic Avenue and Andrews Avenue (1155 East Atlantic Avenue). The Board requested that the applicant provide a detail (with dimensions) of the proposed sign. Denied (4 to 0), a request for an 18' high freestanding sign for Ralph Buick, located at the northeast corner of South Federal Highway and Fladell's Way (2501 South Federal Highway). Ko Approved (4 to 0), a request for a color change for Abelenia Properties, an existing commercial building at the southeast corner of East Atlantic Avenue and SE 4th Avenue (400 East Atlantic Avenue). City Commission Documentation Appealable Items Meeting of February 5, 2002 Page 4 Approved (4 to 0), a request for a color change for South Congress Commerce Center, located on the east side of Congress Avenue, north of NW 2nd Street (231 North Congress Avenue). Mo Approved (4 to 0), a request to modify the color scheme for Winterplace PUD, a residential subdivision located at the southeast corner of Military Trail and L-30 Canal. Approved (4 to 0), the architectural elevation plan and landscape plan for Delra~' Beach Teen Center - 505 SE 5th Avenue, located on the south side of SE 4"' Street, between SE 5th Avenue (southbound Federal Highway) and SE 6th Avenue (northbound Federal Highway). Approved (4 to 0), the architectural elevation plan associated with fa(;:ade changes for Parkside Townhomes, a proposed 165-unit townhouse development, located on the east side of Coral Trace Boulevard, approximately 1,100 feet north of West Atlantic Avenue. Approved with conditions (4 to 0), a Class II site plan modification, associated with the conversion of a 1,600 square foot retail bay to a restaurant and establishment of a 365 square foot outdoor dining area for Caf~ Veri Amici, located at the southeast corner of Pineapple Grove Way (NE 2nd Avenue) and NE 2nd Street (189 Pineapple Grove Way). Go Approved with conditions (4 to 0), a Class II site plan modification, landscape plan and architectural elevation plan to allow the enclosure of two covered patio area for offices at Delray Toyota, located at the southwest corner of South Federal Highway and La-Mat Avenue. Approved (6 to 0, Sexton absent), a request for a Certificate of Appropriateness associated with the installation of an awning for Sophie's Choice, an existing commercial building located on the south side of East Atlantic Avenue, east of Swinton Avenue (38 E. Atlantic Avenue). Approved (6 to 0), a request for a Certificate of Appropriateness associated with the addition of canvas awnings for 777 North Ocean Boulevard, a contributing single family residence located on the east side of Ocean Boulevard, south of George Bush Boulevard. Approved (6 to 0), a Class III site plan modification to allow the expansion of the outdoor dining area for Sundy Inn, located at the southwest corner of South Swinton Avenue and SW 1st Street (106 South Swinton Avenue). City Commission Documentation Appealable Items Meeting of February 5, 2002 Page 5 Approved (6 to 0), a request for a Certificate of Appropriateness to allow the addition of a gabled entrance on the rear cottage at the Patrick Lynch Residence, located at the northwest corner of Ocean Boulevard and Nassau Street (226 S. Ocean Boulevard). Approved (5 to 0, Bodker stepped down), a request for a Certificate of Appropriateness associated with the installation of a monument si~n at the Solomon P. Spady House Museum, located on the west side of NW 5"' Avenue, south of Martin Luther King Jr. Drive (170 NW 5th Avenue). By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- February 5, 2002 GULF STREAM BLVD L.3O C4NAL ATLANTIC LOVVSON BOULEVARD N W 2ND,ST & W 2ND ST ! i ! ° I C-15 CANAL S.P.R.A.B.: A. 1200 PARK OF COMMERCE B. SHELL SHOP C. WlDEMAN BUILDING D. LARK APARTMENTS E. 1202 PALM TRAIL F. PA T'S MARKET G. AMAZING CREATIONS FLORIST H. BETHEL EVANGELICAL CHURCH I, BEN & JERRY'S ALL NATURAL ICE CREAM J. RALPH BUICK K. ABELENIA PROPERTIES L. SOUTH CONGRESS COMMERCE CENTER M. WINTERPLACE PUD N. DELRA ¥ BEACH TEEN CENTER 0. PARKSIDE TOWN HOMES P. CAFE VERI AMICl O. DELRAY TO¥OTA H.P.B.: 1. SOPHIE'S CHOICE 2. 777 N. OCEAN BLVD. 3 SUNDY INN 4. PA TRICK LYNCH RESIDENCE 5. SOLOMON P. SPADY HOUSE MUSEUM CITY UU[TS ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2OO2 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM - REGULAR MEETING FEBRUARY 5, 2002 RE-ALLOCATION OF FY 2002 DRUG CONTROL & SYSTEM IMPROVEMENT FUNDS DATE: FEBRUARY 1, 2002 This is before the Commission to consider approval of the re-allocation of FY 2002 Drug Control & System Improvement (DCSI) funds as recommended by the Criminal Justice Commission (cJc). The total FY 2002 funds available for reallocation is $200,000. The proposed use of the federal funds is outlined in the attached letter from the CJC. The Florida Depaxunent of Community Affairs requires that 51% of the local units of government representing 51% of the county's population agree on the allocation of the DCSI funds. Chief Schroeder has reviewed the funding allocations and recommends that the City Commission support the distribution of funds as follows: City of Riviera Beach Civil Drug Court RESTART Program City of West Palm Beach RADAR Project City of Boca Weapons Against Mass Destruction- Coordinated Agency Response Program PBC School District/Workforce Development Board REBUILD Project $44,805 49,380 74,815 31,000 TOTAL $200,000 Recommend approval of the re-allocation of FY 2002 Drug Control & System Improvement funds, and authorize sending the attached letter agreeing to the allocation of these funds. ReflAgmemol l.Re-allocanon of Drug Control & System Improvement Funds.02 05.01 JanuaW 31, 2002 Mr. Clayton Wilder Florida Deparunent of Law Enforcement Office of Criminal Justice Grants Tallahassee, Florida 32308 Dear Mr. Wilder: In compliance with the State of Honda Rule Chapter 9G-16.003(4)(d), the Caty of Delray Beach approves the re-allocation of $200,000 for FY02 Drug Control and System Improvement (DCS1) funds aka as the Byme funds for the following projects m Palm Beach County: City of Rtviera Beach C~VIl Drug Court RESTART Program City of West Palm Beach RADAR Prolect City of Boca Weapons Against Mass Desmacuon- Coordinated Agency Response Program PBC School District/Workforce Development Board REBUII,13 Project $44,805 49,380 74,815 31,000 TOTAL $200,000 I understand that each of these programs will be required to provide them own 25 percent cash match. Sincerely, David W. Schmidt MAYOR Criminal Justice Commission 301 N Ohve Avenue, Suite 1001 West Palm Beach, FL 33401-4705 (561) 355-4943 Suncom 273-4943 FAX (561) 355-4941 E-marl dcunnmg@co palm-beach fl us www pbcgov com/cjc George T Elmore, Chairman Jorge A Domimcis, V~ce Chairman Leo E Noble, Secretary Wendy Sartory Link, Treasurer Executive Director L Diana Cunnmgham Equal Opportumty Aff~rma~ve Action Employer January 29, 2002 To all Palm Beach County Mayors: The Criminal Justice Commission (CJC) serving as the Substance Abuse Advisory Board (SAAB) seeks your approval in the re-allocation of FY02 Drug Control & System Improvement (DCSI) funds aka Byrne funds, in the total federal amount of $200,000. These funds are available as some current grant allocations cannot be expended within the required time period. The CJC voted on January 28, 2002 to recommend that funding be re-allocated as follows in the event that the grant allocations will not be expended during the grant period: SUBGRA//TEE PROJECT TITLE FEDERAL FUNDS RECOMMENDED Cit~ of Riviera Beach Civil Drug Court RESTART Program $44,805 City of West Palm Beach City of Boca Raton Palm Beach County School District/Workforce Development Board Responding Against Delinquency and Recidivism (RADAR) Project Weapons Against Mass Destruction-Coordinated Agency Response Pro§ram Reducing Barriers Utilizing Individual, Local and Direct Services (REBUILD) $49,380 $74,815 $31,000 TOTAL $200,000 The Florida Department of Law Enforcement (FDLE) requires that 51 percent of the local units of government representing 51 percent of the county's population agree on the allocation of these funds. Each program is required to provide their own 25 percent cash match. For your convenience, we have prepared a sample letter for your use. Due to the application deadline, this letter must be received at the Criminal Justice Commission Office, no later than February 12, 2002. Please send the letter to: Criminal Justice Commission Att: Janet Cid 301 N. Olive Avenue, Suite 1001 West Palm Beach, F1 33063 ~ prfnted on recycled paper You could also fax the letter to (561) 355-4941 and send the original by mail. If you should require additional information or have any questions, please contact Ms. Janet Cid, Financial Analyst for CJC at 355~4939. Your immediate attention to this matter is greatly appreciated. Sincerely, L. Diana Cunningham ~ Executive Director, C~JC Cc: Judge Blanc, Chairman, Byrne Grant Committee Mr. George Elmore, Chairman, CJC All Chiefs of Police Janet Cid, Financial Analyst, CJC Mr. Clayton Wilder Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, F1 32308 Dear Mr. Wilder: In compliance with the State of Florida Rule Chapter 9G-16. 003(4)(d), the (city, village or town) approves the re-allocation of $200,000 for FY02 Drug Control and System Improvement (DCSI) funds aka as the Byrne funds for the following projects in Palm Beach County: 8UB(~RANTEE PROJECT TITLE FEDERAL ~8 RECOMMENDED City of Riviera Beach Civil Drug Court RESTART Program $44,805 City of West Palm Beach Responding Against $49,380 Delinquency and Recidivism (RADAR) Project City of Boca Raton Weapons Against Mass $74,815 Destruction-Coordinated Agency Response Program Palm Beach County Reducing Barriers Utilizing $31,000 School District/Workforce Individual, Local and Direct Development Board Services (REBUILD) TOTAL $200,000 I understand that each of these programs will be required to provide their own 25 percent cash match. ~,, "town, village)of/k.~p (,v~cc~ ')~e_~j~. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~, AGENDA ITEM'?'"~'~- - REGULAR MEETING OF FEBRUARY 5, 2002 AWARD OF BIDS AND CONTRACTS FEBRUARY 1, 2002 This is before the City Commission to approve the award of the following bids: o Purchaseiaward to Pierce Manufacturing, Inc./Ten 8 in the amount of $751,154.00 for the replacement aerial apparatus. Funding is available from 501-3312-591-64.20 (Garage/Automotive). Purchase award to CompuServe in the amount of $22,282.00 for the purchase of Citywide Database Server under state contract #250-040-99-1. Funding is available from 441-5111-536-64.11 (Computer Equipment). Bid award to Sanders Company, Inc. in the amount of $69,255.00 for the purchase of three (3) dry pit/submersible sanitary sewerage pumps to be installed in Lift Station No. 1. Funding is available from 442-5178-536-64.90 (Other Machinery and Equipment). Bid award to Altec Industries, Inc. in the amount of $104,181 for the purchase of an Altec Model LRV- 55-AS bucket truck under GSA contract #GS-30F-1028G. Funding is available from 501-3312-519- 64.20 (Garage/Automotive). Purchase award in the amount of $17,165.00 to Data Flow Systems (sole source) for the purchase of Telemetry equipment associated with the replacement of existing telemetry systems site server unit. Funding is available from 441-5143-536454.90 (Other Machinery and Equipment). Contract award to REP Associates, Inc. in the amount of $22,710.34 for Phase II Environmental Assessments on Barwick Road site parcels. Funding is available from 334-3162-541451.10 (Land). Joint bid award with the City of Boynton Beach to multiple responsive bidders for the Fire Department to purchase medical and drug supplies at an estimated annual cost of $91,000.00 for the City of Delray Beach. Funding is available from 001-2315-526-52.20 (General Operating Supplies). Bid award GTE Builders, Inc. for the Community Teen Center in the amount of $303,472.50. Funding is available from 334-6111-572-62.09 for $195,905 (General Construction Fund/Delray Youth Teen Council) and 117-6111-519-63.40 for $108,000 (Recreation Impact Fee/Roller Blade and Skate Board Park). Relommend approval of the above bids and purchases. S:\City Clerk\chevelle folder~agenda memolB~d Memo.02.05 02 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM~?'"2f~- - REGULAR MEETING OF FEBRUARY 5, 2002 AWARD OF BIDS AND CONTRACTS FEBRUARY 1, 2002 This is before the City Commission to approve the award of the following bids: o o ° ° Purchase award to Pierce Manufacturing, Inc./Ten 8 in the amount of $751,154.00 for the replacement aerial apparatus. Funding is available from 501-3312-591-64.20 (Garage/Automotive). Purchase award to CompuServe in the amount of $22,282.00 for the purchase of Citywide Database Server under state contract #250-040-99-1. Funding is available from 441-5111-536-64.11 (Computer Equipment). Bid award to Sanders Company, Inc. in the amount of $69,255.00 for the purchase of three (3) dry pit/submersible sanitary sewerage pumps to be installed in Lift Station No. 1. Funding is available from 442-5178-536-64.90 (Other Machinery and Equipment). Bid award to Altec Industries, Inc. in the amount of $104,181 for the purchase of an Altec Model LRV- 55-AS bucket truck under GSA contract #GS-30F-1028G. Funding is available from 501-3312-519- 64.20 (Garage/Automotive). Purchase award in the amount of $17,165.00 to Data Flow Systems (sole source) for the purchase of Telemetry equipment associated with the replacement of existing telemetry systems site server unit. Funding is available from 441-5143-536-64.90 (Other Machinery and Equipment). Contract award to REP Associates, Inc. in the amount of $22,710.34 for Phase II Environmental Assessments on Barwick Road site parcels. Funding is available from 334-3162-541-61.10 (Land). Joint bid award with the City of Boynton Beach to multiple responsive bidders for the Fire Department to purchase medical and drug supplies at an estimated annual cost of $91,000.00 for the City of Delray Beach. Funding is available from 001-2315-526-52.20 (General Operating Supplies). Bid award GTE Builders, Inc. for the Community Teen Center in the amount of $303,472.50. Funding is available from 334-6111-572-62.09 for $195,905 (General Construction Fund/Delray Youth Teen Council) and 117-6111-519-63.40 for $108,000 (Recreation Impact Fee/Roller Blade and Skate Board Park). Recommend approval of the above bids and purchases. S:\City Clerk\chevelle folder\agenda memo\Bid Memo.02.05 02 ADMINISTRATIVE SERVICES MEMORANDUM TO: David T. Harden, City Manager FROM: ~bert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item City Commission Meeting February 5, 2002 Bid Award - Replacement Aerial Apparatus DATE: January 30, 2002 Action City Commission is requested to approve a bid award to Pxerce MFG, Inc./Ten 8 in the mount of $751,154. The bid award includes the alternate bid for the Sky Arm utili~.ing payment option #2. Funding is available in the Garage account 501-3312-591-64.20 "Automotive". Back~ound Bid specifications for an Aerial truck to replace the 1971 Oshkosh Snorkel were prepared by the Fire Department and were advertised on November 19, 2001. Bid specifications were picked up by eleven vendors. Bids were opened on December 182; two (2) bids were received. Per the attached memorandum from Chief Koen, staff is recommending the bid award to Pierce MFG, Inc./Ten 8 to include the bid alternate for a "Sky Arm" under payment option #2. Under payment option #2, $211,097 would be due at the time the order and the City would receive a prepayment discount of $9,411. The balance would be due in 275 days. The bid award also includes a trade-in allowance of $10,900. Recommendation Staff recommends approval of bid award to Pierce MFG, Inc./Ten 8 in the amount of $751,154 as recommended. Recommendation includes bid alternate for the "Sky Arm", a trade-in allowance of $10,900 and payment option #2. Funding to come from account 501-3312-591-64.20. RAB/tas Cc: Bm Darty Jaclde Rooney Chief Koen City Clerk File u'sweeney/agenda Doc:Bid Award Aerial Apparatus I:ITY OF DELRI:IY BEI:I[H RECEIVED J FI 1 ? 2002 CITY MANAGER FIRE DEPARTMENT DELRAY BEACH SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH  IEM RANDUM · J r~TO: David T. Harden, City Manager 993 FROM: Kerry B. Koen, Fire Chief DATE: January 17, 2002 SUBJECT: Replacement Aerial Apparatus Pursuant to our recent conversation, I asked Becky O'Connor to analyze the fiscal impact of the various pre-payment operations for a 100-foot aerial platform fire fighting apparatus which were received by Purchasing as part of b~d solicitation #2002-07. Two spreadsheets pr6pared by Ms. O'Connor are attached for your rewew. Both Becky and I believe that Option 2 of the Pierce Manufacturing Bid is the best financially on a short- term basis for the City, although Optmns 3 is only a few hundred dollars more as to the net price. Option 3 would allow the City to keep more of its funds in investments throughout majority of the construction period, and make the second and largest payment well into the next fiscal year. To accomplish rather option, the purchase needs to be on the February 12th Commission Workshop Agenda as a Special Meeting agenda ~tem, with contract s~gning on, or about February 15t~. This action will be soon enough to be within the 60 days "price hold" period and it will put the partial payment of Option 2 right at the end of this fiscal year. Action on the 12th of February would also allow us to exercise Option 3. I request your approval to proceed with a bid award for the base unit in the amount of $686,565 and, I also am recommending that we accept the Alternate Bid in the amount of $84, 900 to provide the "articulating" feature, known as "Sky Arm"; accept the trade-in allowance of $10, 900; and take the pre-payment discount in Option 2 in the amount of $9,411. The total umt cost for this apparatus would then be $751,154. This amount is $26,154, or 3.6% above our CIP project estimate, but I feel that it would be well worth it to acquire this additional capablhty and operational flexibility for the C~ty, given the types of construction projects we are now seeing bmlt and those we envision ~n the commumty over the expected service life of the apparatus. This apparatus will replace a 1971 model 85-foot aerial platform. Kerry B. Koen Fire Chief KBK/cls CC: Becky O'Connor w/attachments Jackie Rooney w/attachments Robert Barcinskl w/attachements Attachments' 4 FIRE DEPARTMENT HEADQUARTERS ° 501 WEST ATLANTIC AVENUE ° DELRAY BEACH, FLORIDA 33444 (561) 243-7400 ° SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper CD 0 ~ ~ c5 o 0 0 0 :~ ,~ ',~ 0 0 0 56124~?166 CITY OF DELRAY BEACH 8?5 P01 CITY OF DELRAY BEACH PURCHASE of REAR MOUNT AERIAL PLATFORM FIRE DEPARTMENT BID #: 2002-07 OPEN: 12/18101 AT 3:00 p.m. JAN 02 '02 11:09 AMERICAN LAFRANCE PIERCE MFG.,'INC.rrEN 8 PRE-P. AYMENT.1 UNIT DISCOUNT $ 734,000.00 $13,153.00 $ 686,565.00 $ 9,411.00 PRE-P&YMENT.,2 ALTERNATE TRADE-IN UNIT DISCOUNT etd $ 3,600.00 N/A N/A $. 6,333.00 $ 84,90o.00__ $10,900.00 Bid 2002-07 Jan~b~-O~ 01:32P Ten Eight East I 561 547 6795 P.01 TEN · 8 FIRE EQUIPMENT INC. EAST COAST MEMO DATE: To: From: Copy: Subject: January 7, 2002 Chief Kerry Koen Mike Schneider, Ten 8 Fire Equipment Inc. Office 561 745 21 I7, Cell 561 222 1117, Fax 561 745 8987, E Mail - mjsfiretruck~aol Bid # 2002-07, Chassis Pre-Pay Discount Dear Chief Koen; Per our conversation please see the following information requested on chassis discounts for your Platform Bid #2002-07. 1. Option - Pre pay chassis with-in ten days of order in the amount of $211,097.00 will offer a discount of (9,411.00) 2. Option - Pre pay chassis at completion of chassis in the amount of $211,097.00 sixty days from completion ofunit, will offer a discount of(6,333.00) Expected completion is 240 days from order date on Platform, and 270 days tbr Skyarm. I hope this information will be helpful with your planning. Thank you for your consideration of our products and service. MEMORANDUM TO: FROM: THROUGH: SUBJECT' David T. Harden City Manager Richard Zuccaro MIS Manager Joseph M. o~ Director of Fin-~r~ Purchase of Database Server (Requisibon Number 94104) - February 5, 2002 Commission Agenda Item DATE: January 25, 2002 We are requesting City Commission approval for the purchase of a citywide database server to support public and departmental software applications The City currently has many apphcation databases located on multiple servers. We will also be purchasing new Internet applications that require database services. We are requesting approval to purchase a new database server to consolidate databases on the servers dedicated to this function to achieve better performance, manageab~hty and d~saster and recovery procedures Centralization of database services to one server will also provide cost savings when purchasing back-up and recovery modules and will increase the speed of back-up and recovery times All new applicabons requiring database services will utilize th~s new database server This server will also replace database services being prowded by a 1988 Dell PowerEdge server which is primarily used by the Environmental Services Department Consequently, Richard Hasko has approved funding for the purchase of this new database server in the amount of $22,282.00 to be funded from Water and Sewer account code 441-5111-536-64 11 A budget transfer is being processed to cover this expenditure. This purchase will be made from CompServ, Inc., utilizing pricing under Florida State Contract Number 250-040-99-1. We would request this ~tem be placed on the February 5, 2002 Commission Agenda for approval. GW/sam cc: Richard Hasko, Director of Environmental Services Quote #'133322 Date: 01111102 From: TERRI ROMANO, 800-521-2777 CompServ, Inc. 2325 Ulmerton Rd Ste 16, Clearwater, FI 33762 727-299.9220 FAX 727-299-9420 Page: 1 SPECIAL QUOTA TION PREPARED FOR MONTRI CHAISAKUL DELRAY BEACH CITY AI-I'N: ACCOUNTS PAYABLE 100 NW FIRST AVENUE DELRAY BEACH, FL 33444 561-243-7161 Item Daacriotion Otv Price UM 155618003 PROLI~NT DL580 P3/900 RM 1GB 2 1.00 14040.00 EA P 2MB SVR 189082B21 2GB KIT 4X512 DIMMS EDO ECC PR 1.00 2037.00EA OLIANT ML570 D 158939B21 SMART ARRAY 5304 128 CONTROLLE 1.00 230500 EA R 176496B22 36.4GB HD U160 SCSI HPLUG 3.5L 4.00 505.00 EA P 1.0IN 10000R Cl100016 W2K SVR CD 5U 1.00 855.00 EA FMMI4HR36 CAREPAQ 3YR 9X5 4HR OS ML530 M 1.00 1025.00EA L570 DL580 ALL STOCK IN MIAMI EXCEPT THE SERVER, NO STOCK. ETA NEXT WK FREE GROUND FRT INCL** F_xtended I 14040.00 203700 2305.00 2020.00 855.00 1025.00 Prices and availabdity are subject to change. This document is considered highly confidential and is intended for use by CompServ and client representatives only. CompServ requests that no unauthorized copies be produced. TOTAL: 22282.00 O City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden City Manager C. Danvers Beatty, P.E.'~-"~ ~ /~ Deputy Director of Puhl~Utilities January 29, 2002 Installation of Dry Pit/Submersible Sanitary Sewerage Pumps Sanitary Sewer Lift Station No. 1 Attached is an agenda request, location map and tabulation of quotes for purchase of three dry pit/submersible sanitary sewerage pumps. The pumps will be installed in Lift Station No. 1 and will replace the existing vertical shaft drive pumps. The existing pumps are showing signs of excessive wear, increased maintenance cost, reduced efficiency and are scheduled for replacement. The new pumps are dry pit/submersible design and will require less maintenance than the existing vertical shaft driven pump configuration. Sanders Company, Inc. is the apparent lowest responsive vender with a total proposal of $69,255.00. Based on their proposal and satisfactory performance of past work in the City, we are recommending award of the purchase to Sanders Company, Inc. in the total amount of $69,255.00. Funding will be from Account # 442-5178-536-64.90, Other Machinery and Equipment Please place this item on the February 5, 2002 Agenda for consideration by City Commission. CDB/pd Attachments CC: Richard Hasko, P.E., Director of Environmental Services Robert Bullard, Maintenance Manager City Clerks Office Agenda File \\ESSRV002~Davts\wwdataWlemo\Clty Manager\Sanders Company 012902 doc ... ,, , ~ : .... _,__;: ,. ~ ~-- , . ,,,,_ : , ~ -I,, i ...... :' ~, '- .... : ...... 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' ..........i, 11 / ' ' L. - i , , , " '. ~ ' :---:--:-~ ' , :':~- ......-,-,, -%:? · , , , ,', ~ , ,- ....... . ..... ~ ~ ii O (~ CITY of DELRAY BEACH LIFT STATION NO. 1 DA"m:0,-,5-0: E~AL 8ERVlOE8 DEPARTMENT PUMP REPLACEMENT 434~OUTH~i~NT(3NA~UE, Di~Yi~EACi%i=L~33444 02-200 1 of 1 TO: I 10 COMP/~NY, INC. MONROE S~REET · STUART· FLORIDA )¢997 SOUTHEAST (~61) 220-29~2 (800) 247-0880 FAX (~61} 2!0J088 City of Delray Beach Attn: Clayton Gilbet We are pleased to propose the One (1) - Fairbanks Norf raulically Pump to bs 75 eIler and cas~ required for continuous Existing Fair! ~ea~ rings. them to be fu Fl. I DATE' , 11-15-01 PROJECT. Lift Station ~liowing. model 543ARDL Dry-~lt Submersible pump to physically and hyd- gh existing Fairbanks Morse Model 5414L extended shaft pump. t.P., 1200 rpm, U.L.: listed complete with stainless steel imp- ng wear rings, lO" s~ction x 8" discharge. No piping modifications betallation. Pump roi have 30' power and control cable. 3/60/A60 v., in air, $ 23,085.00 Inks pumps were furnlshsd with stainless steel impeller and casing heee ~ear rings are recommended, however ~ the City does not wish RLshed; deduct $15001,00 total from above price. Total Price $ Shipment 12-la weeks afl Sands~ Company, Inc Standard Tsrn',l subm,sslons ~$ required, th~ny (30) da) 'Upon CredR Approval. eel th,~y (30) Accepted this .,. Purchaser day el Address ! ,, Plus Tax ~i Apphcable F.O.B. ,r receipt of complete approYal or waiver of submittal dats in Ihe Stuart Office ; of Sale. on the reverse s~e o( th~s propo6al, are incorporated m this ~ubm~s~on. If approval of drawing $ lot approval will be allowed. No hold-backs, Cash discounts, or other credits w~l be allowed. Terms days or at start up whichever comes hrsL Accepted this day of By SanOers Ca)mpany. lac By Prepared By Jams e/~ Smith SEE REVERSE ~DE FO~ TERM9 iN~ CONDITIONS Electric Motors of Palm Beach Speclahzed in Soft Starts Pumps & Motors 729 Belvedere Rd. West Palm Beach, FL 33405 Ph. 56].-832-0233 Fax 561-655-8814 To: City of Delray Attn: Robert Bullard Manager. From: Claude Gordon Date: 11/20/01 Price {)uot~ Fairbanks Morse dry pit submersible pump model $434WDL Physically & hydraulically match existing Fairbanks Morse Model $4141 extended shaft pump. · 7~hp;.l~Orpm; 460v: 10" suction x 8" discharg~ 'Pt trap to run continuous in dry pit condition. No piping modification require& Cost $25965.00 14 Weeks delivery time. Thank you, C.i.,ty of Delray Beach Maint~l'tart~e D~viMon SE Pump Tel. Fax, John Veerli~g 954.-781-8434 Maintenance Menager 434 Sc~th Swirlon Ave. Delray Beach, FI.A, 33444 T~I (561) 243-7306 Fax. (561) 243-7344 Please quote o~ lhe f~lowing mate~el, inciucle shipp~g ! handling/delivery and afl othe~ costs. Please ind/ca~e availabdily on these items also** Dry Pit Submemibie Pump, Fairbanks Morse 10" x 8" Model 5434LWD or equiv To replace existing Fairbanks Morse P~,m~ps (Model 5414L) extended shaft pumps at Lilt Station #1. (480 Volts AC, 3 ph) Ory !mt submm'slble pump quoted shall rr~tch bo~ physically and hydraulic, ally, able lo be installed by C~Y I~erso~nel W~h no I~ping changes Pumps ehall be cepaDle or* retorting m a dry pi/no~ suDmerge~ cofxJ~t~n cont~nously, end the motor shall be non ove~ loading through o~ the cu~e. ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item City Commission Meeting February 5, 2002 Bid Award - Bucket Truck DATE: January29,2002 A,~tion City Commission is requested to approve a b~d award to Altec Industries, Inc. in the amount of $104,181 for an Altec model LRV-55-AS bucket truck under GSA contract #GS-30F-1028G. Funding is available in the Garage account 501-3312-519-64.20 "Automouve". Background This request for bid award is made to replace vehicle #714 a 1987 Ford F-700 bucket truck. In addition to the truck being in poor mechanical condition we have been notified that Altec will no longer service vehicles over 15 years old. Recommendation Staff recommends approval of bid award to Akec Industries, Inc. for an Altec model LRV- 55 as bucket truck in the amount of $104,181 under GSA contract #GS-30F-1028G with funding to come from account 501-3312-591-64.20. R/kB/ms Cc: Bill Darty Jackie Rooney Joe Weldon City Clerk File'u:sweeney/agenda Doc:Bid Award Bucket Truck ALTEC INDUSTRIES INCORPORATED WORLD WIDE MANUFACTURER OF: MOBILE HYDRAULIC EQUIPMENT FOR THE UTILITY INDUSTRY, TELECOMMUNICATION iNDUSTRY AND SPECIAL PURPOSE VEHICLES. GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SERV. ICE AUTHORIZED FEDERAL SUPPLY SCHEDULE CATALOG/PRICE LIST FSC GROUP 23 II VEHICLE MOUNTED PERSONNEL LIFTS, DIGGER DERRICKS & CABLE PLACERS. CLASS 2320 CONTRACT PERIOD: AUGUST 1, 1997 THROUGH JULY 31, 2002. CONTRACTOR: ALTEC INDUSTRIES, INC. 210 INVERNESS CENTER DRIVE B'H~AM, ALABAMA 35202 PHONE- 1-888-408-8127 VOICE MAIL FAX - AC-205-458-3838 E-MAIL: harry, house@altec.corn CONTACT: MR. HARRY HOUSE BUSINESS SIZE: LARGE REVISION #2 DATED 2-1-2001 PRICE REVISION #2, EFFECTIVE FEBRUARY 1, 2001 THROUGH FEBRU/~RY 1, 2002 Federal Government Price List with Discount change in Model Number Page 2 ,TEM #A-13 ' (al ALTEC MODEL AN546P AS DESCRIBED ON PAGE A-13 (bi CHASSIS AS SHOWN IN FEDERAL STD # 794 T, TABLE 1, ITEM # 512 TOTAL "GSA' PRICE OPTIONS (FOR THIS ITEM ONLY) EDC1 - Emergency 12volt dc pump INTR - Outrigger boom Interlock [TC- Lower tool circuit ORA - Outrigger down alarms DELIVERY 210 DAYS ITEM #A-16 (a) ALTEC MODEL LB650 AS DESCRIBED ON PAGE A-16 (b} CHASSIS AS SHOWN IN FEDERAL STD # 794 T, TABLE 1, ITEM # 513 TOTAL 'GSA' PRICE OPTIONS (FOR THIS ITEM ONLY) EDC - Emergency 12volt dc pump INTR - Outrigger boom Interlock LTC - Lower tool clrcult aRA - Outrigger down alarms JELETE T~IIS ITEM DELIVERY 210 DAYS 84.702 750.00 289.00 388.00 199.00 95.984 750.00 289.00 388.00 199.00 ITEM #A-19 (a) ALTEC MODEL AMoSOOMH AS DESCRIBED ON PAGE A-19 (bi CHASSIS AS SHOWN IN FEDERAL ' STD # 794 T, TABLE 1, ITEM # 514 WITH ENGINE TORQUE 950 FT. LBS. TOTAL 'GSA' PRICE 119.222 OPTIONS (FOR THIS ITEM ONLY) EDCl - Emergency 12volt dc pump 819.00 INTR - outrigger boom Interlock 457.00 LTC - Lower tool circuit ~8.00 ORA - outrigger down alarms 399.00 DELIVERY 230 DAYS ITEM #A-22 (al ALTEC MODEL D842ABC AS DESCR'IBE0 O1~1 PAGE A-22 (bi CHASSIS AS SHOWN IN FEDERAL STO # 794 T, TABLE 1, ITEM # 513 TOTAL 'GSA' PRICE OPTIONS (FOR THIS ITEM ONLYI INTR - Outrigger boom interlock ORA - Outrigger down alarms ~DIO - Radio controlled derrick ,nsole UHTC tool circuit Upper JUS45 - 45' sheave height DEUVERY 23O DAYS 119.807 457.00 399.00 10.867.00 ' 919.00 3.113.00 ITEM #A-14 (a) ALTEC MODEL AN650P AS DESCRIBED ON PAGE A-14 (bi CHASSIS AS SHOWN IN FEDERAL STD # 794 T, TABLE 1, ITEM # 512 TOTAL 'GSA' PRICE 95.857 OPTIONS (FOR THIS ITEM ONLY) EDC - Emergency 12volt dc pump 750,00 INTR - OUtrigger boom Interlock 289.00 LTC - Lower tool circuit 388.00 ORA - Outrigger down alarms 199.00 DEUVERY 210 DAYS ITEM #A-~I7 ~ (a) ALTEC MODEL LRV-55 AS DESCRIBED ON PAGE A-17 (b} CHASSIS AS SHOWN IN FEDERAL STD # 794 T, TABLE 1, ITEM # 513 TOTAL 'GSA' PRICE OPTIONS (FOR THIS ITEM ONLY) EDC - Emergency 12volt dc pump i INTR - Outrigger boom interlock LTC - Lower tool circuit 388.00 ORA - Outrigger down alarms DELIVERY 210 DAYS ITEM #A-20 (al ALTEC MODEL AM9OOP AS DESCRIBED ON PAGE A-20 (bi CHASSIS AS SHOWN IN FEDERAL STD # 794 T, TABLE 1, ITEM # 514 WITH ENGINE TORQUE 950 FT. LBS. TOTAL "GSA' PRICE 112.580 OPTIONS (FOR THIS ITEM ONLY) EDCl - Emergency 12volt dc pump 819.00 INTR - Outrigger boom Interlock 457,00 LTC - Lower tool circuit 388.00 ORA - Outrigger down alarms 399.00 DELIVERY 230 DAYS ITEM #A-23 (a) ALTEC MODEL D842ABB AS DESCRIBED ON PAGE A-23 (bi CHASSIS AS SHOWN IN FEDERAL STD # 794T, TABLF~I, ITEM # 513 TOTAL 'GSA' PRICE OPTIONS (FOR THIS ITEM ONLY) INTR - OUtrigger boom Interlock ORA - Outrigger down alarms RADIO - Radio controlled derrick console UHTC - Upper tool circuit US45 - 45' sheave height DELIVERY 230 DAYS 120.490 457.00 399.00 10.867.00 919.00 ~,t13.00 ITEM #A-15 (a) ALTEC MODEL AN650MH AS DESCRIBED ON PAGE A-15 (bi CHASSIS AS SHOWN IN FEDERAL STD # 794 T, TABLE 1, ITEM # 513 TOTAL 'GSA" PRICE OPTIONS (FOR THIS ITEM ONLY) EDC - Emergency 12volt dc pump INTR - Outrigger boom interlock ~ LTC - Lower tool circuit :ORA - Outrlg get down alarms DELIVERY 21 O DAYS 100.18~ 457.00 388.00 599.0~ ITEM #A-18 (a) ALTEC MODEL AN755P AS DESCRIBED ON PAGE A-18 (bi CHASSIS AS SHOWN IN FEDERAL STD # 794 T, 'FABLE 1, ITEM # 513 ~OTAL 'GSA' PRICE 92.273 :)PTIONS (FOR THIS ITEM ONLY) fEDC - Emergency 12volt dc pump 750.00 INTR - Outrigger boom interlock 457,00 LTC - Lower tool circuit 388.00 BRA - Outrigger down alarms 399,00 21 0 DAYS ITEM #A-21 (a) ALTEC MODEL AM900-E92 AS DESCRIBED ON PAGE A-21 (bi CHASSIS AS SHOWN IN FEDERAL STD # 807 G, TABLE 1, ITEM # 614 WITH 10 SPEED MANUAL TRANSMISSION AND ENGINE TORQUE 860 FT. LBS. TOTAL 'GSA' PRICE 191.929 OPTIONS (FOR THIS ITEM ONLY) EDC1 - Emergency 12volt dC pump 819.00 INTR - Outrigger boom interlock 457.00 LTC - Lower tool circuit 388.00 ORA - outrigger down alarms 399.00 DELIVERY 260 DAYS 457.00 ' 399.00 10.867.00 919.00 3.113.00 ITEM #A-24 (a) ALTEC MODEL D842ABR AS DESCRIBED ON PAGE A-24 (bi CHASSIS AS SHOWN IN FEDERAL STD # 794 T, TABLE 1, ITEM # 513 TOTAL 'GSA" PRICE OPTIONS (FOR THIS ITEM ONLY) - INTR - Outrigger boom Interlock ORA - Outrigger down alarms RADIO - Radio controlled derrick console ~UHTC - Upper tool circuit _. . US45 - 45' sheave height DELIVERY 230 DAYS prices listed above are In U.S. dollars. City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden City Manager C. Danvers Beatty, P.~ Deputy Director of P~0]'i6 Utih 1-fi~- January 15, 2002 UPGRADE OF EXISTING TELEMETRY SYSTEMS CENTRAL SITE SERVER UNIT www. delra~,esd, com Attached is an Agenda Request as well as a quote for replacement of our existing telemetry systems site server unit. The existing unit is under capacity and does not provide efficient use of the recently completed fiber optic upgrades at the Water Treatment Plant. The new unit will provide direct high speed computer interface with fiber optic units. Other enhancements also include reduced polling loop time, faster response for remote operating units and additional memory capabilities. Replacement of this equipment was included as part of the 2001/2002 Maintenance Division budget. Data Flow Systems is the sole source provider of our telemetry equipment. The total amount of this purchase is $17,165.00. Funding will be from 441-51 ~1~-536- 64.90, Other Machinery & Equipment. If acceptable, please place the item on the February 5, 2002 Agenda for consideration by City Commission. CDB/ped Attachment CCi Richard C. Hasko, P.E., Director of Environmental Services Robert Bullard, Maintenance Manager City Clerk Agenda File \\ESSRV002\Davls\wwdataWlemo~Clty Manager'~Data Flow System 011502 doc To: From Dasd Walker 321-259-4006 01f08/02 10:44 38 Page 2 of 3 ,Sever'by the Award W~nn,ng Cheyenne Beware Quotation Number 020108-01-DW CITY OF DELRAY BEACH Hyper Server Unit Upgrade January 8, 2002 DFS proposes to upgrade the existing central site computer with a Hyper Server Unit (HSU). This HSU will incorporate the Red Hat Linux Operating System and DFS' HyperTAC II SCADA Software. At least one Windows-based desktop computer is required to interface with the HSU. Pricing assumes the city will supply and install all computers required. The minimum desktop computer requirements are listed at the end of this quote. Pricing includes installation and warranty, as well as on-site training in the use of the new system This quotation includes the following: Hyper Server Unit (Fully-Redundant Hot Standby): $12,000.00 The HSU will incorporate a hot-standby feature. Should the primary Hyper Server Module fail, the backup will automatically takeover system operation. (1) NEMA-Grade Steel Enclosure with view-window (2) Modular Backplane (2) Hyper Server Module (2) Network Switch Module (2) Network Fiber Module (2) Power Supply Module (2) RTU Surge Protection Kit (2) Phone Line Surge Protector (2) 7.0 aH Backup Battery (2) Linux Operating System, by Red Hat (1) HyperTAC II SCADA Software 2. CTU Modification (1) Fiber Interface Module (replaces CIM inside the C TU) $1,405.00 3. Services $ 2,260.00 System Generation Load Operating System and HyperTAC II software Transfer existing RTU Configurations into new system Complete in-house simulation of all operating parameters Installation Physical installation of Hyper Server Unit at customer site Switch over and confirm proper operation Warranty One year return-to-factory warranty for defects in materials and workmanship. PLEASE VISIT 04JR WEBSITE {~ ~ datafiowsys corn Data Row Systems, Inc · 659 Eau ~al~e 81vd · Mel3oume, Ronda 32935 · PH 321 259 5009 · FAX 321 259 4006 To From Dawd Walker' 321-259-4006 01/08/02 10.45 24 Page 3 of 3 S~t by the Award W~nnmg Cheyenne I~ware o On-Site System Training $1,500.00 On-site training in the use of new system The training includes a four-hour operational overview immediately following the on-site system installation. A second eight-hour training session will follow anywhere from one to two weeks later. This quotation totals $17,165.00. Prices are F.O.B. job site. Lead time is 120 days ARO. Payment terms are NET 30. This quotation will be honored for 90 days. MINIMUM DESKTOP COMPUTER REQUIREMENTS: Pentium II 400 MHz 128 MB RAM 100 MB Free Disk Space Video: VGA 600 X 800 Monitor: 15" 600 X 800 resolution Sound Card: Any Network' Ethernet 10baseT OS: Windows 95 Browser MMI: Internet Explorer 5 0 PLEASE VISIT OUR WEBSITE {~ w~vw datafk>wsys corn Data Flow Systems, Inc · 659 Eau Galie Bird · Melbourne, Florida 32935 · PH 321 259 5009 · FAX 321 259 4006 www,delrayesd.com City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden Randal L Krejcarek, P.E. 29 Jan 2002 Barwick Road Parcels Proposal for Phase II Environmental Site Assessment Project #2002-003 The attached agenda request is for Commission authorization/approval for Mayor to execute the attached agreement with REP Associates, Inc., for Phase II Environmental Assessments on five of the 11 parcels located in the northwest area of the city in an area noted as the Barwick Road site. Phase I results indicated the need to proceed with Phase II on five of the 11 parcels. REP Associates has agreed to use prices that are part of their contract with Palm Beach School District. The total cost is $ 22,710.34 Funding will be provided from account #334-3162-541-61.10. A map showing the five parcels is enclosed. Please place this item on the 05 Feb 2002 Commission Agenda. Thanks! Enc cc: file S:~EngAdmmV~rojects~OO2~OO2-OO3tOFFICIAL~O5feb2002 agenda memo doc ~002 I AISBOCIATES., INC" ENViRONMeNTAL SCIENTISTS, £NOINE?.RS & Januazy 28, 2002 Randal L. Iireje, arek, P.E. ' City Engine~ City of Delray B~ach Environmental eervioes Deparimem 434 South Swiutou Av~um Dmkay Broach, FL Re: Proposal and Cost Estima~ For Phase H Environmeut'al Site Assessment Parcels 3,02.6, 318, 302.3,322, 302.1 l Dear Mr. Krej c~: The purpose of this le~r is to preset m soope of work and estimated costs for Phase II Environmental Site Assessment~ (ESAs) on five of the 11 parcels included in the proposed hitch school loc~tion. Th~ recommended scope of work for each of the Phase II BSA investigations is based upon findings of Phase I ~SAs conducted for each of the five pa~ce]s (~e results of Phase I ESA investigatidn for the remaining six lots did not rewal r~cognizcd environm=ntal conditions that would require a Phase II ]iSA. Proposal Phase [ ESA follow-up actions are all desiened to collect information and data needed to determine approxim,.te costs for assessmenff~emediation of contimination, if present. Phss~ II ESA repons (in combnstion with the Phase I ESA report~) will be submitted lo you on or before February 13~ 2002. ~s always, REP will work with the City of Delray Beach to meet required deadlines. We have suppli~ a p~r-parcel SCOl~ of work and price for e~h of the five Phase ESAs. The following treble summarizes the recorrtmendations for each parcel. M~mml, ~oddu ~3 I~ Pi'i: (30.'1) 27g-53.55 F×: (30~) ~004 10:04 F~Oi ~00~ Thank you tot con. ting us con;~ing this project. We l~k to~d ~c h~ ~ you soon. S~ely SSOCIATES, ~C. Jm~t M. P~on, P,G, Vi~ Pmsidmt Proposal aod Cost Estlma~ for Phase II P~r~ets 302.6, 318, 3~,~, ~2~ 302,1 ~ of~y ~ch Pmpos~ Hi~ 5e~ol ~ ~p~l N~ January 28, 2002 Page PROPOSAL POSt PHASE Ii ENVIRONMENTAL SITE ASSESSMENTS CITY OF DELRAY BEACH Parcels 302.6, 318, 302,3,322, 302.1 PKOPOSED HIGH SCHOOL SITE Submitted to: ........................................ CRy ofD~Iray/~eaoh Environmental Services Department Total Estimated Cost: Lot 302,6 · Phase II ESA ........................................................................................... $5,889.10 * Phase Ii ESA, Septic Drainfleld ............................................................... $1,2al.43 Lot 318 · Phase II Let 302.3 · Phase H ESA ........................................................................................... $4,213.45 * Phase ii £SA, Septic Dratn~kl .............................................................. $1,241.49 Lot 322 , Phase II RSA ........................................................................................... $~,233.9] Lot 302.1 , Limited Phas~ II ESA ................................................................................. $903,93 Total Projee, t Cost ............................................................................................................ $22,71034 This projmt will be p~rformed under ~e terms ~z~d conditions of tim con, too! between REP Asso;iatos, Inc, a~cl ~he Palm Beach County School Board. $iga~ur~ for Au~hori:a~ion Print Name Dat~ Ptopo~a[ and Cost F.s~imate for Phase il ESAs, Parcels 302.6, ~ 18, 302.3,322, 302.1 City of Del~y Beach Propos~t High School Site REP Proposal Number P3696a lauuary 28, 2002 Page ~007 REP ^SSOOM~T~S, INC. Proposal Number p363ga Client City of Delray Beach EnvlronmentII Services Department Proje~-t Name Phase II ES^, Lot 302.6 DIte 1/21/02 B7 Janet PatImon Page I PhMe Ir Labor Unit Pat. # Unite Cost Pdncil~al 'hour $ a0.00 2 $ ,Sr. Ptoj Mgr hour $ 75.00 2,3 Env. 8cltmtist hour $ 40 00 12 ~min. ~ai~ hour $ 25,00 4 $ ~DD te~nl~an hou~ $ 40,00 2 $ Labor aubtotal $ ODCi Unit Rate # Units MU Co~t Laboratory analysis soils sample $ 544.00 4 1 15 $ GW eample $ 535,50 1 I 15 $ 8o~1 sampling kit day $ 35,00 I 1 $ OVA clay $ 159.00 I 1 $ Photos roll $ 15.00 I I $ MilIIge mlla $ 0.345 76 $ ODC$ ~l,Jbto~l ~hI# II ?ot~ $ Septic ttl;lk Iiborato~' linalylis 160,00 1,725.00 480,00 100.00 80.00 2,,546.00 2,G02.40 615.8,3 ;35 O0 160.00 15.00 3,344.10 t~oll ~mpli $ H~-.00 I 1.15 $ GW iimple $ 535.50 1 1,15 $ 615.83 Total adUlIlonII ¢oIt for se~¢ tank labon,tory InIlyaea $ 1,241,43 ol/~$/o~ !6:0~ FA~ ~008 ProposaJ Number Client Project Name Date By Page p3839a REP A~8OCIATE,.e,. INC, Ci[7 of Delray Beach Environmental Services Department Phase II E~, Lot 318 1/21/02 Janet Petemon 2 Phase ]1 Labor Prinoipal St, ProJ Mgr Environmental ,.e, cientiet Admin. A~sistant CADD technician Labor subtotal ODCe La~rato~/analysis soil GW Photos Mileage hour S 80 00 2 hour $ 75,00 10 hour $ 40.00 g hour $ 25.00 4 hour $ 40,00 2 day S 1,500.00 1 sample $ 344,25 4 sample $ 3,44,25 3 roll $ 15.00 1 mile $ 0.345 75 1.15 t.15 160.00 750,00 360,00 100 00 e0.00 $1,450 00 $1,725,00 $1,583,55 $1,187.66 15 00 25.88 $ 4,537.09 Phase II Total $ 5,987.09 [~009 01/25/02 1~: 0,~ j/ Proposal Number Client Project Name Date By Page REP ASSOCIATES, INC. City of Oelray Beach Environmental'Services Department Phase II ESA, Lot 302.3 1/21/(]2 Janet Petateon 3 P~haae II Labor ..... Unit' Ra~e #units Cost Principal $r, Proi Mgr Environmental scientist Admin, Am~ietant CADD ~e~nni¢ian hour $ 80,00 2 hour $ 75.00 15 hour $ 40,00 9 hour $ 25,00 4 hour $ 40,00, 2 160,00 ,125,00 3~0.00 100.00 80.00 Labor subtotal 1,826.00 ODCe Unit Rate # Units MU Cost Oeoprebe Labom~or,/. analysis ASr so[is pe~ stot soils OW OVA Soil aampJing kit Photos Mileage day $1,500.00 0,5 sample $225.25 1 ~ample $344,25 1 semp~ $~,25 1 day $~ ~.g0 1 day $38.00 1 toll $15.~ 1 m~e $0,~S 7~ 1 16 $ 862,50 1AB 1.15 $ 355.89 1.15 I $ t50.00 I $ ~.00 $ 15,00 $ 26.88 OOCe eubl~)tal $2,388.45 Phase II To~l '~epti~ tank laborat~j soil GW sample $ 544,0{3 1 sample $ 535,50 1 4.213,45 ~.16 $ 625.6O 1.15 $ 615,83 Total addil,~onal cost for septic tank labotatery analyses $1,24t REP A$,.~OCIATES, INC. Propo,sal Number p383ga Client City of Delray Beach Environmental Services Department Project Name Phase II E~A, Lot 322 Dam 1121102 By Janet Paterson Page 4 _Lot 322 -Phase [I Labor Unit Rate # Units Cost Principal ~lour $ 80,00 2 Sr. Proj Mgr hour $ 75.00 8 Env. Soientist hour $ 40.00 9 ,N:lmln. Assistant hour $ 25.00 4 CADD technician hour $ 40,00 2 Labor sub~l ODCm Geol3'ol3e day $1,500.00 0.6 Laboratory analys~s soils sample $242.25 2 GW sample $250,75 1 OVA day $I 60.0~ 1 Soil sampling kit day $35.00 P~otoe roll $15.00 Mileage mile $0.34,5 75 ODCs subtotal 1 1,15 1.15 1 1 600,00 360,00 100,00 80.00 1,300.00 $ 85'2.50 557.18 288.3~ 150.00 35.00 15.00 25.88 $1,933.al Phase II Total $ 3,233.91 15:06 FAX REP AS~OCI^TE$, INC. 'Pmposat Number Client Project Name Date By Page p3639a City of Oelmy Beach Environmental Services Department Phata II ESA, Lot 302,1 1/21/02 Janet Paterson Phase II L~bor Unit Rate # Units Cost Principal .~', P,'oj Mgr Acimin. Assistant CADD ter. hniclan hour $ 80,00 2 hour $ 75.00 4 hour $ 25,00 4 hour $ 40,00 2 Lal3or subtotal 160,00 300,00 100.00 80.00 Laboratory analysis soils sample $114.75 2 ODCa subtotal Llmltad Phase 11 TOtal 1,15 $ $ $ 640.00 263.93 263.93 9O3.93 INTERSTATE 5 MEMORANDUM TO: FROM: THROUGH: DATE: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor C~ Joseph Saffo%~ce Director January 28, 2002 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING FEBRUARY 05, 2002 - BID AWARD - BID #2002-04 MEDICAL AND DRUG SUPPLIES - ANNUAL CONTRACT Item Before Commission: City Commission is requested to make multiple awards to low responsive bidders, below, at an estimated annual cost of $91,000 for the City of Delray Beach. as stated Background: The City of Delray Beach is the lead entity for this joint bid with the City of Boynton Beach. Bids were received on November 28, 2001, from seventeen (17) vendors, all in accordance with City purchasing policies. (Bid #2002-04. Documentation on file in the Purchasing Office). A tabulation of bids is attached for your review. Purchasing met with Richard Ackerman, Paramedic Lieutenant of the City of Delray Beach Fire Department and made changes to last years bid specifications. This year the various groups were changed to incorporate together the corresponding items in each category and to delete the miscellaneous groups which resulted in the award this year to four (4) vendor rather than the amount of seventeen (17) vendors awarded last year. This grouping will make the ordering of the products more productive for the Fire Department and reduce the time spent looking up each item to see which vendor was awarded what item. The group totals listed on the tabulation of bids reflects the total of the unit prices for each item in that group. The Fire Department recommends award to low responsive bidders as listed below per attached memo dated 01/08/02. Recommended Awarded Vendors: Emergency Medical Product PMX Medical Sun Belt Medical/Emergi Source Southeastern Emergency Equipment Group Number: 1, 6 and 7 2 and 5 3 4 Recommendation: Staff recommends award to various vendors as outlined above and highlighted on attached Tabulation of Bids for a total estimated annual cost of $91,000. Funding from City of Delray Beach Fire Department operating budget account code 001-2315-526-52.20. Attachments: Tabulation of Bids Award Recommendations Per Group / Item Memo From Fire Department Cc: Richard Ackerman, Paramedic Lieutenant Delray Municipal Beach City of Boynton Beach [ITY OF I)ELI:II:IY BER£H FIRE DEPARTMENT DELRAY BEACH SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH RNcIk Cc: vendors: Emergency Medical Product PMX Medical Sun Belt Medical/Emergi Source Southeastern Emergency Equipment Groups 1,6 and 7 Groups 2 and 5 Group 3 Group 4 These companies were Iow bid for the groups to be awarded. I have ordered medical products from all these companies in the past with no problems to date. The annual cost of this bid is estimated to be $91,000.00 and will be paid from account code 001-2315-526-52.20. If you have any questions you can reach me at 243-7442 or my home number 732-1369. Richard Ackerman Paramedic Lieutenant Robert Moreland, Division Chief Ellen P. Wickert, Administrative Officer FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Pnnted on Recycled Paper ]993 MEMORANDUM TO: Jackie Rooney, Purchasing Supervisor FROM: Richard Ackerman, Paramedic Lieutenant DATE: January 8, 2002 SUBJECT: Bid #2002-04 Medical and Drug Supplies Joint Bid with City of Boynton Beach After reviewing the tab sheets, I recommend we award the bid to the following City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: DAVID T. HARDEN City Manager FROM: SUBJECT: VICTOR MAJTENYI Acting, Deputy Director of Construction Community Teen Center, P/N 2000-042 Bid Award www. delrayesd corn DATE: JANUARY 29, 2002 Attached is an Agenda Request for City Commission to approve an award of contract to GTE Builders for the construction of interior and exterior improvements to the Community Teen Center building. The scope of work includes an addition of 120sf to the building and remodeling of the interior, including kitchen, restrooms, and multi-use areas. The remodeling consists of new drywall partitions, ceilings, fabrication of cabinetry, interior finishes, and associated modifications to the electrical and HVAC systems. On Thursday, December 20, 2001, the City opened bids for this project with the lowest responsive base bid from GTE Builders at $288,472.50. Four Alternates were included in the bid proposal. They consist of furnishing and installing acoustical sound absorption panels, lumber replacement for damaged roof decking and rafters (applied against the contingency allowance), and re-roofing of the upper level roof. With the altemates, the total evaluated bid is at $303,472.50. A copy of the bid tabulation is attached for your review. Staff recommends City Commission award the contract to GTE Builders in the amount of $303,472.50 (base bid plus alternates) for the construction of the Community Teen Center project, P/N 2000-042. GTE Builders completed the Community Center Addition and Sarah Gleason Park Improvements projects. Funding is available from 334-6111-572-62.09 ($195,905) General Construction Fund/T)elray Youth Teen Council and 117-6111-519-63.40 ($108,000) Recreation Impact Fee/Roller Blade and Skate Board Park. cc: Lula Butler; Director of Community Improvement Joe Weldon; Director of Parks & Recreation Richard Hasko; Director of ESD Randal Krejcarek, City Engineer File 2000-042(A) C ~Documents and Setttngslbauer~Local SettingslTemporary Internet FdeslOLKEI ~agenda memo 02.05 02.doc ~ 888~88 8 ~ I 8 8 8 ~ ~ D 8 ~ g 8 8 8 ~ 8 ii~8 ~ 8 8 8 ~ 8 8 8 8 8 8 8 8 ~ 8 ~>'g 8 ~ ~z __2 _~ S E 5TH AVENUE .............................................. ~ _ / ~OUTHSOUND US. HIGHWAY NO I ~ [ [ t 35' S E. 6TH AVENUE \ / NORTHBOUND U S HIGHWAY NO DAVID ~ ~ ASSO~T~_2, P3~. ~"90 Y~,.lm Bench I2~ Blvd., Suito 205 W~, Palm 3~.~, F133~ I~ (5(51) .f~7-4700 Fax <561) 697~t105 C~ty of De~'"ay Bemr..b. Request to be placed on: x Regular Agenda When: 02/05/02 AGENDA REQUEST Special Agenda Agenda Item No: Workshop Agenda Descriptmn of agenda item (who, what, where, how much): City Commission is requested to approve a bid award to Pierce MFG, Inc./Ten 8 in the amount of $751,154, The bid award includes the alternate bid for the Sky Arm utilizing payment option #2. Funding is available in the Garage account 501-3312-591-64.20 "Automotive". ORDINANCE/RESOLUTION REQUIRED YES/NO Dra~ Attached: YES/NO R¢conunendation: Approval. 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 Availabl O ?Funding altemati'v~ .~c:~ , (if applicable) ~:. Account No. & Description: ....~')f31 - '{~:31 2 - ~C~l (cq - 21 ~ ~ax:'~-~lc~ q~ Account Balance: 5 qS~/¢~-/'q - City Manager Review: Approved for agenda: ~)NO ~ Hold until: Agenda Coordinator Review: Received: Action: Approved/Disapproved AGENDA ITEM NUMBER. AGENDA REQUEST Date: 01-25-02 Workshop Agenda Approval of the purchase of a Citywlde Database Server from Request to be placed on: x Consent Agenda Special Agenda When: 02-05-02 Description of agenda item: CompServ, Florida State Contract Number 250-040-99-1, ~n the amount of $22,282 00 Funding to come from 441-5111-536-64.11. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached. YES YES Recommendation: MIS Manager and Finance Director recommend approval NO NO Determination of Consistency with Comprehensive Plan: n/a City Attorney Review/Recommendation (if applicable): n/a Budget Director Review (required on all items involving expenditure of funds).~ Funding available: Yes x* ' *Once attached budget transfer is processed. Funding alternatives (if apphcable): No Account Number: 441-5111-536-64.11 Account Description: Computer Equipment Account Balance: $22,300.00 City Manager Review: Approved for Agenda: Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved' P.O. # AGENDA REQUEST No. Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Agenda Item Date: January_ 29, 2002 When: February_ 5. 2002 Description of item (who, what, where, how much): Staff requests Commission approval of a purchase from Sanders Company, Inc. for three d_ry pit/submersible sanitary_ sewerage pumps in the amount of $69,255.00. The pumps will be installed in Lift Station No. 1 and will replace the existing pumps. Funding is available from Account # 442-5178-536-64.90, Other Machinery and Equipment. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of purchase from Sanders Company, Inc. Department head signature: ~~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Reviewed _ Funding availabl& YES~I~O · · ~ //~) Funding alternatives Y~/A, Account No. & Description ~.~o~- Account Balance $ / 0 f, on all items involving expenditure of funds): (if applicable) City Manager Review: ~ ~Tx/f Approved for agenda: O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \~ESSRV002\Daws\wwdatah%rms~Agenda RequestsL4gendaReq - Sanders Company 012902 doc Request to be placed on: x Regular Agenda When: 02/05/02 AGENDA REQUEST Special Agenda Agenda Item No: Workshop Agenda Description ofagendaitem (who, what, where, how much): C±ty Commission ±s requested to approve a b±d award to Altec [ndustr±es, Inc. in the amount of $104,181-f'6--~ an Altec model LRV-55-AS bucket t~uck under GSA contract #GS-30F-1028G. Funding ±s available ±n the Garage account 501-3312-519-64.20 "Automotive". ORDINANCE/RESOLUTION REQUIRED Recommendation: Approval. Department Head Signature: Determination of consistency with Compreher City Attorney Review/Recommendation (if a Budget Director Review (required on all iterm of funds): Funding Availabl~O , '~ Funding altemati'w~.~ Account No. & Description: 3- Account Balance: 3 q City Manager Review: Approved for agenda: Hold until: Agenda Coordinator Review: Received: Action: ~S/NO Dra~ Attached: YES/NO sive Plan: ~licable): involving expenditure (if applicable) Approved/] )isapproved AGENDA REQUEST No. Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Agenda Item Date: Janua _fy 15, 2002 When: February_ 5, 2002 Description of item (who, what, where, how much): Staff requests Commission approval of the replacement of the central site server telemetry_ unit. The equipment will be purchased from Data Flow Systems, our sole source provider for telemet~_ equipment. Total amount o£ this purchase is $17,165.00 and will be funded from Account # 441-514~536-64.90, Other Maintenance Equipment. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of purchase from Data Flow Systems. Department head signature: ~, ',~g./,~as,~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review ~qni~ed on all items involving expenditure of funds): Funding availabl~O Funding alternatives ~(~applicable) AccountNo. & Description ~q{ -~lq3-~5~a (0q-qO Oat~r ~(.}a ] ~ Account Balance $1 ~,~003' Approved for agenda: O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved U \wwdata~Forms~Agenda Requests~AgendaReq - Data Flow System 011502 doc Date: 28 Jan 2002 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda When: 05 Feb 2002 Workshop Agenda __,Special Agenda Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to execute agreement with REP Associates, Inc., for Phase II Environmental Assessments on five of the 11 parcels located in an area noted as the Barwick Road site. Department Head Signature: t~~-o~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Y~s~ No Initials: Account Number 334-3162-541-61.10 ~.~ Description Land Account Balance: $ 30,041.00 afl;er transfer Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: ~/No Initials: ~ .~ Hold Until: Agenda Coordinator Review: Received: \XESSRV002\DEPARTMENTSXEngAdmin\Projects\2002\2002-003\OFFICIAL\05feb2002 agenda.doc AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: February 05, 2002 Date: January 28, 2002 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda Description of agenda item: Approval for Bid 2002-04, joint bid with City of Boynton Beach, for the purchase of medical and drug supplies to various vendors at an estimated annual usage of $91,000 for the City of Delray Beach. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Approve award to various vendors for the purchase of medical/drug supplies for the Fire Department at an estimated annual usage of $91,000 per Bid #2002-04 (joint bid with City of Boynton Beach). Funding from account code 001-2315-526-52.20. Department Head S ignatur .~---~~~. ~'~~ Determination of Consistency '~Compr~hensiv~ Pla~:' ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~"~'~ No Funding alternahves: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: e~ Hold Until: (if applicable) No Agenda Coordinator Review: Received: Action: Approved Disapproved AGENDA REQUEST Agenda Item No.: Request to be placed on: DATE: January 29, 2002 ._.x__ Regular Agenda ~ Special Agenda ~ Workshop Agenda When: February 5, 2002 Description of item (who, what, where, how much): Award of contract to the lowest responsive bidder, GTE Builders, in the amount of $303,472.50 (base bid of $288,472.50, plus alternates of $15,000.00) for the construction of exterior and ~nterior improvements to the Community Teen Center building, PiN 2000- 042. The funding for this project w~ll be provided from the following account: Funding Source Delray Youth Teen Council Recreation Impct/Skate Board Park Account Number 334-6111-572-62.09 117-6111-519-63.40 Amount $195,905.46 $108,000.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of contract to GTE Builders for the construction of improvements to th~._~mmu ~ity..T.~en Center, P/.J~.'~00-042. 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):__ availabl~'~O ~-o~ -T'-z.~.~ O...,?...--r~.F- , Funding Funding alternatives (if applicable) Account No. & Description See above Account Balance See above City Manager Review: Approved for agenda~}/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2000-042(A) projects/2000-042/constrct/agenda req 02 05 02 doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ff~- REGULAR MEETING OF FEBRUARY 5, 2002 AWARD OF BIDS AND CONTRACTS FEBRUARY 5, 2002 This is before the City Commission to approve the award of the following bids: Purchase award to Cross Match Technologies, Inc. i'n the amount of $37,802 for the purchase of a complete Livescan Fingerprinting and Palm Capture System. Funding is available from 001-2114-521454.11 (Computer Equipment). 10. Bid award to Hector Equipment Company for two (2) Toro Groundmaster 328 D mowers in the amount of $29,012.07 under Florida State contract 515-630-00-1. Funding is available from 501- 3312-519-64.20 (Automotive). Recommend approval of the above bids and purchases. S:City Clerk\chevelle folder\agenda memos\B~d Memo.02.05.02 Delray Beach olice Department 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-78161993 MEMORANDUM TO: FROM: DATE: SUBJECT: Jackie Rooney Purchasing SupArC~or David Junghan~ Administrative ~ Director January 14, 2002 AGENDA REQUEST Enclosed please find our Agenda Request that supports Requisition #94044, for the purchase of a Livescan Fingerprinting and Palm Capture System for the Crime Scene Unit. The item was approved in the Department's General 2001/02 Budget, and appears in account 001-2115-521-6411. Additionally, you will find the enclosed quote sheet for the item. Mr. Bill Jones of the Cdme Scene Unit, as noted, received the quote from the Printrax Company, over the phone. The Budget had originally approved a 10-Print Reader. However, because the Pdntrax holds the dghts to that system, the pdce of the 10-Print Reader was listed as $131,000.00. Having received that quote, the Crime Scene staff began looking for a comparable system. The Livescan system is comparable, and was selected. As with the 10-Pdnt system, CrossHatch Technologies currently has the dghts to this system. Should you have any questions, or require additional information, please call or e-mail me and I will provide the necessary information. DJ/ Enclosure Oct 30 O] 03:39p cross match tech p. ! C~OS~ October 30, 2001 Sergeant Tom Tustin Delray Beach Police 300 West Atlantic Avenue Delray Beach, FL 33~.4~. Subject: ID1000 F~ngerprinting system Phone (561) 243-7814 FAX: (561) 243-7816 Quote' DLRBCH 103001 Dear Sergeant Tustin: Cross Match Technologies is pleased to submit for your review and consideration, a quote for the Complete Livescan Fingerprinting and Palm Capture System. i have based the prices on the latest FDLE state pricing and I added the Steel cabinet and an Appendix "F" approved pdnter. Our live scan system creates an industry standard EFT file that can be opened by your AFIX Tracker system. Cross Match recommends that both systems be on the same LAN or that you set up a pier to p~er network between them. At this time, we aren't staffed to handle the hardware and cabling for a pier to pier. Our IT department recommends contacting a few of your local computer networking companies to quote this for you. We would be glad to discuss the requirements with whomever you choose to work with. If you would like to get your system installed this year, I can request extended terms of net 60 days so the city wouldn't have an invoice due till next year. Would you be able to issue a PO for the system or do you need to wait until the first of the new year? Based on our discussions I have prepared this quote which includes: 1. A Price Document 2. Special Terms ( to be discussed ) We thank you for the opportunity to estimate your project and extend our commitment to work closely with your team. If you have any quesUons please call me at (office) 561 622-1650, (cell) 561 379-5509, or e-mail 8clinton(d)crossmatch.net Sincerely, Scott Clinton Account Manager P.S. Upon receipt ora Purchase Order we will work with you to fill out and return a Site Survey so we can pre-configure your system before delivery and installation. Cross Match Technologies, Inc. 3860 RCA Boulevard, Suite 6001 Palm Beach Gardens. FL 33410 Tel. (561) 622-1650 - Fax (561) 622-9938 Internet: www. crossmatch.net - E-mail: sales~crossmatch net Oct 30 01 03:3~p cposs match t~ch p.2 ¢ TedmafeBl~ October 30, 2001 Pricing Quote # DLRBCH030301 Qty Product Code Description Price Amount I 925001 Bundled ID100(} 10 Pdnt live scan system (5o0 18,600, 18,600 dpi) with standard desktop Windows 2000 computer I 930002 Annual maintenance for Bundh~d ID1Q00 10 2,605 2~,605 Pdnt live scan system wffh standard desktop Windows 2000 computer I 920043 ID1500 Palm Scenner 7.980 7,980 I 930009 Annual Maintenance for ID1500 1,120 ~ 1 930000 Day Training I domeslJc Implementat;on 1,000: ~ 1 900078 Integrated Steel Cabinet and TS Monitor 3,500 3,500 I 900062 Lexmark FBI-approved Network Printer 2847 2,847 wlduplexer for 2-sidecl printing of fingerprint cards I 900031 ID1000 Supplies kit Std 150 150 Subtotal 37,802 Taxes TOTAL Standard Terms 1. Prices quoted are in US dollars, FOB West Palm Beach, Flodda. 2. Payment terms to be determined. 3. Interest will be charged at a rate of 1.5% per month on all past-due accounts. 4. This quotation does not include taxes, export fees, duties, or export charges. 5. Standard Shipment is 45 days after receipt of Purchase Order for Basic System 6. Cross Match Warranty is for a period of 90 days, depot repair only 7. Prices are valid for 45 days from date of quotation. 8. Quantity pricing is only applicable to purchase quantities within a twelve-month period. 9. Cross Match Technologies, Inc. reserves the dght to modify/change/upgrade parts, products, features, functions or structures at any time, without obligation to notify any person or entity of such revisions and changes. Cross Match Technologies, Inc. 3860 RCA Boulevard. Suite 6001 Palm Beach Gardens. FL 33410 Tel (661) 622-1650 - Fax (561) 622-9938 Interne{' www. crossmatch.net - E-mail: sales~c~ossmatch.ne~ Jan 31 O2 04:27p oross ma~oh 5eoh p.~ January 31, 2002 David Younghans Delray Beach Police 300 West Atlantic Avenue Delray Beach, FL 33444 Subject: Phone FAX: ID1000 Fingerprinting system (561) 243-7852 (561) 243-7816 Dear Mr. Younghans: Please accept this letter as certification that Cross Match Technologies, Inc. is the sole manufacturer of the ID1000 Live Scan Fingerprinting System. We currently do not have any stocking distributors. We thank you for the opportunity to work with you and extend our commitment to work closely with your team. If you have any questions please call me at (office) 561 622-1650, (cell)561 379-5509, or e~mail sclinton~_crossmatch.net. Sincerely, Scott Clinton Account Maria§or Cross Match Technologies, Inc. 3860 RCA Boulevard, Suite 000t Palm Beach Gardens, FL 33410 Tel (5~1) {~22-1~50 - Fax (561) 622-9938 Internet: www.c~ossmai[ch net - E-illell: sale$~ctossmat~h,net DIVISION' INVES (CRIME SCENE) DATE: /a//z/~ / REQUEST FOR PURCHASE ITEMS BUDGETED .~_~d DATE NEEDED 'VENDOR CATALOG NUMBERS LINE QUANTITY ,DESCRIPTION VEN 1 D F G H I RECOMMENDED VENDORS PHONE?-~ · ~'z ~/~',r-o FAX: PHONE: FAX: 4. PHONE: FAX: 5. PHONE: FAX: VENDORS PRICE QUOTATIONS LI~E 1 2 3 4 5 C. D. E F. G. H. I. DATE ORDERED: ORDERED BY: Request to be placed on: X Consent Agenda When: January 22, 2002 Special Agenda Date: January 14, 2(N)2 Workshop Agenda Description of agenda item: This request is for the purchase of a Livescan Fingerprinting system. Equipment was approved for purchase in the 2001/02 General Budget as a 10-Print Reader. However, because of the cost of the 10-Print Reader, $131,000.00, the Livescan system was selected. This item will be used by Crime Scene to more accurately identify fingerprints. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO X YES NO X Recommendation: Approval Department Head Signature: with Determination of Consistency Corn City Attomey Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes X Funding alternatives (if applicable): No Account Number: Account Description: 001-2115-521-6411 $39,69O.OO Account Balance: City Manager Review: Approved for Agenda: Hold Until: No Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: David T. Harden, City Manager ~Robert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item City Commission Meeting February 5, 2002 Bid Award - Toro Groundmaster Mowers DATE: January 29, 2002 Action City Commission is requested to approve a bid award to Hector Equipment Company for two (2) Toro Groundmaster 328D Mowers in the amount of $29,012.07 under Florida State contract #515-630-00-1. Funding is available in the Garage account 501-3312-519-64.20 "Automotive". Back~ound The bid award is requested to replace two (2) 1995 Toro mowers as part of the Parks Maintenance mower replacement program. The projected expected life for these mowers is 5 years. Recommendation Staff recommends approval of a bid award to Hector for two (2) Toro Groundmaster 328D mowers in the amount of $29,012.07 under Florida State contract #515-630-00-1 with funding to come from account 501-3312-591-64.20. RAB/tas Cc: Bill Darty Jackie Rooney Joe Weldon City Clerk Flle:u:sweeney/agenda Doc:Bid Award Toro Groundmaster Mower 1301 I',~.W. THIRD ~TREET; OFER;IELD BEACH, Ft. 33442I FEL' (954i 429-')2b(.~, ~-AX' (g54) 360465/ ! Quotation Provided for City of Delray Beach December 5, 2001 __Qty. 'Model # Description' ...... ~" ,., Unit Price I Extension 2 ea 30626 Toro Grmmdsmaster 328D "$1~6,,7..14.00$J3,428.~ 2 ea 30716 Toro 72" Recyeler Deck 4.711.00 9,422.0.0 2' ea. 30625 .i~)ro Deluxe Seat ' ' - 549.00 .... ..1__,098.00 2 ea,. 30628 Toro Seat Adapter ..... 93.00 186.00 l'2'ea 24-3780 Toyo Weight Kit 249.98 499.96 '. .. ~t-~btotal ............ $44:6'3'3...9.6 [ Less: Florida St}rte Contract Discortot ' ' (15,621.89) ~__~i. 'FOE] .. - .... $29,.012.07 Pricing per Florida State Contract/t515-630-00-1 Effective 1/26/00 - 1/25/02 Provided by: C!LriS Fordney (954) 42%3200 Page 1 of 1 Barcinski, Robert From: Darty, Bill Sent: Tuesday, January 29, 2002 4:03 PM To: Barcinski, Robert Subject: GROUNDMASTER MOWER The Toro Groundmaster 328D mower for $16,714.00 comes without a deck, there are several different decks available and the 72 inch recycler is the choice of our parks department. The Tore weight kit is a safety option that balances the mower with the extra weight of the front deck. If you need more information, please call. I will send a hard copy of this with the back-up material. 1/29/02 Agenda Item No: Request to be placed on: x Regular Agenda When: 02/05/02 AGENDA REQUEST · Special Agenda Workshop Agenda Description of agenda item (who, what, where, how much): City Commission is requested to approve a bid award to Hector Equipment Company fOr two (2) Toro Groundmaster 328D Mowers in the amount of $29,012.07 under Florida State contract #515-630-00-1. Funding is available in the Garage account 501-3312-519-64.20 "Automotive". ORDINANCE/RESOLUTION REQUIRED YES/NO Draft Attached: YES/NO Recommendation: Approval. Department Head Signature: Determination of consistency with Comprehensive Plan: City Attomey Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): City Manager Review: Approved for agenda:~fNO Hold until: Funding Available:~-~O Funding alternatiYes¥-- Account No. & Description: Account Balance: I q-5 ~, Agenda Coordinator Review: Received: Action: Approved/Disapproved (if applicable) MelTIO David Harden, City Manager ~ Lula Butler, Director-Community Improvement January 31, 2002 Request for City Commission Approval of a 28-Foot Finger Pier Located at 425 SE 7 "~ Avenue ITEM BEFORE THE COMMISSION: City Commission approval of modifications to the standards under Section 7.9.8 governing Finger Piers pursuant to Section 7.9.4 (A) of the Land Development Regulations. BACKGROUND: Mr. Robert Woodfin owner of the property referenced above, is requesting a vadance from the City Commission, which would provide for a 3 foot waiver to the maximum 25 feet limitation that these docks are allowed to extend from the seawall. The owners will be constructing a 28 foot dock located in the Intracoastal Waterway that has a clear channel of 300 feet of water. The additional 30 feet is required for each dock to allow boats to be moored safely. The water depth adjacent to the seawall is approximately one foot; at 25 feet, the depth is about two and one half feet; at 28feet out, the depth is approximately 36 inches. The owner has provided a letter putting forth their hardship and the applicant has received approval from the Department of Environmental Protection and Department of The Army Corp. of Engineers. The appropriate documents are attached for your reference. RECOMMENDATION: Staff recommends City Commission approval of this appeal pursuant to Section 7.9.4 (A) of the LDR's standards because this modification will not endanger public safety or welfare and hardship as presented. City of Deimy Beach ATTN: Serome Sanl~ne ! have applied for a pern~-77~t° construct a dock a~ my property at 425 SE 7e Avenue, Delray Beach, F/orid~L This proposed dock extends out~. from the property line. This distance is necessary to reach adequate Water depth. Other docks in this area extend further into the waterway than this proposed dock. The proposed dock will not create any ha,z_rd to navigation. We already have approvals fi'om the ~nt of Environmental Protection and the Array Corps of Engineers. If you require furth~ information, please call 561-272.5546. Shapely, Regulatory Division South Permits Branch 200001329(LP-DEB) DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS WEST PALM BEACH REGULATORY OFFICE 400 NORTH CONGRESS AVENUE, SUITE 130 WEST PALM BEACH, FLORIDA 33401 December 28, 2001 Robert Woodfin 617 Southeast 5th Street Delray Beach, Florida 33483 Dear Mr. Woodfin: This is in reference to your request for a permit for work performed in or affecting navigable waters of the United States. Upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 U.S.C. Section 403) you are authorized: to construct a 18' x 5' wide access dock, 20' x 10' wide terminus, and 2 pilings, within the Intracoastal Waterway, at 425 Southeast 7th Avenue, Delray Beach in Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, in accordance with the plans and conditions which are incorporated in, and made a part of, the permit. In addition, the permittee must comply with the following: 1. The applicant will build the permitted structure so that the decking will be approximately 3' above MHW and spacing between deck boards will be ~". 2. No vessel will be moored so that it encroaches within 30' from the near edge of the ICW. 3. The applicant will adhere to the Standard Manatee Protection Guidelines (attached) during the construction of this project. 4. ~Within 60 days of completion of the work authorized the attached Self-Certification Statement of Compliance must be completed and submitted to the U.S. Army Corps of Engineers (Corps). Mail the completed form to the Regulatory Division, Enforcement Branch, Post Office Box 4970, Jacksonville, Florida 32232-0019." -2- 5. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. It is noted that this authorization is being given based on the position of the structure as located using the X-Y State plane coordinates furnished with the application. Should the completed structure have less clearance to the Federal channel than the coordinates show, the permittee shall be deemed to be in violation of this permit. By accepting this authorization, the permittee agrees to furnish the Corps, at the letterhead address, an As Built Survey of the completed structure(s) including a certified/sealed drawing which includes the X-Y coordinates. This survey shall be furnished within 30 days of completion of the work for verification and acceptance by the Corps. No vessel(s) may utilize the facility prior to acceptance by the Corps. No vessel(s) may utilize the facility prior to acceptance by the Corps. Since a portion of the proposed work is located within the Federal right-of-way for the ICW, a Department of the Army Consent to Easement is also required prior to commencement of construction. By copy of this letter, the proposal is being forwarded to the Corps' Real Estate Division for action on the Consent. The Corps has no evidence that a State permit has been issued; therefore, no work may begin until all required permits are obtained. Enclosed is a Notice of Authorization which, should be displayed at the construction site. When you begin work, you must notify the District Engineer's representative, at the above letterhead address, of: a. The date of commencement of work; b. The dates of work suspensions and resumptions if work is suspended over a week; and; c. The date of final completion. If the work authorized is not completed on or before December 28, 2006, authorization, if not previously revoked or specifically extended, shall cease and be null and void. Please refer to the attached form, Notification of Administrative Appeal Options and Process, concerning your options on acceptance of this permit. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Enclosures copy furnished: Broward Piling, Inc. 1360 NW 13tn Street Pompano Beach, FL 33069 CESAJ-RD-E PO Box 4970 Jacksonville, Florida 32232-0019 Attn: John Dunphy CESAJ-RE-M PO Box 4970 Jacksonville, Florida 32232-0019 Attn: Larry Wright -4- United States Army Corps of Engineers EXPIRES: December 28, 2006 A permit to construct a 18' x 5' wide access dock, 20' x 10' wide terminus, and 2 pilings, within the Intracoastal Waterway, at 425 Southeast 7th Avenue, Delray Beach in Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida. has been issued to: Robert Woodfin C/o: Broward Piling, Inc. 1360 N.W. 13th Street Pompano Beach, Florida 33069 on December 28, 2001 [ 200001329(LP-DEB) / James G. May Colonel, U.S. Army District Engineer Jeb Bush Governor Department of Environmental Protection Southeast District P.O. Box 15425 West Palm Beach, Florida 33416 David B. Struhs Secretary JUL 1 0 2O00 Robert Woodfin 617 SE 5th St. ' Delray Beach, FL 33483 Re' File No.: 50-0167701-001 File Name: Woodfin, Robert Dear Mr. Woodfin: On March 20, 2000, we received your apphcatzon for an exemption to perform the following activities: to construct a 5-foot by 18-foot access dock wzth a 10-foot by 40-foot terminal platform. The project is located in Lake Worth Lagoon (Class III Waters), adjacent to 425 SE 7t~ Avenue (Section 21, Township 46 South, Range 43 East) Delray Beach, Palm Beach County. Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that may be necessary for ~vorks in wetlands or waters of the United States. The kinds of authorization are (1) regulatory authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal authorization. The authority for rewew and the outcomes of the reviews are listed below. Please read each section carefully. Your project may not have qualified for all three forms of authorization. If your project did not qualify for one or more of the authorizations, refer to the specific section deahng with that authorization for advice on how to obtain it. 1. Regulatory Review. -GRANTED The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes (F.S.), Title 62, Florida Administrative Code (F.A.C.), and in accordance with operating agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. Based on the information you submitted, we have determined that your project is exempt from the need to obtain a DEP Environmental Resource Permit under Rule 40E-4.05 l(3)(b), F.A.C. 2. Proprietary Review (related to state-owned lands). -GRANTED The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to review your project under Chapters 253 and 258, F.S., Chapters 18-20 and 18-2 I, F.A.C., and Section 62-343.075, F.A.C. Your project will occur on sovereign submerged land and will require authorization from the Board of Trustees to use pubhc property. As staff to the Board of Trustees, we have reviewed the proposed project and have determined that, as long as it is located within the described boundaries and Is consistent with the attached general consent conditions, the project qualifies for consent to use sovereign submerged lands. Therefore, pursuant to Chapter 253.77, Florida Statutes, you may consider thzs letter as authorization from the Board of Trustees to perform the project. 3. Federal Review (State Programmatic General Permit). -NOT GRANTED Federal authorization for the proposed project is reviewed by DEP pursuant to an agreement between the Department and the U.S. Army Corps of Engineers (Corps). The agreement is outlined in a document titled Coordination ,4greement Between the U S ,4rtny Corps of Engineers and the Florida Department of Environmental "More Protec~on, Less Process" rnnted on reo/ded ~l~er. File Name: Woodfin, Robert FDEP File No. 50-0167701-001 Page 2 Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). As shown on the attached drawings, the proposed project is not consistent with the SPGP program. A copy of your application has been sent to the Corps who may require a separate permit. Failure to obtain their authorization prior to construction could subject you to enforcement action. For further information, contact the Corps directly. The detenninafions in this letter are based solely on the information provided to the Department and on the statutes and rules in effect when the application was submitted. The determinations are effective only for the specific activity proposed. These determinatxons shall automatically expire if site conditions materially change or if the governing statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may result tn a permit being required. In any event, this determination shall expire after one year. This letter does not relieve you from the responsibility of obtaining other permits (federal, state, or local) that may be required for the project. NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS This letter acknowledges that the proposed activity is exempt from ERP permitting requirements under Rule 40E- 4.051 (3)(b), F.A.C. This determination is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this determination automatically becomes only proposed agency action subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Depa,i~nent. The procedures for petitioning for a hearing are set forth in the attached notice. This determination is based on the information you provided the Department and the statutes and rules in effect when the application was submitted and is effective only for the specific activity proposed. This determination shall automatically expire if site conditions materially change or the governing statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. In any event, this determination shall expire after one year. Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed under this determination of exemption have a right to request an administrative hearing on the Department's decision that the proposed activity qualifies for this exemption. Because the administrative hearing process is designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing may result in a final determination that the proposed activity is not authorized under the exemption established under Rule 40E-4.05 l(3)(b), F.A.C. The Department will not publish notice of this determination. Publication of this notice by you'is optional and is not required for you to proceed. However, in the event that an administrative hearing is held and the Department's determination is reversed, proceeding with the proposed activity before the time period for requesting an administrative hearing has expired would mean that the activity was conducted without the required permit. If you wish to limit the time within which all substantially affected persons may request an administrative hearing, you may elect to publish, at your own expense, the enclosed notice (Attachment A) in the legal advertisement section of a newspaper of general circulation in the county where the activity is to take place. A single publication will suffice. If you wish to limit the time within which any specific person(s) may request an administrative .hearing, you may provide such person(s), by certified mail, a copy of this determination, including Attachment A. File Name: Woodfm, Robert FDEP File No. 50-0167701-001 Page 3 For the purposes of publication, a newspaper of general circulation means a newspaper meeting the requirements of sections 50.011 and 50.031 of the Florida Statutes. In the event you do publish this notice, within seven days of publication, you must provide to the following address proof of publication issued by the newspaper as provided in section 50.051 of the Florida Statutes. If you provtde direct written notice to any person as noted above, you must provide to the following address a copy of the direct written notice. Florida Department of Environmental Protection Southeast District Submerged Lands & Environmental Resources Program P.O. Box 15425 West Palm Beach, FL 33416 If you have any questions, please contact Department staff at 561/681-6649. When referring to your project, please use the FDEP file name and number listed above. Timothy Rach Environmental Manager Submerged Lands & Environmental Resources Program Enclosures cc: USACOE- WPB Broward piling, 1360 NW 13'~ St., Pompano Beach, FL 33069 General Consent Conditions 1. No activities other than those set forth in the referenced letter are authorized. Any additional activities on state- owned sovereign submerged lands must receive further consent fi:om the Governor and Cabinet, sitting as the Board of Trustees of the l_ntemal Improvement Trust Fund (hereinafter the "Board") or their properly designated agent. 2. Grantee agrees that all title and interest to all lands lying below the historical mean high water line or ordina.,y high water line are vested in the Board, and shall make no claim of title or interest in said lands by reason of the occupancy or use thereof. 3. Grantee agrees to use or occupy the subject premises for those purposes specified herein, and Grantee shall not permit the premises or any part thereof to be used or occupied for any other purpose or know/ngly permit or suffer any nuisances or illegal operations of any kind on the premises. 4. Grantee agrees to maintain the premises in good condition in the interest of the public health, safety and welfare. The premises are subject to inspection by the Board or its designated agent at any reasonable time. 5. Grantee agrees to indemnify, defend and hold harmless the Board and the State of Florida fi:om all claims, actions, lawsuits and demands arising out of this consent. 6. No failure, or successive failures, on the part of the Board to enforce any provision, waiver or successive waivers on the part of the Board of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Board to enforce the same in the event of subsequent breach. 7. Grantee binds itself and its successors and assigns to abide by the provisions and conditions set forth herein. In the event Grantee fails or refuses to comply with the provisions and conditions of this consent, the consent of nsc may be terminated by the Board after written notice to the Grantee. Upon receipt of such notice, the Grantee shall have thirty (30) days in which to correct the violation. Failure to correct the violations within this period shall result in the automatic revocation of this Letter of Consent. 8. All costs, including attorneys' fees, incurred by the Board in enforcing the terms and conditions of this consent shall be paid by the Grantee. Grantee agrees to accept service by certified marl of any notice required by Chapter 18-14, Florida Administrative Code, at the address shown on page one of this Agreement and further agrees to notif~ the Board in writing of any change of address at least ten days before the change becomes effective. 9. Grantee agrees to assume responsibility for all liabilities that accrue to the sovereign submerged land or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the property during the effective period of this consent. 10. Grantee agrees that any dispute arising from matters relating to this consent shall be governed by the laws of Florida and initiated only in Leon County, Florida. 11. The Letter of Consent associated with these General Consent Conditions as well as these conditions themselves are subject to modification after $ years in order to reflect any applicable changes in statutes, role or policies of the Board or its designated agent. 12. In the event that any part of the structure(s) consented to herein is determined by aTmal adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Grantee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply shall constitute a material breach of this consent and shall be grounds for its immediate termination. Woodfin, Robert 50-.0167701-001 Attachment A STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF DETERMINATION OF EXEMPTION The Department of Envtronmental Protection gives notice that the construction of a 5=foot by 18-foot access dock with an 10-foot by 40-foot terminal platform in Lake Worth Lagoon, adjacent to 425 SE 7'~ Ave., Delray Beach has been determined to be exempt from reqmrements to obtain an environmental resource permit. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Mediation Is not available Ifa timely and sufficient pet~non for an admir~istrative heating is filed, other persons whose substantial interests will be affected by the outcome of the adminIstrative process have the right to petition to intervene in the proceeding, lntervennon will be permitted only at the d~scretion of the presiding officer upon the filing ora motion in comphance with rule 28-106.205 of the Florida Administrative Code. In accordance w~th rules 28-106.111 (2) and 62-110.106(3)(a)(4), petitions for an administrative hearing must be filed within 21 days of publication of the not,ce or receipt of written notice, whichever occurs first. Under rule 62-110.106(4) of the Florida Administrative Code, a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Marl Station 35, Tallahassee, Florida 32399-3000 prior to the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Upon motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect, the Department may also grant the requested extension of time. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that right. A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action; and (g) A statement of the rehef sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed actton. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28-106.301. Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. Complete copies of all documents relating to this determination of exemption are available for public inspection during normal business hours, 8:00 a.m. to 5:00 p m, Monday through Friday, at the Southeast District office, 400 North Congress Avenue, West Palm Beach, Florida. N00'06'18"E 7,3.66' S.E. 7TH AVENUE ,[0 ,5'0 +~ 30 00' 30 46'0/$ r4 2 32' S00'26'59"W 101 ,.34' INTRAC OASTAL WATERWAY 76 OO Date: 1/24/02 Agenda Item No. q3 AGENDA REQUEST Agenda request to be placed on: X Regular When: February 5, 2002 Description of Agenda Item: __ Special __ Workshop __ Consent Request for Modification to Allow 28-Foot Finger Pier - 425 SE 7th Avenue Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Depamnent Head Signature: ~7~ ~ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Altematives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: ~'~ / No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved Memo From: Date: Re: David Harden, City Manager . j~ Lula Butler, Director, Community Improvement January 31,2002 Request for Release of Lien ITEM BEFORE THE COMMISSION: City Commission consideration of a request from St. Matthews Episcopal Church to waive the administrative and recording fees and the interest assessed on vacant land that they have contracted to purchase for parking that will be required in support of their expansion plans. The total interest and fees to be waived is $3,131.17. BACKGROUND: The vacant land acquired by the church is located on SW 3"~ Street and 4th Avenue across from their current property. The City through Code Enforcement abated multiple nuisances and demolished a 3- unit abandoned structure on this property. The liens total up to $5,929.34 as of today, which includes all of the interest an other fees. The City's actual out of pocket costs is $2,798.17. The church is prepared to pay this amount. RECOMMENDATION: Staff is recommending that the Commission approve the request reducing the lien and amount payable to the City from $5,929.34 to $2,798.17. LB:DQ · Page I St. Paul's Episcopal Church 188 South Swinton Avenue Delray Beach, Florida 33444 The Rev. Wflham H. Stokes Rector Telephone: 561/276-4541 Fax: 561/276-0304 Office Emad: stpauldb@aol.com Mustc Line: 561/278-6003 Mustc Dept. Emafl. stpauldb4@aol.com Vtstt oUI' webstte: www. websamtpauls.org January 2, 2002 Ms. Lula Butler Director of Community Improvement 100 NW 1st Avenue Delray Beach, FL 33444 Dear Ms. Butler: St. Matthew's Episcopal Church is purchasing a piece of property located at the northeast quadrant ofSW 4th Avenue and SW 3ru Street, approximately 75 feet x 135.6 feet, in the town of Delray Beach (south 75 feet, west 135.6 feet of Block #39). In researching the property, we have come to find that there are liens against the property by the City of Delray Beach. We are requesting that the city waive all accrued interest and administrative fees to said property. St. Matthew's has been an integral part of the community of Delray Beach and we wish to increase our involvement. The purchase of this piece of property gives us an opportunity not only to expand, but with God's help, enable us to be a better resource to the community. We are a community of faith that believes in being a part of the community at large. Any considerations or assistance that the city could give us to allow this piece of our shared lives to grow and flourish would be greatly appreciated. Thank you for your time and patience in this matter. The Reverend K~ith Johnson Rector St. Matthew's Episcopal Church RECEIVED JAN - 2 2002 COMM. IMP. ADMIN. Date: 1/31/02 Agenda Item No. ~ AGENDA REQUEST Agenda request to be placed on: X Regular __ Special __ Workshop When: February 5, 2002 Description of Agenda Item: Request for Release of Lien for St. Matthews Episcopal Church Consent Ordinance/Resolution Required: Yes / No Draft Attached: Yes ! No Recommendation: Approval Department Head Signature: ~ City Attomey Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda:~ / No ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved TO: THRU: FROM: SUBJECT: DAVI~ T. HARDEN, CITY MANAGER SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST MEETING OF FEBRUARY 5, 2002 - REGULAR AGENDA REVIEW A REQUEST FROM CAFI~ VERI AMICl PURCHASE OF TWO IN-LIEU PARKING SPACES. FOR THE Cafb Veri Amici has submitted a Class ~[! site plan modification for a pizza, sandwich and gelato shop located in the Retail Shops known as Pineapple Town on NE 2nd Avenue (Pineapple Grove Way), at NE 2® Street. The change in use for existing floor area from retail to restaurant will require two (2) additional parking spaces which the applicant is unable to provide on site. Therefore, pursuant to Land Development Regulations (LDR) 4.6.9(E)(3), the applicant is requesting the purchase of two (2) in- lieu of parking spaces in the amount of six thousand ($6,000) dollars each, totaling twelve thousand ($12,000) dollars In addition to the five (5) parking spaces currently provided on site, there is ample street parking available along NE 2® Avenue (Pineapple Grove Way). The Parking Management Advisory Board, at their meeting of December 18, 2001, unanimously recommended approval of the applicant's request. By motion, approve the request by Cafb Veri Amici for the purchase of two in-lieu parking spaces in the amount of twelve thousand ($12,000) dollars. TO: THRU: FROM: SUBJECT: MEETING OF FEBRUARY 5, 2002 - REGULAR AGENDA ESTABLISH THE OFFICIAL CLOSING TIME FOR SANDOWAY LOT TO 9:00 PM. At the City Commission meeting of November 6, 2001 staff was directed to continue monitoring the Sandoway Lot to ascertain utilization between the hours of 8:00 PM and 9:00 PM, to determine if the official lot closing time should be established at 9:00 PM. The original test period was approved by Commission at their meeting of January 16, 2001. Parks and Recreation's Park Rangers monitored the Sandoway Lot in the evenings (approximately 9:30 PM from January through June) and approximately 8:30 PM thereafter. The attached compilation contains the thirteen month period covering January 2001 through January of 2002. Although January of 2001 showed no utilization due to a lack of public awareness, January 2002, through the 27th of the month, shows 57 cars parked. Throughout the test period a total of 637 cars were parked in the lot after 8:00 PM. Additionally, staff requested the Delray Beach Police Department (DBPD) provide any requests for Police assistance during the extended hour to see if it created any issues or inconveniences to the surrounding neighborhood. Of the few reports made during the year long test period, none were related to the extended lot closing time. At their meeting of October 23, 2001 the Parking Management Advisory Board, in a 7 to I vote (Dahlem opposed / Onnen and Costin absent), recommended to establish 9:00 PM as the official closing time of the Sandoway Lot. Additionally, at their meeting of January 22, 2002, as a discussion item, the Board upheld their previous recommendation. By motion, establish the official closing time for Sandoway Lot as 9:00 PM. Attachment: Parking Lot Activity Report ~ January-01 0 February 22 March 21 April 44 May 45 June 51 July 72 August 102 September 108 October 38 November 15 December 62 January-02 57 Total 637 January 2001 -- January 2002 January-02 ~ ~-- ~ W ~ 57 Survey ended Jan 27 December ~~~~ ~ ~ ........ i ~ ~ 62 November ~tB~ 15 12 Days Unrepo~ed October ~ ~ ~ i ~ ~.~ ~ 38 6 Days Unrepo~ed September ~~~~~~~ ~~ 108 August ~ ~~~ ~~~~ 102 July ~~~~~ ~72 ~ ' 45 March ~ ~ 21 Fe~rua. ~ ~ ~ ~ ~ 22 ~pproved ~anua~ ~ / ~o ~ubhc Awareness ~ 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 105 110 115 Number of Cars Parked ~9 O2 01:33p I amPence S. Schmzdt ~1~798~1~ p.~ Beach Property Owners' Association, Inc. P.O. Box 375 Delray Beach, FL 33447 HOURS CITY COMMISSIONERS TO CONSIDER CHANGES IN PARKING ~ FOR ANCHOR AND SANDOWAY PARKS At the Tuesday, February 5th City Commission Meeting, the following two issues, which represent an mf¥ingement of the basic quiet and secttre nature of the neighborhood where you live, will be addressed: #1 - SET CLOSING TIME FOR SANDOWAY PARK BASED ON LENGTHY TEST OF A 9 PM CLOSING TIME. The City Commission has tested thc need for evening parking for over one year. Analyses of parking usage by thc Parking Managcmenl Advisory Board and the Ocean Place Condominium Association reveal minimal or no use oF the parking lot after sunset. Recommendation: Since parking lot is not used after dark, set closing time at sunset as it was prior to the test. #2 - A NEW PROPOSAL HAS BEEN MADE TO KEEP THE ANCHOR PARK LOT OPEN 24 HOURS A DAY TO ACCOMMODATE VEHICLES OF CONTRACTORS DURING THE ESTIMATED BEACH RESTORATION PROJECT PERIOD OF 35 DAYS DURING FEBRUARY AND MARCH. Vehicular and people traffic during nighttime and early morning hours will cause noise and create potential safety concerns disruptive to adjacent residents. Recommendation: If the contractors only require 18 spaces, block off spaces on A 1A closer to the work areas to minimize any noise or safely issue lbr the residents. THERE MAY NOT BE AN OPPORTUNITY FOR PUBLIC COMMENT AT THE FEBRUARY 5Ta MEETING, SO VOICE YOUR OBJECTIONS TO THE CITY COMMISSIONERS AS SOON AS P()SSIBLE FlY MALL, FAX OR E-MAIL. Mail: 100 N.W. Ist Avenue, Delray Beach. FL 33444 Fax Number: 243-7166 E- Mail: Mayor David Schmidt <mayordave56~hotmail.com> Pat Archer <archeremail(~a)aol.com> Jon Levinson <jonlevinson~compuserve.com> AIberta McCarthy <delraycommish~aol.com> Jeff Perlman <kathyandjeff_(~hotmail.com> FOR FURTHER INFORMATION CONTACT THE BPOA (Telephone # 276-2632) & 29 02 01:32p I. aw~ence S. Schm~d~ 5612798816 p.1 Please deliver immed~ately to of' Fax number. Voice number: Fax received from. of: Fax number' Voice number. Mayor David Schmidt Delray Beach 243 7166 Lawrence S Schm~dt 5612798816 5612798812 Date. T~me' Number of Pages Subject' 1/29/02 1 '32 30 PM 2 Anchor Park& Sandoway Parking Lots Message'. Your Honor, The residents of Lanlkal Villas at 320 S Ocean Blvd are oppossed to these proposals, Thankyou, Lawrence Schm~dt, President [IT¥ IIF I]ELRR¥ BER[H DELRAY BEACH AII-AmedcaCity 1993 FROM: 2001 100 N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 561/243-7000 MEMORANDUM David T. Harden, City Manager '"bert A. Barclnski, Assistant City Manager SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING FEBRUARY 5, 2002 APPROVAL OF LICENSE - AGREEMENT - CAUSE EVENTS, INC. DATE: January 29, 2002 Action City Commission is requested to approve a license agreement with Cause Events, Inc for use of the Tennis Center and other City facilities for "Sportsfest 2002" to be held on Saturday, March 23, 2002 from 10:00 a.m. until 11:00 p.m. Back0round Attached is a proposed agreement with Cause Events, Inc. for exclusive use of the Tennis Center and Stadium for "Sportsfest 2002" to be held on March 23, 2002. The agreement is similar to other agreements for use of the Tennis Center and Stadium. Highlights of the agreement are as follows: · Cause Events will be responsible for staging, production, management, promotion, and advertising the event. · Cause Events will be responsible for all concessions. · Cause Events will pay facility rent and will pay costs for utilities, clean up, and Police and Fire overtime. · The City will provide signage and barricading assistance as well as make parking lots available for the event. The event is to include Golden Gloves boxing matches as well as other possible sporting events. Attached is an estimate of revenue and expenses for this event. This is a new event proposed for the Tennis Center and Stadium. Recommendation Staff recommends approval of the proposed license agreement with Cause Events, Inc. for "Sportsfest 2002" to be held on March 23, 2002 from 10:00 a.m. until 11:00 p.m. RAB:tas CC: Brahm Dubin Barbara Garito F/le..u.,sweeney/evenfs Doc..Couse Evenf~ Box/ng MQfch 2002 Print~l on Recycled P~por THE EFFORT ALWAYS MATTERS 5~12552752 DUBIN & ASSOCIATES PAGE 02 Cause Events, Inc. March 23, 2002 Estimated' Income/Expenses Income Rent Facility Fee (2,000 people (~ $.50 pp) Utilities Trash Removal Clean-up City Electrician Flooring ($.35 per sq. ff.) Facility Supervision Police & Fire 3,000.00 1,000,00 500.00 250.00 750.00 250.00 3,500.00 400.00 6,600.00 "'16,2~0.00 Expenses City Electrician Restroom Supplies On & Off'site Signage Trash Removal Labor Police & Fire 250.00 50.00 500.00 250.00 3,000.00 6,600.00 Net Profit $ 5,600._00~ Cause Events, 12/5/01, 10:00 AM EXHIBIT "A" Facility Charge (Ticketmaster) Charge per ticket as follows' Ticket Price Charge $10 & under $ .25 $11 - $15 $ .5O $16 & over $1.00 EXHIBIT B Initials INSURANCE REQUIREMENTS OF THE CITY OF.. DELRAY BEACH FOR AGREEMENT WITH CAUSE EVE,NTS, INC. CAUSE EVENTS, INC. ("CSI") shall not commence ope_rations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561 ) 243-7150. The following insurance coverage shall be required. mo Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute 440 and including Employers Liability coverage, regardless of the size of your firm. CSI further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. Bo Comprehensive commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury, and if items are sold, products and/or liquor liability, in connection with the contractual relationship and activities being done under this agreement. The policy will be endorsed to include the City of Delray Beach and -it's designees named as additional insureds. The insurance will be written on an occurrence basis with the limits of liability not less than $2,000,000.00 combined single limit per occurrence, and as an annual ag~egate, covering bodily injury, property damage and personal injury. Motor Vehicle Liability Insurance covering all vehicles associated with CSI operations to include all owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non- renewal or cancellation. CSI shall furnish to the City. Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, thirty (30) days prior to the holding of the event. If so requested by the City, certified copies of insurance policies will be provided by the CHARITIES. If any of the above coverages expire during the term of this agreement, CSI will provide a renewal certificate at least ten (10) days prior to expiration. Mail to:' City of Delray Beach, Attn. Risk Manager, 100 N.W. Ist Avenue, Delray Beach, Florida. 33444. ~lllennium nizlon&l e~nzs 9S4 S84 10~2 08/17/01 02:~1~ P.OOZ September 17u', 2001 Bralml Dubin JCD Sports Group 2200 Highlaod Ave Defray Beach, FL 33445 Dear Brahm: It was a pleasure meeting with you and Para Gcrig of' the Palm Beach Sports Commission last w~k about the Golden Gloves Invitational Championship and Sports Fest 2002 too be held at the Tennis Cev/ter in Defray o~ March 23'a oF 2002. As ! explained to you at the meeting, there are two factors that have come up that require me to chan~3e the da. to flora January to March. The fimt and foremost is ~at Golden Gloves and USA Boxing have secured international fighters from the Bahamas, Trinidad and'other countries that would only be available in March. The off, er factor is that ! have received a comanitment from a major sponsor for the Mamh date. They are releasing a new product and would use this event in Defray as its launch event. I am very excited about the opportunity in front of us. I b~lieve this will be the first in a serios of boxing matches as well as festivals that we can hold at the Tennis Center. To follow is the out line of what fl~e event will encompass. The event will be a one-day event and an opportmfity for the public not only to be able to watch but in son~ instances participate in c~rtain cwnts My vision is the there will be some type of Tennis Eventffundraiser as well as other interactive sports activities all leading up to tho Golden Gloves and f'mal boxing match. We will also bc having a Coll~-tables and Sports memorabilia show. musical entertainment and food conc~ssions. ] am looking forward to creating and producing what will be one of the best events of it's kind. .BEYOND THE PREDIC.TABI,.E ........... . . , LICENSE AGREEMENT THIS AGREEMENT made this (-/' day of,/~t'i'_,t;',m,q~',,~ 200_ by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to as "City") and CAUSE EVENTS, INC., (hereinafter referred to as "Licensee"). WITNE S SETH: WHEREAS, City owns and controls certain park land upon which is located the Delray Beach Municipal Tennis Center, and hereinafter called "Tennis Center"; and WHEREAS, Licensee has presented to the City that it would like to use the Tennis Stadium and accessways thereto (Tennis Center) for the sole purpose of presenting the event knowm as "Sportsfest 2002" (hereinafter referred to as the Event); and, WHEREAS, the License shall be for the non-exclusive use of the Tennis Center for the event beginning on Saturday, March 23, 2002 at 10:00 a.m. and ending on March 23, 2002 at 11:00 p.m.. Licensee shall be allowed to move in on March 21,200~ after 12:00 p.m. and shall be completely moved out by March 25, 2002 at 6:00 p.m. WHEREAS, for the purpose of this Agreement, the City's designee shall be JCD Sports Group, Inc. or its designee, unless the City notifies Licensee to the contrary; and, WHEREAS, City has determined that it is in the public interest to enter into an agreement with Licensee to put on the event at the Tennis Center. NOW, THEREFORE, it is mutually agreed as follows: 1. Incorporation of Whereas Clauses. That the provisions set forth and the clauses set forth above and commonly referred to as "WHEREAS" clauses are hereby incorporated into the body of this agreement and shall have full force and effect herein. 2. Purpose. The parties agree that Licensee shall promote and produce the Event in a manner which complies with community standards and appeals to the interest of the general public, and use its best efforts to promote this Event at the Tennis Center. Licensee, at its sole cost and expense, shall provide management and personnel experienced in the promotion and production of the Event and for the purpose of supervising and directing Licensee's obligations under this agreement. 3. Licensee's Rights for the Event. Licensee shall have authority, subject to the provisiofis and limitations set forth in this agreement, to enter into contracts or agre. ements to put on the Event. All such contracts shall be negotiated and executed by Licensee in its name and shall not be contracts and obligations of City. All contracts entered into by Licensee shall specifically contain language which provides that City is not a party to such agreement and is not obligated in any manner by any of the terms therein. The Licensee's rights are subject to the rights and limitations and obligations that currently exist between the City and Coca-Cola of Florida. 4. Facilities and Services Provided by Ci .ty. Unless otherwise herein specified, City shall be responsible for, or agrees to provide, the following facilities and production assistance in connection with the conduct of and staging of the Event: (a) (b) (c) (d) (e) (g) (h) (i) (J) (k) use of a stadium court; television tower and platform and all necessary electricity to provide power to the tower and platform throughout the Event; a public address system; parking for boxholders, players, sponsors, ticketholders, press, staff, and volunteers (Licensee to implement, manage and staff parking, including reserved areas); all electrical power and one on-site electrician (all costs and expenses are Licensee's responsibility) for the duration of the Event (hook-ups not included); adequate space for and operation of concessions, retail booths, etc. (Licensee shall place and operate the concessions and retain all revenues from its concessions and retail booths); restroom facilities and supplies; additional courts for pro-am, clinics, etc., as mutually agreed; the use of areas for celebrities, press, press interview, volunteers, officials, ticket office, and VIP hospitality and the use of locker rooms, as mutually agreed. Areas should include tables, chairs, furniture and air conditioning, as mutually agreed; on and off-site directional signage; all necessary permits; mutually agreed upon marketing support of the Event; and 2 (m) (n) 5. The access to utilities to include but not be limited to water/sewer, electric/lighting; reasonable use of the locker room at the Community Center. Staging and Production of the Event. organization, staging, and conduct of the Event will be the responsibility of the Licensee, which responsibilities shall include the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) (1) handling ticket and box office sales; Obtaining an Event Director, all personnel involved in the Event, and the Event participants; Administering the entire Event; Setting up each Event on-site and handling all activities of the Event; Soliciting sponsorship sales and television rights sales for the Event; Handling promotions, advertising, sales, public relations, and program production for the Event; Liaising with the charity beneficiaries selected by Licensee for the Event; Licensee shall be responsible for site clean-up of restrooms and for garbage pick- up; Licensee is responsible for covering courts as set forth in Paragraph 7 if VIP tents are to be set up or if needed to cover courts used for contents; Licensee shall pay for all dumpsters needed for the event; Licensee shall pay for all expenses relating to phone usage by Licensee, including, but not limited to, hook-up, dial tone, and usage charges; Licensee shall handle and be responsible for all security measures concerning the Event, including but not limited to, the box office and ticket sales. 6. Ticketmaster. (a) City, or its designee, shall provide the box office on March 23 from 9:30 a.m. until 11:00 p.m. and one (1) Ticketmaster ticketing machine. The City has entered into an exclusive agreement with Ticketmaster-Florida, Inc. which provides that all tickets must be purchased through Ticketmaster. Furthermore, nothing in this Agreement shall be contrary to any provision in the agreement between the City and Ticketmaster-Florida, if it is' ~le'termined by a 3 court of competent jurisdiction that any provision of this Agreement is contrary to any provision of the agreement between the City and Ticketmaster-Florida, then the provisions found in the agreement between the City and Ticketmaster-Florida shall govern. (b) In full paymen_t for the ticket services, Licensee agrees to City imposing a three percent (3.0%) charge against ticket proceeds where such proceeds are generated through credit card sales and five cents ($.05) per ticket for ticket stock. Licensee agrees to the City collecting a facility charge as set forth in Exhibit "A" per ticket sold for the Event. City acknowledges that no other amounts will be charged to Licensee (other than payment of state sales tax) for ticketing for the Event. (c) City shall pay ninety percent (90%) of all amounts due to Licensee within five (5) working days after the City receives a check from Ticketmaster-Florida, Inc. City shall pay the balance of the remaining ten percent (10%) to Licensee within 60 days after the completion of the Event, less amounts for which refunds have been issued. If Licensee fails to hold the Event as scheduled, Licensee shall be responsible to Ticketmaster-Florida, Inc. for all refunds incurred as a result of the cancellation or rescheduling, up to the face amount of the ticket price per ticket purchased'and refunded plus any additional credit card fees that may be imposed. 7. Installation of Flooring (Excluding Stadium Court). The CITY shall provide, at Licensee's option, up to 10,000 square feet of temporary flooring for the Event, excluding the Stadium Court. Licensee shall be responsible for paying all costs up to and not to exceed tlu:ee thousand five hundred dollars (US$3,500) for installation of the 10,000 square feet of flooring. The City shall be responsible for the actual installation of the floor. If more than 10,000 square feet of flooring is required by Licensee, then Licensee shall pay all costs involved in obtaining such additional flooring and for all costs of installation of the additional flooring. Licensee shall be liable for damage to the courts if such court covering is in place and if the courts are damaged by persons or events that Licensee has a duty to control. 8. Independent Contractor Status. It is understood between the parties that the relationship of City and Licensee is that of an independent contractor. Licensee shall have no authority to employ any person as an employee or agent on behalf of the City for any purpose. Neither Licensee or any person engaging in any work relating to Licensee's rights and obligations set forth herein at the request of or with the consent (whether actual or implied) of 4 Licensee shall be deemed an employee or agent of City, nor shall any such person represent himself to others as an employee or agent of City. Should any person indicate to Licensee or any employee or agent of Licensee, by written or oral communication to Licensee, that the person believes Licensee or an employee or agent of Licensee to be an employee or agent of City, Licensee shall use its best efforts to correct or cause its employee or agent to correct that belief. 9. Compliance with Licensing Requirements. Licensee, prior to commencement of any activities pursuant to the provisions of this agreement, shall comply with applicable federal, state, county and City requirements, laws, rules and regulations and all licensing requirements and receive all necessary permissions, permits, approvals and licenses which are required to perform the activities of producer and promoter as set forth herein. 10. Compliance with Laws. Licensee agrees to comply with all applicable federal, state, county, and local laws and regulations regarding non-discrimination and specifically agrees not to discriminate against any person on the basis of color, race, religion, age, creed, sex, national origin or disability. 11. Concession Rights. The Licensee has the sole and exclusive right to sell or give away food and beverages and any and all other consumables, and to control the concessions referred to above and to approve the sale or give away of the above. Licensee shall not have the right and shall not offer for sale or give away any items reserved to Coca-Cola of Florida by Agreement with the City, nor shall this Licensee confer any rights to revenues for public or private parking. Licensee, its agents or assigns, shall have the limited right to engage in concessions with regard to merchandise. All concessions must be approved 48 hours in advance of scheduled Event by the City or its designee. The CiB, reserves the right to reject the sale of any and all concessions 48 hours before the Event. However, in no event shall the sale of any facsimile of any weapon, silly string, poppers or any similar item be allowed. (This provision may also be enforced by the City Police Department). In addition, Licensee may provide temporary structures at its own expense, for the sale of concession items provided that the size, construction and location of such temporary structures shall not impede the normal and safe flow of vehicular and pedestrian traffic and shall comply with all applicable laws and regulations. In providing the merchandise concession service, Licensee or any person, firm or corporation with whom a contract for such purpose (hereinafter referred as "Concessionaire") shall comply with the following provisions provided, however, that Licensee shall remain ultimately responsible to City for all obligations required of the Concessionaire: (a) Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this concession. - (b) Concessionaire shall not sell or give away or otherwise dispose of any commodity which in the opinion of the City shall cause undue litter. (c) All food, confections, beverages and refreshments, etc. sold or kept for sale shall be first class and quality, wholesome and pure, and in accordance with Department of Health requirements and shall conform to all federal, state, county and municipal laws, ordinances, rules and regulations in all respects. (d) Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fixtures and equipment to City for approval at least one week prior to installation of any items. For the purpose of this agreement, "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. (e) The Concessionaire shall provide all maintenance, repair and service required on all equipment used on the concession. (f) Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or City, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by City. All state health laws and state health department regulations must be strictly complied with. All janitorial services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. (g) Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. (h) If the concession is operated by a person, firm or corporation other than Licensee, such person, firm or corporation shall at all times maintain workers' compensation insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; and provide fire legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be canceled or amended without at least ten (10) days written notice to the Risk Manager of City and shall name City, and its designee, its officers, agents and employees as additional insureds. 12. Utilities and Clean-Up. City shall provide and Licensee shall pay for all utilities which shall include, but not be limited to, electricity, water, sewer, telephone, and trash removal and shall also pay for maintenance and cleanup during and upon completion of the event. City shall pro. vide and Licensee shall pay for at least one male and one female maintenance personnel to insure the restrooms are maintained and kept clean during and after the event'. An estimate of 6 these costs shall be provided by the City's designee to License; provided however that the Licensee shall pay all costs including those in excess of the estimate. 13. Event Personnel and Equipment. Licensee shall provide all personnel needed for the Event, including, but not limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands. Licensee shall be responsible for the installation or removal of any additional staging or sound and/or lighting which is to be utilized for the Event or any other equipment of any type or nature which is needed for the Event. Licensee shall designate a management representative in a timely manner who will coordinate the Event with the City and its designee. Licensee shall be responsible for the costs of City employees such as, but not limited to, a City electrician as may be required for the event. Licensee shall be responsible for the cost of all chair rentals that may be required and the cost of all staging, lighting and sound equipment, except as otherwise stated in this Agreement.. Licensee shall be responsible for the cost of all repairs needed to the tennis center when repairs are not the result of normal wear and tear. Licensee and the City's designee shall perform a '~walk through" before and after the Event. 14. Police~ Securit-v and Emergency Personnel. Licensee agrees to make arrangements with the City Police Department and City's designee to provide for City police personnel which the City determines, in its sole discretion, is necessary for the Event. Licensee shall pay the officers at a rate to be determined by the City based on an analysis of the number of officers available to work the event, the number of officers required by the event and other factors within the sole discretion of the City. Licensee shall, at least thirty (30) days prior to the Event, consult with the Chief of Police or his designee and the City's designee to determine the proper scheduling of security for the Event and the rate that will be applicable for the Event. Also, Licensee shall contact the City Fire Department and the City's designee to make arrangements for Emergency Medical Service personnel to be present at the Event at Licensee's expense. 15. City's Right to Control Premises. City or its designee at all times reserves the right to eject or caused to be ejected from the premises any person or persons violating (or to keep persons from violating) any of the rules or regulations of the Te~mis Center or any city, county, state or federal laws, and neither the CIO', its designee nor of any its officers, agents or employees shall be liable in any manner to Licensee or its officers, agents or employees for any 7 damages which may be sustained by Licensee through the exercise of this right by City or its designee. 16. Parking and Silgnalge. The City shall provide parking spaces on City owned or controlled property for the Event which the City in its sole discretion determines it can make available without adversely impacting other public parking needs. The provision of available public and private parking and parking revenues is subject to the City's reserved rights in all concessions including parking. Licensee shall be responsible for obtaining all additional parking that may be necessary to provide sufficient parking for the Event, including such additional parking as may be necessary in the opinion of the City, in order to ensure adequate parking is provided for the Event. 17. Stage. Licensee shall pay the labor cost to install, remove and maintain the court covers provided by the City for use on the Stadium Court. Such labor cost shall be $0.35 per square foot. Licensee shall be liable for damage to the court if such court covering is in place and if the court is damaged by persons or events that Licensee has a duty to control. Licensee will have access to the existing public address system for use during the Event. 18~ Insurance. Licensee shall obtain insurance at its own cost and expense of the type, nature, and amount and pursuant to the terms which are set forth on Exhibit "B" which is attached hereto and incorporated herein by reference. The City and its designee shall be named additional insureds on all insurance certificates. 19. Right to Enter. City and its designee and authorized agents and employees shall have the right to enter upon the subject premises at any and all reasonable times for the purpose of inspection and observation of Licensee's operation to assure that requirements of this agreement are upheld and that no violations of the rules, statutes, ordinances or regulations have occurred or are occurring. Said inspections may be made by persons identified to Licensee as City employees or City designees authorized for such inspection or may be made by independent contractors engaged by CiD' or its designee. Nothing contained herein shall be deemed a waiver of Licensee's obligation to hold the Event as provided in this Agreement. 20. Conclusion of Performance. All performances shall end no later than 11:00 P.M. unless otherwise approved by the City, or its designee. 21. Alterations. Licensee shall not make any alterations, additions or improvements to the T4nnis Center or any part thereof without the prior approval of City or its,.(le.signee. 22. Notice of Defects. Licensee shall report safety deficiencies or any defects it notices on the premises immediately to City's Risk Manager and the City's designee and shall cooperate fully with City and its designee in the investigation of accidents incurring on the subject premises. 23. Indemnification. Licensee does hereby release and agree to indemnify, defend, save, and hold harmless the City, its designees, officers, agents and employees from and against all claims, actions, causes of action, demand, judgments, costs, expenses, and all damages of every kind in nature incurred by or on behalf of any corporation, person, or governmental authority, whatsoever predicated upon injury or death of any person or loss over damaged property of whatsoever ownership, or copyright infringement arising out of or connected with, directly or indirectly, Licensee's operation pursuant to the terms of this agreement, whether or not the incident giving rise to the injury, death, loss or damage occurs within or without the premises. 24. Release. Licensee acknowledges and agrees that City, its designee, officers, agents and employees assume no responsibility whatsoever for any property placed in the premises provided for herein and City, its designee, officers, agents and employees are expressly released and discharged from any and all liability for any loss, injury, damage, theft, vandalism or other wrongful acts or acts of any kind or nature resulting in damage or loss to persons or property which may sustained by Licensee's use of the premises. Licensee further expressly waives any and all claims for compensation for any and all loss or damages sustained by reason of any defects, deficiencies, or impairment of the electrical or sound equipment, water supply, equipment or wires furnished for the premises or by reason of any loss or impairment of light, current, or water supply which may occur from time to time for any cause, or by reason of any loss or damage sustained by Licensee resulting from fire, water, hurricane, tornado, civil commotion, riot, theft or other acts of God, and Licensee hereby expressly waives all right, claims and demands and forever releases and discharges City, its designee, officers, agents and employees from any and all demands, claims, actions and causes of actions arising from any of the causes aforesaid. 25. Taxes. Licensee shall pay any and all taxes levied on thc property by reason of Licensee's use thereof pursuant to the provisions of this Agreement and on any personal property 9 and improvements belonging to License located on the premises and all applicable sales, use, rental and other taxes which may be levied against its operation. 26. License~ Fees. Licensee shall pay to City for the rights and privileges granted herein Three Thousand Dollars ($3,000.00) plus state sales tax and all taxes as referenced above for the use of the Tennis Center for the Event. One-half of the payment is due upon Licensee signing this Agreement and the balance is due seventy-two (72) hours before the date and time of the scheduled Event, in the form of a cashiers check. These fees are in addition to any other fees or reimbursements of whatever nature required or provided under this Agreement. The License fees paid by Licensee to City shall be forfeited if the Event is cancelled by Licensee. 27. Tennis Center Capacity and Complimentary Tickets. Licensee shall not admit to the Tennis Center a larger number of persons than the approved capacity it will safely accommodate. City shall receive thirty (30) admission tickets at no charge. The location of the thirty (30) ticketed seats shall be mutually agreed upon and the tickets shall be received by the City prior to the public sale date. 28. Advertising Revenue. Licensee shall be entitled to retain all advertising and sponsorship revenues generated by advertisers or sponsors of the Event promoted by Licensee at the Tennis Center; provided, however that the City and its designee have the right to approve all advertising and its location, and to retain all advertising and sponsorship revenues generated by the City and its designee. 29. Failure to Pay. Other than the payments referred to in Paragraph 26 which are to be paid as provided in Paragraph 26, if Licensee neglects to make any other payments to City within ten (10) business days after the day on which the payment is due and owing, Licensee shall pay to City for such privilege, an additional charge of Twenty-Five ($25.00) Dollars per day for each day's delay in payment, retroactive to and beginning with the first day of the delinquency or the City may assess interest at 12% whichever is greater. City's right to assess the penalties for payment made later than the day upon which payment is due and to keep all deposits in the event of cancellation, shall be in addition to its right to terminate the license and its rights to seek all other damages and compensation as permitted by law. 30. Accounting and Right to Audit. Licensee shall provide a complete accounting of all revenues that the City has rights to receive a portion of, in conjunction with the Event, in accordarice with generally accepted accounting principals, when payment is ten~l.ered to the City. 10 City shall have the right to audit and review Licensee's financial records as they relate to or pertain to the Event. 31. Waiver of Breach. Neither the waiver by City or its designee of any breach of the Agreement, condition or provision of this Agreement or the failure of City or its designee to seek redress for violation of or to insist upon strict performance of, any agreement, condition or provision, shall be considered a waiver of the Agreement, condition or provision, or any subsequent breach of any Agreement, condition or provision. No provision of this Agreement may be waived except by written agreement signed by the City and Licensee. 32. Deposit. Upon agreement by the parties, Licensee shall deposit with the CiD, some form of security acceptable to the City to cover the cost of refunding tickets for Events. The security shall be a certified or cashier's check payable to City or a bond executed by a surety or sureties approved by City, naming City as principal and City as obligee, or other security acceptable to the City. The security shall be conditioned upon the faithful performance by Licensee of all of the terms of this Agreement and may also be used to refund ticket sales for the event which did not occur, and such portion as may be due shall be returned to Licensee at the terminatidn of this Agreement, so long as Licensee was not responsible for damages to the Tennis Center, normal wear and tear excepted. 33. Controlling Law. This agreement shall be deemed to be made and shall be in accordance with the laws of the State of Florida which will be controlling in any dispute that arises pursuant to this Agreement. 34. Entire Agreement. This Agreement constitutes the entire agreement between City and Licensee and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. 35. Force Maieure~ Strikes and Unavoidable Causes. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor, materials or services, government restriction (other than City), enemy action, civil commotion, fire, unavoidable casualty, utility disruptions or blackouts, or similar causes or any other causes beyond the control of City. 36. Sublicense and Assignment. Licensee shall not sublicense the subject premises or any phrt thereof or allow the same to be used or occupied by any person or.£or, any other use II than that herein specified, nor assign said Agreement nor transfer, assign or in any manner convey any of the rights or privileges herein granted without the written consent of City. Neither this Agreement nor the rights herein granted shall be assignable or transferable by any process or proceeding in any court, or by attachment, execution, proceedings, insolvency, or bankruptcy either voluntary or involuntary or receivership proceedings. 37. Notice. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: David Harden, City Manager City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 Licensee: Cause Events Inc. 6875 N.W. 15th Street Plantation, Florida 33313 Either party may at any time by giving ten (10) days written notice designate any other person or entity or any other address in substitution of the foregoing to which the notice or communication shall be given. 38. City's Name/Logo The City shall have its name/logo included in all print, radio, and television advertising created by Licensee to promote the Event. 39. Subtitles and Captions. Paragraph headings are for reference purposes only and in the event that such paragraph headings conflict with any of the substantive paragraphs of this Agreement, the paragraph headings shall be disregarded. 40. This Agreement is not effective until signed by the Mayor. 12 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESSES: (Name primed or typed) CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor (Name printed or typed (Name primed or typed) COUNTY OF F,~t'CD'I ~ The foregoing instmrnem was acknowledged bef~c~e me this Yq'[_ day of _~c... , 200~, by [~'[,nccLe~ll ~-~k~tr~l:>O~ as 1-~'r~ct ~:~-.4~- __ (name of officer or agent, title of officer or__agent), of '~-JC a ~.e [u' e,~q-~ )r~ c (name of corporation acknowledging), a Flc~---~ (state or place of incorporation) corporation, on behalf of the corporation. ' He/She is personally known to me or has produced c:ly'~.~. [.,t ~ e (type of identification~-'-i"dentification..~r...~'_ Signature of Person Taking Acknowledgment Name Typed, Primed or Stamped _ ~_,?o__ . F~.~~ 13 MEMORANDUM To: From: Subject: Date: City Commission David T. Harden, City Manager~ Proposed $22,000,000 Line of Credit January 30,2002 The Finance Department has provided an analysis of bids received relative to a $22,000,000 Line of Credit agreement that shall be executed for the purpose of financing the cost of land acquisition with respect to Atlantic High School. The Line of Credit will also fund the City's Beach Renourishment Program as well as parking facility improvements at the Library. Funds will be drawn down as needed for all projects. Draws for land acquisition w~ll be contingent upon the approval of the agreement between the City and Palm Beach County School District The Finance Department recommends SunTrust Bank as the provider of a $22,000,000 Line of Credit. SunTrust has bid a variable rate of 82% of the 30-day Libor plus 53 basis points (adjusted monthly) for a three (3) year term. Libor (London Interbank Offered Rate) is a common rate index used in the field of finance. Based on the current day Libor, the rate would be 2 03%. The agreement will allow for pre-payment at any time without penalty. I concur with their recommendation. A resolution finalizing the details will be forthcoming for Commission approval at the February 12, 2002 workshop. c: R.S. O'Connor, Treasurer MEMORANDUM To: From: Thru: Subject: Date: David T. Harden, City Manager Rebecca ~reasurer Joseph M. S'affe~tor of Finance Proposed $22,000,000 Line of Credit January 30, 2002 Back9round On January 17, 2002, the City Finance Department received bids for the above referenced financing (the "Line of Credit"). The Line of Credit will provide funding the cost of the acquisition of land ($16,500,000). The land will in turn be sold to the Palm Beach County School District to be used for the construction of new schools servicing the Delray Beach area. The Line of Credit will also fund the City's Beach Renounshment program ($4,500,000) as well as parking facility improvements at the Delray Beach Library ($1,000,000). We asked that the banks make their bids based on a 3-year term providing both fixed and variable rates Security The Line of Credit will be secured by a pledge to budget and appropriate on an annual basis from non-ad valorem revenues the amount of debt service due and payable. Prepayment Provisions/Gross-up Provisions The City asked the banks to bid with and without a "pre-payment penalty" as well as with and without a "gross-up provision". The "pre-payment penalty" is a fee charged or a premium paid by the City in the event the City chooses to pre-pay the note. The penalty described by the bidding banks is based upon a formula that basically protects the banks from any loss due to a decrease in the interest rate at the time of pre-payment. If the rates are higher at the time of pre-payment there would be no pre-payment penalty. A "gross-up provision" is a protection for the bank that, in the event of a change in the tax law, the bank would be allowed to increase the rate of the financing to the bank's effective yield. Bid Responses The City received responses from Bank of America, First Union, and SunTrust. (See Attachment A) We asked for rates without penalty and no gross-up language (Option 1), without penalty but with gross-up language (Option 2), with penalty without gross-up language (Option 3), and with penalty with gross-up language (Option 4) for both a fixed and variable rate basis. We received one fixed rate response from SunTrust Bank. SunTrust gave a fixed rate of 3.99% for both Option 2 and Option 4. All three banks gave a response for variable rates based on a formula. First Union bid a rate of 98.25% of the 30-day Libor. SunTrust bid a rate of 82% of the 30-day Libor plus 53 basis points Bank of America bid 59.5% of their prime rate. We applied each formula provided by the banks to their respective index to formulate the rate history for the past year. In addition, we tied each formula to certain economic data to esbmate future rates. The formulas bid by SunTrust and First Union were applied to a Bloomberg 30-day Libor forward curve analysis. The formula bid by Bank of America was applied to prime rate projections developed by bank economists We used the projected rate information and assumed payback of the Line of Credit at the maturity in order to compute the total interest cost for the term of the agreement and then added the legal or out of pocket expenses to determine the total cost to the City (See Attachment B & C). We ran the methodology we used by the City's financial advisors and they concurred. The banks also placed additional conditions with respect to the financing. First Union placed an additional pledge requiring debt service coverage of 1.5x. SunTrust required that any proceeds from the sale of land to Palm Beach County School District must be used to pay back the Line of Credit within 10 working days unless extended by the bank. SunTrust also required that an Interlocal Agreement between the School District and the City be executed in order to draw on $16,500,000 Bank of America placed no additional conditions. Recommendation We recommend (Option 2) the vadable rate financing option for a 3-year term with the "no pre- payment penalty" language and with the "gross up" language offered by SunTrust. This option offers the lowest bid offered by the bidding banks. Even though First Union has a lower initial rate, SunTrust provides us with the lowest overall cost over the term based on our assumptions and with the least conditions. It allows for pre-payment at any time without penalty. We chose the variable rate over the fixed rate due to the fact that we feel that we will pay back the Line of Credit before the fixed rate becomes beneficial. The fixed rate becomes attractive only if we pay back the Line of Credit well into the third year. Steve Sanford, the City's Bond Counsel, is working on a resolution with respect to authorizing the Agreement with SunTrust. This will come under a separate cover. 0=0 Request to be placed on: x Regular Agenda When: 2/5/02 Agenda Item No.: AGENDA REQUEST Date: Special Agenda Workshop Agenda Description of agenda item (who, what, where, how much): rac -- Fl monthly. ORDINA~4CE/ IAESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO gecommand, the above. Recommendation: a resoIu[lon execu=lng the agreement will be recommended for Commission approval at the February 12, 2002 workshop meeting. // \ Determination of Consistency wi~Ch Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director- Review (required of funds): E~jl Funding available: Y / NO Funding alternatives: Account No. & Description: Account Balance: on all items involving expenditure (if applicable) City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM~-REGULAR MEETING OF FEBRUARY 5~ 2002 BID AWARD TO ZOLL MEDICAL CORPORATION/TWO (2) 12-LEAD MONITOR DEFIBRILLATORS FEBRUARYI, 2~2 This is before the Commission to consider approval of a bid award in the amount of $40,150.70, to Zoll Medical Corporation for the purchase of two (2) 12-Lead Monitor Defibrillators for the Fire Department. It is on the regular agenda because the recommendation is to award to the second lowest bidder. The lowest bid was from Medtronics Physio-Control in the amount of $38,914.80; however, the EMS Standards Committee recommends the purchase of the Zoll M Defibrillator. They are recommended over the Medtronics units due to superior energy transfer to the heart at the time of defibrillation, causing less potential damage to the heart muscle. Recommend approval of the bid award in the amount of $40,150.70, to Zoll Medical Corporation for the Fire Department. Funding is available from 001-2315-526-64.90 ($38,562.30) Fire Operations-Ambulance & Rescue Services Other Machinery/Equipment, and from 115-2311-522-64.90 ($1,588.40), Fire-Other Machinery/Equipment. S:~ity Clerk~hevelle folder~gendamemog~BidAward. ZollMedicalCorporation.02 05.02 [lTV I]F DELHI:IV BER[H FIRE DEPARTMENT DELRAY BEACH AIl. Xm~¢a C~ 1993 MEMORANDUM TO: FROM: DATE: SUBJECT: SERVING DELRAY BEACH David Harden, City Manager Kerry B. Koen, Fire Chief · GULFSTREAM · HIGHLAND BEACH January 12, 2002 Recommended Purchase of 12-Lead Monitor Defibrillators 430 The Fire Department was ~rece~ly approved for a $38,562.-7-9- reimbursable county grant through the Palm Beach County Emergency Medical Services Grant Award Program for the purchase of two (2) 12-Lead monitor defibrillators for FY 2001/2002. These units will be used to upgrade both Truck 5 and Engine 4 to Advanced Life Support capabilities ,.as personnel become available to regularly staff these units with 3 personnel. The EMS Division and Training Division utilized the grant application period to field-test two monitor defibrillator models (Zoll M series and Medtronics Physio-Control Life Pak 12). Both monitor defibrillators are currently in use by area departments. Each model was equipped with similar capabilities, such as 12-Lead EKG, pulse oximetry, non-invasive pacing, non-invasive blood pressure monitoring, and Biphasic defibrillation. The current device in use by the Department does not provide for non-invasive blood pressure monitoring and Biphasic defibrillation. '-Non-invasive blood pressure monitoring and Biphasic defibrillation are both recommended by new technology and medical standards adopted by the American Heart Association for Advanced Cardiac Life Support. Upon completion of the field test, the EMS Standards Committee met to review and recommend one device for purchase. The membership of the EMS Standards Committee is open to all Fire Department personnel and includes the department's Medical Director. The EMS Standards Committee recommends purchase of EMS equipment and related procedural changes to the Fire Chief and EMS Division Chief. FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE ° DELRAY BEACH, FLORIDA 33444 (561) 243-7400 o SUNCOM 928-7400 ' FAX (561) 243-7461 Pnnted on Recycled Paper Purchase 12-Lead Monitor Defibrillators January 12, 2002 Page 2 The EMS Standards Committee, along with Dr. Randall Wolff, the department's Medical Director, recommend the purchase of the Zoll M series monitor defibrillator. Attached is a copy of the letter from Dr. Wolff stating his reasons for recommendation of the Zoll M series monitor defibrillator. The Zoll M defibrillator is the second Iow bid but they are recommended over the Medtronics units due to superior energy transfer to the heart at the time of defibrillation causing less potential damage to the heart muscle. The Fire Department requests approval for this purchase at a cost of $40,150.70. The difference for these two units, in the amount of $1,588...0~_, will come from account #115-0000-248-64.00 (Paramedic Fund). KBK/clk Kerry B. Koen Fire Chief Attachments Ianuaryl0,2002 Department of Public Safety ision of Emergency Mar~gement ee of Emergency Medical Services 20 $ Military Trml West Palm Beach, FL 33415 (561) 712-6400 FAX (561) 712-6449 www pbcgov Palm Beach County Board of County Commissioners Warren H. Newell, Chairman Carol A. Roberts, Vice Chair garen T Marcus Mary McCarty Bun Aaronson Tony Masilotti Addle L Greene Countlt Administrator Robert Welsman Affirmative Action £mployer' Chief Moreland III City of Delray Beach Fke Rescue 501 West Atlantic Avenue Dekay Beach, FL 33444 Dear Chief Moreland: Re: Grant C1050 The above grant has been received in our office January 9, 2002 executed by the State Dept. of Health, Bureau of Emergency Medical Services. It is retroactive to October 1, 2001. The Palm Beach County Office of EMS has approved $38,562.30, $16,355.00; and $6,185.61 for your agency from the State of Florida EMS County Grant Award Program. Prior to~ any expenditures, our agency requires a resolution and a letter of confirma/tion from your agency's administrator concurring with the amount of the award, activity and expenditure plans, and assurance that ; ..... '"?-' -2 .... ~. · your agencyr ~vil[.--comply;,:mt~h' state and county grant requkements, inc'ltidirig 'i'epg~ifi~.':' :In. ~rd.0itio. n/'4~y proposed changes requke approval from our office prior to any expenditures, or reimbursement cannot be guaranteed. In our letter of December 28, 2001, we enclosed your agency's grant activity and expenditure plan. All reimbursement requests are due by Wednesday, September 25, 2002; after this date, we will not guarantee reimbursement: Please note: the State ~s requking an expenditure and activity report for the period from 10/01/01 through 01/31/02. The forms are enclosed with this letter as well as an EMS County Program Change Request Form. Should you have any questions, please call me at 712-6480. · Robert A'. Bultc~e~ EMS Manager ., .-~ Div. Of Emergency Nfamigeme.nt -:.': · 'Ends: (3) ,. cc: Ms. Young, Finance ~ printed on recycled ~aper Hov 12 01 03:12p Randall Wol~ MB (561) 642-3591 p.1 November 12, 2001 Lt. Mike Twigger Delray Beach Fire Rescue 501 West Atlantic Avenue Delray Beach, FL 33444 VIA FAX: (561) 243-7461 Dear Lt. Twigger: I have extensively reviewed the literature regarding the department's planned purchase of monitor defibrillators. At the present time, it is my professional opimon that biphas~c defibrillators are preferred to monophasxc defibrillators. There are two major companies selling btphasm monitor defibrillators. I have met with representatives from both companies on multiple occasions and reviewed sclenttfic literature regarding the differences between these products. At this time, it appears that low energy biphasie defibrillation is the preferred method of defibrillatmn, The use of Iow energy defibrillation is associated with less of an impairment in cardiac output as compared to higher energy defibrillation. The ZolI monitor defibrillator possesses the qualities described above. That 15, the Zoll ") defibrillator has b~phasic low energy defibrillation with scientific documentation that supports its effectiveness. In addition, they have done studies to show that their waveform ~s an acceptable waveform, according to the American Heart Association. It is my recommendation at this time that the Zoll monitor defibrillator is the preferred product for the above reasons and I recommend its purchase. Should you have any further questions regarding my recommendations, please do not hesitate to contact me. Sincerely, Randall L. Wolff, M.D. Medical Director Greenaeres Public Safety Ri.W/ge Dec~ 1 ~ D1 08:~3a ~arbara L. Kenne~ 9~1 ~89-3298 p.1 ZOll ZOLL Medical Corporation 32 Second Avenue Burhngton, Massachusetts 01803-4420 U.S.A. (781) 229-O020 (781) 272-5578 Telefax TO: CITY OF DELRAY BEACH FIRE 501 WEST ATLANTIC AVENUE DELRAY BEACH FL 33444 Attn: LT. MIKE TWIGGER eATS** December 10, 2001 TERMS: Net 30 days Fax: 561-243-7461 ~ Budingt=n, MA ITEM MODEL N .U~I. BER DESCRIPTION .QTY. UNIT'PI~CE' DiSC PRICE TOTAJ. PRICE I ¢ I 6 2 I 5 3 1 I 0 0 I 2 3 0 1 0 Manual/Advis~qf Defibrillat~rwith Zoll Rectilinear Bipltasic 2 $23,685.00 $19,184 85 $38.369 70 * MEDPRO PLUS .Wavefofm, spo2 with 8' cable, AC Power, CcxJe Mall(ers BJPHASIC Multiple Ap~lk=ztion Printer & Summaq/, Report, with Moni. va$ive Pacing and NIBP wilh cuff and hose and 112 Lead with I Sl~-p cable 'Includes: Hic~t Conlrast Display. 3 lead integrat ks;~d wires, universal r. ab~. 2 mcl~argeat~ lead card slots and one opera~ manual Three Year EMS INarranty 2 80000657 Xlreme Pack II Carry Case, molded rubber case with rem 2 $495.00 $170.00 $340.00 and side pouches for use with hands-flee defibrillation and NIBP 3 8050-0002-01 ZOLL Base Power Charger 4x4 with Autotest and I $1,695.00 $1,441.00 $1,441 00 ' 4 8204-010301 Smart Battery in rmu of standard at time or purchase 7 $50.00 NIC NIC · REFLECTS DISCOUNTED PRICING :Zoll will guarantee the same price for the purchase of additional units until December 2003 WE PROPOSE TO FURNISH THE ITEMS LrSTED ABOVE, SUBJECT TO CONDITIONS SET FORT~ O1~ TOTAL THE REVERSE SIDE HEREOF, .AND THE WRITrEN ACCEPTANCE OF THIS QUOTA'T/ON. 1. DELIVERY WILL BE MADE 90-120 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES WILL BE F.O.B. BURLINGTON, MA. Barbara Kenney/el 3. WARRANTY PERIOD (See above and reverse side). Territory Manager 4. PRICES QUOTED ARE FIRM FOR 60 DAYS 800-242-9150X576 PHYSIO-CONTRO~ To' Lieutenant M~ke Twigger Delray Beach Fire Rescue 501 West Atlantic Avenue Del[ay Beach, FL 33444 Phone. (561) 243-7442 Contract. None Medtronic Physio-Control Corp. 11811 Willows Road NE P.O. Box 97023 Redmond, WA 98073-9723 U S A www physiocontrol com www. medtronic corn tel 800.442 1142 fax 425.867 4146 Quote#: 1-JOXY Rev# 2 Quote Date: 11/16/2001 Sales Consultant: Debb~ Stanfield 800-442-1142 x 2305 FOB Redmond, WA Shipping 30-45 Days Terms' Net 30 Exp Date: 0112312004 1 LP12BIPHASlC 2 LP12AED 3 LP12PACING 4 LP12SPO2 5 11996-000060 6 LP12ECG12LD 7 LP12ECG12LD 8 LP12TREND 9 LP12NIBP 10 LP12EL 11 11141-000026 LIFEPAK 12 defiblmonitor wlAdaptiv 2 Biphasic waveform LIFEPAK 12 manual defibrillation with Adapfiv Biphasic waveform, 3 lead ECG cable, QUIK- COMBO therapy cable, 3 pack ECG electrodes, 3 rolls paper and operating instructions (batteries, carry case and standard hard paddles not included) AED Option for the LIFEPAK 12 2 Noninvasive Pacing 2 SpO2 PulseOximetry 2 Includes 4ft cable and sensor sample pack DSI00A Durasensor Adult Finger Sensor 2 (reuseable) Includes 1. reuseable chp, I year warranty 12-Lead ECG Monitoring Option for the 1 LIFEPAK 12 Includes 12-Lead main cable (replaces 3-lead cable), 4-wire limb lead attachment, 6-wire precordial lead attachment, 2 each 3-pack and 1 each 4-pack of ECG electrodes, 100mm printer and 2 rolls of 100mm recording paper. 12-Lead ECG Monitoring Option for the 1 LIFEPAK 12 Includes 12-Lead ma;n cable (replaces 3-lead cable), 4-wire limb lead attachment, 6-wire precord~al lead attachment, 2 each 3-pack and 1 each 4-pack of ECG electrodes, 100mm pnnter and 2 rolls of 100mm recording paper Premium (Trending) software for vital signs 2 Includes ST measurement trending Requires 100mm printer to print trend reports Noninvasive Blood Pressure (NIBP) 2 Includes 9 ft hose and reusable adult cuff EL Display 2 *LIFEPAK NiCad battery with fuel gauge 2.4amp Rechargeable mckel-cadium 10 $9,865 O0 $1,840 O0 $8,025 O0 $16,050 O0 $0 00 $0 00 $0 00 $0 00 $1,575 00 $150 00 $1,425 00 $2,850 00 $1,31300 $125.50 $1,187 50 $2,375 00 $200 00 $25 00 $175 00 $350 00 $7,613.00 $7,613 00 $0 00 $0 00 $7,613 00 $1,92550 $5,687 50 $5,687.50 $250 00 $250 00 $0 00 $0 00 $2,888.00 $27550 $2,61250 $5,22500 $550 00 $135 00 $415 00 $830 00 $243 00 $48 60 $194 40 $1,944 00 Quote Products (continued) Quote#: Rev# Quote Date: 1 -JOXY 2 11116/2001 12 13 14 BSS2 11220-000034 11220-000027 Battery Support System 2 2 Includes power cord and operating instructions (batteries not included) Basic Carrying Case 2 For the LP12 Includes shoulder strap, right pouch and front cover Left Pouch 2 $1,785 00 $170 00 $1,615 00 $3,230 00 $13400 $12 40 $121 60 $243 20 $30 00 $2 45 $27.55 $55.10 15 16 17 11220-000072 11104-000002 Back Pouch - Large 2 UNI-LEAD Starter Kit 2 Includes UNI-LEAD precordial lead attachment (cable), inservice video, 3 UNI-LEAD pocket reference cards, and 10 individually packaged UNI-LEAD System electrodes Point of Sale service agreement. Price per 2 unit, per threo-year period. Total savings of $3600.00 $41.00 $3 50 $105 00 $105 00 $0.00 $1,800 00 $37 50 $0 00 $0 00 $7500 $000 $000 GRAND TOTAL $38,914.80 Pricing Summary Totals $58,728,00I - 19,813 _2~ List Price Cash Discounts GRAND TOTAL FOR THIS QUOTE No res: ABOVE PRICING VALID ONLY IF QUOTE IS PURCHASED IN ITS ENTIRETY (OPTIONAL ITEMS NOT REQUIRED) IF QUOTE REFLECTS TRADE-IN VALUES.CUSTOMER ASSUMES RESPONSIBILITY FOR SHIPMENT OF TRADE-IN UNITS TO MEDTRONIC PHYSIO-CONTROL Quote Specialist Heather Waters ll/1M/U1 MU~ OM:0~ ~AA 5~1 Z40 ~T74 CI~Y CL~RK ~00Z RESOLUTION NO. 33-01 A P,.ESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM THE PAI2¢I BEACH COUNTY EMERGENCY MEDICAL SFS[VICES GRANT AWARD PROGRAM FOP, FY 2001/2002. WHE~S, the Delray Beach Fire and Emergency Medical Services Department represents the emergency medical services interests of the City of Delray Beach; and WHEREAS, the Delray Beach Fire Department is requesting funding for FY 2001/2002 through the Palm Beach Comity Emergency Medical Services Grant Award program for the purchase of a Special Events Response Vehicle (SERV), two (2) I2-1ead monitor defibrillators, and two (2) automated external defibrillators; and ~S, tile City of Deja'ay Beack Fire Department is eligible to receive funds collected by the Office of Emergency Medical Services pursuant to Chapter 401.113, Florida STatutes; and WI-IFREAS, the equipment to be purchased with these tim& will enkance the City's overall emergency medical services operation and h~aprove the delivery and level o£ emergency medical care prov/ded to the ck;7~_ns o£ and visitors to the City of Delray Beach. NOW, THR'TREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELKAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor of the City of Delray Beach is hereby authorized to execute all documents which are necessary to complete ~e request for funds from the Palm Beach County Emergency Med/cal Services Grant Award program. PASSED AND ADOPTED in regular session on this the 1" day of May, 2001. MAYOR ATI~ST: Acting City Clerk RESOLUTION NO. ? ? ~ A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLO'RIDA, REQUESTING A PORTION OF THE COUNTYEMERGENCY MEDICAL SERVICE GRANT AWARD PROGRAM FUNDS, WHEREAS, the City of De/ray Fire and Emergency Medical Services Department represents the Emergency Medical Service interest of the Town of Highland Beach; and, WHEREAS, the City of De/ray Beach Fire Department is requesting Pro-Rata grant funding for a Special Events Response Vehicle, two (2) 12-Lead Monitor Defibrillators and two (2) Automated External Defibrillators; and WHEREAS, the City of De/ray Beach Fire Department is eligible to receive funds collected by the Emergency Medical Service O~ce, pursuant to Florida Statutes, Chapter 401.113; and, WHEREAS, these funds are to be used to expand and improve the City's level of emergency medical care to the citizens of the Town of High/and Beach and will enhance the emergency medical service operation; and, WHEREAS, these funds are to be spent on equipment or services not budgeted through the City of De/ray Beach and would be unavailable otherwise. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS: That the Mayor of the City of De/ray Beach, Florida, is hereby authorized to execute all documents which are necessary to complete the request for funding from the County Emergency Medical Service Grant Award Program. PASSED AND ADOPTED in Regular Session this 1st day of May 2001. A TTES T: D ~~sM'. Trinley, C~MC Town Clerk Thomas J. Reid, Mayor Nov 19 O1 10: 54a Town o~ Gul~ Stream 561 ?3? 0188 p. I ~ESOLUTION 001-4 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, REQUESTING A PORTION OF THE COUNTY EMERGENCY MEDICAL SERVICE GRANT AWARD PROGRAM FUNDS FOR 2001-2002 FOR THE CITY OF DELRAY BEACH, FLORIDA. WHERF2%S, the City of Delray Beach Fire and Emergency Medical Services Department represents the Emergency Medical Service interest of the Town of Gulf Stream through an Interlocal Agreement between the City of Delray Beach and the Town of Gulf Stream; and, WHERF~%~, the Town of Gulf Stream, pursuant to the Constitution and laws of the State of Florida, has the authority to exercise all powers for municipal government purposes; and WHEREAS, the City of Delray Beach Fire Department is requesting grant funding for the purchase of a special events response vehicle, two (2} 12-lead monitor defibrillators and two (2) automated external defibrillators; and WHERE,%S, The City of Delray Beach Fire Department is eligible to receive funds collected by the Emergency Medic.~l Services Office, pursuant to Florida Statutes, Chapter 401.113; and, WHEREAS, these funds are to be used to expand and improve the City's level of emergency medical care to our citizens and those of Delray Beach and will enhance the emergemcy medical service operation; and, WHERF2%S, these funds are to be spent on equipment or services not budgeted through the City of Delray Beach and would be unavailable otherwise. NOW, THErEFORe, BE IT RESOLVED BY THE COMMISSION OF T~E TOW~ OF GULF STI~-~/q, FLORIDA, AS FOLLOWS: Section 1. The Town Commission of the Town of Gulf Stream, Florida, respectfully requests that approval of application submitted by the City of Delray Beach for funding from the Palm Beach County Emergency Medical Services Grant Award Program for 2001-2002 be granted. PASSED AND ADOPTED THIS (SEAL) TOWN CLERK TOWN ~' GULF .STREAM COMMI S S I ONER C~SS ION~R Date: 1/14/02 Request to be placed on: Consent Agenda When: 2/12/02 AGENDA ITEM NUMBER: AGENDA REQUEST X Regular Agenda Workshop Agenda Description of agenda item (who, what, where, how much): Purchase two (2) 12-Lead Monitor Defibrillators through the Palm Beach County Emergency Medical Services Grant Award Program. Recommend the purchase of two (2) 12-Lead monitor defibrillators from Zoll Medical Corporation in the amount of $40,150.70. Funding is a available from the Grant Award Program in the amount of $38,5625~ and $1,588.~ from the Paramedic Account #115-~300-248-64.00. :FO ,~ -,~3 ~t - Department Head Signature: ~~ City Attorney Review/Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding Available: 0 / No Initials: Account Number 0D[-7.315-52~ - {,q Description ~'tZ 0~a,'~'~q-~ S ~-~t Account Balance: .~ fi, 56 ~,~ 0 Funding Alternatives: City Manager Review: Approved for Agenda:(~ No Initials: Hold Until: Agenda Coordinator Review: Received: (if applicable) __ Special Agenda rlT¥ OF OELRn¥ BEfl£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: Writer's Direct L~ne 561/243-7091 MEMORANDUM January 31,2002 TO: FROM: City Comm~,~ Brian Shutt, Assistant City Attorney SUBJECT: Interlocal Agreement with the SWA for Household Hazardous Waste Facility and Approval of Temporary Use Permit This Interlocal agreement is in conjunction with the improvements associated with the SWA transfer station. The SWA would like to temporarily re-locate the household hazardous waste facility (HHW) from the transfer station to the Public Works warehouse on Lake Ida Road, just east of Congress Avenue while the improvements are taking place. The following is a partial list of the terms and conditions of the agreement: 1. 2 year term; any renewals must have approval of City; if transfer station completed prior to 2 year term, the agreement will then terminate within 30 days of completion 2. SWA will only be allowed to make improvements to the City site in accordance with the approved site plan, which includes, but is not limited to, landscaping along Lake Ida Road, awnings over disposal bins and driveway/access improvements. 3. The HHW will be open Monday - Saturday from 7:00 a.m. to 5:00 p.m. 4. The SWA shall indemnify the City for its use of the site and upon completion of i~ use the SWA shall perform a phase II environmental audit of the site. The SVVA is also requesting that the City grant a temporary use permit in conjunction with the approval of this Agreement. Please see the attached memo from Jeff Costello, Principal Planner. By copy of this memo to David Harden, our office requests that these items be placed on the February 5, 2002 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Jeff Costello, Principal Planner TO: THRU: FROM: SUBJECT: DAVIBOI'. HAR~EN~, C!TY MANAGER PAUL DORLING, I::I~I~E_CTOR OF PLANNING AND ZONING r-ff ¥ MEETING OF FEBRUARY 5, 2002 CONSIDERATION OF A REQUEST TO ALLOW A TEMPORARY HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY AT THE SOUTHWEST CORNER OF LAKE IDA ROAD AND CSX RAILROAD (PUBLIC WORKS WAREHOUSE). At its meeting of March 15, 2000, the Site Plan Review and Appearance Board (SPRAB) approved the Class II site plan modification for significant upgrades to the Solid Waste Authority Transfer Station on the east side of SW 4t~ Avenue, south of Linton Boulevard. The improvements include the construction of a new scale house, improvements to the main transfer building, as well as landscape, parking and access improvements. The Solid Waste Authority is ready to begin construction (anticipated March 1st) and is requesting to relocate the Household Hazardous Waste Collection aspect to the Public Works Warehouse on Lake Ida Road, just east of Congress Avenue. The request is to allow the temporary use at this location for up to two years. As this request is not included within the list of allowable temporary uses provided in LDR Section 2.4.6(H)(1), approval of a waiver from the City Commission is required. The subject property is zoned Community Facilities (CF). While "resource recovery facilities" are allowed as a Conditional Use in the CF (Community Facilities), the intent is not to establish a permanent facility, which would be inappropriate for this area. The Inter-local agreement contains strong language regarding the limitations regarding the use of the property so this operation will not become a permanent facility. The use of the property involves various improvements including landscaping along Lake Ida Road, installation of an awning above the waste storage units, driveway/access improvements, as well as other upgrades specifically listed in the proposed Inter-local Agreement between the City and Solid Waste Authority. Disposal containers will be located inside the storage units. The facility will be unmanned and will be serviced every day for general clean-up and packaging with some materials being removed on a daily basis. Items such as oil, batteries, and anti-freeze will be picked-up by a vendor approximately every two weeks. Trucks associated with this operation will be limited to one 20' long ,City Commission Documentation Meeting of February 5, 2002 Temporary Household Waste Facility at 1700 Lake Ida Road Page 2 box truck, which will visit the site daily to conduct servicing, and the vendor truck that will visit the site every two weeks. The hours of operation will be 7:00 A.M. to 5:00 P.M. Monday though Saturday. There will be adequate stacking and parking provided on the site. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The proposed use will be located on a City-owned property, which is in an industrial area. The proposed use will be temporary and will enable the Solid Waste Authority to continue its operations in the area while renovating the existing transfer station site. The Inter-local Agreement will allow the Solid Waste Authority to operate on the site on a temporary basis up to two years, with the condition that the use must be removed from the site 30 days after completion of the proposed improvements at the transfer station site. Thus, the temporary use approval is subject to the conditions of the Inter- local Agreement. A similar waiver has been granted to allow a business to establish a temporary location while the permanent location was under construction, provided the temporary location was properly zoned and was developed in compliance with the Land Development Regulations (Republic BankNVachovia). By motion, approve a Temporary Use Permit for the establishment of the Solid Waste Authority Household Hazardous Waste Collection Facility at 1700 Lake Ida Road, based upon positive findings with respect to LDR Section 2.4.7(B)(5), subject to the following condition: That all aspects of this operation comply with the conditions set forth in the Inter- local Agreement, between the City of Delray Beach and the Solid Waste Authority of Palm Beach County. Attachments: Location Map Site Plan NW lOTH ST N W 9TH ST ALZHEIMER '.?, CARE CENTER LAKE IDA PLAZA LAMDA NOVA TRONIC$ D£LRA Y CENTER ARTIC ICE CONGRESS A VENUE A U TO CENTER WHOLESALE BEAUTY SUPPLI NOLAND N W 3RD ST CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT PUBLIC WORKS WAREHOUSE -- D/G/IAI ~AS£ MAP SYSI'EM -- MAP REF LM579 ONEW PAINTED (XREC~ONAL .... ,~;OWS (4 'r~.) EX. NEW TELEPHONE ELECTRICAL OUTLET MOUNTED ON COLUMN O O N[W FENC1[ ar WIDE DOUBLE OAIE ALLO~MNG OTY LOT ~0 ,j~ 81_~CK t ' ACCESS ONLY. DELRAY SHORES 24, ~ 232-23,~) ZONED P~C PL,~NN£D COUM£11CI&L C£NIER) CONC. TO-' STONE - FLUSH W/ EX. CONC NEW EYEWASH W/~\ SPIGOT -- ,/ NEW FENCE TO CLOSE GAP / / -HAZARDOUS MATERIAL STO~AOE BUILDING TO BE REPAINIEO kLrW OVER EX. CONC, PA~ STORAG~ UNITS TO HAVI: ~OEmlRCA~ION S~C, NAOE. (~E ELEVA110N, SHEET C-6) t / NEW FENCE Jr ~ DOUBLE GATE ALLO~NO aTY ACCESS ONLY. -I~/~IA HI'fW LAYOUT ON ~T. gONG. (~-r ~.,~. SHEET c-e) // / / / ~, /~o~ (C~MUNIIY f ACILITI£$) / , / (Pb 75 PC 9) (Ol~t~ Z172 PC 7561 ZONED CF INTERLOCAL AGREEMENT between THE CITY OF DELRAY BEACH and THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY for THE LOCATION, CONSTRUCTION AND OPERATION OF AN INTERIM HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY ARTICLE Section Section 1.02 Section 1.03 Section 1.04 Section 1.05 Section 1.06 Section 1.07 Section 1.08 ARTICLE Section Section 2.02 Section 2.03 Section 2.04 Section 2.05 Section 2.06 Section 2.07 Section 2.08 TABLE OF CONTENTS PAGE 1: GENERAL PROVISIONS 1.01 Recitations .................................................................................................... 2 Purpose ......................................................................................................... 2 Length of Term and Commencement Date ........................................... 2 Premises ........................................................................................................ 2 Acceptance of Premises ........................................................................... 2 Rent ................................................................................................................ 3 Assessments .................................................................................................. 3 Funding ......................................................................................................... 3 2: ALTERATIONS 2.01 General ......................................................................................................... 3 Design and Construction ........................................................................... 3 Commencement of Worl< .......................................................................... 5 Payment and Performance Bond ............................................................ 5 Construction Liens ....................................................................................... 5 Completion of Worl< .................................................................................... 5 Ownership of Alterations ............................................................................ 6 Destruction of Alterations ........................................................................... 6 ARTICLE 3: USE OF PREMISES AND CONDUCT OF BUSINESS Section 3.01 Use of Premises and Hours of Operation ................................................. 6 Section 3.02 Section 3.03 Section 3.04 Section 3.05 Section 3.06 Section 3.07 Repairs and Maintenance ......................................................................... 6 Utilities and Services .................................................................................... 7 Waste or Nuisance ...................................................................................... 7 Government Regulations ........................................................................... 7 Surrender of Premises .................................................................................. 8 Quiet Enjoyment .......................................................................................... 8 ARTICLE 4: DEFAULT AND TERMINATION Section 4.01 Events of Default .......................................................................................... 9 Section 4.02 Waiver ........................................................................................................... 9 Section 4.03 Termination for Convenience .................................................................... 9 Section 4.04 Termination Upon Completion of Existing Facility ................................... 9 ARTICLE 5: INDEMNIFICATION Section 5.01 General ....................................................................................................... 10 ARTICLE 6: INSURANCE Section 6.01 Self-Insurance ............................................................................................. 10 Section Section Section Section Section 6.02 Insurance Provided by Carrier ................................................................ 10 6.03 Worker's Compensation Insurance ........................................................ 11 6.04 Property Insurance .................................................................................... 11 6.05 Certificate ................................................................................................... 11 6.06 General ....................................................................................................... 11 ARTICLE 7: MISCELLANEOUS Section 7.01 Captions ...................................................................................................... 11 Section 7.02 Section 7.03 Section 7.04 Section 7.05 Section 7.06 Section 7.07 Section 7.08 Section 7.09 Section 7.10 Section 7.11 Section 7.12 Section 7.13 Section 7.14 Section 7.15 Section 7.16 Section 7.17 Severability ................................................................................................. 11 Entire Agreement ...................................................................................... 12 Non-Exclusivity of Remedies .................................................................... 12 Time of Essence ......................................................................................... 12 Non-Discrimination .................................................................................... 12 Construction ............................................................................................... 12 Broker ........................................................................................................... 12 Assignment ................................................................................................. 13 Default ......................................................................................................... 13 Governing Laws and Venue .................................................................... 13 Binding Effect ............................................................................................. 13 Waiver ......................................................................................................... 13 Incorporation by Reference .................................................................... 13 Notices ........................................................................................................ 13 Effective Date ............................................................................................ 15 Filing ............................................................................................................. 15 EXHIBITS ............................................................................................................................. 17 Exhibit A Sketch of Property Exhibit B Site Plan INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into , 2002, by and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY (the "SWA"), a dependent special distri¢ ..... *",~ nursuant to Chapter 2001-331, Special Acts, Laws of Florida, as amended, who' ~., '\ <.- ;~\,_L~ of this agreement is 7501 North Jog Road, West Palm Beacl' t._~.-~ ~."~_~ ~ ~ \TY OF DELRAY BEACH, a municipal corporation located in F ~ ~ ~, ,~ ~, and organized under the Laws of the State of Florida, wh¢ ~.~. ~ ~'~_" ~s of this agreement is 100 N.W. First Avenue, Delray Beach. ~-~',~"~ ' ~"~:~-JU~- . WHEREAS, there exists a need to provide for an interim collection facility for Household Hazardous Waste (hereinafter"HHW") for southern Palm Beach County during the time that SWA's existing HHW collection facility for southern Palm Beach County undergoes certain improvements and renovations; and WHEREAS, the SWA and the City desire to establish an interim HHW collection facility to be designed, constructed, operated and maintained by the SWA, and are willing to cooperate and work together so that all residents of the City and Palm Beach County generally may benefit; and WHEREAS, there is a certain parcel of real property owned by the City and located within its corporate limits at 1700 Lake Ida Road, Delray Beach, Florida, that is suitable for an interim HHW collection facility; and WHEREAS, the SWA has asked the City for authorization to develop and use a portion of this parcel of real property as an interim HHW collection facility to serve and benefit all residents of the City and Palm Beach County, which project, as more specifically described hereinafter, shall be referred to herein as the "Collection Facility"; and WHEREAS, the SWA and the City desire to enter into this Interlocal Agreement to clarify the rights and responsibilities of each party to facilitate development of the Collection Facility; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority that such agencies share in common and which each might exercise separately; and NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree to the following terms and conditions: ARTICLE 1: GENERAL PROVISIONS Section 1.01 - Recitations The foregoing recitals are true and correct and are incorporated herein as if fully set forth herein. Section 1.02 - Purpose The purpose of this Interlocal Agreement is to provide a mechanism for the SWA and the City to cooperate in the development of the Collection Facility and thereby maintain the availability of an HHW collection facility for use by the public during the time that SWA's existing HHW collection facility must be closed to the public while undergoing certain improvements and renovations. Section 1.03 - Lenqth of Term and Commencement Date The initial term of this Interlocal Agreement shall commence upon the date of full execution by the parties hereto (the "Commencement Date"), and shall extend for a period of two (2) years thereafter, unless terminated earlier according to the provisions of this Interlocal Agreement (the "Term"). Upon the expiration of the initial term or any subsequent extension thereof, and subject to the prior, written approval of both parties, the Term may be extended for additional, mutually agreed upon time periods; however, each such extension shall not exceed one (1) year. Section 1.04 - Premises The property which the SWA intends to occupy, develop and utilize as the Collection Facility (hereinafter, the "Premises"), comprises the northeasterly quadrant, more or less, of a parcel owned by the City and located within its corporate limits. This parent parcel consists of approximately two (2) acres located at south of Lake Ida Road and west of the CSX railroad right-of-way which sits west of, and approximately parallel to, Interstate-95, legally described as follows: The Easterly 240.49 feet (LESS the Southerly 500 feet) of Lot 20, Block 1, DELRAY SHORES, according to the Plat thereof, as recorded in Plat Book 24, Pages 232-233. A sketch of the described parcel is attached hereto as Exhibit "A", and incorporated herein by reference. Section 1.05 - Acceptance of Premises SWA certifies that SWA has inspected the Premises and accepts same "As Is", in its existing condition as of the Commencement Date of this Interlocal Agreement. No repair work, alterations, or remodeling of the Premises is required to be done by the City as a condition of this I nterlocal Agreement. 2 Section 1.06 - Rent The use and occupancy of the Premises by the SWA shall be on a rent free basis. Section 1.07 - Assessments SWA shall pay before delinquency all assessments which may be levied by any governmental authority against SWA's improvements constructed on the Premises during the Term of this Interlocal Agreement, to the extent that SWA is not exempt by law from said assessments. Section 1.08 - Fundinq This Interlocal Agreement and all obligations of SWA hereunder are subject to and contingent upon annual budgetary funding by the Board of the Solid Waste Authority of Palm Beach County. ARTICLE 2: ALTERATIONS Section 2.01 - General SWA agrees to perform all work at its own cost and expense necessary to design, construct, operate and maintain the Collection Facility upon the Premises, including but not limited to costs arising from architectural and engineering work, site work, utilities access and installation, drainage, securing requisite permits and approvals, and physical construction of the Collection Facility. All such work shall comply with all requirements and provisions of this Interlocal Agreement, including but not limited to the Site Plan, attached hereto as Exhibit "B" and incorporated herein by reference in its entirety, which may be modified after the Commencement Date pursuant to the provisions herein. SWA shall utilize its procurement process for all services required for the Collection Facility. Said procurement process shall be consistent with all federal, state and local laws, rules and regulations. City shall have no contractual or other obligation to any person retained by SWA with regard to the Collection Facility. Any dispute, claim, or liability that may arise as a result of SWA's procurement shall be the sole responsibility of SWA and SWA hereby agrees to indemnify, defend and hold the City harmless for same. Nothing contained herein shall be construed as a waiver of sovereign immunity or the statutory limits of liability set forth in Section 768.28, Florida Statutes. Section 2.02 - Design and Construction SWA shall not make any improvements, additions, modifications or alterations to the Premises or the Collection Facility (hereinafter collectively referred to as "Alterations") without the prior written consent of the City in each instance, which shall not be unreasonably withheld. Notwithstanding the foregoing, City shall be entitled to withhold consent for any request which proposes to utilize the Premises for other than an interim 3 HHW Collection Facility. SWA shall submit detailed plans and specifications for all such Alterations to City for City's written approval prior to SWA's commencing work on same. SWA acknowledges and agrees that all Alterations, whether pursuant to this Section or otherwise, are performed and accomplished solely for the benefit and convenience of SWA, and not for the benefit of City, such Alterations nevertheless being subject to each and every provision of this Interlocal Agreement. All work done by SWA in connection with any Alterations, repairs and maintenance on the Premises shall be performed in a good and workmanlike manner, in full compliance with applicable building codes and zoning regulations, and shall be diligently performed to completion according to the plans and specifications therefor. The Alterations shall be in accordance with the plans and specifications set forth in the Site Plan attached hereto as Exhibit "B", and shall include, but not be limited to, the following: 1. Pour concrete pad in southeast corner of parcel for City use; Remove fence from north, west and south edges of existing concrete pad; Asphalt all existing shell rock drive areas around existing concrete pad; 4. Install fencing to separate and secure City maintenance area; o Move steel HHW materials storage building from existing HHW collection facility and install on existing concrete pad; 6. Install cabinets on existing concrete pad; 7. Install canopy over cabinets and work area on existing concrete pad; o Install safety eyewash/drench shower and water spigot outside the existing City maintenance building; 9. Install electrical outlet outside the existing City maintenance building; 10. Install telephone line outside the ex~sting City maintenance building; 1 1. Install appropriate signage on road or entrance to the facility; 12. Make buildings aesthetically pleasing, in accordance with the approved Site Plan; 13. Install fence adjacent to storage area on west side of property; 4 14. Install security lighting as needed; and 15. Install additional landscaping along Lake Ida Road as needed. Section 2.03 - Commencement of Work SWA or its representatives shall not commence work upon any Alterations until: City's Representative has approved the final design development plans for such improvements in writing; SWA has provided City a duplicate original of the construction bonds required hereunder, if any; SWA has obtained all applicable building permits and approvals for all work to be performed; and SWA has budgeted and appropriated sufficient funds to pay the cost of such. Section 2.04 - Payment and Performance Bond Prior to commencing work or Alterations upon the Facility Property, SWA shall obtain any required, public construction payment and performance bond required by, and in accordance with, the provisions of Section 255.05, Florida Statutes, in an amount equal to the total cost of construction of such work. Such bond shall name City as an additional obligee thereunder. The form of such bond and the issuer thereof shall be subject to City's prior review and approval, which shall not be unreasonably withheld. Section 2.05 -Construction Liens SWA shall comply with the Construction Lien Law, Florida Statutes Chapter 713, Part I, in the construction of any Alterations to the Premises. In the event that a construction lien is filed against the Facility Property in connection with any work performed by or on behalf of SWA, SWA shall satisfy such claim, or shall transfer same to security, within ten (10) days from the date of filing. In the event that SWA fails to satisfy or transfer such claim within said ten (10) day period, City may do so and thereafter charge SWA, and SWA shall promptly pay to City upon demand all costs incurred by City in connection with the satisfaction or transfer of such claim, including attorney's fees. Further, SWA agrees to indemnify, defend and save City harmless from and against any damage or loss incurred by City as a result of any such construction lien. Nothing contained herein shall be construed as a waiver of sovereign immunity or the statutory limits of liability set forth in Section 768.28, Florida Statutes. Section 2.06 - Completion of Work Upon completion of all Alterations, SWA shall provide City with complete "As Built" plans, for the Collection Facility. For purposes hereof, completion of all Alterations shall mean completion of construction of the improvements and alterations in accordance with approved plans and specifications, issuance of any required certificate of substantial completion or certificate of completion to the SWA by the City's engineer of record, and opening of the Collection Facility to the general public for its intended use as an interim HHW collection facility. In addition, upon completion of all Alterations, SWA shall provide City with a final payment affidavit and release of lien from the SWA's contractor and subcontractors, if any, evidencing payment-in-full of all costs and expenses relating to design and construction of the Collection Facility. Section 2.07 - Ownership of Alterations All improvements and alterations made by SWA shall be and remain the property of SWA during the term of this Interlocal Agreement. Upon expiration or earlier termination of this Interlocal Agreement, title to the same shall vest in accordance with the terms herein. Section 2.08 - Destruction of Alterations In the event any of SWA's Alterations are destroyed, damaged or injured by fire or other casualty during the Term of this Interlocal Agreement, or any extension thereof, the SWA shall commence restoration or removal thereof within thirty(30) days and shall thereafter diligently pursue the restoration or removal to completion. Notwithstanding the foregoing, in the event of any such casualty, SWA shall have the right, to be exercised in its sole discretion, to terminate this Interlocal Agreement. ARTICLE 3: USE OF PREMISES AND CONDUCT OF BUSINESS Section 3.01 - Use of Premises and Hours of Operation SWA shall utilize the Premises solely and exclusively for the establishment and operation of an interim H HW Collection Facility to be used use by the general public for the Term of this Interlocal Agreement in accordance with the terms herein. SWA warrants that the Collection Facility shall serve a public purpose and be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of City. SWA shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to use of the Collection Facility, nor shall SWA discriminate as to residency of users in establishment of its fees or other criteria. SWA's access to the Premises and hours of operation on the Premises shall be limited to 7:00 A.M. to 5:00 P.M., Monday through Saturday. SWA shall not use, permit or suffer the use of the Premises for any other business or any disorderly or unlawful purpose. However, in the event of a public auction or other special events held by the City at 1700 Lake Ida Road, SWA may be required to modify its hours or close the HHW Collection Facility for the duration of the event. The City shall endeavor to g~ve SWA 24 hours notice of such auctions or special events. Section 3.02 - Repairs and Maintenance City shall not be obligated or required to conduct any maintenance or make any repairs whatsoever to the Premises. All portions of the Premises and all Alterations constructed on the Premises shall be maintained and kept in good repair and condition by SWA at SWA's sole cost and expense and in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. SWA shall, upon request, provide City a copy of SWA's maintenance schedule and/or maintenance records for the Premises. All Alterations and personal property of SWA shall remain the property of the SWA at SWA's sole risk for the Term of this Interlocal Agreement, or any extension or renewal hereof. SWA shall not transfer management of the Collection Facility to a third party without the prior written consent of the City, which shall not be unreasonably withheld. Section 3.03 - Utilities and Services SWA shall make arrangements for the supply to the Premises of any and all utilities and services required by SWA by contracting directly with the utility or other companies furnishing such utilities and services to the Premises. SWA shall be solely responsible for, and promptly pay directly to the utility or other provider of such service, all charges and assessments for water, gas, electricity, trash collection and removal or any other utility used or consumed by the SWA, its agents, employees, licensees and invitees on the Premises. In no event shall City be liable for an interruption or failure in the supply of any such utilities to the Premises. Section 3.04 - Waste or Nuisance SWA shall not commit or suffer to be committed any waste upon the Premises or any nuisance or other act or thing which may result in damage or depreciation of value of the Premises or which may affect the City's fee interest in the Premises. SWA shall not use or dispose of any contaminants including, but not limited to, hazardous or toxic substances, chemicals or other agents used or produced in SWA's operations, on the Premises or the property generally, in any manner not permitted by law. All refuse is to be removed from the Premises at SWA's sole cost and expense and SWA will keep such refuse in proper containers on the Premises until removed. SWA will keep access to the Premises, the parking areas and other contiguous areas to the Premises free and clear of obstruction. Section 3,05 - Governmental Requlations SWA shall, at SWA's sole cost and expense, comply with all ordinances, laws, statutes and regulations promulgated thereunder of all county, municipal, state, federal and other applicable governmental authorities, now in force, or which may hereafter be in force, pertaining to SWA or its use of the Premises, including the temporary handling and storage of known and unknown hazardous substances. SWA shall be responsible for any impact to the City's permitted Surface Water Management System which is a result of SWA's use of, or activities on, the subject premises. City shall have the right to make reasonable inspections of the Premises to determine SWA's compliance with the same. SWA shall, to the extent permitted by law, indemnify, defend and save C~ty harmless from any and all penalties, fines, costs, expenses, suits, claims, or damages resulting from SWA's failure to perform its obligations in this Section. City shall be entitled to inspect the Premises during the hours set forth in Paragraph 4.01 above to insure that SWA is in compliance with the terms hereof and of this Intedocal Agreement. 7 Section 3.06 - Surrender of Premises Upon termination or expiration of this Interlocal Agreement, and unless the City requests otherwise, SWA shall leave the following Alterations, ~f installed and completed in accordance with the Site Plan, on the Premises for the City to keep and maintain as City property after SWA vacates: 1 .) Paving, 2.) Concrete pad, 3.) Canopy over concrete pad, 4.) In-ground utilities, 5.) Fence, and 6.) Landscaping. The SWA may submit a written list to the City indicating any additional Alterations that the SWA w~shes to leave on the Premises for the City to keep and maintain as City property after SWA vacates. Within twenty (20) days of City's receipt of SWA's list, City will submit a written response to SWA indicating which, if any, of the additional items the City agrees will remain on the Premises and become City property after SWA vacates. No later than sixty (60) days after termination or expiration of this Interlocal Agreement, and subject to the foregoing provisions in the foregoing paragraph, SWA, at its sole cost and expense, shall remove its Alterations and personal property from the Premises and shall surrender the Premises to the City in the same condition the Premises were in as of the Commencement Date of this Interlocal Agreement, reasonable wear and tear excepted. If the SWA fails to remove its Alterations and restore the Premises as set forth above, then all such Alterations shall become the property of the City and in such event, should City so elect, City may restore, at SWA's expense, the Premises to its condition as of the Commencement Date hereof and SWA shall reimburse City for the reasonable cost of such restoration upon or within thirty (30) days after SWA's receipt of a written request therefore, together with supporting documentation and receipts. Within forty-five (45) days prior to the termination or expiration of this Interlocal Agreement, SWA shall obtain and deliver to City, at SWA's sole cost and expense, a Phase II environmental report consisting of a file review, site inspection and chemical analysis of soil samples from the Premises, to be prepared by the SWA or its contractor. The Phase II environmental report shall indicate whether or not there is or has been improperly manufactured, stored or discharged on, or within ten (10) feet of, the Premises and/or any building, equipment and facilities located thereon any of the following: (1) friable asbestos; (ii) urea formaldehyde foam insulation; ((iii) polychlorinated biphenyls; or (iv) any other chemical, material or substance, the handling, storage, transportation, disposal of or exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority, including petroleum products ("Hazardous Substances"). In the event that SWA's report reveals that any such Hazardous Substances have been improperly handled, stored, transported or disposed of on the Premises by SWA, its agents, employees, contractors, licensees or inv~tees, and that such action has contaminated the Premises, SWA shall, at SWA's sole cost and expense, promptly take all actions as are necessary to return the Premises to the conditions existing prior to the introduction of any such Hazardous Substances to the Premises by the SWA, its agents, employees, contractors, licensees or invitees. Section 3.07 - Quiet Enjoyment Upon the observance and performance of all the covenants, terms and conditions 8 on SWA's part to be observed and performed, SWA shall peaceably and quietly hold and enjoy the Premises for the Term hereby demised without h~ndrance or interruption by the City or any other person or persons lawfully or equitably claiming by, through or under the City, subject, nevertheless, to the terms and conditions of this Interlocal Agreement. ARTICLE 4: DEFAULT AND TERMINATION Section 4.01 - Events of Default The occurrence of any one or more of the following shall constitute an Event of Default by SWA under this Interlocal Agreement: (i) SWA fails to perform or observe any of the agreements, covenants or conditions contained in this Interlocal Agreement on SWA's part to be performed or observed, and such failure continues for more than sixty (60) days after SWA receives written notice from City; or (ii) SWA vacates or abandons the Premises for a period exceeding thirt,/(30) days. Any time after an Event of Default occurs, and while the Event of Default continues, City shall have the right to give SWA written notice that City intends to terminate this Interlocal Agreement upon a specified date not less than three (3) days after the date written notice is received by SWA. If the Event of Default is not cured within the three (3) day period, this Interlocal Agreement shall then terminate on the date specified as if that date had been originally fixed as the expiration date of the Term of this Interlocal Agreement. If, however, the Event of Default is cured within the three (3) day period and the City is so notified, this Interlocal Agreement will continue. Section 4.02 - Waiver The City's waiver of any default of any term, condition or covenant herein shall not be a waiver of such term, condition or covenant, or any subsequent default of the same or different term, condition or covenant herein. The City's consent to, or approval of, any act by SWA requiring City's consent or approval hereunder shall not be deemed to waive or render unnecessary City's consent to, or approval of, any subsequent similar act by SWA. Section 4.03 - Termination for Convenience Notwithstanding anything in this Interlocal Agreement to the contrary, and only after expiration of the initial two(2) year term as set forth in Section 1.03 above, the SWA and the City shall have the right to terminate this Interlocal Agreement at any time, and for any reason whatsoever, upon one-hundred twenty (120) days prior written notice sent to, and received by, the other party, whereupon the parties shall be relieved of all further obligations hereunder. Section 4.04 - Termination Upon Completion of Existing Facility Notwithstanding anything in this Interlocal Agreement to the contrary, this Interlocal Agreement shall terminate thirty (30) days after completion of all planned improvements and renovations to the existing HHW collection facility sufficient to allow SWA to occupy and resume normal operation at said facility. For purposes hereof, completion of all planned improvements and renovations shall mean completion of construction of the improvements and renovations in accordance with approved plans and specifications, 9 issuance of any required certificate of substantial completion or certificate of completion to the SWA by the City's engineer of record, and opening of the existing HHW collection facility to the general public. ARTICLE 5: INDEMNIFICATION Section 5.01 - General It is understood and agreed that SWA is a special district organized under the laws of the state of Florida and is acting in an independent capacity in the performance of its obligations hereunder and not as an agent, servant or employee of City or ~ts Mayor or Commissione~:s. SWA shall, to the extent permitted by law, indemnify, defend and save harmles~s the City from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Interlocal Agreement for any personal injury, loss of life, environmental contamination, and/or damage to property sustained in or about the Collection Facility by reason, during or as a result of, the use and occupancy of the Facility Property by the SWA, its agents, employees, licensees, invitees and the general public, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney's fees, expenses and liabilities incurred in and about the defense of any such claim at trial or on appeal. In the event City shall be made a party to any litigation commenced against SWA or by SWA against any third party, then SWA shall protect and hold City harmless and pay all costs and attorney's fees incurred by City in connection with such litigation, and any appeals thereof. Notwithstanding anything herein to the contrary, SWA shall not be obligated to indemnify or hold harmless City for matters which are determined, judicially or otherwise, to be attributable to the negligent or intentional acts or omissions of City. SWA recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the City in support hereof in accordance with the laws of the State of Florida. This section shall survive the termination of this agreement. Nothing contained herein shall be construed as a waiver of sovereign immunity or the statutory limits of liability set forth in Section 768.28, Florida Statutes. ARTICLE 6: INSURANCE Section 6.01 - Self-Insurance Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, SWA reserves the right to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence. In the event the Legislature should change the SWA's exposure by Statute above or below the sums insured against, the SWA shall provide insurance to the extent of that exposure. Section 6.02 - Insurance Provided by Carrier In the event SWA maintains third-party Commercial General Liability and Business Auto L~ability, in lieu of exclusive reliance on self-insurance under Section 768.28, Florida 10 Statutes, SWA agrees to maintain said insurance policies at limits not less than $500,000 each occurrence. SWA agrees to add the City as an "Additional Insured" w~th a CG 2026 Additional Insured - Designated Person or Organization endorsement, or similar endorsement, to the Commercial General Liability The Additional Insured endorsement shall read "Mayor of Delray Beach, a Municipal Corporation of the State of Florida, its Commissioners, Officers, Employees and Agents, cio City of Delray Beach." SWA agrees the Additional Insured endorsement provides coverage on a primary basis. Claims-bill indemnification style coverage shall not be considered third-party liability for the purpose of this paragraph. Section 6.03 - Worker's Compensation Insurance SWA agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute 440. Section 6.04 - Property Insurance SWA agrees to maintain property insurance, which would include builder's risk insurance provided by SWA or SWA's hired contractor, while the Collection Facility is in the course of construction in an amount at least equal to the estimated completed Collection Facility value as well as subsequent modifications of that sum. SWA agrees to endorse City as an "Additional Insured" on the builder's r~sk. When construction is completed, SWA agrees to maintain all-risk property insurance for adequate limits of coverage on the building(s) and contents based on SWA's replacement cost calculation, or the highest probable maximum loss estimate for the perils of either fire, wind, or flood. SWA agrees to be fully responsible for any deductible, uncovered loss, or self-insured retention. Section 6.05 - Certificate of Insurance When requested by the City, SWA agrees to provide a statement or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status. Section 6.06 - General Compliance with the foregoing requirements shall not relieve SWA of its liability and obligations under this Interlocal Agreement. SWA agrees its self-insurance, general liability, automobile liability, and property insurance shall be primary as respects to any coverage afforded to or maintained by City. ARTICLE 7: MISCELLANEOUS Section 7.01 - Captions The Captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 7.02 - Severability If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder 11 of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it ~s held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. Section 7.03 - Entire Aqreement This Interlocal Agreement represents the entire understanding between the City and SWA, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. Section 7.04 - Non-Exclusivity of Remedies No remedy herein conferred uoon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 7.05 - Time of Essence The parties expressly agree that time is of the essence in this Interlocal Agreement and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without liability, in addition to any other rights or remedies, relieve the other party of any obligation to accept such performance. Section 7.06 - Non-Discrimination The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out in the performance of this Interlocal Agreement. Section 7.07 - Construction No party shall be considered the author of this Interlocal Agreement since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final agreement. Thus, the terms of this Interlocal Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof, shall be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Interlocal Agreement and the same shall remain in full force and effect. Section 7.08 - Broker The parties each warrant to the other that no real estate broker or agent has been used or consulted in connection with the transaction contemplated by this Interlocal 12 Agreement. SWA agrees to indemnify, defend and hold harmless City from and against any claims or demands of any such salesperson, agent, finder or broker cla~ming to have dealt with the SWA. The foregoing indemnification shall include all costs, expenses and fees, including, reasonable attorney's fees, relating to the defense of any such claim or demand at trial or appeal. Nothing contained herein shall be construed as a waiver of sovereign immunity or the statutory limits of liability set forth in Section 768.28, Florida Statutes. Section 7.09 - Assiqnment No party to this Agreement may assign this Agreement or any interest herein without the prior written consent of the other party(s), which may be granted or withheld at such other party(s) sole and absolute discretion. This provision shall be construed to include a prohibition against any assignment, by operation of law, legal process, receivership, bankruptcy, or otherwise, whether voluntary or involuntary. Section 7.10 - Default In the event either party hereto fails or refuses to perform any term, covenant, or condition of this Interlocal Agreement for which a specific remedy is not set forth in this Interlocal Agreement, the parties shall, in addition to any other remedies provided at law or in equity, have the right of specific performance thereof to the extent permitted by law. Section 7.11 - Governin_cl Law and Venue This Interlocal Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of Florida. Venue in any action, suit or proceeding in connection with this Agreement shall be filed and held in a State court of competent jurisdiction located in Palm Beach County, Florida. Section 7.12 - Bindinq Effect This Interlocal Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective legal representatives, successors and permitted assigns. Section 7.13 - Waiver No waiver of any provision of this Interlocal Agreement shall be effective against any party hereto unless it is in writing and signed by the party(s) waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. Section 7.14 - Incorporation by Reference Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Interlocal Agreement in their entirety. Section 7.15 - Notices All notices and elections (collectively, "notices") to be given or delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party giving such notice) 13 hand delivered by messenger, courier service or Federal Express, or alternatively shall be sent by United States Certified Mail, with Return Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier services or Federal Express, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designated the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: As to the City: City Manager City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 With a copy to: City Attorney City of Delray Beach 200 N.W. First Avenue Delray Beach, FL 33444 As to the SWA: Executive Director Solid Waste Authority of Palm Beach County 7501 N. Jog Road West Palm Beach, Florida 33412 With a copy to: Director of Planning and Environmental Programs Solid Waste Authority of Palm Beach County 7501 N. Jog Road West Palm Beach, Florida 33412 With a copy to: SWA General Counsel cio Palm Beach County Attorney 301 N. Olive Avenue Suite 601 West Palm Beach, Florida 33401 Any party may from time to time change the address to which notice under this Agreement shall be given such party, upon three (3) days prior written notice to the other parties. 14 Section 7.16 - Effective Date This Interlocal Agreement is expressly contingent upon the approval of the Board of the SWA, and shall become effective only when signed by all parties and approved by the Board of the SVVA. Section 7.17 - Filin(~ A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. INTENTIONALLY LEFT BLANK 15 IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: Barbara Garito, City Clerk David Schmidt, Mayor (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Susan A. Ruby, City Attorney ATTEST: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, BY ITS BOARD By: By: (SEAL) SANDRA BOURHAN, SWA Clerk MARY McCARTY, Chair APPROVED AS TO TERMS AND CONDITIONS By: DONALD L. LOCKHART, Executive Director APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: MAUREEN E. CULLEN, General Counsel 16 EXHIBITS EXHIBIT A SKETCH OF PROPERTY EXHIBIT B SITE PLAN 17 EXHIBIT A (Interlocal Agreement) SKETCH OF PROPERTY / 1 / / / / , j 7,00/~00[~1 3~NHO,I~T,¥ 3~[~[ 5'6C['c~'~T9~' .~¥'--~ lO:CT ~O0~/O~/TO EXHIBIT B (Intedocal Agreement) SITE PLAN 9 ~ -10' I:IT¥ OF DELRrI¥ BEI11:H 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 1993 DATE: January 25, 2002 MEMORANDUM TO: FROM: City Commission Brian Shutt, Assistant City Attorney SUBJECT: Proposal for Settlement in Fashaw v. City of Delra¥ Beach The City has received a Proposal for Settlement from the Plaintiff in the case of Cynthia and George Fashaw versus the City of Delray Beach. This action arose out of an auto accident that occurred at approximately 8:00 a.m. on September 29, 1997 between the vehicle, in which the Plaintiff was driving, and a City of Delray Beach fire engine. The Plaintiffs vehicle was traveling west on West Atlantic Avenue and was stopped at a traffic light on West Atlantic Avenue just east of the 1-95 overpass. The City fire engine was responding to an emergency call on the northbound exit ramp of 1-95 and was proceeding west on West Atlantic Avenue and attempted to go around the cars stopped at the traffic light by going on the north shoulder of the road and then making a 90 degree turn and proceeding south down the northbound exit ramp to respond to a car fire on the exit ramp. As the fire engine was proceeding across Atlantic Avenue the Plaintiffs car started to proceed westbound on Atlantic Avenue when the light turned green and then struck the fire engine. The Plaintiffs complaint alleges that Cynthia Fashaw was injured as a result of the negligence of the City of Delray Beach. George Fashaw, her husband, has filed a claim for loss of consortium. The Proposal for Settlement filed by Plaintiffs' attorney is for $10,000.00 for Cynthia Fashaw and $2,500.00 for George Fashaw inclusive of fees and costs. Our recommendation is to deny the Proposal for Settlement for each person. By copy of this memo to David Harden, please place this item on the February 5, 2002 City Commission agenda. If you have any questions, please do not hesitate to contact me. CC'. David Harden, City Manager Barbara Garito, City Clerk MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~--.- REGULAR MEETING OF FEBRUARY 5, 2002 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD FEBRUARY 1, 2002 The term for Robert Desjean a regular member, and Russell Jenmngs, alternate member, both expired on January 14, 2002. Both members have fulfilled an unexpired term and are eligible and xvould luke to be considered for reappomtment. The term is for three years, ending January 14, 2005. Due to the absence of three consecuUve meeungs, Mr. Jay Hasner created a vacancy of a regular member for an unexpired term ending January 14, 2003. All members of the Code Enforcement Board must be residents of the City. Appomtrnents to both regular and alternate member posmons shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor, and a realtor. At this twne the Board has no member as engineer. The following have submitted applicauons and would hke to be considered: Robert Deslean Russell Jennings Willie Ports, Jr. Chfford Torres, Jr. Stanley Watsky Andrew Youngross Mortgage broker (recumbent regular member) Contractor (recumbent alternate member) Lawn maintenance (Also applying for DBHA) Zoning (Currently serving as alternate on Board of Adjustment) Realtor Engineer A check for code violations and/or municipal liens was conducted. None were found. Voter regustraUon venficauon was completed and all are regastered with the exception of Wilhe Ports. Based on the rotauon system, the appointments will be made as follows: Mayor Schrrndt (Seat #5) Comrmssioner Perlman (Seat #1) Commissioner Archer (Seat #2) Regular member/layperson (fulfilling engineer posmon) to fill an unexpired term ending January 14, 2003. Regular member/general contractor for a term ending January 14, 2005. Alternate member/layperson for a term ending January 14, 2005. Recommend appointment of one (1) regular member to fulfill an unexpired term ending January 14, 2003, one (1) regular member x~ath term ending January 14, 2005, and one (1) alternate member xv~th term ending January 14, 2005. boardcomrmss~on memo code board 02-05-02 £1TY OF DELRRY BER£H DELRAY BEACH 1993 January 10, 2002 100 N.W. 15t AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 Mr. Jay E. Hamer 150 North Swinton #200 Delray Beach, FL Re: Notice of Removal from the Code Enforcement Board Dear Mr. Hasner, A review of the attendance records for the Code Enforcement Board indicates you have been absent for three consecutive regular meetings. Pursuant to Ordinance No. 19-95, enacted April 4, 1995, failure to attend three (3) consecutive regular meetings is defined as abandonment of office and requires automatic removal from the committee effective mediately. Enclosed is a copy of the above ordinance for your review. Please note that you may request reappointment to the Board at any time. If you wish to be so considered, please forward your request to the City Manager and your name will be included with other potential appointees when the City Commission fills the vacant position. Your past service on the Code Enforcement Board is greatly appreciated. Sincerely, City of Delray Beach City Manager DTH/ks En.c. cc: Norma Smith, Code Enforcement Board Representative Karen Schell, Executive Assistant/Board I.i~ison THE EFFORT ALWAYS MATTERS BOARD MEMBER APPLICATION 1993 Please type or print the following information: ~e 3. ~t~Residen=:0~_~ <-- ~ e St=e Zip 4. P~dpfl Busbess A~ess: ~ Stye Zip ~e 5. HomePhone: BusNessPhone~/ E-M~A~ess:~O~ ~Phone:~/ F~: ~/ 6. ~e you a re~uered voter?~e~ I{ so, where ~ you r~uer~L. 7. ~at Bg~d(s) ~e y% ~tereued ~ se~g? Pleue ~u ~ or&r of prefermce: 8. U~ ~ ~ Bo~& on w~ch y~ ~e ~ se~g or have pre~o~ se~e& ~le~e ~clu~ &res) dudo q~don~ l~Give ~ p~sent, or mo~ re~nt ~pl~er, md posMon: l~escH~e ~pe4en~s, ~s 9' ~o~e~e wm~ ~.li~y~ to ~e on ~s bo~& ~se anach a brief ~e~e) I here~ ~e a~ve ~at~m~ ~~ ~ ~d ~~d ~at ~ ~s~ment of ~tefi~ fa~ c~ed ~s~cadon ~ ~e fo~ei~ ~ ~ ~~ appo~ent~ ~~ive. E DA~ n TV CLERK Note: Thi's~application will remain on file ) Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S'~C ITYCLER. K~BOA.R. DV~,PPLIC AIl ON Resume of Robert Desjean P~rsol~al Home Address: 910 Banyan Drive, Delray Beach, FL 33483 (Since 4/15/89) Date of Birth: February 24, 1958 Marital Status: Married to Cathie Lee Desjean since 11-26-83 Children: Robert L., Ir. and Leslee Dianne Education: High School: Cumberland High School, class of 1976 College: Rhode Island Community College, class of 1978 (A.D. Business Admin.) Johnson & Wales Business School Employment: 1 i/83 - Present East Coast Finance and Mortgage Co., Inc. 75 N.E. 6~ Avenue, #201, Delray Beach, FL 33483 Position: President Mortgage Lending/Brokering with emphasis in equity type transactions dealing with the placement of both private and institutional equity mortgage transactions and the servicing of same. 11/81 - 11/83 Position: President Same duties as above Babcock Mortgages 2240 Palm Beach Lakes Blvd. West Palm Beach, FL 33407 Professional Designations and Awards: Certified Residential Mortgage Consultant (National Designation) Certified Mortgage Consultant (Florida Designation) 1987 Broker of the Year, Florida Assn. of Mtg. Brokers Palm Beaches Chapter 1988 Broker of the Year, Florida Assn. of Mtg. Brokers Palm Beaches Chapter 1988 President, Florida Assn. of Mtg Brokers Palm Beaches Chapter 1989 - 1993 Legislative Chairman, FL. Assn. of Mtg. Brokers Palm Beaches Chapter 1985 - Present: Numerous Committee Appointments on both a State and National Level. Civic: Kiwanis International: Active Member 01-99 - 08-00 Rotary International: Active Member 08-87 - 01-99 Rotary International (Delray Beach Sunrise), President 1993 Rotarian of the Year 1993 Paul Harris Fellow: 1993 Licensed Foster Care Provider for New Born Infants since 1995 Member, Saint Vincent Ferrer Catholic Church, Delray Beach, FL 1999 and 2000 President of the Tropic Isle Civic Association Palm Beach County Citizen's Advisory Board (2000) Palm Beach County Republican Executive Committee (2001) United States Coast Guard 100 Ton Captain's (Master) License ~ '~3' San. 10 2002' 200~ PHOI IE I10. : OOOOr3r3Ot~ ~49 37'4 CiTY GI~RK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 5 IR-Mail Ad&e~s: Cell Phcrne- ' '* ?c%;. ~o:u'd,,; ~reyou 2ntcre~d,,a ,e~-~uag?Pt~a,,l~ tn order ofpicfrrcnc~' ., I_~. ~.. :~cd professional ec~fic~do~ ~d hcenses w~ch you ho!d: 2 '~.~', ; ~ ,-c ,,;~e Rfc Co~7~c~..: .  7~,," ,,~, ';~e,~ ~ O _ .. ~. · .... t -. ~ ~eat, or most rcc~t ~ployer, ~d po~uon: -"- ]%o..tda o~ whmh ynu arc cuzzentl/s~rvlng nr have p~Iy served: ~leasc m,:lude da£e;) .2 you to sc:re on r. hie boar& ~lcasc attach a brief r~,~urr, c~ ' '.L~ c.- :~ =E~ ~p~ ~y ~e f~f~e ~ my p~t of any appo~ent I m~y retire. .... ~ ~ ( ~ //~/~ ~ RECr='VED JAhl f 0 2002 CiTY CLERK DELRAY BEACH CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: I. Last Name:: Name Middle Initial Putts, Jr. Willie 2. Home Address: City State Zip Code 634 Angler Drive Delray Beach FL 33445 3. Legal Residence City State Zip Code 4. Principal Business Address: City State Zip Code Business Phone: I Fax: 5. Home Phone: 274-9087 274-9087 I 6. What Board(s) are you interested in servi,n,g? 7._ List all City Boards on which you are-currently se{ving or'have previo3s137s~l:ved: (Please indlu-de dates) ~ I 8. £ducational qualifications: GED 9. List any related professional certifications and licenses which you h,91d: ·. I 10. Give your present, or most recent employer, and position: Pot:ts Lawn Maintenance I 1. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby cert/fy that a//the above statements are true, and ! agree and understand,that an}, rrn/sstaternen~ of mater~a~ facts conta/ned /n th/s app//cat/on rna}, cause forfe/ture upon rn}, part of an~, ?ppo/ntrnen. t I may rece/ve. R E C E I VE D t, jUJ~ CUA~. JAN012001 1' j-O I S1GNATURF DATE CITY CLERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYCLERK~BOARDkAPPLICATION AUG-O~-DD 11:OOkM FROM-CITY OF BOCk ONE STOP CTR 561;6T?D4g T-?gO P OZ/04 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION F-3Bg ?!¢,,',e t'ypc or pr~: :he followi~ l. LLs'c'Namc:: Torres ~ ,,l"r. 2. liol~c Ad~r~ss: 1845 Palm Cove Boulevard Ape. 301 3. Lc~q] Res/drace 1845 PaLm cove Bouleva:d ~. :Fr~nc~ Busme~ 20i V. PaLmetto Park Road 5. Home PhOne: " ' ($61) 27&-O938 &pC. 301 Clifford City Delray Beach c~ Delray Beach Cky Boca Racon E. S:s~e Zip Code Fl. 334t$ S~Lt,~ Zip Code Fl. 33~5 33432 393,77793 (561~ .367-70~9 Bw~z~ssPbone: Wh~Boarcl(s)a~e youJraerestedin~rvm~?. Boa~ of Adjustment, ~atning and Zoning Board, Code En£orcemenc Board List ~11 City Boards on which you are currently serving o~havc previously served: CPlca~c include dal~) $. £cl~ational qualifications: Please see attached resume. List i~ relaled pro~ssional cettifi~rio~s and licenses which yc~ hold: Please see attached resume. 10, G~ve your present, or ~os: ~ce~t e~plo~r, and positi~n~ City o~ Boca P, acon- Development Servi. ces De~arL-ment - ZonSne 11. Describe experieo~e~; ~ills or kao~lcdge which quali/~; you w serve on ties board: (Ple~e a.,-'raCh a brie~r~umc) Please see at:ached resume. I hereby certify that al~ r_he above statements are true, and I agree and understand that ~ny misstatement of ma~_erl~l f~c~s contained In this ~ppli~Uon may ~use fo~itu~ upon my pa~ o~,y ' RECEIVED sz~ ~ AUG 0 3 2000 o*~ CiTY m ~nK This application will rern~i~ on fil~ it/ihi Cit~Clerk's Officg fo~ a pcrio4 of 2 yc~rs fi~m T~C cla~¢ submiv, ecl. It will br the applicant's rc.sponsibili~y to ensure that a cur~cnx application is on file. ./ ClU~rd E. To~es Jr. 1~5 Palm Cove Blvd., Apt. tiS01 Delray l~ea'ch, Florkla 33496 (561) 274-0938 Career Objec~ve: Mis mud ?rainhl; ~lm:aflou: Professional Hi~ory: 11 ~$-Present 01/9%11/98 To secure · cbailenging end t~,easlbl~ posMon in local 8ovemmen~ with the Comm~mi~y DeveJolXnCn~ Deperunem with respo~il~y for ce~prchensive planning, zee~g, land developmenL and growth mauag~mmt. Work doae m WordPerfect, Mi~rosoR W~mdo~s, PowetPoim, Worksmioo HT 4.0, l~io'osofl Access, Micromti Word, Micromt~ Exo~L GIS Mapping Sysl~xi 0Ctena/IXT. D 12), Cettif~xt Level H "Florida Ass~iatioe of Code Eafo~c~amt', Ce~iied ~okk:ml~ School of Real £sta~~, Workshops reJm~§ to m~micipal government, Flue~ i~ Prench Florida Atbufic University, Bom Rotan, Florida Completing a D.A. degFee iD Public Admtnis~aztofl Seminole Community CoJJege, Orlando, Florida · Ar~wcim~ of Ar~-~ 1991 City o! Boca RaMs, Florida Zooiqg Offuc~r in the Development Services Depamnmt fo~ the City of Boca Paten, Florida. Primary responsibilities include thc adminisuafioo of the City's zoaing office which facilimes the review of permimxl aad coaditional land use approvals, the expedi~g of all commercial and reside~Ti~d building petmhs, adminLqlxafion of the City's ~'iagen! sign code~ review and approval of sign l~a, ks, and PEMA raandated flood zeoe compliance rcvlov. C~her primary duties and tespolm'bilifies include: · Review l~nn~_¢a_ and ~x~ditional land u.ne ~o~ ~ ~ ~ ~ C~ C~c~. Ad~L C~ C~dL ~d ~ ~~ ~evel~ Ag~. ~~le f~ ~e ~~ ~d ~c renew of aH ~~, m~i-~ly, ~d ~ ~ ~vel~mmt ~ ~mC ~ble ~ wo~d~ ~ble ~e ~d ~ ~~ ~g ~g ~ Z~g ~d ~e County Ge~rement, Florkla Aqa,lyst for the ooumy Zoning Divisloe. Primary rusks included: SupervLqe md participate h the analysis of site plans and erchltecturai documents for all types of development, to determine compliance with applicable Zoning Regulaxicms. AUG-O3-DO 11:01kM FROM-CITY OF BOCA ONE STOP CTR S61367704g T-?gO P 04/04 F-36g Ref'eronccs: · Review and process applicm~om for ub¢ Bosrd of Zoning Adjus~m~ Plauuing & Zoning Commlsslco; ss well as s.ss~ in ~hc ~io~ of · Assis~ in the prepm-a6ou of speehl projects md reports reJar~l to ~he developme~ and 8dminisu-a~ of Counzy land use and developm-o~' ~and~'d~ ~d r~guhfm. · Msinuin corrcspendmce w~h d~elopcrs, commm~ity crgauizsEJous, and As5~ ~c public end smffin resolving ~be mos~ complex probkms rela~ivc (o ~h¢ impl~nenusfion of Zoning Regui~ion~ · Vas~ knowledge of the developmm! review procedures md practic~ l~presenmive of lhe Zaoing ~~! in ~he oduc~i(m of the citiza~ ~ known as ~he 'C. i6zms Academy". AV~ilnble upon requ~. I~EC--02--00 12:$7 PPI >~8T$9 2459655045 P.B1 12 01.'oo FRI 1~:05 FAX S~i 249 ~774 Cl~l' C~ ~602 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION .?.lS.a_s.c.~'_p..e ~.:~-print the. £?llowmg infonnmion: ] 1. Last Nm~e.: i Nam~ . Middle ,~ ~,,,-,-,~ Aa~ss: _ I c/.. ~, I s~ ,-~¥'Co~ is"t%~St'[e~:~ ................ ~ ~F .... ,'~;,',- 4. Principal Bu~_'incss Address: J CiD' , u.~in¢-~s Phone: "~ ~"~ ~'"'"'" ~/ ~ 7~ - o.e.~ __.:.: F ......... "~ ~ ~ ..............--'--' ~ Q ~ ~: --- ~ Educational quat~l,,at~n~: ~ ~ __ . ~ f ~ Zip Code CiTY CLERK %fi',mh~e(~ II ~x'ill 'be fl'~e al.~plicat]t'~ ,espons~bihD' to ensure that a ct~.t'~llt appllCatiOll is ol] 01e · ' , or most recent cmplt,)'¢r, and positi.:)~)'~ ~l. O~s~i'~T~e,,ee~. s~-~li or ~bwl~g~]~{~l,~ you ~i'~2V~g~-hTh~ i~[iTl e~* above statements are true, and I ague and understand t/tat any , ,m~s3ta~e~en~ o~ materi~l facts ~ontained In ~hi~ ~pplication ? of any appointment I may re~ive. ~ECEIVED ' / i .. ' , Jan 2S 02 03:35p ¥oun{ros-Candenal&Rsso: ~ CITY OF DELRAY BEACH .o~.o MEMBER APPLICATION , Please t~pc or print the folJowu~ ioforrnztion: J. ~1 ~cs~dcnce: C,ty / S~c~ Z~ Code 4, P~cip~l B-~ess Ad.ss: ~ 5, 'Home Ph°~e' Business Phone: E-M~ ~d~ess: Ce~ Phone'. Fax'. ~, ~,~t Bo~rd(s) xr. yn,: mrere~[ed m se~mg> ~lease hst m ~dez of~fctencc' 8. ~5t a~ Ci~' Boards on ~hsch you ~c c~endy s~mg or h~x'e prm~a~sl3' se~'ed; ~lcase include daxcs) 9, Educi6onil qu~ficn~ons: 11 ~xve ynur pre,nc ot most r~cent cmploy~, and pontoon. -iZ D,s~bc ex~nco, s~ or ~o~lc~c ~ch qu~ you m i ~ereby c~ru~ ~at ~ ~c above sta~m~t~ ~C ~e, and l~ee condition m,y ~u~e forf~e upon m)' p.~ of J his appbc~oon ~ remal~ on file m d~c CiD' Cl~k'$ 0~6c. for u penod of 2 ye~ from ~e ditc it was subdued lc w~ ~ ~e appbcanfs z~pons/b~' [o ~sure ~at a ~em apphca~on xs on ~e RECEIVED JAN 25 2002 CITY CLERK MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM qt/~ - REGULAR MEETING OF FEBRUARY 5, 2002 APPOINTMENT TO THE BOARD OF ADJUSTMENT FEBRUARY 1, 2002 Ms. Jillian Woehlkens was appointed as a regular member on the Board of Adjustment effective January 8, 2002 thereby creaung a vacancy for an alternate member for an unexpired term enchng August 31, 2003. To qualify for appointment, a person shall e~ther be a resident of or own property in the city, and/or own a business within the city. The following have submitted applications for consideraUon: John Baccari Wflham Branmng Benjarmn Packer Gary Rosen (currently on Board of Construction Appeals) (also applying for Delray Beach Housing Authority) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and all are registered. Based on the rotauon system, the appointment will be made by Commissioner Archer (Seat #2). Recommend appointment of one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2003. boardcomrmsslon memo boa 02-05-02 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION - 1993 imfomm~oa: 112 ~. E. lie Aveuue 2~3-0055 S61-832-9110 WhatBo~s)~eyauifltcrested hsendfl~ . . SZ~e ~an Re~,? &Appearance Board ~'"~iC:i~'Boardson which you a~ cm'rcnt.lyserv~gotbnvepmviouslyServ~:CPleueinclu~d&~s) '" Board of AdJuscnenc - 1991-1993/1995-Present-Cern ix~xes 8/31/00 . ~oard of Consczuccto~AI)pe&ls ~iOnA tcanons: ,, B.A. in at~h~ceccuzeo ST~acuseU~L~ersicy , j 9. "~LK Iffy relatKl profeuioflil M~fi~cions lad licenses which you hold: hereby oertif), that all the above sMt~ments are tn;e, and I agree and undersMnd that any mi~tatement of mater~al fac~s contained in this application m~y couse forfeiture upon my part ~ subr~tted. It will be the ippLir, lm's res JUN ! 3 2O00 CITY CLERK 13:47 SS3 243 3'1'74 ~. P.83 .Corpora't: t om S~.3 "Z'/Z "/440 CITY OF DELI~Y BEACH BOARD MEMBER APPLICA'~'IOH '.001 ' ,' . . , · . / · ~ ~ -I~.. ' . I C 'I'U~ 1Z:54 FA.L 5UI Z43 377& CITY Chle~ DB_RAY CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 J~i oog i/-/~-0_~ Pl~e t,me or pi~t th~ followini infom~do~. 1. Last Ho c 3. Leg'll l~sidence: 4. P,-iacip~l Business Address: 5. Home Phone: J Busioess Phone: 22p Code E-Mail Acldre~: [ Cell Phone: [ Fax: '1 8. List ~11 City Boards or~ which you azc cu~enr, lI' sexving or have p~o~ s~e& ~l~se ~d~e ~t~) 9. Educational ~,-I,fi~fi~: " 10. ~st any ~e~ted ptofes~o~ c~cafions ~d Ec~ w~ you hol~ I 1. G~e yo~ pt~ ~ ~t ~t ~pl~, ~d po~fiom I hacby c~tif7 tlUt · sm~cmen~ ~ n~Je, and I ~ ~nd unde~r~md ti:mt ~my misstatement of mst~aisl ['acts csuse foffeitur~ upon my psrt of my -ppolnuriem I rosy r~c ,circ. / I Not~ This ~pplic~tion ~ ~ on ~ ~u ~he City Clerk's Or. ce fo~ period o~2~~, tc it ,v~ submitted. It will be ~e appIic~nCs r¢$po-~billty to ensure that a cu~ent . NOV 1 6 2001 ,~. F~SK MA'hL4GER$ ~ 1987-~ CORPORATE PRESIDE~f. RTW, R/sk Managers ~ organ/zed to pzovide risk management functions such as risk financing and loss control for industries within the realm of light manufacturing. The Motive for the company's operation %ms to fill the risk manage- ment requirement for ompantes whose size would normally preclude them fr~n hiring a risk manager. OCT0~,1982-FARC~,1987 CCRPORATE VICE PRESIDENT OF B.D.COLE,~. Responsible for new business product/on. To maintain a viable working relationship with present companies. Executive Vice President and Director of Cole Associates Syndicate,Inc. of the Insurance Exchange of the Americas, Miami, Florida. Elected Charter Treasurer of the Insurance Exchange of the Americas' Brokers Association, Inc. BEN F. RICKE~ & ASSOCIATES Ft. Lauderdale, Fl. DEaD.ER, 197 8-October, 1982 Ben F. Ricker & Associates operated as a c~,uercial general insurance agency RELIABLE INSURANCE COMPANY Columbus, Ohio JASI3ARY 1977-D~C~2~ER, 1978 National Director of Marketing. responsible for d/rect marketing and contract negotiation with Independent Insurance Agents through- out the United States. Managing sales force within the cc~pany creating a total of 83 agency appointments and producing 2.6 million dollars in volume over the 12 ~o~th period. P.O. BOX 83.2041 · DELRAY BEACH, FLORIDA 33483 · (305)794.7735 407-274-8907 .Ifil -COMPANY INC. RISK M4NAGERS SEL~ E~OEK) Hollywood, FI. Haxch, 1976-January 1977 Consultant to c~m~rcial banks, large retail risks in the fields of risk management, general insurance self insurance p~ograms. Worke~ with insurance agencies in the fields of sales motivation, vali~ation requirements for ne~ sales people and agency management. ~/CKER Cocoa Beach, Florida June 1953-Narch 1976 Starte~ in general insurance sales. Became President of the cc~any responsible for a~tnistration and sales. A~ency vol~ne increased in this perio8 frc~ $132,000 per year to over $700,000 per year. P.O. BOX 83.2O41 -2- · DELRAY BEACH, FLORIDA 33483 * (305)794-7735 * F~8 ~[907 llll BOARD MEMBER' APPLICATION 1993 2001 Please tTpe ot pr~ the fono~in& reformation: 1. I. ast Name: Rosen 2. Home Address: 817 NW Second Avenue 3. Legal Residence: 4. Principal Business Address: 1515 N. Federal Bwy. Suite 300 5. Home Phone: I Business Phone: 330-0099 [ 266-9669 6. Arc you a registered voter? Yes Nme G&rv ~ray Beach O~ "' Boca Raton [E-Mail Address: /Cell Phone: garyrosenOatt.ne~ 251-1065 If so, where are you registered? Delrav Beach. FL State State State 7. %X'hat Board{s) ~e you interested m servml~.: Please hst in order of preference: Planning ~oning, Board ~f Adjustment, 'Comm. Redevelopment, M I. Zip Code 33444 Zip Code Zip Code 33432 266-9166 Housing Aut~ 8. ~staBCm~B~ards~nwh~chy~uarecunen~ysen~mg~rhave~r~i~us~ysen.ed:~easemc~udedates) City of Boca Raton Zontno Board Of Adjustment - 10 Years 9. Educadonalqu~ficauons: State Universit~ of NY - RA Ohio State Universit~ 10. ~stanvrelatedpro~ssionalcemficauonsandhcensesw~chvouhold Florida Real Estate & Mortgage Broker Licens 11. Gwevo~ ~esent, or mostrecentemployer,~dposmon: TayIor Marketing Group - President 12._Desm~ ex~en~s, skills ~owl~.jchflu~yo%to_~erv~onthisbo~d:~le, se~n~ch~bnefresume) Ten xears oz servxce as a eemoer aha unaxrman of the Boca Raton Zoning Board of Adjustment, Real Estate Developer, Consultant, Builder. I hereby certi.~aa~'~pa ye statemenu ate true, and I agree and undetztand that any misstatement of material facts contained ~u~y c~use forfeiture ~ my part of an)' appointment Ira ay rece~,e. ~ Nov. 12, 2001 ~ote :mac OITY OLERK - ~,INOOM: (e~e"l) e~?,-?7oO ~ August 20, 2001 Mr. Gary Rosen 1027 Pepper Ridge Terrace Boca l~ton FL 33486 Dear Mr. Rosen: We want to thank you very much for your sen~ice as a member ofthe Zoning Board of Adjustment over the past ten years. Because of your dedication, Boca Raton is a better place for all of us. In recognition of your service, please find enclosed our Cmificate of Appreciation. We wish you success in your future endeavors. LeifJ. Ahnell, C.P.A.,C.G.F.O. City Manager la/jr enclosure GARY ROSEN IOZ7 'pefldge T&ce Boca Raton FL 33486 November 12, 2001 C~ Of Delrny Beach 100NW l"Avenue Deh'ay Bew. h, Florida 33444 I have recently moved to DeE'ny Beach having been a resident ofBooa Raton for the past fifteen years. While residing in Boca Raton I served as a Member and Clmirman of the Zoning Board of Adjttstmem for a period often years. I now have an interest in servi~ ns a member ofan Advisory Board or Committee for the City Of Delray Beach. Since 19791 have acquked and developed real estate in South Florida, acted as a oonsultant for various national and regional development firms, and have served as President of the Florida Atlantic Builders Association representing more than one tho~ builder and assochte members. My preference would be a position with Pianni~ & Zoning, Board of Adjustment, Community Redevelopment A~ency or Housin~ Authority. I cnn be reached by mail at 817 NW 2sd Avenue, Delta), Beach 33444, telephone at 251-1065 or via fax at 266-9166. Your consideration on my behalf is appree~. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~/~- REGULAR MEETING OF FEBRUARY 5, 2002 APPOINTMENT TO DELRAY BEACH HOUSING AUTHORITY FEBRUARY 1, 2002 The term for Morns Wemman expires on March 6, 2002. Mr. Weinman has fulfilled an expired term and is eligible and would like to be considered for reappointment. The term ~s for four years, ending March 6, 2006. Per statute, an appointee may not be an officer or employee of the City. Further, each housing authority must have at least one member who is a resident, current in rent, of the housing project or a person of low or very low income who resides within the housing authority's lurisdiction and is receiving rent subsidy through a program administered by the authority. There currently is a resident-member serving on the Housing Authority. The following have submitted apphcations for consideration: Edward Desmond Joe Farkas Philip Friedman Barbara Holden Nathan Ilse Willie Potts Gary Rosen Morns Wemman (also applying for PERC) (also applying for Code Enforcement) (also applying for Board of Adlustrnent) (recumbent) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the excepuon of Willie Potts and Nathan Ilse. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the C~ty Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal bas~s and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Mayor Schmidt, (Seat #5). Recommend appointment of one (1) regular member to the Dekay Beach Housing Authority to a four (4) year term ending March 6, 2006. Board commission memo dbha 02-05-02 'l CITY OF DELRAY BOARD MEMBER APPLICATION 1993 · ~e hvFcvn~on: E ]f)¥,t 68E9g~,E 19fi:XV~ Hfl,LI~fld qYNI(I,X/¥D:NO,H B:I 6.q: I(I flH,L 1999 - Pr, ;sent 1987- 1919 1977 -- 1183 1972- 19' 7 1965 - 19, 2 1964 - 19t5 1959 - 19t ~ 1957 - 19.s ~ 1955 * 195 7 1954- 195 EDWARD C. DESMOND 5473 Grande Palm Circle Delray Beach, Florida 33484 (561) 496-3596 PROFESSIONAL EXPER/ENCE CARD~ FUR.NFI73'R~ L.L.C., Delxay Beach, Florida Owner C.T~'. ~, Stratford, Cotmecficut V'we President. SchooI Divlston DMS ASSOCIATES, Fairfield County, Connecticut Management Service Consultant TOWN OF WILTON, Conn¢cticu~ First Selectman (Elected Office) WILTON PUBLIC SCHOOLS, Wilton, Connecticut Director of Management Services WESTPORT SCHOOLS, Wes~ort, Connecticut Comptroller DAlq'B~Y PUBLIC SCHOOLS, Daabury, Conaec~dcut Assistant to Superintendent for Business/Finance SOLrYH SCHOOL, New C~n~n, Connecticut PLYMOUTH STA~E COLLEGE, Plymouth, New Harapshh'e Principal of K-8 Laboratory School, and Director of Student Teachlng Supervising Teacher COI'4WAY ~LElVfENTARY SCHOOL, Conway, New Hampshire Prim/pM PINE TREE SCHOOL, Center Conway, New Hampshire Teaehtng Principal 198:3- 19 1972-19' 1960-19 1970-19~ 1966- 19{ 1956-19~ 1950-19~ ~7 54 '2 ;8 OT~R EXPERIENCE Small Business Owner Westport, Connecticut FAIRFIELD UNIVERSITY, Fairfield, Connecticut Teacher of (~raduate Courses In Negotiations UlqIVEI:~SITY OF BRIDGEPORT, Bridgeport, Connecticut Teacher of graduate Courses tn Finance Owner o Real £state/Cons~ructlon Business Plymouth, New Hampshire l~art Co~na~issioner (Elected Office) Plymouth, New Hampshire tYeclnct Cdmmls$ioner (~leaed Officer) Plymou*,h, New Hampshire ,4lter~attve ~etn, esenta#ve to t~ouse of Represeagatlve$ from Plymouth, lqew Hampshire EDUCATION lqational Association of School Executives University ofBrklgcport, C.A.G.S. University, M.Ed Plymomh State College, B.S.. PROFESSIONAL AFFILIATIONS · Conuectictn Association of School Business Officials President-Elect 1972-73 / President 1973-74 · Connec~icu! Associalion of Superintendents · Conway Teacher Association President 1955-56 · Danbury Association of School Business Officials President 1970-71 / 1978-80 · National Association of School Business Officials · Phi Delta Kappa 'vice President - Bridgeport Chalrter 1972-73 References m~ilable upon request. DELRAY BEACH ~'~~1 I I CITY OF DELRAY BEACH 'qll ® BOARD MEMBER APPLICATION 1993 2001 Please type or print the fotiowing reformation: 2. Home Ad&ess: 3. ~ Residence: P~p~ B~ess Address: 5. Home Phone: ] Business Phone: 6. Are );ou a re~stered votc~? State State State E-Mail Address: CcH Phone: M. I. Zip Code ? .es'ts - Zip Code Zip Code Fax: If so, where are you registered? ~hat Board(s) are you interested in serving? Please hst in order of preference: 8. List aLC. ity Boards on which you are currently serving or have pre, qo'.:slv se, red: (Please include dates) 9. Educational qualificauons: 10. List an3, rehted professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify that all the above statements are true, and'I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. NATI~RE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years submitted. It will be the applicant's responsibility to ensure that a current applicario?~ ~:IW'~, ~ ITYCI. EIUC\BOAR. D' AP PLI(' 4TlO~ NOV 2 9 2001 r,.~'rv C',LERK 767 Northwest 37th Avenue Delra~ Beach+ Florlde 3344S (407) 499.4S78 I I I SUMM~RY OF OUALfFICATIONg ¢ Positive "can do" ittitude · Orjenized and innov~ve · Excellent fnterpersontl relations · E. ffe, cu~ written communication · AdaptAble and flex3'ble WORK t"X'P£RI£NC£ AI'iTRUST BANK, LOAIq OFFICER, BO~ ~TON ~IFO~ ~E~ SA~GS & ~ oB~nch ~~r- Pomptno h~ 12/1/92 to present 4/8$to21ugsuntx 11/92 (1987 to present) · Manalement respons?bilities include operatinl budfei and sttK ensurin~ complete customer satish~on w~e controRi=~ expenses · Create customer awareness b~ developini and implementinl marke~n~ ptorrnzns and solicittn~ outside bus~uess · Branch cons~en~ achieves over 100~ of production ~oals · Provide bigb customer service levels empbasi~ problem resolution and st~ff development · Increased deposit base ~rcrm $12 mRlion to $$I mRlion · Received several 'Branch Manaier of the Month' awztds gAssJsunt BrAnch Marmger · Boca Fas~ (1986 to 1987) · ~isted h ~ ~e~on~ ~ of b~nch manalement nFJoater. Browird and Palm Beach Counties 1986) · Involved in teller and ravings ~unctions for branches within Broward and Pttm Beach County FIRST BANKERS · lVhrpte, FL, BHud Teller · Control]ed d~ operations · Supervised mff of $ · Conducted surf and tnf~l meetings · Provided customer service · Minimized losses UNIV~RS~ OF TOLEDO - Toledo, Ob. io Bacbelor of Business, 1982 12/~3 to 4/8~ ~ CITY OF DELRAY BEACH ~ll~J BOARD MEMBER APPLICATION 1993 Please type or prin~ the followin~ in{omlazion: 2. Home Address: 3. Le~ Resident: C.~ St.a~ Zip Code 4. Principal Business Addr~s: City Sr~r~ Zip C_.xxie 6. Are you a Registered Voter? _ . H so, where are you. j'e~stered?.._ 7. _l~al ]~oard(s) are yowl intereg:e~ in ~rving? __ D . 8. Lis~ dl City Boards on whlclr'¥ou are currently serv~ or have previously serve& (Please inchde da~es) 9. Edu~6~io_n~l ~//caions: / t 10. List any related professional ceni{icafions and licenses which you hold: 12. Desc3il~ ex~. fimces, ~lls or lmowledge which qualifyy ? seine on, this bo.ar application wll remain on file in the City (2~e~% O~ce {or a period of 2 years from the date it was ,ubmined. h w~! be the applicant's responsibility to ensure that a current application is on file. i~'TI'YCt.BL~Okt. D~JgLIC ATION RECEIVED APR 2 3 2001 CITY CLERK · 03/03/02 TH*ti 09;~9 F.&X Se3 ~43 3774 -CITY CI,,ER,K CITY OF DBLRAY BE. ACH BOARD MEMBER APPLICATION lq93 2-.,03 '"lo.'"c.i,,. 7'~ ~_' ,,nt. ~t ,nog re,:,mt ,mi, lcd. -,,,~ po~uo-: ~uNmixte& h: ~ be thc applic~'s r~:~o~ ' t curr~t q~F~cenon ~~,,,~,x~c,,~, RECEIVED HAl? 0 2 200! CITY CLERK 03/01/01 09:43 TX/3tX NO.24S1 P.001 G ~i/~i/1996 CITY OF DELI[AY BEACH BOARD MEMBER APPLICATION ~993 ~00~ ~looz Sram Zip Zip Code 6. A~youar~g~tcxcd,'ot~O .it ' If~o.~'czcaxcyoureg~texed~ ' ..... .ze,¢ , r-,~. r~ c ?. ~'l~c BingO(s) ~c y~a iate~:*l~'d ~ ,~vi~ l~aae li~t in ordes ol'prefcrence: "1- 8 t.:~ ~l~ .~r. Board. 'm wk[:h ,,ou ¥~ exu~ccndy ~e. rvLn$ ur h~vc pze~,toudy ,e~ed: (Plesse mclade datezl : ,-~- :~.d ;n d~ applica~i<m rrm~ ~.~u~ forfcitu~ opoo my part of'~.ay ~ppoin=nem I m~.v N.~te: '/~iS applic~cio~ will emma on ~.1¢ in the Cie/Clerk's Ot'l~ce foz a pc, dod of 2 yeazs f~m the d~tt it ~t,xs ~u~'..hted. It ~,ill b~ the ~ppliczn:'s zcspomibilkT to ca,utc that, ca=em ,pphcado~ i. un fil~. RECEIVED JAil Humer College, New York, NY; Postgraduate C~n~r Memal He~th, lqzw York, MA. Edueat~ BA. French Clinical ~mmmior Canificate l~acfical ~ Certificate Basic Certificate 1974 to prezent 1974 to 1996 h~d~l~nd~nt Consultation Center. Bror~ NY Bi-lingual Counselor/Psysc~otherapist (Spanish.reach) 1O7g to 1989 £~ex Collese of Business, Newtrk NI Director, Dir~tof Student Servi~ n~d Special Pwsrams, Directt~i-lingual ProSnun, Currimlu~ Developmeat, Director Admi~'ork Placeaumt, ~ad Finaachfl Aid, C. xED 1983 to 1987 Tmafly Adult ~ Teaafly. NJ Lecture~. W~. Parent Edueafio~ 1988 to prusem The Children's Academy, Newmk, lq] Founder, Truste~, Executive Director ! 991 to ! 992. Essex County Coltege, Newark, NJ Adjunct Professor, Women's Cerlter CER~CATTI_ONS AND LICENSES: New York/New lersey 'New Jersey New York/New Jersey State of Maryland National Board of Certified Counselors Academy Cliaical ~ Coun~or~ Permanent High School Teacher (Spanish/French) Permanent Nursery/K to 8th Grade Licensed Practical Nurse Lie. eased Profession~ Co, m~elor C~ili~l Court.or Certified Meatal Health Counselor Cenif~ Social Worker 1Mr. EMBERSHIP$: New J¢.,'scy Miff Comzselocs Association American MH Counselors Association New- Jersey Professional Counselors Natjon~ Association Social Workers Ur.:! a~. ~_ 7: ~ It. iversahst Nau¢,:~a! l:.duca~ion tbr Young Children New lcse? Assocaation for GiRed Children Founder, President, Chair Nomination/Elections, Legislative Chair Regional Coordinator, Regional Representati,,e ~o Board Executive Bo~:[, Legislative Committee Member Membership, Fufldnd~ing. Program, Education Member M~'nber LIS'I-.ED: Who' s Who of American Wome~ V,'I,., .~ v,'}.,,, in the East In: ~ ,.~;,onal Leaders of the World .A?o2e,'7. D~sorders Association of America N?,.'.:,: ,-~ a,¢ademy Certified Clinical Mental Health Counselors Registry Ney., lei se3; Professiomil Couns~lor~ Regisry ~:*~,£e,. ~ional Registry National Association Social Workers Fioe;. ,~; .~.p.,nish, French, Gemmn, some Italian. Grant writing. Traveling extensively in Europe and Sot~t?, A~e~ca Working with disadvantaged minorities. Re£erertces upon reque~st. DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. Last Name:: Name Middle Initial Ports, Jr. Willie 2. Home Address: City State Zip Code 634 ,,An~ler Drive Delray Beach YL ~445 3. Legal Residence City State Zip Code 4. Principal Business Address: Ci~ State Zip Code S. Home Phone: 27,-9087 Business Phone~7,_9087. ] F~: I 6. What Bo~d(s) ~e you interested in se~ing9 7. List all Ci~ Boards on which you ar(cunently se~ing or have previ~sT9 (e~ed: (Please include dates) ~. Educational qualifications: 9. List any related professional ce~ifications a~d litanies ~hich you ~ld: -, 10. Give your present, or most recent employer, and position: Ports La~ ~intenance ! 1. pescribe experiences, skills or knowi~ge which quali~ you W se~e on this bo~d: (Please a~ch a brief resume) I hereby ce~i~ that ~11' the above statements are true, and I agree ~nd unde~tand~hat any misstatement of materiM fa~s contained in this application may ~use fo~eiture upon my of ang.appointmeet I m~y receive. ~ E O E I VE D SIGNATURE ' v CLERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. $~CITYCLEIOGBOARD~PPLICATION .I C'ITY .OF DELRAY BEACH III11 MEMBERAPPLICATION 1993 2001 - ..Please type or print the following information: 1. Last Name: Rosen 2. Home Address: 817 NW Second Aven~ 3. Legal Residence: P~ncipal Business Address: 1515 N. Federal Hwy. Suite 300 Home Phone: Business Phone: 330-0099 266-9669 Are you a registered voter.: Yes Delray Beach tit3, City Boca Raton IE-Mail Address: [Cell Phone: garyrosen@att.ne~ 251 -1065 If so, where are you registered.; Delra¥ Beach: FL State State State Ft. What Board(s) are you interested m serrm~:? Please hst m order of preference: Planning & Zoning, Board bf Afl3ustment, Comm. Redevelopment, M. I. Z~p Code 33444 Zap Code Zap Code 33432 Fax: 266-9166 Housing Aut~ 8. DstauC~n~B~ards~nwh:chv~u~ecurren~yse~.ing~rhavepr~u~us~yse~.ed:~eas~mc~udedates) City of Boca Raton Zoning Board Of Adiustment - 10 Years 9. Educauonalquahficauons: State University of NY - AA Ohio State University 10. hstanvrelatedpro~ssionalcemficauonsandhcenseswMchvouhold: Florida Real Estate & Mortgage Broker Licens 11. Givevo~ ~esent, or mostrecentemployer, andposifion: Taylor Marketing Group - President 12. ~escfi~e ex~fien~s, s -kills ~ ~o~edge ~ch flu~ yo~to_s.etv~ on ~is bo~d: &lea~ attach~ b0ef resume) Ten xears oz service as a MeNDer flno cnfllrman Of the ~oca aaron Zoning Board of Adjustment, Real Estate Developer, Consultant, Builder. I hereby ccru~a~ ~vc statements ate true, md I agree and understand that an)- misstatement of material facts contained ~/3fis~ ~.~hay cause forfeiture upon my pan of an)' appointment Imay receive. ~ --~ NOV. 12, 2001 $] GNATUP,.E / subn~==cd, h wLtl bc thc eppl~cem's responsib~h' to cnsurc the~ CiTY OLERK ./ · · PHONE: CITY HALL 201 WEST PAL. ME'I-FO PARK ROAD * BOCA RATON, FLORIDA 33432-3795 (.,e~l) 393-7700 (FOIR HEAFIINO IMPAIRED) TOO: (ra~l) 3~7-7046 8UNOOIM: (.R61) 922-7700 August 20, 2001 Mr. Gary Rosen 1027 Pepper Ridge Terrace Boca Raton FL 33486 Dear Mr. Rosen: We want to thank you very much for your service as a member of the Zoning Board of Adjustment over the past ten years. Because of your dedication, Boca Raton is a better place for all of us. In recognition of your serv/ce, please find enclosed our Cert/ficate of Appreciation. We wish you success in your future endeavors. Id-I/jr mclosm*~ GARY ROSEN 1027 'peddge ~race Boca Raton FL 33486 November 12, 2001 - Ms. ]Caren ScbeU City Of Delray Beach 100 l~ 1= Avenue Delray Beacl~ Floridn 33~.~.~. I have recently moved to Delra¥ Beach having been a resident of'Boca Raton for the past fi~teen years. While residing in Bocn Rnton I served as a Member and Ctmirmnn of the Zoni~ Board of Adjustmem for a period often year~. I now have nn interest in serving ns a member ofnn Advisor~ Board or Committee for the City Of Delray Beach. Since 19791 have acquired nnd developed renl estate in South Florid~ ncted ns a consuttan! for various mtionnl and regionnl development ~'ms, nnd have served as Fre$ident o£the Floridn Atlantic BuUders Association representin~ more thnn one thou~nd builder nnd associate member. My preference would be a position with Plamting & Zoning, Board o£ Adjustment, Community Redevelopment Agency or Housing Authori~. I cnn be rencl~d by rnnil nt 817 NW 2~d Avenue, Delray Beach 33444, telephone n! 251-1065 or yin fax et 266-9]66. Your considerntion on my behalf is apprecinted. Please type or print the following information: 1. L3s) Name:: 2. Home Ad~ess:t, 3. ~gal Residence 4. P~cip~us~ess A~ss: Name ~ O'CCI-( Cityl~ I City ~ City Business Phone: S,,.~e State State Mi~..~ie Initial ip .Cqdt: Zip Code Zip Code 6. ~/-~at IBoard(s)~re you Interqslted in_serving?/j ---1 ! ' 7. List al~i~oards on which you are currently serving or have previously served: (Piease include dates) 9.- List. an:y r¢l~e):! profes~ion~[1 certificatio_ns~an, d !icensqs,which you hold.[ 1~). Gi~_e your, prssent, or.esl r~cent employer,~nd positiq~: (', ~ [I 7]' L]-.I ' ~ pescribe experiences, skillslor knowledge which qpalify you to ~serve on this bOmid: (Please attaqh a ¥iO' resume) I hereby certify that all the abovd statements are true, and'i agree'dndbndec~tand that any misstatement of material facts containe~ ~ti~ion may cause forfeiture upon my part of any apl?ointr~ept ~ may receive. S]~'~qATURE DATE CiTY CLERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years fi'om the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~ClTYCLE, RK ~.BOARD'~I~pL I C A TION ShoFt Bio of ~gmmunit'v Service Dr. Morris L W;inman I've been involved in commtmity service all my life. I've hi~hllghted some ofthe accom?li~hments ~md awards that I've received below. Treasurer and co-founder of a Day School, Ft Worth, Texas Member, Sunday School education commltt~e Master of a Masonic Lodge Harry S Truman Award for Outstaading Service, Ft Worth Civic l.~aders A~ociation Air Force Religious lay leader Certificate for Meritorious Service, Air Force Chief of Chaplains Volunteer in the Boca Raton Planning Department when a resident there President, Boca Raton, Shrine Club President, University of Pennsylvn-ln Alumni Association/Florida Gold Coast Volunteer, Morikami Museum MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~4/~ AGENDA ITEM # gO REGULAR MEETING OF FEBRUARY 5, 2002 APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS DATE: COMMISSION FEBRUARY 1, 2002 The term for Armand Mouw, Chairperson, has expired on January 29, 2002. He was originally appointed to serve a full term in December 1993, and then reappointed in January 1998. Mr. Mouw has served two full four year terms and is not eligible for reappolntment. Pursuant to Section 35.032 (A) (1) (a) of the City Code of Ordinances; the Commission shall be composed of three members and one alternate to be appointed by the City Commission. Members of the local Commission estabhshed pursuant to this division shall be appointed so that the composition of the local Commission is as follows: One appointee who is a person who, on account of previous vocation, employment or affihatlon, is, or has been, classified as representative of employers; one appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employees or employee orgamzations; and all other appointees, ~nclud~ng alternates, shall be persons who on account of previous vocation, employment or affiliation, are not or have not been classified as representative of employers or of employees or employee orgamzatlons. Neither the Chmrperson nor any member shall be employed by, or hold any commission w~th, any governmental unit in the state or any employee organization while serving in that office. The term is for four (4) years, ending January 29, 2006. The appointee need not be a resident of the City of Delray Beach. The following have submitted applications and would like to be considered for appointment. Edward Desmond Lorraine Kasper Dinah Stephenson Jean Sylvia (also applying for Delray Beach Housing Authority) (currently an alternate, would like a regular term) A check for code violations and/or mumcipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2). Recommend appointment of one (1) regular member to the Public Employees Relations Commission to a four (4) year term ending January 29, 2006. Board commission memo perc 02-05-02 C ¢; ' , "44 ~M Fk()ivi FAX: BOARD 'MEMBER APPLICATION 54?3 Grande. Palm. Circle .': L~:~ ~: '_. ,~ .~, . ,u~mess Address: :" ~ Y, 6th Avenue, Suite,, 202 Edward Delray Beach . Delr~y Beach MI, C. 'FL 334~4 S~te Zip Coda State Zip Code . FL 33483 · 6 Arc you -, rcgisrered votex~ Yes I - - 'O:,'?,a Bo~rdt~) a~ you Nt~e~ted in ,ew~g? Pl~e hst ~ oral= of preference: , b l- Employees Relations Commission "PERC" .... 2~ __~. , , ......... Please see attached ' ' 9 '; ..... :,,' ted prof-*~.6orml cm'tificetion~ and lieen~e~ which you hold: , Please see attached '- .,,: .~ r~s.:nt, o; most recent'employer, ,nd position: ..... 5.r_LQgl-.g, al - Cardinal ~_urniture }LC ~2 kndud~ d, res) --r.,~,.;at,e exp=ricne~. ,killi or Imo,vtedge '~,hieh ~lu, lify you to ,~ o: ~, bo~xd: ~le,l'e" ,tt~Jh, N:iefte*u.me) Please see attached i ..... , I: w~ be fl~e applicint's :=~ponm~ilky to ensure th.~ ~ on ~e JAN 16 002 r.,ITV CL.EnK G ; 99; - Present t9.~;- ic65 x., 1959 ' 955 - ] 957 EDWARD C. DESMOND 5473 Grande Palm Circle Delray Beach, Florida 33484 (561) 496-3596 PROFESSION.ali EXPERIENCE CARDINAL FURNITURE, L.L.C., Dekay Beac Owner C.T.P. FURNI~, Stratford, Connecticut Vice President - School Dtvtsion DMS ASSOCIATES, Fairfield County, Cormecti Management Service Consultant TOWN OF WILTON, Connecticut First Selectman (Elected Office) WILTON PUBLIC SCHOOLS, Wilton, Connect: Director of Management Services WESTPORT SCHOOLS, Westport, Connecticut Comptroller DANBURY PUBLIC SCHOOLS, Danbury, Con: Assistant to Superintendent for Business/Flnam SOUTH SCHOOL, Ne,,,' Canaan, Connecticut Teacher PLYMOUTH STATE COLLEGE, Plymouth, Ne' Principal of K-8 l. aboratory School, and Director of Student Teaching Supervg~ing Teacher CON WAY I~LEIMJ:/N'I'A.R.Y SC.L-IOOL, Conway, Principal PINE TREE SCHOOL, Center Conway, New Ha Teaching Principal Florida :ut cut lecticut Hampshire Ne~w Hampshire npshire FAX' }'AC, E 4 C -!986 1972 ~ !977 1960- 1964 , ;., i ?68 1956- 1358 .< , }c54 OTHER EXPERIENCE Small Business Owner Westport, Connecticut FAIRFIELD UNTVERSITY, Fairfield, Cormecti( Teacher of Graduate Courses tn Negotiations UNIVERSITY OF BRIDGEPORT, Bridgeport, Teacher of Graduate Courses in Finance Owner - ReM Estate/Construction Business Plymouth, New Hampshixe Park Commissioner ('Elected Office) Plymouth, New Hiamlo~l~c Precinct Commissioner (Elected Of-ricer) Plymouth, New Hampshire Alternative Representative to House of Represel from Plymouth, New Hampshire EDUCATION National Association of School Executives University of Bridgeport, C.A.G.S. Boston University, M.Ed Plymouth State College, B.S. PROFESSIONAL AFFILIATIONS · Boca Raton Chamber of Commerce - Dclray Dcach Chmnbcr o£ Con~)acrCr~ · Connecticut Association of School Business President-Elect 1972-73 / President 1973-74 · Connecticm Association of Superintendents · Conway Teacher A~sociation Preside, hr 1955-56 · Danbury Association of School Business President 1970-71 / 1978-80 · National Association of School Business Offil - Phi Delta Kappa Vice President - Bridgeport Chapter 1972-73 · National School Supply and Equipment Assoc · Boca Raton Chamber of Commerce · Defray Beach Chamber of Commerce · "Council of 100 Club" :ut :onnecticut rtatives }fficials :ials :ials iation DELRAY BEACH CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the followin~ information: 1. Las{ Name: " Name )eL I. 2. Home Address: ~ S~at~ Zip Code 3. Legal Residence: '~.ty State Zip ~ 4. Prindpal Business Address: City State Zip Code 5..Home Phone? J Business Phone: E-Mail: 6. What Board(s) are you interested in serving? 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) / 8. Educational q, mlifications: 9. List any rela{ed professional certifications and licenses which you bola. 10. Give your present, or most recent employer, and position: I hereby certify that all the above statements are true, and I agree and utiderstand that any misstatement of material facts contained in this application may cause foffeitur~ug.gn~,m,y~,~.of ~ appointment I may receive. SmmTt~ NAR 1 3 2001 ~^~ Note: This application will remain on file in I[~E t[ty'l~'II~ ~r~rice for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. '4 q TM _- .'; ,'T ".,' p~,r~.~v, m.utcu * qlm BOARD MEMBER APPLICATION 199) Please type or print the folloxg4ng information: I. LamNam¢:: A, 2. Home Address: 3. ~egal Residence 4 Principal Busin[ss Address: 5. Home Phone' 6. What Board(st are )ou interested in se~'ing? State Ci~ ~ State j Zip C%~-- I I C~' __ State I ~P- Business Phone: _ ,_ . I Fax' - Parking ~nagemedt ~ ~sory Board - Cittzen-at:Lar]{ 7. L i~t all CiW Boards on which you are ctu'rently serving oz' have J~reviously servdd: (Please i'hcit,{de dal/es') g Ed.ca6onal qualifications: .. _,_ 9 ~'a~'~J~i~'~,~Zonal cerfification~ and licenses which you hold: 10 G~e yom p~,~,m, or most recent ~mploy~r, m~d position: 11 [~e~c~ it,e expeneu~e~, s~'g or knowl~ge which qualiO you to se~e on &is bo~d: (Please auach a brief re~umeJ ~ hereb~ ce~ify t~at all the above sr~tem%hts are true. and I a9ree and unOerstabd that uny misstate,.e,,t of mater, o, facts contai.~~~ation may cause fo,~eiture upon n,y pa~ allied,ointment t may receive. OCT OS SIGNATURE DA~ CITY CLERK Tiffs application will remain (,Ti ill& ii{ ihg i~i'tS' Clerk'.~ Office for a period of 2 years from the date it was submined It will be the applicant's responsibility to erusttre tatar a cun'ent application is on file.. $',Cl'l~,'C L~..It k ,Ur )a~[') aPPL 16 ^'rlo,d DINAI:I S. STEPitENSON 4785 Tree Fern Drive EDUCATION: Dec., 1988 May 1981 I~rlVERSITY OF MIAMI SCHOOL OF LAW, Miami, FL luffs DoctomeO.P.) UNIVERsrrT OF ALABAMA, Tuscaloosa, AL P,~eiv~ Bachelor of Sdence(R5.) Deo~ EMPLOYMENT: Jan ] 992 - Pres~}t 1993 - Present 1990 - 1998 1983- 1984 D. STEPHENSON CONSTRUCTION, Roca R~ton, FL V~¢e Pre.dent. CMef Admtmstra#ve Officer: Responsible for dails' supervision of all administrative flancfions of the company, in¢ludm~ contract admini~ratioa. Stephe~on Re~/ty, l~c., Mi~fi, lq, President, Chief' Exe~u#ve Officer: Reslx~sibl¢ for acquisitions, coordination of real egate management, oontraot nogotiarions, fmsibility analysis, and daily aceouming and supervising of all company owned connn~rcial prol~rty. ~ephenson Merdaandising & Marketing, Inc., Miami, FL Vioe Prezident Respor~ible for mtpervismg m~dising of products ~nd ~ing dady fuactiom at Amooo Gas Station. Shutts & Bowen, Miami, Fl, Responsible for doo. tment preparation in word proce~ing division. ORGANIZATIONS & ASSOCIATIONS: THE FLORIDA BAR - MEMBER FLORIDA REAL ESTATE LICENSE ~ CITY OF DELRAY BEACH III1~ BOARD MEMBER APPLICATION 1993 Please type or print the foll~ inform~om M.L t. L~ Nm;: 5, y L v/,q Nme 0 e~,. State Zip ~e 3. ~ Refi~n~: ~D S~e Zip ~ 4. P~p~ BusMess A~s: ~ S~ Zip ~e 5. Home Phone: B~ess Phone: E-M~'A~ess: ~ Phone: F~: 6. ~e you a re,gered voter~ ~e ~~ If so. where ~e you r~erM? pe/~ ~e~ ~ 7. ~tBo~d(s~eyou~t~~~g? ~ FPt~Ote ~'~/~ ~ova~.y e~,~te< 9. Edu~fion~ q~cafions: 10. ~g ~ rfl~ed profession~ ~~ons md ~nses w~ch you hold: 1 I. Give yo~ present, or moa re~nt ~ployer, md vosifion: 12.' Descn~ ~fim~s, ~[als or'~~e ~& ~ y~ m ~e on ~ M~& &Ieee a~ a brief re~e) CITY CLERK DA~ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a currem application is on file. $~CITYC~K~BOARD'~J'PLI CA? ION Jean Sylvia 1050 B North Dr. Delray Beach, Florida 33445 ( 561 ) 265-0799 Birth Date 11/8/4[) Sex Female Occupation Retired Widow Brief Background History Big Chief Lewis Real Estate Sunrise Highway Massapequa, N.Y. 1966-1972 Position: Salesperson By Lou Real Estate 4905 Sunrise Highway Massapequa, N.Y. 1972-1979 Position: Owner/Broker Treasury Hotel/Casino Flamingo Rd. Las Vegas, Nv. Position: Dealer 1979-1982 Alladin Hotel/Casino Las Vegas Blvd. Las Vegas, Nv. Position: Dealer 1982-1985 Riviera Hotel/Casino Las Vegas, Nv. Position: Floorperson 1985-1999 Secura Electric Contracting Las Vegas, Nv. Position: President 1986-1992 Secura General Contracting Secura Wholesale Las Vegas, Nv. Las Vegas, Nv. 1985-1992 1985-1992 Position: President President I took a leave from the casino ~ndus~r~ fo~ a few years to get actively involved in the family construct]oh businesses. We did born residential and commercial business. Memberships 1991-1979, Nassau County Democratic Club, District Leader: was actively involved in local, state and national elections 1968, founded, Massapequa against Drugs, a wa£~-in drug ceunceling center. 1970-1979, Massapequa Chamber of Commerce 1966-1979, Long IslAND Board of Realtors I would be happy to supply more information if you need MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM q//- REGULAR MEETING OF FEBRUARY 5, 2002 APPOINTMENT TO THE ELDER READY TASK FORCE FEBRUARY 1, 2002 Emmett Gumm has resigned effective January 26, 2002 creating a vacancy for an unexpired term ending November 1, 2002. The Elder Ready Task Force shall consist of fifteen (15) members with representation of Senior Citizens, the Community at Large, the Chamber of Commerce, Florida Silver Haired Legislature, Community Neighbors Helping, Chaplains Association, Hospitals, Police Department, Fire Department and Parks and Recreation Department. The following have submitted applications for consideration: William Beveridge Rosa Bush Leonard Epstien Sandi Franciosa Dana Goldberg George Maso Michael Rosenbaum Fran Sachs Leon Sachs Reverend Richard Smith Alan Thiemann Retail Manager Retired Broker Retired Sales/Marketing Realtor Freelance Editor Retirees - Teacher Government Administrator Reverend Business Management A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and all are registered with the exception of Michael Rosenbaum. Based on the rotation system, the appointment will be made by Commissioner Perlman (Seat #1). Recommend appointment of one (1) member to the Elder Ready Task Force Committee for an unfulfilled term ending November 1, 2002. Board Comnmssmn Memo/Elder Ready Task Force Emmett Gumm 15791 Loch Maree Lane Delray Beach, FI 33446 Tel: (561) 495-4520 January 26, 2002 Officer Brown Delray Beach Police Departmem 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 Dear Officer Brown: Following our meeting last Wednesday, I have spent several hours thinking about my place on this important committee and whether or not I should continue as a member. There is little doubt in my mind that the work of this Task Force is important and that the elderly citizens of Delray Beach will ultimately benefit from this effort. The question I have for myself is am I sufficiently committed to this project to put in the required time and energy to do it justice? I have decided the answer is no. So rather than sit and take up air space, it is better for me to withdraw now rather than later. You made this important point clear during your opening remarks. I wish you and your committee great success as you pursue this important goal. I will return the book and other reference material to your office this week. Sincerely, .LRAY BEACH CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 ,Please type or print the following information: 1. L.t ~me: 2. Hom~ Address: .--. 3. Legal Residence: 4. Principal Business Address: t4 5. Home Phone: ] Business Phone: 6. Are yq~/ad:~gistered voter? City State State State E-Mail Address: ] Cell Phone: J Fax: If so, where are you registered? Zip Cod. e Zip Code Zip Code 7. Wh_at Board(s) are 3111u interestedjn servLnK? Please ~st m order of preference: 8. List all Ciq' Boards on which you are currently sen-Lng or have previously served: (Please include dates) 9. Educational quahfications: 10. List any related professional cemfications and hcenses which you hold: 1 1. ~your presentor most recent employe~:, and position: . J 12. Describe experiences, skills or knowledge which qualif3' you to serve,on this boaxd: (Please ~l~ch a brief resumeL I I hereby ceru~y that all the above statements axe true, and I agree and understand that ~ny misstatement of material facts contained in this applica ' may cause forfeiture upon my paxt of any appointment I tray receive. ~IGNATURE J DATE Note: This application will remain on file in the City Clerk's Office for a period of~{~ ~[~te It was submitted. It will be the applicant's responsibiht3' to ensure that a current appucauon is on me. CITY CLERK DELRAY B,EA?! BOARD MEMBER APPLICATION 1993 2001 Legal Residence: Please type or print the following information: 1. LastName: ~/4,.~k 3. City / State State 4. Principal Business Address: City State Zip Code Z~p Code Z~p Code 5. Home Phone: 6. 7. Business Phone: [ E-Mail Address: Cell Phone: Fax: I Are you a registered voter?/,~ If so, where are you registered~.D _/_ ¢oard(s~e yoj3 rate. ted m sen-lng' Please hst In order of preference: Last all Cra' Boards on whmh you are currently sen'lng or have previously sen'ed: (Please include dates) 9. E~uC~Onal. quahficauons: . / '/ t-~ 10. ~st any r~ated professzonal cerdficauons and hcenses w~ch you hold. 11. Giv,- your oresent, or most recent employer, and position: . " 4- 3 'r~ ~,;~d,, ~/~-~ ~o/. ~/,.~, ~ ~z I d,2 ...... -. ~ / / / - 12. ~%c~be experiences, s~s o~ ~owledge w~c~ qu~hff you to se~e on ~s board: ~lease attach a brief resume) " ~n nh' ~ ~ ~4~ I I Vr /~5/ ., /~ i I hereby certify that all the above statements are true, and I agree and understand that any rmsstatement of material facts contained in ti'us apphcation may cause forfeiture upon my part of any appointment I ma5' receive. ~ ../~-/O'.-- O/ SIGNATURE DATE RI::OEIVED Note: Thas apphcauon will remain on fie in the C,t3- Clerk's Office for a period of 2 years from the date ~t was submitted. It wRl be the apphcant's responsibzhry to ensure that a current app~cati4J~G~o4 S~CITYCLERK BO ARD &PPLIC &TlO% CITY CLERK IIIl CiTY OF DELRAY BEACH BOARD MEMBER APPLICATION RECEIVED OCT 1 2 2001 ' completed a leadership traii)l.§ course given by the Area Agency'r/)f/tTY CLERK Aging. I currently sp#k about the agencies' purpose to various organizations. I have also completed the Senior's course given by officer Skip Brown of Delray Beach. I am chairman of Elder Affairs commHtee at the Alliance of Delray As~oclationso I have al&o ~e~ on thm ~ewish Community Center Board and chairman of their Family Division at the Wet. berg C~ter In Del~y BMch. I believe I can help this committee function with the knowledge garnered from all the above. I had spoken to Jon Levin$on about the possibility of my appointment to this committee Please call If you have any other questions. Leonard Ep~fien >/ ...._J~__.z~-- DELRAY BEACH AIbAmed~C~ BOARD MEMBER APPLICATIOH 1993 2001 1. 2. 3. '~/Home Phone: Please type or print the following infomaation: ~ Residence: P~ucipal Business Address: IBusiness Phone: 6. Are you a registered voter? .~. If so, where ire you registered?~,,.,~ ,,~.~ City tx' State I Zip Code I City State] Zip Code I bff,5]E-Mail Address: ,,? ,[ Cell ~ List ali City Boards on which you are currently serving or have previously served: (Please include dates)/Cdrk_~ 9. Educational qualifications: 10. List an), related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 12. Describe experiences, s~ or -knowledge which qualify you to serve on this board: (Please attach a brief resume) .~N.%~ / DA~ Note: ~s apphca6on ~ rem on ~e ~ ~e Civ Clerk's Office for a pe~od ~g~ ~ate it was subdued. It ~ be ~e app~nt's responsib~v to ensue ~at a c~ent ap~ca6on is o~e. GITY CLERK ~ CITY OF DELRAY BEACH ~11~~' BOARD MEMBER APPLICATION 1993 2001 Please type or print the followine informnfion: 1. Last Name 2. Home Ad( 10381 La Relna Road Delray Be~ch, FL 33446 3. Legal Residence: Principal Business Ad&ess: 5. Home Phone: I Business Phone: Name M.I. ~3. City State Zip Code City State Zip Code City State E-Mail Address:[Cell Phone: I Fax: If so, where are you regastered? Z:p Code 7. What Board(s) are you interested m serving? Please list :n order of preference: , 8. List all C:b' Boards on which you are currently serving or have previously sen-ed: (Please include dates) ca~onal q~ficauons: ~ - 10. ~st any rehted professional ceruficadons and hcenses w~ch you hold: o 11. Gn, e ),our present, or most recent employer, and po/~]tion: 12. Describe experiences, s 'kills or 'knowledge which qualify you to se~,e on this board: (Please attach a brief resume) 6~ mrn~flv~q: Tf ,~ t nVf/~'/~D~,~+ In /n ~!.~U/? ~ 4./_4~rv,~£; h~/, /? ~/ Y/ lll~cel[ /,~r~.,/tl/,,~,, ITIlt19x16~,n ll'r,, i. I~,, t,.wn I ,'('e . ] he~eb~"c'ern~ &at ~1 the above 'statemefits'a~etm;, ~n'd I igre~ fin4~ un'dkn'tand t~t any misstatement of material facts contorted in this application may cause forfeiture upon my part of any appointment I may receive. :Note: 'l~s application wR1 rem~m on ~e m the City Cierk'~ O£~ce £or ~ pe~od o£ 2r~e~s~o"~' r~e'"~t-~ n was CLERK DANA GOLDBERG 10381 La Reina Road Delray Beach, FL 33446 (561) 638-8591 (561) 302-8592 (cell) OBJECTIVE To obtain a challenging marketing and sales position which will utilize my skills education and experience for mutual benefit and optimum professional growth. QUALIFICATIONS , Service oriented effective interpersonal communication skills necessary to generate new business and maintain existing accounts. · Highly motivated: extensive and ongoing interest in related senior issues regarding health and quality of life. Active and professional in community based programs regarding seniors. SALES RELATED EMPLOYMENT · LifeTrak by Ituran 2000-2001 Marketing and Sales Consultant Electronic location products for the senior market. Presented and demonstrate equipment to potential clients such as; health care providers, direct consumers, physicians, nurses, social workers, and senior centers. Established and maintained rapport with associations of the eldedy, participated in events and trade shows for the public and the industry. Responsible for editorial of the company web page, newsleflers, brochures, newspaper articles, and advertising copy. · East Coast Marketing Marketing and Sales Associate Currently attracting new accounts and servicing existing accounts. Confer with clients, evaluate market area with management, attend and participate in trade shows and presentations for food distribution companies. · William Raevis Real Estate 1989-1991 Licensed Realtor Obtained and marketed listings, represented buyers in negotiations for sales. Supplied information and resources for remodeling and new construction both for listing and buying a home. · Outdoor Sports Center 1988-1989 Sales and Administrative Associate Sold hard good and soft goods. Compiled and analyzed inventory and sales data. Maintained employee incentive programs. EDUCATION Bachelor of Arts: Political Science - State Univemity of New York at New Paltz Teacher Certi§cation: Western CT State University COMMUNITY ACTIVITIES Junior League of Boca Raton, Watersedge Elementary School Parent Teach Association, Board member of the Tierra Del Ray Homeowners Association, Alzheirner Association Volunteer CiTY OF DELRAY BEACH BOARD MEMBER APPLICATION lq9'1 '=IECEIVED FEB 1 5 201)1 CITY CLERK II · I I II I I RESUM£ GI ORGI MA$O, Or E'S EDUCATION: ' '  ders. raduite DeIree In Law .D ~ ,So~I ~clence University of UtuIua}' Universlt~' of UrusuaX ?ost Doctoral Studlea lz~ the areas of ~uslness Aaminiitratlon, lnternatlona! B&~Jn~, foreign Rel&tione, Communlcatio~, Marinating, Media, Publicity, earl ,~lts Promotion, ~. ., F/.OF'r..S $IONAL AFFILIATIONS: r-oreI~n Press Center of New York, Member International Press Association, ~esldent.~73-75 Lions Club International Alsociatfon,'Board of Direc{ors Ch&rt~ l~'estdent of Unite~ Na~o~ Lions Club-19~ ~n A~e~can ~e~eratio~ of ~blic Rela~ons, Member of Board U~fverslty.~ lllinat~', Chicalo, Jllinofs-Department of Criminal lustice Guest L~cturet. Mofida A~infle University, ~a ~ton, Horidaqnternational Tr~e Specialist, Cou~e~ot LANGUAGB f'LUENCY: ~EnStlsh, l~rench, Italian, Portu&,uese, Spanish I~OFESSIONAL BXPERI~:NC~ Al consult&et, advflot, evaluatot, negotiator, and lmpaIementor with extensive led dfversl!led experience in both public end private sector, in the Middle £ast, Tar ~ut, ~urope. North America, and Latin Amerce with, for ~d o~ ~alf of clients Involved In International business ventures. AreAS ot' experier~¢e end expertise are well srounded Internatior, al fina~, banking, fnternational'barter~nA, in~erna~iona~ trade, ~mmerce, developer of Industrial pro~ct~ and commercial contracts. ~ouble shooter for Sove~men~ and independent business in important and delicate trill, . . Assisted L-t puffins toset~er Lf~OP~,BOt, ~r.~up ~twe~n U~guay, Paraguay and ~llvla. Colla~rated and ~evelo~d original scheme and implemented tame ~presentinsee Sovernment o~ ~rVSuay. Personal advisor to Bolivian 'Preslder~t Barrlentos. Arranged ffnar~cfns and Supplied $000 ~a~ors to S6vernment Of BolIvia by Titan Tractor,Cor~ra:Ion, for the MunlctpA~tty o! ~o~ttvide~, UtuG'ay. Over a perlbd af five mo~ than 80,000 per~t were able ~ up&ride ~eir ~ousins standard~ and ~en~nal lfvin~ condftlo~, ~fs pto~ect was a JolRt e~f~rt ~twee~ Inter American Development la~ and ~ City o~ Montevideo, " · RepreAet~tattve of Urusuay to Lr~O Paris, R'Ance. Conducted M.tr, lt~ars in Jourr~allsm, mass conu'~u~lcttion and media strategies. ltepresmntatlve of EXPO ?00stka, J*apa~. Led private a~d official sectors. Publisher of New. lpAper IXTRA for "ldlciones Oriental. Parfodlstica" ~lotttevi.deo, Uruguay. · Special advisor to Dr. Jose Mort Otero, Mird~tei' of PorelS'n Affairs, Uruguay. · Unfttd Nations, NYC - lrtfor~atiot~ an~i press ad~,.isor to $overnment of U~gua¥. Sl:)ecSa! Advisor to Ambi. s~A. dor of Uruguay to the United N'at~ons. Special appointe~ r. eGotiator for barter of Uru&uay s.~oep/rnutton for e~uds oil. Concluded and implemented two c~ntracts in 1978 and 1979. NeSoHated Jo{ne Veneure for production o~ &r~S-poIIution che.~lcals between Grant Chemical Corporation, New Jersey. at~l Brazil (Petrobras), Negot'fated desalination plant centra~ between Irazlltan Government ated Royal Commission (Jubail) i~Ingdom ~f $~tud( Arabia, Plant Completed and on ,tream in June 1~81. · Central flsure fn developlnS 1~,000 unit apartment house project for the Municipality of GuayaquSL Ecuador (Ban¢o de'la Vivienda),' Special assiSnment with ITEL Corporitton, 'San l~rancfsco, California in een,lunetfon with Mexican 'Governm&~t (CO~.^SUPO) to locate and retrieve Special cor~sultant ~ President Rolclod of.Ecuador to arran$.e, barter ber, vee~ ~'uador and lr~dia, . . ' :~rrange for Haloed products of Mitsui Corpor. itton, Osaka, ]'span by Trans-o- Msh Company· ~,'YC for compreher~ive U,S. distribution · Arranged ffnat~clng for AM£$A, Uruguay, for Its sugar refinery. ,(USD 27 e~Olion, completed fn three ~hues). ~1o A~{~$A, Uru&uay have arranged Intertec S.A., Ipe. cial conlultant to Brazil, Arsentlna and Urujuay fn' fnte'rnat~onal finance, .bankln~ fret trade zones, for the new common market. lpe¢lal a~vtsor to the Czech Republic In the ireas of tnterr~atfonal Banking, L-~te~ational Trade, and Intonational Relations with Latin America. B'~: M3.:':.~-1 ~--$enbaum; 5l~11 4*..J3 =~ul; Nov-27-01 4:18PM; Page 1/1 . BOARD MEMBER APPLICATION 200'~ Please thc/'oIlowi~ mfotrnadon: 1. ,al~t Nam, Name 1~. 2 Home A~diess ' 3 L~ Pes,denc~: ~ S~ ~ Code 74. P~~us~s Ad&e,s: Ci~ - - S~te Z~ Code ) ~omc Phoac' I (' uu a rcgas:¢xed voter~ If$o, where arc you r~gisrerecl;~ ~ .:; '_:r.'c )c.:.r pz,.:~-r.:, ot mostaecem employ,~z, ~ad posiupn; I {2 De~lb¢ cxp~e,~.r,ce~, rLkill., ox -Imo,~d¢ttR~ wh~da, qualit~ you w.~e~r~ ] ~:l>y c~rd~/~i ~ ~e a~c ~t~ ~e ~ and I ~ ~d und~taud ~,t ~y ~~enr of maxell f~cu jron~:ed :n ~ apphciuan may ~u~c f~¢i~c ~on my p~ of ~y ~p~un~t I n~y ~c~e, ~,,-,-~- --- ~ ~-- i~'~'O I , _ { cT,-, .'.'L ?.E Da~TIE '". ,: T.bas apphcmuoz~ ~_ll x-u..-~,n on file in va~e (~j~ ¢i.k's Oi'tice fox ~ ?tuod of 2 7e~,, F, om the dare ~bn'uctcd. It will be thc apphcsnt's zesponm.[bih~ to ensnare that ~ cu.~¢nt apphcauor, is or, FUr. ECEIVED 2001 CITY CLERK To~ Kare~ Sctmll/Bo~r~ Liaisons I~o~ Mlchae~ Roa~nbaum Pine. 2~:3-3774 ~ November 27, 2001 _Phon~ 243-70~ P~~ I Elder Ready Task Fome ©C~ [] U~t 1:3 For Review rq ~ Oommefle I=) Plea~ Reply !:3 Ple~m~ I~cyc~e *~t~: [¢l~ck here and type any comments] RECEIVED 140~ 2 8 2001 CiTY CLERK JJ BOARD MEMBER APPLICATION 1993 200 J '; Pr'a:¢]lv~l B,{~-t<.s,; Add-;ess. _ .... i , · i- "°"'--._ ~./.a.~: ~ o ~J__~.,,.,.' .. I .c..~,.,,-,,~_ ,~,,,r.._._._..~.~. { --.. _ 1 { o. .air, } ou a rcg..-rered v,:,t~:z- ~ If .,,r,, wheze are )'eu rtgi.~tcsecl? ,.,, a't Cra- 13,',ar,.'i< on '.vl~ .ch )~.urr~rid3- serving ¢,z i,,wc previously sera'cd. ~{ea,e irlch,d,- dar. cs) 1"~' l.ast' .m~' ~clat,.,{ l,,.-,£ess~.-,,~:,J cc,,fication.~ mud li¢,'nses which you hold: Z,l, Cc.d,. · l I. *31:'e ~...,~ {he,em, o~ mast. rcce.t employer, and p n. .......... Tlu, al.,phc:,don w-'~ren~,ii~ ~n'"~ 'm-"~,c Cirl' C{.zk'$ Offlc"'-e fo, ,pi'dod of 2 ye.a,',, from . , , .... :,, ,-., ...... ,......, ,,.,,,~,i~,. ,,~ ,,,...., ~,~,....~.-.., '-v,":'--'"-',' Jl~,.~..6~ --- - ........ GITY CLERK 11 BOARD MEMBER APPLICATION 1993 2U01 4 :Pnr, cJp~l~u~mes~ Add::ess: Ci~), , ! l-"~; I4~t ;,nv ,cl.,ted pzc, fessi,>n.*d c,.~4i't'~:"atior~s .nd liccn.~es wlzich you ho]d:----- I1 I:)'-''''''':n''~ ~'"'= ..JiEGEIVED Note Tim .~pphcauon ~,ill remah~ on file hl-t~c'C~r~' Clerk's Officc lot a period of 2 Tears from the date i, CITY CLERK DELRAY BEACH llll BOARD MEMBER APPLICATION 1993 2001 Please t~e or p~'~t the following informntion: 2. Home Address: limb? 5'~ /-/ 7~ r r 3. Legal Residence: Principn] Business Address: City City -- 5. Home Phone: [ Business Phone: I E-Mail Ad&ess: [Cell Phone: 4 y'q , 6. Are you a re~stered voter? ~fl Stnte State Stnte Fax: Zip Code Zip Code If so, where are you registered? 7. What Board(s) are you interested in serving? Please list in order of pr~.efe, r_ence: List all City Boards on which you are currently serving or have previously served: (Please include dates) 9. Educational qualificauons: AdT.CA/ 10. List an), related professional certificafiqns and licenses which you l~old: 11. Give your present, or most recent employez, and position: 12. Describe experilmces, skills or knowledge which qualify you to serve oja this board: (Please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of rrmterial facts containRd in this application may cause forf'ejrure upon my part of any appointment I m~y receive. Note: This application will remain on file m the City Clerk's Office for a period of 2 years from the date it was subrmtted. It will be the applicant's responsibilit3' to ensure that a current applicanon is on file. ~ITYCLEKK~OAR. D~.A. PPLIC ATIO N CITY 4)F DELRAY BEACH BOARD MEMBER APPLICATION 2001 Note: This q~pl~6on will rem,Jrt on Gle in the City C. ie~'s Of Gce for a pe~d of 2' OlTY CLERK (E61) 272-3299 Alhlemmm~aoLoom mhd ~ne st~, ~ sue~ ~ m ms: ~ OdenlaUon, F_n~vo~me~d 8upervLsory Skills, Customer Sew~ Skills, Business ~ T~ues, Stress ~ via 1:'1 (x)mc:hino, Im,ndl oroup ~, ~ ~ ~, mr~KS ~emlrmrs. Evalu~e and integrate HRIS acl~d6es to monilm' employee par~Ipa~t and Human ~: Gullity ~ I~ ~ IM(iplex R~ Belch, We~t PMn Beach, Flodda Psyct~y Sen4ces. Chiired facility's Quality AM, t. rance, Uli2:lbm Review, Ind Risk (June 1eM- December le92) ' M~l~r of Busine~ Admlni~r~n: Florida Atlanlic Univemity. 1997 kM~ter of Arts. Palatal ~: St Vincent De Paul Regionnl Seminary. 1~i9 Bnchek,-of Arts. P~ St Meinmd ~. 1986 Ddmy Bo.~. flo,m 33445 (E61) 272-3299 Aihlem. nn~-ol.com SUMMARY OF QUAUFICATIONS · A Master'~ tbgru in Buslr--_.s AdmldstrdJofl (BiJN, wllh nn avtphasb on OrgaflzntioMI DovIhN:MMN Incl Human Resourc~ · NiKonaJ ~ ns a Serdor ~1 In Huntan ~ (SPRY) · Proven ~bility to conduct organ~l and depa~l need~ Inlly,lil, ~ to design, performance initi~ves. Vok~er~ of Soum norUa (SVS~ · ~ over ~000 vok.~.er members who MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # q (~ REGULAR MEETING OF FEBRUARY 5, 2002 APPOINTMENT TO THE NOISE COMPATIBILITY ADVISORY DATE: COMMITTEE FEBRUARY 1, 2002 On January 15, 2002 at the Special Meeting, the motion to accept applications for membership through the City Clerk's office to the Noise Compatibility Advisory Committee (NCAC) for the Boca Raton Airport Authority was passed 5-0. This would be for a single member appointment. Per Russell Buck, Noise Abatement Administrator, the member must be a resident of the City of Delray Beach. He stated it would be helpful if the person had some experience with aviation, but was not necessary. The term would be for a two year term starting in a month or two. The following have submitted applications for consideration: Arthur Antin Harvey Brown, Sr. Robert Conway Robert Langevin Bill Schwartz A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and all are registered. Based on the rotation system, the appointment for membership will be made by Commissioner Perlman (Seat #1). Recommend appointment of one (1) member to the Noise Compatibility Advisory Committee to a two (2) year term. Board comm~sslon memo NCAC 02-05-02 01/11/2B02 14:23 January 10, 2002 5E13912238 Mayor David Sohmidt CITY OF DELRAY BEACH 100 N .W. 1*t Avenue Delmy Beach, FL 33444 BOOA AIRPORT ~UTHORI P~E irport' j uthori 3?O0 Airport R~d Stlite ~J04 Ba~ ~ FImiSn 334~ 1 Pho~.: (~61)3~ 1-2202, F~x:(~6 t)3J !-223 II RECEIVED CITY MANAGER 82/82 Re: A City of Delmy Beach appointment to the new Noise Compatibility Committee for the Boca Raton Airport. Dear Mayor Schmidt: The Boca Raton Airport Authority is preparing to restart the former Noise Compatibility Advisory Committee (NCAC) and is looking for some changes in the membership makeup. We are planning on limiting some of the original Boca Raton residential and pilot's representatives, while supplementing representation from our surrounding communities. Meetings will be held four to six times per year and will likely be held at night at various venues throughout our area. To that end we have created positions for the Cities of Delray Beach, Highland Beach and Deerfieid Beach. We would ask for your appointee for this position at your earliest possible convenience. We thank you in advance for your assistance in determining a good representative for the Delray Beach area. If you have any questions about this letter or need any additional Information do not hesitate to contact me at (561) 391-2202. Russell J. Buck Noise Abatement Administrator aVhiltp Modder Bruae BenefleM Zxzwrence Rayrnan George lxmham Stanford Morrls ,lanet ~rr t~tyllts I'm.low ~ea NC~lray~rm.nurer Member M~mbcr Member Member DELRAY BEACH CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please type or print the following reformation: 2. Home Ad&ess:.57~o. C4,,ao~ ~'r'*~ /~j,'. Ci~ , ~q State ~p Co~e. 3. ~ Residence: Ci~~ S~te Zip Code 4. P~cipal Bus. ess Ad.ess: Ci~ State Zip Code ~. Home phone: Business Phone: E-M~ Ad.ess: '"Ce~ Phone: Fax: 6. Are you, rS~stered voter? ' If s°, ~here ~ou re~stered? 7. ~at Board(s) are you interested b se~g? Please ~st m order of meference: , 8. ' ~st a~qi~' ~o,ds on ~hich3'ou ,e ~en~' sen~g or have pr~-iously served: ~lease bclude dates) 9. 'EducaU~al quahficado~s~ 11. Give Yo~ mes~t, o~ most ~ecwt ~ployJ, and vo~idon: .' 12. Desc~be experiences, s~s or ~owledge w~ch qu~ you.to se~e l hereby Ce~ ~at ~ ~e above statements ~e ~e, snd ~ ~ee ~d und~mnd ~at any ~ss~ent ~fm~t~a] facts co. ed m ~s app~fiop,may cause forfd~e upon my p~ of ~y .ppo~ent I may receive. SIGNA~ DA~ Note: This application will remain on file m the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the apphcant's responsibility to ensure that a current application is on file. ~CITYCLERK\BO AKD\APPLIC ATION BOARD MEMBER APPLICATION 20on ~1ool ....... you bold' ~ ~ ~ .... : C JAN 1 6 NO2 CITY CLERK DELRAY BEACH ~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please type or print the follov~g information: 2. Home Address: /// Ci State ~ Zip Code_ 3. Legal l~esidence: ~2ity / State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phc;~[e: E-Mail Address: Cell Phone: Fax: 6. Are you a registered- voter? , If so,/where are you registered? 7. ~hat Boayd(}) are you mte. rested, m se~ing? Pleass~s t m order of preferen~: // ..~ /- 8. List alJ City Board; on wh,ch you are currently serving or have previously sen, ed: (Please ~c]ud~ dates) 9. Educational qualifications: 10.' List an)' related professional certifications and licenses which you ho]d: ! 1. Give your present, qr most recent employer, and position:/ 12. Describe experiences, skills or knowledae ~vhach qualify you to serve on this board:..(Please attach a brief r~slame) ! hereby ce~ify tha~a~l the above statements a~e mae, and I agree and understand that any misstatement of material facts contain~,di~ this applicatio~,,may cause forfeiture upon my part of any appointment I may recen, e. SIGNATURE ~ DATE Note: This applica6on will remain on file in the C~t3, Clerk's Omce for a I~~ ~ I~m the date it was submitted. It will be the applicant's respons~bilitT to ensure that a c' hrrent ap-- - --phcation is on file. S~CITYCLERK\BO ARD',APPLI CATION JAN 1 6 2002 CITY CLERK FF-'_hI.~ : I~imL,,-_;-;~.~ + i::c.l., L~nt-~e.,in' Fl.~,~ II0. : D~J.-~-'I~,-01~-"0 .Tan. -"3 ~-'002 10:4-D¥1 Pi IOARD MEMBER APPI. IGATION 2001 Robert E. Langevin 942 Allamanda Drive, Delray Beach, FL 33483 (561) 265-0905 Date of Birth: 3/16/44 Hobbies: 1961-1065: 1965-1966: 1966-1967: 1970-Present: 1968: 1970-Present. 1974-P,esent: 1990-1995: 1993-1995: 19g7-Present: 1999-Present: 2001: OBJECTIVE: To represent the City of Delray Beach, FL as a member of the Boca Raton Airport Au~hor~ry's Noise Compatibility Advisory Committee. PERSONAL Family Status: Married Health: Exce! Aviation. Boating. GolI: Playing Cards. Polincs. & Travel EDUCATION University. of Rhode Island, B.S. Business Admirdstration (Insurance Aema Casualty & Surety Company - Property and Casualty Insurance U.S. Army Aviation Course - Fixed Wing Training. Ft. Rucker. Alabama United Airlines Pilot Flight Training l>rogrmn (Boeing 727, 767. 757, 737. U.S. Army Aviation Safety Course, Ft. Rucker, Alabama EMPLOYM'FNT grISTORY United Airlines: Pilot / Captain AVION Insurance Agency (specializing - exclusively in the Sales and Ser,'~,ce of Aviation Insurance Policies) Founder. President and Owner SPECIAL QUALIFICATIONS AND MEMB, ERSHIPS Boca Raton Airport Authority - Member Boca Raton Airport Authority - Vice Chairman Boca Raton Pilot Association - Member Quiet Birdman (QB's) - Member - ^viation Enthusiasts Social Club Campaign Manager for Jack Davenport. Candidate for Mayor of Boca Raton Robert E. Langevin Page 2 M'FMBERSHIPS TO INCLUDE *Boca Raton Chamber of Commerce , Aviation Insurance Agents Association -Florida Aviation Trades Association (FATA) -Vietnam (July 1967-July 1968)Veterans Association. (Awarded the DistinguSshed and The Bronze Star (for heroism) Flight Hours: Total - - 19,0004 Hours AVION Insurance Agency (my company) 3700 Airport Rd, Ste #210. Boco Located on the 2nd floor of the Boca Aviation Building ~on_~e Bo_ca R~aton building opened up Jn 1987. I am at the Airport (my office) every_ business da2~ th, a? the ]3-747 for United Airlines Relauonships, ere: I have friendships (personal and professional) with five (5) serving on the Boca Raton Authority as well as on the entire Boca Raton ALrport Managem:v,: and P~bert E. Langevin Date C C BOARD MEMBER APPLICATION 2001 3 Live Oak Bouleward ......... Delray Beach F1 3~445 5-110. 0 (5~1)496-1100 ~ (561)271-022~~(561)496-79~_ 2, H,",~ ¢ 3- Lef:: 4 Prmc,,I 8. ]J~, al~ Ch7 go,fda on wi,ch you are currcndy ~g ~ hmTc p.evwusly ~cd ~;e~e include -(7-:.:.:~ , ~.t.?h:a:aon ,~,~ r~'~t,,s, ,>n fiJ¢ mr. bc C~ .k:rk s Office fo: a pe~:od ofv v,-~$ from the dele ir was .~.~ ~ancc l, ~} be die apphcant's rt.~pons;b~rv t~ enstaae that · cmTcq~ apphcanon RECEIVED JAN 1 R 2002 CITY CLERK Telephone, (561 496 - 1~06---- (561) 496-7987 Attended New Jersey schools, Riverside Military Academy. Gainesvtlle, Georgia; Butler UniVer$~tY, indianapolis, Indiana; University of Denver, DenVer. Colorado~ Rutgers UniVersity, New Brunswick, New Jersey; and Heidelber~ UniversitY, Heidelberg. G~rmany Secved in World war II as First Lieutenant with the In~antrY Division of =he Army of the United $tate~. Former president end Chief Executive Officer of Manau~r Financial Corporation, a nationwide bar, K~ng firm that specialized in the ~inancing of large income produc~n~ real estate. Former vice President of Premier Financisl Corporation, & national mortgage bankin~ firm. ? :m~r president a~d sole owner o~ ~- Schwartz Co ~ :~ estate firm that specialize~ in selling, m~na~n~ and constructing major industrial, comme~clal a,~d re%iden%ial real estate. D~laire Country Club, Delray Beach, florida Planning Committee, Communications & Community ~elations Committee, 2002 Charity Tournament p:9~ressive Residents of Delray (P~OD) Ir ~ernational ~xecutive Service Corps Am.rican Association of Arbitrators De. airs Property Owners Association, Board Membe~ To~.~her Against Gangs (TAG), Board Member Con~ re~ation B'nal Israel Vice Mayor, City of Delray Beach, Florida Cnsi~man, Delray Beach Planning and Zoning Board ¥ice ~resident and Director of Peoples National ~ .nK of North Jersey ~oar¢. Member Par Troy Stare Ban~ D-.rec, or of United Jersey Ban~ D~rect~r of City Federal Savings Bank Commie loner of the State of New Jersey Real Estate Co,~seion Vice P~ .sident of Pelaire Property Owners ASsociation Member ,elaire Country Club Green Committee v=ce Pr(ei~ent of the National Association of Real Es~a:e License Law Officials Schwartz President of the Morris County, NJ Board of Realtors President of the NJ Association of Insurance Ag~ Industrial & Office ~eal Estate Brokers Aeeo¢iatlun of the New York Metropolitan Area New Jersey an4 New York Mortgage Ban~efs Association American Legion an~ Veterans of Foreign wars Chairmen. Par$ippany. NJ Industrial Commission President° Parsip~any. NJ Chamber of Commerce Listed in "Who's Who in the East." a,d Who's Who in Industrial Development" Chairman. Essex County. NJ Boy Scouts of America Rutgers University and Seton Mall University President, Clarld~e House II Condominium Associatiot, Verona, NJ Preakness Mills Country Club CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: MEETING OF FEBRUARY 5, 2002 CONSIDERATION OF AN AMENDMENT TO LDR SECTION 4.4.27(C) TO ALLOW EDUCATIONAL FACILITIES AS AN ACCESSORY USE IN THE OSR (OPEN SPACE AND RECREATION) ZONING DISTRICT BACKGROUND This text amendment was originally requested by the Cultural Arts Institute (Charter School) which has been operating since August of last year on a temporary basis at the Bucky Dent's Baseball School (490 Dotterel Road). The School was contemplating installing classroom and administration modulars on the site for a 5 year period. As educational facilities are not specifically listed in the OSR (Open Space and Recreation) zoning district, the Cultural Arts Institute requested an amendment to the Land Development Regulations to allow "educational facilities" as an accessory use. On January 28~h, the applicant indicated the school will be relocating from the Bucky Dent's Baseball School site to a facility in Boca Raton which will better suit the school's needs. However, due to the merits of the proposed amendment, and as first reading of the text amendment has been advertised, it is appropriate to move forward with the text amendment, which is now before the Commission for action. The amendment will allow "educational facilities" as an accessory use to the principal uses (B)(1) Parks and (B)(2) Recreation Facilities. Educational facilities would not be allowed as an accessory use to the other two principal uses in the OSR zoning district (B)(3) Golf Courses and (B)(4) Cemeteries and Mausoleums, due to safety concerns at golf courses and the inappropriate environment of a cemetery. All eligible properties with the exception of Lake Ida Park and Bucky Dent's Baseball School are City owned. Establishment of schools on City-owned property will be City operated, or must be approved through an agreement with the City. This amendment will accommodate the existing charter school at Pompey Park as well as any potential school at the Catherine Strong Center. On March 14, 1997, the City Commission approved a similar request to allow child care programs as an accessory use in the OSR zoning district to accommodate the after school programs. Additional background and an analysis are found in the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERA~ON '~ 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 request. After discussing the amendment, the Board voted 7-0 to recommend to the City Commission that LDR Section 4.4.27(C) (Accessory Uses and Structures Allowed) be amended to add "educational facilities"as an accessory use, based upon a positive finding with LDR Section 2.4.5(M)(5). ~,, , , ~RECOMMENDED, ACTION By motion, approve on first reading the text amendment to LDR Section 4.4.27(C) to allow "educational facilities" as an accessory use in the OSR zoning district), based upon the findings and recommendations of the Planning and Zoning Board, setting a public hearing date of February 19, 2002. Attachments: Planning & Zoning Board Staff Report of January 28, 2002 & Ordinance by Others ORDINANCE NO. 05-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVt~JI.OPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.4.27, "OPEN SPACE AND RECREATION (OSR) DISTRICT", SUBSECTION (C) "ACCESSORY USES AND STRUCTURES Al.LOWED", TO ADD EDUCATIONAL FACILITIES AS AN ACCESSORY USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on January 28, 2002 and voted to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DF~I.KAY BEACH, FLORIDA, AS FOIJ.OWS: Section 1. That Article 4.4, "Base Zoning Districts", Section 4.4.27, "Open Space and Recreation (OSR) District", Subsection (C), "Accessory Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Deb:ay Beach, Florida, be and the same is hereby amended to read as follows: (C) Accessory Uses and Structures Allowed: The following types of use are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Restrooms, rest areas, picnic facilities. (3) Administrative and maintenance buildings. (4) Boat ramps. (5) of Delxay Beach. Concessions and services provided under a license agreement with the City (6) Storage of inventory, equipment, and materials, within a structure or in an approved outside location. progl~$. Residential facilities for temporary occupancy by participants of recreational (8) Child care programs as an accessory use to (B)(1) and (2) above. ~.) Educationa! Facilities. 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. 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. 05-02 ~, I~;~?~EANNI~~I~ZONIN~(~BOARD:MEMORANDUM STAFF~REEORT MEETING DATE: JANUARY 28, 2002 AGENDA ITEM: IV.F. - AMENDMENT TO LDR SECTION 4.4.27(C) TO ADD EDUCATIONAL FACILITIES AS AN ACCESSORY USE IN THE OSR (OPEN SPACE AND RECREATION) ZONING DISTRICT. The item before the Board is that of making a recommendation to the City Commission regarding an LDP, amendment to Section 4.4.27(C), Open Space and Recreation (OSP,) zoning district, Accessory Uses and Structures Allowed, to add "educational facilities"as an accessory use, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. Ii!' ~' BACKGROUND ' ~ The Cultural Arts Institute (Charter School) has been operating on a temporary basis at the Bucky Dent's Baseball School (490 Dotterel P,oad) since August of last year. The school serves approximately 50 students from the Delray Beach and Boca Raton areas. The anticipated capacity of the school will be approximately 150 students. The school is proposing to continue operating at the Baseball School for a minimum 5 year period, and has submitted plans to allow the installation of three modular classrooms at the east end of the property. As the proposed use is not specifically listed in the OSP, zoning district, a request to amend the Land Development P,egulations has been submitted to allow "educational fac#ities" as an accessory use. A charter school has operated at a city-owned facility (Pompey Park) through a license agreement with the City. LDR Section 4.4.27(C)(5) states that within the OSR zoning district "concessions and services provided under a license agreement with the City of De/ray Beach" are allowed as an accessory use. This program has operated at this site for several years and was established under the auspices of an accessory use to recreation facilities. The current proposal is to establish a charter school on OSP, zoned property, which is not City owned. Thus, a license agreement is inappropriate and thus the request to amend the LDP, s to allow the use. On March 14, 1997, the City Commission approved a similar request to allow child care programs as an accessory use in the OSR zoning district. The City Commission initiated the amendment to accommodate child care programs operated by both the City and County on properties zoned OSR (i.e. after-school program at Pompey Park and Head Start at the Catherine Strong Center). IV.F. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Educational Facilities in the OSR Zoning District Page 2 LDR Section 2.4.5{M}{5) {Findinas): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. There are seventeen parcels in the City which are currently zoned OSR (Open Space and Recreation). These include twelve sites which are owned by the City, one owned by Palm Beach County, three privately owned golf courses, and one privately owned baseball school. The City and County owned parcels include: · Boy Scout Hut (Lake Ida Road) · Catherine Strong Center · Currie Commons Park · Delray Beach Cemetery · Delray Beach Municipal Golf Course · Lakeview Golf Course · Lake Ida Park (County) · Leon Weekes Park · Merritt Park · Miller Park · Orchard View Park · Pompey Park · Veterans Park Four additional sites which are privately owned and zoned OSR are: · Bucky Dent's Baseball School · DeI-Aire Golf Course · The Hamlet Golf Course · Sherwood Golf Course The amendment will allow "educational facilities" as an accessory use to the principal uses (B)(1) Parks and (B)(2) Recreation Facilities. Educational facilities would not be allowed as an accessory to the other two principal uses (B)(3) Golf Courses and (B)(4) Cemeteries and Mausoleums. Golf Courses are excluded due to concems relating to safety. As schools usually require outside play areas, there are concerns with respect to wayward golf balls. Cemeteries and mausoleums are excluded as these are inappropriate environments to conduct educational programs. All eligible properties with the exception of Lake Ida Park and Bucky Dent's Baseball School are City owned. Establishment of schools on City-owned property will be City operated, or must be approved through an agreement with the City. Establishment of an educational facility as a principal use, rather than an accessory use, should be directed to property zoned CF (Community Facilities), which is consistent with the zoning of majority of public and private educational facilities. COMPREHENSIVE PLAN POLICIES: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following policies are noted. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Educational Facilities in the OSR Zoning District Page 3 Future Land Use Element Policy D-3.6 - The location and construction of new public education facilities and the expansion of existing facilities shall be permitted based upon a finding that the proposal is consistent with applicable goals, objectives, and policies of the Comprehensive Plan, and is compatible with adjacent land uses. Future Land Use Element Policy D-3.8 - The City shall seek to co-locate public facilities, such as parks, libraries, and community centers, with public educational facilities of the School District of Palm Beach County to the greatest extent. The proposed amendment is consistent with the overall direction of the above policies. As previously indicated, the majodty of the properties zoned OSR (Open Space and Recreation) are City-owned, and will enable co-location furthering the above policies. In addition, the applicant's proposed charter school is considered a public school, and is therefore also consistent with the above policies. 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. The amendment furthers the Goals, Objectives, and Policies of the Comprehensive Plan. RECOMMENDED ACTION By motion, recommend to the City Commission that LDR Section 4.4.27(C) (Accessory Uses and Structures Allowed) be amended to add "educational facilities" as an accessory use, based upon a positive finding with LDR Section 2.4.5(M)(5). Attachments: Map of OSR Zoned Properties Proposed Amendment CITY OF DELRAY BEACH, FLORIDA - OPEN SPACE & RECREATION ZONING DISTRICTS - ONE MIt. E I Crl'Y OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2002 N W 2ND ST S W 2ND ST I CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER~ ~ PAUL OORLING, DIRECTOR OF PLAN~._,AN.D Z~.]NG MEETING OF FEBRUARY 5, 2002 ** PUBLIC HEA~JNG ** ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 01-2 BACKGROUND Comprehensive Plan Amendment 01-1 was transmitted to the Florida Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on August 21, 2001. This meeting was also the first reading of the Adoption Ordinance (No. 39-01 ). At this Public Hearing numerous members of the public gave comment concerning this amendment. The majority of comments dealt with the privately initiated text change regarding the increase in density of the Transitional Future Land Use Designation, both for and against. Adjacent property owners, from the Del Ida Subdivision, had numerous concerns, mainly focused on scale, density, and intrusion of multi-family development into their neighborhood. After discussion regarding this issue, the Commission decided to transmit Amendment 01-2, as is, in order to give the applicant and the surrounding property owners the opportunity to work out their differences. This was done with understanding that if a solution could not be worked out, alternative actions could be taken at the second Public Hearing. After a preliminary review, DCA informed the City that Amendment 01-2 would require a complete review, culminating with an Objections, Recommendations, and Comments (ORC) Report. After their complete review, DCA declined to issue an ORC Report on December 6, 2001. In summary, the amendment consists of two City initiated Future Land Use Map amendments, numerous text changes and map & table updates, and one privately initiated text change. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board considered Amendment 01-2 at a public hearing on August 20, 2001, and recommended approval of the transmittal of the amendment to the Florida Department of Community Affairs. In a separate public hearing, the Board on a 4-3 vote, recommend denial of the privately initiated text change regarding the increased densities in the Transitional Future Land Use Designation. As DCA declined to issue an ORC report regarding Amendment 01-2, it was not necessary for the amendment to be brought before the Planning & Zoning Board again, and is consequently proceeding directly to City Commission for adoption. RECOMMENDED ACTION , By motion, approve on second and final reading Comprehensive Plan Amendment 01-2 (Ordinance 39-01), with exception of the privately initiated text change regarding the increased densities in the Transitional Future Land Use Designation, which staff recommends denial of, based upon a failure to make positive findings with respect to Future Land Use Element Policy A-1.7, as the proposed density is incompatible with the Iow density residential to the north; a density increase in this area would affect the character of the historic district; and, the change is inconsistent with the Seacrest/Del-lda Park Neighborhood Plan. Attachments: · Ordinance 39-01 · Comprehensive Plan Amendment 01-2 Support Documentation S:V..ongRange[Comp~rnend 01-2101-2 CC-Adoption. doc ORDINANCE NO. 39-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2001-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2001-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2001-2; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on August 20, 2001, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2001-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2001-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2001-2 was held by the City Commission on August 21, 2001, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2001-2 was found to be in compliance by the Florida Department of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive PIan Amendment 2001-2 was held on February 5, 2002, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Pla~ning and Land Development Regulation Act". Section 2. That ia' implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2001- 2", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2001-2". 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 39-01 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2001. ATTEST MAYOR City Clerk First Reading Second Reading.. 3 ORD. NO. 39-01 TABLE OF CONTENTS CITY OF DELRAY BEACH COMPREHENSIVE PLAN AMENDMENT 01-2 Pa;le AMENDMENTS TO THE FUTURE LAND USE MAP I Atlantic Grove 1 Rinaldi Parcel TEXT CHANGES - (CITY INITIATED) FUTURE LAND USE ELEMENT 2 5 Comprehensive update of Goal Ama "D" of the Future Land Use Element Policy C-4,8 (Parking Lots in Pineapple Grove) TRANSPORTATION ELEMENT 5 5 5 6 6 Map #12 - Future Traffic Network Map #14 - Functional Classifications & Maintenance Agency Table T-1 - Street Classification, Responsible Agency and Ultimate Right-of-Way Map #15 - Existing (1995)Annual Average Daily Traffic Conditions Map #16 - Existing Peak Season PM Peak Hour Peak Direction Traffic Conditions CAPITAL IMPROVEMENT ELEMENT 6 Table CI-ClP Five Year Capital Improvements Schedule for Projects > $25,000 CITY OF DELRAY BEACH COMPREHENSIVE AMENDMENTS TO THE FUTURE LAND USE MAP Atlantic Grove CRA initiated Future Land Use Map amendment for the Atlantic Grove parcel (Lot 9, Block 28, Plat of the Town of Linton), approximately 0.23 acres in size, from LD (Low Density, 0-5 du/acre) to CF (Community Facilities). See Support Document #1 (Atlantic Grove Future Land Use Map Amendment staff report) Rinaldi Parcel City initiated corrective Future Land Use Map amendment for the Rinaldi parcel (North ~ of Lot 7, Block 2, Plat of Ocean Park), from MD (Medium Density, 5-12 du/acre) to CC (Commercial Core). The parcel is approximately 0.03 acres in size and is located on the east side of Bronson Avenue, approximately 100 south of Atlantic Avenue. See Support Document #2 (Rinaldi Parcel Future Land Use Map Amendment staff report) (1) CITY INITIATED TEXT CHANGES FUTURE LAND USE ELEMENT 1) Location: Pg. FL-36 - FL-38 GOAL AREA D The following is a comprehensive update of Goal Area "D" of the Future Land Use Element to reflect current data, information, and policies of the Palm Beach County School Board and the City of Delray Beach. The goal area is only shown in the strike through and underline format and will replace the existing Goal Area D in its entirety. GOAL AREA 'D" THE PUBLIC SCHOOL SYSTEM WHICH SERVES DELRAY BEACH SHALL BE AN ASSET TO THE COMMUNITY THROUGH CONTRIBUTING TO THE STABILIZATION OF NEIGHBORHOODS AND ACCOMMODATING THE NEEDS AND DESIRES OF EXISTING AND FUTURE RESIDENTS OF THIS CITY. Thc '";~' .... ;' .... ~' *" thc ' thc City'c ....h....... ; ........ ~,,,~ The City shall strive to maintain a school population that mirrors the diversity of our community. In ordor to maintain a m~ally balancod school as pad of an ovorall proflram to achiovo this o~iv~ th~ City will work with tho School Board to stfivo toward a dosirod studont population that is compdsod of 40% black and ~0% othor. P=GJJLG/J~.:.I.~ The City shall not participate in new housing projects which would exacerbate the current imbalance of racial mix for each local school d!:tr!ct until the o,.~....,, =c~.,~,: ,...,..,.,, ~ ..... ;"' ~'~ .... :o '-"~'~'-"~ above Objective is met. (2) Policy D-1.3 The City will continue monitorin,q the Advisory Boundary Committee and participate as necessary in their discussions relatin,q to boundary chan,qes that may effect the diversity and socio-economic balance within our schools. Policy D-1.4 The City supports and will help to facilitate the relocation of Atlantic Hiqh School to a more centrally located area within or adjacent to the City. This would enhance the diverse student population and the School District's .qoals of creatinq a Io,qical "feeder pattern system" within the City. Policy D-1.5 The City acknowled,qes the School District's desire to create "nei,qhborhood schools". The application of the "nei.qhborhood schools" philosophy will minimize the busing of Delray Beach students out of Delray Beach and to lessen the number of school attendance districts to which students are assiqned. However, the City realizes that this will not be possible until additional capacity is available in the City to accommodate its student population. The role of schools in their neighborhoods shall be enhanced so that the school facilities aid in achieving the goals and objectives of this Comprehensive Plan, particularly those identified in the Housing Element, which are directed toward the stabilization and revitalization of neighborhoods. ~;IJJ~..[~,,J. The City, shall make improvements to sidewalks and pathways under its jurisdiction which, without such improvements, would require that the School Board transport students. New developments shall be required to comply with this policy by providing such pathways concurrent with the development. nc~ghbcrhccds. The City suppers the use of the Delray Full Se~ice Center as a viable school site and future expansion area for the Villaqe Academy. ..'~"~'*";"*~'.,,....., ,'"+h'~'.. .. *hen ".,h" -.'~""'"~"'". ~ ..... ' ..... "'""*"~ """""~'""" If Atlantic Hi,qh, School is relocated, the City ~li work with the school Board to insure that a new middle school is constructed on the existinq Atlantic HiRh School site, which will be an asset to the neiflhborhood in which it is located. The City shall cooperate with the School Board to achieve placement of new schools inside of the County's urban services area, to upgrade and enhance existing facilities within the City ~""~ *"' o"~'~'"~ ;"'~;";'~'"~ ~:'-'-"';* ..... '~' ~ ..... '~'~ .... '~ t!mc!y ...... ........ ~- .................. u ............ , ............=, ........ as provided for in The School Distdct of Palm Beach County's 5-Year Plan and Capital Bud.qet. (3) ~ The City shall work with the School Board to provide appropriate infrastructure and physical plant improvements pursuant to thc "e~'""~"~'_, ,~.,,,,~, *"-,.-, ._..v.~,,...,~v"~" .... ,...~ adopted Goals and Objectives of the City's Education Board and City Commission. ~ The policies of this objective shall be coordinated through ongoing communications between the Office of the City Manager and the School District Superintendent. There shall be a mutual obligation to insure that all policies within this goal area are urgently pursued. ~..~[,¢_y._[~43 The City shall work with the School Board toward constructing and placing into operation: a..v..,' .... c'c'"~r.~r/. ... . ..""k'""-..~ ... ;,.... +k...v ..... - ....+k""°+.. .---'-' - ""'*~""r'-" -"- ' ' ''~'' . +r,,,..... r'-',,,....,, a new middle school and new high school in or adjacent to the City, ~;~L¢~.~ Public educational facilities of ,The s_School riD,strict of Palm Beach County shall be consistent with all land use categories except Conservation. ~,~..~.-~6~ The lo.cation and construction of new public education facilities and the expansion of existing facilities shall be permitted based upon a finding that the proposal is consistent with applicable goals, objectives, and policies of the Comprehensive Plan, and is compatible with adjacent land uses and development pattems. ~,]].~~6 The City shall encourage the School Board to select elementary and middle school locations that are within a reasonable walking distance from neighborhoods that have substantial numbers of children who will attend the school. The sites should be easily and safely accessible to pedestrians, bicycles, school busses, mass transit, and cars. Whenever possible, access to the site should be from a collector road (City collector or local road for elementary schools), as opposed to an arterial road. Ej;~7~Li~.-~8Z The City shall seek to co-locate public facilities, such as parks, libraries, and community centers, with public educational facilities of tT_he sS_chool riD. strict of Palm Beach County to the greatest extent possible. The City shall work toward the continued improvement of its schools and to promote a positive image of the local public education facilities. ~ The City will continue to lobby the School Board for an equitable amount of funding and resources for schools located within the City. (4) ~ Through its Education Board, the City will work to publicize the improvements that have been made to local schools, and to ensure that the schools and teachers are recognized for their achievements. This will be achieved through the production of informational brochures and the conducting of special programs and activities to promote education and the local schools. In order to increase student achievement in Delray Beach School's, the City Supports the School Board's adopted "Achievement Matters For All" plan. Policy 5.1 The City will continue its efforts to help improve student achievement, by working in concert with the School Board to provide Dro~rams and resources that are appropriate to the unique demo.qraphic profile of each school located within the City and help secure funding as necessary. Policy D-5.2 The City shall encoura.qe the School Distdct to implement pre-kindergarten programs, including Exceptional Student Education (ESE), in all of our elementary schools and Adult Literacy programs in our schools that have a siqnificant population on the free and reduced lunch program. Policy D-5.3 The City supports The Village Academy school and will continue to lobby the School Board to ensure its growth to house grades K-12. The City will continue to lend its support to the school by providinq technical assistance and by helping to secure fundin.q to maintain the "Beacon School" concept. 2) Location: Pg. FL-36, Policy C-4.8 (Parking Lots in Pineapple Grove) Policy C-4.8 The City will participate, along with the CRA, in funding the development of public/private parking lots in the Pineapple Grove Main Street area. Change: Creation of Policy Comment: This policy is being added to demonstrate the City's commitment to the development of more parking areas in the Pineapple Grove Area, as reflected in the amendments to the Community Redevelopment Agency's Comprehensive Plan, and subsequent adoption by the City Commission on May 15, 2001. TRANSPORTATION ELEMENT 3) Location: Pg. TR-13 Map #12 - Future Traffic Network Pg. TR-24 Map #14 - Functional Classifications & Maintenance Agency Pg. TR-14 Table T-1. Street Classification, Responsible Agency and Ultimate Right-of-Way (5) See existing maps & table attached as Support Documents #3, #4 & #5. Change: REVISION See proposed maps & table attached as Support Documents #6, #7 & #8. Comment: The above listed maps and table are being modified to reflect the reclassification of SW 4th Avenue, from SW 10th Street to Linton Boulevard, as a "City Collector". 4) Location: Pg. TR-25 Map #15 - Existing (1995) Annual Average Dally Traffic Conditions Pg. TR-26 Map #16 - Existing Peak Season PM Peak Hour Peak Direction Traffic Conditions See existing maps attached as Support Documents #9 and #10. Change: REVISION See proposed maps attached as Support Documents #11 and #12. Comment: Both Maps are being updated to reflect most current available data (Year 2000 data). ~ CAPITAL IMPROVEMENT ELEMENT 6) Location: Pg. Cl-28-31, FL-10, Five Year Capital Improvements Schedule for Projects > $25,000 (Table CI-CIP) See existing Table attached as Support Document #13. Change: REVISION See proposed Table attached as Support Document #14. Comment: Modification of Table to reflect changes associated with the adopted 2001- 02 Capital Improvement budget. (6) SUPPORT DOCUMENTS COMPREHENSIVE PLAN AMENDMENT 01-2 CITY OF DELRAY BEACH, FLORIDA -INDEX- S.D.# S.D. #1 S.D. #2 S.D. #3 S.D. #5 S.D. #6 S.D. #7 S.D. #9 S.D. #10 S.D. #11 S.D. #12 S.D. #13 S.D. #14 DOCUMENT NAME Atlantic Grove FLUM Amendment Staff Report Rinaldi Parcel FLUM Amendment Staff Report Future Traffic Network Map (Transportation Element - Map #12) Functional Classifications & Maintenance Agency Map (Transportation Element - Map #14) Street Classification, Responsible Agency and Ultimate Right-of-Way Table (Transportation Element - Table T-1 ) Proposed Future Traffic Network Map (Transportation Element - Map #12) Proposed Functional Classifications Maintenance Agency Map (Transportation Element - Map #14) Proposed Street Classification, Responsible Agency and Ultimate Right-of-Way Table (Transportation Element - Table T-1 ) Existing (1995) Annual Average Daily Traffic Conditions map (Transportation Element - Map-15) Existing Peak Season PM Peak Hour, Peak Direction, Traffic Conditions map (Transportation Element- Map-16) Proposed existing (2000) Annual Average Daily Traffic Conditions map (Transportation Element - Map-15) Proposed Peak Season PM Peak Hour, Peak Direction, Traffic Conditions map (Transportation Element - Map-16) F'we Year Capital Improvements Schedule for Projects > $25,000 (Capital Improvement Element Table Cl-ClP) Proposed Five Year Capital Improvements Schedule for Projects > $25,000 (Capital Improvement Element Table Cl-ClP) SUPPORT DOCUMENT # 1 COMPREHENSIVE PLAN AMENDMENT 01-2 ATLANTIC GROVE FLUM AMENDMENT STAFF REPORT PLANNIN AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: August 20, 2001 Future Land Use Map Amendment from LD (Low Density Residential 0-5 du/ac) to CF (Community Facilities) for a Parcel of Land Located at 35 NW 4~ Avenue to Accommodate an Off-street Parking Lot Associated with the Atlantic Grove Redevelopment Proje~. GENERAL DATA: Owner/Applicant ..................Deiray Beach Community Redevelopment Agency Agent ................................... Diane D~minguez, Fxe=,JfiVe Dire;tot Deiray Beach Community Redevelopment A.~en:y Location ............................... we~ side of N.W. 4th Avenue, approximately 3~0' no,lb of West Atia~ic Avenue .=r~pe~y Slze ....................... r_'.2S Acre =×istin~ FLUM Pr:~p~se.d FLUM ............... CF {Comm,.mity Faziiities) ...u,,.n, Z~mn~ ................. · F . Ad;acen: Z:nmgs ........ ND%-,. .DF .~,D~mmu.affy Fa=iiit~es', S~".. 2:;Dcmmu'~)' Fa:ii~ies: Wes: .?.FfDommunh.)' Fac. iiities) Water Se=vise ...................... ITEM BEFORE THE BOARD 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 LD (Low Density Residential 0-5 alu/acre) to CF (Community Facilities) for property located at 35 NW 4t~ Avenue. 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. BACKGROUND The amendment involves one parcel totaling 0.23 acres, and is legally described as Lot 9, Block 28, Town of Delray. It contains a vacant, boarded-up single family home. This action is associated with the Atlantic Grove redevelopment project on the North 300 and 400 Blocks (Blocks 28 & 36) of West Atlantic Avenue, and has been requested by the City's Community Redevelopment Agency (CRA). The subject property was formerly owned by Greater Mt. Olive Missionary Baptist Church. The house that is located on the property was constructed on Lot 7, Block 28 around 1921 as the parson's home, and was relocated to the subject property in the 1950's. The property was purchased by the Community Redevelopment Agency in 1999 as part of an assemblage of properties within Blocks 28 and 36 for redevelopment purposes. The property is located within '~," t,,_ "West Atlantic Avenue Redevelopment ' .... " Guidelines for redevelopment of this area are contained within the West A~lantic Avenue Redevelopment Plan. The Plan contains block diagrams that depict possible redevelopment scenarios for each block in the Redevelopment Area. The diagram for redevelopment of ~31ocks 28 depicts multistory mixed use buildings fronting o," West Atiantic Avenue and parking in the rear. The plan states that the subject prope%v is to be utilized as "new .corking or church expansion.' The property is cu,-rentiy under contract for sale to Atlantic Grove Partners. whr.. received site plan a~oroval from the Historic Preservation Board on August ! 5.2.301 "Atlantic Grove". =. mixed,_-e,~ r_o_~= '= ,~_i~m..nL. = ' proje~ on Blocks 28 _22= ' 36. The sh,.e oiar _~=s the sublet'., orogeny. . as ..= 2'.---s.~ace parking iot t.~ be used by ou=s+=. _ .. of -=-', _~o=~-= and cuszomers of ~usinesses within the new deveiopmem, in order ~o accommos=.~e the use, reques;s w..,~ made to chanae the zoning from = '," fSin~e Family Residential) to CF (Community FaciiKies) an5 ~o approve a Conditional Use aliowin.: the operation of a privately owned parking lot in the CF zoning dis~rict. The rezonm$ an:; conditional use were approved by the City Commission on August T, 200',.. Although not necessarily required, given the proposed use and the use of the surrounding =-'=~ ..... prop.,,L.., k was determined that an amendment to designation should be processed as a part of Comprehensive Plan Amendment ¢ 2931- 02. FUTURE LAND USE MAP AMENDMENT ANALYSIS 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 ~onsistent with the applicable land use designation as sh=wn on the Future Land Use Map. The property is part of a proposed mixed-use redevelopment project that will include a parking lot on the subject property. A privately operated parking lot is allowed within the existing CF zoning district as a Conditional Use, which has been approved. The CF zoning district is consistent with the proposed CF Future Land Use Map designation. Thus, positive findings can be made regarding consistency of the FLUM designations and zonings. ,=~,,~ findings of LDR Section ~., I Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-I.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 t?,at '= '--'= ~_mons~ =~. compliance with these findings: Demonstrated Need That ~ere is a need for the requested ~ ' -' need must be based upon circums~n=es such as shi~ in demographic trends, chsn~es in the availabili~ of land, changes in the existin~ ch~ra=ter and FLUM designstions of the surrounding comprehe~siw plsn objective or policy, annexstion into the municipal boundaries, or similar circumsances. The need must be supposed by '--- and analysis veri~,ing the changing demographics or other circumsmn=es. This requirement shall not apply to reaues~ for the FLU~{ Conse~ation or Recreation and Open Space; nor shall it appiy to FLU~ changes associated with annexations when the Oi~,'s adviso~, FLUf~ designation is being applied, or when the requested designation is of ~ simi[sr intensi~ to the advisow o-s~gnatmn. However, the findings described in the remainder of ~is policy must be addressed with ali FLU~ amendment. The proposed FLUM amendment will fulfill Future Land Use Element Policy C-1.5, stated as follows: Future Land Use Element Policy Col.5: The following pertains to the Atlantic A venue Redevelopment Area: This area extends in a corridor along Atlantic Avenue eastward from i-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini-parks, commercial uses along Atlantic Avenue and NW 5th Avent,e. and scatlered vacant parcels. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, specJa! development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance t4~ith the provisions of the redevelooment plan. Adoption of the Redevelopment Plan represents Phase I of t,he redevelopment strate~Ty for the area. Phase I/cons/ets of an economic development strategy to be developed by the CRA, based on the Redevelopment Plan, and a market study. The economic development strategy will be completed by Fiscal Year 97/98. The West Atlantic Avenue Redevelopment Plan, which was most recently amended in November of-2000, includes recommendations for redevelopment of the subject parcel as "new parking or church expansion". This is consistent with the current proposal for redevelopment of the property as a parking lot associated with the Atlantic Grove project. On August 7, 2001. the City Commission approved the rezoning of the property from R-I-A (Single Family Residential) to CF (Community Facilities) and a Conditional Use request to allow the establishment of a privately operated parking lot. Given this change in circumstances, the proposed CF FLUM designation is most appropriate for the property. Since this Comprehensive P~an policy is furthered by the proposed FLUM amendment, "-~' - ,,,,, ,, change in circumstances has occurred with the rezoning and conditional us_-- approval toa....ommo,,~.t_'--- '~= = ,,-- parking lot.. a positive findin:, can be made with respect zo fulfilling =. demonstrated need. Consistency - The requested designation is consistent with the o~ectives and policies of the most re=entty adopted Comprehensive As stated above, the pr2posai is consistent with the goais, objectives and p~iicies of the City's Comprehensive Plan. Concurrency - Development at the highest intensity possible under th.: requested designation can meet the adopted concurrency standards. Development of the property, will be limited to uses permitted under the prop=sod CF land use and z~ning designations. The intended use is a parking lot. Given the property's sma[ size (0.23 acres), its development for any other use allowed ir~ the CF district is unlikely. The only other scenado would be to incorporate the property into the adjacent church facility. Drainage will be accommodated on site via an ex, filtration system. City facilities, such as water and sewer have sufficient capacity to handle development as a CF use. Similarly, solid waste can be accommodated by existing County facilities. As the property is located in the TCEA (Transportation Concurrency Exception Area), there is not an issue with respect to traffic concurrency. It is also noted that parking lots typically do not generate vehicular trips. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. 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 significant portions of Blocks 28 and 36 of the West Atlantic Avenue Redevelopment Area. The property is surrounded by the Mount Olive campus, including the sanctuary to the north, paved parking areas immediately to the south and west, and an unimproved parking area to the east across NW 4th Avenue. The FLUM designations to the north, west, and south are CF (Community Facilities). The designation to the east, across NW 4th Avenue, is GC (General Commercial). This section of the V~lest Atlantic Avenue redevelopment area contains a significant amount of governmental and community facilities, including the City's Tennis Center immediately to the east and the City's Fire Station Headquarters immediately to the west of the proposed mixed-use project, the Greater Ivlount Olive campus immediately to the west, south, and north, and the South County Courthouse and City Police Station, across Atlantic Avenue to the south. The proposed designation of CF and the proposed use as a parking lot are compatible with the existing and future !and uses of ~he su.,T, ounding area. Therefore, a positive finding with r_=spect to compatibility can be made. Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The subject prppe,;.-y contains a vacant historic home that is in -.,-.r=,~=~,, poor condition· The 2rope,.'!y is part of a proposed mixed-use r_o.v_lopm_nL project that will include ~ 24 space parking lot on the subje~ properi¥. Compiiance with the Land Development Regu[ati-~,"',s is being addressed with review of the site plan the associa[e~ mixed use o_~_lopm_n.. A waiver was requested with see approval to reduce the stacking distance provided from 20' to 12'. Othe,~.,~se. the parking lot design complies with the Land Development Regulations. At its meetin~ of August 15. _,3¢1, the HPB approved the site plan and associated waiver request. Given the above, a positive finding with respect ts) compliance with the Lan~J Development Re_~uiations can be made. REVIEW_BY OTHERS By their request for this action, the Community Redevelopment Agency has given its approval. West Atlantic Avenue Redevelopment Coalition (WARC): WARC reviewed the FLUM amendment at its meeting of July 11, 2001, and recommended approval. Historic Preservation Board (HPB): The HPB reviewed the FLUM amendment at its meeting of July 11, 2001, and recommended approval. Downtown Development Authority: The DDA reviewed the FLUM amendment at its meeting of July 18th, 2001, and recommended approval. 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 Pianning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: West Se~lers Historic District Association · PROD (Progressive Residents of Del-ay) · Northwest Community Improvement Association · Presidents Council · Deiray Merchants Association · Peach Umbrella · West Side Heights ASSESSMENT'AND CONCLUSION The proposed FLUM Amendme,nt will provide for development that is consistent with the West Atlantic. .'-',ve,~ue Redeveiopment Plan. The proposed CF FLUM designation is consistent with the existing CF zoning, which allows the proposed parking ici use. Positive findings car.. be made with respe~ to Future Land Use =_[ement Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings). LDR Section 3.1.1 (Required Findings), and the G,oa!s, Obje:tives, and Poiicies of the Comprehensive P~an. Therefore the proposed FLUM amendment can be recommended for approval based on the findings o~iined in this report. ALTE RNAT'IV E ACTIONS A. Continue w~n direction. B. Recommend to the City. Commission approval of the FLUIvi Amendment for the subje~ property, based on consisten~,v with the West Atlantic Avenue Co 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; or Recommend denial of the 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. RECOMMENDED ACTION Recommend to the City Commission approval of the proposed FLUM Amendment from LD (Low Density Residential 0-5 du/acre) to CF (Community Facilities) based on consistency with the West Atlantic Avenue 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 Gca!s, Objectives, and Pclicies of the Comprehensive Plan Report prepared by: F~on Hoooard. Senior Planner Attachments: · Proposed Futurs Land Uss Map s:~lanning & =,Dnin.~D.~ar=s"~.~7. board~i~28 flum am~.ndmsnt, do= II E ~ 4=--~'D CiTY 1i---:~,!__~ ~__ __~ , ~ !~.~ ..... · "'"', ,,,.,__ ~ i ~ ~ ~: ~ COMMDWI TY /l/~!ll!ilj NO. ~ I : J I J Jllltllll!l STADIUM ATLANTIC AVENUE ..... ~ CgM¢LEX CO;¢~ 7Y I ~< _~, ,-I ti ; .. , , i ATL&NTtC GROVE 1 - 5%ISTIN8 FLUM DESIGN~IDNS - SUPPORT DOCUMENT # 2 COMPREHENSIVE PLAN AMENDMENT 01-2 RINALD! PARCEL FLUM AMENDMENT STAFF REPORT PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: August 20, 2001 IV.B.2. Corrective Future Land Use Map Amendment from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Medium Density) to CBD (Central Business District) for a Parcel of Land Located on the East Side of Bronson Avenue Approximately 100' South of East Atlantic Avenue. Owner ................................. C. Rinaldi Applicant/Agent ................... City of Delray Beach Location .............................. East side of Bronson, 100' S. of Atlantic Avenue. Property Size ....................... 0.0,3 acres Future Land Use Map .......... Medium Density (5-12 Current Zoning .................... units/acre) RM (Multiple Family Residential - Medium Density) CC (Commercial Core), CBD (Central Business District) CBD (Central Business District) RM CF (Community Facilities) CF Mixed use development, containing retail, offices, restaurants, and residential. Same as existing Existing on Site. Existing on Site. Proposed FLUM .................. Proposed Zoning ............... Adjacent Zoning .... North: East: South: West: Existing Land Use ............... Proposed Land Use ............. Water Service ................... Sewer Service ................... BERKSHIRE BY 'l'N£ SEA GROSt~ENOR HOUSE MANOR HOUSE CONDO [:'IRE IV.B.2. The action before the Board is making a recommendation to the City Commission on a City initiated corrective Future Land Use Map (FLUM) amendment from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) and rezoning from RM (Medium Density Residential) to CBD (Central Business District) for a portion of the Rinaldi property. The subject property is located on the east side of Bronson Avenue approximately 100 feet south of Atlantic Avenue and contains 0.03 acres. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to ali amendments to the City's Future Land Use Map and rezoning of land. The subject property is the north half of Lot 7 Block 2, Ocean Park Subdivision and is part of a larger property containing a mixed-use development (office, retail shops, a restaurapt and an apartment unit). The site was originally built in the 1950's as an apartment complex containing four apartment buildings. On July 17, 1978, building permits were issued to allow the conversion of the apartments to retail shops which included installation of an open courtyard area. In 1979, the second floor of the building located at the southwest corner of the site was converted back to a residential unit for the property owner. In researching the history of the Future Land Use Map designation and zoning of the property City records revealed that prior to 1977 the entire site was zoned LC (Limited Commercial). The Future Land Use Map designation for the property differed in that the north 94 feet of the 110.65' deep property was designated Commercial, while the south 16.65 feet was designated Medium Density Residential. On November 22, 1977, as a part of a City-wide rezoning, the City Commission changed the zoning for the south 16.65 feet (subject property) from LC (Limited Commercial) to RM-15 (Multiple Family Residential). With the adoption of the City's Comprehensive Plan and Futura Land Use Map in November 1989, the FLUM on the north 94 feet of the property was changed to CC (Commercial Core), while the south 16.65 feet of the site was changed to MD (Medium Density Residential 5-12 du/ac). Subsequently the property was rezoned from LC to CBD and P,M-15 to RM respectively with the adoption of the Land Development Regulations and citywide rezoning in October 1990. During the preparation of the rezoning request for the First Presbyterian Church, it was identified that the existing mixed-use development was iocated within two zoning and FLUM districts and that the district boundary line bisected the southernmost building. As the zoning change from commercial to residential was P & Z Board Staff Report Rinaldi Property- Corrective FLUM Amendment and Rezoning to CBD Page 2 established by ordinance, a formal zoning and correspondent FLUM amendment is therefore being processed to correct this error. Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The current RM zoning and Medium Density Future Land Use Map designation do not allow the existing mixed-use development. This portion of the site is part of an overall parcel and as such should have similar commercial designations. The Future Land Use Map amendment and rezoning is being sought to eliminate an existing inconsistency between the subject parcel and the remainder of the site. REQUIRED FINDI.,NGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map mast be based upon the following 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, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The current FLUM designation of MD on the south portion of the property (16.65') is inappropriate as the Medium Density Residential designation is inconsistent with the existing uses on the property. This corrective amendment will apply a Future Land Use Map designation of Commercial Core on the entire property reflecting the existing uses which have continued since 1 c~78. Thus, the amendment will eliminate an inconsistency and correct a mapping error. Consistency - The requested designation is consistent with the goats, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed FLUM amendment to CC is corrective in nature and eliminates the confusion of having dual land use map designations on one mixed-use site. P & Z Board Staff Report Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD Page 3 Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed rez0ning and FLUM change are corrective, in nature and no new development or redevelopment is proposed with the request. Thus the request will have no impact with respect to Concurrency. Compatibility - The requested designation will be compatible with t_he existing and future land uses of the surrounding area. The requested designation of Commercial Core will be consistent with adjacent land use designation to the north, and will accommodate the existing uses. Since no development changes are proposed and the current uses have existed on the site since 1978, no compatibility concerns are noted with the multi-family and church uses to the east, west and south. Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The subject property is developed and no additional improvements are proposed with this request. A review of the applicable Comprehensive Plan Policies was undertaken and the following applicable policy was identified. Policy C-3.2 Coastal Management Element 'q'hers shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system" The proposed FLUM amendment will not change the intensity of land uses as there are no changes proposed in the current uses on the site. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings mast 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 deveiopmen~ application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. P & Z Board Staff Report Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD Page 4 Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standa. rds. for Rezoning Actions),, along with the' re.q.uired 'fi~dings in Section 2.4.5(D)i5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Section 3.2.2 (Standards for Rezonin.q Actions): Standard A, B, and E are not applicable with respect to this rezoning request. 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 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 existing site currently is developed as a 110' deep strip commercial development along the south side of Atlantic Avenue. While the proposed change will increase the depth of the commercial zoning, it will accommodate the existing depth of the commercial development. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. ~ property is surrounded by the following zoning districts: to the north is zoned CBD (Central Business District); to the east is zoned RM (Medium Dens~., Residential) and to the south and west is CF (Community Facilities). The existing land uses are: retail/restaurants to the north; multi-family residences to the east and First Presbyterian Church campus to the south and west. The zoning action is corrective, and will result in the appii:ation of an appropriate zoning classification which is consistent with the zoning designation of the balance of the property, ancJ the associated land use. This use has been at this location since 1978 and no new development is proposed. Based upon the above, positive findings can be made with respect to the applicable performance standards. P & Z Board Staff Report Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD Page 5 Section 2.4.5(D)(5) (Rezonin_cl Findinqs): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, 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 =.stablish.d, in error; That them has been a change in circumstances which make the current zoning inappropriate; 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 reason for the rezoning is "a". The zoning change in 1977 was established in error as the change in the zoning district from LC to RM-15 bisected an existing development which operated as one business entity. This corrective rezoning will result in the assigning of an appropriate classification for the existing use as well as achieve consistency with respect to zoning designation for the entire parcel. The development proposal is not located within the review by the DDA (Downtown Development Preservation Board. Community Redevelopment Agency' geographical area requiring Authority) or the Historic The Community Redevelopment Agency reviewed the request at its meeting of June 28, 2001, and recommended approval. .Courtesy Notices: A special courtesy notice was provided to the Chamber of Commerce, PROD, the President's Council and the following homeowners associations: · Beach Property Homeowners Association · Via Marina Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. P & Z Board Staff Report Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD Page 6 The existing FLUM designation of MD (Medium density Residential 5-12du/ac) and zoning of RM (Medium Density Residential) is inappropriate for the property as the remainder of the property has a CC (Commercial Core) FLUM designation and is zoned CBD (Central Business District). The FLUM amendment and rezoning will correct a mapping error and result in FLUM and zoning consistency for the properties. The uses on the property have existed at this site for many years and will not be affected by the proposed changes. No new development or redevelopment is anticipated with this request. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Sections 3.1.1, 3.2.2, and 2.4.5(D) of the Land Development Regulations. A. Continue with direction. Recommend. to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC and rezoning from RM to CBD based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous FLUM designation and zoning district were established in error. Recommend to the City Commission denial of the corrective Future Land Use Map amendment from MD to CC and rezoning from RM to CBD, based upon 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 (A) of the Land Development Regulations, with ~e basis stated. .. Recommend to the City Commission approval of the corrective Future Land Use Map amer~dment from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial C3re) and rezoning from RM (Medium Density Residential) to CBD (Central Business District) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous FLUM designation and zoning district were established in error. Attachments: .F. xnioit A, Future Land Use Map & Zoning Map ~ < ~.¢F II  ~ ~ No. '~ ~ x- tROVE CONDO N ,<,, SPANISH ~ DELRAYBEACH I 5 ~ l CC. ~ ' -"~i ~/~ Area Subject to' ~ ~ ~ Modification I M~AMA? ~ FUTURE ~ND USE MAP AMENDMENT c~ ~' D~R~ B~C~. ~ FROM: MEDIUM DENS~ (~12 UNO.ACRE) TO: COMMERCI~ CO~E PL~NIN~ ~ Z~ING ~AR~[NT M GROVE CONDO CF FIRE STA. NO. 2 MIRAMAR J, S.~ANISH RIVER RE$ORT ATLANTIC Area Subject to Modification -- I AVENUE CBD CBD DELRA Y BEACH MARRIOTT MIRAMAR STR~'£7 0 N CITY 0~" D~LRAY B-.,.A~H, TL PLANNIN~ & ZDNING D~PARTM~.HT REZONING .-'"ROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO: CBD (CENTRAL BUSINESS DISTRICT) SUPPORT DOCUMENT #3 COMPREHENSIVE PLAN AMENDMENT 01-2 FUTURE TRAFFIC NETWORK MAP (TRANSPORTATION ELEMENT - MAP #12) Sw 2~ AVE NTS COCONUT LN ¢ITY~IMT?$ LAKE IDA RD 3ULFSTREAJQ L NE 8 ST /// ATLANTIC -] TRi-RAIL/ AMTRAK 1 ST 1 ST ATLANTIC OCEAN LOWSON BLVO (S 10 ST) LINTON BI. VD lIMITS SOURCES FEDERAL FUNCTIONAL CLASSIFICATIONS AND PALM BEACH COUNTY ROAD MAINTENANCE INVENTORY LIST PLANNING z- ZONING DEPARTMENT APRIL 2OO1 FUTURE TRAFFI£ NETWORK LEGEND' MAP ,f/f2 ~ - STATE PRINCIPAL ~ - COUNTY PRINCIPAL ,-'~','- - - Clef MINOR ARTERIAL ARTERIAL ARTERIAL ~ - STATE MINOR ~ - COUNTY MINOR - CITY COLLECTOR ARTERIAL ARTERIAL ~ - LOCAL ROADS AND ~ - STATE COLLECTOR ~ - COUNTY COLLECTOR ROADWAYS OUTSIDE CITY SUPPORT DOCUMENT # 4 COMPREHENSIVE PLAN AMENDMENT 01-2 FUNCTIONAL CLASSIFICATIONS & MAINTENANCE AGENCY MAP (TRANSPORTATION ELEMENT - MAP #14) SW 23 ~V[ NTS COCONUT LN CITY liMITS ~ULFSTRE, A~ ~ L /// I" I ATLANTIC TR~- RAIL/ AMTRAK 1 ST SE 1 ST ATLANTIC OCEAN LOWSON BLVD (S 10 ST) II LINTON BLVD CITY lIMITS PLANNING & ZONING DEPARTMENT APRIL 200') SOURCES FEDERAL FUNCTtONAL CLASSIFICATIONS AND PALM BEACH COUNTY ROAD MAINTENANCE INVENTORY LIST FUNCTIONAL CLA551FICATION5 AND MAINTENANCE RESPONSIBILITY LEGEND: MAP # 14 m- STATE PRINCIPAL m- COUNTY PRINCIPAL ~- - CITY MINOR ARTERIAL ARTERIAL ARTERIAL mm - STATE MINOR m - COUNTY MINOR " - CITY COLLECTOR ARTERIAL ARTERIAL LOCAL ROADS AND mmmmmm - STATE COLLECTOR - COUNTY COLLECTOR ROADWAYS OUTSIDE CITY SUPPORT DOCUMENT # 5 COMPREHENSIVE PLAN AMENDMENT 01-2 STREET CLASSIFICATION, RESPONSIBLE AGENCY AND ULTIMATE RIGHT-OF-WAY TABLE (TRANSPORTATION ELEMENT - TABLE T-l) SUPPORT DOCUMENT # 6 COMPREHENSIVE PLAN AMENDMENT 01-2 PROPOSED FUTURE TRAFFIC NETVVORK MAP (TRANSPORTATION ELEMENT - MAP #12) II Sw 23 AVE: N,T S COCONUT LN F LAKE IDA RD CITY IJMIT$ TRI-RAIL/ AMTRAK LOW$ON BLVD ($ 10 ST) -_,J NF 8 ST I ST 1 ST ;ULIrSTR£AM L~ L /// ATLANTIC OCEAN LINTON 8LVD CITY lIMITS SOURCES FEDERAL FUNCTIONAL CLASSIFICATIONS AND PALM BEACH COUNTY ROAD MAINTENANCE iNVENTORY LIST PLANNING & ZONING DEPARTMENT JULY 2001 FUTURE TRAFFIC NETWORK LEGEND:MAP #12 I- STATE PRINCIPAL m- COUNTY PRINCIPAL ~,~-~ - - CiTY MINOR ARTERIAL ARTERIAL ARTERIAL I - STATE MINOR I - COUNTY MINOR - cn~ COLLECTOR ARTERIAL ARTERIAL LOCAL ROADS AND I -- STATE COLLECTOR - COUNTY COLLECTOR ROADWAYS OUTSIDE CITY SUPPORT DOCUMENT # 7 COMPREHENSIVE PLAN AMENDMENT 01-2 PROPOSED FUNCTIONAL CLASSIFICATIONS & MAINTENANCE AGENCY MAP (TRANSPORTATION ELEMENT - MAP #14) $9~ 23 ArT. N.TS COCONUT LN ~ITY I. IMIT$ LAKE iDA RD ;ULFSTREAM L --) L NE 8 ST /// LOWSON BLVO (S 10 ST) 'mI-RA, L/I AMTRAK SE 1 ST ATLANTIC OCEAN LINTON BLVD lIMITS SOURCES FEDERAL FUNCTIONAL CLASSIFICATIONS AND PALM BEACH COUN"~' ROAD MAINTENANCE INVENTORY LIST PLANNING & ZONING DEPARTMENT JULY 2001 FUN£TIONAL £LAS$1FI£ATION5 AND MAINTEIVANEE RESPONSIBILITY LEGEND, MAP iff 14 m- STATE PRINCIPAL m- COUNTY PRINCIPAL ,~ - CITY MINOR ARTERIAL ARTERIAL ARTERIAL m - STATE MINOR m - COUNTY MINOR - CITY COLLECTOR ARTERIAL ARTERIAL LOCAL ROADS AND im _ STATE COLLECTOR - COUNTY COLLECTOR ROADWAYS OUTSIDE CITY SUPPORT DOCUMENT # 8 COMPREHENSIVE PLAN AMENDMENT 01-2 PROPOSED STREET CLASSIFICATION, RESPONSIBLE AGENCY AND ULTIMATE RIGHT-OF-WAY TABLE (TRANSPORTATION ELEMENT- TABLE T-l) SUPPORT DOCUMENT # 9 COMPREHENSIVE PLAN AMENDMENT 01-2 EXISTING (1995) ANNUAL AVERAGE DAILY TRAFFIC CONDITIONS MAP (TRANSPORTATION ELEMENT - MAP-15) I I SW 2~ A~£ 27-q95-C NTS COCONUT LN I I CITY LIMITS J 22070-C 12069-D 20018-F LAKE IOA RD I 3]551-D 26686-C TRI-RAIL/ AMTRAK 23815-C 4024-C 11275-0 5662 NE 8 ST 1 ST ATLANTIC OCEAN APRIL 2001 LOWSON BLVD 31870-E 50218-0 5205"-C 40755-D LINTON BLVD 6879'**-C 6851'**-C 14141-C 12328-0 29256-D CITY LIMITS SOURCE WEST PALM BEACH URBAN STUDY AREA TRAFFIC COUNT PROGRAM NOTE COUNTY STANDARDS SHOWN ON ALL ROADWAYS STATE STANDARD IS PEAK HOUR DIRECTIONAL DAILY TRAFFIC DATA IS SHOWN FOR INFORMATION PURPOSES ONLY ON STATE ROADS EXISTIN5 [I 995] ANNUAL AVERASE DALLY TRAFFIC CONDITIONS LEGEND: MAP # ! 5 14141-C - DAILY TRAF'FqC AND LOS ON COUNTY ac CITY ROADS (P) - PEAK SEASON COUNT *~' AVERAGE OF COUNTS NORTH J~ZT, z-O - ONLY TRAFFIC ANO LOS * SOURCE CITY OF DEL.RAY BEACH AND SOUTH ON STATE ROADS 1996 PEAK SEASON COUNT '** SOURCE CONSULTANT REPORT SUPPORT DOCUMENT # 10 COMPREHENSIVE PLAN AMENDMENT 01-2 EXISTING PEAK SEASON PM PEAK HOUR, PEAK DIRECTION, TRAFFIC CONDITIONS MAP ('rRANSPORTATION ELEMENT - MAP-16) 1700- B 6351.'*-F 1232-B N.T.S COCONUT LN 673-C 1833-9 CITY LIMITS 1406-9 io19-r 1659- 1641-D 529- TRI-RAIL/ AMTRAK 1577-1 NE 8 Sl 19-C 378'-0 1 ST - GULFSTREAM 401-B 401-B 455-0 1 ST ATLANTIC OCEAN LOWSON BLVD 1727-C 1439-B 1406-D 22t°-8 1817-B 816-B LINTON BLVD 1596-B 356"*-B ,2168-B 1517-C 599-B CITY LIMITS 1279-B 7402***-E APRIL 2001 SOURCE' WEST PALM BEACH URBAN STUDY AREA TRAFFIC COUNT PROGRAM EXISTINI~ II 995) PEAK 5EA50N PA4 PEAK HOUR PEAK DIREETION TRAFFI£ CONDITION5 LEGEND: MAP #16 1517-C - PEAK SEASON PM PEAK ' SOURCE CiTY OF DELRAY EJEACH '" DETERMINED BY USING DEFAULT HOUR PEAK 0iRECTION 1996 PEAK SEASON COUNT K AND D FACTORS FROM F'DOT TRAFFIC AND LOS *' AVERAGE OF COUNTS NORTH AND SOUTH LOS MANUAL SUPPORT DOCUMENT # 11 COMPREHENSIVE PLAN AMENDMENT 01-2 PROPOSED EXISTING (2000) ANNUAL AVERAGE DAILY TRAFFIC CONDITIONS MAP (TRANSPORTATION ELEMENT - MAP-15) 30098-C SW 25 AVE N.T.S COCONUT LN CITY LIMITS t4216-O LAKE IDA RD 27394-C 21748-F 8395'*-C 14740-D 8258-C - GULFSTREAM 6322'*-C 6861-C NE 8 ST 8~.r4- C I I 10786-C I 58184-0 31847-C 2157'*-C L OV~-~ BLVD TRI-RAIL/ AMTRAK 25918-C IGD~9-~c 58246-E 31882-D UNTON BLVD 4841 *-C $8960-D 5587'-C 2814'*-C 36345-D ~52374-F 1 ST 11109-D 1 ST 12116-D ATLANTIC OCEAN CITY LIMITS 18928-C 2GG$?-O SOURCE WEST PALM BEACH URBAN STUDY AREA TRAFFIC COUNT PROGRAM NOTE COUNTY STANDARDS SHOWN ON ALL ROADWAYS STATE STANDARD IS PEAK HOUR DIRECTIONAL DAILY TRAFFIC DATA tS SHOWN FOR INFORMATION PURPOSES ONLY ON STATE ROADS PLANNING & ZONING DEPARTMENT JULY 2001 -- LTt~ ~ ~4~ S~'5~/Z'M -- EXI5TIN{; (2000) ANNUAL AVERAgiE DAILY TRAFFIC £ONDITION5 LEGEND: MAP #15 14141-C - DALLY TRAFFIC AND LOS ON COUNTY & CiTY ROADS (0) - OFF PEAK SEASON COUNT ** SOURCE Clef OF DEl_RAY BEACH ~rO/']7-D- DALLY TRAFFIC AND LOS * SOURCE Crl~ OF DELRAY BEACH 2000 MID SEASON COUNT ON STATE ROADS 2000 PEAK SEASON COUNT SUPPORT DOCUMENT # 12 COMPREHENSIVE PLAN AMENDMENT 01-2 PROPOSED PEAK SEASON PM PEAK HOUR, PEAK DIRECTION, TRAFFIC CONDITIONS MAP (TRANSPORTATION ELEMENT- MAP-16) S09 ahr~ J.N~O0 NOS~r~S )4V-Jd 000[ NOIJ.:)]~Jl0 )tV]d ~J~ON LNnO3 ~ )lV'Jd 000~ OdJq 33~INOS *. HgV"J8 ,kv~r130 JO ,M. ID 30Nr~OS , )4V-~d Rd NOSV3S )f~Jd - 9 J# dVW ,I~N393-1 SNOIIlCINO3 31driVel1 NOIIJ;IHIO )lV~d HnOH )lVgd Wd NOSV~$ )IV;Id (O00E) gNII$1X;1 ~gO~d ±NflO3 glJJ¥~L V3~ ×O~S NvBan H3¥38 ~qYd £S3M 3gSflOS IN3~l~3a ON~NOZ ~ ONINN~d 8-969 a-66;~ OAgg NOLNI9 OAgB NOS~09 NV,'4OO OI£NVg£V SiN ~S t -Bg9 ~S L LS g 3N IAgB Jq¥3~Jls.~rl~"J - B-;lOt O-g/.L t $;I~117 /.119 N9 /t~NOOOO 3^V ['E MS B-.*gBzE SUPPORT DOCUMENT # 13 COMPREHENSIVE PLAN AMENDMENT 01-2 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 (CAPITAL IMPROVEMENT ELEMENT TABLE CI-CIP) TABLE Cl-ClP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND i,FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-031 FY 2003-04 RECREATION IMPACT FEE FUND Southwest Park 550,000 0 0 0 0 Sandoway Park Rest Rooms 90,000 0 0 0 0 Rollerblade Park 10,000 0 380,000 0 0 TOTALS $650,000 $0 $380,000 $0 $0 BEACH RESTORATION FUND 'Turtle Monitoring 13,450 24,000 14,800 14,800, 14,800' Engineering 73,000 54,500 0 01 0 Environmental (Construction) 210,000 200,000 52,000 0 0 Sand Pumping 18,0000 5,500,000 00 0 Bidding/Negotiation 0 0 0 0 Dune Revegetation i ' 0 60,000 0 0 0 ' Construction Loan i 0 300,000 35,0000 0i 0 Surveys (Yearty) I 35,000 42,000 36,500 37,500 TOTALS i $349,4501 $6,180,500 $101,800 $51,300 '$52,300 WATER I SEWER - NEW CAPITAL OUTLAY NW 18th/Don Francisco Way 0 852,000 0 0 0 0 0 1,355,000j 0 0 NW 24th Improvements GIS Mapping f 150,000 0 0 0 0 TOTALS $150,000 $852,000 $1,355,000 $01 $0 WATER I SEWER FUND CONNECTION FEES i Davis/Lone Pine Road I 94,000i 627,000 0 0I 0 SE 7th Ave. Water Main i 553,000 ! 0 01 0i 0 Sewer - Venetian Drive I 392,000 0 0 0i 0 Hospital AgreementI 45,000 45,000 45,000 45,000 ~: 45,000 TOTALS I $1,084,000i $672,000 $45,000/ $45,000I $45,000 MUNICIPAL GOLF COURSE FUND '~ Mach & Equipment i 73,0001 85,000t 90,000; 90,000 Traffic Calming Highland Avenue I 53,000 75,0000 ' 0! 0i 0 Irrigation System I 0 01 01 0 Cart Paths i 100,0001 01 0 01 0 TOTALS ~ $226,0D0'~ $160,000 !' $8510001 $90,000 ~, $90,000 LAKEV1EW GOLF COURSE FUND I Other Machine & Equipment : 20,0001 20,0001 2~i000 25,000~ 25,000 TOT,~I.S' '~ $20,000 I $20,000 $25,000 t $25,000 I $25,000 C1-28 TABLE CI-ClP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 1999-00 FY 2000-01 FY 2001-02 I FY 2002-031 FY 2003-04 GENERAL CONSTRUCTION FUND Tennis Center Improvements 236,000 50,000~ 25,000 36,000 100,000 Seacrest Improvements 791,000 0' 0 0= 0 Boy Scout Hut Improvements 0 0 0 200,00°O 400,000 Street Reconstruction 100,000 100,000 200,000 200,000 Sidewalks / Swales / Bike 25,000 25,000 50,000 75,000 75,000 Downtown Parking Lots 50,000 0 100,000 80,000 } 0 P&R Maintenance Compound 220,000 0 0 _ 0 0 Garage Addition 0 175,000 0 0 0 Cemetery Maintenance Building 0 0 115,000 0 0 R&R Buildings 150,000 126,000 150,000 150,000 I 150,000 R&R Computer Equipment ! 85,000 100,000 100.~000 100,000! 100,000 R&R. Software / Licenses 14,900 161,000 14,900 161,000 14,900 Swinton Avenue, Phase II Beautification 314,000 0 0 0 0 Medians 0 30,000 325,000 0 ~ 0 Pompey Park Ballfield 300,000 0 0 0 I 0 Pa~s/Parking Lots .... 0 0 841000 0 0 Cemetery Improvements 0 0 110,000 0 0 Hurricane Improvements 0 0 0 300,000 0 Document Storage / Imaging 89,000 0 79,700 0 0 Publi'c Works Emergency G~nerator 0 0 0 0 250,000 R&R Bridges 1..5,000 0 15,000 0 0 Mobile Stage 0 0 110,000 0 0 Fire Clinic Relocation 0 0 0 0 50,000 Traffic Preemption 0 0 0 56,000 24,000 NE 4th Street/NE 3rd Roadway 1 459,390 0 0 0 0 Roundabouts ! 0 243,000 0 0 0 . ~ 0 0 50,000 0 0 TraffiC calming - SE 7th Avenue ISTEA Sidewalks j 0 0 46,200 0 0 Traffic Calming - NW 22nd Avenue[ 0 0 0 0 57,000 Old School Square - Misc. Building J 0 600,000 0 0 i 0 street Furniture - Atlantic Avenue 30,000 0 16,000 0 I 0 Linton Boulevard & Federal Highway 2,000 25,000 0 0 j 0 Linton Boulevard 0 25,000 250,000 0 0 NE 2nd Avenue Corridor 1,500,000 169,000 0 0 0 Atlantic Dunes 0 0 0 7,500, 75,000 Swinton Avenue (Phase Il) 0 0 0 172,000 0 Pompey Park Playground~ 61,200 0 t 0 0 , 0 Sarah Gleason Park t 20,000 200,000 0 0 0 Miller Park ~ 0 68,500,, 69,500 0 0 Lake Ida Park ~ 0 0 20,000 198,000 I 102,000 Intracoastal Park t 0 i 0 25,000 250,000I 0 Curde Commons - Lights I 0 0 0 85,000 ! 0 Catherine Strong Center I 0 0 0 0 I 30,000 Delray Full Service Center 0 0 0 0 I 10,000 Computerized Irragation System 0! 25,000 , 25,000{ 0! 25,000 Phone System Replacement 0I 36,000 01 01 0 Cl -29 TABLE Cl-ClP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY t999-00 FY 2000-01 FY 2001-02 1 FY 2002-O31 FY 2003-04 GENERAL CONSTRUCTION FUND Know;les Park 90,000 0 0 0 0 Police - AS400 Upgrade 0 0 100,000 0 1,00,000 Garage Hurricane Shutter Door 90,000 0 0 0 0 Lifeguard Towers 0 54,000 54,000 54,000 .54,000 TOTALS $4,642,490 $2,212,500 $2,134,300 $1,924,500 $1,816,900 WATER/SEWER RENEWAL & REPLACEMENT Equipment Replacement Program 13,000 ...12,000 0 35,000 80,000 Lift Station Rehabilitation 200,000 200,000 200,000 200,000 200,000 Sewer Main Rehabilitation 750,000 750,000 750,000 750,000 750,000 Southeast Interceptor 100,000 0 0 0 0 Linton-Line Relocation 223,500 0 00 0 Watermain NE 2nd Avenue 120,000 0 0 100,000'0 0 Sanitary MH Rehab 10.0,000 100,000 100,000 100,000 Watermain 1st Avenue 0 144,000 349,000 0 0 Watarmain NW 24th Avenue 0 188,000 00 0 Raw Water' Well Rehab 75,000 75,000 75,000 75,000 ...75, .000 Roundabouts 0 35,000 0 0 0 Water & Sewer- SunkegReigle/Mango 0 172,000 0 0 0 Water & Sewer- Lindell Boulev,a. rd 0 81,000 0 0 0 Water & Sewer - Canal Street 0 61,000 0 0 0 Lift Station 50 Booster Conversion 0 50,000 450,000 0 0 Water/Sewer Southridge Road Area 0 0 0 90,000 0 SW Area Improvements 0 0 517'000 13,0000 0 Waterma~n NW 1st Avenue 0 0 0 1 0 Waterrnain NE 8th Avenue 0 0 0 487,0001 ._ , 0 Watermain NW 9th Avenue 0 0 0 .358,000! 0 Watermain NW 13th Ave & NW 14th Ave 0 0 0 0i 364,000 Watermain SW 13th Ave & SW 15th Ave 0 0 0 01 591,000 Water/Sanitary - Brooks/Rhodes/White 0 0 " 0 0 205,000 Water Distribution Improvements 85,000 0~ 0 0t 0 Watermain SW 8th Court 72,500 0 0 0[ 0 T(~TALS $1,7~,000 I $1,868,000 $2,441,000 I$2,208,000J$2,365,000 C1-30 TABLE CI-ClP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND I FY 1999-001 FY 2000-01 FY 2001-02 I FY 2002-031 FY 2003-04 CITY MARINA FUND Riverwalk 30,000 200,000 0 01 0 Concrete Cap 30,000 0 0 0t 0 Marina Renovation 280,000 0 0 0i 0 TOTALS $340,000 $200,000 $0 $0 $0 STORMWATER UT/UTY FUND S.W. 8th Court 130,000 0 . 0 N.W. 24th Avenue 0 0 150,000' 0 0 N.W. 18th Avenue 0 210,000 0 0~ 0 N.W. 1st Street I 0 0 615,000 0i 0 East George Bush Boulevard !0 40,000 35,000 0. 0 South Ridge Road I 01 0 77,000 420,0001 0 Seacrest/Del IdaI 134,000 0 0 0 0 Royal Palm Boulevard r 151,000 0 0 0~ 0 Pond Retention SW 4th Avenue 0 86,000 01 0 0 Seacrest Park 158,250 286,750 0 0 0 Andrews Avenue Pipe Lining 0 110,000 0 0 0 Swale Reconstruction ! 60,000 54,250 60,000 60,000 60,000 Alley NE 7th Avenue & NE 8th Avenue ! 35,000 00 0 0 Albatross Road I 0 0 226,000 159,000 0 RoundaboutsI 0 50,000 00 0 Storm Water Master Plan ! 60,000 0 0 01 0 NW 9th Ave/SW 14th Ave/SW7th Ave I 0 0i 0 280,0001 0 NW 13th & 14th Averlue I Oi OI Oi OI 990,000 SW 13th Ave & SW 15th Ave [ 01 0~ 0il 01 375,000 NE 4th Street I 50,000 0 0 01 0 Island Drive 105,000 0 0 01 0 GIS Mapping 65,000 0 0 0 0 NE 2nd Avenue I 94,000 109,000 0, 0i 0 Canal Street 1 0 64,000 0 0! 0 SW Area Improvements !0 0 0[ 0[ 185,000 SunsegReigle/Mango I 0t 0 110,000'. 01 0 TOTALS i$1,227,250 $1,010,000 $1,273,000 $919,000 i $840,000 VEHICLE RENEWAL & REPLACEMENT Vehicle Replacement ; 988,330 1,060,000i 1,100,000 1,100,000, 1,200,000 Vehicle Restoration II 84,000 ! 85,000 85,000 . 85,000 Ii 85,000 TOTALS I $1,072,330$1,145,000 I $1,185,000 151,185,000 ;$1,285,000 Cl -31 SUPPORT DOCUMENT # 14 COMPREHENSIVE PLAN AMENDMENT 01-2 PROPOSED FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 (CAPITAL IMPROVEMENT ELEMENT TABLE CI-CIP) TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS · $25,000 RECREATION IMPACT I~EE Rollerblade Park 30,000 350,000 0 0 0 Lavers International Resort Pool 130,100 0 0 0 0 TOTALS $ 160,100.00 $ 350,000.00 $ BEACH RESTORATION Environmental 210,000 200,000 52,000 0 0 Surveys 37,440 42,000 35,000 36,500 37,500 Engineering 73,000 54,500 0 0 0 Fill Placement 0 5,500,000 0 0 0 Repayment Construction Loan 0 300,000 0 0 0 Sea Turtles 13,450 13,450 13,450 13,450 14,800 Dune Revegetation 50,000 0 0 0 0 Project Reserve 21,020 22,300 22,300 22,300 22,300 431,51 Of 6,140,850 131,350 80,850 83,200 TOTALS $ 836,420.00 $ 12,273,100.00 $ 254,100.00 $ 153,100.00 $ 157,800.00 WATER I SEWER - NEW CAPITAL OUTLAY Other Machinery & Equipment 35,000 0 0 0 0 W. Atlantic Avenue 168,000~ 0 0 0 0 IdcNab Avenue 0! 75,000 0 0 0 TOTALS $ 203,800.00 $ 75,000.00 $ - )$ $ - WATER I SEWER CONNECTION FEES Davis/Lone Pine Roads 288,000 0 0 0 0 SE 7th Avenue Water Main 628,000 0 0 0 0 Hospital Agreement 45,000 45,000 45,000i 45,000 45,000 TOTALS $ 961,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 MUNICIPAL GOLF COURSE Cart Paths 4,000 100,000i 0 0 0 Other Machinery & Equipment 60,000 67,500', 75,000 82,500 90,000 New Greens 0 0 0 0 500,000 Irflga~on System Imlxovements 00 0 0 250,000 TOTALS $ 64,000.00 $ t67,500.00 $ 75,000.00 $ 82,500.00 $ 840,000.00 6 LAKEVIEW GOLF COURSE FUND Buildings 55,000 0 0 0 0 Other Machinery & Equipment 21,500 25,000 25,000 25,000 25,000 TOTALS I $ 76,500.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 'GENERAL CONSTRUCTION ) - Street Reconstruction 0 100,000 100,000 200,000 250,000 Sidewalks/Swales 0 25,000 50,000 50,000 74,700 Traffic Calming - SE 7th Avenue 40,000 0 0 0 0 Traffic Calming 0 100,000 100,000 100,000 100,000 Bddge Repair & Maintenance 0 20,000 0 25,000 0 Roundabouts 380,000 0 0 0 0 Downtown Parking Lots 0 100,000 110,000 0 0 TEA2 Sidewalks 0 46,200 0 0 0 Building Construction~ehab Delray Youth Teen Council Building 222,000 0 0 0 0 Men'iff Park Restrooms/Storage Building 64.390 I 0 0 0 0 Old School Square Misc. Building __. 719,000 0 0 0 0 Vehicle Maintenance Facility Expansion 0 175,000 0 0 0 Miller Park Storage Building 0 0 175,000 0 0 Cemetery Maintenance Building 0 0 0 120,000 0 Beautlfloation Street Fumitura/Aflantic Avenue 0 30,000 0 0 0 NE 2nd Avenue Corridor 169,000 0 0 0 0 Military Trail Medians 0 0 0 35,000 225,000 CI - 28 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 T Parks & Recreation Facilities Maint. Tennis Center 62,500 61,000; 0 0 0 Pompey Park Refurbishing 200,000 50,000 i 0 0 0 Sarah Gleason Park 244,000 0 i 0 0 0 Miller Park/Other 0 60,000 60,000 90,000 0 Parks Parking Lots 0 35,000 52,000 30,000 0 Currie Commons Lights 0 95,000 0 0 0 Lake Ida Park 0 0 25,000 300,000 0 Intracoastal Park 0 70,000 260,000 0 0 Oakmont Park 0 80,000 0 0 0 Atlantic Dunes Park 0 10,000 80,000 0 0 Pompey Park Bleachers 0 0 55,000 0 0 Parks Playground Equip. Reptacement 0 0 90,000 60,000 0 Catherine Strong Center 0 0 30,000 300,000 300,000 Bldg & Equip. Renewal/Replacement Building Maintenance 265,000 235,000 190,000 150,000 150,000 Human Resources Remodeling 0 70,000 0 0 0 Unton Blvd Bridge Tender's House 0 0 0 i 0 132,000 0 0 R&R-Buildings 0 25,000 0 1 R&R-Computer Equipment 120,000 ' ____ 150,000 150,000 t 150,000 150,000 Software Ucense/Upgrade 119,000 i 14,900 119,000 i 14,900 119,000 Document Storage/Imaging 89,0001 79,700 0 ! 0 0 Computerized Irrigation System 25,000 25,000 25,000 i 25,000 0 Phone System Replacement 45,000 0 0 0 0 Fire-SCBA Upgrade 0 36,700 36,700 36,700 0 Police-AS400 Upgrade 0 100,000 0 ~ 100,000 0 Police-Replace Laptop Computers 0 0 150,000 I 150,000 150,000 Traffic Preemption Equipment 0 0 56,000 ! 24,000 0 Police Hunicane Shulters 0 0 0 [ 0 , 325,000 Oth~ Miacellaneous Pavilion Roofs 75,000 0 0: 0 0 Lifeguard Towers 30,000 60,000 60,000 i 60,000 60,000 Needs Assessment & Master Plan 85,000 0 0 i 0 ~ 0 Decorative SIgnage 25,000 0 0 0 0 Security Camera System 0 37,500 0 0 0 Mobile Data Terminals 0 29,000 0 0 0 Mobile Command Post 0 0 0 0 145,000 Neigh~ Enhancement 250,000 250,000 250,000 250,000 250,000 TOTALS $ 3,248,890.00 $ 2,170,000.00 $ 2,223,700.00 $ 2,270,600.00 $ 2,430,700.00 WATER/SEWER RENEWAL & REPLACEMEN'I' Well Rehabilitation- Replace & Upgrade 80,000 0 0 0 0 Lift Station Rehabilitation 200,000 200,0001 200,000 200,000 200,000 Water Line Upgrade 275,000 275,000: 275,000 275,000 275,000 Sewer Main Rehabilitation 185,000 1,000,0001 1,000,000 750,000 750,000 Raw Water Well Rehab 75,000 75,0001 75,000 75,000 75,000 Software 121,000 0!, 121,000 0 121,000 Linton Blvd Watermain Relocation 266,000 01 0 0 0 Lake Ida Utility Relocation 300,000 0 0 0 0 Roundabouts 35,00000 0 0 0 Watermain Southeast - Southwest Area 386,250 , 0 0 0 Watermain Northeast - Northwest Ama 460,600 0 0 0 0 Watermain Barrier IsJand 296,000 0 0 0 0 Watermain Island Drive/Harbor Dr #~:)-{XI6 117,000 0 0 0 0 Water/Sewer Canal Slmet 0 61,0001 0 0 0 WTP Control Room Modemizafion 0 75,000i 0 0 0 WTP Control Panel Replacement 0 35,000i 0 01 0 Watermain Southeast Area 0 0~ 518,50001 0 Watermain Northeast Area 0 ~1374,000 01 0 Lift Station 50 Booster Conversion 0 500,000 0i 0 Watermain Southwest Area 0 0~ 793,0001 0 Watermain Southwest Area 2 00 467,5001 0 CI - 29 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 Watermain Southwest Area 3 0 0 0 0 646,000 Watermain NW 13th & 14th Avenues 0 0 0 0 364,000 Water/Sanitary-Brooks/Rhodes/White 0 0 0 0 205,000 Douglas Road/Zedar Road 0 0 0 0 25,000 Project Reserve IOI 500,000 393,650 314,500 239,000 TOTALS'~$ 2,796,850.0Or$ 2,221,000.00 $ 3,457,150.00 $ 2,875,000.00 $ 2,900,000.00 CITY MARINA Rlverwalk 0 0 200,000 0 0 Madna Renovation 152,000 0 0 0 0 TOTALS $ 182,000.00 $ $ 200,000.00 $ $ STORMWATER UTILITY Other Equipment 40,000 40,000 40,000 40,000 40,000 NE 4th Street 0 0 0 55,000 0 Swale Reconstm~on 0, 0 0 60,000 60,000 NE 2nd Avenue 109,000 0 0 0 0 Roundabouts 50,000 0 0 0 0 NW 18th Avenue/Marty Fladell 0 0 260,000 0 0 Barrier Island 95,000 0 0 0 0 Soulhwest Area improvements 0~ 0 0 475,000 0 Southeast-Southwest Area 133,000 0 0 0 0 Northeast-Northwest Area 264,500 0 0 0 0 SE 7th Avenue 65,000 0 0 0 0 Tropic Isles CB R&R 100,000 100,000 t00,000 100,000 100,000 Southwest Area 2 0 0 0 275,000 0 Douglas Road/Zedar Road 0 0 0 0 330,000 Southwest Area 3 0 0 0 0 505,000 NW 13th & 14th Avenues 0 0 0 0 220,000 Debt. Service '~ 272,837' 968,396 741,977 0 0 TOTALS $ 1,119,337.00 $ t,108,396.00 $ 1,t41,977.00 $ 1,005,000.00 $ 1,255,000.00 CENTRAL GARAGE Vehicle Replacement 902,810i 600,000 1,148,000 1,140,400 911,400 Vehicle Restoration 86,000 86,000 86,000 86,000 86,000 Fire-Truck Replacement 0 600,000 0 0 388,600 Fire-ALS Rescue Replacement 131,250 0 152,000 1,596,000 0 2000 ROADWAY BOND TOTALS $ 217,250.00 $ 686,000.00 $ 238,000.00 $ 2,822,400.00 $ t,386,000.00 Island Drive Bridge Repair 50 000 0 0 0 0 Transfer to General Fund 150,000 0 0 0 0 TOTALS $ 200,000.00 COMMUNITY DEVELOPMENT Infrastructure Design & Development 50,000 0 0 0 0 Bikepaths/Sidewalks 50,000 0 0 0 0 Boys/Girls Club Improvements 40,000 0 0 0 0 Land Acquisition 22,500 0 0 0 0 TOTALS $ 162,500.00 $ $ $ $ BEAUTIFICATION TRUST Unton Blvd & S. Federal Hwy 27,000 0 0 0 0 Llnton Blvd 35,000 0 350,000 0 0 Lake Ida Road 0 415,000 0 0 0 Swtnton Avenue Phase I! 15,000 180,000 0 0 0 Project Reserve 107,010 0 0 0 0 TOTALS $ 184,0t0.00 $ 595,000.00 $ 350,000.00 $ $ Cl - 30 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM /0 -~. REGULAR MEETING OF FEBRI, IARY S. 2002 ORDINANCE NO. 3-02. {I~ORRECTIVE REZQNING A PARCEL OF ~ LOCATED ON THE EAST SIDE OF BRON$ON AVENI. JE APPROXIMATELY 100' SOUTH OF EAST ATLANTIC AVENUE) FEBRUARY 1, 2002 This is second reading and a quasi-judicial heating for Ordinance No. 3-02 which is a corrective rezoning of a parcel of land located on the east side of Bronson Avenue approximately 100' south of East Atlantic Avenue. The said property is the north half of Lot 7 Block 2, Ocean Park Subdivision and is part of a larger property containing a mixed-use development (office, retail shops, a restaurant and a second floor apaxi~ent umt). The action requested is corrective as the current zoning district boundary line bisects the southernmost building "on the site. The north 94 feet of the property is zoned CBD (Central Business District) while the south 16.65 feet is zoned RM (Multiple Family Residential-Medium Density). A Future Land Use Map amendment is being processed separately with Comprehensive Plan Amendment 2001-02 to change the FLUM designation from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core). At fix~t reading on January 8~, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 3-02 on second and final reading. RefiAgmemo21.Ord.3-02 Rez~ Bmnsofl Aveaue.02.05.02 TO: THRU: FROM: SUBJECT: ~ '¥ :~:CiTY CoMMIS$1ONDOcuMENTATION ~ '"~'~ DAVID/~. HARDEN, CITY MANAGER PAUL DORLING, DIREQTQR OF PLANNING AND ZONING ASMIN ALLEN, PLANNER / MEETING OF JANUARY 8, 2002 CORRECTIVE REZONING FROM RM (MULTIPLE FAMILY RESIDENTIAL- MEDIUM DENSITY) TO CBD (CENTRAL BUSINESS DISTRICT) FOR A PARCEL OF LAND LOCATED ON THE EAST SIDE OF BRONSON AVENUE APPROXIMATELY 100' SOUTH OF EAST ATLANTIC AVENUE The subject property is the north half of Lot 7 Block 2, Ocean Park Subdivision and is part of a larger property containing a mixed-use development (office, retail shops, a restaurant and a second floor apartment unit). The action requested is corrective as the current zoning district boundary line bisects the southernmost building on the site. The noah 94 feet of"the property is zoned CBD (Central Business District) while the south 16.65 feet is zoned RM (Multiple Family Residential-Medium Density). A Future Land Use Map amendment is being processed separately with Comprehensive Plan Amendment 2001-02 to change the FLUM designation from MD (Medium Density Residential 5-12 Au/ac) to CC (Commercial Core). Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. ["',,, , ~' .... ~PLANNING AND ZONING BOARD, , C0NSIDERATION, , ,, At its meeting of August 20, 2001, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony regarding the proposal. 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 Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous zoning district was established in error. By motion, approve on first reading the ordinance rezoning from RM (Multiple Family Residential - Medium Density) District to CBD (Central Business District), based upon the findings and recommendation by the Planning and Zoning Board and set a public hearing date of February 5, 2002. Attachments: P & Z Staff Report of August 20, 2001 ORDINANCE NO. 3-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) TO CBD (CENTRAL BUSINESS DISTRICT); SAID LAND BEING A PARCEL LOCATED ON THE EAST S1DE OF BRONSON AVENUE APPROXIMATELY 100' SOUTH OF EAST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; 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 RM (Multiple Family Residential - Medium Density); and WHEREAS, at its meeting of August 20, 2001, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted unanimously to recommend approval 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, dated July, 2001, be amended to reflect the revised zoning classification of CBD (Central Business District). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the legal description of the subject property is as follows: North 1/2 of Lot 7 (less the East 10 feet), Block 2, Ocean Park, recorded in Plat Book 5, Page 15, of the Public Records of Palm Beach County, Florida Section 2. That the Zoning District Map of the City of Delray Beach, Florida, dated July, 2001, is hereby changed from RM (Mukiple Family Residential - Medium Density) to CBD (Central Business District). Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, dated July, 2001, to conform with the provisions of Section 2 hereof. Section ~t. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective upon Comprehensive Plan Amendment 2001432 becoming effective. 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 OKI3 NO. 3-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: August 20, 2001 IV.B.2. Corrective Future Land Use Map Amendment from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Medium Density) to CBD (Central Business District) for a Parcel of Land Located on the East Side of Bronson Avenue Approximately 100' South of East Atlantic Avenue. Owner .................................. C. Rinaldi Applicant/Agent .................... City of Delray Beach Location ............................... East side of Bronson, 100' S. of Atlantic Avenue. Property Size ....................... 0.003 acres Futur~ Land Use Map .......... Medium Density (5-12 units/acre) Current Zoning ..................... RM (Multiple Family Residential - Medium Density) Proposed FLUM ................... Proposed Zoning ............... Adjacent Zoning .... North' East: South: West. Existing Land Use ................ CC (Commercial Core), CBD (Central Business District) CBD (Central Business District) RM CF (Community Facilities) CF Mixed use development, containing retail, offices, restaurants, and residential. Same as existing Proposed Land Use ............. Water Service ..................... Existing on Site. Sewer Service ...................... Existing on Site. BY THE SEA GROSVENOR HOUSE MANOR HOUSE C~DO FIRE IV.B.2. The action before the Board is making a recommendation to the City Commission on a City initiated corrective Future Land Use Map (FLUM) amendment from MD (Medium Density Residential 5-12 dulac) to CC (Commercial Core) and rezoning from RM (Medium Density Residential) to CBD (Central Business District) for a portion of the Rinaldi property. The subject property is located on the east side of Bronson Avenue approximately 100 feet south of Atlantic Avenue and contains 0.03 acres. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map and rezoning of land. The subject property is the north half of Lot 7 Block 2, Ocean Park Subdivision and is part of a larger property containing a mixed-use development (office, retail shops, a restaurant and an apartment unit). The site was originally built in the 1950's as an apartment complex containing four apartment buildings. On July 17, 1978, building permits were issued to allow the conversion of the apartments to retail shops which included installation of an open courtyard area. In 1979, the second floor of the building located at the southwest corner of the site was converted back to a residential unit for the property owner. In researching the history of the Future Land Use Map designation and zoning of the property City records revealed that prior to 1977 the entire site was zoned LC (Limited Commercial). The Future Land Use Map designation for the property differed in that the north 94 feet of the 110.65' deep property was designated Commercial, while the south 16.65 feet was designated Medium Density Residential. On November 22, 1977, as a part of a City-wide rezoning, the City Commission changed the zoning for the south 16.65 feet (subject property) from LC (Limited Commercial)to RM-15 (Multiple Family Residential). W'rth the adoption of the City's Comprehensive Plan and Future Land Use Map in November 1989, the FLUM on the north 94 feet of the property was changed to CC (Commercial Core), while the south 16.65 feet of the site was changed to MD (Medium Density Residential 5-12 du/ac). Subsequently the property was rezoned from LC to CBD and RM-15 to RM respectively with the adoption of the Land Development Regulations and citywide rezoning in October 1990. During the preparation of the rezoning request for the First Presbyterian Church, it was identified that the existing mixed-use development was located within two zoning and FLUM districts and that the district boundary line bisected the southernmost building. As the zoning change from commercial to residential was P & Z Board Staff Report Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD Page 2 established by ordinance, a formal zoning and correspondent FLUM amendment is therefore being processed to correct this error. Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The current RM zoning and Medium Density Future Land Use Map designation do not allow the existing mixed-use development. This portion of the site is part of an overall parcel and as such should have similar commercial designations. The Future Land Use Map amendment and rezoning is being sought to eliminate an existing inconsistency between the subject parcel and the remainder of the site. REQUIRED FINDINGS: Future Land Use :Element Policy A.t.7: Amendments to the Future Land Use Map must be based upon the following 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, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The current FLUM designation of MD on the south portion of the property (16.65') is inappropriate as the Medium Density Residential designation is inconsistent with the existing uses on the property. This corrective amendment will apply a Future Land Use Map designation of Commercial Core on the entire property reflecting the existing uses which have continued since 1978. Thus, the amendment will eliminate an inconsistency and correct a mapping error. Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed FLUM amendment to CC is corrective in nature and eliminates the confusion of having dual land use map designations on one mixed-use site. P & Z Board Staff Report Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD Page 3 Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed rezoning and FLUM change are corrective, in nature and no new development or redevelopment is proposed with the request. Thus the request will have no impact with respect to Concurrency. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The requested designation of Commercial Core will be consistent with adjacent land use designation to the north, and will accommodate the existing uses. Since no development changes are proposed and the current uses have existed on the site since 1978, no compatibility concerns are noted with the multi-family and church uses to the east, west and south. Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The subject property is developed and no additional improvements are proposed with this request. A review of the applicable Comprehensive Plan Policies was undertaken and the following applicable policy was identified. Policy C-3.2 Coastal Management Element 'There shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system" The proposed FLUM amendment will not change the intensity of land uses as there are no changes proposed in the current uses on the site. 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. P & Z Board Staff Report Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD Page 4 Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D)(5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Section 3.2.2 (Standards for RezoninR Actions): Standard A, B, and E are not applicable with respect to this rezoning request. 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 developments or zoning currently exists along an arterial street, consideration should be given to irmreasing the depth of the commercial zoning in order to provide for better project design. The existing site currently is developed as a 110' deep strip commercial development along the south side of Atlantic Avenue. While the proposed change will increase the depth of the commercial zoning, it will accommodate the existing depth of the commercial development. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to property mitigate adverse impacts from the new use. The property is surrounded by the following zoning districts: to the north is zoned CBD (Central Business District); to the east is zoned RM (Medium Density Residential) and to the south and west is CF (Community Facilities). The existing land uses are: retail/restaurants to the north; multi-family residences to the east and First Presbyterian Church campus to the south and west. The zoning action is corrective, and will result in the application of an appropriate zoning classification which is consistent with the zoning designation of the balance of the property, and the associated land use. This use has been at this location since 1978 and no new development is proposed. Based upon the above, positive findings can be made with respect to the applicable performance standards. P & Z Board Staff Report Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD Page 5 Section 2.4.5(D)(5) (Rezonin; Findinas): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, 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; bw That there has been a change in circumstances which make the current zoning inappropriate; 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 reason for the rezoning is "a". The zoning change in 1977 was established in error as the change in the zoning district from LC to RM-15 bisected an existing development which operated as one business entity. This corrective rezoning will result in the assign!ng of an appropriate classification for the existing use as well as achieve consistency with respect to zoning designation for the entire parcel. The development proposal is not located within the review by the DDA (Downtown Development Preservation Board. geographical area requiring Authority) or the Historic Community Redevelopment Aaency The Community Redevelopment Agency reviewed the request at its meeting of June 28, 2001, and recommended approval. .,.,Courtesy Notices: A special courtesy notice was provided to the Chamber of Commerce, PROD, the President's Council and the following homeowners associations: · Beach Property Homeowners Association · Via Marina Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. P & Z Board Staff Report Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD Page 6 The existing FLUM designation of MD (Medium density Residential 5-12du/ac) and zoning of RM (Medium Density Residential) is inappropriate for the property as the remainder of the property has a CC (Commercial Core) FLUM designation and is zoned CBD (Central Business District). The FLUM amendment and rezoning will correct a mapping error and result in FLUM and zoning consistency for the properties. The uses on the property have existed at this site for many years and will not be affected by the proposed changes. No new development or redevelopment is anticipated with this request. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Sections 3.1.1, 3.2.2, and 2.4.5(D) of the Land Development Regulations. A. Continue with direction. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC and rezoning from RM to CBD based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous FLUM designation and zoning district were established in error. Recommend to the City Commission denial of the corrective Future Land Use Map amendment from MD to CC and rezoning from RM to CBD, based upon 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 (A) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) and rezoning from RM (Medium Density Residential) to CBD (Central Business District) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous FLUM designation and zoning district were established in error. Attachments: Exhibit A, Future Land Use Map & Zoning Map GROVE CONDO STA. NO. 2 CC SPANISH RIVER RESORT ATLANTIC AVENUE DELRA Y BEACH MARRIOTT CC Area Subject to Modification -- 0 MIRAMAR STREET N 0'/3' ~ DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT FUTURE LAND USE MAP AMENDMENT FROM: MEDIUM DENSITY (5-12 UNITS/ACRE) TO: COMMERCIAl. CORE -- O/G/~'~l/. ~45'E 444P 5"YS/'~"M -- MAP REF. LM530 GROVE CONDO CF FIRE S TA. NO. 2 CBD SPANISH RIVER RESORT ATLANTIC CBD Area Subject to Modification -- AVENUE DELRA Y BEACH MARRIOTT 0 ~3 MIRAMAR STREET MIRAMAR STREET N CITY OF DELRAY BEACH. ~ PLANNING ~r ZONING DEPARTMENT REZONING FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO: CBD (CENTRAL BUSINESS DISTRICT) -- ~/G'//',aJ: ~a~£ ~ 5'YST'E'M -- UN= R[F: LM530 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGF~ AGENDA ITEM /0 ~ - REGULAR MEETING OF FEBRUARY 5. 2002 ORDINANCE NO. 1-02 (?,I.I.OW/NG EOUIPMENT RENTAL AND DISPLAY A~ A CONDITIONAL USE IN .THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT) FEBRUARY 1, 2002 This is second reading and a second public heuring for Ordinance No. 1-02 which mends LDR Section 4.4.11(B) which eliminates equipment rental as a prindpal use and 4.4.110D), to allow "Equipment Rental and Display" as a conditional use, in the Neighborhood Commercial (NC) Zoning District. Previously City Commission approved on second reading a text amendment to the NC zoning district regulations (LDR Section 4.4.11(B)(3), this amendment eliminated the restrictions on the types of business and professional office uses allowed, as well as prohibited outdoor storage of any kind, except as specifically permitted within the NC zoning district. There was discussion by the Commission on how the prohibition of outdoor storage would make the outside display function of the existing equipment rental facility (229 Seacrest Boulevard) non- conforming. As the amendment was privately initiated staff recommended that the ordinance be approved and that a further I.DR amendment be made at a later date to allow equipment rental and display as a conditional use. This ordinance addresses this action. At first reading and the first public hearing on January 8*, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 1-02 on second and final reading. Ref:Agmemo21,Ord. l-02 Equipment Remal & Display.02.05.02 TO: THRU: FROM: SUBJECT: R~;)~'RT'G. TEPFT,' PLANNER MEETING OF JANUARY 8, 2001 AMENDMENT TO LDR SECTIONS 4.4.11(B), TO ELIMINATE EQUIPMENT RENTAL AS A PRINCIPAL USE AND 4.4.11(D), TO ALLOW "EQUIPMENT RENTAL AND DISPLAY" AS A CONDITIONAL USE, IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT. At its meeting of August 7, 2001, the City Commission approved on second reading a text amendment to the NC zoning district regulations [LDR Section 4.4.11(B)(3)]. This amendment eliminated the restrictions on the types of business and professional office uses allowed, as well as prohibited outdoor storage of any kind, except as specifically permitted within the NC zoning district. The Commission discussed how the prohibition of outdoor storage would make the outside display function of the existing equipment rental facility (2219 Seacreast Boulevard) non- conforming. As the amendment was privately initiated staff recommended that the ordinance be approved and that a further LDR amendment be made at a later date to allow equipment rental and display as a conditional use. This amendment is now before the Board for action. The Planning and Zoning Board held a public hearing regarding this item at its meeting of December 17, 2001. There was no public testimony regarding the request. After discussing the 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). By motion, approve on first reading the amendment to LDR Sections 4.4.11(B) and (D), based upon the findings and recommendations of the Planning and Zoning Board, and set a public hearing date of February 5, 2002. Attachments: · P&Z Board Staff Report of December 17, 2001 · Proposed Ordinance by Others ORDINANCE NO. 14)2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.4.11, 'NEIGHBORHOOD COMMERCIAL (NC) DISTRICT', SUBSECTION (B), PARAGRAPH (2) BY ELIMINATING EQUIPMENT RENTAL AS A PERMITTED USE; AND SUBSECTION (D), 'CONDITIONAL USES AND STRUCTURES ALLOWED', BY ENACTING A NEW PARAGRAPH (4) TO ADD EQUIPMENT RENTAL AND DISPLAY AS A CONDITIONAL USE IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, purs~aant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on December 17, 2001 and voted 6 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 Chapter Four, 'Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection (B), "Principal Uses and Structures Permitted", Paragraph (2), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4.4.11 Neighborhood Commercial (NC) District: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the NC district as a permitted use: (2) Provision of services such as: barber and beauty shops; dry cleaning limited to on-site processing for customer pickup only; dry cleaning and laundry pickup stations; financing e.g. banks and similar institutions excluding drive-through facilities; laundromats limited to self-service facilities; dining at sit down restaurants including takeout and ice cream parlors but excluding drive-in, drive-through facilities; Section 2. That Chapter Four, "Zoning Regulations', Article 4.4, "Base Zoning District", Section 4.4.11, 'Neighborhood Commercial (NG) District', Subsection (D), "Conditional Uses and Structures Allowed', of the Land Development Regulations of the Code of Ordinances of the CiW of Delray Beach, Florida, is hereby amendied by enacting a new Paragraph (4) to read as follows: Section 4.4.11 Neighborhood Commercial (NC) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the NC District: (4) Equipment rental and display. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, %r word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ............ 200 .... ATTEST MAYOR City Clerk First Reading. Second Reading. 2 ORD. NO. 1.02 MEETING DATE: DECEMBER 17, 2001 AGENDA ITEM: V. B. - AMENDMENT TO LDR SECTIONS 4.4.11(B), TO ELIMINATE EQUIPMENT RENTAL AS A PRINCIPAL USE AND 4.4.11(D), TO ALLOW "EQUIPMENT RENTAL AND DISPLAY" AS A CONDITIONAL USE, IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT. The item before the Board is that of making a recommendation to the City Commission regarding an LDR amendment to Section 4.4.11(B), Principal Uses and Structures Permitted, to eliminate "equipment rental" and to Section 4.4.11(D), Neighborhood Commercial (NC) zoning district, Conditional Uses and Structures Allowed, to allow "equipment rental and display" as a conditional use, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. At its meeting of August 7, 2001, the City Commission approved on second reading a text amendment to the NC zoning district regulations [LDR Section 4.4.11(B)(3)], which eliminated the restrictions as to the types of business and professional office uses allowed, as well as prohibited outdoor storage of any kind, except as specifically permitted within the NC zoning district. The Commission discussed how the prohibition of outd(~or storage would make that aspect of the existing equipment rental facility, which has co-existed with the surrounding neighborhood for many years, non-conforming (2219 Seacreast Boulevard). However, as the amendment was privately initiated staff recommended that the ordinance be approved and that a modification to the ordinance be made at a later date to allow equipment rental and display as a conditional use. This modification is now before the Board for action. The request is to allow "equipment rental and display" as a conditional use within the NC zoning district. LDR Section 2.4.5(M)(5) Findings: Pursuant to LDR Section 2.4.5(M)(5), Findings, in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Planning and Zoning B(~ard Staff Report LDR Amendment to Outdoor Storage as a Conditional Use within the NC Zoning District. Page 2 The purpose and intent of the NC zoning district is to provide the opportunity to locate limited retail and service uses in a manner convenient to and yet not disruptive to residential areas. The display and storage of items associated with an equipment rental facility are synonymous with each other. Based upon the recent text amendment, it seemed that a provision should be made to continue to allow this type of facility in the NC zone district. There are concerns regarding the method of display and storage of rental equipment. Scissor lifts, cherry pickers, etc. are often stored in an up or raised position where their visibility is increased. This method of storage draws greater attention to these items and consequently has a negative visual impact upon the surrounding area. While having equipment rental facilities conveniently located near residential areas is an acceptable situation, should the equipment be displayed in such a manner as discussed above the use would most certainly be disruptive to nearby residential areas. Allowing this use as a conditional use provides the vehicle to restrict the way items are displayed via a specific condition of approval. In 1993, a similar text amendment was approved that allowed "Display and Sale of Lawn Furniture, Playground Equipment, Sheds and Accessories," as a conditional use. This use was listed as a conditional use due to the extensive outdoor display/storage component of the use and the potential visual impacts. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the goals, objectives, and policies of the Comprehensive Plan, it is not inconsistent with them. A. Continue with direction. B. Recommend approval of the text amendment to LDR Sections 4.4.11(B) and (D) based upon positive findings with respect to LDR Section 2.4.5(M)(5). C. Recommend denial of the text amendment to LDR Section 4.4.11 (B) and (D), based upon failure to make positive findings with the respect to LDR Section 2.4.5(M)(5). By motion, recommend to the City Commission that LDR Section 4.4.11 (D), Conditional Uses and Structures Allowed, be amended to allow "equipment rental and display" as a conditional use, based upon a positive finding with respect to LDR Section 2.4.5(M)(5). Attachments: · Proposed Amendment · NC Zoned Districts Map Planning and Zoning Board Staff Report LDR Amendment to Outdoor Storage as a Conditional Use within the NC Zoning District. Page 3 Section 4.4.11 Neiqhborhood Commercial (NC) District: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the NC district as a permitted use: (2) Provision of services such as: barber and beauty shops; dry cleaning limited to on-site processing for customer pickup only; dry cleaning and laundry pickup stations; financing e.g. banks and similar institutions excluding drive-through facilities; laundromats limited to self-service facilities; dining at sit down restaurants including takeout and ice cream parlors but excluding drive-in, drive- through facilities; ...." ....+ ~.~..~ ....... rent=!; newsstands. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the NC District: (4) Equipment rental and display. CITY OF DELRAY BEACH, FLORIDA NC (NEIGHBORHOOD COMMERCIAL) ZONED DISTRICTS il ....... ~ LAKE IDA ['_-'z Z, r .... , - .... _r- - -"~ I r" Lj I LOW, ON BOULEVARD .~. LINTON BOULEVARD ! l N W 2ND ST // $ W 2ND ST C-15 CANAL LEGEND: 1. PINE RIDGE ROAD & SEACREST BOULEVARD 2. HAMLET PLAZA 3. SOUTH OF HIGHLAND TRAILER PARK 4. DISCOUNT AUTO PARTS 5. FOUNTAINS AT DELRA Y BEACH 6, S.E, CORNER OF A VENUE 'G" & FEDERAL HIGHWAY GULF STREA~t BLVD ...... CITY uMrrs ....... ONE MILE GRAPHIC SCALE CiTY OF DELRAY BEACH, FL Im..ANNING & ZONING DEPARTMENT JULY 2001 -. DIGFrAL BASE U~P SYSTF~ - o MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ ~GENDA ITEM JO ~ . REGULAR MEETING OF FEBRUARY 5. 2002 ORDINANCE NO. 2-02 .Fro ADD THE SUBSTITUTION OF MATURE. ~.J~CEPTIONAL TREE SPE(~IMENS FOR REOUIRED PARKING) FEBRUARY 1, 2002 This is second reading and a public hearing for Ordinance No. 2-02 which amends LDR Section 4.6.1602))(2) which adds the substitution of mature, exceptional txee specimens for required parking. The proposed text amendment was generated &,ring the site plan approval process for a restaurant known as "Elizabeth's on 7~''. At first reading on January 8~, the City Commission passed the ordinance by unanimous vote. As part of the site plan approval process, a waiver was requested to reduce the number of required parking spaces in order to save a very large, mature Bhck Olive tree. The City Commi-~sion reviewed the request on April 17, 2001. Prior to the rewriting of the LDR's in 1990, the Commission was informed the code contained a provision to allow substitution of required parking in order to save specimen trees. The Commission approved the waiver and directed staff to amend the LDR's to reinstate this provision. Ordinance No. 2-02 also provides that all tree(s) which are to be preserved under this secdon and do not survive shall be replaced by a tree a mirdmum of 18 feet in height with a 10 foot spread of canopy, and the City Horticulturist shall approve such replacements. At first reading on January 8~, the City Commkssion passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 2-02 on second and final reading. Ref:Agmemo21.O~l.2-02 SubsdtutionofMatute,ExcepfinurrreeSl~cimens.02.05.02 CITY COMMISSION DI TO: THRU: FROM: D A~~R~~_~.MANAGER P Ar. J L DORLI~~R OF PLANNING AND ZONING R(:~R'lr"~EFFT,~LAN N E R SUBJECT: MEETING OF JANUARY 8, 2001 AMENDMENT TO LDR SECTION 4.6.16(D)(2), TO ADD THE SUBSTITUTION OF MATURE, EXCEPTIONAL TREE SPECIMENS FOR REQUIRED PARKING. iii~ACKGROUND ~ ~" I The proposed text amendment was ~enerated during the site plan approval process for a restaurant known as "Elizabeth's on 7"'". As part of the site plan approval process, a waiver was requested to reduce the number of required parking spaces in order to save a very large, mature Black Olive tree. The City Commission reviewed the request at its meeting of April 17, 2001. The Commission was informed that prior to the rewriting of the LDRs in 1990, the zoning code contained a provision to allow substitution of required parking in order to save specimen trees. The Commission approved the waiver and directed staff to amend the LDRs to reinstate this provision. ~ PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board held a public hearing regarding this item at its meeting of December 17, 2001. There were three (3) members of the public who spoke regarding the text amendment. Concerns centered around how the replacement trees, should the specimen trees die, would be accommodated on site and what size would be required. One member of the public suggested the Board may want to look at 'q'ree Banking" for replacement trees which may not be able to be accommodated on site. Another member of the public spoke in support of the proposed ordinance, and Staff's language which would allow replacement tree determinations on a case by case basis. After discussing the 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). By motion, approve on first reading the amendment to LDR Section 4.6.16(D)(2), based upon the findings and recommendations of the Planning and Zoning Board, and set a public hearing date of February 12, 2002. Attachments: · P&Z Board Staff Report of December 17, 2001 · Proposed Ordinance by Others ORDINANCE NO. 2.02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING PARAGRAPH 4.6.16(D)(2), 'PRESERVATION AND PROMOTION OF EXISTING PLANT COMMUNITIES', BY ENACTING A NEW SUB-PARAGRAPH (d), TO ALLOW FOR THE SUBSTITUTION OF MATURE, EXCEPTIONAL TREE SPECIMENS FOR REQUIRED PARKING; 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 December 17, 2001 and voted 6 to 0 to recommend that the cha~ges 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 DELRA¥ BEACH, FLORIDA, AS FOLLOWS: Section I. That Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.16, "Landscape Regulations", Subsection (D), "Site Design Requirements", Paragraph (2), 'Preservation and Promotion of Existing Plant Communities", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting a new SubParagraph (d), "Substitution of Mature, Exceptional Tree Specimens for Required Parking", as follows: Section 4.6.16 Landscape Reguhtions: (D) Site Design Requirements: (2) Preservation and Promotion of Existing Plant Communities: Substitution of Mature. Exceptional Tree Specimens for Required Parking, The intent of this section is to preserve those selected mature trees that are rl0t i~blg to be 19¢~ted in required landscape areas while maintaining a reasonable .level of off-street parking for new or expanding multi-family. commercial..and industrial developments or redevelopments, as the preservation of these trees, in most ir~tances, is of higher order than providing the exact amount of required off-street parking. The City may reauire or the applicant may request the substitution of existing, mature, health),, exceptional tree specimens for required parking ~_ aces in instances,a~-nere the followine conditions are met: Such trees are of a hardwood and/or deciduous variety and a minimum of twelve inches (12~) in diameter measured one foot (l') above made. · Such trees are free of disease and insects. Every effort has been made in planning and design of parking areas ~o accommodate such trees in the lands~pe islands required in Section 4.6.16 (H)(3). · ~.uch trees are pr. gtected during construction as prescribed Section 4.6.16(D)(2)(a). The applicant shall indicate on the site plan the location of all required parking spaces and indicate those spaces that will be eliminated in order to preserve trees. The amount of parking spaces permitted to be eliminated for any project shall be determined on a case by case basis. The Historic Preservation Board (HPB) or Site Plan Review and Appearance Board (SPRAB). as appropriate, may approve such requests or require such preservation provided the conditions of this subsection are met. A decision of HPB or SPRAB disapproving a request for or requiring tree preservation may be ap_tx~aled to the ~i~ C~ommis~ion pursuant ~O I-DR Section 2.4.7(E). All tree(s) which are to be preserved under this section and do not survive shall be replaced by a tree a minimum of 18 feet in height with a 10 foot spread of canopy. The City. Horticulturist shall approve such replacements. 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 2 ORD. NO. 2-02 than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of . ,200. ATTEST M AY O R City Clerk First Reading Second Reading 3 ORD. NO. 2-02 MEETING DATE: DECEMBER 17, 2001 AGENDA ITEM: V. C. - AMENDMENT TO LDR SECTION 4.6.16(D)(2) TO ADD THE SUBSTITUTION OF MATURE, EXCEPTIONAL TREE SPECIMENS FOR REQUIRED PARKING. The item before the Board is that of making a recommendation to the City Commission regarding an amendment to Land Development Regulations (LDR) Section 4.6.16(D)(2), Preservation and Promotion of Existinq Plant Communities, to add subsection (d) regarding the substitution of mature, exceptional tree specimens for required parking, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDR may not be made until a recommendation is obtained from the Planning and Zoning Board. The proposed text amendment was generated during the site plan approval process for a restaurant known as "Elizabeth's on 7th''. As part of the site plan approval process, a waiver was requested to reduce the number of required parking spaces in order to save a very large, mature Black Olive tree. The City Commission reviewed the request at its meeting of April 17, 2000. The Commission was informed that prior to the rewriting of the LDRs in 1990, the zoning code contained a provision to allow substitution of required parking in order to save specimen trees. The Commission approved the waiver and directed staff to amend the LDRs to reinstate this provision. As referenced above, prior to the LDR revisions of 1990, the code contained a provision to allow the substitution of required parking in order to save specimen trees. That previous code section is as follows: Permitted Substitution of Mature, Exceptional Tree Specimens for Required Parking Spaces. The preservation of selected mature trees in most instances is of higher order than providing the exact amount of required off-street parking spaces for new developments, expanding developments or redevelopments. The City may require, or the applicant may request the substitution of existing, mature, healthy, exceptional tree specimens for required parking spaces in instances where the following conditions are met: (1) Such trees are of a hardwood and/or deciduous variety and a minimum of 8 inches in diameter measured 4 1/2 feet above grade. Planning and Zoning Board Staff Report LDR Amendment to Include the Substitution of Mature, Exceptional Tree Specimens for Required Parking. Page 2. (2) Such trees are free of disease and insects. (3) Every effort has been made in planning and design of parking areas to accommodate such trees in the landscape islands required in Article X. (4) Such trees are protected during construction as prescribed in Article XI, Section 9-398. Applicant shall indicate on a site plan the location of all required parking spaces and indicate those spaces which will not be paved in order to preserve trees. In no event may the preservation eliminate more than 10% of the first 40 required parking spaces, and 5% of any spaces above 40. Should any tree(s) that is preserved under this section die subsequent to the completion of the project, the property owner shall replace the dead tree with one that is a minimum of twelve (12) feet in height with a six (6) foot spread and six (6) feet of clear trunk. Such substitutions shall be approved by the Planning and Zoning Board in cases where site plan approval is required. On projects that do not require site plan approval, the Building Department may approve such requests or require such preservation provided the conditions of this section are met. A decision ef the Building Department or Planning and Zoning Board disapproving a request for tree preservation may be appealed to the City Commission. The intent of this section is to preserve those landscape areas while maintaining a reasonable level of off-street parking. This code section has been revised to be consistent with the current Land Development Regulations, and the site plan approval process. The proposed ordinance has been adjusted to reflect new horticultural standards With respect to what constitutes an exceptional tree specimen. Also adjusted is the provision restricting the number of spaces that may be eliminated with the preservation of trees. Where the previous code allotted a certain percentage of the required parking spaces for elimination, the proposed ordinance allows for the determination of the number of spaces that may be eliminated to preserve a tree to be made on a case by case basis. ,.Comprehensive Plan Policies: 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 the purpose of reinstating a previously removed section of the code that has been found to be consistent with good planning practice. The amendment also furthers the Conservation Element by accommodating the preservation of specimen trees. Planning and Zoning Board Staff Report LDR Amendment to Include the Substitution of Mature, Exceptional Tree Specimens for Required Parking. Page 3 A. Continue with direction. B. Recommend approval of the text amendment to LDR Section 4.6.16(D)(2) based upon positive findings with respect to LDR Section 2.4.5(M)(5). C. Recommend denial of the text amendment to LDR Section 4.6.16(D)(2), based upon failure to make positive findings with the respect to LDR Section 2.4.5(M)(5). By motion, recommend to the City Commission that LDR Section 4.6.16(D)(2), Preservation and Promotion of Existing Plant Communities, be amended and subsection (d) added relating to the Substitution of Mature, Exceptional Tree Specimens for Required Parking, based upon a positive finding with respect to LDR Section 2.4.5(M)(5). Attachments: · Proposed Ordinance Planning and Zoning B(~ard Staff Report LDR Amendment to Include the Substitution of Mature, Exceptional Tree Specimens for Required Parking. Page 4 Section 4.6.16 Landscape Regulations: (D) Site Desi_cln Requirements: (2) Preservation and Promotion of Existing Plant Communities: (d) Substitution of Mature, Exceptional Tree Specimens for Required Paridnq: The intent of this section is to preserve those selected mature trees that are not able to be located in required landscape areas while maintaininq a reasonable level of off-street parkin.q for new or expanding multi-family, commercial, and industrial developments or redevelopments, as the preservation of these trees, in most instances, is of hi.qher order than providinq the exact amount of required off-street parking. The City may require or the applicant may request the substitution of existin.q, mature, healthy, exceptional tree specimens for r..eq~uired parkinq spaces in instances where the followinq conditions are met: Such trees are of a hardwood and/or deciduous variety and a minimum of twelve inches (12") in diameter measured one foot (1') above .qrade. · Such trees are free of disease and insects. Every effort has been made in planninq and design of parking areas to accommodate such trees in the landscape islands required in Section 4.6.16 (H)(3). · Such trees are protected during construction as prescribed in Section 4.6.16(D)(2)(a). ...The applicant shall indicate on the site plan the location of all required parkin.q spaces and indicate those spaces that will be eliminated in order to preserve trees. The amount of parking spaces permitted to be eliminated for any project shall be determined on a case by case basis. The Historic Preservation Board (HPB) or Site Plan Review and Appearance Board (SPRAB), as appropriate, may approve such requests or require such preservation provided the conditions of this subsection are met. Planning and Zoning Board Staff Report LDR Amendment to Include the Substitution of Mature, Exceptional Tree Specimens for Required Parking. Page 5 A decision of HPB or SPRAB disapproving a, request for or requiring tree preservation may be appealed to the City Commission pursuant to LDR Section 2.4.7(E). All tree(s) which are to be preserved under this section and do not survive shall be replaced ,by a tree of equal size or an equivalent number of trees based on truck diameter. The City Horticulturist may approve such replacements. [lTV OF DELRfl¥ BEI:I[H CITY ATTORNEY'S OFFICE 1993 RECEIVED JAN 2 9 2002 CITY MANAGER 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Dfrect L~ne 561/243-7091 MEMORANDUM DATE: January 29, 2002 TO: David H a rd e n ~..~ty~r FROM: Brian Shutt, Assistant City Attorney SUBJECT: Revisions to Chapter 53 Attached please find the proposed memos to the City Commission as well as the latest draft of the ordinance. I have added several sections to the proposed ordinance as a result of some of the changes that were made to the definitions. Please call if you have any questions. cc: Susan Ruby, City Attorney CITY OF DELRFIY BEFirH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: January 29,2002 MEMORANDUM Writer's D~rect Line: 561/243-7091 TO: FROM: City Commission Brian Shutt, Assistant City Attorney SUBJECT: Revision of Chapter 53, Sanitary Sewers The proposed changes to Chapter 53, Sanitary Sewers, are necessary in order to comply with the requirements of the Department of Environmental Protection regarding industrial pretreatment and sewage discharges. The changes are further explained in the attached memo from Richard Hasko. The amendment to the Land Development Regulations was brought before the Planning & Zoning Board on January 28, 2002 and was approved by a vote of 7-0. By copy of this memo to David Harden, please place this item on the February 5, 2002 City Commission agenda. Please call if you have any questions. CC: David Harden, City Manager Barbara Garito, City Clerk Richard Hasko, Director of Environmental Services City Of Delray Beach Department of Environmental Services M E M O R A N D U M TO: FROM: SUBJECT: DATE: www delrayesd corn Brian Shutt, Assistant City Attorney f3 ~ Richard C. Hasko, P.E., Environmental Services Director CODE REVISIONS, CHAPTER 53, SANITARY SEWERS January 29, 2002 Revisions to Chapter 53, Sanitary Sewers, of the City's Code of Ordinances are being proposed as a requirement of the Florida State Department of Environmental Protection (DEP) to bring our codes relating to Industrial Pretreatment and regulated sewage discharges into compliance with current requirements of Chapter 62-625, F.A.C. The majority of the proposed revisions conform to language provided in a model ordinance published by the United States Environmental Protection Agency (USEPA) and with which DEP compares municipal ordinances for compliance with state law. Proposed changes also address the revision of local limits for various chemicals, metals and organic substances that are introduced into the sewer system, as well as recognizing National Categorical Limits which are enforceable under Federal Law. The current table of local limits is included in the proposed revision, therefore, periodic revisions to the local limits will require an ordinance change. While we anticipate a potential reevaluation of the local limits in the next several months, they should only be reviewed every five years thereafter. Although we have been aware of the need for these ordinance revisions since 1998, we have delayed the revisions until now while awaiting the establishment of the local limits for sewer discharges to our system. In addition to required revisions as stated above, the entire chapter has been reviewed to ensure all Industrial Pretreatment requirements are addressed in terms of current best management practices and are adequately enforceable under the City Ordinance. Sections outlining Oil and Grease Management Programs and outdoor carwashing requirements have been added for this purpose. Section 53.025, Cost of Making Connection, has been revised with regard to the limit of the City's responsibility for providing sewer connections. Finally, the Chapter has been reviewed for clarity and readability resulting in modifications to some terminology such as changing the acronym POTW (Publicly Owned Treatment Works) to simply read Treatment Works. Our current time frame for compliance with DEP requires the proposed revisions to be considered for first reading at the February 5th Regular meeting and, absent any objections, second and final reading at the February 19t~ meeting. I have also taken this opportunity to compare the subject Ordinance with Section 6.1.11 of the City's Land Development Regulations entitled "Sewer System" (pages 6119 through 6121 of the LDRs). With the exception of the first paragraph of section 6.1.II(A), the entire section is a restatement of various sections of Chapter 53; in some cases, verbatim. I would recommend that the board action for the Chapter 53 revisions include the deletion of the redundancies from the LDRs and adoption of Chapter 53 therein by reference. We handled similar overlapping issues in this manner last year during revisions to Chapter 52, Water Ordinance. Please contact me if you have any questions or comments in the subject regard. 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 PROVIDE FOR THE PROHIBTION 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 Ord. No. 4-02 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 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. WHEREAS, The City Commission has determined that it is in the public interest to prevent the introduction of pollutants into the City's publicly owned treatment works; and, WHEREAS, The Florida Department of Environmental Protection has requested changes to the City's sanitary sewer ordinance in order to assure continuing compliance with all relevant State and Federal laws; and, WHEREAS, the City Commission has determined that compliance with such a request is in the public interest. Ord. No. 4-02 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.001, "Purpose", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.001 PURPOSE. This ordinance sets forth uniform requirements for users of the Treatment Works for the City and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The objectives of this ordinance are: (A) To prevent the introduction of pollutants into the Treatment Works that will interfere with its operation; (B) To prevent the introduction of pollutants into the Treatment Works that will pass through the Treatment Works, inadequately treated, into receiving waters or otherwise be incompatible with the Treatment Works:, (C) To protect both Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public; (D) Works~ To promote reuse and recycling of industrial wastewater and sludge from the Treatment (E) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Treatment Works; and Ord. No. 4-02 (F) To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the Treatment Works is subject. Section 2. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.002, "Policy and Scope", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.002 POLICY AND SCOPE. The provisions of this chapter will be enforced to the fullest extent possible under the provisions of State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403) and Florida Administrative Code Rules, 62-302,62-600, 62-604,62-610 and 62-625, F.A.C. [62-625.100 (1), F.A.C.] issued by the Florida Department of Environmental Protection (FDEP). Section 3. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.003, "Application of Chapter", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.003 APPLICATION OF CHAPTER. (A) The use of City wastewater facilities by any entity or local government shall subject that entity or local government to the application of this chapter. This shall include, but not be limited to, wholesale, retail, and large agreement users, whether inside or outside the City limits. (B) The regulations of this chapter shall apply to all users of the s~,er-faeiliges Public Sewer or Sanitary Sewer of the City whether inside or outside the City: inc!uding al! ~**'~' '^~a! ......... * ..... r, ; ....... *~ ..... ; ....... *fi~ ..... ;~ ~C O~l~ n~L O .... *., Fu~hermore, all local govement users shall be required, within sixty (60) days a~r enactment of this chapter ~d notice thereof, to enact ordin~ces subst~tially similar to this chapter ~d to apply and enforce the sine to all users of their public ~d s~it~y sewer systems. (C) Except as otherwise provided herein, the Director shall administer, implement, and enforce the provisions of this Chapter. Any powers granted to or duties imposed upon the Director may be delegated by the Director to other City personnel. Ord. No. 4-02 Section 4. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.004, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.004 ABBREVIATIONS,'. DEFINITIONS. t~r:r~ nn~ ~ ai~ended (A) The following abbreviations shall have the designated meanings: (1) (2) (3) (4) (5) (6) (7) (9) (10) (11) (12) (B) BOD - Biochemical Oxygen Demand CBOD - Carbonaceous Biochemical Oxygen Demand CFR- Code of Federal Regulations COD - Chemical Oxygen Demand EPA - U.S. Environmental Protection Agency m~d - Gallons per day m~_./l - Milligrams per liter NPDES - National Pollutant Discharge Elimination System RCRA - Resource Conservation and Recovery Act SIC - Standard Industrial Classification TSS - Total Suspended Solids U.S.C. - United States Code The following terms, or phrases, shall have the designated meanings: 1LD "ACT" and "THE ACT". The Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as amended, 33 U.S.C. 1251, et. seq. (2) "APPROVAL AUTHORITY". The Florida Department of Environmental Protection. Ord. No. 4-02 ..... , ......... ~, ................. v ....................... v .......................................... n rect (3) "AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER". (a) If the user is a corporation: 1. The president, secretary, treasurer, or a vice-president of the corporation and who is in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or proprietor, respectively, (b) If the user is a parmership or sole proprietorship: a general partner or (c) If the user is a Federal, State, or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. (d) The individuals described in paragraphs (a) through (c) above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City. 4~ "BOARD". The Board of Directors of the South Central Regional Wastewater Treatment and Disposal Boned Facility. (5) "B.O.D tn.....,:.., m..~...~:~.., c~ ...... n .... ax,, The qu~tity of oxygen utilized in the biochemical oxidation of org~ic ma~er 'l~a~ o*"flafi~a lfl~fl'~* ......... a .... :R ~1'~ {qX a .... ...... ~ ......... ~ ................ ~ ...... per ...... when nitrification is not i~ibited. (6) "BUILDING SEWER". Sewer conveying wastewater from the premises of a user to the collection system which transmits ~Wastewater to the P©TW Treatment Works. (7) "CAPACITY CHARGE". The charges calculated to cover cost incurred to have the system available and in good operating condition without regard to use, which shall include, but not be limited to, costs of minimum personnel, capital outlay, debt service, insurance, transfers, reserve requirements, and debt service coverage. (8) "CATEGORICAL PRETREATMENT STANDARD" or "CATEGORICAL STANDARD". Any regulation containing pollutant discharge limits promulgated by EPA in accordance Ord. No. 4-02 with Sections 307 (b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. (9) "CATEGORICAL USERS". Those commercial/industrial facilities which by 40 CFR 403 and subsequent amendments shall operate under a Wastewater Discharge Permit for discharges to the sSanitary sSewer. (10) ,,t-~a~-nsft-, T...._.........., nvvt~,~ns._..~.....~. , vn~'ns A nsr~.~..... ,.. (C.OD)". . A measurement of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant using procedures listed in 40 CFR 136. (11) "C.B.O.D." The quantity of oxygen utilized in the biochemical oxidation of organic matter when inhibiting the nitrogenous oxygen demand. (12) "COLLECTION SYSTEM". The system of public sewers to be operated by the City and connected to the POTW faci!itie: Treatment Works. (13) "COMMODITY CHARGE". The charges calculated to cover the costs which vary with +*'~ ' .... ~ ~c .... :,.~ .................. previded, the amount of water produced or sewage processed, which shall include, but not be limited to, costs of personnel to operate the system, electricity, repairs and maintenance, and operating supplies. (14) "COMPATIBLE POLLUTANT". A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly owned treatment works was designed to treat those pollutants, and in fact does remove the pollutant to a substantial degree. (15) "COMPOSITE SAMPLE". A series of samples taken over a specific 24-hour time period at intervals not to exceed fifteen (15) minutes in the waste stream which are combined into one sample. Flow proportional sampling is mandated unless circumstances do not permit it, then it shall be time proportional. Samples shall be taken during effluent discharge times only. (16) "COOLING WATER". The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat. Ord. No. 4-02 (17) "CUSTOMER CHARGE". The charges calculated to cover the costs incurred in the billing system, which shall include, but not be limited to costs of meter reading, recording, data processing, billing and collecting. (18) "DIRECT DISCHARGE". The discharge of treated or untreated wastewater directly into the waters of the State. (19) "DIRECTOR". This refers to the individual in charge of the Department of Environmental Services for the City. (20) "DISCHARGE". Means to dispose, deposit, place, emit, unload, release or cause or allow to be disposed of, deposited, placed, emitted, unloaded, or released. (21) "DOMESTIC WASTEWATER". Wastewater derived principally from dwellings, commercial buildings, institutions, and industry resut6ag-~mm comprised of household or toilet waste resulting from human occupancy. It may or may not contain ground water, surface water, or stormwater. (22) "ENVIRONMENTAL PROTECTION AGENCY" or "EPA". The U.S. Environmental Protection Agency;_. or W,,vhere appropriate the term may also be used as a designation for the Administrator or other duly authorized official of that agency. (23) "EXECUTIVE DIRECTOR". The administrative director or his or her authorized deputy, agent or representative of the South Central Regional Wastewater Treatment and Disposal Board. The Executive Director is the authorized administrative authority of the South Central Regional Wastewater Treatment and Disposal Board. (24) "EXISTING SOURCE". Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such a source if the standard is thereafter promulgated in accordance with section 307 of the Act. (25) "GARBAGE". The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods. (26) "GRAB SAMPLE". A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. (27) "INDIRECT DISCHARGE". The,..o,~...,.~,,~~:~' ...... .,. +~-~,~.~ introduction of ~ pollut~ts-r ....... ~... ~.j into the Treatment Works from ~ nondomestic source regulated ~der Section 307(b) ( ) ~ 317) +~_, ...... +~ ~;~ .... a ~ c or of the Act, r~ ~T c ~ I ;-*~ '"~ °Omn~ t;"'~"~;"- holding .............. ~.. Ord. No. 4-02 (28) "INDUSTRIAL OR COMMERCIAL WASTE". The liquid wastes from industrial, commercial, or institutional processes as distinct from domestic or sanitary sewage. (29) "INDUSTRIAL AND COMMERCIAL WASTE DISCHARGE PERMIT". A permit issued to control the process flows from industry, commerce, or institutions that may be discharged into the sanitary sewer system. This permit is issued in addition to any other types of permits. When issued, the permit will define the characteristics and volume of the flow and acceptance or rejection of individual waste components and/or require high strength waste surcharges. (30) "INDUSTRIAL COST RECOVERY". Recovery by a federal grantee from the industrially classified users of a treatment works of the grant amount allocable to the treatment of wastes from those users. (31) "INDUSTRIALLY CLASSIFIED USER". An industrial or commercial user whose liquid wastes are, in part, made up of flows related to industrial processes, as distinct from an industrial or commercial user whose waste flows are primarily domestic or resulting from human occupancy. (32) "INDUSTRIAL USER". A source of indirect discharge and discharge of industrial ~'~nd or commercial waste which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act, (33 U.S.C. 1342). (33) "INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT". The maximum concentration of a pollutant allowed to be discharged at any time, determined from. analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. (34) "INTERFERENCE". A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the Treatment Works, its treatment process or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City's NPDES permit or the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or Local Regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. (35) "MEDICAL WASTE". Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. Ord. No. 4-02 (36) "MILLIGRAMS PER LITER (mg/l)". Milligrams per liter shall be considered equivalent to parts per million. (37) "MONITORING COSTS". Those costs incurred by the City in performing monitoring and/or sampling as prescribed by 40 CFR 403. (38) "NATIONAL CATEGORICAL PRETREATMENT STANDARD". Any federal regulation containing pollutant discharge limits promulgated by the EPA which applies to a specific category of industrial users. (39) "NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT" or "NPDES PERMIT". A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). (40) "NATIONAL PROHIBITIVE DISCHARGE STANDARD" or "PROHIBITIVE DISCHARGE STANDARD". Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5. (41) "NATURAL OUTLET". Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or other water body. (42) "NEW SOURCE". (a) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (1) The building, structure, facility or installation is constructed at a site at which no other source is located; or (2) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (3) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (b) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of 53.004(42)(a)1 or 2 above but otherwise alters, replaces, or adds to existing process or production equipment. Ord. No. 4-02 (c) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: program: (1) Begun or caused to begin, as part of a continuous onsite construction equipment; or (a) any placement, assembly, or installation of facilities or (b) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (c) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. (43) "NONCONTACT COOLING WATER". Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. ............ 1.4 ..... 1+ · gh; "' ...... , ........... :n pa~ tF~0u (44) "PASS THROUGH". A discharge which exits the Treatment Works into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magnitude or duration of a violation. Ord. No. 4-02 (45) "POINT SOURCE". The initial point of discharge into the sanitary sewer system. (46) "POLLUTANT." Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidi _ty, color, BOD, COD, toxicity or odor). (47) "POLLUTION". The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. (48) "PRETREATMENT". The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the Treatment Works. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. (49) "PRETREATMENT REQUIREMENTS". Any substantive or procedural requirement for treating of a waste prior to discharging or otherwise introducing the waste into the P©TW Treatment Works. "DD~'~TDI~ A T~k/ll?K~T ~T A k~l~ A (50) "PRETREATMENT STANDARDS" or "STANDARDS". Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits. (51) "PROHIBITED DISCHARGE STANDARDS" or "PROHIBITED DISCHARGES." Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 53.051 of this ordinance. (52) "PROPERLY SHREDDED GARBAGE". The wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2-inch (1.27 centimeters) in any dimension. Ord. No. 4-02 (53) "PUBLICLY OWNED TREATMENT WORKS ~ ..... ~ or TREATMENT WORKS". In this case, the regional treatment plant operated by the South Central Regional Wastewater Treatment and Disposal Board and the sewage collection/transmission ~ system owned and operated separately by the City (54) "PUBLIC SEWER". A sew~ pipe or conduit in which all owners of abutting properties have equal rights, and which is controlled by public authority. (55) "REGIONAL TREATMENT FACILITIES". The South Central Regional Wastewater Treatment Plant transmission and disposal facilities as operated by the South Central Regional Wastewater Treatment and Disposal Board. (56) "REPLACEMENT". Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment process facilities to maintain the capacity and performance for which those facilities were designed and constructed. (57) "RESIDENTIAL DWELLING UNIT". One or more rooms connected together, constituting a separate, independent housekeeping establishment and physically separated from any other dwelling unit which may be in the same structure, and which contains independent sanitation, living, cooking and sleeping facilities. ~ "SANITARY SEWER". A ~ pipe or conduit which carries sar2ta:3' sewage and to which storm, surface, and ground water are not intentionally admitted. (59) "SEPTIC TANK WASTE". Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. (60) "SEWAGE" or "WASTEWATER". A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be unintentionally present~ which contributes to or is permitted to enter the Treatment Works. Ord. No. 4-02 (61) "SIGNIFICANT INDUSTRIAL USER". (a) A user subject to categorical pretreatment standards; or (b) A user that: 1. Discharges an average of twenty-five thousand (25,000) gallons per day (_~p_ d) or more of process wastewater to the Treatment Works (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); 2. Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the Treatment Plant; or 3. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the Treatment Works operation or for violating any pretreatment standard or requirement. (c) Upon a finding that a user meeting the criteria in Subsection (b) of this definition has no reasonable potential for adversely affecting the Treatment Works operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(fl(6), determine that such user should not be considered a significant industrial user. (62) "SIGNIFICANT NON-COMPLIANCE". Means that violations of this ordinance by a user subject to pretreatment standards meet one or more of the following criteria: (-l-a) Chronic Violation: 66 % or more of all measurements taken for the same pollutant during a six month period exceeded (by any magnitude) the applicable daily maximum limit or the applicable average limit; (;~b_) Technical Review Criteria (TRC) Violation: 33% or more of all measurements taken for the same pollutant during a six month period equaled or exceeded the product of the daily average maximum limit or the average limit times the applicable TRC. For categorical pretreatment limitations the TRC equals 1.4 for B.O.D., T.S.S. and Oil and Grease; and 1.2 for all other pollutants except pH; Ord. No. 4-02 (3c_) An effluent violation caused Interference or Pass Through or endangered the health of City personnel or the general public; (4~1_) A discharge that caused imminent endangerment to human health, welfare or to the environment and resulted in the City exercising its emergency authority under Section 53.136 of this ordinance; (Se_) Failure to meet a compliance schedule milestone date within ninety (90) days or more after the scheduled date; (6_f) Failure to submit a required report within thirty (30) days of its due date; (:Tg) Failure to accurately report non-compliance; or (8~ Any other violation or group of violations which the Director determines may cause Interference or Pass Through or will adversely affect implementation of the City's pretreatment program. (63) "SIGNIFICANT VIOLATION". A violation that remains uncorrected forty-five (45) days after notification of non-compliance; which is part of a pattern of non-compliance over a twelve month period; which involves a failure to accurately report non-compliance; or which resulted in the P@TW Treatment Works exercising its emergency authority under Section 403.8(F)(1)(vi)(B) of the Act. (64) "SLUG LOAD" or "SLUG". Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Sections 53.051 and 53.052 of this Chapter. (65) "STANDARD INDUSTRIAL CLASSIFICATION (SIC)". Classification pursuant to the Standard Industrial Classification Manual issued by the executive office of the President, Office of Management and Budget, as amended. (66) "STORM DRAIN" or "STORM SEWER". A sew~ pipe or conduit that carries stormwater and surface water, street wash, and other wash waters or drainage, but excludes domestic wastewater and industrial and commercial waste. (67) "STORMWATER". Any flow occurring during or following any form of natural precipitation and resulting therefrom. Ord. No. 4-02 (68) "SURCHARGE". An extra charge levied to a user for treatment of compatible wastewaters that contain substances in excess of specified maximum allowable limits. (69) "SUSPENDED SOLIDS". Solids that are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering. (70) "TOXIC POLLUTANT". Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under Section 307(a) of the Act, or other Acts. (71) "USER". Any person who contributes, causes, or permits the contribution of wastewater into the P©TW Treatment Works. (72) "USER CHARGE" or "USER FEE". A charge levied on the users of the tTreatment w__Works for the cost of operation and maintenance of those facilities and other equitable and necessary charges. (73) "WASTEWATER TREATMENT PLANT" or "TREATMENT PLANT". Any ......... + Ac ,~.,; ..... .~ ~+-.~+. ........ n c... +.~..+; ....... + ..... + ...... ~. ~ +~.~ o~-m That portion of regional treatment facilities designed to provide treatment to wastewater which is operated by the South Central Regional Wastewater Treatment and Disposal Board. (74) "WATERCOURSE". A channel in which a flow of water occurs, either continuously or intermittently. Section 5. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.005, "Compliance With Provisions or More Stringent Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.005 COMPLIANCE WITH PROVISIONS OR MORE STRINGENT REGULATIONS. Public sanitary sewers shall be as outlined in this chapter or as required by other regulations promulgated by the City or the P©TW Board under the authority of this chapter. Where the provisions of this chapter or such regulation conflict with the health ~ department requirements, the requirements Ord. No. 4-02 which are most stringent shall apply. Section 6. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.006, "Disposal of Sewage Other Than Through Regional Facilities", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.006 DISPOSAL OF SEWAGE OTHER THAN THROUGH REGIONAL FACILITIES. (A) The disposal of sanitary sewage by means other than use of the available regional treatment facilities shall be in accordance with city, county, state, and federal law. (B) chapter. The disposal of sanitary sewage to the POTW Treatment Works shall be as outlined in this Section 7. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.024, "Connecting Private Sewage Disposal System to Public Sewer", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.024 CONNECTING PRIVATE SEWAGE DISPOSAL SYSTEM TO PUBLIC SEWER. The owner, or tenant/occupant if authorized by the owner, of each lot or parcel of land within the City which abuts on or is within 200' of any street, utility easement or public way containing a sanitary sewer, which is served or which can be served by the sewage system and upon which lot or parcel a building has been constructed for residential, commercial, or industrial use shall connect the building with the sanitary sewer within 90 days after the sanitary sewer is available to that building for use, and shall cease the use of any septic tanks, cesspools and similar private sewage disposal facilities, which, shall be abandoned in accordance with health department standards. Section 8. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.025, "Cost of Making Connection", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.025 COST OF MAKING CONNECTION. .... ~"l~ .... ~t aC .... ~t"l~ll~{l~ provide one sewer tap service to each property for which The City will v--~ ....................... ~ co~ection to the City sewer system is required by this chapter.the ..... ~., ~:~ ~r +~ ......... ~.:~ +~ ~ Any additional sewer ~ co~ections ~11 be at the expense of the omer, subject to the approval of the City Engineer, on an actual cost basis, but which shall be not less than $250.00 each, paid to the City by the o~er. On all prope~ies where ~y building drain is too low to pe~it ~avity flow to ~e public sewer, s~itary sewage c~ried by that drain shall be lifted by approved ~ificial me~s ~d Ord. No. 4-02 discharged to the public sewer at no cost to the City. (Ord. No. 22-94, passed 5/3/94) Section 9. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.050, "Discharge of Stormwater and Other Unpolluted Drainage", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.050 DISCHARGE OF STORMWATER AND OTHER UNPOLLUTED DRAINAGE. (A) No person shall discharge or cause to be discharged any stormwater, uncontaminated cooling water or unpolluted industrial process waters to the sanitary sewer. (B) Stormwater and all other unpolluted drainage shall be discharged to storm sewers, or to a natural outlet approved by proper City or County official. Industrial cooling water or unpolluted process waters may be discharged on approval of the ~ Director to a storm sewer or natural outlet. Section 10. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.051, "Prohibited Discharges to Sewers", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.051 PROHIBITED DISCHARGES TO SEWERS. ....... ~,,, ,,. cause to be d':scharged an:,' of the fol!c;ving described waters quantity .... h~. singly ~. ~ m ..... tm,. with ~,..~. ,,~o,~o, ..:j'~ 0r (A) General Prohibitions. No user shall introduce or cause to be introduced into the Treatment Works any pollutant or wastewater which causes Pass Through or Interference. These general prohibitions Ord. No. 4-02 apply to all users of the Treatment Works whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements. (B) Specific Prohibitions. These specific prohibitions exemplify but do not limit the general prohibitions found at Section 53.051(A) above. No user shall introduce or cause to be introduced into the Treatment Works the following pollutants, substances, or wastewater: (1) Pollutants which create a fire or explosive hazard, including but not limited to, waste streams with a closed-cup flashpoint of less than 140°F (60°C) using test methods specified in 40 CFR 261.21; (2) Wastewater having a pH less than 5.0, or greater than 9.5, or otherwise causing corrosive structural damage to the Treatment Works or equipment; (3) Solid or viscous substances in amounts which will cause obstruction of the flow in the Treatment Works resulting in interference, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups and milk containers; (4) Pollutants, including oxygen-demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause Interference; (5) Wastewater having a temperature greater than 150° (65°C), or which will inhibit biological activity in the Treatment Plant resulting in Interference, but in no case Wastewater which causes the temperature at the introduction into the Treatment Plant to exceed 104°F (40°C); (6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the Treatment Works in a quantity that may cause acute worker health and safety problems; (8) Industrial waste haulers may discharge loads only at locations designated by the City. No load may be discharged without prior consent of the City. The Director may require samples to be collected of each hauled load to ensure compliance with applicable standards. The Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge; (9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair; (10) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit; Ord. No. 4-02 (11) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Director; (12) Sludges, screenings, or other residues from pretreatment of industrial wastes; (13) Medical wastes, except as specifically authorized by the City in a wastewater discharge permit; (14) Wastewater causing, alone or in conjunction with other sources, the Treatment Plant's effluent to fail a toxicity_ test; (15) Detergents, surface-active agents, or other substances which may cause excessive foaming in the Treatment Works; (16) Fats, oils, or greases, whether emulsified or not, or wastewater containing fats, oils or greases, whether emulsified or not, in concentrations in excess of 100 my/1 or substances which may solidify or become viscous at temperatures between 32°F and 150°F (0°C and 65°C), and provided further that the user complies with the requirements of the City's high strength sewer surcharge system. (C) The City is obligated to develop and enforce local limits necessary to implement and enforce the general and specific prohibitions (40 CFR 403.5). Such local limits may be imposed on industrial users directly through the sewer use ordinance, through industrial user permits, and through additional control mechanisms the City intends to use as part of its pretreatment program. (D) Local limits for the South Central Regional Wastewater Treatment and Disposal Board apply to the Sanitary Sewer and are hereby listed as follows: CITY OF DELRAY BEACH UTILITIES DISCHARGE LIMITS Parameter New Limit Metals Antimony 2.0 MG/L Arsenic 1.06 MG/L Cadmium 0.98 MG/L Chromium ............... Hexavalent 0.5 MG/L Chromium-Total 17.70 m.q/I Copper 16.39 m.q/I Iron 5 m,q/I Lead 1.80 mg/I Mercury 0.77 m.q/I Molybdenum 1.48 mg/I Nickel 0.95 mg/I Selenium 1.72 m.q/I Ord. No. 4-02 Silver 2.96 m,q/I Zinc 0.95 m,q/I Inorganics Ammonia Chloride Cyanide (surchar.qe) Cyanide Amenable to Chlorination Fluoride Ph 100 mg/I 600 mq/I 5.61 m,q/I 0.5 m,q/I 0.5 m.q/I 50 m,q/I 5-5 - 9.5 Std Units Or!aanics CBOD (surchar.qe) COD (surchar.qe) Oil and Grease 500 m,q/I 1000 mg/I 250 m,q/I Petroleum Hydrocarbons Phenol 25 mq/I 5.0 m,q/I Phenolic Compounds, Total Total Toxic Organics TSS (surcharge) Particle Size 5.0 m.q/I No 1 >1.0 m.q/I 500 m.q/I <1/2" Radioactive Elements Are Prohibited Section 11. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.052, "Discharge of Certain Wastes Restricted", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by repealing Section 53.052 and enacting Section 53.052 "National Categorical Pretreatment Standards" to read as follows: Ord. No. 4-02 D A D A ~g.~;,,~ T~+~I ~ ~ !ran 5.00 Lead 0.9 ....... ~ 0.25 q;1 .... 1.0 Zinc 2.00 Inorzar.!c: Ord. No. 4-02 Eio!og!ca! Oxygen Chemical Oxygen r~· a(COD). . Dh~l 22O 100 Phenolic Compound:, T .... 1 25 5.0 0.5 *Analytical.~ou·.o~+- beW,'een "L;~;' ...... (first ...... ~..," ~:~r s'~ch~ge (refer to (L) Volume of flow Ord. No. 4-02 Section 53.052 NATIONAL CATEGORICAL PRETREATMENT STANDARDS; (A) The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405- 471 are hereby incorporated. (1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6 (C) and Florida Administrative Code 62-625-410(4). (2) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6 (E) and Florida Administrative Code 62-625-410(6). (3) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13 and Florida Administrative Code 62-625-700, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. (B) Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. Section 12. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.053, "Pretreatment, Equalization of Waste Flows", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.053 PRETREATMENT~ EQUALIZATION OF WASTE FLOWS. Ord. No. 4-02 (A) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 53.0531, and which, in the judgment of the ~ Director, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the ~tt~t4es Director may: (1) Reject the wastes; (2) Require pretreatment to an acceptable condition for discharge to the public sewers; (3) Require control over the quantities and rates of discharge; or (4) Require payment to cover the added cost of handling and treating the wastes not covered by existing fees or sewer charges as contained in the City's high strength sewer surcharge. (B) If the P©TW Board and the City permits the pretreatment or equalization of waste flows, the plans for the design and installation of the equipment shall be subject to the review and approval of the P©TW Board and the City and subject to the requirements of applicable codes, ordinances, laws, and compliance schedules as established by the City. In addition, any major contributing industry as defined by 40 CFR 403 shall comply with 40 CFR 403.12 and any other regulation as shall from time to time be established by the EPA or other appropriate regulating governmental agency. Section 13. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.054, "Interceptors", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.054 INTERCEPTORS. (A) Grease, oil, hair, lint and sand interceptors are to be provided when, in the judgment of the ~ Director, they are necessary for the proper handling of liquid wastes containing grease or any other restricted substance in excessive amounts or any flammable wastes, sand, or other harmful ingredients; except that those interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City and shall be so located as to be readily and easily accessible for cleaning and inspection. (B) All new and existing businesses or industries that wash cars will be required to install and maintain an oil/water separator in the sewer service discharge. For outdoor car washing, the wash pad must be sheltered so Stormwater will not be discharged to the sanitary sewer system. Complete containment of all car wash areas using curbing or mountable traffic bumps is required to prevent runoff of wash discharge to storm drainage facilities. All new and existing businesses or industries that use petroleum base products in day to day activities will be required to install an oil/water separator in the sewer service discharge if floor drains connect to the Sanitary Sewer. No domestic effluent shall be allowed to discharge through the oil/water separator as stated in the plumbing code section of the Florida Building Code. Ord. No. 4-02 Section 14. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.056, "Admission of Industrial and Commercial Waste", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.056 ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE. All users of the sanitary sewers shall recognize and comply with the following: (A) The economy and desirability of the combined treatment of industrial and commercial wastes and sanitary sewage is recognized. However, not all types and quantities of industrial and commercial wastes can be so treated. It shall be the City's policy to admit the types and quantities of industrial and commercial wastes that are not harmful or damaging to the structures, processes or operation of the sewage works or are not specifically prohibited. In all cases, a special permit will be issued which will state specific conditions and requirements to be maintained. It is also recognized that to provide this service, additional facilities or treatment are required. The cost of which must be borne by the user receiving the benefits. (B) (1) Approval in advance by the City is required for the anticipated admission into the public sewers of industrial or commercial wastes having~ where the local limits will be exceeded for the following: C.B.O.D. C.O.D. Suspended Solids Ammonia Nitrogen Oil/Grease Content Total Toxic Organic Content (d) ....^" oil/gr (2) The user shall provide chemical analyses of the discharge according to a schedule to be established by the P©TW City and continued discharge shall be subject to approval of the City. (C) Samples shall be collected so as to be a representative sample of the actual quality of the wastes. Samples for analysis may be collected by the user or his representative. Analysis shall be made by a registered sanitary engineer or graduate chemist whose qualifications are acceptable to the City or a Ord. No. 4-02 wastewater treatment plant operator licensed and registered in the state, or a water testing laboratory certified by the state, using the laboratory methods for the examination of wastewater as set forth in 40 CFR 136. (D) When required by the ldOtilies Director, any establishment discharging industrial or commercial wastes into the sewer system shall construct and maintain at its sole expense a suitable control manhole or other suitable control station downstream from any treatment, storage, or other approved works to facilitate observation, measurement and sampling of all wastes including all domestic sewage from the establishment. The location and methods of construction of the control station shall be approved by the ~ Director. The control station shall be maintained by the establishment so as to be safe and accessible at all times. If any establishment wishes to meter its waste discharge into the sewer system to verify in-product water retention or other uses of metered flow, they may, at their sole expense, install a flow-metering device as approved by the ~ Director. The control station shall be accessible to City personnel at all times for sampling. When required, construction of those facilities shall be completed within ninety (90) days following written notification by the City. Section 15. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.057, "Oil and Grease Management and Surcharge Programs", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follows: Section 53.057 OIL AND GREASE MANAGEMENT AND SURCHARGE PROGRAMS. (A) Purpose and Intent The purpose of this section is to provide for the implementation of the Oil & Grease Management Program and the Surcharge Program. The objective of the Oil & Grease Management Program is to minimize the introduction of fat-soluble wastes to the collection system. The objective of the Surcharge Program is to recover the costs from users for receiving and treating abnormally high strength compatible wastes, such as CBOD and TSS. (B) Oil & Grease Prevention Program (1) The discharge by a user to the Public Sewer of certain liquids or wastes is prohibited unless authorized under the provisions of this section. (2) Wastes, which contain oil and grease, max/be discharged to the Public Sewer in accordance with the conditions set forth in this section. (3) Wastes containing oil and grease, including materials processed through garbage grinders, shall be directed to a grease interceptor or trap. (4) Wastes containing residual (trace amounts) petroleum based oil and grease shall be directed to an oil/water separator. (5) Sanitary facilities and other similar fixtures shall not be connected or discharged to an oil and grease interceptor or an oil/water separator. Ord. No. 4-02 (6) Liquid wastes shall be discharged to an oil and grease interceptor or oil/water separator through the inlet pipe only and in accordance with the design/operating specifications of the device. (7) Oil and grease interceptors and oil/water separators shall be installed in a location that provides easy access at all times for inspections, cleaning and proper maintenance, including pumping. (8) Minimum removal efficiency for oil and grease interceptors for animal fats and vegetable oils shall be eighty (80%) percent. Minimum removal efficiency for oil/water separators for trace petroleum based wastes shall be ninety (90%) percent. (9) The Director may request that the non-residential user provides documentation on the design and performance of the oil and grease interceptor or oil/water separator, including but not limited to, catalog cuts, performance data, materials of construction, installation instructions and operation and maintenance manual. (10) The Director at his/her discretion may assign a non-residential user to the Surcharge Program if, in his opinion, discharges from the non-residential connection will have a negative impact on the Treatment Works. (C) Design (1) Oil and grease interceptors and oil/water separators shall be designed and constructed in accordance with this Section, the City's Engineering Standards Manual, latest edition, and other applicable State and local regulations. Design and construction shall be approved by the City. (2) The design of oil/water separators shall be based on peak flow and where applicable, capable of treating and removing emulsions. Oil/water separators shall be sized to allow efficient removal (retention) of the petroleum-based oils and grease from the user's discharge to the Public Sewer. (3) Alternative oil and grease removal devices or technologies shall be subject to written approval by the City and shall be based on demonstrated (proven) removal efficiencies. Under-the-sink oil and grease interceptors are prohibited for new facilities. (4) An adequate number of inspection and monitoring points, such as a control manhole or inspection box, shall be provided. (D) The capacity of the approved oil and grease interceptor and oil/water separator shall be in accordance with the requirements set forth in the latest edition of the Engineering Standards Manual. The Director may modify the requirements on a case by case basis. (E) Maintenance (1) Cleaning and maintenance shall be performed by the user. Cleaning shall include the complete removal of all contents, including floating materials, wastewater, and bottom sludge and solids. Ord. No. 4-02 (2) Decanting, back flushing or discharging of removed wastes back into the oil and grease interceptor of oil/water separator from which the waste was removed or any other oil and grease interceptor or oil/water separator, for the purpose of reducing the volume to be hauled and disposed is prohibited. (3) Oil and grease interceptors and oil/water separators shall be pumped out completely at a minimum frequency of once every ninety (90) days, or more frequently as needed to prevent carry over of oil and grease into the collection system. Under-the-sink oil and grease traps shall be cleaned at a minimum frequency of once per week, or more often as necessary to prevent pass through of grease and other food solids to the collection system. Cleaning and maintenance shall include removal of materials from the tank walls, baffles, cross pipes, inlets and outlets. (4) Pumping frequency shall be determined by the City based on flows, quantity of oil and grease in the discharge, volume of business, hours of operations and seasonal variations. However, in no event shall the time frame between the pumping of the oil/water interceptor or oil/water separator exceed 90 days. The user shall be responsible for maintaining the oil and grease interceptor or oil/water separator in a satisfactory condition for efficient operation. An interceptor shall be considered to be out of compliance if the grease layer on top exceeds six (6) inches and the solids layer on the bottom exceeds twelve (12) inches or if removal efficiencies as determined through sampling and analysis indicate less than eighty (80%) percent. (5) Wastes removed from each oil and grease interceptor or oil/waste separator shall be disposed of at a facility permitted to receive such wastes or a location designated by the City for such purposes, in accordance with the provisions of this section. In no way shall the pumpage be returned to any private or public portion of the collection system or the treatment plants, without prior written approval from the Director. (6) Additives placed into the oil and grease interceptor, (oil/water separator) or building discharge line on a constant, regular or scheduled basis shall be reported to the City in writing at least five (5) days prior to use. Such additives include, but are not limited to, emulsifiers, enzyrnes, commercially available bacteria or other additives designed to absorb, purge, consume, treat or otherwise eliminate grease and oils. Any use of additives shall be approved in writing by the Director prior to introduction into the waste stream, interceptor or separator. The use of additives, shall, in no way be considered as a substitution for the maintenance procedures required herein. (F) Facility information (1) A log of pumping activities shall be maintained by the user for the previous twelve (12) months. The log of pumping activities shall be posted in a conspicuous location for immediate access by City personnel. The log shall include the date, time, volume pumped, hauler's name and license number and hauler's signature. The user shall report pumping activities within forty-eight (48) hours to the City on the form so designated by the City for such purposes. (2) The user shall maintain a file on site of the records and other documents pertaining to the facility's oil and grease interceptor or oil/water separator. Required file contents shall include, as a Ord. No. 4-02 minimum, the record (as-built) drawings, record of inspections, log of pumping activities and receipts, log of maintenance activities, hauler information, disposal information and monitoring data. The file shall be available at all times for inspection and review by the Director. (G) Enforcement and Noncompliance (1) Noncompliance with the requirements of this section may result in enforcement action by the City including, but not limited to, termination of water service. (2) The user shall pay all outstanding fees, penalties and other utility charges prior to reinstatement of water and sewer service. (3) Any user in the oil and grease management program found in violation of the provisions in this section, and any orders, rules, regulations and permits that are issued pursuant to the Chapter, shall be served by the City with written notice by personal delivery or by registered or certified mail that states the nature of the violation and providing a reasonable time limit for satisfactory correction of the violation. The affected user shall permanently cease all violations within the time period specified in the notice. Section 16. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.060, "Compliance", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.060 COMPLIANCE. (A) Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations and as required by the City. Industrial users with integrated facilities shall comply with any alternative discharge limits as set by the City. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained solely at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review at the request of the City. The review of those plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the City prior to the user's initiation of the changes. (B) All records relating to compliance with pretreatment standards shall be available to officials of the City, the P©TW Board, EPA, or FDEP upon request. Section 17. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.063, "Excessive Discharge/Water Meter Requirements", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.063 EXCESSIVE DISCHARGE/WATER METER REQUIREMENTS. Ord. No. 4-02 (A) All users are prohibited from increasing the use of process water or, in any way, attempting to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national categorical pretreatment standards, alternative discharge limits, or in any other pollutant-specific limitation developed by the City or state. (B) All categorical and significant industrial users are required to possess their own individual water meter for purposes of monitoring the water consumption of that specific facility for any given time interval. At the discretion of the ~ Director or his/her designee, any industrial or commercial user may be required to have a separate water meter to monitor the water consumption of that specific facility for any given time interval. The size requirements for a water meter will be based on known water consumption or the average of three similar industries or will be determined by the ~ Director arbitrarily in the absence of available data. All costs related to the installation of the water meter shall be borne by the user for which it was intended at the prevailing rate. Section 18. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.064, "Prevention of Accidental Discharges", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.064 PREVENTION OF ACCIDENTAL DISCHARGES. (A) Where determined by the ~ Director, a user shall provide protection from accidental discharge of restricted and prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited and restricted materials shall be provided and maintained at the owner's expense. (B) Prevention of accidental discharges requires, but is not limited to, providing secondary containment for storage of potentially hazardous and/or regulated materials. The containment requirements are those now specified in, but not limited to, 40 CFR 264.170 through 176, (City of Delray Beach Code of Ordinances Wellfield Protection Ordinance 88-7 Section 5.01 through 5.04), Sections 96.40 through 96.47. Containment requirements must also meet or exceed the following criteria of this subchapter: (1) Containment Volume to be provided shall be 150% of the total stored material. (2) Total Above Ground Storage shall be less than 40,000 gallons. No one item larger than 6,000 gallons and no more than six (6) items at 6,000 gallons each are permitted at one site. (3) Storage Sheltering. All outdoor storage shall be sheltered from rainfall, or a suitable means of removing rainwater from secondary containment areas shall be provided. condition. permitted. (4) Conditions of the Stored Vessel. All stored containers shall be maintained in sound No rust, corrosion or other signs of deterioration of the primary containment wall shall be All stored containers shall be closed and sealed during storage. (5) Segregation of Chemically Reactive Contents. Materials which are potentially reactive with each other shall not be stored in the same containment area, unless physical barrier separations are provided within the common area. Ord. No. 4-02 (6) Stand-by Materials/Equipment. Absorbents and pumps for pumping out spills shall be available when needed. (7) Design of Containment Floor/Base. The floor or base of the containment area on which the stored vessels rest shall either be sloped or raised or provided with a drain faucet to prevent or minimize contact between the storage container wall and spilled content. (8) Materials of Construction for Containment. The walls, sidings and floor or base of the containment area shall be constructed of materials which are chemically inert with the stored materials and which render the provided containment volume leak proof. (C) On the request of the City, the user shall be required to submit detailed plans showing facilities and operating procedures to provide this protection. All required users shall complete this plan within ninety (90) days after notification by the City. If further required by the City, a user who commences contribution to the public sewers after the effective date of this chapter shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of those plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements. (D) In the case of an accidental discharge, it is the responsibility of the user to immediately notify by telephone the ~ Director, the Executive Director og~tl~4[}-T3~, and the POTW City. The notification shall include location of discharge, type of material, concentration and volume, and corrective actions. Section 19. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.065, "Written Report Required Describing Cause of Discharge", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.065 WRITTEN REPORT REQUIRED DESCRIBING CAUSE OF DISCHARGE. Within five (5) days following an accidental discharge, the user shall submit to ~ the City a written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. The notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the sanitary or storm sewer system, the P©TW Treatment Works, fish kills, or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law. Section 20. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.067, "Notification of the Discharge of Hazardous Wastes", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.067 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTES. (A) All industrial users shall also have provisions for notifying the Executive Director Ord. No. 4-02 P©TW, the EPA Regional Waste Management Division Director, and the State hazardous waste authorities in writing of any discharge into the City sewer system of a substance which is a listed or characteristic waste under Section 3001 of RCRA or 40 CFR Part 261. Such notification must include a description of any such wastes discharged, specifying the volume and concentration of such wastes and the type of discharge (continuous, batch, or other), identifying the hazardous constituents contained in the listed wastes, and estimating the volume of hazardous wastes expected to be discharged during the following twelve months. This requirement shall not apply to pollutants already reported under the self-monitoring requirements. (B) Dischargers to the sanitary sewer system are exempt from notification requirements during a calendar month in which they generate no more than one hundred (100) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes which requires a one-time notification. Subsequent months during which the industrial user generates more than one hundred (100) kilograms of hazardous waste do not require additional notification, except for the acute hazardous wastes specified in 40 CFR 261.5(e), (f), (g) and (j). (C) In the case of new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the ~ Director of the discharge of such substance within ninety (90) days of the effective date of such regulations, except for the exemption in paragraph (B) of this section. (D) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of wastes generated to the degree it has determined to be economically practicable and that it has selected the method of treatment, storage, or disposal currently available which minimizes the present and future threat to human health and the environment. Section21. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.080, "Compliance Date Report", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.080 COMPLIANCE DATE REPORT. Within thirty (30) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the public/sanitary sewer system, the user shall submit to the Ig6ti6es Director, a monitoring report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by those pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards and requirements are being met on a consistent basis and, if not, what additional pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. All monitoring analytical results must be submitted to the City within 45 days of sample collection. This statement shall be signed by a registered professional engineer authorized to act on behalf of the user. Ord. No. 4-02 Section22. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.081, "Periodic Compliance Reports", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.081 PERIODIC CO}.'!PL!ANCE P. EPORTS REPORTING REQUIREMENTS. (A). Periodic Compliance Reports. Each significant industrial user or permittee, ,,,^~ ~'~*~'~,,,,.,, shall submit to the City during the months of May and November, unless required more frequently in the pretreatment standards or by the City, a report indicating the nature and concentration of pollutants in the effluent which are limited by those pretreatment standards or this chapter. In addition, this report shall include a record of daily water consumption which, during the reporting period, exceeded the average daily water consumption reported in the submission information. At the discretion of the City and in consideration of such factors as local high or low flow rates, holidays, budget cycles, and the like, the City may agree to alter the months during which the above reports are to be submitted. The user shall be responsible to quantify that fraction of daily water consumption designated for discharge to the sanitary sewer, if different from the total water consumption. (B) Reports of Changed Conditions. Each user must notify the City of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change. (1) The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission under Section 53.101 (A). (2) The Director may issue a wastewater discharge permit under Section 53.102 of this ordinance or modify an existing wastewater discharge permit under Section 53.102 of this ordinance in response to changed conditions or anticipated changed conditions. (3) For purposes of this requirement, significant changes include, but are not limited to, flow 20% percent or greater, and the discharge of any previously unreported pollutants. (C) Reports of Potential Problems. (1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the Treatment Works, the user shall immediately telephone and notify the City of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. (2) Within five (5) days following such discharge, the user shall, unless waived in writing by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the Treatment Works, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this ordinance. Ord. No. 4-02 (3) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph (1), above. User shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure. (D) Report from Unpermitted Users. (1) All users not required to obtain a wastewater discharge permit shall provide reports to the City timed to coincide with the facility pumping schedule and containing information as described in Section 53.057(F). (E) Timing. (1) Written reports shall be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. Section 23. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.082, "Inspection and Sampling", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.082 INSPECTION AND SAMPLING. (A) The City, through its employees, is authorized to inspect the facilities of any user to ascertain whether all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access at all times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying, or in the performance of their duties. The City, P©TW Board, FDEP, and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring, or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, P©TW Board, FDEP and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (B) Administrative Inspection Warrants. If the City has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City may seek issuance of an inspection warrant pursuant to Sections 933.21-933.26, Florida Statutes, from the Palm Beach County Court. Section24. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.083, "Information and Data to be Made Available", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Ord. No. 4-02 Section 53.083 INFORMATION AND DATA TO BE MADE AVAILABLE. Information and data on a user obtained from reports, surveys, wastewater discharge permit application, wastewater discharge permits, and monitoring programs, and from City inspection and sampling activities, shall be available to the public without restrictions, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, process, or methods of production entitled to protection as trade secrets under applicable State law. When requested by the user furnishing a report which has been demonstrated to the satisfaction of the Director to disclose trade secrets or secret processes, the report shall not be made available for inspection by the Public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be made available to the public without restriction. Section 25. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.084, "Analytical Requirements", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follows: Section 53.084 ANALYTICAL REQUIREMENTS. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA. Section 26. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.085, "Sample Collection", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follows: Section 53.085 SAMPLE COLLECTION. (A) Except as indicated in Subsection (B), below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is not feasible, the Director may authorize, in writing, the use of time proportional sampling or a minimum of four (4) samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. Ord. No. 4-02 (B) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. Section27. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.100, "Special Permit Required;Term", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed and Section 53.100 "Permit Requirements" is hereby enacted to read as follows: Section 53.100 PERMIT REQUIREMENTS. (A) Wastewater Analysis. When requested by the City, a user must submit information on the nature and characteristics of its wastewater within 60 days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information. (B) Wastewater Discharge Permit Requirement. (1) No significant industrial user shall discharge wastewater into the Treatment Works without first obtaining a wastewater discharge permit from the City, except that a significant industrial user that has filed a timely application pursuant to Subsection (C) of this Section may continue to discharge for the time period specified therein. (2) The City may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this ordinance. (3) Any violation of the terms and conditions of a waste water discharge permit shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set out in Section 53.999 of this ordinance and the City's Enforcement Response Plan. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. (C) Wastewater Discharge Permitting; Existing Connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the Treatment Works prior to the effective date of Ordinance No. 4-02 and who wishes to continue such discharges in the future, shall, within 30 days after said date, apply to the City for a wastewater discharge permit in accordance with Section 53.101 of this ordinance, and shall not cause or allow discharges to the Treatment Works to Ord. No. 4-02 continue after 30 days following the effective date of Ordinance 4-02 except in accordance with a wastewater discharge permit issued by the City. (D) Wastewater Discharge Permitting; New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the Treatment Works must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 53.101 of this ordinance, must be filed at least 30 days prior to the date upon which any discharge will begin or recommence. Section28. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.101, "Application for Permits", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed and Section 53.101 "Permit Applications" is hereby enacted to read as follows: 3'ear': fees ,s stated m Sect';on ~ I 3")~. ............. on waste characterigtics not adequate ' described Ord. No. 4-02 Section 53.101 PERMIT APPLICATION. (A) Contents of Application. All users required to obtain a wastewater discharge permit must submit a permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. The Director may require all users to submit as part of an application the following information: (1) All information required by Section 53.080 of this ordinance; (2) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be discharged to the Treatment Works; operation; (3) Number and type of employees, hours of operation, and proposed or actual hours of production; (4) Each product produced by type, amount, process or processes, and rate of (5) Type and amount of raw materials processed (average and maximum per day); (6) Site plans, floor plans, mechanical and plurnbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; (7) Time and duration of discharges; and (8) Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge permit application. (B) Application Signatories and Certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons, who manage the system, information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (C) Wastewater Discharge Permit Decisions. The City will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete wastewater discharge Ord. No. 4-02 permit application, the City will determine whether or not to issue a wastewater discharge permit. The City may deny any application for a wastewater discharge permit if it is determined that the anticipated discharges from the facility will have a negative impact on the Treatment Works. Section29. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.102, "Permit Administration", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follows: Section 53.102 PERMIT ADMINISTRATION. (A) Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire. (B) Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent Pass Through or Interference, protect the quality of the water body receiving the treatment plant's effluent, and protect against damage to the Treatment Works. (1) Wastewater discharge permits must contain: (a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years. (b) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Subsection (D) of this Section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; (c) Effluent limits based on applicable pretreatment standards; (d) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; and (e) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law. conditions: (2) Wastewater discharge permits may contain, but need not be limited to, the following (a) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization; Ord. No. 4-02 (b) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; (c) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non routine discharges; (d) Development and implementation of waste minimization plans to reduce the mount of pollutants discharged to the Treatment Works; (e) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the Treatment Works; (f) facilities and equipment; Requirements for installation and maintenance of inspection and sampling (g) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and (h) Other conditions as deemed appropriate by the Director to ensure compliance with this Chapter, and State and Federal laws, rules, and regulations. (C) Wastewater Discharge Permit Modification. The Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons: (1) requirements; To incorporate any new or revised Federal, State, or Local pretreatment standards or (2) To address significant alterations or additions to the user's operation, process, or wastewater volume or character since the time of wastewater discharge permit issuance; (3) A change in the Treatment Works that requires either a temporary or permanent reduction or elimination of the authorized discharge; (4) Information indicating that the permitted discharge poses a threat to the Treatment Works, City personnel, or the receiving waters; (5) Violation of any terms or conditions of the wastewater discharge permit; (6) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; (7) to 40 CFR 403.13; Revisions of or a grant of variance from categorical pretreatment standards pursuant Ord. No. 4-02 (8) To correct typographical or others errors in the wastewater discharge permit; or (9) To reflect a transfer of the facility ownership to a new owner or operator. (D) Wastewater Discharge Permit Transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days advance notice to the City and the Director approves the wastewater discharge permit transfer. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. The notice to the City must include a written certification by the new owner or operator which: (1) States that the new owner or operator, or both, has no immediate intent to change the facility's operations and processes; (2) Identifies the specific dates on which the transfer is to occur; and (3) Acknowledges full responsibility for complying with the existing wastewater discharge permit. (E) Wastewater Discharge Permit Reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 53.101 of this Code, a minimum of 30 days prior to the expiration of the user's existing wastewater discharge permit. Section 30. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.130 USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE. (A) There is imposed upon the owners or upon the users of each retail and wholesale customer served by the sewer system, a monthly user charge for the use thereof as follows: (1) Sewer Rates. A charge for waste resulting from human occupancy which shall include all of the following factors for the operation of the collection system and treatment of wastewater by the regional wastewater facility: (a) (b) (c) (d) (e) Operation and maintenance Debt service Capital costs System expansion Others as applicable Consult Utility Billing for the prevailing rates expressed as $/1,000 gallons of water consumption. Ord. No. 4-02 (2) Sewer Surcharge. A surcharge for waste which exceeds parameters for strength established in this code may be assessed to applicable customers, pursuant to Section 53.130(G). (B) Connection Charges. (1) In addition to the rates set forth in Section 54.130(D), them is established a sewer connection charge for each connection to the City sewage collection system. The sewer connection charge shall be $1,084 for each separate residential unit or per Equivalent Residential Connection for non- residential units. A residential dwelling unit is defined in Section 53.004. (2) Connection charges by users of the City sewage system wholly outside the corporate limits of the City are fixed at sums equal to the rates shown in the above schedule in division (A) of this section, plus twenty-five percent (25%) of each respective classification. The connection charge shall be paid to the City at the time of obtaining a permit for a connection and shall be in addition to the permit fee. The size of the connection shall be determined by the Plumbing Inspector in accordance with Articles 7.6 and 7.7 of the Land Development Regulations. (C) There shall be a non-residential sewer connection charge which shall be based on $1,084 per Equivalent Residential Connection (E.R.C.). Equivalent Residential Connection shall be calculated as follows: Estimated Flow in Gallons Per Month E.R.C. Units = 7,000 Where an estimated flow is not available, the following formula shall be used with reference to the Standard Plumbing Code adopted by reference in Article 7.6 of the Land Development Regulations. Total Fixture Units E.R.C. Units = 16 (D) system: The following rates and charges shall be collected from the users of the City sewerage (1) Residential dwelling units. A monthly sanitary sewer service charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage sewage system, according to the following schedule: Residential (a) Customer charge (b) Capacity charge (per residential dwelling unit) 9.65 (c) Commodity charge (based on metered water with maximum of 12,000 gallons) City (per 1,000 gallons) 1.17 Inside City Outside City $ 1.61 $ 2.01 12.06 1.46 South Central Regional Ord. No. 4-02 Wastewater Treatment And Disposal Board (per 1,000 gallons) 0.70 0.88 NOTES: Where no water service is provided and the user is connected to the sanitary sewer system, there shall be a monthly customer charge of $5.00 per residential dwelling unit, and the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition to the capacity charges as set forth above. Where no water service is provided and the user is not connected to the sanitary sewer system, and sewer service is available for connection, there shall be a monthly customer charge of $5.00 per residential unit and a capacity charge as set forth above. (2) Nonresidential/commercial units. A monthly sanitary sewer service charge is imposed upon each commercial and nonresidential unit to which sanitary sewage service is available through the facilities afforded by the municipally-owned sea~,~mge sewage system, according to the following schedule: Nonresidential/Commercial Inside City Outside City (a) Customer charge $ 1.61 $ 2.01 (b) Capacity charge (per meter) 3/4-inch meter $ 9.65 $12.06 1-inch meter 16.11 20.14 1-1/2 inch meter 32.11 40.14 2-inch meter 51.40 64.25 3-inch meter 112.52 140.65 4-inch meter 202.47 253.09 6-inch meter 449.98 562.48 8-inch meter 772.00 965.00 1 O-inch meter 1,222.37 1,527.96 (c) Commodity charge City (per 1,000 gallons) 1.17 1.46 South Central l~egional Wastewater Treatment and Disposal Board (per 1,000 gallons) 0.70 0.88 NOTE (1): For those nonresidential/commercial units where water service is not available, and the user is Ord. No. 4-02 connected to the sanitary sewer system or sewer service is available for connection, there shall be a monthly customer charge of $5.00 and a capacity charge as set forth above. The commodity charge shall be based on the average usage for the type of business or nonresidential use. NOTE (2): The customer charges and capacity charges as set forth in this section shall be due and payable each and every month, regardless of whether or not the water service is available or the water meter is actually turned on or off and without regard to usage or occupancy. (3) 8ewer-ag, e Sewaue flow determination. The number of gallons of monthly ~ sewage flow for residential and nonresidential/commercial units shall be based upon the water usage for those units as indicated by a water meter, unless a customer installs at no cost to the City a separate meter to measure the actual scm,emge sewage flow from the subject unit. A separate meter may be used to measure actual ~ sewage flow for the calculation of charges only when the location, installation, and type of meter have been approved by the City Manager or his/her designee. (4) When effective. The initial rates for charges shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineer, and accepted by the City. (E) No sewer service shall be furnished or rendered free of charge to any person whomsoever, and the City, county, state, and the United States of America, and every agency, department, and instrumentality thereof, except where the City Water and Sewer Fund is the user, which uses any sewer service from the sewemg~ sewage system, shall pay therefore at the rate fixed herein. (F) Wholesale Sewer Rates. (1) This section is applicable to those wholesale customers which maintain their own wastewater collection systems. They shall be charged a flat rate per 1,000 gallons, the quantity of which shall be determined by the metering of the wastewater discharge from each wholesale customer's individual wastewater collection system. (2) The metering device shall be satisfactory to the City and shall provide for a separate remote 30-day recording device which shall have a totalizer. Location of the metering device shall be at an accessible location as agreed upon by the parties involved and as further explained and stipulated in an agreement to be executed by both parties. (3) All costs incident to the furnishing, installation, initial calibration, and maintenance on a continuing basis of the meter, are and shall be, the wholesale customer's responsibility. The wholesale customer will provide to the City or its designated representative full details on the proposed meter installation and assurance that the installation will commence only upon the written authorization of the City. The City shall provide an authorization within ten (10) days after receipt by the City of the details of the above proposed meter installation. (4) The meter shall be read monthly by a duly authorized agent of the City, and the wholesale customer shall provide access to the meter for this purpose. In the event of suspected inaccuracy in meter readings, the City shall have the right to request that the meter be tested by an independent Ord. No. 4-02 organization in accordance with standard practices. If the meter shall be found inaccurate or defective, the cost of the meter test shall be borne by the wholesale customer. If the meter shall be found to be accurate and in good condition, the cost of the meter test shall be borne by the City. (5) In the event of extenuating circumstances, the Commission may, at its discretion, direct that sufficient proof other than the installation of a metering device may be acceptable to determine the quantity of wastewater discharge. (G) Calculation of Sewer Surcharge (1) Calculation of the sewer surcharge shall be in accordance with the following: LOCAL LIMITS (ALLOWABLE STRENGTH ) REFERENCE AT SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD. Percent of Allowable Level Parameter Effect on Costs of Sewage Strength BOD--5- 41 220 500 mg/1 (ppm) TSS 15 175 500 mg/l (ppm) Ammonia 41 g0 100 mg/1 (ppm) COD 41 ~.~.0 1000 mg/1 (ppm) Oil/Grease 41 ! 00 250 mg/1 (ppm) Let: F = F1 + F2 + F3 + F4 Where: F= The F1 = The F2 = The F3 = The F4 = The factor to multiply the sewer rate for a surcharge due to excess strengths strength factor for BOD--5 or COD, whichever is higher. strength factor for TSS (total suspended solids) strength factor for ammonia (total ammonia) strength factor for oil/grease. (2) The surcharge will be added to the sewer rote commodity charge to develop the monthly cost per customer. As an example of sewer charge calculations utilizing sewer r~e commodity charge and the strength surcharge formula, assume the following with respect to Ajax Manufacturing Company: total monthly flow of 100,000 gallons; C.O.D. of n. 75 1~200 mg/1; B.O.D.--5 of 500 1~000 mg/1; total suspended solids of 900 2~000 mg/1; ammonia at !00 200 mg/1; oil/grease at 200 500 mg/1; prevailing monthly sewer r-ate commodity charge is $1.79 1.97 per 1,000 gallons: (a) Sewer Rate Commodity Charge: $ ! .79 1.97/1,000 gallons (100,000 gallons per month) = $4--7-9 197/month (b) Sewer Surcharge Calculation: 0.41 (1~200 - 500) = 0.57 500 Ord. No. 4-02 F2 = n 15 (900 1',~ - ...... .~ 0.62 175 0.15 (2,000 - 500) = 0.45 500 F3 = n,,.~.,~l ,,~ ~.-~-~-.~,tl nn ~cv, - n,,.,~l,. 0.41 (200 - 100) = 0.41 -50 100 0.41 (500- 250) = 0.41 250 F = 0.57 + 0.45 + 0.41 + 0.41 = 1.84 (c) Total Monthly Charge (Sewer ~ Commodity Charge plus Surcharge): $!79 197/month + $179 197/month (4-:96) (1.84) = $5g9414 $559.48 (H) All statements for sewer service shall be submitted monthly on the same statement as the charges for water service and shall be due and payable at the same time as the statement for water service. However, the charge for sewer service shall be made a separate item on the statement. Initial and final billing shall be prorated based on service dates. Nonpayment of these charges shall render the user subject to the provisions of Section 52.51 provided for nonpayment of water bills as now or hereafter established by the ordinances of this City. The owner of the property being serviced by City sewer shall be responsible for all charges against that property for sewer use, unless otherwise prohibited by law. Charges for delinquent accounts shall include collection costs and reasonable attorney fees. Section31. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.140, "Right to Enter Premises and Obtain Information Concerning Discharges", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.140 RIGHT TO ENTER PREMISES AND OBTAIN INFORMATION CONCERNING DISCHARGES. (A) To the extent permitted by general law, the proper official and other duly authorized employees of the City or the P©TW Board bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The official or his representatives will not inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (B) To the extent permitted by general law, the proper official and other duly authorized employees of the City or the P@TW Board bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within that easement. Ord. No. 4-02 Section32. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.141, "Suspension of Wastewater Treatment Service; Notice to Stop Discharge; Failure to Comply", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.141 SUSPENSION OF WASTEWATER TREATMENT SERVICE; NOTICE TO STOP DISCHARGE~ FAILURE TO COMPLY. (A) The City may suspend the wastewater treatment service to any user, including other local governments, when the suspension is necessary, in the opinion of the IggtiOes-Director, in order to stop an actual or threatened violation which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the P©TW Treatment Works, causes the P©TW Treatment Works to violate any condition of its NPDES permit, or causes the City to be in violation of any of its agreements with the P©TW Board. (B) Any user notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event the user fails to voluntarily comply with the suspension order, the City shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the City or ~ Treatment Works or endangerment to any individuals. The City may reinstate the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within fifteen (15) days fi.om the date of occurrence. Section33. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.150, "Notification of Violations", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.150 NOTIFICATION OF VIOLATIONS: CONSENT ORDERS. (A) Notification of Violation. Whenever the City finds that any user has violated or is violating any of the provisions of this chapter, or any prohibition, limitation or requirement contained herein, or any regulation promulgated by the City pursuant to this chapter, the City may serve upon that user a written notice stating the nature of the violation. Within thirty (30) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the notified user. (B) Consent Orders. The City may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Section 53.152(D) of this ordinance and shall be judicially enforceable. Section34. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.155, "Affirmative Defenses to Discharge Violation", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follows: Ord. No. 4-02 Section 53.155 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATION. (A) Upset. For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (1) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements below are met. (2) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (a) An upset occurred and the user can identify the cause(s) of the upset; (b) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and (c) The user has submitted the following information to the City within twenty- four (24) hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five (5) days: 1. A description of the indirect discharge and cause of noncompliance; 2. The period of noncompliance, including exact dates and time or, if not corrected, the anticipated time the noncompliance is expected to continue; and recurrence of the noncompliance. Steps being taken and/or planned to reduce, eliminate, and prevent (d) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. (e) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. The requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (B) Bypass. For the purpose of this section, "Bypass" means the intentional diversion of waste streams from any portion of a user's treatment facility. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Ord. No. 4-02 (1) Bypass is expressly prohibited unless specifically authorized by conditions stated in this section. The City may take enforcement action against a user for a bypass, unless: property damage (a) Bypass was unavoidable to prevent loss of life, personal injury, or severe (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The user submitted notices as required under paragraph (B)(3) of this section. (2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in paragraph (B)(1) of this section. (3) Requirements for bypass authorization: (a) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (1) and (2) of this section. (b) If a user knows in advance of the need for a bypass, it shall submit prior notice to the City, at least ten (10) days before the date of the bypass, if possible. (c) A user shall submit oral notice to the City of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The City may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. Section35. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.152, "Show Cause Hearing", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.152 SHOW CAUSE HEARING. (A) Any user subject to enforcement action under the provisions of this chapter may request a hearing before the Director of Env:.rc, r. mer~a! Serv;.ce: within ten (10) days of receipt of notification of proposed enforcement action. The imposition of a surcharge is not considered an enforcement action. A Ord. No. 4-02 heating is to be held by the Director of Env:.ronmenta! Set'Aces concerning the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Director of En¥:.rc, m_enta! Eer';:~ces why the proposed enforcement action should not be taken. (B) The Director of Environmental Ser¥ices may conduct the hearing and take the evidence, or, at the Director's sole discretion, may designate any officer, City employee, or independent arbitrator to: (1) Issue in the name of the City notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in that hearing; hearing); (2) Take evidence and hear testimony (the strict rules of evidence shall not apply to any (3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendation to the Director cf En;a. re:'~enta! Set-,Seca for action thereon. (C) At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded. A transcript of the hearing will be made available to any member of the public or any party to the heating upon payment of the usual charges. (D) After the Director of Env:,rc,:'ane:'~a! Serv':ces has reviewed the evidence, he may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued by the City unless adequate treatment facilities, devices, or other related appurtenances shall have been installed on existing treatment facilities, and that those devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. (E) The City shall also establish and assess against the user appropriate surcharges or fees to reimburse the City for the additional cost of operation and maintenance of the wastewater treatment works due to the violation of this chapter. (F) Any action by the Director cf Enw.'rom,erXa! £ep:ices may be appealed to the City Manager. Section 36. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.154, "Retention of Records Required", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.154 RETENTION OF RECORDS REQUIRED. All users are required to retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereto, relating to monitoring, sampling, waste hauling and chemical analyses made by or on behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the P©TW Board or the City pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. Ord. No. 4-02 Section 37. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.500, "Enforcement Plan", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.500 ENFORCEMENT PLAN. An escalating enforcement strategy shall be used by the City to maintain compliance with this ordinance. The various types of enforcement action shall be used as determined by the Director of Env:.r,v, mr. enta! Ec,.w:.ces in consultation with the Code Enforcement Division or the City Attorney depending on the type or severity of the violation. A copy of the enforcement plan will be kept on file at the P©TW City. Section 38. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.999, "Penalties", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.999 PENALTIES. (A) Any user who is found to have violated an order of the City or who fails to comply with any provision of this chapter for which another penalty is not provided, and the orders, rules, and regulations issued hereunder, shall be penalized up to $1,000.00 per day for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover all reasonable attorney fees, court costs, court reporter fees, and other expenses of litigation by appropriate motions or suit at law against the user or person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder. (B) Any person who shall continue any violation beyond the time limit provided for in Section 53.150 shall be guilty of a violation, and on conviction thereof, shall be penalized in the amount not exceeding $5,000.00 for each violation. Each day in which any violation shall continue shall be deemed a separate offense. (C) Within thirty (30) days of any and all violations, the user shall cause a sample of the discharge to be taken and laboratory analysis performed on said sample at their expense with the results to be provided to the Director ,,c ~,,: ...... ~ ~';~ The Director ^c ~,,~ ...... ,~ e~.:,,,~ may require further sampling at such times as deemed appropriate. (D) Whoever violates Section 53.151 of this chapter shall, upon conviction, be punished by a fine of not more than $1,000.00 or by imprisonment for not more than sixty (60) days, or by both. Section 39. That Chapter Six, "Infrastructure and Public Property", Section 6.1.11, "Sewer System", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 6.1.11 Sewer System: Ord. No. 4-02 (A) Required: Sanitary sewers, properly connected with the City sew~age system shall be provided. In addition to mains, laterals shall be installed to each plotted lot and stubbed off at the property line for future connection. any area described in the fc!!owing v,,,~.,~v,,. (B) Incorporation by Reference: Chapter 53 of the Code of Ordinances of the City of Delray Beach, as it may be amended from time to time, is incorporated herein. {1~ Ord. No. 4-02 ora r ...........~ ....t' ..... : ...... , owner shall obtain .................... i~' ..... to .... S S C.~ 0 stage of ccnstmction, and, in an3' event, the-,vv---~-- rnxx ,; Cemp!-'.anee w~t~ c+o+.o...~ Depa~ment .."~ Envirenmental Regular:an a-a..~ ~+u~.~._.. (1) Ord, No. 4-02 trench, shall al! ~"-¢"'~ to the ..... and regulations of the r~;,. T. ,~ ' ' .... PP-,-'v Section 40. 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 41. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be and the same are Section 42. reading. That this ordinance shall become effective upon its passage on second and final PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of 2002. ATTEST: City Clerk First Reading. Second Reading. MAYOR Ord. No. 4-02