The URL can be used to link to this page

Agenda Reg 08-19-03City of Delray Beach Regular Commission Meeting Regular Meeting 6:00 p.m. Public Heatings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delrsy Beach, Florida 3~.~.~. Phone: (561) 243-7000 Fax: (561) 243-3774 RULF~ FOR PUBLIC PARTICIPATION L PUBLIC COMMENT: The public is encouraged to offer comments with thc 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, remark~ by an individual wffi be limited to three minutes or leu. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. Comments and Inquiries on Non-Agenda Items from thc 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 corninents. 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 thc dais. If you are not able to do so prior to the start of thc 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 PROCEDURE8 Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. ROLL CAI.I., INVOCATION. PLEDGE OF AI J.EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: August 5, 2003 - Reg,,hr Meeting August 12, 2003 - Special Meeting PROCLAMATIONS: B. C. D. Recognizing and Commending the Delray Beach Youth Basketball Teams City of Delray Beach Fire Fighter Appreciation Week - August 25da - September 1, 2003 Literacy Awareness Month - September 2003 National Alcohol and Drug Addiction Recovery Month - September 2003 PRESENTATIONS: Delray Beach Rage U14 Boys Travel Soccer Team - Derek Heruandez Sister Cities/Youth Ambassadors Delray Beach Joint Venture/4 of July Presentation - Marjorie Fetter CONSENT AGENDA: City Manager Recommends Approval. 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 July 31, 2003. RESOLUTION NO. 50-03: Approve Resolution No. 50-03 abandoning a 9' x 90' portion of an alleyway, located on the west side of N.W. 10m Avenue, approximately 100 feet north of West Atlantic Avenue within the Whidden Subdivision. RESOLUTION NO. 52-03: Approve Resolution No. 52-03 assessing costs for action necessary to abate nuisances on twelve (12) properties throughout the City. RESOLUTION NO. 53-03: Approve Resolution No. 53-03 abandoning easements within the Plaza at Delray, located at the northwest coruer of Linton Boulevard and South Federal Highway. 08-19-2003 ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/STEVEN'$ OFFICE BUILDING: Acceptance of right-of-way dedication associated with Steven's Office Building, located on the east side of S.W. 5~ Avenue between West Atlandc Avenue and S.W. Ist Street, within the GC (General Commercial) Zoning District and West Atlantic Avenue Overlay District. ACCEPTANCE OF EASEMENT DEEDS/DELRAY PARK OF COMMERCE: Approve and accept three (3) easement deeds associated with the Delray Park of Commerce, Tract B (Best Securities Flex Building) located at the northeast comer of Lake Ida Road and Congress Avenue. MODIFICATION TO DEP CONTRACT FOR FUNDING RELATING TO THE YEAR 2002 BEACH NOURISHMENT PROJECT: Approve Amendment No. 3 to the Florida Department of Environmental Protection (DEP) contract #99PB2 for the state's cost sharing of the 2002 Beach Nourishment Project. CHANGE ORDER NO, 1/FINAL PAYMENT/INTERCOUNTY ENGINEERING, INI~,; Approve Change Order No. 1 in the mount of a $40,485.00 decrease, and final payment in the amount of $9,235.16 to Intercounty Engineering, Inc. for the Muuicipal Golf Course Reclaimed Water Main Project. Funding is available from 441-5181-536-63.95(Water & Sewer/NW Reuse Water System-SCRWW). SERVICE AUTHORIZATION NO. ll.2/ROBERT G. CURRIE PARTNERSHIP. INC.: Approve Service Authorization No. 11.2 to Robert G. Currie Partnership, Inc. in the amount of $6,150.00 for additional design services for the Intracoastal (F.I.N.D.) Park Project. Funding is available from 334-4174-572-63.90 (General Construction Fund/Intracoastal Park). REJECTION OF BID$/DELRAY BEACH SWIM AND TENNIS CENTER: Approve the rejection of all l~ds received for the 2002-012 Delray Beach Swim and Tennis Center Parking Lot Project. THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER. INC.: Approve a request from the Friends of Sandoway House Nature Center, Inc. to grant a temporary use permit per LDR Section 2.4.6(}t) for the use of the eastern portion of the Ingraham Parking Lot from 5:00 p.m. on November 20, 2003 through noon on November 24, 2003, and use of the balance of the Ingraham Parking Lot and the Sandoway Parking Lot from 3:00 p.m. until midnight on November 22, 2003 to accommodate their annual fund-raiser; contingent on the sponsor prodding liability insurance and a hold harmless agreement. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM: Authorize staff to submit a grant application to the Florida State Depa~i~ent of Environmental Protecfion's Recreation Development Assistance Program for funding in the approximate amount of $50,000.00 for playground equipment for Lake Ida Park. 08-19-2003 Ro TRI-PARTY AGREEMENT/FIRST NIGHT 2004: Approve an agreement between the City, Joint Venture, and Old School Square and proposed budget for the First Night 2004 Event. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements in the total mount of $42,612.00 with five (5) sub-recipients (Community Development Corporation, Delray Beach Youth Basketball Boosters, Roots Cultural Festival, Carver Estates Youth Program, and Delray Youth Vocational Charter School) under the Weed & Seed program for FY 2003. Funding is available from 115-2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid). PALM BEACH COUNTY FINANCIAL ASSISTANCE AGREEMENT: Approve a financial assistance agreement with the Palm Beach County Board of County Commissioners for the reimbursement of funds to the City up to the amount of $300,000.00 for the replacement of irrigation and landscaping on Linton Boulevard between Congress Avenue and Military Trail. APPOINTMENT OF OUTSIDE COUNSEL/VOSBURGH V. CITY OF DELRAY BEACH: Approve appcfmtment of Fred Gelston, Esq. to act as outside counsd for the police officer in the case of Vosburgh v. City of Delray Beach at a rate of $110.00 per hour. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 4, 2003 through August 15, 2003. A~TARD OF BIDS AND CONTRACTS: Contract award to Stokes Mechanical Contractor at an estimated annual cost of $18,470.00 for plumbing services and repairs for various City buildings. Funding is available from various depaiu,,ental FY 2003-2004 operating budgets. Contract award to BCH Mechanical d/b/a Conserves Building Services in the total amount of $77,356.00 for a three (3) year term for the maintenance and service of the HVAC Chiller, Tracer Unit located at City Hall. The total amount includes $12,644 for the first year, $13,024 per year for the second and third years, and $38,664 for the condenser coil. Funding is available from 001-1802- 512-46.20 (General Fund/Equipment Maintenance) and 334-6112-519-46.10 (General Construction Fund/Building Maintenance). Purchase award to Chemical Time Company at an estimated annual cost of $564,192.00 via the City of Boynton Beach Co-op Bid #064-2821-03/JA for bulk quicldime for the City of Dekay Beach. Funding is available from 441- 5122-536-51.21 (2003-2004 Budget). 08-19-2003 REGULAR AGENDA: CONDITIONAL USE REOUEST/COTTAGE PRESCHOOL: Consider a request for conditional use approval to allow the establishment of a child care facility within the RM (Multiple Family Residential-Medium Density) zoning district for the Cottage Preschool, to be located at the northeast comer of south Swinton Avenue and S.E. 3~a Street. (Quasi-JudicialHeacfi~) CONDITIONAL USE REOUEST/ULTIMATE AUTOMOTIVE: Consider a request for conditional use approval to allow the establishment of a vehicle repair facility (automotive accessory installation and sales operation) within the MIC (1Vdxed Industrial and Commercial) zoning district for Ultimate Automotive, to be located at the southeast comer of Congress Avenue and McNab Avenue. (quasi-Judicial REOUEST FOR MODIFICATION OF STANDARDS GOVERNING FAi~L~,~ Consider modification of standards in Land Development Regulations (LDR) Sections 7.9.7 and 7.9.8 governing Dolphins and Finger Piers, pursuant to Section 7.9.4(A) of the LDR, to allow dolphin pilings 60 feet from the property line and a 30-foot finger pier to be constructed at 240 Captain's Walk. The normal standard is 25-feet of dock length. (QuaM-JudicialHeadllg) 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT (IJ.EBG): Approve acceptance and the proposed allocation of the 2003 Local Law Enforcement Block Grot in the mount of $121,447.00 with a City match of funds in the amount of $12,145.00 for a total amount of $133,592.00. Funding is available from 115-2112-521- 49.90 (Federal Forfeiture Account). OFFSITE PARKING AGREEMENT/MULBERRY STREET RESTAURANT: Provide direction concerning an off-site parking agreement for Mulberry Street Restaurant (fka Craige's Furniture), located at 111 East Atlantic Avenue. DELRAY BEACH MARINA RATES: Provide direction concerning a proposed rate increase up to forty or forty-five cents per foot per day for use of the municipal marina facilities. RATIFICATION OF APPOIINTMENT TO THE PARKING MANAGEMENT AD · Ratify the appointment of Thomas Carney, Jr. as the Community Redevelopment Agenfy representative on the Parking Management Advisory Board for a term ending July 1, 2005. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2) regular members and two (2) alternate members to the Board of Adjustment for two (2) year terms ending August 31, 2005. Based upon the rotation system, the appointments will be made by Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), and Commissioner Lamson (Seat #3). 08-19-2003 10. 11. 12. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint four (4) members to the Board of Construction Appeals for two (2) year terms ending August 31, 2005. Based upon the rotation system, the app&mtments will be made by Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and Commissioner McCarthy (Seat #4). APPOINTMENTS TO THE CODE ENFORCEMENT BOARD; Appoint one (1) regu/ar member and one (1) alternate member to the Code Enforcement Board for unexpired terms ending January 14, 2004. Based upon the rotation system, the app&mtments will be made by Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4). PUBLIC HEARINGS: ORDINANCE NO. 22-03 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Devdopment Regulations Section 4.4.11 "Neighborhood Commercial" Zoning District to clarify the uses subiect to the special regulations section and to add vocational schools limited to Arts and Crafts, Bus'mess, Beauty, Dancing, Driv'mg, Gymnastics, Photography, Modeling, and Karate- Judo as a permitted use. ORDINANCE NO. 25-03: An ordinance des'~mating the Amelung House located at 102 N.E. 12' Street to the Local Register of Historic Phces. (Quasi-JudicidHeating) ORDINANCE NO. 26-03: An ordinance emending Section 71.030 of the Code of Ordinances relating to the mobilization regulations on private property. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: ORDINANCE NO. 23-03: City initiated Future Land Use Map (FLUM) Amendment from LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities- Churches) and rezoning from R-l-AA (~mgle Family Residential) to CF (Community Facilities) for a 0.81 acre portion of the Trinity Lutheran Church Property, located at the northwest comer of Lake Ida Road and Swinton Avenue. If passed, a quasi-jud~ci~! public hearing will be scheduled for September 9, 2003. ORDINANCE NO. 27-03: An ordinance amending Chapter 32, "Depa, lments, Boards, and Commissions", of the City Code of Ordinances by enacting Sections 32.45- 32.50 establishing the Neighborhood Advisory Council. If passed, a public hearing will be scheduled for September 9, 2003. 08-19-2003 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: AUGU&'I' t5, 2003 08-19-2003 AUGUST 5, 2003 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice Mayor Levinson in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, August 5, 2003. 1_. Roll call showed: Present - Absent - Commissioner Patricia Archer Commissioner Alberta McCarthy Vice Mayor Jon Levinson Commissioner Bob Costin Mayor Jeff Perlman Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk 2.a. Pastor Klay Aspinwall with Lakeview Baptist Church dedicated tonight's Invocation to Kathryn (Katie) Black. Katie was killed in an automobile accident Sunday, August 3, 2003. She was a graduate of Atlantic High School, attended Florida Atlantic University and recently graduated magna cum laude from Babson College in Wellesley, Massachusetts. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL: Vice Mayor Levinson stated the Muscular Dystrophy Association has requested Item 6.A., Cit~ of Delra¥ Beach Firefighters' Appreciation Week Proclamation be deferred to the next Regular Commission Meeting of August 19, 2003. Vice Mayor Levinson stated Item 8.G., Tri-Party Agreement/First Night 2004 will be postponed to the next Regular Commission Meeting of August 19, 2003. Vice Mayor Levinson noted the addition of Item 9.C., Award of Contract/Law Enforcement S.ystems~ Inc. to the Regular Agenda by addendum, however, the City Manager stated this item was sent out inadvertently. Vice Mayor Levinson requested that Item 9.C., Award of Contract/Law Enforcement Systems~ Inc. be removed from the Agenda. For clarification, Vice Mayor Levinson stated Item 10.A., Ordinance No. 22-03 should read "permitted use" not "principal use". Ms. McCarthy moved to approve the Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Vice Mayor Levinson - Yes; Mrs. Archer - Yes. Said motion passed with a 3 to 0 vote. APPROVAL OF MINUTES: Ms. McCarthy moved to approve the Minutes of the Regular Meeting of July 22, 2003, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. vote. 6oAo Said motion passed with a 3 to 0 PROCLAMATIONS: City of Delray Beach Fire Fighter Appreciation Week - August 25th -- September 1, 2003 Recognizing and Commending the People of Jamaica This proclamation has been postponed until the Regular Commission Meeting of August 19, 2003. 6.B. Recognizing and Commending the People of Jamaica Vice Mayor Levinson read and presented a proclamation hereby recognizing and commending the People of Jamaica on their many contributions and achievements that continually enhance the lives of individuals and communities alike. Elizabeth Wesley, Designee, came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 51-03: Recognizing and Commending Ellen Wickert for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 51-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ELLEN WICKERT FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 51-03 is on file in the City Clerk's office.) Vice Mayor Levinson read and presented Resolution No. 51-03 along with a plaque to Ellen Wickert, Administrator Officer. Ms. Wickert came forward to accept the resolution and Chief Koen recognized Ms. Wickert for her dedicated service to the City of Delray Beach. -2- 08/05/03 Mrs. Archer moved to approve Resolution No. 51-03, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 3 to 0 vote. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/POINTE AT LAMBERT TRAILER COURT: Approve the subdivision plat for Pointe at Lambert Trailer Court, located on the southeast comer of S.E. 5th Avenue and East Atlantic Avenue. 8oao INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an interlocal agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for planning services in the amotmt of $60,000.00. 8°Co PALM BEACH COUNTY SPORTS COMMISSION/CITY OF DELRAY BEACH AGREEMENT: Approve an agreement between the City of Delray Beach and the Palm Beach County Sports Commission for the development of a Community Olympic Development Wrestling Program at Atlantic High School in the amount of $10,000.00. Funding is available from 115-4924-572-49.90 (Special Projects Fund/Other Current Charges). 8.D. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements in the total amount of $11,200.00 with four (4) sub-recipients (Southwest President's Association, Delray Beach American Little League, Expanding and Preserving Our Cultural Heritage (EPOCH), and Children Learning After School Sessions, Inc. (CLASS)) under the Weed & Seed program for FY 2003. Funding is available from 115-2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid). 8.E. MAINTENANCE AND SUPPORT AGREEMENT/MOTOROLA~ INC.: Approve an agreement between thc City of Delray Beach and Motorola, Inc. for thc maintenance and support of thc Police Department's field computer applications. Funding is available from 001-2113-521-46.90 (General Fund/Other Repair & Maintenance Costs). 8,Fo ACCEPTANCE OF INTERLOCAL AGREEMENT/BUS SHELTERS: Approve and accept an intedocal agreement between the City of Delray Beach and Palm Beach County for reimbursement funding regarding the installation of forty-seven (47) transit bus shelters throughout the City. 8.G. TRI-PARTY AGREEMENT/FIRST NIGHT 2004: Approve an agreement between the City, Joint Venture, and Old School and proposed budget for the First Night 2004 Event. 19,2003. This item has been postponed until the Regular Commission Meeting of August 8oHo TEMPORARY SERVICES/PLANNING AND ZONING DEPARTMENT: Approve an increase in the amount of $7,001.00 to the existing purchase order for temporary -3- 08/05/03 services for the Planning and Zoning Department, to a total of $22,000.00. 8.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 21, 2003 through August 1, 2003. 8ogo AWARD OF BIDS AND CONTRACTS: L Contract award to Atlantic Painting & Sandblasting, Inc. in the amount of $47,300.00 via the Martin County Contract for sandblasting and painting the metal surfaces within Clarifier No. 3 at the Water Treatment Plant. Funding is available from 441-5122-536-46.90 (Other Repair/Maintenance). Purchase award to FiberCat Networking in the amount of $45,870.82 for new surveillance computer/video monitors for the Water Treatment Plant Control Room. Funding is available from 441-5122-536-64.90 (Other Machinery/Equipment). Purchase award to the Dictaphone Corporation in the amount of $66,919.70 via GSA Contract #GS-03-F-4040B for a replacement voice recording system for the Police Department Communications Center. Funding is available from 001-2113-521-64.90 (Other Machinery/Equipment). Contract award to the Florida Coca-Cola Bottling Company for beverage vending services and fountain services. Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Vice Mayor Levinson - Yes; Mrs. Archer - Yes. Said motion passed with a 3 to 0 vote. REGULAR AGENDA: 9.A. SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND CULTURAL SHOW: Consider approval of a special event request to allow the 1st Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be held on April 3-4, 2004 from 11:00 a.m. until 6:00 p.m. on the grounds of Old School Square and on a portion of the Community Redevelopment Agency (CRA) parking lot, including a temporary use permit per LDR Section 2.3.6(H) for the closure and use ofN.E. 1st Avenue north of the grounds of Old School Square to N.E. 1st Street, staff assistance for traffic control/security, trash removal/clean up with event signage to be installed one week prior to the event; contingent on the sponsor providing a hold harmless agreement, certificate of insurance, and approval from the CRA for the use of their parking lot. Robert A. Barcinski, Assistant City Manager, stated this is a request for the 1st Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida proposed to be held April 3-4, 2004, fi'om 11:00 a.m. to 6:00 p.m. Mr. Barcinski stated the request also includes a request to grant a temporary use permit per LDR Section 2.3.6(H) for the -4- 08/05/03 closure and use ofN.E. 1st Avenue north of the grounds of Old School Square to N.E. 1st Street and to authorize staff support as needed. The estimated overtime costs for the event are $2,340 with an estimate of an additional $450 for event signage and barricade rental. The event sponsor does have a 501(c)(3) and per the City's event policies, would not pay any overtime costs this year. Mrs. Archer asked why the event sponsor was not able to continue this event at Morikami. In response, Mr. Barcinski stated it is his understanding that part of the reason is for better exposure and attendance in downtown Delray Beach. Mohammed Emran, President of Bangladesh Association of Florida, stated Morikami had a scheduling problem, in addition, Mr. Emran stated he feels it will be good publicity to hold the event downtown and hopes to continue at this location. Ms. McCarthy asked if there will be any complications with regard to the closure of N.E. 1st Street. In response, Mr. Barcinski stated there should not be any problems with regard to the street closure. Mrs. Archer moved to approve the special event request for the 1st Asian Food Fair and Cultural Show to be held on April 3-4, 2004, at Old School Square per staff recommendations, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 3 to 0 vote. 9.B. PUBLIC COMMENTS/ FY 2004 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2004 Proposed Budget at this time. The City Manager stated the total departmental requests for the General Fund amount to $75,337,000 and available revenues amount to $70,893,000. The City Manager stated there are approximately $4.5 million in requests which are not funded and explained some new initiatives which are funded. The City Manager stated one new employee will be added in the cemetery. Secondly, the City Manager stated UTB will convert the printing of the utility bills to a laser printing system the printing on the current bill interferes with where the postal service places the bar coding to route the mail and the perforation is getting tom in the mail sorting machine. Consequently, the City Manager stated the Post Office has increased what they charge to mail the postcards and staff has determined some ways to reduce the costs of sending letters. The City Manger stated this can also be used for other applications as well. Third, the City Manager stated the digital packet data the Police Department has used in communicating from their laptop computers in their vehicles will no longer be available at some point during the year. The City Manager stated CDMA is the new technology that will replace the CDPD. -5- 08/05/03 The City Manager stated two computers will be replaced (IBM AS400) for the Police Department and City Hall and the systems that will replace these are exact mirror images of each other so that they will be better able to support each other if one goes down. The City Manager stated there is a major reorganization of the Summer Day Camp Program and the Children's Services Council has made the decision those children who are in After School Care should be in the same program year-round. Those children that are in the After School Program will continue into the summer program and will not re-enroll into the Summer Day Care Program. The City Manager stated some people like to use only the Summer Day Camp Program and therefore a separate Summer Day Camp Program will continue to meet the needs of those people who only want to take advantage of the summer day camp and not the year-round after school care. The City Manager stated he received a request for several new personnel in the Fire Department. The number of EMS calls continues to increase which creates the need for more staffing. The City Manager explained five people are needed to have one person there 24 hrs 7 days a week due to vacation schedules, training, sick days, etc. The City Manager stated Chief Koen has presented a new proposal requesting three people versus five since the first year of employment an employee does not receive vacation. Therefore, the City Manager stated the Chief can fill the first year with three individuals and add two more individuals next year. The City Manger stated he will look at the possibility of adding these positions in January or April 2004. The City Manager stated he is concerned with the level of fire inspections because of the growth of the City and commented the City is not getting into businesses as often as he would like to see. The Community Improvement Department has been working with the Police Department on problems with rental properties and they would like to create a position of a Rental Housing Inspector. The City Manager stated staff is proposing an increase in the landlord permit fees to fund this position. The City Manager stated because of the performance of the stock market over the last three years there have been large increases in the pension costs. Therefore, it is proposed that those employees under the bargaining unit will contribute 4% of their salary and civil service employees will contribute 2% of their salary into the pension plan beginning October 1, 2003. Vice Mayor Levinson opened the public hearing. Carolyn Zimmerman, 212 S.W. 2na Avenue, Delray Beach, inquired if the City will be hiring an assistant for the Animal Control Officer. The City Manager informed Miss Zimmerman that the City will be hiring an assistant for the Animal Control Officer. Secondly, Miss Zimmerman stated she would like to see the City hire additional Code Enforcement Officer's because she feels this would help to keep the community clean. Miss Zimmerman stated there is now a program downtown where a consultant came in regarding the trash. Miss Zimmerman commented the trash is not just in the residential areas but is also in the business areas as well. Miss Zimmerman suggested that there be something in the residential 08/05/03 community called "Clean and Green" because she feels people are not properly taking care of their swales and stated the neighborhoods are unsightly. Miss Zimmerman stated the President's Council has something new called "Pride in Your Neighborhood" and sixty awards have been presented to different homeowners that have improved the appearance of their homes. Miss Zimmerman stated the President's Council is a non-profit organization and therefore needs the City to help support them in order to be able to enforce it. Miss Zimmerman stated she likes the idea of rental inspectors to help inspect rental housing. Alice Finst, 707 Place Tavant, Delray Beach, stated she went out with Miss Zimmerman to do the "Pride and Neighborhood Awards" this weekend and stated she was amazed that the rights-of-way and swales have turned into fleet parking areas. Ms. Finst suggested that the City hire a part-time employee to work from 4:30 p.m. until dusk in addition to working six or seven hours on the weekend. Mrs. Finst stated in neighborhoods with bulk trash pickup that things sit out for sometimes more than a week because people tend to get the garbage pickup days confused. Mrs. Finst commented about Bright Park located on 5th Avenue and stated it should be treated like any other park. Mrs. Finst stated more plants are needed in Bright Park and she feels the park should be entitled to more than just pressure cleaning every six months. Mrs. Finst inquired about the funds for the cultural loop and stated if all the events and artifacts show up on the cultural loop as planned, she asked who will take care of them. Mrs. Finst continued to state the unveiling for the loop is going to be in November and she urged the Commission to put this as an item in the budget for the upcoming year. There being no one else from the public who wished to comment on the proposed budget for 2004, the public hearing was closed. 9.C. AWARD OF CONTRACT/LAW ENFORCEMENT SYSTEMS~ INC.: Consider approval of a contract between the City of Delray Beach and Law Enforcement Systems, Inc. for the collection of backlogged parking citations and associated fees for a term of three (3) years with two (2) one (1) year renewals. This item has been removed from the agenda. At this point, the time being 6:30 p.m., the Commission moved to Item 12, First Readings. FIRST READINGS: 12.A. ORDINANCE NO. 25-03: An ordinance designating the Amelung House located at 106 N.E. 12th Street to the Local Register of Historic Places. If passed, a Quasi- judicial hearing will be scheduled for August 19, 2003. The caption of Ordinance No. 25-03 is as follows: -7- 08/05/03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE AMELUNG HOUSE, LOCATED AT 106 NE 12TM STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL, 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Jeff Costello, Principal Planner, stated this proposal involves the relocation of a historic structure from Vista Del Mar to the Del Park neighborhood. At its meeting of July 16, 2003, the Historic Preservation Board reviewed the designation report and unanimously recommended approval (7-0) to designate the single family dwelling as an individually listed property in the Delray Beach Local Register of Historic Places. The City Manager stated since the house that is being moved is being placed on Lot 9, he suggested designating Lot 9 as a historic site rather than the entire legal description states West ½ of Lot 7 and all of Lots 8 and 9 since the Planning and Zoning Staff Report indicates that the structure on the west half of 7 and 8 is not historic. Mr. Costello stated the intent was to place the historic structure on Lot 9. After brief discussion, the Commission concurred that the legal description should be changed to reflect the modification. The City Attorney recommended that the modification to the ordinance should read "the Amelung House to be located on Lot 9" and not "the West ½ of Lot 7 and all of Lots 8 and 9." Ms. McCarthy moved to approve Ordinance No. 25-03 on FIRST Reading with the modification as recommended by the City Attorney, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 3 to 0 vote. 12.B. ORDINANCE NO. 26-03: An ordinance amending Section 71.030 of the Code of Ordinances relating to the immobilization regulations on private property. If passed, a public hearing will be scheduled for August 19, 2003. The caption of Ordinance No. 26-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY -8- 08/05/03 AMENDING CHAPTER 71, "PARKING REGULATIONS", SUBSECTION 71.030(B), "REQUIREMENTS FOR IMMOBILIZATION CONTRACTOR OR PROPERTY OWNER", TO PROVIDE FOR A CHANGE IN THE FEES AND PAYMENT PROVISIONS AND TO CLARIFY OTHER MINOR ITEMS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Jeff Costello, Principal Planner, stated this ordinance allows for the following four (4) changes to the City Code: (1) Increase the maximum fee which could be charged for the removal of the immobilization device from $25 to $50, (2) If the property owner or Contractor is unable to accept credit cards, they can invoice the vehicle owner for payment at a later date, (3) Extend the maximum response time to remove the device from 30 to 60 minutes and, (4) Require the warning notices affixed to the vehicle window to be in English only (the current requirement is English, Spanish and Creole). Mrs. Archer moved to approve Ordinance No. 26-03 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Vice Mayor Levinson - Yes; Mrs. Archer - Yes. Said motion passed with a 3 to 0 vote. At this point, the Commission moved to Item ll.A. Comments and Inquiries on Non-Agenda items from the City Manager. ll.A. City Manager's response to prior public comments and inquiries. With regard to the drainage at Sherwood Forest Drive, the City Manager stated during the construction silt barriers are placed over the existing drainage structures to prevent the existing drainage system from becoming clogged with dirt and other construction residue. The City Manager stated this does cause some minor flooding due to the reduction in inlet capacity during the construction period. The subdivision itself is designed with a self contained drainage system as required by Lake Worth Drainage District (LWDD) and the City of Delray Beach LDR requirements. The City Manager stated the City will continue to monitor the situation. However, as soon as construction is complete and the roadway drainage system reopened, staff believes the current "ponding" or standing water problem will disappear. Mrs. Archer stated they raised the crown of the road for the development quite a bit higher than the existing road for Sherwood Forest Drive which she feels creates a great deal of nm-off at the driveway area which is quite a slope down. If the drain is closed off she stated then she can understand that there is a problem. However, Mrs. Archer stated the drain is now quite a bit higher than the street. The City Manager stated staff should be monitoring this situation. -9- 08/05/03 With regard to prior concerns expressed by several residents about the Southeast area and the water quality, the City Manager stated projects to upgrade old two inch galvanized water mains to new eight inch iron pipes have been constructed over the past two years targeting the Southwest area defined as being bounded by Atlantic Avenue on the north, Swinton Avenue on the east, S.W. l0th Street on the south, and 1-95 on the west. The City Manager stated the City is continuing its focus in this area to remedy the water quality and pressure problems and provide adequate fire protection to residents with the second Phase of the Southwest area improvement project currently under construction. The City Manager stated as these projects are built residents will notice a much improved level of water service in terms of water pressure and quality. With regard to prior concerns expressed by Ms. Wood about water quality problems, the City Manager stated the City has been unsuccessful in contacting residents in this area to identify the extent of specific problems and have no history of water quality complaints in the neighborhood. However, the City Manager stated the address given is a multi-family complex on the comer of Bucida Road and Seasage Drive. The City has experienced problems in multi-family buildings that are master metered but lack backflow protection residential between units on the customer side of the meter. If units are vacant for any period of time, water will stagnate in the unoccupied units plumbing and be drawn into occupied units' pipes when faucets are turned on. Staff will continue to investigate this issue with the condominium management and verify whether the problem is caused by a system issue. With regard to another concern expressed by Ms. Wood about trash being buffed on the beach, the City Manager stated Universal Beach Cleaning Service is closely monitored as to its compliance with all local, county, and state laws regarding beach cleaning operations. The City Manager stated Universal has been cleaning the beach for many years and is fully aware of the restrictions imposed during sea turtle nesting season. With regard to Universal Beach Cleaning Service burying the seaweed below the high tide line, this actually helps prevent erosion by holding the sand down when assaulted by wind and waves. Lumber, plastic containers and other objects are removed before they bury the seaweed. The City Manager stated the City also utilizes community service workers to help remove trash and debris from the beach on a daily basis. Furthermore, the City Manager stated the Parks and Recreation Department takes great pride in its municipal parks and beach areas and will continue to provide the cleanest and safest environment for its citizens. With regard to the sea turtle lighting issue, the City Manager stated the City receives reports from Dr. Fleetemeyer who periodically monitors the beach area. The City Manager stated he provides the City with problem lighting situations and the Code Enforcement staff follows up with a personal contact. As of July 28, 2003, we have followed up on all problems reported by Dr. Fleetemeyer. The City Manager stated there was a problem at 601 S. Ocean Boulevard, however, staff was able to contact the owner's representative and the problem was resolved. With regard to a concern expressed by Mr. Jim Smith about the increase in the City's cost for pension plans and that many private companies have converted to a Defined Contribution Plan and his suggestion that the City of Delray Beach may wish to consider this, the -10- 08/05/03 City Manager stated the increased costs over the past few years in the Police and Firefighters' Pension Plan has been caused primarily because investment returns have been less than the actuarial assumed rate of 8 ½ % due to unfavorable market conditions. The average investment return since 1977 has been 8.2% according to the actuarial reports. The General Employees Pension Plan has a actuarial assumed rate of 8.0% and has an average investment return of 10.6% since 1985. Salary increases have been more than the actuarial assumption of 6%. These increases were recently made to resolve employee retention problems. The average salary increase for Police and Fimfighters' pension plan purposes has been 7.9%. The General Employees Pension Plan has an actuarial assumed salary increase of 7% and has an average actual salary increase rate of 5.8% since 1985. In 1988-1989, the City established a committee to study alternative pension plans that compares to defined benefit plans and defined contribution plans. This committee studied this subject for over six months. Police and Fire employees quickly dismissed any conversion of their defined benefit plan to a defined contribution plan for the following reasons: a defined Benefit Plan includes benefits other than a retirement benefit (i.e. death, disability, retirement, and survivor benefits that would not be available under a Defined Contribution Plan). The only benefit to a Defined Contribution Plan is the actual balance in the Plan. Therefore, if an employee is permanently disabled early in their employment the Defined Benefit Plan would provide for 60% of an employees wage for the rest of their life whereas a Defined Contribution Plan would only provide the actual balance in the Plan. The Police and Firefighters' Pension Plan also includes a provision for a 20 and out retirement. This period of time in a Defined Contribution Plan depending on market conditions may not allow sufficient an adequate retirement package. Also, the Police and Firefighters' Pension Plan includes a Deferred Retirement Option Plan (DROP) which allows an employee to receive a pension benefit for up to five years prior to retirement and continue to draw full salary. However, the City Manager stated this is not an option in the Defined Contribution Plan. The employees currently have available a Defined Benefit Plan and a Defined Contribution Plan and only have to contribute 4.0% of their salary. General Employees studied the comparison of these two Plans for over six months and the end result was to keep their Defined Benefit Plan, reduce their contributions, develop a matching program for Defined Contribution Plan, and the end result was that they now have both Plans. It should also be recognized that the markets have been extremely poor for the past three years or so. Many of those companies that converted their employees to Defined Contribution Plans, doing away with their Defined Benefit Plans, are heating about their decisions from their employees due to the investment losses they are incurring. The City Manager stated adjusting the date that the valuation was done would not have a significant impact and the date that we do it is prescribed by the State. The City Manager stated the City has to present an Annual Report to the State and prove to them that the City is keeping the Plans actuarial sound and this is what determines the City's contribution each year. At this point, the Commission took a short break and reconvened the meeting at 7:00 p.m. At this point, the Commission moved to the duly advertised Public Heatings portion of the Agenda. -11- 08/05/03 10~ PUBLIC HEARINGS: 10.A. ORDINANCE NO. 22-03 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.11 "Neighborhood Commercial" Zoning District to clarify thc uses subject to the special regulations section and to add vocational schools limited to Arts and Crafts, Business, Beauty, Dancing, Driving, Gymnastics, Photography, Modeling, and Karate-Judo as a p~ncipa! permitted use. If passed, a quasi-judicial public hearing will be scheduled for August 19, 2003. Prior to consideration of passage of this ordinance on FIRST Reading/First Public I-Icaring, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 22-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", BY AMENDING SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", TO CLARIFY THE USES SUBJECT TO THE SPECIAL REGULATIONS SECTION AND TO ADD VOCATIONAL SCHOOLS LIMITED TO ARTS AND CRAFTS, BUSINESS, BEAUTY, DANCING, DRW1NG, GYMNASTICS, PHOTOGRAPHY, MODELING AND KARATE-JUDO AS A PERMITTED USE WITHIN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT; BY AMENDING SUBSECTION (D) "CONDITIONAL USES AND STRUCTURES ALLOWED", TO CLARIFY THAT IT IS SUBJECT TO THE SPECIAL REGULATIONS SECTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating 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. Vice Mayor Jon Levinson declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 22-03, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 22-03 on First Reading/First Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 3 to 0 vote. -12- 08/05/03 10.B. ORDINANCE NO. 24-03 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations regarding parking requirements for self service storage facilities within the North Federal Highway Overlay 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. (Quasi-Judicial Hearing) The caption of Ordinance No. 24-03 is as follows: AN ORDiNANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING A PORTION OF SECTION 1 OF ORDiNANCE NO. 7-03 WHICH AMENDED THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDiNG CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (CC) DISTRICT", SUBSECTION (G)(2), "NORTH FEDERAL HIGHWAY OVERLAY DISTRICT", BY REPEALING SUBSECTION 2(C)(2)(C) PERTAiNiNG TO PARKING RATES AND ENACTING A NEW SUBSECTION 2(C)(2)(C) PROVIDING FOR PARKiNG RATES FOR SELF SERVICE STORAGE FACILITIES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. 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 noted a correction to page two of the ordinance under Section 2(C)(2)(C) and stated the words "in addition" should be added after the word "and". Vice Mayor Levinson read into the record the City of Delray Beach procedures for Quasi-Judicial Hearings for this item and all subsequent Quasi-Judicial Hearing items held this evening. The City Clerk swore in those individuals who wished to give testimony on this item. Vice Mayor Levinson asked the Commission to disclose any ex parte contacts. Mrs. Archer and Ms. McCarthy stated they both had a brief conversation with Michael Weiner this afternoon. No other exparte contac[s were disclosed. -13- 08/05/03 Jeff Costello, Principal Planner, entered the Pla~ing and Zoning Department project file into the record. Michael Weiner, speaking on behalf of the applicant, stated they have met the substantial burden of proof. Vice Mayor Levinson opened the public hearing. There being no one who wished to address the Commission regarding Ordinance No. 24-03, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 24-03 on Second and FINAL Reading finding it consistent with the Comprehensive Plan and based upon the findings as listed in the Planning and Zoning Staff Report, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 3 to 0 vote. 10.C. ORDINANCE NO. 20-03 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2003-02): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2003-02 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Prior to consideration of passage of this ordinance, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 20-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2003-2 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 2003-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAV1NG CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-03 is on file in the City Clerk's office.) Amendment 2003-02 includes: 1. Redevelopment Plan for the Wallace Drive Industrial Area. 2. Amendments to the Text of the Comprehensive Plan include: a) Modification of Future Land Use Element Policy C-2.3 to reflect adoption of a Redevelopment Plan for Redevelopment Area #2 -14- 08/05/03 (Wallace Drive Industrial Area). b) Creation of Future Land Use Element Policy C-1.7 to reflect completion of a Neighborhood Redevelopment Plan for the Southwest Area. 3. Amendments to the Future Land Use Map include: a) Future Land Use Map Amendment from TRN (Transitional) in part and OS-C (Open Space-Conservation) in part to MD (Medium Density Residential 5-12 du/ac) for a 0.509 acre portion of the Delray Harbor Club Condominium Development, located on the east side of U.S. Highway 1, approximately 650' south of S.E. l0th Street. b) City initiated Future Land Use Map Amendment for approximately 45.5 acres from RDA-2 (Redevelopment Area #2) to CMR (Commerce) in part, [ND (Industrial) in part and CF-C (Community Facilities-Churches) in part for the Wallace Drive Redevelopment Area. c) City initiated Future Land Use Map Amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) for the following areas pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan: i. South of West Atlantic Avenue and North of S.W. 1st Street, between S.W. 8th Avenue and S.W. 12th Avenue ii. East and West Sides of S.W. 5th Avenue, south of S.W. 1st Street iii. Northwest comer of S.W. 1St Street and S.W. 4th Avenue 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. Ron Hoggard, Senior Planner, briefly described the redevelopment plan for Wallace Drive. In February 2003, Mr. Hoggard stated staff received a proposal to rezone a portion of the area to the east of S.W. 10th Avenue from R-1-A (Single-Family) to MIC (Mixed Industrial and Commercial). Mr. Hoggard stated staff did not feel this was appropriate but rather felt it was more appropriate for the area east of Wallace Drive to be light industrial and that it would be more appropriate with the residential uses. At its meeting of July 21, 2003, the Planning and Zoning Board held its public hearing regarding the amendment and during the public heating several residents made comments related to specific elements of the amendment. After discussion, the Planning and Zoning Board voted (4-0, Sowards stepped down; Krall and Pike absent) to recommend approval of the amendment on first reading and transmit Comprehensive Plan Amendment 03-2 to the Florida Department of Community Affairs. -15- 08/05/03 Mr. Costello stated the Comprehensive Plan Amendment 03-2 includes two text amendments. One is modifying Future Land Use Element Policy C-2.3 to reflect adoption of a redevelopment plan for redevelopment area 2 (Wallace Drive Industrial area). The other amendment is the creation of Future Land Use Element Policy C-1.7 to reflect completion of a neighborhood redevelopment plan for the Southwest area. The remaining items in the Plan Amendment consist of two City Initiated Future Land Use Map amendments, a privately initiated Future Land Use Map amendment and two text changes, and table updates. Vice Mayor Jon Levinson declared the public hearing open. David Ledbetter, 760 N.W. 7th Street, Delray Beach, stated he would like to commend staff for their work. Mr. Ledbetter stated this property could not be developed before because it was zoned single-family and a developer did not want to buy at commemial rates while it was zoned single-family. Joseph Prosperi, 1300 Wallace Drive, Delray Beach, stated his property is on the west side of Wallace Drive and zoned MIC (Mixed Industrial and Commercial) which he feels is better designation for the value of his property. Mr. Prosperi stated he is developing a piece of property on the comer of Georgia and Wallace Drive and expressed concern over the proposed zoning designation changing to commercial because he could lose potential buyers in the future. Mr. Hoggard clarified that this zoning is not changing but will remain as MIC. There being no one else who wished to address the Commission regarding Ordinance No. 20-03, the public heating was closed. Mrs. Archer moved to approve Ordinance No. 20-03 (First Reading/Transmittal Hearing) for Comprehensive Plan Amendment 2003-02 based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Pan (FLUM Amendment Findings), LDR Section 3.1.1. (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Vice Mayor Levinson - Yes; Mrs. Archer - Yes. Said motion passed with a 3 to 0 vote. 10.D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2003 - 2004): Consider approval of the Community Development Block Grant (CDBG) Annual Action Plan required by the Housing & Urban Development (HUD) Department of the United States for utilization o£ g~ant fimds. Prior to consideration of item, a public hearing has been scheduled to be held at this time. Lula Butler, Director of Community Improvement, stated the item before the Commission is the public hearing and approval for the Annual Action Plan as required by the United States Housing & Urban Development Agency (HUD) for utilization of grant funds. Ms. Butler stated for fiscal year 2003-2004 the City of Delray Beach will receive an allocation o£ $715,000 to expend primarily for activities that benefit low to moderate income homeowners. Ms. Butler stated the Public Input Meeting was held on June 12, 2003 at Pompey Park and commented that staff did not receive any significant changes to what is being proposed this evening. -16- 08/05/03 Vice Mayor Levinson commended Ms. Butler and stated the attendance for the public hearing held at Pompey Park was higher this year than last year. Vice Mayor Jon Levinson declared the public hearing open. There being no one who wished to address the Commission regarding the Community Development Block Grant (CDBG) Annual Action Plan, the public hearing was closed. Ms. McCarthy moved to approve the Community Development Block Grant (CDBG) Annual Action Plan for fiscal year 2003-2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 3 to 0 vote. At this point, the Commission moved to Item ll.B. Comments and Inquiries on Non-Agenda items from the Public. ll.B. From the Public. ll.B.1. Charlotte Wright~ 802 N.W. 2nd Streeh Delray Beach~ expressed concem over the alleged dangers of the 4-wheeler go-carts in the area (2nd, 8th, and 10th Street). Ms. Wright stated she contacted the Police Department and was informed that nothing can be done about this issue. She suggested that the operators obtain a license for the go-carts in order to use them and urged the Commission for their support. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the Commission. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager commented about an article in the Sun-Sentinel News today about Boca Raton and Boynton Beach working together on a potential legal challenge of the County's proposal for setting minimum fire service standards Countywide. The City Manager continued to state the City of Delray Beach is participating in those meetings and he will try and keep the Commission informed about how this develops. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Archer Mrs. Archer stated September is National Alcohol and Drug Addiction Recovery Month and suggested that a proclamation be presented in the near future. Mrs. Archer suggested that the Police Department host special meetings with the Community Center, Pompey Park -17- 08/05/03 Community Center, or the 505 Teen Club to call attention to drug use and how important it is to be in recovery. 13.C.2. Commissioner McCarthy Ms. McCarthy had no comments or inquires on non-agenda items. 13.C.3. Vice Mayor Levinson On behalf of the Commission, Vice Mayor Levinson stated he would like to extend congratulations to Commissioner McCarthy and Commissioner Archer who will both celebrate a birthday on August 10th. Secondly, Vice Mayor Levinson stated Office Depot invited the Commission to attend a "Backpack" giveaway to the Police Department, Spady Elementary, Pine Grove Elementary, and a couple of other places. Vice Mayor Levinson commented about a great article which talked about "National Night Out" and stated unfortunately for a number of years the City has not been participating in "National Night Out" because there was not an organization that felt it was appropriate. Vice Mayor Levinson stated now that the City will soon have a Neighborhood Advisory Council, he feels this would be a perfect opportunity for the organization to host. Vice Mayor Levinson stated he would like to congratulate Lula Butler, the Mayor, Diane Colonna, and Bill Wood on the Commercial Real Estate event which occurred approximately a week. Vice Mayor Levinson stated about 70 members of that organization who participated came to Delray Beach. Vice Mayor Levinson stated members of the organization who were at the lunch want to develop and bring clients to Delray Beach. In conjunction with this event, Vice Mayor Levinson stated the City of Delray Beach will be hosting a panel discussion with Lula Butler, Paul Dorling, Diane Colonna, and Ron Hoggard at the 2003 Annual State Conference of the Florida Chapter of the American Planning Association. Vice Mayor Levinson stated another city is coming to Delray Beach in a few weeks and will stay for two days and a night. Vice Mayor Levinson stated there will be a variety of tours around Dekay Beach because they are so interested in what the City of Delray Beach is doing. Vice Mayor Levinson stated he was very upset with an article that was written in the Sun-Sentinel News about the Bond Issue. Vice Mayor Levinson stated the article was written before there was any discussion about the Bond Issue and stated he brought this to the attention of the South County Editor. They have contacted the Finance Director who has advised him they will be writing a correction in order to get the story straight because he feels this is a very important issue to have corrected for the media. Vice Mayor Levinson stated that the Vice Mayor of Fort Lauderdale had his family reunion here in Delray and he had the opportunity to welcome him and his family. Vice -18- 08/05/03 Mayor Levinson stated they occupied a few rooms at the Marriott Hotel and commented that they are very impressed with what has been accomplished in Delray Beach. There being no further business, Vice Mayor Levinson declared the meeting adjourned at 7:40 p.m. City Clerk ATTEST: VICE 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 August 5, 2003, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -19- 08/05/03 SPECIAL MEETING AUGUST 12, 2003 A Special Meeting of the City Commission of the City of Delray Beach, Hod{la, was called to order after the scheduled workshop meeting at 7:40 P.M., by Mayor Jeff Perlman in the First Floor Conference Room at City Hall on Tuesday, August 12, 2003. Roll car showed: Present- Commissioner Patticia Archer Commissioner Bob Costin Commissioner Jon Levinson Mayor Jeff Perlman Absent - Commissioner Alberta McCarthy Also present were - City Manager David T. Harden City Attorney Susan A. Ruby and G:ty Clerk Barbara Garito Mayor Peflman announced the special meeting had been called for the purpose of considering the following item: 1. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re Daniel Mamllo v. City of Delray Beach and Gayle Nye Attendees: Mayor Jeff Perlman Commissioner Bob Costm Commissioner Pat Archer Commissioner Jon Levinson City Manager David T. Harden City Attorney Susan A. Ruby A certified court reporter Discuss the above pending litigation A. Motion to Approve Settlement in the case of Daniel Mamllo v. City of Delray Beach and Gayle Nye, individually and collectively - Case No. CL-00-7581-AB A closed attorney/client session was held m accordance with F.S. 286.011(8) and the special meeting was reconvened at 7:45 pm, at which time the Mayor called for a motion regarding approval of a settlement in the case of Daniel Mamllo v. City of Delray Beach and Gayle Nye, individ,~lly and collectively. Mr. Costin moved to approve settlement in the case of Daniel Mamllo v. City of Dell:ay Beach and Gayle Nye, individually and collectively, subject to an agreement to be entered into by the parties. The main pffmt of the settlement is the amount of settlement is $24,000 with none of the money going to Mr. Mamllo but to pay lawyer fees and costs. This is an effort to put the case behind all parties concerned. In addition Mr. Marullo will remain employed by the City of Delray Beach. Authorization is hereby granted to the City Attorney and City Manager to approve said agreement, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Costin - Yes: Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed 4-0. Mayor Perlrnan declared the Special Meeting adjourned at 7:50 p.m. ATI'EST: City Clerk MAYOR The unders'~med is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Speeial Meeting of the City Commission held on August 12, 2003, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -2- Special Meeting August 12, 2003 WHEREAS, the Delrey Beach You~ Beskethall program is sponsored by the Delray Beach Parks and Recreation Department, and the players proudly represent the City of Delray Beach year-round; and WHEREAS, four age division teams (instructional, Junior, intermediate and Senior) advanced to the final round ptayoff game th the league and championship; and WHEREAS, in the Insbuctional Division (ages 2-7) coached by Zadean Williams with assistance from the student and parent volunteers and coaches from other divisions, all 85 participants were champions and winners in the games played at Community Child Cam Center on March 5, 2003; and WHEREAS, th the Junior Division (ages 7-9) the regular season and ptayoff champions JUST US, coached by Lovett Leonard and Paul Fulton, advanced to the ~aampionship games and won first place in the games played at Pompey Park on March 8, 2003; and WHEREAS, in the Inta~mediate Division (ages 10-12) the regular season and playoff champions JUST US, coached by Eric Baffle and Gerrall Lewis, advanced to the championship games and won first ptace in the games ptayed at Pompey Park on March 8, 2003; and WHEREAS, th the Senior Division (ages 13-15) the regular season winners, ~ha RA'I'rLER$, eaactmd by Terrence Scott and Mike Cotaman. met the playoff champion. LAKERE, coached by Curtis WilJioms. 8harman Lestar. David Wea~erepoon. and Bruce Gaffney. in the championship games at Pompey Park on March 8. 2003. where the Lakam won first place; and WHEREAS, es a spinoff of the regular eseson basketball teams, the first all girls league was formed with 85 participants ages 12 to 16 years of age, which, when added to the existing schedule, made the 2003 basketball season the first year round basketball pregrem in the City, with games played at the Community centar and Pompey Park; and WHEREA'~, es a spin off to the regular eeeson and all girls basketball teams, lmvel basketball teams v/are fommd for the girls ages 11, 12, t3, t4, t5 and t6 ond boys ages 14 and 16. These eight teams farm g~ups ~e respective age groups onterad ~umamonta over the State of Florida and within the City of Deb'ay Beach; and WHEREA~, of the b'avaling teams, glds age 12 and t6 won th West Palm Beach Pals Tm~mamont escond and first place respactively; the 16 and under gids won second place in the Slam Feat Tournament in R. Laudardala, Florida; the 15 and under gids and 15 and under boys both placed second th the Roots Festival Toumamonts in Delrey Beac, tt; and two teams of middle schea] and high school girls placed third and fourth at Florida Atlantic University. All of the teams were coactmd by an all volunteer staff: Curtis Williams, ~ Blake, F. dc Settle, Jeanne Baffle, Al Gon,~alez, Luz Gonzalaz, Te~once WaUdns, Connie Watkins, Lee Ransom, Ayeaha Edmonds, Brace Gaffney, and Zerioan Williams; and WHEREA~, the parents, friends, and sponsors of the Delray Beach Youth Besketba]l program represent the City of Dalray Beach th _-,_~rt_. of the ___~_ ishmeets of these young mon and womea and their NOW, THEREFORE, I, JEFF PERI. MAN, Mayor of the City of Delray Beach, Florida, ea behalf of the City Commission, do hereby proctaim the Delrey Beach Youth Basketball playm's and coaclms to pa *'CHAMPIONS AMONG CHAMPIONS AND AM BAE~SADORS OF GOOD WILL AND SPORTSMANSHIP FOR THE CITY OF DEI.RAY BEACH, FLORIDA" IN WFFNF..E~ WHEREOF, I have hereunto set my hand end caused the Official Seal of the City of Dalrey Beech, Florida, to ha affixed this 19~ day of August, 2003. JEFF PERLMAN MAYOR WHEREAS, fighting fires is a hazardous profession, requiring physical strength, stamina, extensive training, courage, and selfless concam for the we~are of our citizens; and WHEREAS, in addition to their daily sen/ica to communities, Fire Fighters throughout the state and across the nation have joined the Muscular Dystrophy Association (MDA) for the post forty-nine years in the fight against neuromuscular diseases; and WHEREAS, Florida Fire Fighters collected a record breaking $1,336,750.00 in over 300 communities with their 2002 'Fill the Boot' campaign for the Muscular Dystrophy Association, again making them MDA's largest source of funding; and WHEREAS, the Muscular Dystrophy Association is extremely grateful to the City of Delray Beach Fire Fighters for their support and dedication; and WHEREAS, the funds collected by the Cit~ of Delray Beach Fire Fighters assist the Muscular Dystrophy Association in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and WHEREAS, in honor of the efforts of the City of Delray Beach Fire Fighters, the Muscular Dystrophy Association is sponsoring City of Delrey Beach Fire Fighter Appreciation Week. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of August 25, 2003 through September 1, 2003 as CITY OF DELRAY BEACH FIRE FIGHTER APPRECIATION WEEK in Delrey Beach, Florida and command the City of Delrey Beech Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association. All citizens and empioyses are encouraged to join the Muscular Dystrophy Association in this tribute to our Fire Fighters. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 19~ day of August, 2003. JEFF PERLMAN MAYOR WHEREAS, in Palm Beach County it is astimated that as many as 22% of the adults function at the lowest level of literacy; and WHEREAS, the Palm Beach County Literacy Coalition serves to promote the learning of basic ~in$, wril~g, and F,n~lish to further literacy within our county;, and WHEREAS, the Coalition coordinates workplace literacy programs at many businesses in the county;, and WHEREAS, hundreds of volunteers are needed to become literacy toturs with adults and childrun; and WHEREAS, celebrity readers will be reading to hundreds of children at thc September 6, 2003, Resd-A-Thun at CityPlace; and WHEREAS, elemcntary school children and staff all over Palm Bcach County will be celebrating International Literacy Day on September 8, 2003, wearing Read With Me stickers; and WHEREAS, many business will be competing in the Coslilion's "Great Grown-Up Spelling Be~ on September 20, 2003, to raise literacy awareness; and WHEREAS, the Literacy Coalition is asking each individual in Palm Beach County to ~'Calebrste Reading" in September by initiating or renewing the reading habit. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delrey Beach, Florida, on behalf of the City Commission do hereby proclaim September, 2003 as LITERACY AWARENESS MONTIt in Delrey Beach, Florida, and urge all citizens inUm~ied in acquiring ~rvices or information regarding literacy to conlact thc Palm Beach County Literacy Coalition. IN ~I'I'NESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 19 of August, 2003. FEFF PERLMAN MAYOR WHEREAS, the month of Sept~h~ is National Alcohol and Drag Addiction Recove~ Month; nmi II~IBRF.,A~, acknowledging Septembe~ 2003 offers individuals in thc substance abuse treatment community an oppox-tunity to educate the public ~md policymak~ about the effectiveness of tx'e~% both societal and fin~nci~ and WHI~RF. AS, substance abuse is a ueatable condition and t~eatment of addiction is as mcee-~s fu] as the t~mtment of chronic diseases such as diabetes, hypertonsion, and asl'hmai and '~FI-LERE, A~, thousands of he~ldi cm'e providers h~ve dedicated theis lives to the recovery pn~.e~s sad to the education of the public about slcoholi~m, drug dep~mde~ce., ~md t~eatment issues; and ~rIF..RF..AS, the U.S. Deparmaant of Heslth and H,m~n Sexvices, Substance Abuse and Mental Health Setvic. es Administxafion's C.e~tez for Substmxce Abuse Tze~tmant and the Office of Nafiotml Dsug Control Policy invite all x'~,=ddents of Delray Beach, Florida to participate in Natiomd Alcohol and Drag Addiction Recovery Month. NOW, THBRIgFORB, I, JIgFF PERLMAN, Mayor of the City of Delr~y Be~clg Flotids, on I>-hohe of the City Commi~-,don, do proclaim September 2003 as NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH in Delray Beach and e~counMoe all citizens to support this yeags theme - "Join the Voices of Recovel~. Celebrating Health" - by supporting men, women, and youth who s_re in dzug and alcohol ~ddlction tx~eat~ent and recovery and their ~milies. l'lq wfl'lqB$S WHIgRIgOF, I h~ve hetetmto set my h~md and c~used the Officisl SceloftheCityofDel~yBe~clgFlofids, to be ~ffixed this 19~ dayof August, 2003. JEFF PERLMAN MAYOR Chris Miller, Chaperone Linda Du Allison Lalane Deiray Beach Sister Cities Student Exchange to Miyazu, Japan June 5, - June 14, 2003 Delegation Reports Jessica Pisano Eva Luo Noah Garbarino NancyKing, Chaperone Day One: June 5, 2003 Linda Du Today is the first day of our Japanese adventure! For the next 10 days Allison, Jesse, Eva, Noah, and I will face the amazing Japanese culture (actually, two of those days will be on an airplane ®). I find it interesting that we were the selected five because all of us don't really know each other that well, especially me. I feel like the odd-man out since I'm the only on who isn't in band, but than again Noah is the only boy (it's a lot worse for him). I hope we're not a boring group since we don't know each other that well. Hopefully, we'll all pull together and make this trip unforgettable. Day Two: June 6, 2003 We're in Miyazu now, and I still have no sense of time. We lost a day, so it's nighttime now. The plane ride was EXTREMELY long, but not completely boring. Jesse and I met this really nice guy from Harvard on the plane. He thought that all of us going to Japan on an exchange trip was really cool, but I don't think it had settled in my head that I was going to Japan at the time. Now that I finally am here, IT'S SETTLED! This place is amazing, even though it's night and I can barely see anything. It's really great to see Miyu again; I didn't think it would happen! She got her haircut and looks a lot older. Her family is so nice and friendly. They try to speak English to me, which is making my transition into the culture a lot easier. After we met everyone at City Hall, we headed back to the homes. Miyu has an amazing home. It's located tight next to City Hall. I suppose you can say she lives towards the center or downtown of the city. At first I wasn't even sure if her home was a house or an apartment because it was so formal. I guess this is a city style home, and I've never lived to the city so I'm not used to living so close to main streets. Her house is four stories and is extremely clean. As soon as I got in I got my slippers and everything was just like Mr. Miller described. This place is amazing! Everything is so clean and organized. They make sure to take care of every little detail. The house is decorated in the cutest items, such as Miffy and Peter Rabbit. I sort of notice that everything is a bit smaller too.., all the doorways, hallways, staircases, cars, roads, roofs, everything. It doesn't bother me though, I guess it's cause I'm small anyway. Day three: June 7, 2003 What a fun day! I woke up so early today because of jet lag. It was actually quite pleasant because I woke up in my soft bed to sunshine shining through my window. After breakfast my host mother opened the balcony door in my room and saw the peaceful city at work. There were people planting flowers, people tiding bikes, and students walking to school. It's such a quaint city! Later, my host mother showed me the family stored that the grandma managed. It's a small linen store (small like everything else here). Miyu's friends greeted me at the store and we all went to Mipple to take the little pictures that I had been introduced to in FL. Linda Du Mipple, the seaside mart, is a small shopping center that is a bit like a mall. There are five stories and each floor sells certain products. There were so many people! I even bumped into Jesse and Mr. Miller! I love it how this city is so active. You can always find someone walking down the street or riding a bike, totally unlike south FL. If you walk or bike on the streets in FL you get stared at as if you are crazy. Everyone seems to be so carefree. Even though Miyu's friends had exams to take that day, they weren't stressing out like I would usually do. The rest of the day was spent with Jesse and her host sister, Yukino. My whole family, Yukino, and Jesse went to the "small old theme park" to ride old rides and see the Amanohashidate. Surprisingly, the place is quite popular. It is a very beautiful place, but it is even popular with the city's citizens that see Amanohashidate everyday! This city is so incredibly beautiful. It's so old, yet still has a charm. It's modem and ancient at the same time. It has the beauty of modem life and the beauty of nature. It has everything! Jesse and I even got to see the Amanohashidate up close on the speedboat. The water here is beautiful. It's green throughout, unlike the black beaches of Boca. After our day out, we finished up with Japanese style BBQ and teaching each other games. I think games bring people together because at first we were all kind of uneasy with each other since it was the first day, but after the games we were all laughing and having fun together. It's amazing that you don't need to know a foreign language completely to teach and understand the game. Jesse and I soon got to experience the brilliance of the Japanese minds once they started beating us at the card game we had taught them! Day Four: June 8, 2003 Today we spent the day with EVERYONE, including some workers from City Hall. We started offthe day with the painful tea ceremony. I say painful, because while it is very graceful and beautiful, it hurts your legs like nothing else. Sitting in the kneeling position for over l0 minutes gets my legs numb and leaves them feeling-free. The tea we had was extremely bitter, but the cake that complemented it was very good. I could have those cakes all day and not a sip of tea and I would still appreciate them! After the tea ceremony we rowed boats. It was kind of sad because out in the bay we saw little middle school kids and they were rowing faster than us, and we were older! The bay is absolutely gorgeous. I could just sit out in that boat all day relaxing in the mild weather, while I waft around in the green water as jelly fish pass me by. Too bad there were about 20 other people in that boat! Hehe. For lunch we had what ! feared... FISH! What was even worse was that it was flapping while it was in the grill! I completely freaked out! There was also mini conch. I instantly lost my appetite... My dad said I would have to face seafood in Japan, I didn't think it would be that soon though. To my surprise, it wasn't as dreadful as I thought, but the scene of the flapping fish was still fresh in my mind. The rest of the day was awesome. We took a speedboat across the bay to the other side of the mountain to rent bikes. On the Amanohashidate, I set offthe bathroom alarm. I think I have made it clear to Miyazu that I AM A STUPID AMERICAN. Riding bikes across the Amanohashidate was a challenge because not only were they unstable bikes, but also the pathway was packed! There are so many people on the L~daDu Amanohashidate riding bicycles, running marathons, or just walking around with their families. No wonder there aren't many immensely fat people here! The day ended nicely with a trip to Mipple again to take "pficulas" and my family had my favorite Japanese dish for dinner, TEMPURA! I could live here forever! Day Five: June 9, 2003 Even in another country on vacation I have to go to school! Well, this school is a lot different than the school back in FL. First off, it's much cleaner. Secondly, the people here are also a lot more respectful and friendly. Thirdly, I don't have to pay attention! Hehe. I love this school! Even though it's almost 100 years old it looks a lot better than Atlantic. As soon as we got to Miyazu High School we had to load back up on a bus to go to Ocean Marine High School. We were really lucky and got to see a celebration of 20 seniors who are going offon the school boat to study marine life around the Sea of Japan for two weeks. That is so cool! I wish Atlantic had something like that. It's really nice how education here rears the students back into the city for work. In the U.S. I feel that some of the things we learn are completely pointless and I have no idea of what to do when it comes time to work! The rest of the day was history, and I mean that literally! When we got back to Miyazu High School we joined our host siblings in their classes. Besides P.E. I had mostly history classes, which was a bore because there was no idea I could understand nay of it. Even though I was very lost, I did have fun watching people in class. I find it amazingly that the students here are not much different than the students in Atlantic! The students here slack offand fall asleep in class too! I even saw a bunch of girls passing notes and dozing off. I came to Japan thinking everyone would be very attentive, but I guess I was wrong. What struck me as odd was the informal segregation. For some reason I didn't see much integration between the boys and the girls. During lunch boys ate with only boys and girls ate with only girls. The boys try to act tough and the girls act very feminine. This is a bit like elementary school! When I brought up the topic of boys, the girls erupted in giggling. When they found out I had a boy friend they got even louder. The only person that seems to approach boys is Miyu! Miyu is a lot different in her own environment. In Delray she was the most shy and quiet. In Miyazu, she is the most' outgoing and comical. It's strange how someone's personality can change so greatly from a situation. Day Six: June 10, 2003 Another day at school, except today was a bit different because we were treated as more of guests. Eva and I got a question and answer session in the English class. It was funny when they asked us about baseball stars because we had no clue who the people they named were and it was hard for them to understand that in America, we idolize football, not baseball. Instead of having an Obento lunch today, all the host students arranged for all of us to have lunch in the cafeteria, which was really nice because now I have a sense of their completely different cafeteria! It was so cool. You buy a ticket from a machine that says what you want. Then you give the ticket to the cook and she makes it for you hot and fresh. The food is actually good too! I wish we had cafeteria food like that too instead of nasty heated food. After school, we went to ICC and they showed us games and brought us to the band to play in it. Then, we went to the falls in the mountains. The long strenuous walk was completely worth it. The falls were incredibly beautiful and peaceful. I've seen waterfalls before, but they weren't quite like this. I love it how Miyazu can be so busy and yet at the same time, so peaceful. Day Seven: June 11, 2003 Oh no! Our last full day in Miyazu! I'm not ready to go! School was the usual, but I couldn't help but feel a bit sad because this would be the last time I would sit next to Miyu in class. I had P.E. again except this time it wasn't dance it was softball. I noticed that the girls didn't play with the boys and vice versa. The boys also only played certain games. I never saw boys taking dance or softball; instead they would play baseball and judo. I don't understand why they segregate the sexes so much. I guess it's because I'm so used to the almost equality I have in the U.S. The school day ended quickly and as soon as I knew it was time to pack up and go. But before we headed to the hotel for the Sayonara Party, my host mother and Miyu took me out on bikes to buy souvenirs. They brought me to a near-by shop that sold handcrafted items make of Miyazu silk. Everything was so beautiful! I've seen the bunny in almost every shop. I'm guessing it is because the bunny is a sign of luck for the Japanese. It was nice how the shop was so informal because as I browsed around I felt comfortable, unlike the formality of shops in the U.S. Before I knew it, we were ready to go to the Young's Inn hotel (AH! The dreaded moment!). ! had my speech all ready that I wrote from my heart to my family. ! put a lot of time and effort into it and I could only hope that they would like it. I didn't want it to sound like some general speech about how this trip has changed my life and now I have a new perspective of Japanese culture. I wanted this speech to express how much ! appreciate what they did for me and how they have made my "dream" become a reality. It was hard to express in words that the life I thought I would never have, I got, thanks to them. Giving the speech was really hard and I thought I was just going to burst out and cry. The night went by so fast with dinner, speeches, pictures, and fireworks. The moment that I'm sure we all dreaded came too fast, the goodbyes. I couldn't help but start crying. I can only hope that this will not be the last time I see Miyu and her family and that we will continue to be "international sisters". Day Eight: June 12, 2003 The host families all came to the train station to say our real final goodbyes. As the train pulled out of the station and we waved to them as they waved to us, I couldn't help but think that the situation was so much like in a movie. The moment was Linda Du unforgettable. It took me awhile to realize how amazing it is that two completely different worlds can become so close in such a short amount of time. Well, the rest of the day was pretty much like a tourist's day as Mr. Miller guided us through Kyoto. Kyoto is amazing, but it's such a big city that everything becomes so formal and unfamiliar, unlike Miyazu's homely feeling. The people in Kyoto are also very different. They fit more of the Japanese stereotype that I had in my head when first arrived in Miyazu. Miyazu showed me that I was wrong, but Kyoto seems to support the stereotype. I guess it just shows how different people can be even if they are in the same c0ulltry. Day Nine: June 13, 2003 The day was spem shopping and touring around Kyoto. Kyoto is pretty amazing with all the castles and temples. It's incredible that they were able to preserve the buildings for so long and in almost perfect shape! Every time I'm in a place like that I can't help but imagine what it must have been like back then. Even though Kyoto had so much to see, the weather wasn't agreeing with us. Since it was the rainy season, we were confined to do mostly shopping at Takamashiya and Teramachi. I love shopping! I found it kind of strange that there were so many school kids though. I would think that they have to attend school. Japanese schools are so much more fun! They get to go on field trips! I can't remember the last time my school had a field trip! Day Ten: June 14, 2003 How sad! Our last day in Japan! I'm not ready to leave, ever. I think after this trip I am definitely going to someday study in this country abroad. There's no way I would let an opportunity like that pass me by. This exchange has showed me that if you take the extra effort and opportunity, you can experience something that others can't even imagine. It's going to be hard to describe this to anyone else. Despite the feelings I had about the group on the first day, I am convinced we were the perfect group. We have such diversity and on the trip and we have managed to become so close even though we barely knew each other before. The entire time in the Detroit Airport I couldn't help but think, "I hope this never ends." Besides having a great cross-cultural experience, I've made a bunch of great friends. Maybe this will never'end. Noah Garbarino i J,une 7, 2003 I I guess the first thing to say is that I'm actually in Japan right now. All that waiting finaily p~d . off. The Waveling wasn't too bad, but I didn't really know what to expect. The plane ride fi.omi ! Detxoit to The Kansei Airport was very grueling, I've never been on a plane, sitting in the same spot that long. I remember asking Ms. King how much time was lefi after what seemed like an ~ eternity on the plane, and she replied with, "7 hours." It was all wo~ah it though, Japan is better than I ever expected. It is so good to see mountainfi i again. We an'ived at the ah'port at about 6:30 p.m., if I remember correctly. After going through customs and changing our American dollars to yen We got on a bus to Miyazu. The four hourI ~ bus ride landed us in Miyazu at about 11:15. We iramediately headed over to our corresponding host family's houses. I really like the Hosokawa's house, the rooms downstairs, i including my room are everything you think of when you think of traditional Japanese houses. There are sliding paper doors and the tatami mat floors.. Ayumu's family is extremely nice, right'. away they started treating me as a family member. As soon as I got to their house, Ayumu had to go to sleep because there was a big tennis tournament the next day that he had to take part in. Ii i sat down with the Hosokawas, minus Ayumu, upstairs and had some tea. There, they introduce~l me to Ako, Ayumu's older sister, and as luck would have it, she studies English in college, so she ~ could speak fairly well. After a small chat about what Defray is like compared to Japan, I went to~ bed. It wasabeut 12:30i ! Five and a hail hours later I got up. It's strange though I don't feel tired at all, but that will probably change. Ayumu's father, Ako, and I left for the Wain station after a very nutritious~ breakfast. It consisted ora salad, yogurt, and toast. I barely ever eat salad, and for breakfast is definitely out of the ordinary. It took haifan hour by Irain and an hour by bas to get to the sportsi park. The park was huge, hey had every kind of sports arena imaginable there. Ayumu was playing in the tennis tournament that included ail of the high schools in the Kyoto prefecture. We watched Ayumu play a few games, and despite what he will say, I thought that he was an excellent tennis player. In a few hours we left because it was getting fairly hot, and Ayumu wasI noticeably embarrassed that we were there. We took the bus back to the train station to meet Ayumu's mother, but she wasa't there. decided to take me to a local castle while we waited. I'm not really sure what it was called, but it was very nice. It was so clean, even though I never saw anyone cleaning. I took some picturas,I then we met up with Ayumu's mother. Before we went home we drove up this mountain where there is a really nice view of the bay at Maizuru. On top is the Goro Sky Tower. It's this largei tower so you can get up even higher to see the bay. It was very pretty and ! took a bunch of pictures that I hope come out well. t I ARer we drove down, we went home. I spent a little time in my room unpacking and then it was time for dinner: rice, tofu, soup, and flied fish. It was good but a lit'de strange. TomorrowI should be a lot of fun, I think we're going on a tour of Miyazu, but right now I'm tired. June 8, 20031 I Today was great. We went on the bus tour of Miyazu after a tea ceremony at my house. It was a nice ceremony, despite that I cou/dn't stand up bom sitting on my legs for that long, and the tea Fas a little strange. I The first stop on the tour was a park that held a table and benches given to the city by Delr~y~. The park w. as very pretW and we had our picture taken at the table. Next we went to a harbor1 where all slxtecn of us learned how to synchronize row a boat. Once again, Ayumu was at the Noah Garbarino ~1 tennis tournament, so Ako came with me as my student on the tour. It was very nice of her to n come. After we rowed back to shore all of us went to this marine museum. We wondered aroundI I there until it was lunch time. The bus came and drove us to this odd hut right on the water. I r 'i guess, it's this place where fishe~amn can go and eat lunch. That was probably the strangest meal I I had in Japan. Entire fish and these little conch like shell animals were thrown right on the a': grill. The fish was good, but the shell things were not; they were bitter and extremely chewy.I I When everyone had finished eating we got on this boat for a trip around the bay and then to , Amanoh~tshidate. I was surprised at how fast the boat went. It was fun though. Eye,one got offi / the boat and walked across a bridge onto Amanohashidate. It is so pretty there: huge trees, long beaches, and a path through the middle. The whole group rented bikes and we took offtowerdI i the other side of the land bridge. That was an extremely fun ride, the weather was not too hot. It probably looked fairly strange to other people though, a group of sixteen people with seven ' [ encans al together nding bikes. Pretty qmckly we amved at the other sxde and entered fids small town. We parked the bikes and walked up to where we would take a chairlift up theI / mountain. [ The view fi.om the chairlift was very nice, but it would have been tons better if the left lens hadn't fallen out of my glasses. I made it to the top, half blind. The spot we were at was to lookI down at Amanohashidate. It was so beautiful up there, and I'm just glad that I still had the right lens to look through my camera with. I took a whole bunch of pictures, and everyone got theirI picture taken by one of those professional companies. I've never seen anything like Amanohashidate before, it was completely different to see in real life. Hopefully I will come'~ back sometime in my life to see it again. That was the end of the tom, but I still had the problem of the broken glasses. Unexpectedly to~, me, Ayumu's mother took me to an eye doctor. They were very nice there, and even made tea for us. I felt bad about all the trouble to the Hosokawas. They fixed my glasses back up and~t replaced the lens, but when I get back home I will have to get new ones. They are more than adequate for the moment though. I couldn't express my gratitude for the doctors and my family,i That was so nice of them to do that (and so quickly too). We went home and had dinner and I went to bed. We only have three more days in Miyazu, and our first day of school is tomorrow. 1i think this is the first time that I'm looking forward to school. June 9, 2003I / Today was the first day of school, but when we got there we didn't go straight to class. First we me the principal of Miyazu High, then we traveled over to the Marine High School. BothI schools are much nicer than ours. I Coincidentally, twenty students from the Marine High School were leaving that day on a two weeks trip out around Japan to study marine wildlife and visit other high schools. There was this big bon voyage ceremony thing. I'm glad that the school included us, it was fun. After they left, we were taken on a tour of the school. They have very amazing facilities for a high school. There are huge rooms with large tanks to study fish. There is also this really deep pool for scuba diving and underwater welding training. After the tour we came back the Miyazu High just inI time for fourth period, which for Ayumu is English. The teacher made a big deal out of my , presence. He had me come up in front of the class and talk about myself and my high school. I was also asked questions by the students like, "How is Ichiro the baseball player doing?" and, "What are the latest fv~qhions in America?" I had no idea how to answer either of those/ questions. Class is fun though. After English was lunch. I had this delicious bento lunch th~ had rice, and some other things that were good. After lunch was math and the teacher didn~[ really acknowledge me so I found some things to occupy myself with. Noah GarbarinO tThe next class was biology. The teacher was very nice and ~ed as hard as he could to speal~ to me/n English. It was a much better bio class th~m the one I had back home. The last class wasI chemistry and again, the teacher didn't show that he noticed me. After school all the kids'~have a thin'y minute cleaning period where they sweep and dust and what have you. That wouldI definitely not work at our school. It would end up being so dirty. The extra-curricular class for the day was ikebana (if that's spelled right) which is flower arranging. It was fairly interesfing~I but neither Ayumu nor I were any good at it. ~ A .y.u.m. u and I walked homeai~er it was over. Dinner was soon served, but Akowasn't there toi eat w~th us. She had gone back to Kyoto that morning. Afterwards, Ayurau's parents took me On a nighttime bicycle tour of the local shrines and temples. It was so beautiful in the city at night,i That was the best bike ride I think I have ever taken. It was too short though. When we got home itwas about ten o'clock already, so I took a shower and went to bed.i June 10, 2003 I Well the second day of school is over and it was fun. Today was the last day of schogl in Japan and I'm definitely going to miss it. EveD, one was so nice and welcoming there. Schooli proceeded as normal, except at the end of the day, the ICC (international communications club) gave us a party were they taught us traditional Japanese games. WE said our goodbyes to the', school and went home. Soon we were headed offto the hotel where we would be staying that' hight. All the students, their families, Ms. King, Mr. Miller, and the people fi.om city hall all ateI dinner together. All of the students said a few words of thanks to their families and ! played my guitar for everyone which was unexpected. After an extremely long goodbye we I went up to myI room and went to bed. June 11, 2003i / First thing today was the train ride to Kyoto. We packed our things up and walked over to the t rain station. Most of our host families were walling to see us offthat morning. After another longI goodbye we got on the train and sadly left Miyazu. The train ride was ~bout three hours long. It was very beautiful though, The ~-acks went right through the mountains.I i Finally we got to Kyoto, and my first impression was that it was a normal big city. We all colle cted our luggage and heeded over to the hotel, which was conveniently very close to the train statii on. We dropped offour bags and started our sight-seeing ofKyoto. Kyoto is just like a big city e xcept that there are huge castles and temples scattered around. WE visited some of the major cast'i les and gardens the first day. Kyoto is very nice city but I like Miyazu much more, you felt like a family member there and now its very apparent that you are a tourist. I am still enjoying myselfti hough, tomorrow is more of Kyoto. Then we get hack on the plane for another grueling flight bac k home. i Allison Lalane Sune 6, 2003 We are finally in Japan. After we got out of the airport we got on a bus and went straight to Miyazu. When we got there all of the host families were waiting for us. It was very exciting to finally meet my host family. After I met my host family I went back to their house with them. Then they showed me where everything is. They seem very nice and are very welcoming. June 7, 2003 Today was a lot of fun. Last night I was ve~ tired so I didn't get to talk to my host family very much but today I got to know them a lot better. This morning I showed them pictures that I brought from home and it was really neat to show them my family, friends, and pictures of Delray Beach. Mayuko and I also got to go for a walk today. Miyazu is very beautiful. Not only do they have a beautiful beach but the mountains are very beautiful as well. The weather is also very nice, it is much cooler than Florida. It was also interesting too see all of the rice fields. I had to ask Mayuko what they were because I had never seen them before. She also explained some of the festivals they celebrate in Japan and showed my where they went to celebrate them. Today we also went out on a boat ride and fed the birds. I got to see more of Miyazu. Then we went to the Power Plant. It was very interesting. They had many aquariums with different kinds of marine life. It was neat because they had the names of the different creatures in both English and Japanese so I got to learn the Japanese names and my host family got to learn some English. Later in the day I got to meet some of Mayuko's friends. They were all really friendly and polite. They asked me a lot of questions about Florida, my school, music and sports. Our schools seem very different. Everyone was surprised at how many students go to Atlantic. It was cool that we knew a lot of the same music and that they like some of the same sports as me. June 8, 2003 Today all of the exchange students and their counterparts got to go on a tour of Miyazu. It was fun to meet up with the other exchange students to compare our experiences so far. First we went to a tea drinking ceremony. It seemed very traditional. When we got in we took offour shoes and sat on the floor. We were served green tea. Before we drank the tea, we turned the cups several times to admire them. They were very beautiful and each cup had pictures representing different times of the year. They tea was bitter but I drank it all. Then we went boat rowing. We all got on one boat and when the man at the front yelled "ich" we pulled our ores back towards us and when he yelled "ni" we pushed them away. After Lunch we got to go to the Amanohashidate. We rode bikes across it and then took a chairlift to the top. The view was beautiful and it really does look like a bridge to heaven. While we were there I also got to try some new foods. I had rice cakes and green tea ice cream. The green tea ice cream was a lot sweeter than the green tea I had at the ceremony and it was very good. Later in the day I got to meet my pen pal Rieko. Rieko, Mayoko, and I as well as Linda, Jessica, and their host students all went to Mipple. Mipple is very big. We shopped and took pictures there. It was really nice to meet Rieko in person. Allison Lalane June 9, 2003 Today was the first day of school. After we introduced ourselves to the teachers at Miyazu High School we went to Marine High School. We got to say good bye to the students who were leaving on a ship to sail around Japan. I was so excited for them. Then we were given a tour of their school. It was very nice and all of their different programs were so amazing. I was especially impressed with all of their diving facilities. Then we went back to Miyazu High School and it was nice to meet up with Mayuko again. My first class was chemistry, which is my favorite subject. Although I didn't understand what the teacher was saying, I could follow along with what he wrote on the board since much of it I had done in chemistry this year. Classes are very different in Japan. All of the students wear uniforms and slippers. At the beginning and end of class, the students bow. They also address their teacher as sensei. It is also different that the students stay after school to clean their classrooms. After school we went to the flower arranging club. I had never arranged flowers before and didn't really know what I was doing but the teacher helped me. I really enjoyed the flower arranging. June 10, 2003 Today we went to school again. We ate at the cafeteria for lunch. Their cafeteria is really good. I also had a music class today. The music teacher is very nice and enthusiastic. She showed Jessica and I all of the different instruments and told us what they were called in Japanese. Then the students played the Nutcracker and Jessica and I clapped along with the beat. They played very welt and sounded beautiful. Al~er school we went to ICC. It was very exciting because I am in ICC at Atlantic and it was neat that their school has one too. In ICC we played some games that the members had prepared for us. It was so much fun. Then we went to the waterfall. The water fall is beautiful and was well worth the walk. After we ate dinner we did some indigo dying. I folded my cloth several times and then put rubber bands on two of the corners. It was fun to see how it turned out in the end. June 11, 2003 Today was my last day in Miyazu. At the end of the day we said good bye to our homeroom class and they gave us some very nice gifls. It was sad saying bye to everyone. After school we went to ICC again. They made us a really nice card that'they had worked a long time on. The artwork on the card was very impressive and it was sweet that they spent so much time on it. Later that day we went to the Sayonara party. We lit off fireworks and took lots of pictures. Then we had to say our goodbyes. It was very sad leaving everyone, especially my host family. Everyone had gone above and beyond in their kindness and in meeting all of our needs. I felt at home in Miyazu and felt like I was leaving my family. I know that I made friends for life there and will keep in touch. June 12 and 13 2003 After Miyazu we went to Kyoto. It is different from Miyazu in that it is a big city. We got to visit a lot of very old sites and shrines. The first place we went to was Nijo AHison Lnlnne Castle. It is very large and old. Inside the floor boards make noise so that no one could sneak in. The artwork inside is very intricate and beautiful. The history is also very interesting. We also visited several shrines. When we first entered we had to cleanse ourselves in the water. Then we got to walk around and I rang the bell, clapped my hands and made a wish. The view fi.om the shrines was very nice since they were on the side of a mountain. Also in Kyoto we got to go shopping and see the city life. On our last night we sat by the river and lit fireworks. Eva Luo Japan Exchange Trip 2003 in Review This trip was ever)thing one could dream a trip to be. It is not everyday that one is able to travel across the globe to an exotic country along with friends and wonderful chaperones to make even more friends and to see indescribable wonders. In a nutshell, that was exactly how our trip to Japan was. In just ten days, I experienced the trip ora lifetime (and I'm sure no one would contest to that]). In the wee hours of the morning on June 5t~, I tumbled out of the car into the Crest Theater at Old School Square. As soon as I saw the four other families, llke mine, gathered around to send their kids off'to Japan for ten days, the excitement began to build up within me. After countless lessons with Mr. Miller, a couple of preparatory meetings, many discussions about SARS with my dad, days of'gift shopping, hours of packing, and loving good-byes to our families, we were finally on our way to Japan! What lapsed in my mind was the foreboding 30- hour journey it would take to get to Japan. By the end of two turbulent, and eerily noisy plane rides t~ Japan, my patience and energy had waned. I just felt so dirty, and couldn't wait to find a shower. Not being able to find a comfortable position to sleep in on the plane, I was at the epitome of sleep deprivation. ! was very worried that I would make a horrible impression on my host family and all of'Japan by making social faux pas left and right. When we finally reached Miyazu, a warm welcoming committee from the Friendship Committee of Miyazu and the five host families greeted us. The warm welcome was very comforting, especially since the weather was unexpectedly cool and breezy. Amidst all the shiverln8. I managed to guess which student was my host student. I immediately recognized Miyu and Ayumu as the students who visited Delray Beach earlier in the school year. Of the three remaining girls, I had a sneaking suspicion that the tall glrl standing with her mother was my host sister, Yuka. I was so happy to find out that ! was right! The trip to my host house was very short. While in the car, Yuka and her mother asked me many questions end I soon felt at ease. But as we pulled into the driveway of the house, 1 closed my eyes to hide the one moment I've been dreading...meeting my family. [ had conjured all sorts of images of sbon, cold, and mean family members. ! was afraid they were all going to stand in front of the doorway and wouldn't allow me to enter the house until I spoke a flawless sentence in Japanese. But when I peeked through the slits of my eyes, I noticed that no one was waiting at the door. I let out a sigh of relief and quickly hopped out of the car to help my host mother and Yuka with my heavy luggage. When I walked into the house, I customarily took my shoes offend couldn't find any slippers. My first thought was to open my suitcase and take out my own slippers, but then I saw out of the corner of my eye that my family didn't wear slippers. So, I continued into the house with sock feet. The rest of the family was waiting in the TV room and kitchen area. My host brothers were watching the Matrix in Japanese on TV, while my host father and grandparents were snacking on little cookies. When I walked into the room, the whole family brightened the room with their smiles. I felt like a long lost relative returning home. After a cup of tea (with many more to come!) and some cookies, I walked over to my suitcase to organize the gifts. Every single family member loved my gifts. I can still hear my host grandfather saying how young he now looked with his new baseball cap. Noticing that I was tired, my host mother in a sweep told Yuka and I to take the suitcases into her room and get to bed. My first Japanese bathing experience was so soothing. I longed for this shower for ages. When I returned to Yuka's room, she gave me the most exciting news of the day. ! was going to share the room with her on a bunk bed! To share a room with a sibling on a bunk bed had always been a secret desire of mine. With my newfound excitement ! was reenergized and Yuka and I spent the night talking and showing each other pictures till about 1:30am! My first few hours in Japan were simply wonderful. My host family was truly a delight to live with. I wish I could have known how to speak Eva Luo more Japanese so I would have been able to express my ~'atitude for their hospitality. I am sure in many ways they bent over backwards in those few days to accommodate me. My host father and host mother cooked delicious food, took me sightseeing, and treated me like their daughter. My host mother was like a super hero. I still cannot understand how she managed to cook, look aRer each family member's needs, and work all at the same time. ! was never hungry because there was always a large snack in front of me whenever I had the slightest thought of being hungry. My host mother and host older sister~ Anna, put together the nicest giRs back to bring home to my family. They also put together a small photo album of pictures we took together as a family along with Japanese stamps. I really liked the photo album. The biggest communication diflqculty was between the grandparents and myself. The grandparents were so sweet. I was told that they are famous farmers. Anna showed me a farming magazine and their picture was on the cover. From dawn till dusk they worked in the farm and dinner was of their own rice and vegetables. For the Sayonara party, my grandparents were unable to attend and my host parents deliberately went out of their way to make sure that the rest of the family could attend the party. 1 know as adults they have many responsibilities and I'm so grateful that they were able to make time to spend with me. I hope I wasn't too much ora burden on their normal schedule. My older host sister is a college student in K. yoto. She took time away from school in the middle of the week just to visit mel I had e-mailed her a few times before I leR the US and was very anxious to meet her. Anna was an exchange student herself to South Carolina for one year. Her English is very fluent and she helped translate things for the two days she stayed. She is always so full of energy and along with her mother did so many things in secret just to make me comfortable. 1 remember one night for dinner, Anna made Chinese cold noodles for me. From the expressions the faces of the other family members, I could tell that the cold noodles was not something they enjoyed, but no complains were heard. They ware just happy to see me enjoying my food. Yuka was like a twin to me. My sister at home is four years younger and for many years she was the pain in my side. Yuka belng just a couple of months younger was the best sister in the world. She was fun to talk to, fun to watch, and very caring. Without her, my experience in Japan would be totally different. My little host brothers were adorable. The older of the two, Yoshi, was very quiet. I wish we could have talked more: he was very shy. The younger one, Takeaki, is the little brother I've always wanted. He was cute, active, and funny. One time in the car, he began to sing Spanish numbers and aRer the number 40, he poked my shoulder asking what the next number was for every subsequent number. It was so much fun just watching and playing with him. Both host brothers seem to really enjoy playing outdoors. From gymnastics to skipping rocks to jumping on boulders, these boys were everywhere. My host family was very large, and in my point of view, double the size, double the fun. Like the breathtakin8 mountains of Miyazu, my family is just as diverse and entertaining. I miss them very much. On the first day, my family took me to visit the Fukuchiyama Castle and an Oni Park. l loved walking and climbing the mountains. The beautiful mountains of Miyazu are the exact opposite of the landscape in Florida and climbing them was exactly what I wanted to do. The air was so pure, and playing with my host siblings was really a time to remember. Even when I fell into the river, we laughed all together heartily. Lunch at a fried pork restaurant was delicious as well. I regret that I couldn't eat more. Sunday was one of the most exciting and fun filled days in Japan. We started the day with a traditional tea ceremony, which was a test of leg endurance as well as a test of tulerance. The tea was very bitter, but the pastry called hotaru was very delicious. I love red bean paste. Rowing a boat was the next activity. It took a great teamwork effort and was a great bonding experience. Lunch to me was a test of mental will. 1 normally don't eat any seafood. I've been scared to eat seafood ever since I saw the movie, "The Little Mermaid," when ! was six years old. To my fortune, lunch was all seafood. The rice and soup had fish in it. Tbe main dish was fresh flapping fish and mini conch, k took a long time for me to face my fear of eeting fish. Looking back, I think that was one of the best meals I've ever eaten. ~low, I feel more open Eva Luo minded about eating things, especially fish. After lunch, we took an exhilarating boat ride across Miyazu Bay towards one end of Amanohashidate. When we reached Amanobeshidate we rented bicycles to bike across the Amanohashidate. Ms. King had told me that the students did the same aotivity in the previous trip. I was really oounting on the bicyole trip because I really enjoy bike riding. The sandbar was very crowded- full et' walking children, older people, and couples. The tiny little bell was very helpful. Immediately after the bicycle ride, we were ushered onto the colorful and cheerful cbeirliR. Bordering each side of the chairliR were vivid flowers. ! had never been on a chairliR before. It was definitely a pleasure to watch the mountains grow in size on all sides. When we jumped off the chairlift, Mrs. Curita greeted us. She is really the most wonderful woman I've ever met. ! admire the feats she pulls off considering her age and her short stature. On top of the mountain we were awestruck by the magnificent view the Amanobeshidate. 1 quickly jumped onto the stand to look at the Amanohashidete through my legs. In just a quick glance, with the mist and fog atop the opposite mountain, the Amanohashidate really looked like a bridgn to the heavens. The site is indescribable. I have e habit of wishing the sites I truly adore into a snow globe so I could take them home with me. The Amanohashidate is definitely a snow globe site. Up on the mountain we continued taking pictures and then went gift shopping. Our host siblings bought us green tea lee oream, matcha. It testes nothing like that green tee ice cream in Florida. It captures the taste of green tea really well (having just tasted it that morning). ARer doing some Amanohashidate shopping, we went back down on the chairliR and the mood oftbe music reflected our mood for leaving the mountaintop. The music was very mellow and a bit depressing. I felt a longing for the mountaintop. This was such an exciting day. ARer attending Miyazu High Sohool, it is very difficult for me to decide whether Atlantic High School or Miyazu High School is more fun. I haven't felt so excited to attend school, especially since it was already summer vacation, since the beginning of high school. 1 couldn't wait to see throngs of people in cute uniforms and little backpacks. I wanted to witness firsthand the renown disciplined and attentive Japanese students at work. Boy, was 1 in for e surprise! There are a couple of technical differences between our school and Miyazu High School. School starts at 8:40am and ends at 4:05pm. Eaoh day consists of seven periods of about 50 minutes long. Students are assigned to a homeroom, which has about 40 students in e classroom. Rather than have students switch classes, it is the teachers that move around the school. But for some classes, suoh as physical education, music, or home economics, students walk to those department areas. I oould not understand how the schedule of classes operated. From an outsider's point of view, it seemed very random. Students had more than seven classes. Classes ranged from world history, to home eoonomics, to biolo~, to English. All subjects were oovered. I was told that tests are given weekly on Thursdays and Fridays. At the end of'the day, a select group of students stays aRer an additional five to ten minutes to clean the classroom. Brooms, mops, and dustpans are taken out. The desks are pushed to the back and the students begin sweeping. When the sweeping is finished, the desks are pushed back. This wey the classroom is guaranteed to be clean. What I was very astounded by was the understanding of respect every single student had for the school, teachers, and classmates. Each class began and ended with the students standing and bowing to the teachers. Students never hesitated to let another student borrow a pencil or answer a question. Teachers were there solely to teach. Many teaohers didn't even notice there were foreign students in class. Discipline was never an issue. Not because there weren't disruptive students, but because it is the student's personal responsibility to pay attention and learn. It is understood that it is the students that lose from goofing off. Aside from these few differences, school seemed to be preVO' much the same as in the US. There were the groups of students that would completely doze off in class. There were the students that always wanted to crack a joke. There were the squealing girls pointing at the cutest boys. And who could forget the students that were actually paying attention. Overall, the classes are just as enjoyable as they are in the US. Students seem to be as a whole more attentive, respectful, proud of the school, and friendly. Everyone in class was a good friend. I really 'Eva Luo enjoyed my three days at Miy~.zu High School. Activities at~r school sh~d light on a whole new face of Miyazu High School. Every single student stays after school to participate in a club. Them must be thousands of clubs in the school ranging from flower arranging, to art, to brass band, to badminton, to architecture, to ICC. Each club demands total allegiance so most students belong only to one club. We had the opportunity to visit many different clubs while we stayed in Miyazu. On the first day of school we visited the flower-arranging club and arranged flowers with our host siblings. This is definitely a lot easier said than done. The key to flower arranging is to have a theme, unfortunately, just getting the flowers in a natural looking place for me was already an insurmountable task. [ received a lot of help from the teacher. When finished we put all the flowers on a table for display in one of the hallways in the school. They looked very pretty all together. We were also given the opportunity to play our instruments with the Miyazu High School Band. We were so lucky that each and every one of us played an instrument. It was so exciting to play with the band. Music is a universal language and to know that two different countries can come together to make beautiful music is a very heartwarming experience. I was very amazed and impressed by the dedication each member gave to the band. Some students stayed after school till seven in the evening just to practice their instrument while many students in the US complain in the middle of a one-hour rehearsal. The International Communications Club was a huge surprise because at Atlantic High School we have an International Culture Club that holds the same initials! The purpose and basis of the two clubs are very similar. Just like they encourage speaking English and learning new languages, we encourage learnin8 different cultures through presentations. The ICC was very welcoming in throwing us a party to play universal games and Japanese toys. They treated us like celebrities by asking us to sign T-shirts and giving us meticulously made cards. The card was the best gift [ received. School in Miyazu seems to be so thrilling, but I'm sure there is a more serious side when everyone is preparing for tests and end of the year examinations that we didn't see. The Friendship Committee of Miyazu never gave us a break. I'm afraid they thought that we would become bored of M iyazu if we were left idle for just a couple of minutes. Activities were planned one after the other. After school one day, we were taken to a community center near Mr. Morikami's house to eat curry rice and experience the art of indigo dyein8. With our host students, we hiked up to see the Kanabiki waterfalls, and then play at a temple playground. The indigo dyeing was a lot of fun. 1 chose a simple design that no one else did. Yukino and Mayuka said my design looked like a jellyfish, sagara. Yuka's handkerchief came out very nicely. The ladies that taught and helped us with the indigo dyeing were all so nice and helpful. 1 really enjoyed meeting Madoka. She helped translate thc indigo dyeing instructions for us and later came to Kyoto with us. Our stay in Miyazu was really too short. I wish I could have stayed with my family longer. It was only on the last few days when we finally were able to talk and share our thoughts smoothly. I also wanted to see many ordinary things such as the supermarket, gas station, McDonalds, and how my family led their lives ordinarily. Each day didn't need to be full of activities because it was a great pleasure just to spend time with my host family in the house. Mrs. Curita threw a Sayonara party for us on our last night in Miyazu. There we shared our thoughts of Miyazu in English while Mr. Miller translated for us. I really wish I were able to speak in Japanese and express myself better. There was just so much to say and so little time to say it. After fireworks, pictures, and a musical exchange, it was time to say gnod-bye. This was the hardest part of my day. [just couldn't keep a smile on my face. I knew I was going to miss my family a lot. It is so hard to put in words all the thanks I wish I could give them. I wanted to skip out on Kyoto just to stay with my family. 1 had made so many friends and felt so much at home that it was very hard to leave. Luckily, our families came to see us offat the train station the next morning. The next obstacle to overcome was the Onsen, a public bath. This is honestly the most Eva Luo unique experience of my life. This was definitely a test of mental will power. I had to overcome the fear of being se~n naked by strangers, by my friends, and concentrate on cleaning, all at the same time. After one or two hours of debating, Jassica, Linde, and I decided to just go and experience the Onsen. Our rationale was that we would most likely never get to do this again. According to Mr. Miller, the Onsen has a large hot spring that is very famous and comfortable. As it took us two hours to decide to go, it took us another hour to actually enter the public bathing area. ARer the hassle of towel arrangements and who was going to enter first without an echo of screams, we were finally sitting in front of the showers scrubbing away. We were so completely paranoid of being seen that a count system was developed as to who would jump into the hot springs first. Looking back on the experience, it was very enjoyable and [ would not hesitate to do it again. The hot bath was so relaxing and I felt so clean and even purified at the end of the ordeal. I can only wonder how everyone else felt about the Onsen. Kyoto was an adventure in itself. We arrived in Kyoto and soon transformed from a Miyazu citizen to a tourist. We saw foreigners everywhere. K. yoto was also a big change to the small town setting we had become accustomed to in Miyazu. There were tall buildings and a thick layer of cigarette smoke in every comer. As soon as we dropped offour luggage, we went straight to the subway station, which we became very familiar with by the end of the two days. The subway station was so clean and orderly. The only drawback was finding which train to get on to and which subway to connect to. Without Mr. Miller as our guide, getting lost would be all too easy. We were able to visit all the hot tourist spots such as the Nijo Castle, Kiyomizu Temple, and many Japanese gardens. The archltectura and work that is put in to constructing and maintaining these buildings is unbelievable. While walking in Nijo Castle, I noticed two men standing on triangular shaped ladders trimming the trees with tiny little scissors. Everything is done to perfection. What I enjoyed the most about Kyoto was walking the streets at night. There are two main sides to the city. On the first nighL we accidentally walked to Gion and wandered into Pontocbo. This was a very fortunate mistake because we were able to eat this wonderful okonomiyaki meal and then see e couple of Geisha scurrying across the streets. Pontocho is a very dark area without many lights but is covered in traditional buildings that would normally be overlooked. On the second night we crossed the bridge and went to the other side of K. yoto city. This side was filled with many bright lights, arcades, shops, and very interesting people, i played a piece in band once, called Pachinko and it was a huge delight to see Pachinko arcades. The sounds we made in the piece were very accurate to what a real Pachlnko machine makes. The bright lights of Kyoto make the streets seem just the same as during daylight. But it is at night when the city comes alive. The streets are packed with people dressed in all sorts of old American styles (SO's, 80's, everything) walking the streets looking for a place to enjoy themselves. Shopping is very nice in Kyoto. There are endless streets filled with souvenirs. While walking these streets, I was able to employ some of the Japanese that I learned with Mr. Miller. Linde, Allison, and I were looking for the 100-yen store, but couldn't find it. We stopped at a T-shirt store and quickly constructed a sentence, "Hyaku en ya wa doko dasu ka?" We were all delighted to find out that the store clerk knew exactly what we were talking about. She walked out of the shop and pointed the store out to us down the street. Thank you Mr. Millerl Later, we ate dinner at a yakiniku restaurant and grilled our own food. We also walked along the underside of a large bridge where many high school and college students hang out to set of some fireworks. Kyoto is a unique city in that it retains much of the traditional architecture and flavor of Japan, but combines it with the new and booming technolo~ and western influences. ARar two days in Kyoto, it was time to say good-bye to Japan. The entire trip seemed to have gone by in a hyper speed pace. I really wish we could have stayed longer to savor and fully absorb every moment. There were so many things I wanted to ask about and experience that there just wasn't enough time for. It is easy to say coming back from a foreign country that "I've done this," "I've been here," "1 bought this," or "I ate this," but truly experiencing a foreign culture and a foreign country is to be totally immersed both physically and mentally. In just 10 days 1 really Eva Luo Sot the feel for the Japanese culture and lifestyle, But in order for one to do so, (please excuse the zen-like tone) one must be one with the people. One must be Japanese. For a while, I didn't feel like a tourist or foreigner. It was through this mindset where I shed all the cultural stereotypes I carried with me. Whether you are a teen living in the United State, Japan, Europe, Afl.ica, Latin America, wherever, we are all pretty much the same. A family is a social unit of support and love everywhere. A school is an educational institution where many students like us tend to zone out in. And a culture is a set of ideas that are embraced by individuals and should be shared with the world. Through a first hand experience like youth cultural exchanges, a trans- global understanding between peoples is created. The more people become aware and understand cultures, the closer the world will become to creating an international culture of peace, equality, and opportunity for everyone. This is the most important lesson I learned on this trip. I came back from Japan as a new person. I will always keep in mind the all encompassing polite etiquette of the Japanese, the widespread respect for everyone and everything, and of course, the utmost kindness and generosity that was shown to me. Visiting the beautiful city of Miyazu, and lively city of Kyoto was just a serendipitous perk! 6/6/03 Jessica Pisano It took 26 hours to get to where I am now, which is a nice little town of about 23,000 (?) people, called Miyazu. It is in Japan. Never, did I ever think that I would have an opportunity this great awarded to me in my life. Even now that I am here, there's a part of me that still doesn't believe it. On the jet ride over here, I pondered something... Sixty years earlier my grandfather was in Japan (Okinawa), but under very different pretenses. Today I arrived in Japan as a student ambassador, here to strengthen bonds between people on a personal level, which will hopefully contribute to preventing another member of my family coming to this wonderful country for the same reasons my grandfather did. On a more positive note, my host family is incredibly welcoming and warm. My host sister is Yukino Miyake. When she and her mother picked me up today from City Hall, we were able to walk back to their house--it was no more then 5 minutes. It's funny, something as simple as walking...I found completely enthralling. I don't live in a small town. In most cities in the United States you really can't walk anywhere; you have to drive for some reason or another, be it distance, crime, or the sheer abundance of roads. I like this small town feel, it feels cozy and warm. It feels like a home. 6/7/03 Today Yukino and I walked to the Mipple, which I suppose is Miyazu,s equivalent of a shopping mall. It was really cool, we went up to the observatory deck and there was a nice breeze coming off of the bay and I was able to see the Amanohashidate for the very first time. It's so unique looking, I can't wait until we bike or across it. Later in the day I went to the top of the mountain and was able to look at it upside-down like all of the tourists do--it was a very foggy day which really only made it look more like a bridge to the heavens. At Mipple I was able to get tons of gifts for my family and friends, candy and games and music that we just can't find in the US or is very expensive there. Linda an I were able to go to the temple by the Wisdom Ring. There, Linda's host father bought us a fortune to tie to a tree. Linda got a "lot of good luck" and I only got a "little good luck", but then when we went to tie the paper to the tree, my paper ripped in half-- we joked about it, "Does this mean it's bad luck now?" I was able to try something like a rice cake for lunch; it has the consistency of a marshmallow on the bottom and bean paste on the top. My sister, who is a very picky eater, would probably have never had tried it, but I did and I'm glad- it was very good! I think the smart thing to do with unfamiliar foods is to try it and ask what it is later, that way you won't be afraid to try it. Speaking of my sister, I've found that I am not quite homesick yet, and I think this is because Yukino's family is so like my own. The family has a very good sense of humor and I really admire that, I was brought up being told that laughter is the best medicine. Today Yukino and I found that we have a common interest: we both like Harry Potter. From there, I tried to do a series of impressions of English Jessica Pisano accents, and then Yukino tried to explain to me how Japanese accents are. It was fun and we were laughing by the end of it. ~8~3 Today I was able to experience a real, live, Japanese tea ceremony! IfI had to be quite honest, I didn't like the tea very much- it was very bitter (I've never seen green tea that was so green before), but the cake they served with it was really good. I think that I'm going to miss a lot of the Japanese foods that I am trying now when I go back to the US. I've found that communicating so far has been relatively easy- though we all mostly talk in English. I really do wish I knew more Japanese, so far my family must think that I only know the word "sukoshi" because I've been using it so often. It's funny though, when Yukino is communicating to me, and when I occasionally try to talk to her in Japanese, we find that we get hung up on the little words. It's the little things that count. Overall though, what we can't communicate is usually made up in non-verbal signals, all that there is very much to make up since Yukino's is English is really good! We were able to bike-ride across the Amanohashidate today, and it was beautiful. It's so peaceful too, with the bay on both sides, surrounded by water and friends. I had the best meal today with Yukino's family afterwards; it consisted of nore, sushi, tempura, miso soup, and egg tofu. I don't know if that is considered anything special to Japanese families or if it is just a normal meal, but for me it was a real treat. It tasted so much better than the food I find in Japanese restaurants in the U.S. too. After dinner we watched a Japan vs. Argentina soccer game and I had to launch into an explanation for why in the U.S. we call the game soccer and not football- which is something that I and most Americans don't really understand either. While Yukino was practicing piano, Oka- san taught me how to make an origami crane, and told me that when someone is sick it custom to make 1,000 cranes for them. I told her how I remembered when the last Miyazu exchange group came to the U.S. they went to ground zero in New York and dedicated hung 1,000 paper cranes next to the ruins of the World Trade Center, something which I found to be a beautiful gesture. 6/9/03 Today we went to the Kyoto Marine High School, which I think is by far the coolest high school that I have ever been to. I love science, and though I'm not very good at it, applying science to our everyday lives is something that I always find amazing. They have a dive-tank at the school! I wish we had things like that back home, I wouldn't mind being graded for scuba-diving at all. Later in the day we went back to Miyazu High and I was able to sit in on a few classes with Yukino. Allison and I love their school uniforms, they're so cute. If we had uniforms like that in the U.S., I think that I'd actually like wearing them. Yukino's mom made us little obento boxed lunches that were really delicious. After school we went to the Flower Arranging club which was really fun. We were supposed to have themes for our arrangements but only Mr. Miller could come up with one for his, which was "Lazy Crane". Jessica Pisano At~er school, Yukino had piano lessons and I went to go stay with Linda and her host Miyu. Miyu's mother made us green tea smoothies (which are a lot better than the ceremonial green tea) and we watched embarrassing home videos of Miyu and her sister when they were younger. 6/10/03 I went to school again today, and it was rather interesting. Yukino had a quiz in her writing class today, and I sat in on two math classes. I can't make it through one math class, I couldn't fathom two. We ate in the cafeteria today also, and had really good soba noodles. The cafeteria food here is prepared on the spot and is many times better than the food at our school. After school we went to the International Communications Club room and they taught us a few traditional Japanese games- one with a ball and cup, which I really wasn't doing very well with. They were all so helpful there though. After we went to band and got to play, the band here is great, and the teacher is the sweetest woman I've met. The instructor and the band were so energetic and we played La Bamba, a favorite latin jazz piece of mine. Then we were spirited away to Indigo Dyeing, where we ate curry rice (my favorite Japanese dish) at George Morikami's family home. We got to hike up to see a beautiful waterfall with our friends and took lots of pictures. Then we were shown how to fold the fabric to make different patterns with the dye. The dyeing process itself was rather messy, but the product was well worth it- and it was fun! I now have a few tricks I can use should I ever do tie-dyeing at home again. When I got back to Yukino's house, I made her mother and father pasta with tomato sauce that I had brought from the U.S. In my family, we always eat pasta on Sundays so my mother thought that this would be a nice meal to make my host family. I'm not the greatest cook, but it turned out well and they seemed to like it. Later in the evening, we were sitting around the table and started signing songs in English...just out of nowhere. At first, Yuki's dad was humming a Beatles song and when I recognized it, I just joined in with the lyrics. It was an impromptu recording session, and it was really touching. 6/11/03 Today is our last full day in Miyazu, and I can earnestly say that I will miss. It's such a beautiful town, and I hope I can visit it again one day. I went to school again and said goodbye to all of Yukino's friends. During Geography, the teacher had us come up and talk to the class, and the homeroom teacher took pictures and presented us with gifts. Then we went to the ICC room and said our goodbyes, and Yui, the resident artist presented us with lovely hand drawn cards. We signed t-shirts and exchanged addresses and emails. Then I went home and packed, and offwe were to the Farewell party. It was a nice little ceremony, which opened with Yukino playing a piano song which she's been rehearsing all week. We gave speeches in English and Japanese to our families and then went outside for fireworks. The evening ended with Noah playing his guitar and tearful Jessica Pisano goodbyes. Then we found out that we'd be able to see our families the next day, at the train station, so that was a relief. Oh yes...and Eva, Linda and I went to an Onsen, a public bath. It took a lot of talking, and courage and well, we just aren't familiar with the concept ora public bath- and neither are we comfortable with it But we did it anyway! We overcame our self- image problems and said to ourselves, "When will we ever have this chance again!" It was, ironically, a relaxing experience. 6/12/03 We left Miyazu today. It was too much to bear, really. Miyazu does and will always hold a special place in my heart; I have fallen in love with this town. The ride to Kyoto was interesting, I've only ridden a train once before in my life. I wasn't used to going under mountains either; the pressure had a funny effect on my ears. In Florida, we have no mountains, and the train system is rarely used. Kyoto is...hot. I can say that most definitely. As soon as we checked into our hotel we were out again, this time doing the tourist thing. We checked out Nijo Castle, which was very neat. The Nightingale Hall is the coolest thing ever, and it's amazing that they could have come up with a defense system like that so long ago. We went to a park and fed the koi, and headed back to the hotel and watched Japanese toddler shows to see if we could pick up on the language. We all just ended up feeling really dumb that we couldn't understand kiddie shows, I wish we took Japanese language in school. I think I might minor in it once I get to college, so that is something to look forward to. We went out for dinner and ended up getting caught in the rain- so we stopped into a little shop for Okinomiyaki (spelling?), which were like omelets crossed with pancakes, crossed with tortilla and were just really delicious. Kyoto is an interesting city; it's old and has a nostalgic feel to it. It's also very loud and busy, and I like that, but a part of me still misses Miyazu. 6/13/03 Today was another day of sight-seeing and shopping. It rained again, so we hung out in an arcade and shopped in the beginning of the day. It was neat seeing all of the different stores, the ones we have in the US and the ones that we don't. We checked out a McDonalds and it is very different from the ones in the US- the entire Menu is different and the restaurant shop itself is much cleaner. We rode the Subway again and I'm rather starting to like it, it's convenient and fast. We hiked up a mountain to see a Pagoda; the view was breath-taking. It's nice seeing the mountains folding around the city, like a blanket or a bowl, rising up behind tall buildings. It's a very comforting view. However, Kyoto is still somewhat strange and unfamiliar. In Miyazu, I felt like...like I belonged there, like it was home. Here, in the city, I just feel like any other foreigner; a confused tourist. I'd like to see more of this country, but our time is running Jessica Pisano out here. I wish I could've spent more time with the land and the people, and maybe I will someday. I want to bring my family here and show them all of the wonderful things that I've seen and the friends I've made, and someday I will do that. I also want to bring my friends home and show them my family and my life and my home. I want to be as kind and as welcome a host as they were to me. It's a truly enlightening experience to be let into the hearts of strangers. It makes you realize that while we might all seem to be strangers to each other, we really have more in common than we think we do. Nancy King JAPANESE SISTER CITY WELCOMES LOCAL STUDENTS Publications Editor Nancy King chaperoned five Atlantic High School students on a visit to our Sister City in Miya:u, Japan. Here's Nancy's account of the trip. It was 4:30 a.m. when five blurry-eyed Atlantic High School students, two chaperones and our local expert on Japanese protocol gathered at the Crest Theatre to begin a 30 hour journey to Miyazu, Japan. As luck would have it. ! was one of the chaperones, and this would be my second trip to the charming "village by the sea" that has been our Sister City for 26 years. The other chaperone was Chris Miller. an Atlantic High School teacher who hag been preparing the five students, Linda Du, Noah Garbarino, Allison Lalane. Eva Marie Luo and Jessica Pisano. for the trip since last October. Coordinating the travel arrangemems and serving as our valuable liaison with Miyazu officials was James Mibori who is also a Delray Beach Sister Cities board member. After a smooth flight ind flawlessly filing through customs, immigration and airport security, we were greeted by the warmest of welcomes from Miyazu city officials, host fam- ilies and friends we had met on previous visits. The students were paired with the families they would be spending the next five days with and then we were oft' to begin an adventure of a life- realized that I had left my socks in a bag on the bus. Throughout the ceremony. I did my best to conceal my bare feet and bunions but a valuable lesson was learned from the experience. The tea is served in beautiful cups. We were instracted to turn the cup several times to admire the designs before drinking the tea. Green tea is bitter but it is served with a "sweet" making considerably more palatable. This potent com- bination provided us with the kind of energy boost you normally get from a high powered cappuccino. It gave me just the "jolt" [ needed to take on a fabulously fun day that included ro~,ing a boat (yes....a boat with oars) to the middle of Miyazu Bay. bicycling across Amanohashidate, (the sandbar that is one of the natural wonders of Japan) touring a marine museum, and cooking fresh fish and snails on the barbecue. A highpoint of the tour was visiting a pretty little park where the table and benches, a gift from Delray Beach Sister Cities to Miyazu. is located. The set was designed by local artist. Karen Sandy and was shipped to Miyazu in 1998. One bench is adorned with a colorful mosaic of Amanohashidate. ;`.bile the other depicts the Colony Hotel in Delray Beach. The tiles on the top of the table portray Japanese and American food. Visitors can sit at the table and take in magnificent scenery while enjoying lunch. Bright and early Monday morning we an'ived at Miyazu High School where the students attended classes ,Mth their host brothers and sisters. We also visited the Marine High School. arriving in time to see the ceremonial launching of a boat that was embarking with twenty students on a two ,seek exploratory trip through the waters surrounding Japan. While attending school, we participated in the English classes, learned Japanese flower arranging, and our students were given the opportunity to play "La Bamba" with the high Japanese art of indigo dyeing Sadl.',. the time fie;', by too quickly and all too The final t;`.o da.ss of our journey ','.'ere spent Chris Miller Evaluation of Deira, B each Youth Ambassador's Trip to Miyazu -2003 First, the GOOD: · Taking part in Ms. Sugata's classes. Ms. Kurita's care. · Ms. Nakano's hospitality at Jimpuso Inn. · Ms. Kosuda's dyeing activity. · Mr. Yokotani's help with logistics and the Grand Tour. · The I.C.C.'s hospitality at the school. · The boat ride, flower arranging, joining the band, etc. · ' The weather - going earlier helped us just beat the rainy season. · Kyoto -just the right amount of time. · The Sayonara Party - the best so far. Now, the NOT so good: · Length - too short and hectic. (9 days, arrive Friday, leave Sunday or Monday is ideal.) · Too much feasting - Some meals out might give stomach a rest. Ideas for IMPROVEMENT: · Advertising - Put it in the newspaper as a story or advert. · Recruiting - Already doing it through foreign language teachers and International Club. · Selection - After students have completed applications, invite them to a mandatory mixer. Selection committee members can mingle with the applicants and talk to them in a more relaxed setting. This may put the applicants more at ease for their individual interviews. It would be interesting to invite a few Japanese to the mixer to see how the applicants interact with them. · Planning - Request a longer period. This was too short really. The Miyazu committee need not worry about us getting bored, if that is a concern. They also need not fill up every day with activities. The present amount would have been fine for a nine day visit. Request earlier matching with our students, so they can begin writing each other and getting to know each other before they go. It might help the host families to plan activities. Overall, I thought it went very smoothly. In typical Japanese style, all our needs and more were anticipated and taken care of. The students were xvell-behaved and polite, of course, and represented us very well. The highlight had to be the Sayonara party in which Rie played the loveliest piano I have ever heard, and Noah played a fantastic guitar piece. Good stuff from our most musical bunch ever. I want to thank David Schmidt, Jimmy Mihori, and Charlotte Durante for giving me the opportunity to be a part of this great exchange program. It has been a wonderful experience for me in many ways. Dear Miyazu Friends, We arc writing to express our grateful appreciation to all of you for showing us such kindness during our recent visit to Miyazu. Our visit to your beautiful city is a happy memory for all of us and we are so appre- ciative of the countless things that you did to make us feel so welcome. Everyone put so much effort into planning many fun activities for us. Certainly, one of the highpoints of our trip was the chair lift ride up the mountain to view Amanohashidnte. The other activities were equally delightful - rowing the boat to the middle of Miyazu Bay, participating in the traditional tea ceremony, performing with the high school band, learning the art of flower arranging and indigo dyeing, visiting the Ma- rine High School, and getting acquainted with the students at Miyazu High School. We sincerely thank Mayor Tokuda, the City Hall staff, our host families, the faculty and students at Miyazu High School, and the women at the community eentor for all you did to make our visit so pleasant. And a very special "ltmnk you" to Mrs. Karita who took such good care of us on our journey to Kynto. We all have fond memories of Mrs. Kurita and her boundless energy. She is truly one of Japan's greatest treasures. Thank you again for making us feel so special while visiting in Miyazu. Your warm hospitality and the cherished moments that we shared with so many kind and gracious friends will remain in our hearts for the rest of our lives. Best wishes from, Nancy King Chris Miller Linda Du Noah Gurbarino Allison Lalane Eva Luo JessieaPisano [ITY DF I]ELAAY BEACH DELRAY BEACH Ali-America Cily 19U3 2001 100 N W 1st AVENUE DELRAY BEACH FLORIDA 33444 561/243-7000 THE EFFORT ALWAYS MATTERS ~ Printed on Recycled Paper TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # (~ - REGULAR MEETING OF AUGUST 19. 2003 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION AUGUST 15, 2003 This is before the City Commission to ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting on July 31, 2003. By a vote of 7 to 0, the SCRWTD Board approved the following: Authorization to expend $4,000 from repair and replacement funds on an emergency basis to replace water booster pump and progressive cavity pump for polymer system. Authorization to expend $1,200 from repair and replacement funds to replace cutter blade and screen for sludge grinder. Authorization to expend $4,500 from repair and replacement funds for replacement of screw dewatering conveyer. Authorization to expend $5,000 from repair and replacement funds to replace seals on four (4) screening building scrubber pumps. Authorization to expend $2,700 from repair and replacement funds on an emergency basis to replace teeth on bar · Authorization to expend $3,300 from repair and replacement funds to replace 150hp fan motor for aeration scrubber. Authorization to expend $3,500 from repair and replacement funds on an emergency basis to replace screw and weir bats on grit cover. Authorization to expend $3,000 from repair and replacement funds on an emergency basis to replace level · Authorization to expend $2,000 from repair and replacement funds to paint interior walls of bar screen room. · Authorization to expend $9,500 from repair and replacement funds on an emergency basis to replace clarifier 1 and 2 bridge supports and align and reweld spacer bars on bar screens. · Authotizarion to establish wastewater user rate to dries for fiscal year 2003/2004 as follows: Operations & Maintenance $0.635/1,000 Gal Reserves $0.180/1.000 Gal Total $0.815/1,000 Gal · Authorization for acceptance of 2003/2004 wastewater and reclaim Operations and Maintenance budgets and wastewater repair and replacement expenditures (sinking fund). Recommend ratification of the actions approved by the SCRWTD Board on July 31, 2003. &\City Clerk\ehevellc folde~\agenda memos\SCRWTD Bo~d Action of & 19.03.doc BOARD City Council Members of Boynton B~ch & 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.com MEMORANDUM TO: FROM: DATE: RE: Ms. Chevelle Nubin City Of Delray Beach Mary Ann Shumilla August 7, 2003 / RATIFICATIONS FOR SIGNATURE Attached ere the Ratifications from the Quarterly Annual Meeting of July 31, 2003 which require eignatures. 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. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Westewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $4,000. FROM REPAIR & REPLACEMENT FUNDS ON AN EMERGENCY BASIS TO REPLACE WATER BOOSTER PUMP AND PROGRESSIVE CAVITY PUMP FOR POLYMER SYSTEM. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton end the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this __ day of · , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $1,200. FROM REPAIR & REPLACEMENT FUNDS TO REPLACE CUTTER BLADE AND SCREEN FOR SLUDGE GRINDER. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the C~ty 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 Boynton Beach this __ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTNOR/ZATION TO EXPEND ~4,500 FROM REPAIR & REPLACEMENT FUND FOR REPLACEMENT OF SCREW DEWA TER/NG CONVEYER. 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 Boynton Beach this day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attomey RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by e vote of 7-0, approve AUTHORIZATION TO EXPEND ;~5,000 FROM REPAIR & REPLACEMENT FUND TO REPLACE SEALS ON (4) SCREENING BUILDING SCRUBBER 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 Boynton Beach this day of , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $2,700 ON AN EMERGENCY BASIS FROM REPAIR & REPLACEMENT FUND TO REPLACE TEETH ON BAR SCREENS. 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 Boynton Beach this day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attomey RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wsstewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND ;3,300. FROM REPAIR & REPLACEMENT FUND TO REPI..ACE 150NP FAN MOTOR FOR AERATION SCRUBBER. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton end the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this __ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND ~3,500. FROM REPAIR & REPLACEMENT FUNDS ON AN EMERGENCY BASIS TO REPLACE SCREW AND WEIR BARS ON GRIT COVER. 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 Boynton Beach this __ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31~ 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND ~3,000. FROM REPAIR & REPLACEMENT FUNDS ON EMERGENCY BASIS TO REPLACE LEVEL CONTROLLER ON BAR SCREENS. 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 Boynton Beach this __ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attornay RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0. approve AUTHORIZATION TO EXPEND ;~2,000 FROM REPAIR AND REPLACEMENT FUND TO PAINT INTERIOR WALLS OF BAR SCREEN ROOM. WHEREAS, aaid Board action requires ratification by the City of Boynton Beech 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 ie hereby ratified in open session by the City of Boynton Beech this __ day of · , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $9,500 FROM REPAIR AND REPLACEMENT FUND ON AN EMERGENCY BASIS TO REPLACE CLAR/FIER I AND 2 BRIDGE SUPPORTS AND ALIGN AND REWELD SPACER BARS ON BAR SCREENS. WHEREAS, said Boerd action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this __ day of , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO ESTABLISH WASTEWATER USER RATE TO CITIES FOR FISCAL YEAR 2003/2004 AS FOLLOWS: 2002/2003 OPERATIONS & MAZNTENANCE R~$ERVE$ $0.635/1,000 GAL $o.18o/1,ooo eAL TOTAL $0.815/1,000 GAL WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton end the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this __ day of , by a vote. CITY OF DELRAY BEACH Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment end Disposal Board did on July 31, 2003, by e vote of 7-0, approve AUTHORIZATION FOR ACCEPTANCE OF 2003/2004 WASTEWA TER AND RECLAIM 0 & M BUDGETS AND WASTEWA TER REPAIR AND REPLACEMENT EXPENDITURES (Sinking Fund). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delrey Beach. NOW, THEREFORE, the City of Boynton end the City of Delrey Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this __ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney ?/~03 0:00 WASTEWATER OPERATIONS m MAINTENANCE BUDGET'~ ! 999-2004 DESCRIPTION t999-2000 2009-2001 2001-2002 2002-2003 2~02-2003 2003-2004 ACTUAL ACTUAl, ACTUAL BUDGET PROJECTED BUDGET SUMMARY TOTALS PERSONNEL SERVICES $1,079,829 $1,143,902 · $t,160,015 $1,261,000 $1,213,900 $1,296,000 OPERATING EXPENSES: t,730,299 1,$96,650 1,887,011 2,029,000 2,242,200 2,371,000 SERVICES 681,602 921,327 774,534 722,000 633,500 643,00{) OPERATIONS/MAINTENANCE 707,232 760,768 819,036 9t4,000 1,022,300 1,187,000 CHEMICALS/SUPPLIES 341,465 314,555 292,841 393,000 ~86,400 541,000 TOTAL PERSONNEL AND OPERATING EXPENSES 2,$10,124 2,840,632 3,047,027 3,290,000 3,456,100 3,667,000 OPERATING CONTINGENCY 0 0 50,000 $0,000 0 90,000 ENGINEERING 44,128 22,310 50,416 99,000 36,000 99,000 TOTAL BUDGET $21854~.52 $2;862;942 $3;147;443 $31399~000 $3~492~100 $3,776r000 PAGE 02 PERSONNEL ACCOUNT DESCRIPTION 1212 REGULAR WAGES 12121 SICK LEAVE REDUCTIONS 1214 OVERTIME 12151 EMPLOYEE ASSIST. PROG. 12152 PLANT PERFORMANCE 1221 SOCIAL SECURITY 1223 HEALTH INSURANCE 12231 DENTAL INSURANCE 12232 DISABILITY INSURANCE 12233 LIFE INSURANCE 1224 WORKERS' COMPENSATION 1225 UNEMPLOYMENT 1236 PENSION 1240 PAYROLL CONTINGENCY TOTAL PERSONNEL SERVICES SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD t999-2000 2000-2001 2001-2002 AC~AL ACTUA,~ ACTUAL $771,326 $791,950 $791,354 3,122 3,083 11,534 37,961 53,160 40,634 594 590 540 9,725 10.000 10,300 64,558 68,009 67,208 57,866 65,690 77,056 5,992 6,336 5,956 5,630 5,584 5,536 1,056 1,040 1,158 26,048 36,171 39,907 2,289 142 0 93,078 101,495 107,900 580 732 933 $1,079r825 1~143~982 1~160,016 2002-2003 BUDGET $855,000 6,000 50,000 1,000 10,000 77,000 89,000 7,000 7,000 2,000 40,000 1,000 115,000 1,000 $1,261,000 2002-2003 PROJECTED $838.000 14,000 42,500 700 0 73,000 83,000 6,000 6,000 1,000 40,000 108,000 7OO $1r213,900 2003-2004 BUDGET $869,000 50,000 1,000 10,000 80,000 86,000 7,000 7,000 2,000 47,000 124,000 $1,2~6r000 PAGE 03, SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD SERVICES ACCOUNT 3106 3110 3112 3120 3200 3300 3400 3402 -3404 3406 3410 3411 3412 3500 1999-2000 2000-2001 2001-2002 2002-2003 2002-2003 2003-200~ DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET MEDICAL SERVICES $399 $240 $936 $2,000 $500 $2,000 LEGAL (GENERAL & ADMIN) 10,126 t8,651 29,164 25,000 28,000 29,000 LEGAL (TOXICITY) 0 0 0 2,000 0 2,000 SERVICES (G & A) 5,173 4,602 7,319 7,000 4,000 7,000 AUDITING 21,081 20,414 19,861 24,000 23,000 22,000 LAB PERMIT TESTING 0 0 40,656 46,000 46,000 46,000 PRETREATMENT 28,923 7,444 0 0 0 0 TOXICITY TESTING 18,284 8,899 262 0 0 0 CHEMICAL ANALYSIS 3,818 -10,578 0 0 8 0 METER CALIBRATION 7,016 8,011 6,480 8,000 7,000 8,000 SLUDGE HAULING 480,892 425,991 571,264 500,000 420,000 400,000 GRIT HAULING 58,449 74,389 57,569 51,000 70,000 79,000 TRASH HAULING 0 452 0 2,000 1,060 2,000 SERVICES (O & M) 47,441 41,656 41,023 55,000 34,000 46,000 TOTAL SERVICES $681,602 $621~327 $774~534 $722,000 $633~500 $643,000 PAGE 04 . SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD PRA ANE ACCOUNT NO. DESCRIPTION ¶999-2000 2000-2001 2001-2002 2002-2003 2002-2003 2003-2004 ACTUA~ ACTUAL ACTUAL BUDGET PROJECTED BUDGET 4000 VEHICLE EXPENSE $6.055 4020 BOARD CONTINGENCY 2.817 4100 TELEPHONE t2.664 4102 POSTAGE 3.049 4300 ELECTRICITY 422.036 4302 WATER 11.134 4303 IRR. REUSE WATER 6.143 4400 EQUIPMENT RENTAL 98 4500 INSURANCE 73,108 4600 M & R EQUIPMENT 34.543 4620 M & R VEHICLES 6.439 4630 M & R GROUNDS 6.502 4640 M & R BUILDINGS 5.836 4650 M & R UNSPECIFIED 17.277 4900 ADVERTISING 1.762 4902 LICENSE & PERMITS 15.139 5400 MEMBERSHIP DUES & SUBSCRI! 6.902 5410 TECHNICAL TRAINING 1.716 5420 EDUCATIONAL EXPENSES 3.000 6400 CAPITAL ASSETS 71.012 $3.017 $7.095 $8.000 $8.000 $10.000 3.414 2.556 5.000 3.400 5.000 t 1,643 14.706 24.000 20.000 24.000 3.154 3,902 5.000 5.000 6.000 519.747 481.~65 525,000 590.000 689.000 11,568 13.000 13.000 11.000 13.000 7,742 7.279 8.000 8.000 8,000 959 1.463 2,000 1.500 2,000 102.719 184.503 185.000 255,000 295.000 27,901 33.381 40.000 31,000 40.000 6.741 6.452 11.000 8,000 12.000 4.073 4.336 5.000 3,400 5.000 5.672 5.643 6.000 6.000 6.000 6.830 6.331 20.000 20.000 20.000 1.268 1.987 2.000 2.500 2.000 16.523 12,465 16.000 14.500 16,000 6,489 10.522 10,000 10.000 11.000 2.320 7.135 8,O00 7.000 12.000 563 1.963 3.000 3.000 3.000 18.425 12.652 18,000 15.000 8.000 TOTAL OPERATIONS/MAINT. $707~232 $7601768 $819.636 $914~000 $1~022r300 $1.187.000 ,PAGE 05 ' SOUTH CENTRAL REGIONAL WASTEWATER TREAIMENT AND DISPOSAL BOARD HEM P ACCOUNT 1999-2000 NO. DESCRIPTt~)N ACTUAL~ 5100 OFFICE SUPPLIES $4,393 5201 SAFETY SUPPLIES 3,765 5202 GENERAL OPERATING 19,561 5203 JANITORIAL SUPPLIES 1,374 5204 LABORATORY SUPPLIES 28,761 5210 CHEMICALS 258,963 5220 OIL, FUEL, LUBRICANTS 13,498 5230 CONSTRUCTION MATERIALS 1,074 5240 UNIFORMS 5,941 5250 SMALL TOOLS < $500 3,055 5251 OFFICE EQUIPMENT < $500 330 5252 LAB EQUIPMENT < $500 750 TOTAL CHEMICALS/SUPPLIES $341~465 OPERATING EXPENSES fSUMM/II~Y) SERVICES $681.602 OPERATIONS/MAINTENANCE 707,232 CHEMICALS & SUPPLIES 341,465 2000-2001 2001-2002 2002-2003 2002-2003 2003-2004 ACTUAL A(~,TI,IAL BUDGET PROJECTED BUDGET $5.116 $4,483 $6,000 $5,000 $6,000 2,255 3,228 4,000 4,000 4,000 15.936 18,137 20,000 20,000 20,000 2,272 1,644 2,000 2,000 2.000 24,286 5,904 4,000 4,000 6,000 245,630 242,431 324,000 520,000 470,000 9,640 3,618 15,000 16,000 15,000 1.288 2,581 3,000 2,700 3,000 5,401 7,052 8,000 8,000 8,000 2,431 3,763 4,000 3,000 4,000 300 0 2,000 1,200 2,000 0 0 1,000 500 1,000 $314r555 $2921841 $3931000 $5861400 $541,000 $62t,327 $774,534 $722,000 $633,500 $643,000 760,768 819.636 914,000 1,022,300 1,187,000 314,555 292,841 393,000 586,400 541,000 TOTAL OPERATING EXPENSES $1 ~730~299 $1 ~696,650 $1,887,011 $2r029~000 $2,242,200 $2,371,000 PAGE 06 SOUTH CENTRAL REGIONAL WASTE-WATER TREATMENT AND DISPOSAL BOARD PERAT N E Y ACCOUNT 4990 t999-2000 2009-2001 2001-2002 2002-2003 DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET OPERATING CONTINGENCY $0 $0 $0 $50,000 TOTAL OPERATING $0 $5 $0 $50,000 CONTINGENCY 2002-2003 $0 $0 2003-2004 BUDGET $50,000 $50,000 PAGE 07 ACCOUNT NO. DEBCRiPTION 3150 GENERAL 3160 BIOTOXICITY 3162 PRETREATMENT 3163 THERMAL SCREENING TOTAL ENGINEERING SOUTH CE N'II~M.. REGIONAJ- WASTEWATER TREATMENT AND DISPOSAL BOARD 1999-2000 2000-2001 2001-2002 2002-2003 2002-2003 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED $39,301 $20,236 $48,342 $51,000 $36.000 0 o o 0 0 3,427 2,074 2,074 5,000 0 1,400 o o 3,000 0 $44,128 $22~310 $50,416 $59,000 $36~000 2003-2004 BUDGET $51,~00 0 5.000 3,000 $59,000 $3r7761000 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACCT. NO, 1212 12121 1214 ACCOUNT TITLE REGULAR WAGES SICK PAY REDUCTION OVERTIME DESCRIPTION Base wages - 21 Regular Employees; 1 part-time 4 Administrative 2 Lab & preb'eatment 11 Operators 5 Maintenance Inctudes 4% average merit pay increase 4% salary adjustment for (3) employees $95,000 for Reuse (31.00/hr) Employees have the annual option to cash out (at 50% payment) all sick days in excess of fifteen (15) accrued in sick day bank. Shift coverage as required for plant operations. Employees working over 40 hours per week (exoluding sick hours) are paid at time and a ~lf. 12141 Hurricane Watch 12142 Maintenance 12143 Shift 1 Coverage 12144 Shift 2 Coverage 12145 Shift 3 Coverage 12146 Training 12148 Holiday Coverage 12149 Lab/Pratyeatment 12150 Special Projects Wastewater 3,000 5,000 6,000 6,000 6,000 2,000 16,000 4,000 2,000 2003-2004 l~¥P~l~r $964,000 ~95.000} $869,000 11,000 12151 12152 1221 1223 12231 EMPLOYEE ASSISTANCE PROGRAM PLANT PERFORMANCE SOCIAL SECURITY/ MEDICARE BLUE CROSS/~LUE SHIELD HEALTH INSURANCE DENTAL INSURANCE Board cost: $2.25 per employee per month. Provides family counseling and referral services to employees and their families. Award given to those employees whose performance has contributed to overall efficiency of Plant as recommended by Executive Director and approved by the Board. Employer's estimated cost: 7.65% currently = Social Security- 6.2%; Medicare - 1.45%. Board cost per employee is estimated ~} $340.00 monthly. (Dependent coverage not provided by Board). Board cost per employee: $28.00 monthly (Dependent coverage cot provided by Baard). 10,000 80,000 86,000 7,000 AS OF 7/08/2003 ACC'T. NO. 12232 DISABILITY INSURANCE 12233 LIFE INSURANCE 1224 WORKERS' COMPENSATION 1225 UNEMPLOYMENT 1236 PENSION 1240 PAYROLL CONTINGENCY DESCRIPTION Long term disability insurance provided by the Board at approximately 1% of 40 hour base pay per employee. Cost: $0.58/$100.00 compensation. Board provides $10,000 life insurance. $.48 per $1,000. Cost per employee based on a 40 hour base pay. Anticiapte a 15% increase. Paid on a reimbursable basis according to claims received. Defined Board contribution based on40 hours base pay for participants plus admin~'atJve fees. Employee annual appreciation dinner and luncheons (i.e.: retirements, recognitions, arid safety awards). 2003-2004 BUDGET 7,000 2,000 47,000 1,000 124,000 1,000 TOTAL PERSONNEL $1,296,000 OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES SERVICES A(~CT. NO. ACCOUNT TITLE DESCRIPTION 2003-2004 BUDGET 3100 MEDICAL SERVICES Employee physicals, drug screens & immunizations $2,000 3110 LEGAL (ADMIN & LABOR) 3112 LEGAL (TOXICITY) 3120 SERVICES: General & Adminisbative 3200 AUDIT FEES Attomey fees: 31101 Admin - Federepiel 31103 Pension- Richard Burke 31104 Lewis, Lo~gman & Walker Continuing Operational Permit Legislation 31121 Federspiel 31125 Lewis, Longman & Walker 31201 Accounting & Bookkeeping 31202 Computer Consultant 31206 Copier Maint. Contract 31208 Olhers 32001AnnualAudE $24,000 3,000 2,000 1,000 1,000 1,000 2,000 2,000 2,000 29,000 2,000 7,000 22,000 33OO LAB PERMIT TESTING Palm Beach County Water Utilities Laboratory per Intergovernmental Agreement 46,000 3406 METER CALIBRATION FLORIDA SERVICE Calibration of transmitters, totalizers, recorders, and flowmeter pump as required. 8,000 3410 SLUDGE HAULING Based on liquid hauling rata of $43.00/1,0OO gals. = $7OO,000 or $10.62 per cu, Yd. for cake = $400,0OO. 400,000 3411 GRIT HAULING 3412 TRASH AND HAULING 40 trips @ $800.00;40 @ $1,100; 12 @ SOO0,00 per t~ip. Tipping fee for trash hauling. 79,000 2,000 35OO SERVICES: Operations, Maintenance & Prafessional TOTAL SERVICES 35001 Centrifuge 35002 Air Scrubbers Balancing 35003 Generators 35004 Lawn Maintenance 35005 Admin. Building Cleaning 35008 Other 35009 Conbact Labor 15,000 2,000 5,000 15,000 6,000 2,000 1,0O0 46,OO0 $643,0O0 OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES OPERATIONS/MAINTENANCE ACCT. NO. ACCOUNTT~LE 4000 VEHICLE EXPENSE DESCRIPTION Lease vehicle; Mileage reimbursement $0.36/mile; Fuel for company vehictes 1 leased automobile, 40001 Leased Vehicle 40002 Mileage Reimbursement 40003 Fuel for Vehicles 4020 BOARD CONTINGENCY Public relations, good will tours, floral an'angements or fruit baskets, cards for illnesses or funerals, and miscellaneous business expenses: 40201 Board Expense: Appreciation 40202 Board Expense: Meals and Entertainment 40204 Beard Expense: Travel, Lodging 4100 TELEPHONE EXPENSE 4102 POSTAGE 4300 ELECTRICITY Monthly base fees end long-distance usage including Fax machine, 3 cellular phones and E-meil/Internet U.S. Mail - Rate .37 first claes $.057 per K~NH including surcharge for peak usage. 12,100,000KWH consumed $4,000 1,060 5,000 1,000 1,000 3,000 2003-2004 BUDGET $10,000 5,000 24,060 6,000 689,000 4302 4303 44O0 4600 4600 WATER CONSUMPTION IRR. REUSE WATER EQUIPMENT RENTAL INSURANCE EXPENSE M & R EQUIPMENT Budgeted for 600,000 gallons/month Irrigation water cost 4,000,000 gal/month @ $.20/1000 Cranes, various equipment, and instru- ments as required in maintenance and operations. 45001 Commercial Property 45002 Commercial Excell Property 45003 Boiler & Machinery 45004 Commercial Package 45005 Equipment Floater 45006 Petroleum & Tank Liability 45007 Pc~lution Liability Annual repair items for pumps and plant equipment: 46001 Influent Building 46002 Aerators 48003 Blower Building 46004 Scrubbers 46005 Clarifler 46006 Return Building 46007 Solids Building 46008 Chlorination 46009 EQ Building 46010 Effluent Building 46011 Shop Building 46012 Office Building 46013 Dechlorination 46014 Miscellaneous (GMS) 46015 Operators Office 46016 Lime Silo 46017 Solid Holding Building 13,000 8,000 2,600 125,000 100,000 7,000 45,000 5,000 1,000 12,000 295,000 4,000 2,000 3,000 4,000 1,000 2,000 5,000 1,000 1,000 1,000 1,000 1,000 1,600 10,000 1,000 1,000 1,060 $40,000 OPERATIONS/MAINTENANCE ~cont.} ACCT. NO. ACCT. TITLE 4620 M & R VEHICLES 4630 M & R GROUNDS 4640 M & R BUILDINGS 4650 M & R UNSPECIFIED 4900 ADVERTISING 4902 LICENSES AND PERMITS DESCRIPTION Aonuat repairs for vehicles: 46200 Company VehicJes 46201 Tractor 46202 Leased Auto 46203 Service Carts 46204 Boom Lift 46205 Other Landscaping, sprinkler systems, retention ponds, piping, fertilizer, etc. Painting, Repair or replacement of doors, screens, locks, windows, ceiling files, bulbs e~ect~fical, plumbing, and lignting. Funds for emergency or unldentirm, d equipment deficiencies that require upgrade or improvement in operation. Advertisement and legal ad allowance related to plant operation or bids and public notices. ~TATE Operating Permit Storage Tank Risk Management PALM BEACH COUNTY Air Pollution Licenses We~lfield Permit Storm Water Tags on Trucks Wastewater CITY & SPECIAL DISTRICT Solid Waste Assessment/Lake Worth Drainage Special District Fee Other 2003-2004 B~D(~ET 4,000 2,000 50O 4,000 1,000 500 12,000 5,000 6,000 20,000 2,000 16,000 7,500 50 1,000 8,550 100 75 500 200 2,150 3,025 2,400 175 950 3,525 11,000 5400 MEMBERSHIP DUES AND Dues - Professional organizations SUBSCRIPTIONS Professional Registration and licenses, journals and subscriptions. OPERATIONSIMAINTENANCI~ (cont.) ACCT. NO. ACCT. TITLE DESCRIPTION 2003-2004 BUDGET 5410 542O 640O TECHNICAL TRAINING EDUCATIONAL EXPENSES CAPITAL ASSETS TOTAL OPERATIONS/MAINT. Operators' Short Schools, Regional schools, Lab Technical. and Quality Assurance Short Schools; Personnel Seminars and technical conferences; computer classes 54101 Conferences 54102 Meals 54103 Travel & Lodging 54104 CEU courses Classes, books & fees. Purchase of needed Assets Required for Continuous Operation and not amorit[zed in Sinking Fund. Used Golf Cart Sampler for lab 3,500 1,500 6.000 1,000 3.500 4,500 12,000 3,000 8,000 $1,187,000 OPERATING EXPENSES: SERVICES: MAINTENANCE: CHEMICALS & SUPPL F$ H MI S ND PPI S ACCT. NO. .ACCOUNT TITLE DESCRIPTION 2003-2004 BUDGET 5100 OFFICE SUPPLIES 5201 SAFETY SUPPLIES Copier paper, stationery, business cards, check printing, general office suppliea, & necessities. Gloves, protective glasses, face shields, hearing protection, overboots, ear-plugs, muffs, emergency eye wash, cera'idge respirators, gas cer~idge, sterile storage bags for reap- imtors, disinfection systems for respirators, fit test ampoulea, respirator storsge cabinets, disposal reapirstors, chemical spill absorb- ents, oll sorbenL liquid chemical neutralizers, barricade tape, hazardous materials response kit, salvage drum, diffusion detector tubes, signs, lapels, tags, first aid supplies, fire extinguishers and accessories, hazardous area lights, emergency small tools, safety 6,000 4,000 5202 GENERAL OPERATING SUPPLIES 5203 52O4 JANITORIAL SUPPLIES LABORATORY SUPPLIES Operating supplies, mlngear, hard-hats, boots, drager tubes, gloves, hoses, firehoses, chart pens, charts, DO meters, sludge jugs, tiags, coffee supplies, water cooler supplies, battedns, hurricane supplies, and other miscellaneous supplies. MobS, brooms, paper goods, brushes, all necessary janitorial cleaning supplies. Laboratory upgrades and replacements. Reagents, glassware, replacement of equip- ment, apparatus. Lab supplies consumed by Process testing done in house. 20,000 2,000 6,000 5210 CHEMICALS 52101 Polymer: 68,400 lbs @ $1.24 + 256,500 lbs ~ $.75 lb 52102 Lime: Calculated 690 tons ~ $117.56 per ton. 52103 Chlorine: 180 tons ~ $319.00/ton. 52104 Bisulfita: 312,480 lbs. ~ $.088~b 52105 Misc. Chemicals 52106 Caustic 11,700 gal ~$1.42 per gal 52107 Sulfuric Acid 79,612 lbs. ~ $.08/Ib. $275,000 81,000 60,000 28,000 2,000 17,000 7,000 CHEMICALS AND SUPPLIES Icont.} ACCT. NO. ACCOUNT TITLE DESCRIPTION 2003-2004 BUDGET 5220 OIL, GREASE, DIESEL AND LUBRICANTS 5230 CONSTRUCTION MATERIAL 5240 UNIFORMS 5250 SMALL TOOLS AND EQUIPMENT PURCHASE 5251 OFFICE EQUIPMENT 5252 LAB EQUIPMENT 10,000 gallons DieseJ fuel for generator, gas, grease, oil, and lubricants for pumps and Walkways, signs, fencing, rails, platforms, small shelters, concrete, etc. Additional office and storage units. Board pa~cipates 50% in uniform rental, Board cost: $7.50/week. Provides five (5) new sets of uniforms to non-ranters each year basis cost of $200.00 per employee. Approved protective safety shoes: $85.00 employee per year. Handtools, drills, bits, files, small toolboxes, electrical equipment, and small maintenance tools < $750.00 value, Filing cabinets, chairs, calculators, adding machines, offica mats, shetves, printers, tables < $750.00 value. Small equipment <$750.00 15,000 3,000 8,000 4,000 2,000 1,000 TOTAL CNEMICALS AND $541,000 SUPPLIES ========= OPERATING CONTINGENCY .ACCT. NO. ACCOUNT TITLE DESCRIPTION 2003-2004 BUDGET 4990 OPERATING CONTINGENCY To be utilized as a supplement for any line items which are exceeded dudng the budget year, Status of this Fund to be reported to Board. $50,000 ENGINEERING ACCT. NO, 3150 ACCOUNT TITLE GENERAL DESCRIPTION 3150 Risk Management 31501 Permit Assistance 31502 Process Control $1,000 25,000 25,000 2003-2004 BUDGET $51,000 3162 PRE-TREATMENT 5,000 $5,000 3163 THERMAL SCREENING 3,000 3,000 TOTAL ENGINEERING T T GET: $59,000 $3,776,000 Rev. 07103/03 A~ENDA ~ 5 (2) SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ANNUAL RECLAIMED BUDGETS: ACTUAL. BUDGETED PROJECTED ACCOUNT NO. DESCRIPTION 1999-2.000 2000-2001 2001-2002 ACTUAL ACTUAL ACTUAL R 1212 REGULAR WAGES $73.103 $79,231 $85,218 R 31101 LEGAL 156 429 2,149 R 31502 ENGINEERING 1.900 3.568 2,635 R 32001 AUDIT 2,000 4.157 2.259 R 3402 TESTING 5,124 2.845 t 3,800 R 3406 METER CALIBRATION 0 432 0 R 35004 SERVICES (LAWN MAINT) 10.267 12.000 11.t70 IR 4300 ELECTRICITY 92.761 104,830 95.534 R 45001 INSURANCE 4.357 6.112 17.539 R 46014 M & R EQUIPMENT 7,708 8,t79 6.949 R 4640 M & R SUILDING 1,213 154 76 R 4902 LICENSES & PERMITS 18 84 0 iR 5204 SUPPLIES LAS 4.884 3.759 628 4 52103 CHEMICALS CHLORINE 31.969 41,458 37.358 'TOTAL BUDGET: $235,460 $267,238 $275,315 2002-2003 2002-2003 2003-2004 BUDGET PRQJECTED BUDGET $95,000 $87,600 $95,000 5,000 3,300 5,000 3,000 4,000 4,000 4,000 4,000 2.000 15,000 14.900 15.000 1,000 400 1,000 15.000 12.500 9.000 g6.000 95,000 104.000 20.000 27,000 30.000 8.000 8.000 8.000 1.000 500 1,000 0 0 0 1.000 500 1,000 40,000 39.000 40.000 $304,000 $296,700 $315,000 AS OF 7/08/03 SOl'TH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 2003-2004 RECI-,MM BUDGET ACCT, NO. R 1212 REGULAR WAGES Reuse charged ($31,00/hr) for work performed on system R 31101 LEGAL Atttomey fees associated with reuse R 31502 ENGINEERING Engineering fees associated with reuse R 32001 AUDIT R 3402 TESTING Audit fees for muse Costs associated for lab fee required by DEP R 34O6 METER CALIBRATION Calibration of trensmlttsre, totalllzere, recorders as required R 35004 SERVICES Cost Jncured for maintenance of grounds associated with reuse R 4300 ELECTRICITY per KWH including surcharge for peak usage R 45001 INSURANCE Property liability package for reuse covered under plant policy R 46014 M & R EQUIPMENT Annual repair Items for reuse pumps & equipment R 4640 M & R BUILDINGS Cost incurred for repair of reuse buildings R 4902 UCENSE & PERMITS Cost for State & local reuse permits R 5204 LAB SUPPLIES Lab supplies consumed for testing required by DEP for reuse R 52103 CHEMICALS Chlorine l~tons ~ $300 per ton 2003~004 BUDGET $95,000 5,000 4,000 2,000 15,000 1,000 9,000 104,000 30,000 8,000 1,000 0 1,000 40,000 $315,000 718103 REPAIR ~r REPLACElqENT FUND 2003/2004 NONE BUDGETED FOR THIS FISCAL YEAR. EXCEL~BUDGET~R&R0304 C. APITAL PROJECTS 50/50 FROM F~KCH CITY REUSE LrXPANSlON Construction (Matching Grant Funds) Coll$U]mnt TOTAL: $100,000 30~000 Word\budget\cap proj0304 AGENDA # J -(1) WASTEWATER OPERATIONS. MAINTENANCE ~r RESERVES FUND USER RATE 8;: PROIECTED REVENUES 0.635/1,000/gal O & M 0.180/1.0001.al Reserves ~ Total ~ATE OPERATIONS 8Z I~MNTENANCE INCOHE MINIMUM 16.3 mgd $0.635/1,000 GALS. $3,TT8,000 AVERAGE 17.2 mgd $0,635/1,000 GALS. $3,987,000 MAXIMUM 18.1 mgd $0,635/1,000 GALS. - $4,195,000 RESERVES FOR REPAIRS ; REPLACENEHT MINIMUM 16.3 mgd AVERAGE 17.2 mgd MAXIMUM t8.1 mgd $0.18/1,000 GALS. $0.18/1,000 GALS. $0.18/1,000 GALS. $1,070,000 $t,130,000 $1,169,000 RECLAI~f USER RATE ~ PROIECTED REVENUES Race established by Contract to be $0.20/I,000 pl. for reuse water and $0.08/1,000 pl. for storage. Complete audit will be performed at end of Fiscal Year to determine If rate increase is required. LOCATION RATE Country Club of Florida 0.20 Delray Dunes 0.28 Huntem Run 0.28 Pine Tree 0.28 Quail Ridge 0.28 South Central Regional 0.20 HINIHUH $16,000 20,000 51,000 24,000 123,000 6~000 $240,000 ~ROIECTED $26,000 20,000 51,000 40,000 180,000 6,000 323,000 $35,000 38,000 51,000 35,000 205,000 8,000 $372,000 TO: THRU: FROM: SUBJECT: PAUL DORLIN(~, DIREC¥OR OF F~NNING AND ZONING ABANDONMENT OF A 9' x 90' PORTION OF THE EAST-WEST ALLEY RIGHT-OF-WAY, LOCATED ON THE WEST SIDE OF N.W. 10TM AVENUE, APPROXIMATELY 100' NORTH OF WEST ATLANTIC AVENUE. The request involves abandoning an 9' x 90' portion of alley right-of-way, adjacent to Lot 1, Block 6 of Whidden's Subdivision (Plat Book 2, Page 58), located on the west side of N.W. 10th Avenue, approximately 100' north of West Atlantic Avenue. The subject alleyway consists of 810 total square feet (0.019 acre) and represents the south 9-feet of a 27-foot alleyway, adjacent to Lot 1. In December of 1925, Whidden's Subdivision (excluding Lots 1 & 6, Block 6) was replatted with the recordation of the plat of Atlantic Pines. The plat of Atlantic Pines shifted the entire block to the north approximately eleven (11) feet with the exception of Lots I & 6, Block 6 of Whidden's Subdivision. A new 16' east/west alleyway was dedicated through the plat of Atlantic Pines leaving 27-feet of alley right-of-way (11' existing + 16' New) on the north side of Lots I & 6, Block 6 of Whidden's Subdivision. On June 17, 2003, the Planning and Zoning Board approved a similar abandonment request located on the west end of the block, adjacent to Lot 6, Block 6 of Whidden's Subdivision and was subsequently approved by the City Commission at their July 2, 2003 meeting. The abandonment request was submitted by the owner of Lot 1, Block 6 of Whidden's Subdivision. By abandoning this area, the applicant will receive the entire abandonment area since Lot 1, Block 6 is the only abutting lot remaining from the plat which dedicated this portion of alley right-of-way. Presently, the abandonment area is unimproved and the entire east/west alleyway is mulched. The applicant intends to aggregate the abandonment area to be used as additional land for a future development. The City's Environmental Services Department (water & sewer service), Flodda Public Utilities Company (gas service), Florida Power & Light, BellSouth, and Adelphia Cable have reviewed the request, and have no objection to the abandonment. At its meeting of July 21, 2003, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning the proposed abandonment. After reviewing the staff report and discussion, the Board voted 5-0 to recommend approval (Woelkens & Morris absent). By motion, approve the abandonment of the south 9' x 90' portion of the alleyway, lying adjacent to Lot 1, Block 6 of Whidden's Subdivision, based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: Abandonment Resolution P & Z Staff Report of July 21. 2003 S:~Planning & ZOning~BOARDS~CITY COMMISSIONV_ot 1, Block 6 Whidden's Alley Abandonment-CCDoc, doc RESOLUTION NO. 50-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA VACATING AND ABANDONING A PORTION OF THE EAST/WEST ALLEYWAY LYING NORTH OF AND ADJACENT TO LOT 1, BLOCK 6, WHIDDEN'S SUBDIVISION, AS MORE PARTICULARLY DESCRIBED BY EXHIBIT "A". WHEREAS, the City of Detray Beach, Florida received an application for abandonment of a portion of the east/west, fifteen (15) foot alley right-of-way lying north of and adjacent to Lot 1, Block 6, Whidden's Subdivision, as more particularly described in Exhibit "A", attached hereto; said Lot 1 being located on the west side of N.W. l0th Avenue, approximately 100 feet north of West Atlantic Avenue; and WHEREAS, the application for abandonment of said alley right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on July 21, 2003 and voted 5 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(05); and WHEREAS, the City Commission of the City of Delray Beach, Florida finds 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 Delray Beach to vacate and abandon said alley right-of-way based upon positive findings pursuant to LDR Section 2.4.6(0)(5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. reference. The foregoing recitals are hereby incorporated herein by this 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, described in Exhibit "A". PASSED AND ADOPTED in regular session on this the __ day of August, 2003. ATTEST: MAYOR City Clerk Exhibit "A" THE SOUTH 9.0 FEET OF THAT PORTION OF THE 15 FOOT ALLEY RIGHT-OF- WAY LYING NORTH OF AND ADJACENT TO LOT 1, BLOCK 6, WI-IIDDEN'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 58, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST 10.0 FEET THEREOF. CONTAINING 810 SQUARE FEET MORE OR LESS. ,00'66 ,00'66 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV.E. Abandonment of a Portion of an 11' X 90' Alleyway, Located on the West Side of NW 10th Avenue, Approximately 100 Feet North of West Atlantic Avenue GENERAL DATA: Owner ............................. Agent/Applicant .............. Location .......................... Property Size .................. General Public Harry Hagwood West side of NW 10~ Avenue, approximately 100 feet north of West Atlantic Avenue 990 sq. ft. (0.023 Acre) Future Land Use Map ..... General Commercial Current Zoning ...............GC (General Commercial) Adjacent Zoning....North: GC East: South: West: Existing Land Use .......... Proposed Land Use ........ Water Service ................. Sewer Service ................ GC GC GC Unimproved right-of-way Abandonment of an excess 11' x 90' portion of alleyway to be incorporated into a future development. N/A N/A IV.E. The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of an 11' x 90' portion of alley right- of-way, located on the west side of N.W. 10w Avenue, approximately 100' north of West Atlantic Avenue. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The 15' east/west alleyway was originally dedicated with the recordation of the plat of Whidden's Subdivision (Plat Book 2, Page 58) in October of 1912. In December of 1925, Whidden's Subdivision (excluding Lots 1 & 6, Block 6) was replatted with the recordation of the plat of Atlantic Pines (Plat Book 13, Page 77). The plat of Atlantic Pines shifted the entire block to the north approximately eleven (11) feet with the exception of Lots 1 & 6, Block 6 of Whidden's Subdivision. A new 16' east/west alleyway was dedicated through the plat of Atlantic Pines leaving an additional 11' of alley right-of-way on the north side of Lots 1 & 6, Block 6 of Whidden's Subdivision. At its meeting of June 17, 2002, the Planning and Zoning Board recommended approval of a similar request for the abandonment of an 11' x 50' portion of alley right-of-way at the west end of the subject block adjacent to the north side of Lot 6, Block 6 of Whidden's Subdivision (Northeast corner of West Atlantic Avenue and N.W. 11th Avenue). The abandonment was subsequently approved by the City Commission at their July 2, 2002 meeting. The abandonment currently before the Board is for the abandonment of an 11' x 90' portion of alley right-of-way adjacent to the north side of Lot 1, Block 6 of Whidden's Subdivision. Presently, the subject property is vacant and the entire east/west alleyway is mulched/unimproved. The portion of alleyway proposed for abandonment is an 11' x 90' rectangular shaped parcel containing approximately 990 square feet (0.023 acre). The abandonment area represents one leftover portion of alley right-of-way that has been excluded from the replat of the entire block. The abandonment request was submitted by Mr. Harry Hagwood, the owner of Lot 1, Block 6 of VVhidden's Subdivision. Lots 1 & 6, Block 6 of Whidden's Subdivision and Lots 2 through 5 of Atlantic Pines Subdivision are currently vacant. The applicant intends to aggregate the subject area for additional land Planning and Zoning Board Staff Report Lot 1, Block 6 Whidden's Alley Abandonment Page 2 area to be used for future development. Currently, no development plans have been submitted. Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. The proposed abandonment area was originally dedicated from Whidden's Subdivision. The abutting properties were Lot 1, Block 6 and Lot 12, Block 1 of Whidden's Subdivision. With the replat of Whidden's Subdivision by the plat of Atlantic Pines, Lot 1, Block 6 is the only abutting lot remaining from the original plat which dedicated this portion of alley right-of-way. By abandoning this area, the property is returned to the owner of Lot 1, Block 6. Utility Services The City's Environmental Services Department (ESD) and Fire Department and the have also reviewed the request and have no objection to the abandonment. Florida Power & Light, Adelphia Cable, BellSouth, and the Florida Public Utilities Company have also reviewed the request and have no objection. Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. The adjacent 16' east/west alleyway and a portion of the north/south alleyway (dedicated by the Atlantic Pines Plat) are being utilized for access and are not being considered for abandonment. As previously mentioned, the subject area is in addition to the existing dedicated 16' east/west alleyway. Per LDR (Land Development Regulations) Section 5.3.1(D), Right-of-Way Dimensions, the right-of-way width for alleys with two-way traffic is 20' or the existing dominant width. Based upon the development potential adjacent to the abutting 16' east/west alleyway, there is a need to dedicate 2' of additional right-of-way from all abutting property owners on both sides of the existing 16' east/west alley. Since the alley right-of-way adjacent to this parcel measures a total of 27' in width (16' existing + 11' additional), staff recommends Planning and Zoning Board Staff Report Lot 1, Block 6 Whidden's Alley Abandonment Page 3 abandoning 9' of the requested 11' so that 2' of additional right-of-way will not be needed from this property owner at a later time. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject abandonment will not prevent access to any pamel, as all affected parcels will still have secondary access from an existing 16' eastJwest alleyway. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. Based upon responses from the applicable utility providers, no utilities are located within the abandonment area. The development proposal is within the geographical area requiring review by the DDA (Downtown Development Authority), the CRA (Community Redevelopment Agency and WARC (West Atlantic Redevelopment Coalition) Board. The proposed abandonment is not within the geographical area requiring review by the HPB (Historic Preservation Board). Downtown Development Authority: The DDA reviewed this abandonment request at its meeting of May 21, 2003 and recommended "Approval" to abandon 9' x 90' instead of 11' x 90' as recommended by staff. Community Redevelopment Agency: The CRA reviewed this abandonment request at its meeting of May 22, 2003 and recommended "Approval". West Atlantic Redevelopment Coalition: The WARC reviewed this abandonment request at its meeting of June 11, 2003 and recommended "Approval" to abandon 9' x 90' instead of 11' x 90' as recommended by staff. Courtesy Notices: Courtesy notices have been provided to the following groups: PROD - Progressive Residents of Delray Presidents Council West Side Heights Homeowners Association Gateway Homeowners Association Planning and Zoning Board Staff Report Lot 1, Block 6 Whidden's Alley Abandonment Page 4 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. The abandonment area is in addition to an existing 16' east/west, alley right-of- way. As previously mentioned, since a 2' right-of-way dedication will be needed with future development from abutting property owners on either side of the east- west alleyway to establish a 20' wide alley right-of-way, staff recommends abandoning only 9' of the requested 11' alley width so that right-of-way dedication will not be needed from this property at a later time. Access will not be prevented to any lot of record and no utilities currently exist. By vacating this area and aggregating it with the abutting property (Lot 1, Block 6 of Whidden's Subdivision), the potential for a better development is created. 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonment of the 9' x 90' portion of alleyway, lying adjacent to Lot 1, Block 6 of Whidden's Subdivision, based upon positive findings with respect to LDR Section 2.4.6(0)(5). Recommend to the City Commission approval of the abandonment of the 11' x 90' portion of alleyway, lying adjacent to Lot 1, Block 6 of Whidden's Subdivision, based upon positive findings with respect to LDR Section 2.4.6(0)(5). 4. Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(O)(5). By motion, recommend to the City Commission approval of the abandonment of the south 9' x 90' portion of the alleyway, lying adjacent to Lot 1, Block 6 of Whidden's Subdivision, based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachments: · Location Map · Reduced Survey S:~Planning & Zoning~BOARDS\P&Z BOARD~Lot 1, Block 6 Whidden'ss Alley Abandonment.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS RESOLUTION NO, 52-03 - REGUI. JtR MEETING OF AUGUST 19. 2003 AUGUST 15, 2003 This is a resolution assessing costs for abatement action required to remove nuisances on twelve (12) 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. 52-03. AgmemoCE.Res No 52-03 RESOLUTION NO. 52-03 & ~.~SOLDTION OF ~/~ CITY ~O%~ISSION OF 3'~ ~ OF D~Y B~, F~RIDA, ~ TO ~R 100 OP CZ~ OF D~Y B~, ~SBSSZNG ~T~ ~R ~ATZ~ ~S ~ON ~T A ~I~ OF LI~ S~L A~ S~ZNO ~ A~ ~BTB ~uu~ BY ~'~ PRO~D~ PeR ~ ~FF~ DA~ ~ FOR A ~ ~ ~ Z~&'~ST ON ~SZS~Bi ~ROVZDZNG POR ~ ~G OF D~ ~ L~ ~ B~ A LI~ ~ON ~'u ~ ~ROP~ FOR ~AID ~~S · certain lo~s or parcels o~ l~d, descried ~n hereof, for vAola~A~ of ~e p~AsA~, o~ ~-~er 100 MHZ~EAS, ~auant t.o Bact:Lon 100.20, 100.21 end 100.:22 of ~he Cods of Or~n~cos of ~he C~y of Delrl~ Bosch, ~he CL~ ~ager or ~1 desL~&~od accord~ce wt~h the s~fl~iF~s It~ forth Ln ~-~er lO0 o~ ~e Code of Ordinances, ~d did f~ish ~he =espec~ive ~er(s) of ~he l~d(s) described in the a~ached lis~ wi~h ~A~ no=Ace of p~lAc nuis~ce puFsu~ ~o Sec~Aons ~00.~0, ~00.2~ ~ ~00.22 o~ ~e ~ode of ~dAn~ces descr~Ang ~he na=ure of ~he hula,ce(s) ~d s~= no=Ace ~ha~ wi~n ~ (~0) ~ys ~ ~ ~=e of aaAd no~ice for~M-~ (42) ~ys An ~he case of viola~Aon o~ Sec=ion ~00.04 ~r~ainA~ to oeawalls) ~ ~o~ ~a~e said hula.ce, oF file a ~i~ re~es~ for a heaFAng ~o revA~ ~ decioAon ~ a nuAs~=e ~ls=e~ within ~en (~0) days fr~ ~e da~e of s~d ~ice, failing ~ch ~e City of ~lray ~each would p~ceed ~o co~ec= ~s con~A~Aon ~ ~a~ing such auAs~ce, ~d ~ ~he cos~ ~ereof ~ld be levAed am ~ assesmnt tga~nl~ oaAd ~r~oFty; ~d, WH3~JAS, ~ha property owner(a) neMd tn ~ha 1:Lot attached hereto end mdc a par~ hereof ~d fa~l ~d negloc~ ~o ~a~e ~he nuLs~co(s) ~s~ng ~on ~he~r zeSpec~ 1~ or ~o p~erly ro~os~ a ba~ ~su~ to Section 100'~21 nd ~00.22 ~n ~e t~ ]4-4Ca preserved ~n sa~d ~ee ~d ~-ptor 100 o~ ~o ~o o~ ~col, or if ~0 pr~lr~y ~.r(i) ~d n~.l~ ~d rose,ye a hoar~, said p~ ~or(a) failed ~d/or ~gloctod to ~ate such nu~e~ce(e) vi~n ~o t~ doa~a~od at ~e b~ whe~ a doc~e/~ us ~dorod adverse Co ~o p~er~y ag~ta or contractors ~d ~ ~o CL~y ~n~stratLon was ~erefore ~curred COI~I ~n ~a~ing ~ho a~oc~ nu~s~ce(a) ~.~ng ~eroon u doscr~ed w~, the City ~ger o~ ~he ~i~ o~ ~llra~ Beach ha, ~p~e: 100 o~ ~e Code o~ ~eol of ~e Ci~ of hl~l~ Beach, ~t~ed to Che City · forasaid, laid report 4ndAceting tho cello per parcel of land involvad; and, W~EAa, t. he City t~4a0ion of ~hs City of hl~a~ Beech, ~rsu~2 to ~ap~er ~00 o~ ~o Coda o~ Or~eew desires ~o ammomm the cowl o~ wa~d nu~m~ce(.) against wa~d pr~erCy ~or(w), lion, THBR~FORB, BB XT Jt~BOLV~D BY TH~ ~XTY COJOiXSSZON OF TH~ CZT2' OF D~AY aBASH, FLOItXDA, U FOL~OWS~ Section l. That mosasmuts in ~ha individual amounts as shown report of ~e C~t~ ~ger of ~e C~t~ o~ hlra~ Beach, ~nvolv~ng ~e C~t~ts cos~_o~ ~mt~ng ~m a~oroa~d ~a~cew ~ ~e iota o~ parcels o~ ~d descried ~n sold r~ort, a c~ of v~ch ia attached hereto ~d mdc a part breo~, are her~ levied against the parcel(s) o~ X~d descried ~ said repor~ ~ An ~e ~h(a) An~cahed ~oroon. Said Illel~tl I0 levied I~1, ~f ~t paid vi~n ~rt~ (30) ~l mixing o~ ~e not~co descr~d ~n ~ec. 3, ~e~ m X~ ~ ~e ~ew~ect~ve Xote ~d parcel(s) of l~d ~scr~d ~ enid r~ort, of ~o om ~turo nd to ~e sm ~tut as ~e lien ~or g~eral c~ty t~ew ~d shall be coXloct~bXo ~n ~o sm Section 2. That ouch nssmsmnto mhll bo logel, valid and binding obligations upon the propar~ against which said ·ssase~ento era levied. Section 3. That tho City Clerk of the City of Dalrly Beach 4w hereby directed to 4~-diately u-A1 l~y £Arst class mil to th ~er(a) o~ the levied ~ aaoeo~t aga~t said ~r~ert~ fo~ ~e coat o~ ~atmnt .02 wand nuia~ce laid p~ert~, ~d interest will mccaw It ~e rate o~ 8~ per m~, plus realon~le atto~'l fees ~d other coats oZ collecting said ~. A Notice of ailed, along with ~e Hotice o~ bsel~t ~d t~l resolution. Section 4. ~t ~1 ~loXutAon Ihll hc~ O~focti~ ~ (30) dams f~ ~e ~te o~ a~tA~ ~d ~e aooeo~t(s) c~ned herein ohll ~c~ due ud pa~le ~h~rt~ (30) ~Ms after ~o mixing ~te o~ ~e notate of laid after w~ch a Xl~ Ihll ~ pla~ed ~ laid p~rt~(I), ~d AnheFelt ~hll acc~e at ~e rate of tight (8) ~rc~t ~r -~-~ plus, Af colloctA~ p~cee~s are necessa~, ~e costs o~ such p~cee~ngs ~cl~ a ~aso~le atton~'o fee. Section S. That ~n the o~ent that payment ho not bean received b~ the City Clerk within h~LrtT (30) ~ym after ~e mAIA~ ~te o2 ~e ~tAce of ammem~t, ~e Ci~ Clerk lo her~ ~octed ~ record a certified c~ o2 ~lm remolu~Aon An ~lic records o2 Pa~ ~ach C~t~, rlori~, ~d ~on ~e ~te ~d t~ o2 recording of ~o certified c~F o~ ~s resolution a l~on shll bocm ef~ect~ ~ tho pr~or~ which shall secure ~e cos~ of ~at~nt, ~nte~es~ a~ ~e ra~o of 8~, ~d collection costs ~nclud~ng a roaso~lo a~to~'s 2 Res. No. 52-03 l).~S S ED ~ JLDOI)-~iJ~ :Ln regu~.&z: ee~,,,:l, on on th:L. Che · 2003. day o£ MAYOR Res. No. $2-03 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRAY, S 66 FT OF N 186.51 FT OF W 135 FT OF BLOCK 123, PB 1, P 3, BARBARA DOOLEY PUBLIC RECORDS OF PALM BEACH COUNTY, FL 133 NE 7TH AVENUE 133 NE 7TH AVENUE) DELRA¥ BEACH, FL 33483 12 43 46 16 01 123 0010 CUST ID # 10019 I $ 150.25 $ 55.00 ADMFEE 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, SIDNEY WASHINGTON PUBLIC RECORDS OF PALM BEACH COUNTY, FL C/O DENISE WASHINGTON 1402 NW 2ND STREET) 1402 NW 2ND STREET # 2 12 43 46 17 00 000 3100 FT. LAUDERDALE, FL 33311 CUST ID # 5659 $ 106.00 $ 55.00 ADM FEE HARRY SEEMILLER SUB, N 198.96 FT OF LOT 6, ~/EST OF FEDERAL HWY, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL HENRY J. ASTEMBORSKI, TR NO. FEDERAL HWY / A35 1 VAC LOT NO. OF IHOP) 1160 HIGHWAY A-1-A # 908 12 43 46 09 12 000 0061 POMPANO BEACH, FL 33062 CUST ID # 9880 $ 25O.50 $ 55.00 ADMFEE SOUTHRIDGE PLAT 3, LOTS 1 TO 23, INC & ABANDONED SW 10TH COURT RNV THRU PL/LESS S.T.E.M. INTERNATIONAL, INC. SO. SWINTON AVE R/O/W, PB 24, P 24, 10585 SW 109TH COURT # 201 PUBLIC RECORDS OF PALM BEACH COUNTY, FL MIAMI, FL 33176 (1050 SOUTH SWINTON AVENUE) 12 43 46 20 17 000 0010 CUST ID # 10050 $ 629.00 ?$ 55.00 ADM FEE Res. No. 52-03 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE TOWN OF DELRAY, S 50 FT OF N 200 FT OF W 135 FT OF BLOCK 20, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (33 NW 6TH AVENUE) LAURIE BAKER 12 43 46 18 01 020 0070 330 WASHINGTON AVENUE CUST ID # 277 DELRAY BEACH, FL 33444 $ 102.00 $ 55.00 ADM FEE 17-46-43, S 50 FT OF W 135 FT (LESS W 25 FT RD R/O/W) OF S 1/2 OF N 1/2 OF LOT 6, PB 1, P 3, ETHEL SCOTT ESTATE PUBLIC RECORDS OF PALM BEACH COUNTY, FL 77 2ND STREET I (1119 NW 1ST STREET) CANANDAIGUA, NY 14425 12 43 46 17 42 006 0090 CUST ID # 92 ~ $ 80.50 ~ $ 55.00 ADM FEE CHATELAINE NO. 1, LOT 13, BLOCK 5, PB 29, P 94, DOLORES G. BELL PUBLIC RECORDS OF PALM BEACH COUNTY, FL 700 AVENUE CHAUMONT , (700 AVENUE CHAUMONT) DELRAY BEACH, FL 33445 12 43 46 12 03 005 0120 CUST ID # 9996 ' $ 109.00 $ 55.00 ADM FEE TOWN OF DELRAY, N 50 FT OF S 356.4 FT OF E 135 FT OF BLOCK 24, PB 1, P 3 ADELENE JENKINS PUBLIC RECORDS OF PALM BEACH COUNTY, FL .PO BOX 1993 (322 SW 6TH AVENUE) DELRAY BEACH, FL 33447 12 43 46 16 01 024 0040 CUST ID # 187 $ 110.50 $ 55.00 ADM FEE ATLANTIC GARDENS DELPAY, LOTS 20 & 21, BLOCK 10, PB 14, P 63, PUBLIC RECORDS OF J.E. & CARRIE L. TIGGETT PALM BEACH COUNTY, FL 316 SW 7TH AVENUE (234 SW 10TH AVENUE) POMPANO BEACH, FL 33060 12 43 46 17 23 010 0200 CUST ID # 6678 $ 97.25 $ 55.00 ADM FEE I Res. No. 52-03 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE WOODVUE, LOT 11, PB 37, P 19, RANDOLPH H. PETREN PUBLIC RECORDS OF PALM BEACH COUNTY, FL 2320 GREENBRIER DRIVE 2320 GREENBRIER DRIVE) DELRAY BEACH, FL 33445 12 43 46 30 05 000 0100 CUST ID # 10052 $ 201.50 ...... $ 55.00 ADM FEE CHATELAINE NO. 1, LOT 8, BLOCK 6, PB 29, P 94, PUBLIC RECORDS OF PALM BEACH COUNTY, FL ALISE A. ABRAHAM 3627 AVE DE GLEN) 3527 AVEUE DE GlEN 12 42 46 12 03 006 0080 DELRAY BEACH, FL 33445 CUST ID # 8501 $ 84.00 $ 55.00ADM FEE DELRAY GOLFVIEW CONDO ASSOC COMMON AREA, PB 1, P 3, DELRAY GOLFVIEW CONDO PUBLIC RECORDS OF PALM BEACH ASSOCIATION, INC. COUNTY, FL c/o HERME WALLACE, REG A. 645 SW 20TH COURT) 312 LIVE OAKS LANE OUST ID # 8048 BOYNTON BEACH, FL 33436 $ 80.50 $ ~.00 ADM FEE VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE. Res. No. 52-03 TO: THRU: FROM: SUBJECT: D AVID T.H ARDEN, C IT~Y-.M~ .A.N,~ E~ ~,_~ PAUL DORLING, DIRECTOR OF PL~-NN~'J~ND ZONING MEETING OF AUGUST 19, 2003 *CONSENT AGENDA* AMENDING LEGAL DESCRIPTIONS AND SKETCHES INCLUDED WITH PREVIOUSLY APPROVED AND RECORDED RESOLUTION 20-97 WHICH ABANDONED CERTAIN EASEMENTS ASSOCIATED WITH THE PLAZA AT DELRAY, LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND FEDERAL HIGHWAY (U.S. 1). At its meeting of March 14, 1997, the City Commission approved Resolution No. 20-97 vacating and abandoning certain easements within the Plaza At Delray shopping center located at the northwest corner of Federal Highway and Linton Boulevard, in connection with the renovation of Delray Mall. At its meeting of March 13, 2003, the City Commission accepted an easement deed containing replacement easements associated with the Plaza at Delray (f.k.a. Delray Mall). Resolution No. 20-97 was forwarded to the Clerk of the Cimuit Court for recording in conjunction with the Easement Deed. After these documents were recorded, it was discovered that the Legal Description and Sketches of some easements to be abandoned that accompanied Resolution No. 20-97 did not coincide with their exact location. The aforementioned Legal Description and Sketches accompanying the amending abandonment Resolution have been revised to describe and depict the correct abandonment areas and will supersede Resolution No. 20-97 recorded in Official Records Book 15012, Page 874. By motion, approve amending Resolution No. 53-03 abandoning certain easements associated with the Plaza at Delray, based upon positive findings with respect to LDR Section 2.4.6(P)(5) Abandonment of Easements, correcting and superseding all previously abandoned easements included within Resolution No. 20-97. Attachments: · Location Map · Abandonment Resolution No. 53-03 · Recorded Resolution 20-97 DELRA Y REIGLE AVENUE VALSON AVE. PLACE CONDOS EXECU~VE QUARTERS GENITAL AVE. STERLING AVENUE SOUTHRIDGE ~ FLORANDA[ TRAILER PARK S.E. 12TH RD. HARBOUR SIDE DOMAINE DELRA Y IVlLLA GE ~REE LANE ONE LIN TON BL VD. OLD HARBOUR PLAZA HARBOURS EDGE BOULEVARD NATIONS BANK MC CLEARY ST. CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPAR~ENT THE PLAZA AT DELRAY (F.K.A. DELRAY MALL) RESOLUTION NO. 53-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING CERTAIN UTILITY EASEMENTS AS SHOWN ON A REPLAT OF DELRAY MALL, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 58 AT PAGE 133 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AS MORE PARTICULARLY DESCRIBED BY EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of certain water and sewer easements as shown on A Replat of Delray Mall, as more particularly described in Exhibit "A", said property being located at the northwest corner of Federal Highway and Linton Boulevard; 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 Delray 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 Delray Beach to vacate and abandon said easement, as more particularly described in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. reference. That the foregoing recitals are hereby incorporated herein by this Section 2. That pursuant to Chapter 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 in Exhibit "^". PASSED AND ADOPTED in regular session on this the day of ., 2003. ATTEST: MAYOR City Clerk Resolution No. 53-03 · N, ILrVI$1flN ~ATE 7/30/03 J~ ~L 15047~01 ~E 1~/10/~ ~ Ng. 15e47.,~1 Heller - Weaver and Sheremeta, inc. EnF~eers ... Surveyors ... Planners ~ m ~ / / / / / / 02-15047.201-SSI IEXHIBIT "A"1 KEY MAP SHEET 1 OF 9 0 (D PARCELS 1/10 SHEET 2 OF 9' Heller - ~eaver and Sheremeta, inc. En~inee~ ... Smw'eyor~ .. Planne~ E,& N~ 0e~340 / ~,~ ~ n~,,~k 33~ £XHIBII "A" / C36~ ~43-~78~ - ~ P.O.C. NORTHWEST CORNER A REPLAT OF DELRAY MALL (PB 58, PG 133) s s~..3,6'55" E REFERENCE pOiNT " ~IEST LiNE (p.B. ss, po. ~3t)--~'~ ~TE 7/'30.~3 ,109 FI]. 1~047,301 ~lK I~lO/O~ JO8 NO. 15647.,c~1 REFERENCE pOINI "B"~ F' .o. ~F'.O.E' '- S B1'36'55" E F 27.33' /_~ S OS'?'°5" ~ : o.oo p.O.E- 10.00' Heller - ~eaver and Sheremeta, inc. Engineers ... Surveyors ... Planners r~ sa ~ 02-15047.201-$S$ EXHIBIT PARCEL 2 SHEET 3 OF 9 P.O.(:;, 55.98',~ L.;tJt- ~, NORTHWEST CORNER ~ ~ .,-- ~ ~ m ", -.-.,,¢-.'~'49 t- ~ ' ~REFERENCr_ ~ ~s~~'q~ ~ ~P.O.S. I , ;X ...... ~I S8922'2~EJ ~ I l~ ~ I ~REFERENCE ~ ~ iI~1 POINT "A" < ~ pARCEL 3 ~ r:~ ~ ~ PARCEL~3 A 4 ~TE ~AO/~ ~ 02-15047.201-SS4 S~EET 4 OF 9 ~elle~ - ~eave~ aaa Sbereme~a, J~e, EXHIBIT "A" REFERENCE p.O.Eq. pOtNT ~>_~0 ~ WEST 58, p.O / p.O.E. i ~ p.O.E.. l,i 08'23'05 E ~/~ 20.00' pARCEL 81'3~'55" w 55.5o' ICE pOINT p.O P.O.C=~ SOUTHWEST CORNER A REPLAT OF DELRAY MALL (PB 58, PG 133)~ DATE 7/30103 JOB HI1 15047,301 SCALE P= ~' B~TE 1~I10/0~ JOB N(1 15047201 dlmmt~-% 81'36'55" E pOINT "B" ~v~'ss' ~ PARCEL 6 13.31' ~ p.O.E. / r REFERENCE pOINT NB9'4476 E $~~ U~ t~,O0 (p.e. ~, e~' 133,) PARCE~ 5 · 6 Heller - Weaver and Sheremeta, inc. Engineers ... Surveyors ... Pl~rmers ~t m ~e3~¢~ 02-15047.201-SS5 SHEET 5 OF 9 EXHIBIT "A" I-.- PARCEL N 59'09'05" wJ ' ' 25.00' '~'""- SOU TH LINE ~' (P.B. 58, PG 133.) 9 PARCEL 8 N89'55'57"W 23.39' P.O.E. I I ~1~- /.,--PARCEL 7 . o, /[ ~EAST UNE I .' / (P.B. 58. PG 133.) , N~,O oooo v ~'~-~/ \ ""- ' ~2' ~ A: 04'46'as,' 261.26' ' \ R = 1<970.08, ,,,to,,,vo. \;;7.. SOUTHEAST CORNER A REPLAT OF DELRAY MALL (PB 58, PG 153) Heller - Weaver and Sheremeta, inc. Engineers ... Surveyors ... Planners g~ ~ mm~ PARCEL 7, 8 &: 9 02-15047.20'1-SS6 SHEET 6 OF 9 EXHIBIT "A" DESCRIPTION PARCEL 1 46 South, Ronge A parcel of land in Section 21, Township 43 East, lO-feet in width, lying 5-feet on each side of the following descrbed centeHlne: Commencing at the Northwest corner of A Replot of Delroy Moll, cccording to the plat thereof, as recorded in Plot Book 58, at ,Page 13.3 of the Publlc Records of Palm Beach County, Florida; thence, North 89' 52' 49 East, o distance of 93,72 feet; thence, North 00' 37' ,35" East, o distance of 55.00 feet; thence, North 89' 52' 49" East, c distance of 400.02 feet; the last three (3) calls being along the North line of said plat; thence, continuing North 89' 52' 49" East, o distance of 28.56 feet; thence, South 00' .38' 55" Ecet, o distance of 46.65 feet to the POINT OF BEGINNING; thence, continuing South 00' 38' 55" East, a distance of 47.10 feet; thence, South 81' 10' 20" East, a distance of 65.24 feet to the POINT OF ENDING, The sidelines of said parcel to be lengthened or shortened to meet at angle points. ALSO: Parcels of land In Sections 20 and 21, Township 46 South, Range 45 East, 12--feet in width, lying 6--feet on each side of the following described centerlines: Commencing at the Northwest corner of said plat; thence, North 89' 52' 49" East, along the North line of said plat, o distance of 65.25 feet; thence, South 00' 07' 11" East, a distance of 47.11 feet to the POINT OF BEGINNING; thence, South 08' 23' 05" West, a distance of 16.3.75 feet to Reference Point "A"; thence, continuing South 08' 23' 05" West, a distance of 16.3.80 feet to Reference Point "B". thence, continuing South 08' 23' 05" West, a distance of 27.74 feet to the POINT OF ENDING; and Beginning at said Reference Polnt "A"; thence, South 81' 36' 55" East, a distance of 27.33 feet; thence, South 08' 23' 05" West, a distance of 26.00 feet to the POINT OF ENDING; and Beginning at said Reference Point thence, South 81' 36' 55" East, a distance of 27.35 feet; thence, South 08" 23' 05" West, a distance of 20.00 feet; thence, South 81' 36' 55" East, a distance of 10:00 feet the the POINT OF ENDING. Together with: Commencing at the Northwest comer of said plat; thence, North 89' 52' 49" East, a distance of 93.72 feet; thence, North 00' 37' 35" East, a distance of 4,26 feet; the lost two (2) calls being along the North line of said plat; thence, South 89' 22' 25" East, o distance of 25.63 feet to the POINT OF BEGINNING;, thence, South 81' 37' 57" East, a distance of 2;31.75 feet to Reference Point "A"; thence, continuing South 81' 57' 57" East, a distance of 95.60 feet to the POINT OF ENDING; and Beginning at said Reference Point "A"; thence. South 08' 2.3' 05" West, a distance of 586.85 feet to the POINT OF ENDING. Commencing at the Northwest comer of said, plat,; thence, North 8g* 52' 'l-g" East, a distance of 93.72 feet; thence, North 00' 37 35 East, a distance of 15.52 feet; the last two (2) calls being along the North line of said plat; thence, South 89' 22' 25" East, a distance of 53.98 feet to the POINT OF BEGINNING; thence, South 81' ;37' 15" East, a distance of 190.50 feet to Reference Point "B"; thence, continuing South 81' 57' 15" East, o distance of 108.20 feet to the POINT OF ENDING; and Beginning at said Reference Point "B"; thence. South 08' 0.3' 45" West, a distance of 297.70 feet; thence, South 08' .35' 55" West, a distance of 275.70 feet to the POINT OF ENDING. I~VISBN 9ATE 7/30/03 ~N.[ ET.T, ffi 1,~17~ 02-15047.201 -SS7 Iteller - eaver and Sl eremeta, inc. 'A' ~ngineor~ .. 8ttr~om ... Pl~uaner, ~ m DESCRIPTION (CONTINUED) Together with: PARCEL 5 Commencing at the Southwest corner of sold plot; thence, North 08' 25' 05" East, along the West line of said plot, o distunce of 370.86 feet; thence, South 81' 36' 55" East, o distance of 32.27 feet to the POINT OF BEGINNING; thence, North 15' 22' 28" East, o distance of 269.43 feet; thence, North 08' 35' 55" East, a distence of 256.04 feet to the POINT OF ENDING. Together wlth: PARCEL 6 Commencing at the Southwest comer of sold ,plot;. thence, North 89' 44' 06" East, o distence of 122.00 feet; thence, North 90' O0 O0 East, o distance of 198,10 feet; the last two (2) coils being along the South line of said plot; thence, North DO' 00' 00" East, o distence of 138.31 feet to the POINT OF BEGINNING; thence, North 81' 39' 05" West, o distance of 42.99 feet to Reference Point "A~; thence, conUnu[ng North 81' 39' 05" West, o dlstonce of 215.90 feet; thence, North 08' 20' 55" East, o distance of 100.87 feet; thence, South 81' 36' 55" East, o distance of 54.52 feet to Reference Point "B"; thence, North 08' 25' 05" East, o dlstonce of 148,50 feet to Reference Point thence, continuing North 08' 23' 05" East, o distance of 85.41 feet ; thence, North 08'13'05" East o distance of 224.88 feet to Reference Point"D"; thence, continuing North 08' 13' 05" E(3st, o distance of 140.11 feet to the POINT OF ENDING; and Beginning at said Reference Point "A"; thence, South 08' 20' 55" West, a dlstonce of 17.00 feet to the POINT OF ENDING; and Beginning at said Reference Point "B"; thence, South 08' 25' 05" West, a distance of 20.00 feet; thence, South 81' 36' 55" East, o distance of 13.31 feet to the POINT OF ENDING; and Beginning at said Reference Point "C"; thence. North 81' 56' 55" West. a distance of 55.50 feet to the POINT OF ENDING; and Beginning at said Reference Point "D"; thence, South 81' 36' 55' East, a distance of 56,50 feet; thence, North 08' 23' 05" East, o distance of 20.00 feet to the POINT OF ENDING, Together with: Commencing at the Southeast comer of said plat; thence. North gO' 00' 00" West, along the South line of said plat, a distance of 38.35 feet; thence, North 00' 00' 00" East, a distance of 186~87 feet to the POINT OF BEGINNING; thence, North 31' 41' 20" East, a dletance of 201.40 feet to the POINT OF ENDING. Together with: PARCEL 8 Commencing at the Southeast corner of said plot; thence, North 90' 00' 00" West, along the south line of said plat, o distance of 204.62 feet; thence, North 00' 00' 00" West, a distance of 394.60 feet to the POINT OF BEGINNING; thence, South 81' 36' 00" East, o distance of 245.00 feet to the POINT OF ENDING. ~l[ 7/3~3 ~ ~ 15047~1 ~ ET~[ .I]ll NE 1~472~ Heller - Weaver and Shereme[a, inc. Engineers ... Surveyors ... Planners 02-15047.201-$$8 SHEET 8 Of' 9 ! ~,~.~y k~ch, ~ 33493 £XHIBIT DESCRIPTION (CONTINUED) Together with: Commencing at the Southeast corner of said plot, thence, North 90' 00' 00" West, along [he South line of said plat, a distance of 261.26 feet; thence, North 00' 00' 00" West, a distance of 366.02 feet to the POINT OF BEGINNING; thence, North 59' 09' 05" West, a distance of 25.00 feet to the POINT OF ENDING. Commencing at the Northwest comer of said plat; thence North 89'52'55" East 93.72 feet; thence North 00'37'41" East a distance of 55.00 feet; thence North 89'52'55" East a distance of 400.02 feet; thence North 00'41'26" East a distance of 169.28 feet to the POINT OF BEGINNING; The lost four (4) calls being along the North line of said plat; thence South 52'11'17" East o distance of 806.33 feet to the POINT OF' ENDING; The sidelines of said parcels to be lengthened or shortened to meet at angle points. DA~E 7/30/03 SCALE ILLS, BATE LT~IO/OB dl~ ND. 15647~1 Heller- Weaver and Sheremeta, inc. Engineers ... ~urveyors ... Planners 02-15047.201-$S9 SHEET 9 OF 9 EXHIBIT TO: THRU: FROM: SUBJECT: PAUL DORLING, DIRECTOR O~'PLANNING AND ZONING MEETING OF AUGUST 19, 2003 **CONSENT AGENDA** ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION ASSOCIATED WITH STEVEN'S OFFICE BUILDING. The action req_u, ested of the City Commission is acceptance of a right-of-way deed associated th h ~t with the Stevens Office Building, located at 75 SW 5 Avenue. T e s' e is on the east side of SW 5~h Avenue between W. Atlantic Avenue and SW 1st Street and within the GC (General Commercial) zoning district and the West Atlantic Avenue Overlay district. At its meeting of February 26, 2003, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan for Steven's Office Building, subject to conditions, which included recordation of a right-of-way deed. The approval was for the conversion of the existing 1,070 sq.ft, single family dwelling to professional offices with associated parking and landscaping. Pursuant to LDR Section 5.3.1, the required right-of-way width for SW 5th Avenue is 60' and 40' exists. Pursuant to LDR Section 5.3.1(D)(4) (Reduction in Width), reductions in the required right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Services Management Group (DSMG) for existing streets. As SW 5th Avenue is an existing street, the DSMG and City Engineer determined that a right-of-way width of 50' for this section of SW 5th Avenue would be sufficient. Therefore, with this development proposal 5' of right-of-way must be provided. The Assistant City Attorney has reviewed the right-of-way deed for legal sufficiency and form, and determined it to be acceptable. By motion, accept the right-of-way deed associated with the Steven's Office Building. Attachments: Location Map Reduced Site Plan Right-of-Way Deed MARTIN LU~-IER KING JR. DRIV~ FIRE STATION NO. 1 1ST TENNIS STADIUM Cl TY HALL COMMUNITY CENTER N.W. 1ST ST. ATLANTIC AVENUE COMPLEX COUNTY ,Z COURT ~1 HOUSE CC__ 1ST ST. 3RD STEVEN'S OFFICE BUILDING LEVEL - CLASS V SITE PLAN MODIFICATION 75 S.W. 5TH AVENUE SUPPLEMENTAL INFORMATiON APPROXIMATE AC~REAGE : 0.25 S ii Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED [._~ THIS INOENTURE made this day of ~lor,'l , 2003, between Ffr~f~ ~4--cV~.~ ,-~t~ ,withamallingaddressof (vOl ~.w~,. -~-r~ tau-t, Oe.[ r,-,] t~cL, , as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, cla'un and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party oftbe second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this fight-of-my shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-descn~eed property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of aH persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-deseribed right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written~ WITNESSES: (I~ame printed or typed) (Na~ne printed ~r.4~ed) STATE OF o, ~4 , The foregoing instrument .was acknowledged before me this d. ~ day of (r~ne of~'~ or agent, title of officer or agem), of $3~_,j ~, s' Lo.,~ 13 u; ~ J i ^b (name of ¢orpbration acknowledging), a (state or place of incorporation) corporation, on behalf o£ the corporation. He/She is personally known to me or has produced (type ofidemification) as 1 entification. ~J{~e 6 f l~e~'~h' Ta~i~g Acknowledgmem 2 Exhibit "A" The west five (5) feet of Lots 34, 35 and 36, Block 29, resubdivision of Blocks 29 and 37, Delray, Florida, according to the plat thereof on file in the office of the Clerk of the Court in and for Palm Beach County, Florida recorded in Plat Book 9, Page 66. k, k 2 ) x I ~-,~.o 7~-& z:~ '/J~'///c ,z--~_~-~d NOTES:i) NO BEARING BASIS PER PLAT ~EGAL DESCRIPTION (AS FURNISHED BY CLIENT): LEGEND 125102 0004 I HEREBy CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESDONSt~.E CHARGE AND THAT IT IS A TRUE AND ACCURATE REpReSENTATION OF 1~flE PRO~ERT~ SURVEYED AND Professional Land Surveying Services, Inc. CHARLES E. BLAKE AND ROBIN HOC;GINS-BLAKE. HIS WI ALLIANCE TITLE AGENCY, INC. STEWART TITLEGUARANTY COMPANY FIRST fEDERAL SAVINGS AND LOAN ASSOCIATION OF THE PALM BEACHES, ITS SUCCESSORS AND/OR ASSIGNS. ,~.~.S~,.~_.~(F'.~:~ ] DELRAY BEACH ~/~c~.../,zz~.~,~] R.A.M. FLORIDA 33444 TO: THRU: FROM: SUBJECT: ROBERT G. TEFF'I~, PE~NNER MEETING OF AUGUST 19, 2003 **CONSENT AGENDA** ACCEPTANCE OF EASEMENT DEEDS ASSOCIATED WITH DELRAY PARK OF COMMERCE~ TRACT "B" (BEST SECURITIES FLEX BUILDING). The action requested of the City Commission is acceptance of three easement deeds associated with Delray Park of Commerce, Tract "B" (Best Securities Flex Building), which is located at the northeast corner of Lake Ida Road and Congress Avenue. At its meeting of March 17, 2003, the Planning and Zoning Board approved a Master Development Plan modification request to change the land use designation of a 0.8 acre section at the northwest corner of Tract "B" from Light Industrial to Office Center. The modification was to accommodate 2,615 square feet of office floor area within a 31,810 square foot light industrial/office building. The applicant subsequently submitted for site plan approval and the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan on May 14, 2003, subject to conditions. The associated landscape plan and architectural elevations were tabled. At its meeting of June 11, 2003, the SPRAB approved a revised landscape plan and architectural elevations, subject to conditions. Among the aforementioned conditions was a requirement that water and sewer easement deeds with a sketch and description be executed prior to the issuance of a building permit. The applicant has submitted three easement deeds for acceptance by the City Commission. The deeds have been reviewed for legal sufficiency and form by the City Attorney and have been determined to be acceptable. By motion, accept the three easement deeds associated with Delray Park of Commerce, Tract "B" (Best Securities Flex Building). Attachments: [] Leeatlee Map [] Reduced Site Plan [3 Easement Deeds LAKE PLAZA ST, ALZHDMER'S CARE CENTER SOUTH CENTRAL REGIONAL WASTE WATER TREATMENT FACILITY PARK LAKE IDA ROAD CHURCH OF CHRIST DELRAY PARK OF COMMERCE TRACT - B MASTER PLAN MODIFICATION N.W. 17TH AVENUE L I I IL Brian Shu~, Esq. Ci~ A~oz'o~s 200 N.W. l~lray EASEMENT DEED ~,' Tills 1NDENI*URE, made this IQ day of .T,.~,~ .~,~,,o t of the first pa~t, and the CITY OF D~'~r~ * v ~,~. ..... ~ : ~b'o*c,~ .i~, paxty Avenue, DelrayBea,. Florx 33,~ala ..... ailiu8 addressofl00N. R. · h, da --- -.,. mumc~pm corporation in P Florida, party of the second part: aim Beach County, State of 'WrrNESSETH: That Ibe pm'fy of the first part, for and in consideration o£th~ mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part,, its successors and assigns, a right of way and perpetual casement for the purpose of the construction and maintenance of public utilities with full and ~ right, liberty, and authority to enter upon and to install, operate, and maintain such ut/litio:~ well under, acaco~s, through and upon, over, under or within the following described propex~, located in Palm Beach County, Florida, to-wit: Sc~ Exhibit "A" Concomitant and coextensive with this right is li~ timber right in tl~ party oftbe second party, its successors und assigns, of ingress and egress over and on that portion of land described above, to effect the purposes o£the easemer~ as expressed hereln~fler. ofreco~That ~h/~ ~seme~t shall be subject only to those casements, restrictions, and reserv~ons That the party of the first part agrees ~o pm'v/de for the release or sl~bordln,~oll of any and all mortgages or liens encumbering th/s easement. The party of the first par~ also agt~s to erect no build/rig or effect any other k/nd of construction or/mprovements upon the above- described property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such con.~x~on performed thereon, w/il be without expense to the property owner, restored to its or/gin~! or l/kc cond/t/on 07/18/03 WED 09:20 FAX 50! 278 4755 DEL BCH Party of thc; first pan does hc~-~oy fully wammt the title to said land and will defend the same against the lawful ' clmms of all persons whomsoever claimed by, through or under it, that it ha_~ good right and lawful authority to grant the above-described easement and that the same is unencumbered cxc~t as providcd above. Where thc context of tl~$ Easement Deed allows or permits, the same stlall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to ' day and year first above written, this Easement Deed set their hands and seals thc wn~'ES$ #1: (n ra l fintud or PARTY OF THE FIRST PART (n ne printud or typud) STATE OF Ft.~z,,~ COUNTY OF ~_~__~,~ g~t The foresoi~ insm:ment was acknowledged before me ~h/s Iq day of '200-~bY-'T'*~'c'l ~: ~'~",~a~'~l (mme ofofl~cer or agent), of ~A~e P~!c~,e-s d~c (mc of coloron), a ~pA (St~ or pl~ of not t~e ~ oa~. ~ ~ ~d 2 07/16/05 WED 09:21 FAX 581 278 4755 DEL BCB R. Brizn Shue, Esq. City Attorn~s OFace 200 N.W. l~t Avenue l~lr~y Beach, Florida !;3444 SUBORDINATION O~ ENCUMBRANCE TO PROPEI~2FY P, IGHf$ TO CrrY OF DI~.L~Ay BEACH, FLORID. t KNOW ALL MEN BY THESE PRESENTS: That whem~ it is proposed by the City of Delray Beach to locate, construct, maintain, and/or improve sidewalks'and/or utilities in the City of Delray Beach, Flor/da,/n accordance with the plan~ on file in the office of the City Engineer; WHEREAS, a portion of the lands involved ~d necessary for said project is subject to a mortgage held by the undersigned; and · WHERF_AS, on beho!f of the Cily of Delray Beach, a request has been made for the undersigned to subordln~te said encumbrance to thc properly fights of the City of Delray Beach in alld to the portion of the promises hcreinz/:ter described. NOW THEREFORE, W1TNBSSETH: That for and in consideration of the muW, al promises herein contained and other good and valuable consider/on, the uno, id/ned subord/nates said encannbrance to thc property rights of the City of I~]ray Beach, Florida, to locate, comh-uct, ma/ntain and/or improve said project over, through, under and/or across the follow/rig described l~mds, being a portion of the encumbered premises in Palm Beach Count, Flor/da, to wit: See Exhibit "A" Attached hereto /nsofar as said prenfiscs are affected by thc follow/ng described encumbrance now held by the NATURE ENCLq~IBRANCE DATE FROM OR AGAINST IN FAVOR OF RECORDED B OOK-PA~; v, DT/16/0S WED 0S:22 FAX 561 27S 47,55 I)I~L BCH CT~ ATT'/ .PROVIDED, ALWAYS, NEVERTHeLeSS, and it is expressly understood and agreed that this instrument subordinates said el~cu/r~uace insofar as same affects the ri~hts arid privileges of the City of Delray Beach in its use of the land specifically above dc,scribed for installation and maintenance of a public sidewalk and/or installation nothing herein contained shall in and maintenance of pubUc utilities and that any way alter, affect, impair, minimize, or diminish the effect of said encumbrance or thc remedies at law or ia equity for recovering thereunder, or against the parties charged thereby, tho full amount of all sums secured by and/or under thc same It i further unde~tood .md agreed that in the event --'2 .... · 's Ge City of De/ray Beach and cease to ~au a~ove oeseti~a ~es are abandoaed by be used for utility easement and maintenance purposes that in such event th~ subo~inate of said encumbrance shall ten~inate in and to such portion abandoned and no longer used · with reference as aforesaid, and the encumlmmce shall become of the same statu~ to such abandoned portion as if the subordination had never been made. IN WITNESS WHEREOF, the said holder of the inatnunem th~s _L~_. day of -.~c.~ , encumbnmce has duly executed this 200~_. Signed, sealed and delivered in the presence of: (2 witn~ses requ~l by Florida Law) W]TNI~SS ~ (na e or tn, ed) { phlated or typed) (name prl_~/ed orltyped) STATE OF ~co~, ~ COUNTY OF_ P~c~-m 8eno4 The forcgoi~g instrument was acknowledged before me this Iq day of , ::O0_3hy 1 ofofl ti ¢ or officer or agent) of ~v/~4o~ Pg*e~,¢z s ~'t_ (name of corporation acknowledging), a .(~ . ~ ~!!~c or place of incorporation) corporation, on behalf of the corporation. ne IS p~rsonally k~kvn,,to mc or h~ produced ldentificat/on~. (type of SKEICHOFDES ON '12 FOOT EASEMENT: COMMENCE AT THE NORTHWEST CORNER OF TRACT 'B' OF THE PLAT OF DELRAY PARK OF COMMERCE AS RECORDED PLAT BOOK 54, PAGE '~90 OF THE PUBLIC RECORDS OF PALM BEACH, COUNTY, FLORIDA. THENCE SOUTHERLY ALONG THE WESTERLY LINE OF TRACT "B" BEING A CURVE CONCAVE TO THE WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 914.59 FEET THROUGH A CENTRAL ANGLE OF 11"57'13" AN ARC DISTANCE OF 190.81 FEET TO THE POINT OF BEGINNING. THENCE S. 76° 60' 52" E. A DISTANCE OF 67.08 FEET ALONG THE CENTER LINE OF SAID 12 FOOT EASEMENT THENCE N 8~15'35"E A DISTANECE OF 89.67 FEET TO A POINT OF TERMINUS. I~./..~I~.L E:,~Z.~.II46-~ ~ kl. Not valid unless Renner, Burgess,Inc. Autho~tzalion Number LB6504 sea~ed w~ embossed I S.E, 4th Ave., Suite 205 suweyoes seal Delray Beach, FL ~3 I hereby cedify that the S~TCH OF DESCR~TION shown hereon, Phone Fax West Palm West Palm Fax Toll Free Fax Free 561-243-4624 meets thj~ 243-4869. Floridal/~A¢ 735-7639 sta~ 735-764t 1-800-773-5531 1-800-954-4408 ini~um technic~J_~tandards set fodh in Cl3apter 61G17.-5, ,in~ dive[ L. _QG'E~/.e pursuant to Section 472.027, F!orida [ess ~ F -- P.L.S. No. 5089' ~ Brian Shu~, 200 ~.W. ~.~Av~ EASEMENT DEED ~,' THIS INDENi'URE, m~le this }~ day of ~',.,- ,~,,,,o , . . ~ firstpart, andthe~liyoFDELRAYBE~.~ L~.;:~' ... : .. ,'~vLi~; party ---, w~m a mmlmg aaaress of 100 N.W. ls~ Avenue, Delray Bec:h, Florida 33~.~.~, a municipal corporation in Palm Beach County, State of Florida, party of thc ~cond part: WITNESSETH: That the party of thc fi~t part, for and in consideragon of tho mutual promises herein contained and othe~ good and vainabk considerations, does hereby grant, bargain, sell and release unto the party of the second part,, its succesaors and assigns, a right of way and perpetual easement for the purpose of the constxaction and maintenance of public utilit/es with full and free right, liberty, and authority to enter upon and to install, operate, ant{ mahatafia such u~lit/e:~ we]/under, across, through and upon, ovea-, under or within the follow/rig described property located in Palm Beach CoUnty, Florida, to-wit: Sm Exhibit "~"~ Concomitant arid coextensive with ~s ~t is ~ ~ ~ ~ ~ ~ of ~e ~ p~, i~ s~ ~td ~si~, of ~ ~ e~ss ov~ ~ on ~t ~ of~d ~ above, to eff~ ~e p~s of~ e~ ~ expm~ ~. ~s ~ s~ ~ subj~ oMy m ~osc c~, ~cfio~ ~d ~ of~ ~ &e p~ of &e ~ pm a~ to ~de f~ ~c mle~e or s~ou of my ~d ~ menages or li~ ~c~g ~ ~t. The p~iy of ~e ~t ~ ~ ~ ~ ~ct no buil~ or effe~ ~y o~ ~nd of c~cfion or ~pmvm~u ~on ~e a~ve- d~cfib~ pmp~,. It is understood that upon complelion of such construction, all lands disturbed lim, eby as a result of such constr~ion performed fhereon, will be restored to ifs original or like condflion without expense to the property owner. 07/18/03 ~ED 09:20 FA/ 551 278 4755 DEL BC~ CT~ ATTY [~005 Party of~he f~t part doe~ hercby fully warrant the title to sa~d land and will defend thc same agah~st thc lawful claims of all persons whomsoever cl~h~ed by, through or trader ~ that it ~ good right and lawful authority to grant the above-described easement and ~hat the same is unencumber~ except a~ provided above. Where thc context of t~Js Easement Deed allows or pennit~, the ~e shah include ~ successors or assig~ of thc parties. ]~ wrl~fiS WH~I~OF, the parties to this Easement Deed ~e~ their hands and seals the day and year ~t above written. PARTY OF THE FIRST PART . , STATE OF cormrv .:r~c.Ti~ fo~,oing _inatrumcnt was acknowledgcd before me tl~ Iq da of ~'{ ,200.~by -l-ev_~ o~. *~v~,~v'~l (name ofofficer or Y, WAP,°C P~.~,e% I~c ~ .... e ....... agent) of i .. . ,. v--,,~ ,,.t curporauon), a ~,.~z.~pp,- "State or ' " ~ncorpor. auon) corporation, on behalf of the corporation Iq~'/~-'~ ;o,~-~.,,} ,__--:---. piaco or nas proauccd ..... · ..x=.~...-~ .oQ.,.~_~, _,~u_ y rmow~ to mc or ,,ot ak.. oatk o: ad/did State o~ ~ (SBAL) ~ 2 07/.16/03 , WED 09:21 FAX 661 278 4755 DEL BCII cry Az'v/ &~uu,,, IL Brian .~hu~t, 200 N.W. 1st Avenue Dekay Beach, Florida :;3444 SUBORDINATION OF ENCUMBRANCE TO PROP~i~TV .RIGHTS TO CfYY OF DELRAY BEACH. FLORIDA. KNOW ALL MEN BY THESE PRESENTS: That whereas it is proposed by the CRv of Delray Beach to loc~ae, construct, maintain, end/or improve sidewalks'and/or utilities in the ~ity of Delray Beach, Florida, in accordance with the plans on file in thc office of the City Engineer; WHEREAS, a portion of the lands involved and necessmy for said project is subject to a mortgage held by the undersigned; and ' WHERF_AS, on behalf of the City of Delray Beach, a r~luest has been made for thc undersigned to subordinate said encumbrance to thc proper/y fights of the City of Delray Beach in and to the portion of the premises hc~nnPtol' der, crib~. NOW TH~rtEFORE. WfINESSETH: That for and in consideration of thc mutual promises herein cof~fined and other good and valuable consideration, the undersigned subord/nates said encaunbrauce to the propen'y rights of the City of Delray Beach, Florida, to locate, conskruct, ma/ntain and/or improve said l~Ojcct over, through, under and/or across the following described Lmds, being a pordon of the encumbered premises in Palm Beach Count, Florida, to wit: See Exhibit "A' At~ached hereto insofar as sa/d premises are affected by the following described encumbrance now held by the NATURE ENCUMBRANCE DATE FROM ORAGAINST INFAVOR OF RECORDED BOOK-PAG I,; 07/16/03, R~ED 09:22 FAX 561 278 4755 DEL BCH .PROVIDED, ALWAYS, NEVERTH~SS, ~ it is instrument subord/uates said eucumh.~n~/usofar as exp~esmly uudem-stood and agreed that th/s - same affects the fiihts and pr/v/leges of the City of Delray Beach in its use of the land spoc/~cally above dcacribed for/retaliation and ma/n/ensnce ora public sidewalk and/or/ustallafi-- -: · - n ' * ,,. anu maintenance of public ut/l/ties and that othing hereto co~ained shall/n any way aker, affect, impair, minir~{~e, or dim/n/sh the affect of sa/d encumbrance or thc remedies at law or/ti equ/ty for recovering theteun~, or ag~dust the p~xties charged thereby, the fid] amount of all sums secured by and/or under Lhe same. It is furth .er understood .and agrced that iu the eveut said above described premises are abandened by .the C,ty of DHray Be~ch and cease to be used for ut/lily easement and maintc~.~ purposes that In such event tlm subord/note of said encumbrance studt terufinatc/n and to such portion abandoned and no l~mger used as aforesakl, and thc cacumbmnco sh~!l become of thc same status w/th reference to such abandoned port/on as if the subordination had never b~en made. IN WITNES.~: WI-I~REOF, the sa/d holder of the instnunentthis [c{ da of ~,~[ eucumbrance has duly executud th/s .... Y - ,20 . S/gned, sealed and del/vured in the prostate of.' (2 witnesses requ/m! by Florida Law) S #1: (name p nuxl or typ,xl) - printed or STATE OF ~2. '~,,. COUNTY OF Thc foregoing /nstrument was acknowledged before mo th/s iq of officer or agenO of.~v~ P~e~/,;'~'s ~ ,ga (name t~f corporation acknowledg/ng), a ._s~te or place of incorporation) *a ent/ficationy'ar/detrt/fltmlr~. - (~pe of of Notary Public 2 ..... ' OFDES ON 12 FOOT EASEMENT: COMMENCE AT THE SOUTHINEST CORNER OF TRACT 'B" OF THE Pt, AT OF DELRAY PARK OF COMMERCE AS RECORDED IN PLAT BOOK 54, PAGE 190 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. THENCE N, 18° 25' 13" E. A DISTANCE OF 53.83 FEET TO THE POINT OF' BEGINNING. THENCE S. 71° 34' 47" E. ALONG THE CENTERLINE OF A t2 FOOT EASEMENT A DISTANCE OF 39.67 FEET POINT "A"; THENCE CONTINUE S 71°34' 47" E A DISTANCE OF 151.26 FEET THENCE N 63°25'13"E A DISTANCE OF 19,36 FEET THENCE N 18°25'13" E A DISTANCE OF 98.10 FEET THENCE N 71°34'47"W A DISTANCE OF 19.08 FEET TO A POINT OF TERMINUS. THENCE FROM POINT "A" CONTINUE N 18=25'13'. E. A DISTANCE OF 33.17 FEET TO A POINT TERMINUS. I Renner, Burgess, Inc. 1 8.15. 4th Ave., Suite 205 Delray Beach, FL 33483 Phone 561-243-4624 Fax 243-4869 West Palm 735-7639 West Palm Fax 735-7641 Toll Free 1-800-773-5531 Fax Free 1-800-954.4408 Aollaorlzat[on Number Le8504 meets Florid; Statuh Not valid unless sealed with embossed surveyor's seal certify that the SKET~ZH OF DESCRIPTION shown hereon n technical standards set forth in Chapter 61G17-6, ~ pursuant to Section 472.027, Florida t P.L.S. No. 5089' 07/16/03 WED 09:19 FAX 561 276 4755 DEL BCH CTY ATTY {~002 1L Brian Shun, City Attorney's Office 200 N.W. 1st Avenue De]ray Bcack Florida 33444 EASEMENT DEED THIS IN'DEI~I'URE, made th/s [~ day of .3',/, o ~,~^o . _ . · .. ' ' -1 , ~vv~ oy ~ ~ , m~g ~ss of 100 N.~. ls~ Av~ue, Dclmy Bea,:~ Flodda 33~, a m~cipd co~ra~on E PEru B~h Co~, S~le of Flofi~, p~ of~c s~d ~: WITNESSETH: That the party of thc first pan, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby ~rant, barga/n, sell and release unto the parly of the second part: its successors and assigns, a right of way and perpetual casement for the purpose of the construction and mahtcnance of publ/c utilities with full and flee right, liberty, and authority to enter upon and to install, operate, and maintain such utilitie:.- well under, across, through and upon, over, under or within the following described property looated in Palm Beach County, Florida, to-wit: See Exhibit '~" ~t, Concomitant and coextensive with this right is the further right in the party of the second party, its successors mid assigns, of ingress and egress over and on that portion of land described above, to effect file pu~0oses of the easement, as expressed hereinafter. Thai ~his uasemant shall be subject only to those casements, restrictions, and reservations of record. That the party of the first part agrees to provide for thc release or subordinaliou of any and all mortgages or liens encumbering this easement. Tho party of the first part also agrees to erect no build/nE or effect any other k/nd of construction or improvements upon thc above- described property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such constrr:ction performed thereon, will be r~stored to its original or like condition without expense to the property owner. 09:20 FAX 581 278 4755 DEL BCIi CTY ATI~ [~003 Party of the first part does hereby fully warrant the tige to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or trader it, that it has good right and lawful authority to grant the above4escribed easement and that the same is unencumbered cxc,~t as provided above. W~eg the context of this Easement Deed allows or permits, the same s:~lall include the successors or assigns of thc parties. WITNE, S WHEREOF, the pames to this Easement Dend set their hands and seals the day and year first above written. WITNESS #1: (name printed or typed) PARTY OF THE FIRST PART (name pnnted or typ~xi) STATE OF, COUNTY OF p~,~ The foregoing ins~'tanent was acknowledged before me this Iq day of ..3¥_~ ,200_3by T~-g~ O~: x~Oo.~6.oI (name of officer or agent , of .t'4Ae'°o P~dciz'r,e-s ~lac (name of corporation), a _fi..o~-t~A (State or plae~ of incorporation) corporation, on behalf of the corporation. ~}~She is/f~-onally kno--6':'~ to me or 2 07/16/05 RED 09:21 FAX 561 .'278 4755 DEL BCH CTY ATTY Prepared by: RETURn': l~ Brian Shutt, Es. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida SUBORDINATION OF ENCUMBRANCE TO PROPERTY ]~IGHTS TO CITY OF DELRAY BEACH, FLORIDA KNOW ALL MEN BY THESE PRESENTS: That whereas it is proposed by the City of Delray Beach to locpte, comtruct, maintain, md/or improve sidewalks'md/or utilities in the City of Delray Beach, Florida, in accordance with the plans on file in the office of the City Engineer; Wt-Ik;REAS, a potion of the lands involved snd necessary for said project is subject to a mortgage held by the undersigned; and ' WHEREAS, on behalf of the CiO/of Dekay Beach, a request has been made for the undersigned to subordinate said encumbrance to the property rights of the City of Delray Beach in and to thc portion of the premises herinafter described, NOW ~FORE, WITNESSETH: That for and in oonsicl~ation of the mutual promises herein contained and other good and valuable comideration, the undersigned subordinates said encumbrance to the property rights of the City o£ D~lray Beach, Florida, to locate, construct, maintain and/or improve said project over, through, under and/or across the following described l.mds, being a poffion of the encumbered premises in Palm Beach Coumy, Florida, to wit: See Exhibit "~" Attached hereto insofar as said premises are affected by the following described encumbrance now held by the NATURE RECORDED BNCLrlVlBRANCE DATE FROM OR AGAINST IN FAVOR OF BOOK-PA(;! 97/16/03 I'~ED 09:22 FAX 551 279 4755 DEL BCH CTY .PROVIDED, ALWAYS, NEVERTHELESS, and it is expressly understood and agreed that this instrument subordinates said encumbrance insofar as same affects the rights and privileges of the City of Delray Beach in its use of the land specifically above described for installation and maintenance ora public sidewalk and/or installation and maintenance of public utilities and that nothing herein comained ' - . shall tn any way alter, affect, impair, minimize, or diminish the effect of said encumbrance or thc remedies at law or in equity for recovering thereunder, or against the pertics charged thereby, the full amount of ail sums secured by and/or under thc same. It is further underslood ,md agreed that in the event said above described premises are abandoned by the City of Deb'ay Beach and cease to be used for utility easement and maintenance purposes that in such event the subordinate of said encumbrance shall terminate in and to such portion abandoned and no l~mger used as aforesaid, and the encumbrance shall become of the same status with reference to such abandoned portion as if the subordination had never been made. IN WITNESS; WHEREOF, the said holder of the encumbrance has duly cxecuted this instrurnentthis ~fi dayof .~:ruc_~ _ , 2003. Signed, sealed and delivc~d in the presence off (2 witnesses required by Florida Law) (name pti&ed or typ~xl) T~a,c,t/o~. s,,.~z~e~,,~ ~ (name pri~ed or typed) or ty 'd) STATE OF ~1.o~2, ~,~ COUNTY OF The foregoing instrument was acknowledged before me tiffs ~lq day of ,200_3by -r-~/ r~ ~'~:~'7"&g~'~dl(nameofofficeroragent, titleof officer or agen0 of .~6]/~qoO P~ e~t~e'x ~ ~-- (name of corporation acknowledging), a .Istatc or place of incorporation · ~ ) corporation, on behalf of the corporation. .(~he m _p~.a~l. y .k~_~o~. to mc or has produced identificationS. (type of '~/~n~o~-~otary Public 2 20 FOOT UTILITY EASEMENT: COMMENCE AT THE SOUTHEAST CORNER OF TRACT "B" OF THE PLAT OF DELRAY PARK OF COMMERCE AS RECORDED IN PLAT BOOK 54, PAGE '190 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. THENCE N. 18° 25' '13" E ALONG THE EAST LINE OF SAID TRACT "B" A DISTANCE OF '174.00 FEET TO THE POINT OF BEGINNING. THENCE N. 7'1° 34' 47" W. A DISTANCE OF 79.58 FEET ALONG THE CENTER LINE OF SAID 20 FOOT EASEMENT TO A POINT OF TERMINUS. THIS IS NOT A SURVEY Renner, Burgess, Inc. 1 S.E. 4th Ave., Suite 205 Delray Beach, FL 33483 Phone Fax West Palm West Palm Fax Toll Free Fax Free F INFT Not valid unless sealed with embossed Authorlzalion Number LB6504 surveyor's seal I hereby certify that the SKETCH OF DESCRIPTION shown hereon 561-243-4624 meets the minimum technical standards set forth in Chapter 61G17-6, 243-4869 Floridal~dmin~trative Code pursuant to Section 472.027, F!orida 735-7639 Statute~t k ,~ ~ 735-7641 ,[ ~ . I \ ~/ t / 1-800-773-5531 ~l~ \ \ ~l'/~q TO: FROM: SUBJECT: PAUL DORLING, DIRECT~)~ OF PLANNING AND ZONING V MEETING OF AUGUST 19, 2003 ***CONSENT AGENDA*** APPROVAL OF MODIFICATIONS TO D.E.P. CONTRACT NO. 99PB2, FOR FUNDING RELATED TO THE YEAR 2002 BEACH RENOURISHMENT PROJECT The action requested of City Commission is that of approving amendment No. 3 to D.E.P. Contract No. 99PB2 between the City and the Florida Department of Environmental Protection (D.E.P.) for the state's cost sharing of the Beach Renourishment Project. The original D.E.P. Contract 99PB2 was approved by the City Commission on January 18, 2000, and represents a project agreement between the State and the City of Delray Beach for state cost sharing not to exceed $1,373,274. The contract was subsequently amended in March 2001 to accommodate an increased reimbursement rate for certain tasks, and again in August 2002 to reflect a reduction of $120,000 in the amount allocated for the construction phase of the project. The current contract period runs to August 1, 2003 and covers the state's share of sand placement and related tasks through the year 2003. The proposed modifications will extend the contract period by two years, reallocate dollars from the construction task to the design task to reflect prior expenditures, and reallocate dollars from the construction task to the monitoring task to accommodate future expenditures. The remaining contract funds provide adequate funding to accommodate all planned tasks associated with the project. The modifications have been reviewed and approved as to legal sufficiency and form by the City Attorney. By motion, approve amendment No. 3 to D.E.P. Contract # 99PB2 between the City of Delray Beach and the Florida Department of Environmental Protection (D.E.P.), for the state's cost sharing of the 2002 Beach Renourishment Project. Attachments · Amendment III · Amendment II · Amendment [ · Contract # 99PB2 S:~long range~beach\contract mod 299PB2 AMENDMENT No: 3 DEP AGREEMENT No: 99PB2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND WETLAND RESOURCES BEACH EROSION CONTROL PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR DELRAY BEACH NOURISHMENT PROJECT THIS AGREEMENT as entered into on the 21st day of January, 2000, and amended on the 23rd day of March, 2001, and on the 14th day of August, 2002, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 and the CITY OF DELRAY BEACH, whose address is 100 Northwest 1st Avenue, Detray, Florida, 33444, a local government, (hereinafter referred to as the "LOCAL SPONSOR") is hereby amended as follows: · Paragraphs 1 - 40 are hereby deleted in their entirety and replaced with the following: The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the Delray Beach Nourishment Project, (hereafter referred to as the PROJECT), as defined in Attachment A-2 (Project Work Plan), attached hereto and incorporated herein by reference, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and also the terms "Grantee", "Recipient" and "Local Sponsor" are used intemhangeably. This Agreement shall begin on the 21st day of January, 2000, and end on the 15th day of December, 2005. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor beginning on or after July 1, 1998, shall be eligible for cost sharing by the DEPARTMENT. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to the release of funds appropriated to the DEPARTMENT. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and future requisite authorizations and environmental permits. The PROJECT consists of the nourishment of approximately 2.7 miles of Atlantic shoreline between DNR reference monuments R-175 and R-189, in Palm Beach County. The life of the PROJECT is defined as ten (10) years commencing upon the completion date of the construction task under this PROJECT. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. DEP Agreement No. 99PB2, Amendment No. 3, Page 1 of 8 The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT item, as specified in Table 1 below. It is understood and agreed that the detailed Scope of Work shall include a narrative description of each task, a corresponding detailed budget and a project schedule. Written authorization to initiate each eligible project item must be obtained from the DEPARTMENT prior to the initiation of said item. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: Table 1 Task Eligible PROJECT Items ESTIMATED PROJECT COSTS # Federal State Local Total 1.0 Design and Permitting $ $ $ $ 1.1 Design $237,342 $92,000 $92,000 $421,342 1.2 C-7115 $0: $73,985 $18,182 $92,167 Subtotal $237r342 $165~985 $110~182 $513,509 2.0 Construction $2,363,352 $924,808 $924,808 $4,212,968 3.0 Monitoring $419,169 $162,481 $162,481 $744,131 TOTAL PROJECT COSTS $3,018,863 $1~253,274 $1,197,471 $5,470,608 10. 11. The DEPARTMENT has determined that 100 pement of the PROJECT length is eligible for state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $1,253,274 for this PROJECT or up to 50 percent of the non-federal PROJECT cost, if applicable, for the specific eligible PROJECT items 1.1, 2.0, and 3.0, and 80.3 percent for item 1.2, whichever is less. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and am not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT items which exceed the estimated PROJECT costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through formal amendment to this Agreement. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment B-2 (Funding Eligibility), attached hereto and incorporated herein by reference, for beach use throughout the life of the PROJECT as established under this Agreement. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking for use by the general public on an equal basis, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site where maintenance is discontinued. Additionally, the LOCAL SPONSOR agrees to maintain public beach access signs that are clearly visible from the highway for the life of the PROJECT. Paragraph intentionally left blank. As consideration for the eligible work performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. For satisfactory performance, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment C-2 (Comptroller's Contract Payment Requirements), attached hereto and made a part hereof, and state guidelines for eligible costs found in the State Comptroller's Voucher Processing Handbook at (<http://www.dbf. state.fl.us/aadir/mainindex.html>}. The LOCAL SPONSOR will submit DEP Agreement No. 99PB2, Amendment No. 3, Page 2 of 8 12. 13. 14. 15. a request for reimbursement of funds on the forms provided as Attachment D-2 (Request For Payment, PARTS I - IV), attached hereto and made a part hereof, on a quarterly basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31; the request shall be submitted no later than thirty (30) days following the completion date of the quarterly reporting period, of each year in which the project is underway. These forms shall be certified as accurate by the LOCAL SPONSOR'S Project Administrator and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for payment until such time as all requisite authorizations and environmental permits, including those required pursuant to Chapters 16l, 253, 258 and 373, Florida Statutes, have been obtained. The DEPARTMENT's Project Manager shall have thirty (30) days after receipt of each billing to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the billing for payment. It is understood and agreed that any request for reimbursement that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will not resume until such information is received as requested by the DEPARTMENT. Upon approval of the payment request the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent which shall be retained on account. The cumulative amount retained for each eligible PROJECT item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement and the applicable Scope of Work for said item. The Department will periodically request proofofa transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thiay (30) calendar days of such request. If applicable, the Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's Project Manager quarterly project progress reports as updates to a project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period. Schedules shall be submitted electronically in an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included: tasks to be completed, start and finish dates, task duration, actual start and finish dates with actual task duration. Upon completion of the PROJECT the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment E-2 (Project Completion Certification). The DEPARTMENT reserves the right to release retainage withheld, at the request of the LOCAL SPONSOR, or at the DEPARTMENT's convenience, for a completed eligible PROJECT item task during the term of this Agreement. A completed Project Completion Certification must accompany the payment request that identifies the eligible project items completed for which release of retained funds is requested by the LOCAL SPONSOR. Pursuant to Chapter 161.101(17), Florida Statutes, the LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, Florida Statutes, which is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth, DEP Agreement No. 99PB2, Amendment No. 3, Page 3 of 8 16. 17. 18. 19. 20. 21. 22. The applicable provisions of Chapter 161, Florida Statutes, entitled Beach and Shore Preservation, and any rules promulgated therefrom, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. The LOCAL SPONSOR's Project Manager for all matters is Phil Dorling, Phone: 561/243-7321. The DEPARTMENT's Project Manager for all technical matters is Jacqueline Thompson, Phone: 850/487- 1262, ext. 195 and the DEPARTMENT's Grant Program Administrator for all administrative matters is C. Tony Tucker, Phone: 850/487-1262, extension 192, or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained heroin shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR DEPARTMENT Paul Doffing City of Delray 100 Northwest 1st Avenue Delray, Florida 33444 561/243-7321 C. Tony Tucker, Grant Program Administrator Department of Environmental Protection Bureau of Beaches and Wetland Resoumes 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 (850) 487-1262, extension 192 This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt fi'om Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. DEP Agreement No. 99PB2, Amendment No. 3, Page 4 of 8 23. 24. 25. 26. 27. 28. 29. 30. 31. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment F-2 (Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit 1 summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment F-2. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment which authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the DEPARTMENT's Grant Manager to request a copy of the updated information. The LOCAL SPONSOR is hereby noticed that the Florida Single Audit Act and Special Audit Requirements may further apply to subcontracts and lower tier transactions that may result pursuant to this Agreement. The LOCAL SPONSOR may confer with its chief financial officer, audit director or contact the state officials identified under Part II of Attachment F-2 for assistance with questions pertaining to the applicability of these requirements. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. No delay or failure to exemise any right, power or remedy accruing to either party upon broach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Worker's Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Worker's Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. DEP Agreement No. 99PB2, Amendment No. 3, Page 5 of 8 32. 33. 34. 35. 36. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/4874)915. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses, and liabilities incurred under the subcontract. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the solicitation from which an intended subcontractor was selected. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents, including the solicitation and responses thereto, the bid tabulations and the resulting contract(s) including a detailed scope of wgrk. The LOCAL SPONSOR warrants and represents that it is self-fimded for liability insurance, appropriate and allowable under Florida Law, and that such self-insuranee offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting with'm the scope of their employment with the LOCAL SPONSOR. The pumhase of non-expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the LOCAL SPONSOR's cost or time shall require an appropriate adjustment and modification (formal amendment) to this Agreement. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. DEP Agreement No. 99PB2, Amendment No. 3, Page 6 of 8 37. Ifa force majeure occurs which causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this PROJECT Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally and shall, within seven (7) calendar days, notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, time for performance under this PROJECT Agreement may be extended, at the discretion of the DEPARTMENT, for a period of time equal to the delay resulting from the force majeure. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this PROJECT Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 38. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivem of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. · Attachment(s) A, B, C-l, D-l, E and F-1 are hereby deleted in their entirety. · Attachment(s) A-2 through F-2 as attached hereto are hereby added to the Agreement. In all other respects, the Agreement, of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. CITY OF DELRAY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Title: *Mayor or designee Secretary or designee Date: FEID No. 59-6000308 ~r~ ~r ~ ~ andlegahty: DEP Attm DEP Agreement No. 99PB2, Amendment No. 3, Page 7 of 8 *If someone other than the Mayor signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits includod as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A-2 Attachment B-2 Attachment C-2 Attachment D-2 Attachment E-2 Attachment F-2 Project Work Plan (1 page) Funding Eligibility (1 page) Comptroller's Contract Payment Requirements (1 page) Request For Payment (4 pages) Project Completion Certification (1 page) Special Audit Requirements (5 pages) DEP Agreement No. 99PB2, Amendment No. 3, Page 8 of 8 ATTACHMENT A-2 PROJECT WORK PLAN Delray Beach Nourishment Project The PROJECT consists of the nourishment of approximately 2.7 miles of Atlantic coast beach between DNR reference monuments R-175 and R-189 in Palm Beach County. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEP permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work for an eligible PROJECT item. These plans may be found at http:#www.dep.state.fl.us/beaches/. Three (3) originals on all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Task No: Eligible Project Item: 1.0 2.0 3.0 Design and Permitting Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications. This item specifically excludes permit application fees or any other fees paid to the State of Florida. Item 1.2 is 80.3% eligible in order to reimburse the city for work completed and retainage not released under DEP Contract No. C-7115 afier inadvertent reversion of funding under that contract. Construction Work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, erosion control structures, dune stabilization measures and native beachqtune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. Monitoring A monitoring program conducted in accordance with the requirements specified in any and all permits issued by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a manner which will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area and with the Department's Regional Coastal Monitoring Program. Attachment A-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 1 of 1 ATTACHMENT B-2 FUNDING ELIGIBILITY Delray Beach Nourishmem Project Project Boundary: R175 to R189 Approximate Shoreline Length: 14,410 FEET Public Access Delray Public Beach Sandoway Park Anchor Park Atlantic Dune Park* Parking Spaces 150 124 84 112 Areas determined to be publicly accessible: 330' South of R175 to 500' South orR188 Total eligible shoreline length: 14,410 FEET Total project shoreline length: 14,410 FEET Percent eligible for State funding: 100 PERCENT Attachment B-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 1 of 1 ATTACHMENT C-2 Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing Manual (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rote, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system Or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. Attachment C-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 1 of 1 ATTACHMENT D-2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART I PAYMENT SUMMARY Name of Project: DELRAY BEACH NOURISHMENT PROJECT Grantee: CITY OF DELRAY Billing Number: Costs Incurred This Payment Request: DEP Contract Number: 99PB2 Billing Period: Billing Type: [] Interim Billing [] Final Billing Federal Share* State Share Local Share Total $ $ $ $ *if applicable Cost Summary: State Funds Obligated $ Local Funds Obligated Less Previous Payment $ Less Previous Credits Less Previous Retained $ Less This Payment $ Less This Credit Less This Retainage (10%) $ Local Funds Remaining State Funds Remaining $ Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Wetland Resources approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date Attachment D-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 1 of 4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART H REIMBURSEMENT DETAIL Name of Project: DELRAY BEACH NOURISHMENT PROJECT Grantee: CITY OF DELRAY DEP Contract Number: 99PB2 Billing Number: Billing Period: Summary of Invoices: Task Date of Invoice Amount of No./ Check Amount Paid Invoice Number Invoice (Eligible Vendor Name Number Vendor Project Item) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL: $ Certification: I certify that the purchases noted above were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation attached hereto and are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date Attachment D-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 2 of 4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART III PROJECT PROGRESS REPORT Name of Project: DELRAY BEACH NOURISHMENT PROJECT Grantee: CITY OF DELRAY DEP Agreement Number: 99PB2 Report Period: Status of Eligible Project Items: (Describe progress accomplished during repor~ period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 1.0 DESIGN AND PERMITTING 2.0 CONSTRUCTION 3.0 MONITORING Attachment D-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 3 of 4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART IV PROJECT FINANCIAL REPORT Name of Project: DELRAY BEACH NOURISHMENT PROJECT Grantee: CITY OF DELRAY DEP Contract Number: 99PB2 Report Period: Project Expenditures Costs Incurred Costs Incurred Total Funds Task Eligible Project Items This Report Period to Date Obligated No. 1.0 Design and Permitting $ $ $513,509 2.0 Construction $ $ $4,212,968 3.0 Monitoring $ $ $744,131 TOTAL $5,470,608 Attachment D-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 4 of 4 ATTACHMENT E-2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: DELRAY BEACH NOURISHMENT PROJECT Grantee: CITY OF DELRAY DEP Agreement Number: 99PB2 *I hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for the project were expended pursuant to the Project Agreement. Name of Project Administrator Signature of Project Administrator Date *Requests for the Department's release of retained funds for which an eligible project item is completed may be considered in advance of overall Project Completion. If this Certification pertains only to the completion of specific eligible project item tasks, the LOCAL SPONSOR shall also provide the following information in addition to the required signature above: Requested Amount of Release: Period of Services: Completed Task Description: Attachment E-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 1 of 1 ATTACHMENT F-2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department'; "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received fi.om the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid fi.om recipient resources obtained fi'om other than Federal entities). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the intemet at http://aspe.os.dhhs.gov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment F-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable roles of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received fi'om the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid fi'om the recipient's resources obtained fi'om other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at http://snn6.dms.state.fl.ns/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at http://www.eoe.state.fl.ns/for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www, leg.state.fl.us/, Governor's Website http://www.flgov.com/, Department of Banking and Finance's Website htt~://www.dbf, state.fl.us/, and the Auditor GeneraPs Website htt~://www.state.fl.us/andeen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each oftbe following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Attachment F-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 2 of 5 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East lOth Street 'Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (0, OMB Circular A-133, as revised. Pursuant to Section .320(0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management leiters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each oftbe following: A. The Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office o f Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Any reports, management lettem, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local government entities) or Chapter 10.600 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Attachment F-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 3 of 5 PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreemem for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection or its designee, the Comptroller, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment F-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 4 of 5 © < MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~.~.~g. AGENDA ITEM # ~-~ - REGULAR MEETING OF AUGUST 19, 2003 CHANGE ORDER NO. 1/FINAL PAYMENT/INTER~OUNTY ENGINEERING. INC. AUGUST 15, 2003 This is before the City Commission to approve Change Order No. 1 in the net deduct mount of $40,485.00 and final payment in the amount of $9,235.16 to Intercounty Engineering, Inc. for the Municipal Golf Course Reclaimed Water Main Project. Funding is aw?hble from 441-5181-536-63.95 (Water & Sewer/NW Reuse System-SCRWW). Recommend approval of Change Order No. 1 and final payment to Intercounty Engineering, Inc. for the Municipal Golf Course Reclaimed Water Main Project. S:\City Clerk\chevelle fokter\agenda memo~\ l~tmfl Payment~ Intercounty.8.19.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: www. mydelraybeach.com David Harden, City Manager Victor Majtenyi, Construction Manager MUNICIPAL GOLF COURSE RECLAIMED WATER MAIN, PN 2003-015 Agenda Request; Change Order # 1/Final, Final Payment August 11, 2003 Attached for Commission approval is an agenda request for closeout Change Order gl/Final to Intercounty Engineering, Inc. on the Municipal Golf Course Reclaimed Water Main project, PN 2003-015. It is for the final plus/minus quantity adjustments to the original contract. Change Order # 1/Final is a net deduct amount of $40,485.00. A request is also made for final payment in the amount of $9,235.16 to Intercounty Engineering, Inc. A Contractor Evaluation form is attached for your review. Residual funds to be liquidated from PO#612206 to account 441-5181-536-63.95 (Water & Sewer/NW Reuse Water System- SCRWW) in the amount of $40,485.00. CC~ Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestero; Dep. Dir. of Construction City Clerk's Office Agenda File 08/07/03 Project File 03-015(A) S:~EngAdmin~ProjectsX2003~2003-015\CONSTRCTxAgMemo CO1 Fin 08,07.03.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGENO. J/Final PROJECTNO. 2003-015 DATE: PROJECT TITLE: Municipal Golf Course Reclaimed Water Main TO CONTRACTOR: lntercounty Engineering Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Plus/minus quantity adjustments and changes per attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT DECREASE THIS CHANGE ORDER 14.9% TOTAL PER CENT DECREASE TO DATE 14.9% $ 271,364.00 $ o.oo $ 271,364.00 $ (40,485.00) $ 230,879~00 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. Intercounty Engineering Inc. (Comractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Source: 441-5181-536-63.95 (-$40,485.00) DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: By: ATTEST: By: City Manager City A~orney City Clerk S'\FnpAdmin\Prnieetq\2Ofll~200'l-O1 S\CONgTRCTxCC~I Final 0S 07 0't doe °°i 0 0 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~]/V{ AGENDA ITEM# ~ - REGULAR MEETING OF AUGUST 19. 2003 SERVICE AUTHORIZATION #11.2/ROBERT G, CURRIE PARTNERSHIP AUGUST 15, 2003 This is before the City Commission to approve Sexvice Authorization #11.2 with Robert G. Curtie Partnership in the mount of $6,150.00 for the design of the Intracoastal (F.I.N.D.) Park. Funding is awil~ble from 334-4174-572-63.90 (General Construction Fund/Intracoastal Park). Recommend approval of Service Authorization #11.2 with Robert G. Cume Partnership for the design of the Intracoastal (F.I.N.D.) Park. S:\City Cletk\cheveHe folder\agenda memo~\ServiceAuth.#11.2Cume.& 19.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: David Harden, City Manager tM ~ Vic or ajteny~, Construction Manager www. rnyde lraybeac h, corn INTRACOASTAL PARK, P/N 2001-007 Agenda Item: Service Authorization 11.2 to Robert G. Currie Partnership AUGUST 12, 2003 Attached for City Commission approval is Service Authorization #11.2 (Amendment 2 to Service Authorization 11) to Robert G. Currie Partnership for additional design services required in the development of the site plan for the new Intracoastal Park project, P/N 2001-007. Service Authorization #11.2 is in the net amount of $6,150.00. Service Authorization #11 to Robert G. Currie for design of the master plan for the referenced project was approved December 23, 2002, in the net amount of $6,600.00. This encompassed Task 1 of the authorization which covered all required surveying on the property. City Commission approved on May 6, 2003, Amendment '1' (Service Authorization #11.1), for conceptual design and permitting requirement review, as described under Task 2a, for an amount not to exceed $9,250.00. Proposed Service Authorization #11.2 expands on Task 2a. It includes fees for an environmental consultant to coordinate with other review and permitting agencies for any mitigation requirements associated with the design. Approval of this service authorization would bring design costs to date at $22,000.00. Funding is available from 334-4174-572-63.90, General Construction Fund/Intracoastal Park. A budget transfer is attached. cc: Richard Hasko; Director of ESD Joe Weldon; Director of Parks & Recreation Randal Krejcarek; City Engineer Rafael Ballestero; Dep. Director of Construction, ESD Agenda File, 08/19/03 File 2001-007(A) S:\EngAdmin~Projects~2001 ~2001-007\CONSTRCT~SA # 11.2 Currie 08.11.03.doc FROM : ROBERT G. CURRIE PARTNERSHIP PHONE NO, : 561 243 8184 Aug. 11 2005 04:13PM Pi ROBEP-.T G. CUIiII~.IE P^P..TNEP..SHIP, INC. AWENDED CONSU L.TING E~EI~VICE AUTHOR. IZATION DATE: November 19, 2002 Amend~ A?ril ~, 2005 Amen&ed Auau~ 11. 200~ 5EEVIGE AUTHO~I~TION NO. 11,2 FO~ CONSULTING SERVICES CI~ P. O, NUMBEE: CI~ EXPENSE CODE: ~TLE~ INT~ACOA~T~ (F.I.N.D.~ PARK ~GCP · ~21002 Thl~ E~ervice Authorization, when execu~t, shall be in~orpora~ in and shall become an integral Far& of the Agreement- da~ed March 29. 1!~9~. as amended, between the City of Delray Beach and The I~ober& G. Curtis Par&hat, hiF, Inc. PFsOdECT DESCRIPTION Services generally conslete of preparation cfa ma~cer plan for the above ru~erenced project, to include $lt~ survey, ei~ planning ~rvlcee. City review at the ~i~ Plan I~eview and AFpearance Board, and if r~u~at~d, preparation of bidding and Conet~cclon Documents. The eice is located b~ween the lntracoae~al Watenvay and U.S.#1 consisting of approximately 4.D acre~. Services for ~ie proje~ will be lie~ under 9epara~ ~k authorl~tion~ a9 th~ ~cope of work I~ ~r defined. ~e aMticip~ ~aeke ar~ ae ~l[ow~: TA6KI: (Compl~l) This will con~i~t of preparation of a Pounda~ ~u~Vey for ~he three parcels indicated 01'1 the a~c~ached ek~ch as prepared I~j the City Of Delray Beach dated 09-11-2000. ~uwey shall include the following: Surv~J will Indical~ all platted rights of way, including bearing and distance for cen~r lines, lot numbem, block numbe~, and platted easements. Sudsy will ~how all improvemenl~a, physical objecr~, driveways, existing docks, sea wall~, location of all ~tmu-bure~ and ~tgnlflca~C landscape ma~rial. TopograFhic elovation~ will be indicated every 100 feat or less, Survey will indicate the location of the Ilmlte Of existing mangroves, and mean high water line. TA~K 2a: Thi~ ta~k will provide the neceeear~ re~ource~ for preparation of graphlc~ and other exhibll>a for pn~aen~ation to adjoining reeidenl~. Ci~y staff, and the C~y Commi~ion. a~ directed by the City. We will p~pare drawings, anal~e alternative el~ apFroachee, a~nd me~inge, and ~arch envl~nmen~l implica~ion~ and approval ~equi~men~s of the vadou~ al~rnatlvee. An e~l~nmen~l ~on~ul~nt ~11 b~ ~lned ~ ~o~ln~ wl~ o~her review and perml~In~ a~en~iee ~r a~ migration ~ulrem~n~ ~eeo~la~ ~ FROM : ROBERT G. CURRIE PARTNERSHIP PHONE NO, : 561 243 8184 8u9. ii 2003 04:14PM P1 TASK 2b: This task - when authorized ,.- will consist or- preparation of a master eit¢ plan, floor plans and eleYation_e for the reetroom facility. Atl~endance to meeting~ with City staff and o~her regulatory agencies for review of design, and verification of permitting requirements. III TASK ~ Upon completion of Task 2, the a~chitect and ~quired consultants will prepare the necessary docurnent~ for submlC~al ~o the City of Oelray I~each for 5i~e Plan Approval. The work may include a~chl~ectural ~ervices, civil engineering, traffic reports, and landscape archi~ctural services. A colored elevation will be prepared ae required for Board approval. BUDGET The budget for Task 1 will be a lump sum fee of Six Thousand Three Hundred and Twenty Five Pollar~ and no Cent~ (~,525.00), plu~ reimbursable oxpen~e~. This ~a~k ha~ b~en Services a~soclated wi~h Task 2a will b~ completed in a combination of fixed and hourly ~ate~ ae follows: The fixed port, ion Include~ reFre~entatJon I~ ~he environment, al consultant for a fixed fee of Six Thousand ($6.000.00) Dollars. ~e hourly ~o~lon remain a~ a nO~ ~ceed fee ~ Eight ~oueand Five Hundred (~B.5~.O0) Dollam, and will n~ b~ exceeded without prior writ~n au[horiza¢len ~om the City. The ~om~ln~d overall ~1 will not exceed Fou~en ~oue/nd Five Hu~r~ ($14,500.00} Dollam. Budget, for Tasks 2b and 5 will ~ determined at a lair time, as the ~coFe of work is defined. For ~e~ices requested not identified above, or in the absence of an established lump sum fee, seniors will b~ performed - when authorized - based on the ra~s between the Architect and the City of [~elray Beach (see attached Exhibit ~B~) F, eimbur~able expenses are expected ~o be no more than 1.~75,00 Dollars, which will not be exceeded without prior authsrizatlon. IV COM?LETION IDAT~ Each Task will be completed In an expeditious manner, consist, err with a written Nc~Clce to ?~oce~d from tho City. Thl~ Service Authorization ie approved contingent upon the City's acceFl~ance of and sati~ac~cion with ~he compl~ion ~ ee~Ice~ ~nd~r~ in ~e previous pha~ or a~ en~m~ae~ Py the previous Se~ice Authorization. If the City in the p~vioue phase or ~e~ic~ Au~ori~lon, the City may ~lna~ the Con~ra~ without incurring any fu~her liability. ~e CONSULTANT may n~ commence wo~ on any Semite Authorization approv~ ~ the City FROM : ROBERT G. CURRIE PARTNERSHIP PHONE NO. : 561 243 8184 Aug. 11 2083 04:14PM P2 gl'Pr'OF DEL~AY BEACH P-.OBEP-.T ~, CUR~P-,IE pAI~TNERSHIP, INC. Dat~: J~'F Perlman, Mayor Joe~ N, A~uila. AIA, Principal 6TATEOF~ COUNTY OF PALM BEACH The following ine'r, rument, wae a~knowle, Bge.~ Before me t. hle ~ D~y of , 2005. ~ Jo~g A~uila, o~ The P-.ol;,ert. Currie Pa~n~hlp. In~., ~ p~ional A~oci~ion, He I~ Fe~onalty known And did n~ke an oath, Not.~ ~ Public My Commieeion Exptree: SEAL MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~-'~'~ - REGULAR MEETING OF AUGUST 19. 2003 REJECTION OF BIDS/DELRAY BEACH SWIM AND TENNIS CENTER AUGUST 15, 2003 This is before the City Commission for authorization to reject all I~lds received for the De. kay Beach Swim and Tennis Center Parking Lot Project. Staff anticipates including any necessary parking lot expansion as part of the clubhouse construction at a later date. The City's site plans for the Delray Beach Swim and Tennis Center were re-evaluated. Staff determined that the existing number of parking spaces was adequate for the current uses with the exception of the number of handicap spaces. In order to meet ADA requirements, the existing parking lot only requires five (5) handicap spaces. City staff will perform the modifications m the existing stalls. Therefore, staff is requesting the rejection of these bids. Recommend approval of the request to reject all bids received for the Delray Beach Swim and Tennis Center Parking Lot Project. S\City Oerk\chevelle fokter\aSm~la mem~ \Re~ectionofW~.8.19.03 www.lVlyDelrayBeach.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, City Manager William A. Grieve, P.E. Assistant City Engineer August 12, 2003 Delray Swim & Tennis Center Master Plan (PH1) (Parking Lot) Rejection of Bids Project #2002-012 The attached agenda request is for Commission approval to reject all bids for the above referenced project. After a re-evaluation of the City's plans for the site it was determined that the existing number of parking spaces was adequate for the current uses with the exception of the number of handicap spaces. At this time the existing parking lot only requires the addition of five (5) handicap spaces to meet ADA requirements. This modification to the existing stalls will be accomplished by City forces. Staff recommends rejecting all bids at this time and re-bidding later with the club house construction. Please place this item on the August 19, 2003 Commission Agenda. Thanks! Enc cc: file S :~EngAdmin~Projects~2002~2002-O12~OFFIClAL ~August 12 2003 agenda memo. doc ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: David T. Harden, City Manager fl~Robert A. Barcinski, Assistant City Manager Agenda Item City Commission Meeting August 19, 2003 Request from The Friends of Sandoway House Nature Center, Inc. - Parking Lot Use DATE: August 13, 2003 Action City Commission is requested to consider a request from The Friends of Sandoway House, Nature Center, Inc. to grant a temporary use permit per LDR's Section 2.4.6 (H) for the use of the eastern portion of the Ingraham parking lot from 5:00 p.m. November 20, 2003 through noon on Monday November 24th, and use of the balance of the Ingraham lot and the Sandoway parking lot from 3:00 p.m. until midnight on Saturday November 22nd for their annual fund-raiser. Background Attached is a letter I received from Carolyn Patton requesting the use of the Ingraham parking lot and Sandoway parking lots for their annual fund-raiser scheduled to be held on the site this year on November 22, 2003. A portion of the Ingraham lot is needed on November 20th for the tent set up and the balance of this lot and the Sandoway lot are needed for the event parking. The Nature Center is preparing to hold this event on site again this year to showcase the center, coral reef pool and other exhibits. No staff overtime is needed. Barricades would be dropped offat the site and would be set up and the lots manned by volunteers. This item has been reviewed by the Parking Management Advisory Board and they recommend approval. Recommendation Staff recommends approval of the temporary use permit for the use of the east end of the Ingraham lot from November 20th at 5:00 p.m. through November 24th at noon and the use of the balance of this lot and the Sandoway lot on November 2nd from 3:00 p.m. until midnight for the Sandoway House fund-raiser contingent on the receipt of the liability insurance certificate and a hold harmless agreement. RAB/tas Cc: Carolyn Patton File:u:Sweeney/agenda Doc: Sandoway House Fund-Raiser 2003 The Friends of Sandoway House Nature Center, Inc. A NON-PROFIT ORGANIZATION DEDICATED TO SUPPORTING A NATURE CENTER IN A HISTORIC BEACHFRONT SETTING Board of Directors William S. Weisman Cheryl Dern Ann Heilakka Mary Higgins Jean M. Irwin Anne Marie Krejcarek Alieda N. Riley Claire Rose Mary Lou Schillinger Hon. David W. Schmidt Lisa Tiernan William S. Weisman, Esq. SANDOWAY HOUSE NATURE CENTER 1561 ) 274-SAND A New Community Resource for Palm Beach County 142 South Ocean Blvd. Deiray Beach, Florida 33483 July 1, 2003 Mr. Robert Barcinski Assistant City Manager City of Delray Beach Dear Bob: I am writing to request use of city parking lots for our annual fundraiser, "Dancing in the Dunes" which will be held on November 22, 2003. Specifically, we will need the east section of the Ingraham lot from Thursday Nov. 20 through Monday November 24 for our tent. In addition, we will need access to all the parking spaces in both Ingraham and Sandoway lots from Saturday, November 22 (3 p.m.) until midnight that night. This conforms to what we did last year. Also, I need a waiver from you to serve alcoholic beverages at our fundraiser. Sinc/e~l.~ y, /~x/] Z LW MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # "" '"- - REGULAR MEETING OF AUGUST 19. 2003 GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM AUGUST 15, 2003 Staff is requesting authorization to submit a grant application to the Florida State Depa~hnent of Environmental Protection's Recreation Development Assistance Program for funding in the approximate mount of $50,000.00 for playground equipment for Lake Ida Park. Lake Ida Park currently has only one playground area. The Parks and Recreation Department would like to redevelop the park with a tot lot for ages 2-5 and a playground for ages 5-12. The total project cost will be approximately $75,000.00 and includes site preparation, playground equipment, installation and handicapped accessible surfacing. I recommend that staff be authorized to submit the grant application. S:\City Clerk\chevelle folder\agenda rnem~\FRDAP.8.19.03 [IT¥ OF DELIIR¥ BER[H DELRAY BEACH AII-AmericaCity 1993 100 N.W. 1st AVENUE ~ DELRAY BEACH, FLORIDA 33444 · 561/243-7000 MEMORANDUM TO: FROM: SUBJECT: DATE: David Harden City Manager Joe Weldon Director of Parks and Recreation FRDAP Grant for Lake Ida Park Playground Equipment August 4, 2003 The purpose authorization Program grant of this memorandum is to request City Commission to apply for a Florida Recreation Development Assistance to replace the playground equipment at Lake Ida Park. I've been in contact with Lisa King of Langton Associates who is in the process of putting our grant packet together. The submission period for the grant is August 12 through September 12, 2003. We will be applying for a $50,000 grant which is funded 100% by the State and requires no match by the municipality. I anticipate the playground cost to be no more than $75,000 with the City paying all costs over the $50,000 grant amount. The $75,000 cost covers the playground equipment itself, site preparation, installation and handicapped accessible surfacing. As a comparison, the cost of the newly replaced playground equipment at Barwick Park was $60,859.00. As you know, the grant is on a reimbursable basis which means we have to upfront all costs before we are reimbursed. As part of the grant requirement, we also have to show that the money has been budgeted for fiscal year 2003 2004. Our lease agreement with Palm Beach County requires us to have written consent from the County before making any improvements over $25,000. I have talked to Dennis Eshleman of Palm Beach County Parks and Recreation Department, and he is in agreement with our request. I will be following up with Mr. Eshleman to get written approval. Currently, the park has one (1) playground area. I would like to redevelop the park to have a tot lot for ages 2 -5 and a playground for ages 5 - 12. I will meet with the Lake Ida Homeowners Association to get their input on playground equipment selection. THE EFFORT ALWAYS MATTERS 2 Please place this on the August 19, 2003 agenda for City Commission consideration. ?~ctor of Parks and Recreation Di] Attachment cc: Chevelle Nubin Agenda Coordinator JW:cp Ref:lakeidapg £1T¥ I)F I)EUIR¥ BERrH DELRAY BEACH NI-k~edcaC~ 1993 100 N.W. 1st AVENUE · DELRAY REACH, FLORIDA 33444. 561/243-7000 August 1, 2003 Ms. Lisa King Langton Associates Suite 700 118 West Adams Street Jacksonville, FL 32202 Dear Ms. King: The following is the information you requested to grant for the playground equipment at Lake Ida Park: 1.) Name of park - Lake Ida Park 2.) Address of park on Lake Ida N.W. 12tn Street, Delray Beach, 3.) Cost estimate - $75,000 Drive betwe'en Florida We lease this 2.63 acre park from Palm Beach County. lease commencing June 1, 1993 through May 31, 2018. Please advise if you need additional information. Sincerely, ~ecW~olrd°onf Parks and Recreation JW:cp Ref:lklkidapg apply for a $50,000 N.W. 11th Street and We have a 25 year THE EFFORT ALWAYS MATTERS Department of Environmental Protection Marjory Stoneman Douglas Building Jeb Bush 3900 Commonwealth Boulevard Governor Tallahassee, Florida 32399-3000 June 6, 2003 David B. Struhs Secretary TO: FROM: Interested Parties Ed Bowman, Chief Bureau of Design and Recreation Services Division of Recreation and Parks SUBJECT: Florida Recreation Development Assistance Program ~- - FY 2004-2005 Application Submission Period and Maximum Grant Amount/Program Funding Information The Department of Environmental Protection (DEP) has established an application submission period for the Florida Recreation Development Assistance Program (FRDAP) for Fiscal Year 2004-2005. The following information is provided concerning this application submission period: Submission Period.' August 12, 2003 - September ! z, 2003--- Apphcatmns must be postmarked by September 12, 20037. Matching Ratio: **Total Project State Share Grantee Share Cost (Grant) (Local Match) $50,000 or less 100% 0 50,001-150,000 75% 25% Over 150,000 50% 50% **Total Project Cost -- Grant Amount + Local Match Maximum Grant Amount: $200,000 Total Number of Active Projects Allowed: Three Total Number of Applications Allowed During Each Submission Cycle: Two Eligible applicants include all county govemments, incorporated municipalities of the State of Florida, and other legally constituted local governmental entities of the State with the legal responsibility for the provision of outdoor recreation sites and facilities for the use and benefit of the public. For further information/application packets, write or call: Department of Environmental Protection Division of Recreation and Parks Bureau of Design and Recreation Services 3540 Thomasville Road Tallahassee, Florida 32309-3413 PHONE: (850) 488-7896; SUNCOM: 278-7896 FAX: (850) 488-3665; SUNCOM: 278-3665 Web Page: http://www.dep.state.fl.us/parks/bdrs Email: Linda. Reeves~dep.fl.state.us If you have any questions or comments concerning this program, please call Terri Messier, Community Program Administrator, or your project Community Assistance Consultant (see listing on back) at (850) 488-7896 (Suncom 278-7896). JEB/Id ore rrotectlon, Less Process" , ,:'~ ~ (} ~ [ITY DF I]ELAilY Bffi£H AII-Anlerl,~aC~ 1993 2001 MF IORi d IDUi ! TO: FROM: David T. Harden Cig, Manager ARsObertA. Barcinski sistant City Manager DELRA¥ BEACH FLORIDA 33444 DATE: July 28, 2003 SUBJECT: Agenda Item City Commission Meeting August 5~ 2003 Approval Tri-Party Agreement and Budget - First Night 2004 ACTION City Commission is requested to approve a proposed tri-party agreement between the City, Joint Venture, and Old School Square and a proposed budget for First Night 2004. BA CKGR 0 UND Last year City Commission agreed to assume sponsorship of First Night with assistance from the Joint Venture and Old School Square. Attached for consideration is a Tri-Party Agreement which is similar to the agreement entered into last year. Changes have been made to the term of the agreement for this year's event. The Joint Venture Board of Directors approved this agreement at their meeting on July 24, 2003. The Old School Square Executive Committee approved the agreement at their meeting on July 12th. Attached is a budget for 2004 with a recap of last year's budget, and actual revenues and expenditures un-audited. We did net $3,174.04 on last year's event RECOMMENDATION Staff recommends approval of the proposed tri-party agreement and budget for First Night 2004. RAB/tas Cc: Marjorie Ferrer 561/243-7000 File: u: sweeney/events Doc:First Night 2004 'i First Night Budget Revenues 2003 Budget 2003 Actuals 2004 Budget Button sales $30,000 $34,953 $30,000 Sponsorships $20,000 $12,540 (2) $20,000 Grants $10,000 $15,000 (2) $12,500 Concessions $2,000 $518 $500 $62,000 $63,011 $63,000 Expenditures 2003 Budget 2003 Aetuals 2004 Budget Administration · License $0 $950 (3) $350 · Insurance $400 $0 $0 · Program Coordinator $3,000 $3,000 $4,000 · OSS staff support $700 $0 $0 · Misc. $300 $75 $100 $4,400 $4,025 $4,450 Production 2003 Budget 2003 Actuals 2004 Budget · Buttons $2,300 $1,522 $1,600 · Fireworks $8,000 $5,000 $7,000 · Equipment rental $5,000 $3,664.26 $4,000 · Sound & lighting $8,000 $8,000 $10,000 · Event supplies $10,000 $11,888.95 $10,000 · Brochures $700 $850 $850 $34,000 $30,925.21 $33,450 Talent 2003 Budget 2003 Actuals 2004 Budget · Musician fees $18,000 $21,845 $20,000 · Green room/catering $300 $0 -- · T-shirts $800 $804 $800 $19,100 $22,649 $20,800 Marketing 2003 Budget 2003 Actuals 2004 Budget · Direct mailing $200 $ 85.89 + $100 · Ad development $1,000 $1,025.08 $1,100 · Public relations $300 $0 $0 · Printing $1,300 $1,126.68 $1,200 · Film supplies $300 $0 $100 $3,100 $2,237.65 $2,500 · Contingency $1,400 $0 $1,800 Grand Total $62,000 $59,236.96 $63,000 Balance $0 $3,174.04 $0 (1) (2) (3) Joint Venture $5,000, DDA $1,500, OSS $1,000, others $5,040 City $10,000, County $5,000 2003 License fee, 2003 transfer fee, 2004 transfer fee AGREEMENT THIS AGREEMENT entered into this __ day of ., 2003, by and between the CITY OF DELRAY BEACH, (hereinafter referred to as City), JOINT VENTURE and OLD SCHOOL SQUARE, and provides as follows: WHEREAS, the City desires to host "First Night 2004" on December 31, 2003; and WHEREAS, the City shall oversee the event; and WHEREAS, Joint Venture and Old School Square shall also contribute toward planning of the event; and WHEREAS, the City Commission has determined it to be in the best interests of the residents of the City to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the parties hereby~gree as follows: 1. INCORPORATION OF RECITALS incorporated as if fully set forth herein. 2. Term. January 30, 2004. 3. The above-stated recitals are This Agreement shall begin August 15, 2003 and shall end on Responsibilities and duties of the City include the following: Provide oversight for all aspects of event. Prepare budget. Review all expense requests and contracts. Deposit and keep a record of all revenues. trash removal and EMS assistance. f. Provide barricades, signs, and installation of same. g. Provide clean-up and trash removal. h. Provide up to $7,500.00 contribution. i. Restore site, facilities, property, and equipment to the condition as it existed on the date preceding the event commencement. Provide logistic support and staffing for traffic, security, cleanup and same j. Hire event coordinator through independent contractor agreement. Responsibilities and duties of Joint Venture include the following: a. Provide office space, desk, telephone, and computer. b. Provide planning and coordination assistance. c. Assist in directing and overseeing work of event coordinator. d. Obtain volunteers and make event assignments. Responsibilities and duties of Old School Square include the following: a. Agree to sign over event license to City. b. Provide space as needed free of charge. c. Provide technical and planning assistance. NOTICES. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 2 To Joint Venture: Marjorie Ferrer 64-A S.E. Fifth Avenue Delray Beach, FL 33483 To Old School Square: Joe Gillie Old School Square, Inc. 51 North Swinton Avenue Delray Beach, FL 33444 or to such other addresses as either party may designate in writing. 7. INTERPRETATION. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 8. Governing laws; venue. This agreement shall be governed by the laws of the State of Florida. Venue for any proceeding arising out of this agreement shall be in Palm Beach County, Florida. 9. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 10. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and 3 agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 11. Amendments. 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 hereto. 12. Third Parties. Nothing 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 the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA By: Jeff Perlman, Mayor City Attorney WITNESS (Print or Type Name) JOINT VENTURE By:. Print Name: Title: 4 STATE OF FLORIDA COUNTY OF The foregoing ., 20O3 by agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. instrument was acknowledged before me this __ day of (name of officer or Signature of Notary Public- State of Florida WITNESS (Print or Type Name) OLD SCHOOL SQUARE, INC. By: Print Name: Title: STATE OF FLORIDA (SEAL) COUNTY OF The foregoing ., 2003 by agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. instrument was acknowledged before me this __ day of (name of officer or Signature of Notary Public- State of Florida 5 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ~ITY MANAGER AGENDA ITEM # O[~ - REGULAR MEETING OF AUGUST 19. 2003 CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENTS AUGUST 15, 2003 This is before the Commission to approve five (5) sub-recipient agreements for funding and acceptance of funds in the total amount of $42,612.00 between the City of Delray Beach and the Delray Beach Youth Basketball Boosters, Community Development Corporation, Carver Estates Youth Program, Delray Beach Youth Vocational Charter School, and Roots Cultural Festival. Inc.; under the Weed and Seed program for FY 2003. Funding is av, i!,ble from 115-2125-521-83.01 (Weed & Seed Grants/Other Grants/Aid). Recommend approval of the agreements for funding and acceptance of funds under the Weed and Seed program for FY 2003. S:\City Clerk\chevelle folder\agenda memo~\2003 Weed and Seed.8.19.03 MelTIO To: Ms. Chevelle Nubin, City Clerk's Offico Mr. David Harden, City Manager From: Sharon L'Herrou, Weed & Seed Program Manage~.4 ~,~"~- O~'k:~e: '~ i,6' August 13, 2003 Re:. Agreements Enclosed please find five agreements for Funding and Accoptanco of Funds between the City of Delray Beach and the following sub-grantee award winnem: 1) The Delray Beach Youth Basketball Boosters: $2,400 to offset costs of travel to out of town events/games to support program goals of academic achievement through sports. 2) Roots Cultural Festival, Inc.: $4,000 to offset costs of cultural events. 3) The Community Development Corporation: $2,400 toward personnel costs for a project to help mitigate the impact of redevelopment plans on seniors residing in the targeted Weed & Seed area by educating seniors regarding available housing resoumes. 4) Carver Estates Youth Program: $17,211 to assist with operational expenses to fight crime and drug use through the prevention efforts of Carver Estates' Teen Club. The club is a community-based program for middle school and high school aged youth that enhances youths' resiliency, while preventing involvement in substance use and violenco. 5) Delray Youth Vocational Charter School: $16,601 towards expenses to implement and administer the training curriculum to provide vocational and life-skills training to at-risk youth. Weed & Seed in Delray Beach was established to serve as an additional resource to existing programs and services and to assist with facilitating partnerships and resource development. The U.S. Department of Justice, Executive Office for Weed & Seed (EOWS) has approved $275,000 in federal funding for use by the Delray Beach Weed & Seed Offico. These funds must benefit the targeted Weed & Seed area and are intended to support initiatives such as those provided by the above sub-grantee award winners. These funds are available on a reimbursement basis and must be spent prior to the end of the fiscal year, September 30, 2003. All expenditures represented in these agreements have been approved by the EOWS and are monitored by the Delray Beach Weed & Seed Program Manager to ensure compliance with Department of Justice policies. The enclosed contracts outline the agreements and funding allotments determined by the Delray Beach Weed & Seed Neighborhood Advisory Board according to EOWS precadure. cc: Captain Musco AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETVVEEN THE CITY OF DELRAY BEACH AND DELRAY BEACH YOUTH BASKETBALL BOOSTERS, INC. FY2002-2003 (October 1, 2002 - September 30, 2003) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this day of ,2003, between the City of Delrey Beach, hereinafter referred to as "City" and the Delray Beach Youth Basketball Boosters, Inc., hereinafter referred to as "AGENCY", having its principal office located at 513 S.W. 6th St., Delray Beach, Florida, is related to the provision, as per the budget approval by the City Commission on 2003 and retroactively effective May 15, 2003 through September 30, 2003, of $2,400 in Department of Justice, Executive Office for Weed and Seed (DOJ/EOWS) funds upon the following terms and conditions: The awarded EOWS funds are allocated as follows: $2,400 to offset costs of travel to out of town events/games (see exhibit "A") from May 15, 2003, through September 30, 2003. '1. Definitions: "City" means the City of Delray Beach, Florida "DOJ" means U.S. Department of Justice "EOWS" means Executive Office for Weed and Seed "W&S" means ~eed and Seed "The Agency" means Delray Beach Youth Basketball Boosters, Inc. o Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the allocation of federal DOJ/EOWS funds. The Scope of Service in Exhibit "A" outlines the specific deliverables. The beneficiaries of a project funded under this agreement must provide services within the federally designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit monthly requests for reimbursement of approved expenses under the cover sheet in Exhibit "A", provided hereto and made a part hereof. Reimbumement requests should accompany all required monthly reports. The City agrees to disburse payments upon the receipt of each required "request for reimbursement", and receipt of all required reports and necessary data (as determined by the City), covering the month for which reimbursement is requested. Disbursements will be available approximately the first working day of each month, commencing one month (30 days) following the execution of this agreement and the receipt of required documentation described above and continuing through September 30, 2003. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $2,400 for the period of May 15, 2003 through September 30, 2003. All release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Delray Beach Weed & Seed Program Manager. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement, or the date of release of funds from the DOJ/EOWS, whichever is later. The services of AGENCY shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of May 15, 2003 will be processed. All service required hereunder shall be completed by AGENCY by September 30, 2003. Subcontracts: Any work or services subcontracted hereunder shall be specifically by wdtten contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed Program Manager. Records and Reports: The Agency agrees to provide the City monthly programmatic progress reports that outlines the Delray Beach Youth Basketball Boosters, Inc. program activities, progress made, and number of participants enrolled, hours of tutoring provided, measures of student achievement, and problems encountered as well as the proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10· of the month for the preceding month). Additionally, a final report summarizing results for the funding period (May 15, 2003 - September 30, 2003) is due by October 10, 2003. Reimbursement payments will not be released without the submission of the required reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings identified, The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by the City or DOJ/EOWS. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of three (3) years, dating from October 1, 2003. Program-Generated Income: All income earned by Agency from activities financed by DOJ/EOWS funds must be reported to the City. In addition to reporting such income, Agency shall repod to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend 10. the availability of services provided by the Agency through this agreement, the prior written approval of the City will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. Other Program Requirements (Civil Rights/Resident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, tow-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project target area shall be awarded contracts in connection with the project. Evaluation and Monitoring: The Agency agrees that the City will carry out pedodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the City and/or DOJ/EOWS copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit programmatic reports as outlined in #5 above and at other times upon the request of the City, information and status reports required by the City, and/or DOJ/EOWS on forms approved by City to enable evaluation of said progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow the City or DOJ/EOWS to monitor Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the City and DOJ/EOWS. Audits and Inspections: At any time during normal business hours and as often as the the City, DOJ/EOWS, or the Comptroller General of the United States may deem necessary, there shall be made available by Agency to the City, DOJ/EOWS or the Comptroller General for examination all its records with respect to all matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations with 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. A Certified Public Accountant of AGENCY choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of AGENCY as defined by A- 133. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to 11. the community. This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement. Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMB Cimular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exemises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. 12. 13. 14. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR 66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon termination for convenience or for cause, the City shall pay the sub-recipient Agency for satisfactory services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event the grant to the City under Title I of the Omnibus Crime Control and Safe Streets Acts of 1968, 42 U.S.C. 3701, et. seq., as amended is suspended or terminated; this agreement shall be suspended or terminated effective on the date U. S. DOJ specifies and all payments are contingent upon the release of funds from the DOJ/EOWS. Independent Contractor: AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency) certifies that it, its affiliates, suppliers, subcontractore, and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of 15. 16. 17. Florida Department of Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a) requires this notice. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall transfer to the City any Weed and Seed funds on hand at the time of expiration and any accounts receivable attributable to the use of Weed and Seed funds. Additionally, where applicable, any real property under the sub-recipient's control that was acquired or improved in whole or in part with Weed and Seed funds in excess of $25,000 must be used to meet one of the national objectives of the Weed and Seed Program (per 24CFR Part 570) until five years after expiration of the agreement. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. Hold Harmless and Indemnification Clause: The Beach Youth Basketball Boostem, Inc. hereby agrees to promise to indemnify and hold harmless the "City" and its officem, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving of said funds. d Agency/Sub-recipie~l~.l.--'~,[~.~ Io~,'l~ ~.~-~ WITNESSES: Signed .'~~ ~__~,~~' CITY OF DELRAY BEACH, FLORIDA Signed By: ATTEST: CITY CLERK Exhibit "A " Scope of Service Introduction Goals: to raise the academic achievement and enhance classroom and school behavior using sports involvement and the oppodunity for travel as motivation and incentive, Outcome Measures: · Number of student participants ,, Hours of tutodng provided · Student achievement (as measured by the average % increase in GPA of participants) Program Reports The Agency agrees to provide the City with programmatic progress repods that outline the Delray Beach Youth Basketball Boosters, Inc. program activities, status of outcome measures, number of participants enrolled, hours of tutoring provided, measures of student achievement, and problems encountered as well as the proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request {due on or before the 10· of the month for the preceding month). Additionally, a final report summarizing results for the funding period (May 15, 2003 - September 30, 2003) is due by October 10, 2003. Reimbursement payments will not be released without the submission of the required reports (completed and accurate). Failure to submit the final report will jeopardize future requests for funding. Prooram Bud;et Weed & Seed agrees to provide $2,400 to offset costs of travel to out of town events/games from May 15, 2003, through September 30, 2003. AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH AND Community Development Corporation FY2002-2003 (October 1, 2002 - September 30, 2003) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this day of ,2003, between the City of Delray Beach, hereinafter referred to as "City" and the Community Development Corporation, hereinafter referred to as "AGENCY", having its principal office located at 400 W. Atlantic Ave, Delray Beach, Florida, is related to the provision, as per the budget approval by the City Commission on 2003 and retroactively effective May 15, 2003 through September 30, 2003, of $2,400 in Department of Justice, Executive Office for Weed and Seed {DOJ/EOWS) funds upon the following terms and conditions: The awarded EOWS funds are allocated as follows: $2,400 toward personnel costs (see attached Exhibit "A") from May 15, 2003, through September 30, 2003. 1. Definitions: "City" means the City of Delray Beach, Flodda "DOJ" means U.S. Department of Justice "EOWS" means Executive Office for Weed and Seed "W&S" means Weed and Seed "The Agency" means the Community Development Corporation Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work suppoded by the allocation of federal DOJ/EOWS funds. The Scope of Service in Exhibit "A" outlines the specific deliverables. The beneficiaries of a project funded under this agreement must provide services within the federally designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Linton BIvd to the South. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit requests for reimbursement of approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. Reimbursement requests and programmatic reports should be submitted simultaneously. The City agrees to disburse payments upon the receipt of each required "request for reimbursement", and receipt of required programmatic reports and necessary data (as determined by the City), covering the month for which reimbursement is requested. Disbursements will be available approximately the first working day of each month, commencing one month following the execution of this agreement and the receipt of required documentation described above and continuing through September 30, 2003. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $2,400 for the period of May 15, 2003 through September 30, 2003. All release of funds shall further be in accordance with all sections of this. agreement and subject to the approval of the Delray Beach Weed & Seed Program Manager. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement, or the date of release of funds from the DOJ/EOWS, whichever is later. The services of AGENCY shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of May 15, 2003 will be processed. All service required hereunder shall be completed by AGENCY by September 30, 2003. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed Program Manager. Records and Reports: The Agency agrees to provide the City programmatic progress repods that outline the program activities, progress made, and number of padicipants enrolled, and problems encountered and proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10th of the month for the preceding month). Additionally, a final report summarizing results for the funding period (May 15, 2003 - September 30, 2003) is due by October 10, 2003. Reimbursement payments will not be released without the submission of the required reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by the City or DOJ/EOWS. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of three (3) years, dating from October 1, 2003. Program. Generated Income: All income earned by Agency from activities financed by DOJ/EOWS funds must be reported to the City. In addition to reporting such income, Agency shall repod to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this agreement, the prior written approval of the City will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. Other Program Requirements (Civil Rights/Resident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, Iow-income residents of the project areas shall be given oppodunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project target area shall be awarded contracts in connection with the project. Evaluation and Monitoring: The Agency agrees that the City will carry out pedodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the City and/or DOJ/EOWS copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit reports as outline in #5 above and at other times upon the request of the City, information and status reports required by the City, and/or DOJ/EOWS on forms approved by City to enable evaluation of said progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow the City or DOJ/EOWS to monitor Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the City and DOJ/EOWS. Audits and Inspections: At any time during normal business hours and as often as the the City, DOJ/EOWS, or the Comptroller General of the United States may deem necessary, there shall be made available by Agency to the City, DOJ/EOWS or the Comptroller General for examination all its records with respect to all matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations with 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. A Certified Public Accountant of AGENCY choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of AGENCY as defined by A- 133. 10. 11. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to the community. This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement, Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMB Cimular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exemises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. 12. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR 66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or pad by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon termination for convenience or for cause, the City shall pay the sub-recipient Agency for satisfactory services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event the grant to the City under Title I of the Omnibus Crime Control and Safe Streets Acts of 1968, 42 U.S.C. 3701, et. seq., as amended is suspended or terminated; this agreement shall be suspended or terminated effective on the date U. S. DOJ specifies and all payments are contingent upon the release of funds from the DOJ/EOWS. Independent Contractor: AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 14. 15. 16. 17. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform 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 date hereof. F. S. 287.133(3) (a) requires this notice. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall transfer to the City any Weed and Seed funds on hand at the time of expiration and any accounts receivable attributable to the use of Weed and Seed funds. Additionally, where applicable, any real properly under the sub-recipient's control that was acquired or improved in whole or in part with Weed and Seed funds in excess of $25,000 must be used to meet one of the national objectives of the Weed and Seed Program (per 24CFR Part 570) until five years after expiration of the agreement. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. Hold Harmless and Indemnification Clause: The Community Development Corporation hereby agrees to promise to indemnify and hold harmless the "City" and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving of said funds. Agency/Sub-recipient: Signed By: WITNESSES: CITY OF DELRAY BEACH, FLORIDA Signed By: ATTEST: CITY CLERK ~-/.~ y ~ ~ CITY ATTO~~~' Exhibit "A ' Scope of Service Introduction The goal of the Community Development Corporation's Senior Housing project is as follows: To mitigate the impact of redevelopment plans on seniors residing in the targeted Weed & Seed area by educating seniors regarding available resources and providing support to access those resources particularly with regard to increased prepedy taxes and home improvements required to meet city codes. Outcome measures: · Number of hours of education and support provided to seniors impacted by redevelopment plans · Number of seniors impacted by redevelopment plans receiving relocation assistance · Number of seniors referred to the City of Delray Beach Home Rehabilitation Program Proflram Reports The Agency agrees to provide the City with programmatic progress reports that outline the CDC's project activities, status of outcome measures, number of participants enrolled, problems encountered as well as the proposed solutions. These repods must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10t~ of the month for the preceding month). Additionally, a final report summarizing results for the funding pedod (May 15, 2003 - September 30, 2003) is due by October 10, 2003. Reimbursement payments will not be released without the submission of the required reports (completed and accurate). Failure to submit the final report will jeopardize future requests for funding. Pro~ram Budeet Weed & Seed will allocate $2,400 toward personnel costs to fund a portion of the salary Housing Specialist assigned to the senior project from May 15, 2003, through September 30, 2003. AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH AND The Carver Estates Youth Program, Inc. FY2002-2003 (October 1,2002 - September 30, 2003) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this day of ,2003, between the City of Delray Beach, hereinafter referred to as "City" and Carver Estates Youth Program, Inc., hereinafter referred to as "AGENCY", having its principal office located at 770 S.W. 12t~ Terrace, Delray Beach, Florida, is related to the provision, as per the budget approval by the City Commission on 2003 and retroactively effective October 1, 2002 through September 30, 2003, of $17,211 in Department of Justice, Executive Office for Weed and Seed (DOJ/EOWS) funds upon the following terms and conditions: The awarded EOWS funds are allocated as follows: The office of Weed & Seed has awarded the funding request of $17,211 to assist with operational expenses to fight crime and drug use through the prevention efforts of Carver Estates' Teen Club. The club is a community-based program for middle school and high school aged youth that enhances youths' resiliency, while preventing involvement in substance use and violence. 1. Definitions: "City" means the City of Delray Beach, Florida "DOJ" means U.S. Department of Justice "EOWS" means Executive Office for Weed and Seed "W&S" means Weed and Seed "The Agency" means Carver Estates Youth Program, Inc. Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the allocation of federal DOJ/EOWS funds. The Scope of Service in Exhibit "A" outlines the specific deliverables. The beneficiaries of a project funded under this agreement must provide services to residents within the federally designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit requests for reimbursement of approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. Reimbursement requests and programmatic reports should be submitted simultaneously. The City agrees to disburse payments upon the receipt of each required "request for reimbursement", and receipt of required programmatic reports and necessary data (as determined by the City), covering the month for which reimbursement is requested. Disbursements will be available approximately the first working day of each month, commencing one month following the execution of this agreement and the receipt of required documentation described above and continuing through September 30, 2003. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $17,211 for the period of October 1, 2002 through September 30, 2003. All release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Delray Beach Weed & Seed Program Manager. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement, or the date of release of funds from the DOJ/EOWS, whichever is later. The services of AGENCY shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2002 will be processed. All service required hereunder shall be completed by AGENCY by September 30, 2003. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed Program Manager. Records and Reports: The Agency agrees to provide the City programmatic progress reports that outline the Carver Estates Youth Program's activities, progress made, number of participants enrolled, problems encountered and proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10th of the month for the preceding month). Additionally, a final report summarizing results for the funding period (May 15, 2003 - September 30, 2003) is due by October 10, 2003. Reimbursement payments will not be released without the submission of the required reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by the City or DOJ/EOWS. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of three (3) years, dating from October 1, 2003. Program.Generated Income: All income earned by Agency from activities financed by DOJ/EOWS funds must be reported to the City. In addition to reporting such income, Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this agreement, the prior written approval of 10. the City will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. Other Program Requirements (Civil Rights/Resident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, iow-income residents of the project areas shall be given oppodunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project target area shall be awarded contracts in connection with the project. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the City and/or DOJ/EOWS copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit reports as outlined in #5 above and at other times upon the request of the City, information and status reports required by the City, and/or DOJ/EOWS on forms approved by City to enable evaluation of said progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow the City or DOJ/EOWS to monitor Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the City and DOJ/EOWS. Audits and Inspections: At any time during normal business hours and as often as the the City, DOJ/EOWS, or the Comptroller General of the United States may deem necessary, there shall be made available by Agency to the City, DOJ/EOWS or the Comptroller General for examination all its records with respect to all matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all soumes are expended. A Certified Public Accountant of AGENCY's choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of AGENCY as defined by A- 133. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to 11. '12. 13. 14. the community. This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement. Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR 66.43) in a timely or proper manner its obligations under tbis agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon termination for convenience or for cause, the City shall pay the sub-recipient Agency for satisfactory services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event the grant to the City under Title I of the Omnibus Crime Control and Safe Streets Acts of 1968, 42 U.S.C. 3701, et. seq., as amended is suspended or terminated; this agreement shall be suspended or terminated effective on the date U. S. DOJ specifies and all payments are contingent upon the release of funds from the DOJ/EOWS. Independent Contractor: AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of 15, 16. 17. Florida Depadment of Management Services within 36 months immediately preceding the date hereof. F, S. 287.133(3) (a) requires this notice. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall transfer to the City any Weed and Seed funds on hand at the time of expiration and any accounts receivable attributable to the use of Weed and Seed funds. Additionally, where applicable, any real property under the sub-recipient's control that was acquired or improved in whole or in part with Weed and Seed funds in excess of $25,000 must be used to meet one of the national objectives of the Weed and Seed Program (per 24CFR Part 570) until five yearn after expiration of the agreement. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. Hold Harmless and Indemnification Clause: Carver Estates Youth Program, inc. hereby agrees to promise to indemnify and hold harmless the "City" and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving of said funds, WITNESSES: Agency/Sub-recipient: ~_~.~.,~.-.~ -~:::::~--~--~-.--~ "'~_~ Signed By: ~_...~..--~../ ATTEST: CITY OF DELRAY BEACH, FLORIDA Signed By: CITY CLERK Exhibit "A " Scope of Service Introduction Carver Estates Youth Program, Inc. is designed to fight crime and drug use among padicipants in their "Teen Club." The club is a community-based program for middle school and high school aged youth that enhances youths' resiliency, while preventing involvement in substance use and violence. Carver Estates Youth Program's Outcome measures: ,, Improved GPA among padicipants · Improve padicipants' reading ability as demonstrated by pre and post tests. · Increase time spent engaged in academics (reading and/or completing homework). · Increase opportunities to participate in extracurricular enrichment activities. · Increase the amount of time engaged in community service activities. · Number of padicipants enrolled in program and average monthly attendance. Other Program Benefits include an increase in Protective Factors: · Empathy & Optimism · Social competency & Societal values · Positive Personal characteristics · Bonding Program staff will work with guidance counselors from various schools to evaluate program effectiveness. Program Reports The Agency agrees to provide the City with programmatic progress reports that outline Carver Estates Youth Program's program activities, status of outcome measures, number of participants enrolled, problems encountered as well as the proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10· of the month for the preceding month). Additionally, a final report summarizing results for the funding period is due by October 10, 2003. Reimbursement payments will not be released without the submission of the required reports (completed and accurate). Failure to submit the final report will jeopardize future requests for funding. Pro_~ram Bud_~et Weed & Seed agrees to provide $17,211 toward operational expenses. Authorized expenses include: a prorated share of salary and benefits dollars, transportation, utilities, communications, office and program supplies, printing, food, and insurance. Funds will be provided on a reimbursement basis and will be dispersed subsequent to the receipt by the Delray Beach Weed and Seed Program Manager of the programmatic report described above and a financial reimbursement request. These documents are to be submitted by the 10th the month for the preceding month. Relevant support documentation will be required. AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BET~EN THE CITY OF DELRAY BEACH AND DELRAY YOUTH VOCATIONAL CHARTER SCHOOL FY200~-2003 (October f, 200~- September 30, 2003) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS (~Agreement') entered into this day of , ,~303, between the City of Belray Beach, hereinafter referred to as 'City' and Delray Youth Vocational Charter School, hereinafter referred to as 'AGENCY", having its principal office located at 2401 N. Federal Highway, Detray Beach, Florida, is related to ~e provision, as per the budget approval by the City Commission on 2003 and retroactively effective May 15, 2003 through September 30, 2003, of $16,601 in Deparlment of Justice, Executive Office for Weed and Seed (DOJ/EOWS) funds upon the following terms and conditions: The awarded EOWS funds are allocated as follows: $16,601 towards expenses to implement and administer the DELRAY YOUTH VOCATIONAL CHARTER SCHOOL b'aining and curriculum (see attached Exhibit "A') from May 15, 2003, through September 30, 2003. 1. Definitions: 'City' moans ~e City of Delray Beach, Flodda "DOJ' means U.S. Department of Justice 'EOWS' means Executive Office for Weed and Seed ~N&S' means Weed and Seed 'The Agency' means Delray Youlh Voc~onal Charter School Purpose of Work: The purpose of tflis agreemont is to state the covenants and conditions under which AGENCY w]3t implemont the agreed upon scope of work supported by the allocation of federal DOJ/EOWS funds. The Scope of Service in Exhibit'A" o~ines the specific deliverables. The beneficiaries of a project funded under this agreement must provide services to residents wiffiin the federally designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Unton 151vd to ~e South. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program o~ned in this agreemont and submit requests for reimbursement of approved expenses outJined in Exhibit ~A', provided hereto and made a part hereof. Reimbursement requests and programm~c reports should be submitted simu~neously. The City agrees to disburse paymonts upon the receipt of each required 'request for reimbursement', and receipt of required programmatic reports and necessary data (as determined by the City), covering the month for which reimbursement is requested. Disbursements will be available approximately the first working day of each month, commencing one month following ~e execution of this agreement and the receipt of required documentation described above and con~nuing through September 30, 2003. e All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved doltar amount of $16,601 for the period of May f5, 2003 through September 30, 2003. All release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Defray Beach Weed & Seed Program Manager. Time of Performance: The effective date of this agreement and alt dghts and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement, or the date of release of funds from the DOJ/EOWS, whichever is later. The services of AGENCY shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of May 15, 2003 wilt be processed. All service required hereunder shall be completed by AGENCY by September 30, 2003. Subcontracts: Any work or services subcontracted hereunder shall be spesitical/y by written contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City pdor to execution of any subcon~'act hereunder. In addition, alt subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed Program Manager. Records and Reports: The Agency agrees to provide the City programmatic progress reports that oufine the DELRAY YOUTH VOCATIONAL CHARTER SCHOOL program activities, progress made, number of padJcipants enrolled, problems encountered and proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 1~ of the month for the preceding month). Additionally, a final report summarizing results for the funding period (May 15, 2003 - September 30, 2003) is due by October 10, 2003. Reimbursement payments wilt not be released wiffioat the submission of the required reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings iden~ed. The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by ~e City or DOJ/EOWS. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and re/areal service provisions (activities) for a pedod of three (3) years, dating from October f, 2003. Program-Generated Income: Air income earned by Agency from activities financed by DOJ/EOWS funds must be reported to the to utilize program income to offset project costs. If program i~;ome is used to extend the availability of services provided by the Agency through this agreement, the pdor written approval of the City wilt be required. Accounting and disbursement of program income shall be consistent with = 10. the procedures outlined in OMB Cimular A-110 and other applicable regulations incorporated herein by reference. Other Program Requirements (Civil Rights/Resident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physicat disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carded out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the dght to terminate this Agreement. To the greatest feasible extent, Iow-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial pad by persons residing in the project target ama shall be awarded contracts in connection with the project. Evaluation and Monitoring: The Agency agrees that the City will cam/out periodic monitoring and eva~uation activities (through in-house and site visitation evaluations) as determined necessary by the City and that the continuation of mis agreement is dependent upon satisfactory evatuation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the City and/or DOJ/EOWS copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit reports as outtine in #5 above and at other times upon the request of the City, information and status reports required by the City, and/or DOJ/EOWS on forms approved by City to enable evatuation of said progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow the City or DOJ/EOWS to monitor Agency on site (at teast annual). Such visits may be scheduled in advance or unscheduled as determined by the City and DOJ/EOW~. Audits and Inspections: At any time dudng normal business hours and as often as the the City, DOJ/EOWS, or the Compb'oller General of the United States may deem necessary, there shall be made available by Agency to the City, DOJ/EOWS or the Compl~'oller General for examination all its records respect to all matters covered by this agreement The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circutars A-I'10, A-122, A-133, and other applicable regulations with 180 days after the end of any fiscal year covered by this agreement in which Federat Funds fi.om all sources are expended. A Ce~fied Public Accountant of AGENCY choosing, subject to the City's approval shall make the audit In the event AGENCY is exempt fi.om having an audit conducted under A-133, the City reserves the dght fo require submission of audited financial statements and/or to conduct a "limited scope audit' of AGENCY as defined by A- 133. Increased Availability: The intent and purpose of this agreement is to increase the avallabitity of the Agency services to the community. This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, 3 11. 12. 13. 14. planned or existing, for projects similar to those being assisted under this agreement, which is not less than that fever existing prior to this agreement. Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection wiffi the funded projects, has any personar ffnanciar interest, direst or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conffict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in wri§ng to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of ~e project target area. Suspension and Te~ninstion: If threugh any cause the Agency shall fait to fu~ll (or materially comply in accordance wiffi 28C'FR 66.43) in a timely or proper manner its obliga~ons under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to AGENCY of such termination or suspension of payment and specify the effeclJve date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon ten (10) working days written notice to the other paly. Upon termination for convenience or for cause, the City shall pay the sub-recipient Agency for satisfactory services rendered pursuant to this agreement through and including the date of termin~on. The agreement may be terminated for convenience in accordance with 28CFR 66.44. in the event the grant to the City under Tibe I of the Omnibus Cdme Control and Safe Streets Acts of 1968, 42 U.S.C. 3701, et. seq., as amended is suspended or terminated;, this agreement shalI be suspended or terminated etfective on the date U. S. DOJ specifies and all payments are contingent upon the rerease of funds from the DOJ/EOWS. Independent Contractor: AGENCY agrees that, in all matters rerating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the taw appticable to City emptoyees retative to emptoyment compensation and employee benefits. Public Entity Crimes: By entedng into this contract or performing any work in fu~erance hereof, the conlractor (sub- recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform 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 date hereof. F. S. 287.133(3) (a) requires this notice. 4 15. 16. 17. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall transfer to the City any Weed and Seed funds on hand at the time of expiration and any accounts receivable attributable to the use of Weed and Seed funds. Additional, where appticable, any real property under the sub-recipients control that was acquired or improved in whole or in part with Weed and Seed funds in excess of $25,000 must be used to meet one of the national* objectives of the Weed and Seed Program (per 24CFR Part 570) untit five years after expiration of the agreement. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. Hold Harmless and Indemnification Clause: The DELRAY YOUTH VOCATIONAL CHARTER SCHOOL hereby agrees to promise to indemnify and hold harmless the "Cib/' and its officers, agents, servants, or employees from and against any and att liability, claims, demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature adsing from, or in any way connected with, the giving of said funds. CiTY OF DELRAY BEACH, FLORIDA Signed By: ATTEST: CITY CLERK Exhibit "A ' Scope of Service Introduction DELRAY YOUTH VOCATIONAL CHARTER SCHOOL'S mission is to: a) Train and educate at-risk youth in vadous disciplines within the automotive industry b) Provide academic instruction to prepare students for their G.E.D., vocational education, and/or entry to post secondary institutions c) Develop and execute career development and d) Teach valuable life management skills. Outcome measures: · Total number of youth served {total number enrolled and pementage that complete the program) · Participants will demonstrate minimum skills necessary to obtain work in the automotive industry as demonstrated through testing · Participants will improve their reading skills as demonstrated through pre and post testing · 80% of students completing the program wilt become employed {making above minimum wage) OR be placed in post secondary institutions · 80% cf students completing the program will not participate in illegal activities within one year of their participation in the program (as measured by arrests). Pm.qram Reports The Agency agrees to provide the City with programmatic progress reports that outline DELRAY YOUTH VOCATIONAL CHARTER SCHOOL'S program activities, status of outcome measures, number of participants enrolled, problems encountered as well as the proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10th of the month for the preceding month). Additionally, a final repod summarizing results for the funding pedod (May 15, 2003 - September 30, 2003) is due by October 10, 2003. Reimbursement payments will not be released without the submission of the required reports (completed and accurate). Failure to submit the final report will jeopardize future requests for funding. Pro_~ram Budget Weed & Seed agrees to provide $16,601 toward costs associated with implementing and administering the DELRAY YOUTH VOCATIONAL CHARTER SCHOOL training and curriculum. Funds will be provided on a reimbumement basis and will be dispersed subsequent to the receipt by the Delray Beach Weed and Seed Program Manager of the programmatic report described above and a financial reimbursement request. These documents are to be submitted by the 10~h the month for the preceding month. Relevant support documentation will be required. AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH AND Roots Cultural Festival, Inc. FY2002-2003 (October 1,2002 - September 30, 2003) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this day of ,2003, between the City of Delray Beach, hereinafter referred to as "City" and Roots Cultural Festival, Inc., hereinafter referred to as "AGENCY", having its principal office located at 400 West. Atlantic Ave., Delray Beach, Florida, is related to the provision, as per the budget approval by the City Commission on 2003 and retroactively effective May 15, 2003 through September 30, 2003 in Depadment of Justice, Executive Office for Weed and Seed (DOJ/EOWS) funds upon the following terms and conditions: The awarded EOWS funds are allocated as follows: $4,000 to offset costs of the Roots Cultural Festival (see attached Exhibit "A") from May 15, 2003 through September 30, 2003. 1. Definitions: "City" means the City of Delray Beach, Florida "DO J" means U.S. Department of Justice "ROWS" means Executive Office for Weed and Seed "W&S" means Weed and Seed "The Agency" means Roots Cultural Festival, Inc. Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the allocation of federal DOJ/EOWS funds. The Scope of Service in Exhibit "A" outlines the specific deliverables. The beneficiaries of a project funded under this agreement must provide services to residents within the federally designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit requests for reimbursement of approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. Reimbursement requests and programmatic reports should be submitted simultaneously. The City agrees to disburse payments upon the receipt of each required "request for reimbursement", and receipt of required programmatic repods and necessary data (as determined by the City), covering the month for which reimbursement is requested. Disbursements will be available approximately the first working day of each month, commencing one month following the execution of this agreement and the receipt of required documentation described above and continuing through September 30, 2003. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $4,000 for the period of May 15, 2003 through September 30, 2003. All release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Delray Beach Weed & Seed Program Manager. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement, or the date of release of funds from the DOJ/EOWS, whichever is later. The services of AGENCY shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of May 15, 2003 will be processed. All service required hereunder shall be completed by AGENCY by September 30, 2003. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed Program Manager. Records and Reports: The Agency agrees to provide the City programmatic progress reports that outline the Roots Cultural Festival's program activities, progress made, number of participants, problems encountered and proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10th of the month for the preceding month). Additionally, a final report summarizing results for the funding period (May 15, 2003 - September 30, 2003) is due by October 10, 2003. Reimbursement payments will not be released without the submission of the required reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by the City or DOJ/EOWS. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of three (3) years, dating from October 1, 2003. Program. Generated Income: All income earned by Agency from activities financed by DOJ/EOWS funds must be reported to the City. In addition to reporting such income, Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this agreement, the prior written approval of the City will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. Other Program Requirements (Civil Rights/Resident Opportunities): The Agency agrees that no pemon shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the dght to terminate this Agreement. To the greatest feasible extent, Iow-income residents of the project areas shall be given oppodunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project target area shall be awarded contracts in connection with the project. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the City and/or DOJ/EOWS copies of transcriptions of such records and information as is determined necessary by the City, The Agency shall submit reports as outline in #5 above and at other times upon the request of the City, information and status reports required by the City, and/or DOJ/EOWS on forms approved by City to enable evaluation of said progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow the City or DOJ/EOWS to monitor Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the City and DOJ/EOWS. 10. Audits and Inspections: At any time during normal business hours and as often as the the City, DOJ/EOWS, or the Comptroller General of the United States may deem necessary, there shall be made available by Agency to the City, DOJ/EOWS or the Comptroller General for examination all its records with respect to all matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations with 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. A Certified Public Accountant of AGENCY choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of AGENCY as defined by A- 133. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to the community. This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement. 11. 12. 13. 14. 15. Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR 66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the dght to terminate this agreement or suspend payment in whole or part by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon ten (10) working days wdtten notice to the other party. Upon termination for convenience or for cause, the City shall pay the sub-recipient Agency for satisfactory services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event the grant to the City under Title I of the Omnibus Crime Control and Safe Streets Acts of 1968, 42 U.S.C. 3701, et. seq., as amended is suspended or terminated; this agreement shall be suspended or terminated effective on the date U. S. DOJ specifies and all payments are contingent upon the release of funds from the DOJ/EOWS. Independent Contractor: AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform 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 date hereof. F. S. 287.133(3) (a) requires this notice. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall transfer to the City any Weed and Seed funds on hand at the time of expiration and any accounts receivable attributable to the use of Weed and Seed funds. Additionally, where applicable, any real property under the sub-recipient's control that was acquired or improved in whole or in part with Weed and Seed funds in excess of $25,000 must be used to meet one of the national objectives of the Weed and Seed Program (per 24CFR Part 570) until five years after expiration of the agreement. 4 16. 17. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. Hold Harmless and Indemnification Clause: The Roots Cultural Festival, Inc. hereby agrees to promise to indemnify and hold harmless the "City" and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attomey's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving of said funds. Agency/Sub-recipient: WITNESSES: CITY OF DELRAY BEACH, FLORIDA Signed By: ATTEST: CITY CLERK FORM.'~~ /) CITY ATTORNEY/ Exhibit "A " Scope of Service Introduction The goal of the Roots Cultural Festival is to provide affordable cultural events for youth and seniors residing in targeted area. Research shows that students who are exposed to the arts are more likely to succeed in school and less likely to engage in violent acts. They also tend to have better self confidence. Three hundred seniors and youth are projected to attend the events, Program Reports The Agency shall submit monthly or quarterly program reports that provide details on program activities including the following: Project 1 Outcome measures: · How many individuals served from target area ,, How many events performed Project 2 Outcome Measures: · Two students from targeted area gainfully employed for the summer months (measured by number of hours employed per month & hourly wage) · Average number of calls responded to during peak period Pro_~ram Bud_~et Project 1: Project 2: $2,000 is being provided to offset the cost of professional and artists' fees for the summer festival cultural events $2,000 is being provided to fund two student clerical workers from the targeted area for the summer TO: FROM: SUBJECT: PAUL DORLING, DIRECT..~ OF PLANNING AND ZONING MEETING OF AUGUST 19, 2003 ***CONSENT AGENDA*** APPROVAL OF MODIFICATIONS TO D.E.P. CONTRACT NO. 99PB2, FOR FUNDING RELATED TO THE YEAR 2002 BEACH RENOURISHMENT PROJECT The action requested of City Commission is that of approving amendment No. 3 to D.E.P. Contract No. 99PB2 between the City and the Florida Department of Environmental Protection (D.E.P.) for the state's cost sharing of the Beach Renourishment Project. The original D.E.P. Contract 99PB2 was approved by the City Commission on January 18, 2000, and represents a project agreement between the State and the City of Delray Beach for state cost sharing not to exceed $1,373,274. The contract was subsequently amended in March 2001 to accommodate an increased reimbursement rate for certain tasks, and again in August 2002 to reflect a reduction of $120,000 in the amount allocated for the construction phase of the project. The current contract period runs to August 1, 2003 and covers the state's share of sand placement and related tasks through the year 2003. The proposed modifications will extend the contract period by two years, reallocate dollars from the construction task to the design task to reflect prior expenditures, and reallocate dollars from the construction task to the monitoring task to accommodate future expenditures. The remaining contract funds provide adequate funding to accommodate all planned tasks associated with the project. The modifications have been reviewed and approved as to legal sufficiency and form by the City Attorney. By motion, approve amendment No. 3 to D.E.P. Contract # 99PB2 between the City of Delray Beach and the Florida Department of Environmental Protection (D.E.P.), for the state's cost sharing of the 2002 Beach Renourishment Project. Attachments Amendment III · Amendment II · Amendment I · Contract # 99PB2 S:~long range\beach\contract mod 299PB2 AMENDMENT No: 3 DEP AGREEMENT No: 99PB2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND WETLAND RESOURCES BEACH EROSION CONTROL PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR DELRAY BEACH NOURISHMENT PROJECT THIS AGREEMENT as entered into on the 21st day of January, 2000, and amended on the 23~ day of March, 2001, and on the 14th day of August, 2002, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 and the CITY OF DELRAY BEACH, whose address is 100 Northwest 1s~ Avenue, Delray, Florida, 33444, a local government, (hereinal~er referred to as the "LOCAL SPONSOR") is hereby amended as follows: · Paragraphs 1 - 40 am hereby deleted in their entirety and replaced with the following: The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the Delray Beach Nourishment Project, (hereafter referred to as the PROJECT), as defined in Attachment A-2 (Project Work Plan), attached hereto and incorporated herein by reference, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" are used intemhangeably, and also the terms "Grantee", "Recipient" and "Local Sponsor" are used intemhangeably. This Agreement shall begin on the 21st day of January, 2000, and end on the 15th day of December, 2005. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor beginning on or after July 1, 1998, shall be eligible for cost sharing by the DEPARTMENT. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to the release of funds appropriated to the DEPARTMENT. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and future requisite authorizations and environmental permits. The PROJECT consists of the nourishment of approximately 2.7 miles of Atlantic shoreline between DNR reference monuments R-175 and R~189, in Palm Beach County. The life of the PROJECT is defined as ten (10) years commencing upon the completion date of the construction task under this PROJECT. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. DEP Agreement No. 99PB2, Amendment No. 3, Page 1 of 8 The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT item, as specified in Table 1 below. It is understood and agreed that the detailed Scope of Work shall include a narrative description of each task, a corresponding detailed budget and a project schedule. Written authorization to initiate each eligible project item must be obtained from the DEPARTMENT prior to the initiation of said item. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: Table 1 Task Eligible PROJECT Items ESTIMATED PROJECT COSTS # Federal State Local Total 1.0 Design and Permitting $ $ $ $ 1.1 Design $237,342 $92,000 $92,000 $421,342 1.2 C-7115 $0 $73,985 $18,182 $92,167 Subtotal $237~342 $165~985 $110,182 $513~509 2.0 Construction $2,363,352 $924,808 $924,808 $4,212,968 3.0 Monitoring $419,169 $162,481 $162,481 $744,131 TOTAL PROJECT COSTS $3,018~863 $1~253~274 $1,197~471 $5~470~608 10. 11. The DEPARTMENT has determined that 100 percent of the PROJECT length is eligible for state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $1,253,274 for this PROJECT or up to 50 percent of the non-federal PROJECT cost, if applicable, for the specific eligible PROJECT items 1.1, 2.0, and 3.0, and 80.3 percent for item 1.2, whichever is less. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT items which exceed the estimated PROJECT costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through formal amendment to this Agreement. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment B-2 (Funding Eligibility), attached hereto and incorporated herein by reference, for beach use throughout the life of the PROJECT as established under this Agreement. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking for use by the general public on an equal basis, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site where maintenance is discontinued. Additionally, the LOCAL SPONSOR agrees to maintain public beach access signs that are clearly visible from the highway for the life of the PROJECT. Paragraph intentionally left blank. As consideration for the eligible work performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. For satisfactory performance, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment C-2 (Comptroller's Contract Payment Requirements), attached hereto and made a part hereof, and state guidelines for eligible costs found in the State Comptroller's Voucher Processing Handbook at (<http://www.dbf. state.fl.us/aadir/mainindex.html>). The LOCAL SPONSOR will submit DEP Agreement No. 99PB2, Amendment No. 3, Page 2 of 8 12. 13. 14. 15. a request for reimbursement of funds on the forms provided as Attachment D-2 (Request For Payment, PARTS I - 1V), attached hereto and made a part hereof, on a quarterly basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31; the request shall be submitted no later than thirty (30) days following the completion date of the quarterly reporting period, of each year in which the project is underway. These forms shall be certified as accurate by the LOCAL SPONSOR'S Project Administrator and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for payment until such time as all requisite authorizations and environmental permits, including those required pursuant to Chapters 161,253, 258 and 373, Florida Statutes, have been obtained. The DEPARTMENT's Project Manager shall have thirty (30) days after receipt of each billing to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the hilling for payment. It is understood anc~ agreed that any request for reimbursement that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will not resume until such information is received as requested by the DEPARTMENT. Upon approval of the payment request the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent which shall be retained on account. The cumulative amount retained for each eligible PROJECT item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement and the applicable Scope of Work for said item. The Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thirty (30) calendar days of such request. If applicable, the Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's Project Manager quarterly project progress reports as updates to a project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period. Schedules shall be submitted electronically in an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included: tasks to be completed, start and finish dates, task duration, actual start and finish dates with actual task duration. Upon completion of the PROJECT the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment E-2 (Project Completion Certification). The DEPARTMENT reserves the right to release retainage withheld, at the request of the LOCAL SPONSOR, or at the DEPARTMENT's convenience, for a completed eligible PROJECT item task during the term of this Agreement. A completed Project Completion Certification must accompany the payment request that identifies the eligible project items completed for which release of retained funds is requested by the LOCAL SPONSOR. Pursuant to Chapter 161.101(17), Florida Statutes, the LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, Florida Statutes, which is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth, DEP Agreement No. 99PB2, Amendment No. 3, Page 3 of 8 16. 17. 18. 19. 20. 21. 22. The applicable provisions of Chapter 161, Florida Statutes, entitled Beach and Shore Preservation, and any roles promulgated therefrom, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. The LOCAL SPONSOR's Project Manager for all mattem is Phil Dorling, Phone: 561/243-7321. The DEPARTMENT's Project Manager for all technical matters is Jacqueline Thompson, Phone: 850/487- 1262, ext. 195 and the DEPARTMENT's Grant Program Administrator for all administrative mattem is C. Tony Tucker, Phone: 850/487-1262, extension 192, or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR DEPARTMENT Paul Dorling City of Delray 100 Northwest 1st Avenue Delray, Florida 33444 561/243-7321 C. Tony Tucker, Grant Program Administrator Department of Environmental Protection Bureau of Beaches and Wetland Resoumes 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 (850) 487-1262, extension 192 This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. DEP Agreement No. 99PB2, Amendment No. 3, Page 4 of 8 23. 24. 25. 26. 27. 28. 29. 30. 31. In addition to the requirements of the preceding paragraph, thb LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment F-2 (Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit 1 summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment F-2. A revised copy of Exhibit I must be provided to the LOCAL SPONSOR for each amendment which authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the DEPARTMENT's Grant Manager to request a copy of the updated information. The LOCAL SPONSOR is hereby noticed that the Florida Single Audit Act and Special Audit Requirements may further apply to subcontracts and lower tier transactions that may result pursuant to this Agreement. The LOCAL SPONSOR may confer with its chief financial officer, audit director or contact the state officials identified under Part II of Attachment F-2 for assistance with questions pertaining to the applicability of these requirements. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontmctor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Worker's Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Worker's Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. DEP Agreement No. 99PB2, Amendment No. 3, Page 5 of 8 32. 33. 34. 35. 36. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses, and liabilities incurred under the subcontract. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the solicitation from which an intended subcontractor was selected. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents, including the solicitation and responses thereto, the bid tabulations and the resulting contract(s) including a detailed scope of wgrk. The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the LOCAL SPONSOR's cost or time shall require an appropriate adjustment and modification (formal amendment) to this Agreement. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. DEP Agreement No. 99PB2, Amendment No. 3, Page 6 of 8 37. Ifa fome majeure occurs which causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this PROJECT Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally and shall, within seven (7) calendar days, notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, time for performance under this PROJECT Agreement may be extended, at the discretion of the DEPARTMENT, for a period of time equal to the delay resulting from the force majeure. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this PROJECT Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 38. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. · Attachment(s) A, B, C-l, D-l, E and F-1 are hereby deleted in their entirety. · Attachment(s) A-2 through F-2 as attached hereto are hereby added to the Agreement. In all other respects, the Agreement, of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. CITY OF DELRAY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By:. Title: *Mayor or designee Secretary or designee Date: FEID No. 59-6000308 APP~ ~/D as~O~m and legality: DEP At~to~-y/~ DEP Agreement No. 99PB2, Amendment No. 3, Page 7 of 8 *If someone other than the Mayor signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A-2 Attachment B-2 Attachment C-2 Attachment D-2 Attachment E-2 Attachment F-2 Project Work Plan (1 page) Funding Eligibility (1 page) Comptroller's Contract Payment Requirements (1 page) Request For Payment (4 pages) Project Completion Certification (1 page) Special Audit Requirements (5 pages) DEP Agreement No. 99PB2, Amendment No. 3, Page 8 of 8 ATTACHMENT A-2 PROJECT WORK PLAN Delray Beach Nourishment Project The PROJECT consists of the nourishment of approximately 2.7 miles of Atlantic coast beach between DNR reference monuments R-175 and R-189 in Palm Beach County. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEP permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work for an eligible PROJECT item. These plans may be found at http://www.dep.state.fl.us/beaches/. Three (3) originals on all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Task No: Eligible Project Item: 1.0 2.0 3.0 Design and Permitting Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications. This item specifically excludes permit application fees or any other fees paid to the State of Florida. Item 1.2 is 80.3% eligible in order to reimburse the city for work completed and retainage not released under DEP Contract No. C-7115 after inadvertent reversion of funding under that contract. Construction Work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, erosion control structures, dune stabilization measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. Monitoring A monitoring program conducted in accordance with the requirements specified in any and all permits issued by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a manner which will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area and with the Department's Regional Coastal Monitoring Program. Attachment A-2, DEP Agreement No. 99PB2, Amendment No. 3, Page I of 1 ATTACHMENT B-2 FUNDING ELIGIBILITY Delray Beach Nourishment Project Project Boundary: R175 to R189 Approximate Shoreline Length: 14,410 FEET Public Access Delray Public Beach Sandoway Park Anchor Park Atlantic Dune Park* Parking Spaces 150 124 84 112 Areas determined to be publicly accessible: 330' South of R175 to 500' South of R188 Total eligible shoreline length: 14,410 FEET Total project shoreline length: 14,410 FEET Percent eligible for State fimding: 100 PERCENT Attachment B-2, DEP Agreemem No. 99PB2, Amendment No. 3, Page 1 of 1 ATTACHMENT C-2 Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing Manual (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimtun requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If au individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the houm worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If thc contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defmed in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rote, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system Or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. Attachment C-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 1 of 1 ATTACHMENT D-2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART I PAYMENT SUMMARY Name of Project: DELRAY BEACH NOURISHMENT PROJECT Grantee: CITY OF DELRAY Billing Number: Costs Incurred This Payment Request: DEP Contract Number: 99PB2 Billing Period: Billing Type: [] Interim Billing [] Final Billing Federal Sham* State Share Local Share Total $ $ $ $ *if applicable Cost Summary: State Funds Obligated $ Local Funds Obligated $ Less Previous Payment $ Less Previous Credits $ Less Previous Retained $ Less This Payment $ Less This Credit $ Less This Retaiaage (10%) $ Local Funds Remaining $ State Funds Remaining $ Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Wetland Resoumes approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date Attachment D-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 1 of 4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART H REIMBURSEMENT DETAIL Name of Project: DELRAY BEACH NOURISHMENT PROJECT Grantee: CITY OF DELRAY DEP Contract Number: 99PB2 Billing Number: Summary of Invoices: Billing Period: Task Date of Invoice Amount of No./ Check Amount Paid Invoice Number Invoice (Eligible Vendor Name Number Vendor Project Item) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL: $ Certification: I certify that the purchases noted above were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation amached hereto and are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Name of Project Financial Officer Signature of Project Administrator Signature of Project Financial Officer Date Date Attachment D-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 2 of 4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART III PROJECT PROGRESS REPORT Name of Project: DELRAY BEACH NOURISHMENT PROJECT Grantee: CITY OF DELRAY DEP Agreement Number: 99PB2 Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 1.0 DESIGN AND PERMITTING 2.0 CONSTRUCTION 3.0 MO~TORING Attachment D-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 3 of 4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART IV PROJECT FINANCIAL REPORT Name of Project: DELRAY BEACH NOURISHMENT PROJECT Grantee: CITY OF DELRAY DEP Contract Number: 99PB2 Report Period: Project Expenditures Costs Incurred Costs Incurred Total Funds Task Eligible Project Items This Report Period to Date Obligated No. 1.0 Design and Permitting $ $ $513,509 2.0 Construction $ $ $4,212,968 3.0 Monitoring $ $ $744,131 TOTAL $5,470,608 Attachment D-2, DEP Agreemem No. 99PB2, Amendment No. 3, Page 4 of 4 ATTACHMENT E-2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: DELRAY BEACH NOLrRISHMENT PROJECT Grantee: CITY OF DELRAY DEP Agreement Number: 99PB2 *I hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for the project were expended pursuant tO the Project Agreement. Name of Project Administrator Signature of Project Administrator Date *Requests for the Department's release of retained funds for which an eligible project item is completed may be considered in advance of overall Project Completion. If this Certification pertains only to the completion of specific eligible project item tasks, the LOCAL SPONSOR shall also provide the following information in addition to the required signature above: Requested Amount of Release: Period of Services: Completed Task Description: Attachment E-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 1 of 1 ATTACHMENT F-2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreemenO may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defmed in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determiulng the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received fi.om the Department of Environmantal Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part l, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid fi.om non-Federal resources (i.e., the cost of such an audit must be paid fi.om recipient resources obtained fi.om other than Federal entities). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at htm://as~e.os.dhhs.~zov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment F-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable roles of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received fi.om the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid fi.om the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained fi.om other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at http://sun6.dms.state.fl.ns/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www, leg.state.fl.us/, Governor's Website http://www.flgov.com/, Department of Banking and Finance's Website http://www.dbt'.state.fl.us/, and the Auditor General's Website http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the fidl cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Attachment F-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 2 of 5 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street 'Jeffemonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 ie) and (f), OMB Circular A-133, as revised. Pursuant to Section .320(0, OMB Cimulas A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(e), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local government entities) or Chapter 10.600 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizatious), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Attachment F-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 3 of 5 PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years fi.om the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, Comptroller, or Auditor General access to such records upon request. The recipiem shall ensure that audit working papers are made available to the Departraent of Environmental Protection or its designee, the Comptroller, or Auditor General upon request for a period of 3 years fi.om the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment F-2, DEP Agreement No. 99PB2, Amendment No. 3, Page 4 of 5 Memorandum Community Improvement Horticulturist 1993 2001 TO: THROUGH: FROM: RE: DATE: DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~_~ NANCY DAVILA, HORTICULTURIST LINTON BOULEVARD - FINANCIAL ASSISTANCE AGREEMENT JULY 2, 2003 ITEM BEFORE THE COMMISSION The item before the City Commission is the approval of a Financial Assistance Agreement for Linton Boulevard from Military Trail to Congress Avenue to reimburse the City up to $300,000 for future irrigation and landscaping expenditures. BACKGROUND The City installed irrigation and landscaping in the medians on Linton Boulevard in 1988. This section is currently under construction by the County to upgrade the roadway from four to six lanes. Much of the existing beautification will be removed as a result of these improvements, and the remaining landscaping will not provide the aesthetic continuity desired. Per the original maintenance agreement the City signed with Palm Beach County, the City would have been required to remove the landscaping and not be afforded any reimbursement or replacement value. The City contacted the County Commissioners regarding their policies and encouraged them to consider changing them to either include landscaping in their projects as the FDOT now does, or to offer mechanism for reimbursement. As a result the County will reimburse the City $300,000 for in'igafion and landscaping needed to replace these materials. The new agreement outlines the terms and conditions under which the County will provide this funding, and will supersede the old agreement. RECOMMENDATION Staffrecommends the City Commission give favorable consideration to the Financial Assistance Agreement between the City and Palm Beach County to reimburse the City up to Three-hundred thousand dollars for the replacement of irrigation and landscaping on Linton Boulevard between Congress Avenue and Military Trail. <gO Depa1~menC o! l~nftneerinf and Public Works EO. Box 21229 West Palm Beach. FL 33416-1229 (561) 684-4000 www. pbcgov.com Palm Beach County Board of County Commissioners Karen T. Marcus, Chair Tony Masilotti, Vice Chairman Jeff Koons Warren H. Newell Mary McCarty Addie L. Greene County Agmlnlst~ator Robert Weisman June 18, 2003 Nancy Davilla City of Delray Beach 100 NWFimtAvenue Delray Beach, FL 33444 RE: Financial Assistance Agreement for Linton Boulevard From Military Trail to Congress Avenue - Beautification Dear Ms. Davilla: Enclosed are two originals of the above-referenced Financial Assistance Agreement which provide the terms under which reimbursement for the beautification project can occur. Please have both originals executed by the Mayor or other official designated by the City Commission, 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 Chair, 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, OFFICE OF THE COLIINTY ENGINEER Manager - Streetscape Section Attachments: Two originals of the Beautification Agreement pc: George T. Webb, P.E., County Engineer G. Haney Frakes, Jr., P.E., Assistant County Engineer Marlene Everitt, Assistant County Attorney Richard Farquhar, Administrative Services Division (with Agreement) Jason Weber - Streetscape Section File: Municipalities - City of Delray Beach Roads - Linton Boulevard f\median~ash~2003AGMTS\LintonBIvd061803TraosLtr.wpd 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF DELRAY BEACH UNTON BOULEVARD - BEAUTIFICATION THIS INTER-LOCAL AGREEMENT is made and entered into this __ day of ,2903, by and between the CiTY OF DELRAY BEACH a political subdivision 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 installed and has maintained (since approximately 1988) roadway beautification in the form of irrigated landscaping in the right of way of Llnton Boulevard between Military Trail and Congress Avenue; and WHEREAS, the COUNTY, with its project to six-lane the existing four-lane section of Linton Boulevard from Military Trail to Congress Avenue must remove much of the CITY's beautification in order to accomplish its road widening project; and WHEREAS, the remaining beautification will not provide the desired and intended aesthetic benefits of roadway beautification; and WHEREAS, following the completion of the COUNTY's roadway widening project, CITY desires to replace its COUNTY-removed beautification, as well as its remaining beautification with new beautification in the form of irrigated landscaping (hereinafter, "IMPROVEMENTS"); and WHEREAS, the COUNTY believes that these efforts by the CITY serve a public purpose in the enhancement of the appearance of this thoroughfare and wishes to support the CITY's efforts to install the IMPROVEMENTS by providing reimbursement funding for the documented cost of the IMPROVEMENTS in an amount not to exceed THREE HUNDRED THOUSAND AND 09/100 DOLLARS ($300,000.09); and WHEREAS, this amount is consistent with the COUNTY's policies under its OTIS (Only, Trees, Irrigation, and Sod) Program; and 1 2 3 4 5 6 7 8 9 10 12 13 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, after installation, the CITY will be responsible for the perpetual maintenance of the IMPROVEMENTS; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. The above recitals are true, correct and ara incorporated herein. 2. The COUNTY agrees to provide to the CITY reimbursement funding for documented cost of the IMPROVEMENTS in an amount not to exceed THREE HUNDRED THOUSAND AND 001100 DOLLARS ($300,000.00). 3. The COUNTY agrees to reimburse the CITY the amount established in paragraph 2 for costs (materials and labor) associated with installation of the IMPROVEMENTS, upon the CITY's submission of acceptable documentation needed to substantiate their costs for the IMPROVEMENTS. The COUNTY will use its best efforts to provide said funds to the CITY on a reimbursement basis within forty-five (45) days of receipt of all information required in Paragraph 6, below. 4. The COUNTY's obligation is limited to its payment obligation and shall have no obligation to any other person or entity. 5. The CITY agrees to assume all responsibility for design, bidding, contract preparation, and contract administration for the installation of the IMPROVEMENTS, including payment(s) to contractor(s), pursuant to all applicable governmental laws and regulations and will comply with all applicable governmental landscaping codes and permitting requirements in the selection and installation of the IMPROVEMENTS. The CITY agrees to install the IMPROVEMENTS substantially in accordance with the plans, specifications and costs as approved in the permitting process by the COUNTY. Otherwise, the COUNTY will have the 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 Registerad Landscape Architect experienced in roadway planting and familiar with the COUNTY's Streetscape Standards Manual. -2- 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 ~9 20 21 22 23 24 25 26 6. The CITY will obtain or provide all labor and materials necessary for the installation of the IMPROVEMENTS. The COUNTY shall have the final determination of eligibility for reimbursement. The CITY shall furnish the Manager, Streetscape Section, 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 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 I 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 Contractual 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. ~ shall maintain adequate records to justify all charges, expenses, and costs incurred in performing the IMPROVEMENTS for at least three (3) years after the completion of such IMPROVEMENTS. COUNTY shall have access to all books, records and documents as required in this Section for the purpose of inspection or audit during normal business hours. -3r 2 3 4 5 6 7 8 9 10 13 16 17 18 19 20 22 23 24 25 8. The CITY agrees to be responsible for the perpetual maintenance of the IMPROVEMENTS following the installation and shall be solely responsible for obtaining and complying with all necessary permits, approvals, and authorizations from any federal, state, regional, or COUNTY agency which are required for the subsequent maintenance of the IMPROVEMENTS. 9. All installation of these IMPROVEMENTS shall be completed and final invoices submitted to the COUNTY no later than December 31, 2004, and the COUNTY shall have no obligation to the CITY or any other entity or person for any cost incurred thereafter unless the time for completion is extended by modification of this Agreement as provided herein. t0. The CITY recognizes that it is an independent contractor, and not an agent or servant of the COUNTY or its Board of County Commissioners. In the event a claim or lawsuit is brought against the COUNTY, its officers, employees, servants or agents, relating to the IMPROVEMENTS or any item which is the responsibility of the CITY, the CITY hereby 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 judgments of any type whatsoever arising out of or relating to the existence of the IMPROVEMENTS or the pedormance by the CITY as may relate to this Agreement. The CITY agrees to pay all costs, attorney's fees and expenses incurred by the COUNTY, its officers, employees, servants or agents in connection with such claims, liabilities or suits except as may be incurred due to the negligence of the COUNTY. 1'1. The CITY shall, at all times during the term of this Agreement (the installation and existence of the IMPROVEMENTS), maintain in force its status as an insured municipality. -4- 2 3 4 5 6 7 8 9 ~0 12 ~3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 date hereof. This notice is required by F.S. 287.133(3)(a). 13. 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 001100 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 Statute 255.05. 14. 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 elects to discontinue 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 on the COUNTY's rights-of-way to a condition acceptable to the County Engineer, which shall be in accordance with Federal, State and COUNTY standards for road construction and/or maintenance. 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. -5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 15. The CITY's termination of this AGREEMENT shall result all obligations of the COUNTY for funding contemplated herein to be canceled. 16. The COUNTY and the CITY agree that no person shall, on the grounds of race, color, national origin, sexual orientation, religion or creed, sex, age, or handicap be discriminated against in pertormance of the Agreement. 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 under this Agreement shall be in writing, and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the following: AS TO THE COUNTY Manager, Streetscape Section Palm Beach County Department of Engineering and Public Works Post Office Box 21229 West Palm Beach, Florida 33416-1229 AS TO THE CITY City Manager City of Delray Beach 100 NW 1'~ Avenue Delray Beach, FL 33444 19. This Agreement shall be construed and 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. -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ~8 19 20 22 23 24 25 26 27 28 20. Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne bythe respective parties; provided, however, that this clause pertains only to the parties to the Agreement. 21. Except as expressly permitted herein to the contrary, no modification, amendment, or alteration in the terms or conditions contained herein shal~ 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 the CITY will comply with all applicable governmental landscaping codes in the 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 (or parties). Nothing contained herein shall be construed as a waiver, by any of the )arties, of the liability limits established in Section 766.28, Florida Statutes. 24. The CITY shall promptly notify the COUNTY of any lawsuit-related :omplaint, 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 any of the )arties is in default of its obligations under this Agreement, the parties not in default ~hal! provide to the defaulting party thirty (30) days written notice before exercising any of their 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 constreint, be construed more severely against one of the parties than the other. 27. This Agreement represents the entire understanding among the parties, and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. -7- 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. INTENTIONALLY LEFT BLANK -8- 10 11 12 13 14 15 16 18 19 20 22 23 24 25 26 27 IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the date first above written. CITY OF DELRAY BEACH CITY SEAL) BY ITS CITY COMMISSION %TTEST: By:. By: CITY CLERK MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: CITY ATTORNEY PALM BEACH COUNTY =OUNTYSEA~ PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS ~TTEST: DOROTHY H. WILKEN, CLERK By:. By: DEPUTY CLERK KAREN T. MARCUS, CHAIR APPROVED AS TO FORM AND LEGAL SUFFICIENCY ASSISTANT COUNTY ATTORNEY APPROVED AS TO TERMS AND CONDITIONS BY: -9- PALM BEACH COUNTY Attachment A ENGINEERING & PUBLIC WORKS DEPARTMENT CONTRACT PAYMENT REQUEST 3illing # tem =onsulting Services =ontractual Services ~4aterials, Supplies, Direct Purchases 3rantee Stock _=q uipment, Furniture [OTAL PROJECT COSTS =ertification: I hereby certify that the above ~vere incurred for the work identified as being ~ccomplished in the attached progress reports. ~.dministrator/Date (Project) Request Date Billing Period PROJECT PAYMENT SUMMARY Project Costs Cumulative This Billing Project Costs Total Project Costs Certification: I hereby certify that the documen- tation has been maintained as required to support the project expenses reported above and is avail- able for audit upon request. Financial Officer/Date PBC USE ONLY County Funding Participation Total Project Cost Total project costs to date County obligation to date County retainage (~%) County funds previously disbursed County funds due this billing Reviewed and Approved by: ($ ($. PBC Project Administrator/Date Assistant County Engineer or Fiscal Manager/Date Page 1 of 2 [lTV OF OELRI:I¥ BEiI[H CITY ITTORNEY'S OFFICE 200 Nw 1st AVENUE-DEL.AY.EACH, FLO.,DA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BF. ACH DATE: TO: FROM: SUBJECT: MEMORANDUM August 13, 2003 City Commission Susan A. Ruby, City Attorney Vosburqh v. City of Delray Beach Wdter's Direct Line: 561/243-7091 The above case was served on the City on July 29, 2003 and arises out of an officer involved shooting, which resulted in the death of William Vosburgh. The incident occurred on July 12, 2002. The suit contains counts against a City Police Officer in his individual capacity, and against the City. Our office recommends the appointment of outside counsel for the police officer in this case. It is our recommendation that Fred Gelston, Esq. be appointed to represent the Police Officer. The cost of his representation is $110.00 per hour. Cathy Kozol will represent the City. By copy of this memorandum to David Harden, City Manager, our office requests that this item be placed on the August 19, 2003 City Commission agenda. Please so not hesitate to call me if you have any questions. SAR~ Cc: David 171'arden, City Manager Cathy Kozol, Police Legal Advisor Barbara Garito, City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # ~)['~ - REGULAR MEETING OF AUGUST 19. 2003 REPORT OF APPEAI.ABLE LAND DEVELOPMENT BOARD ACTIONS DATE: AUGUST 15, 2003 Attached is the Report of Appealable Land Use Items for the period August 4, 2003 through August 15, 2003. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\City Clexk\chevelle folder\agenda memo~\apagmem.8.19.03 TO: THRU: FROM: SUBJECT: D V,O't).ArDE MA.AGEr /~SMIN ALLEN, PLANNER MEETING OF AUGUST 19, 2003 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS AUGUST 4, 2003 THRU AUGUST 15, 2003 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of August 4, 2003 through August 15, 2003. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies, in summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No Regular Meeting of the Planning and Zoning Board was held during this period. A. Denied (6 to 0, Roger Cope absent), a request for a waiver to allow a free standing sign to exceed the height and size requirement for Delray Professional Center, an existing office complex, located on the east side of South Military Trail, approximately 1300 feet south of Lake Ida Road (14000 South Military Trail). The Board denied the request as they felt the desired effect could still be maintained by reducing the sign. B. Approved (6 to 0), a request for a color change for Jardin Del Mar, an existing condominium development located at the southwest corner of Ingraham Avenue and Ocean Boulevard (200 South Ocean Boulevard). City Commission Documentation Appealable Items Meeting of August 19, 2003 Page 2 C. Approved (6 to 0), a request for a color change for Delray Park of Commerce Tract "E" an existing industrial building, located on the east side of NW 17th Avenue, north of Lake Ida Road within the Delray Park of Commerce (1025 NW 17th Avenue). D. Approved with conditions (6 to 0), a request for a color change for Warehouse Home Furniture, an existing commercial building, located at the northwest corner of West Atlantic Avenue and the CSX Railway (1701 West Atlantic Avenue). E. Approved (6 to 0), a Class I site plan modification and architectural elevation plan associated with the elimination of an existing vestibule and installation of a new store front at the former Winn Dixie Store at the South Delray Shopping Center, located at the northeast corner of South Federal Highway and Lindell Boulevard (3001 & 3195 South Federal Highway). F. Approved (6 to 0), a Class I site plan modification and architectural elevation plan associated with the installation of a new store front and awning color chan~e for Peter's Stone Crab, located on the north side of East Atlantic Avenue, east of SE 4"' Avenue (411 East Atlantic Avenue). G. Denied 3 to 2, (Eliopoulos stepped down and Mayer Abbo and Mark Gregory dissenting), a Class I site plan modification associated with the elimination of a proposed tot lot for Mallory Square, located on the south side of SE 3rd Street, between the Federal Highway pairs (310 SE 6th Avenue). H. Approved (5 to 0, Dan Carter stepped down), a Class II site plan modification associated with the installation of a new 15-space parking lot and landscaping for Church of God by Faith, located on the west side of NW 6th Avenue, between NW 3rd Street and NW 4th Street (338 NW 6th Avenue). Concurrently, the Board granted a waiver to reduce the required 5 ' landscape strip along a portion of the north and south property lines to 4.5' and 2' respectively. Approved with conditions (6 to 0), a Class II site plan modification and the architectural elevation plan for the Delray Beach Public Library, located at the southeast corner of West Atlantic Avenue and SW 2nd Avenue (104-132 West Atlantic Avenue). J. Approved with conditions (6 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the construction of a 2,073 square foot building addition for Plastridge Insurance Agency, located north of George Bush Boulevard, between the Federal Highway pairs (820 North Federal Highway). K. Approved (6 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the construction of two new multi-purpose church buildings totaling 5,568 sq. ft. for Seacrest Presbyterian Church, located at the southeast corner of Seacrest Avenue and Gulf Stream Boulevard (2703 Seacrest Boulevard). L. The motion to approve failed on a 4 to 2 vote (Eliopoulos, Carter, Stewart and Dowd dissenting), for the architectural elevation plan associated with the construction of a new 3,596 sq. ft. carwash/get ready building for Borton Motors, located on the east side of North Federal Highway, south of Gulf Stream Boulevard (2201 North Federal Highway). The Board requested that since the City Commission Documentation Appealable Items Meeting of August 19, 2003 Page 3 building was visible from North Federal Highway, the applicant provide additional architectural embellishment to the metal building. 1. Approved (5 to 0, William Branning absent, Francisco Perez-Azua stepped down), a Class III site plan modification, landscape plan, architectural elevation plan and a Certificate of Appropriateness associated with the conversion of retail space to restaurant for Tapas, located on the south side of East Atlantic Avenue, east of Swinton Avenue (8 East Atlantic Avenue). Concurrently, the Board granted a waiver to reduce the landscape strip on the north property line from 5' to 3' and on the south property line from 5' to 2.5'. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - August 19, 2003 $.P.R.A.B.: TRACT"E" D. WAREHOUSE HOME FURNITURE E. SOUTH DELRA Y SHOPPING CENTER F. PETER'S STONE CRAB G. MALLORY SQUARE H. CHURCH OF GOD BY FAITH I. DELRAY BEACH ClTY LIBRARY J. PLASTRIDGE INSURANCE AGENCY K, SEACRES T PRESBYTERIAN CHURCH L. BORTON MOTORS H.P.B.: 1. TAPAS ! TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS [fl~/~CITY MANAGER AGENDA ITEM # ~/'~ - REGULAR MEETING OF AUGUST 19. 2003 AWARD OF BIDS AND CONTRACTS AUGUST 15, 2003 This is before the City Commission to approve the award of the following bids: Contract award to Stokes Mechanical Contractor at an estimated annual cost of $18,470.00 for plumbing services and repairs for various City buildings. Funding is available from various departmental FY 2003-2004 operating budgets. Contract award to BCH Mechanical d/b/a Conserves Building Services in the total amount of $77,356.00 for a three (3) year term for the maintenance and service of the HVAC Chiller, Tracer Unit located at City Hall. The total amount includes $12,644 for the first year, $13,024 per year for the second and third years, and $38,664 for the condenser coil. Funding is available from 001-1802-512-46.20 (General Fund/Equipment Maintenance) and 334-6112-519-46.10 (General Construction Fund/Building Maintenance). Purchase award to Chemical Lime Company at an estimated annual cost of $564,192.00 via the City of Boynton Beach Co-op Bid #064-2821-03/JA for bulk quicklime for the City of Delray Beach. Funding is available from 441-5122-536-51.21 (2003-2004 Budget). Recommend approval of the above bids and purchases. ~\City Clerk\chevelle folder\agenda memo\Bid Memo.& 19.03 MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Jacklyn Rooney, Purchasing Manager Joseph Saffor~ce Director August 13, 2003 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING AUGUST 19, 2003 - BID AWARD - BID #2003-49 PLUMBING SERVICES & REPAIRS - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve the bid award to Stokes Mechanical Contractor for Plumbing Services and Repairs for various City Buildings located in the City of Delray Beach for an estimated annual cost of $18,470. Background: One (1) bid was received on July 23, 2003 all in accordance with City purchasing policies and procedures. (Bid #2003-49. Documentation on file in the Purchasing Office.) A bid tabulation is attached for your review. Purchasing contacted some of the vendors who picked up bid packages to inquire as to why they did not submit a bid package. Comments were as stated on the attached memo dated July 29, 2003 to Interim Director Public Works. The Interim Deputy Director Public Works is recommending award to Stokes Mechanical Contractor based on past experience and they are the current vendor for the city for this plumbing contract. See attached memo dated August 07, 2003. Recommendation: Staff recommends award to Stokes Mechanical Contractor for plumbing services and repairs at various City Buildings for an estimated annual cost of $18,470.00. Funding from various department's operating budget. Attachments: Tabulation of Bids Memo from Interim Director Public Works CITY OF DELRAY BEACH BID # 2O03-47 PLUMBING SERVICES AND REPAIRS July 23, 2003 Stokes Mechanical Item Description Contractor I. HOURLY RATE OF LABOR: A. 7:30 a.m. - 4:30 p.m., Monday - Friday 1. Plumber Journeyman (Rate per hour) $65.00 /hr. (Rate per year est. ~ 200 hrs./ $13,000.00 2. Plumber Apprentice (Rate per hour) $50.00 /hr. (Rate per year est. (~ 20 hrs.) $1,000.00 B. After Hours (Overtime-Emer~lenc¥ Calls) 3. Plumber Journeyman (Rate per hour) $97.50 /hr. (Rate per year est. ~ 12 hrs.) $1,170.00 4. Plumber Apprentice (Rate per hour) $75.00 /hr. (Rate per year est. ~ 4 hrs.) $300.00 II. PERCENTAGE MARK-UP (PARTS AND MATERIALS): 5. Percentage mark-up 50% Amount per year est. ~ $2,000 x mark-up % $1,000.00 6. Total annual cost for materials + mark-up $3,000.00 GRAND TOTAL (Items 1,2, 3, 4, and 6) $18,470.00 REF:s:~finance~purchasing~plumbing.xls~8/5/2003 MEMO £1T¥ IlF nELIII1¥ PURCHASING DIVISION TO: FROM: THROUGH: DATE: Rich Olson, Interim Deputy Director Public Works ' Jackie Rooney, Pumhasing Manager (~ Joseph Safford,(i~ce Director July 29,2003 SUBJECT: Bid #2003-47 Plumbing Service and Repairs Annual Contract Attached is a copy of the one (1) bid received for the above referenced bid. The vendor who did respond, Stokes Mechanical Contractor, is our current contractor who has had this contract for the last three years. Bids were advertised on Sunday, June 29, 2003. The bid package was picked up by nine (9) vendors which included the Construction Bulletin and Construction Journal.com. The bid was also advertised on the internet. Two (2) uStatement of No Bid" forms were received from two (2) vendors, one vendor stated "Specifications too tight" and the other vendor stated ~/Ve do not offer this service". Purchasing placed calls to the other two (2) other vendors who did not submit a bid to ask why they did not bid on this contract and their responses were as follows: "just slipped through the crack and I did not respond in time", and the other response received was "bid specifications too complicated. Asking for too much information and you should have an option in the bid specifications for bidders to increase the cost of materials". Please review the attached and forward to Purchasing your award recommendation and I will proceed with the Commission Agenda request. If you have any questions, you may contact me at ext. 7163. Attachments PUBLIC WORKS MEMORANDUM To-' Jackie Rooney, Purchasing Supervisor From: Richard C. Olson, Interim Director Public Works Jim Schmitz, Building Maintenance Superintendent Date: August 7, 2003 Re'- Plumbing Service and Repair Annual Contract On July 23, 2003 the Purchasing Department opened bids for the City's Plumbing Service and Repair Annual Contract. The City received only one bid from Stokes Mechanical. Stokes has been the City's plumbing contractor for the past six years. They also provide all plumbing set up and take down associated with the International Tennis Tournament. Their performance in the past has been satisfactory. The hourly rate and mark up percentage for materials incorporated into their bid seems to be competitive and well within market parameters. However, their hourly rate for a journeyman plumber and apprentice has increased from our existing contract. Stokes presently charges the City $55.00 per hour for a journeyman. The new rate will be $65.00 per hour. Stokes rate for an apprentice plumber will increase by $5.00 per hour bringing that rate to $50.00 per hour. In reviewing the bid document that Stokes submitted an error was noticed on their schedule of pricing sheet. Stokes had bid a percentage mark up of 50% based on estimated material cost of $2,000.00 their total annual mark up would be $1,000.00 instead of $3,000.00. I verified this error with Mark Harwell, Stokes representative on August 5, 2003. I recommend we award bid # 2003-47 to Stokes Mechanical in the amount of $18,470.00. RCO:jaf Bid200347.doc MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Jacklyn Rooney, Purchasing Manager Joseph Safford,~e Director August 13, 2003 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING AUGUST 19, 2003 - BID AWARD - BID #2003-41 MAINTENANCE & SERVICES HVAC CHILLER, TRACER UNIT AT CITY HALL - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve bid award to BCH Mechanical d/b/a Conserves Building Services for a three (3) year maintenance and service contract for HVAC Chiller, Tracer Unit located at City Hall and the replacement of the condenser coil. The total cost of year one (1) would be $12,644 and the corresponding years two and three would be $13,024 per year, and award of the Alternate Bid item for the replacement of the condenser coil, factory dipped, at a total cost of $38,664. Background: Eight (8) bids were received on June 11, 2003, all in accordance with City purchasing policies and procedures. (Bid #2003-41. Documentation on file in the Purchasing Office.) A bid tabulation is attached for your review. The Interim Deputy Director Public Works recommends award to BCH Mechanical d/b/a Conserves Building Services as stated on attached memo dated August 07, 2003. The City will receive the discounted pricing if the award is approved for the Alternate Bid Item - Replacment of the Condenser Coil as shown on attached tab sheet. Reconunendation: Staff recommends award to BCH Mechanical d/b/a Conserves Building Services for the Maintenance and Service for the HVAC Chiller, Tracer Unit located at City Hall for the total cost of $12,644 for year one (1) from 2003-2004 budget account code 001-1802-512-46.20. A purchase order to be issued after October 1, 2003 for the condenser coil for total amount of $38,664 from the 334-6112-519-46.10. Attachments: Tabulation of Bids Memo fi-om Interim Director Public Works PUBLIC WORKS MEMORANDUM To: Jackie Rooney, Purchasing Supervisor From: Richard C. Olson, Interim Director Public Works Date: August 7, 2003 Re: Maintenance and Service for HVAC Chiller, Tracer Unit at City Hall Bid # 2003-41 On June 11, 2003 the City of Delray Beach opened bids on the maintenance and service for the HVAC Chiller, Tracer Unit bid # 2003-41. A total of eight vendors supplied bids. Prior to the bid opening a pre-bid meeting was held on June 3, 2003 to review the bid specifications and also to address any questions of bidders. The bids were evaluated on the premise that the condenser coil would need replacement within the first year of the contract. The three low bidders were: BCH Mechanical d/b/a Conserves Building Services at $77,356.00, Engineer Comfort at $88,670.00, and Atlantic Refrigeration at $98,264.00. Public Works Department with the aid of MIS visited each vendor to determine if the contractor had the necessary in house capabilities to monitor the City Hall chiller, tracer unit through a 24 hour telephone dialer. Each vendor was able to access our equipment using in-house instrumentation. All three bidders have at least five qualified and certified technicians currently servicing customers. They all have access to Trane replacement parts within a 24 hour period and all three have done extensive chiller installation. Their technicians carry lap top computers, software, and tools needed to service the chiller system at City Hall. We requested that each vendor provide us a list of at least 5 customers who have ice making chillers. When we checked the references all received glowing recommendations from their customers as one would expect. Since the lowest three vendors all have the same equipment capabilities and expertise I recommend that we go with BCH Mechanical d/b/a Conserve Building Services. Furthermore, I believe that a purchase order should accompany the award for the replacement of the condenser coil, which would occur in January or February when the weather is more seasonable. RCO:jaf File/u/fischer/purchasing/bid200341 .doc MEMORANDUM TO: FROM: THROUGH: Robert A. Barcinksi, Assistant City Manger Jacklyn Rooney, Purchasing Manager t~ Joseph Saffor~nce Director DATE: August 14, 2003 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING AUGUST 19, 2003 - BID AWARD - PUCHASE OF BULK QUICKLIME FROM CHEMICAL LIME COMPANY VIA THE CITY OF BOYNTON BEACH CO-OP BID//064-2821-03/JA Item Before Commission: City Commission is requested to approve the award for the purchase of bulk quicklime from Chemical Lime Company via the City of Boynton Beach Co-op Bid #064-2821-03/JA at an estimated annual cost of $564,192. Backgrotmd: The City of Boynton Beach is the lead agency for this cooperative bid. Bids were received on June 24, 2003 fi'om three (3) vendors based on estimated annual quantities of the participating governmental entities of this co-op bid. (Documentation on file in the Purchasing Office). A tabulation of bids is attached for your review. The City of Boynton Beach awarded this Co-op Bid to Chemical Lime Company at their City Commission meeting of August 05, 2003. See attached award letter dated August 11, 2003 to Chemical Lime. The Manager of the Water Treatment Plant agrees with the recommended award to Chemical Lime Company as stated on attached memo dated August 14, 2003. Recommendation: Staff recommends award to Chemical Lime Company for the purchase of bulk quicklime at an estimated annual cost of $564,192. Funding from account code 441-5122-536-52.21 (fiscal year 2003 - 2004). Attachments: Tabulation of Bids Award Letter City of Boynton Beach Memo Manager Water Treatment Plant The City of Boynton Beach August 11, 2003 CHEMICAL LIME P.O. BOX 1137 MULBERRY, FL 33860 ATTN: JOHN THOMPSON "ANNUAL CO-OP BULK QUICKLIME", BID # 064-2821-03/JA CONTRACT PERIOD: AUGUST 5, 2003 TO AUGUST 4, 2004 Dear Mr. Thompson: At the City Commission meeting of August 5, 2003, the Bid for "ANNUAL CO-OP BULK QUICKLIME" was awarded to your company. As stipulated within the Bid specifications, your company's original certificate of insurance is to be provided to our Risk Management Department at your earliest convenience, naming the City as additionally insured. We would like to thank you for responding to this Bid and look forward to working with you. A tabulation sheet is enclosed for your review. Upon receipt of your insurance certificate, a Purchase Order will be issued on an "as needed" basis. If you have any questions regarding this project, please call this office at (561) 742-6322. Sincerely, Bill Atkins Deputy Director of Financial Services /kbs Enclosure: Tabulation Sheet cc: Bob Kenyon - Deputy Director of Utilities Tom Fitzgerald - Utilities Barb Conboy - Utilities Manager City of Deb'ay Beach - Jackie Rooney City of Lake Worth - Robert Douglas City of Riviera Beach- Bessie Brown City of West Palm Beach - Donna Levengood So. Central Regional WWTP- Bdan Gayosa Town of Highland - Jack Lee Village of Wellington - James Volkman Central File File ~zz Om ffi ~w z~ ~zz ,._lTl ~, ...m. ~J "~0 m Ru~ 14 03 09:20a City o~ Delra~ Beach CITY OF DELRA¥ ~EACH 7?4 PO~ AUG 14 ~0~ 13/ aF UELIB TO: FROM: THROUGF SUBJECT: DATE: The City of and deliver The City of received p, The City of Commissie increase fn If you appn proceed wi' estimated ton would If you hav~ Approval: J~ohn~Bulla~ Manager '~, Attachmenl Cc: Oan B, PURCHASING DIVISION John Bullard, Manager Water Treatment Plant Jackie Rooney, Purchasing Manage~- Joseph Safford, Finance Director Co-op Bid - Bulk Quicklime August 14, 2003 Boynton Beach is the lead entity for the Co-op Bid for the purchase ' of Bulk Quicklime. ~oynton Beach opened bids on June 24, 3003. Three bids were ,r attached tabula{ion of bids. Boynton Beach awarded this Co-op Bid to Chemical Lime at their City meeting of April 05, 2003 for a total of $117.56 per ton. This is an ~m the last bid award of $13.89 per ton. ~ve of this award to Chemical Lime, please sign below and I will h the Commission Agenda for the meeting of August 19, 2003. The nnual usage for the City of Delray Beach is 4800 tons @ $117.54 per e $564, t 92 (4800 tons @$117.56 per ton = $564,192 ). any questions, please contact me at ext. 7163, Thanks. ater Treatment Plant Date ,arty, Deputy Director of Public Utilities MEMORY TRANSMISSION REPORT TIME : APR 24 ~03 14:14 TEL NUMBER : 5612457166 NAME : CITY OF DELRAY BEACH NBR FILE DATE TIME DURATION PGS TO DEPT NBA MODE STATUS 55? 30 APR. 24 14:13 00/36 i 9?426306 EC M OK iCO-OP SURVEY SHEET CO-OP BULK QUICI(I JME 1. PRODUCTS: Bulk Quicklime 2. ANTIC~ATED ANqffUAL VOL~E P_ER DELIVERY_ LOCATION (in 20( 2004) 26.5 tons 3. TOTA~.A?TICIPATED ~ANNIJAL VOLLrME 4800 tons .... · Tret e t Plant 4. R~EQLrfREDDELrVERYLOCATION(S) ~88 ~.W. ~t~ ~treat, Delray 5, SPECIFICATIONS APPROVED YES? ...X IF NO, STATE OBJECTION 6. SPECIAL REQUIREMENTS: None ieaeh BELOW. 7. RECOMMENDED VENDORS: Chemical Lime 8. NPdVlE OF CITY ORGg~NIZATION: .,, City of Delray Beach Water Tre~ ADDPd~SS: 200 S.W. 6th $treet, Delray Beach, FL 33444 PHONE: 561 243 7318 ~AIV[]~ / TITLE RESPONDENT: John Bullard Water Treatment plant SIGNATUKE: Jackte SUBMITTED DATE: 04/24/03 FAX SURVEY TO: CITY OF BOYNTON BEACH, PROCUREMENT SERVICI ATTN: IANET ALLEN FAX #: (561) 742-6306 QUESTIONS: (561) 742-6322 :merit Plant {anager NOTE: RESPONSES ARE DUE BY: APRIL, 24, 2003 TO: THRU: FROM: SUBJECT: DAVID T~'~,RDEN, C,t{'FY MANAGER PA F PLANNING AND ZONING ROBERT G. TEFFT, PLANNER MEETING OF AUGUST 19, 2003 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A CHILD CARE FACILITY FOR THE CO'I-rAGE PRESCHOOL TO BE LOCATED AT THE NORTHEAST CORNER OF SOUTH SWINTON AVENUE AND SE 3R° STREET. The conditional use request is to convert an existing 1,287 square foot single family residence to a child care facility; construct a circular driveway for the use as a pick-up/drop-off area; convert the front and side yards to an outdoor play area; and, demolish the existing sheds to accommodate construction of a four space parking lot. The facility would accommodate 22 children ranging from 3 - 5 years in age in each of two sessions offered per day (8:30 a.m.-11:30 a.m. and 12:00 p.m.-4:00 p.m.). Additional background and analysis is found in the attached Planning and Zoning Board Staff Report. At a public hearing held on July 21, 2003, the Planning and Zoning Board considered the Conditional Use request. The Board had a concern with respect to the pick-up/drop-off area, specifically with regard to stacking distance and the drop-off procedure. Members from the public spoke on the item and voiced concerns with respect to the size of the use, the number of similar facilities existing in the area, and whether such a use should be allowed within a residential neighborhood. After a lengthy discussion on the stacking concerns, the receiving of children by the preschool staff, and the hours of the sessions the Board voted 4-1 (Borchardt dissenting with Morris and Woehlkens absent) to recommend to the City Commission approval of the Conditional Use request for the establishment of The Cottage Preschool, based upon positive findings with respect to Section 2.4.5(E) (5) and Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan, subject to the attached list of conditions. By motion, approve the Conditional Use request to establish a child care facility for The Cottage Preschool, based upon positive findings with respect to Section 2.4.5(E) (5) and Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan, subject to the attached list of conditions. Attachments: · Exhibit "A" (Recommended Conditions of Approval) · P~anning and Zoning Board Staff Report of July 21, 2003 EXHIBIT "A" RECOMMENDED CONDITIONS OF APPROVAL That the Site Plan Review and Appearance Board (SPRAB) approves a site plan that is in general conformance to the submitted sketch plan and incorporates all of the conditions of approval and technical items noted herein; 2. That enrollment for the child care facility is limited to 22 children per session and that there be only two sessions per day (8:30 a.m. - 11:30 a.m. and 12:00 p.m. - 4:00 p.m.); That the site plan and associated landscape plan are prepared to reflect the existing six foot high wood fence along the north property line, the new six foot high PVC fencing around the balance of the play area, and the installation a hedge at least four feet in height at the time of planting adjacent to the PVC fencing; 4. That a tree be planted every 25' along the north and east property lines to form a solid tree line; 5. That five parking spaces are provided or the proposal is modified to meet the parking requirements; 6. That a waiver to LDR Section 4.6.16(H) (3) (d), regarding the reduction of the required five foot wide landscaped area between the off-street parking area and the property to the north to a width of four feet is requested and obtained through the site plan application process; 7. That the applicant (preschool staff) provides assistance with regard to moving children in and out of vehicles; and, 8. That the sidewalk be extended along the full length of the pick-up/drop-off area. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. B. Conditional Use Request to Allow the Establishment of a Child Care Facility, Within the RM (Multiple Family Residential-Medium Density) Zoning Distdct for The Cottage Preschool. (Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant ......................... Melanie Genoyer Agent .......................................... June Sophia Location ...................................... Located at the Northeast Comer of Swinton Avenue and S.E. 34 Street. Property Size .............................. 0.24 Acres Future Land Use Map ................ MD (Medium Density, 5 - 12 Du/Acre) Current Zoning ............................ RM (Multiple Family Adjacent Zoning ................ North: East: South: West: Existing Land Use ...................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................. Residential - Medium Density) RM (Multiple Family Residential - Medium Density) RM (Multiple Family Residential - Medium Density) RM (Multiple Family Residential - Medium Density) R-1-A (Single Family Residential) Single Family Residence Conditional Use Request to Allow the Establishment of a Child Care Fadlity. Existing on site. Existing on site. ATLANTIC AVENUE ~~[111 Ill~ ~~~~~1 II I I IIIIIIIII I II 41111111 ~11111111 I IV. B. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a child care facility known as The Cottage Preschool, pursuant to Land Development Regulations (LDR) Section 2.4.5(E). The subject property is located at the northeast corner of South Swinton Avenue and SE 3rd Street (245 South Swinton Avenue). The 0.23 acre subject property consists of the south 75' of the west half of Block 71, Town of Delray and is zoned Multiple Family Residential - Medium Density (RM). The property consists of an existing 1,200 square foot single family residence and 87 square foot utility/storage room that was constructed in 1946. At its meeting of June 18, 2001, the Planning & Zoning Board considered a conditional use request to establish a 24-hour child care facility known as Grammy's Place. The Board had concerns with respect to the hours of operation at the proposed location and whether the facility would meet a neighborhood need. Members from the public spoke on the item and voiced concerns with respect to the use, the hours of operation, and the negative affect on property values. After discussion, the Board tabled the conditional use request with direction for staff to contact the Child Resource and Facility Center to see if there is a need for a 24-hour child care facility in Delray Beach. At the Board's subsequent meeting of July 16, 2001, staff presented additional information concerning the demand for child care facilities within the surrounding area. At the meeting, adjacent homeowners expressed concern with the proposed conditional use. The specific concerns regarded the potential adverse impact on surrounding properties with respect to degradation of property values as a result of the 24-hour component of the child care facility. After discussion, the Board recommended that the conditional use request be denied based upon a failure to make positive findings with respect to LDR Section 2.4.5(E) (5), in that the proposed use will have a significant detrimental effect on the stability of the neighborhood and will hinder development and redevelopment of nearby properties. At its meeting of July 24, 2001, the City Commission unanimously voted (5-0) to approval the requested conditional use for the establishment of a 24-hour child care facility, subject to certain conditions of approval. However, the applicant never submitted for site plan approval and the conditional use approval for the 24-hour child care facility expired on January 24, 2003. On June 6, 2003, an application was received requesting the approval of a conditional use to convert the existing single family residence to a child care facility to be known as The Cottage Preschool. This request is now before the Board for action. The development proposal includes the following: · Conversion of the existing 1,287 square foot single family residence to a child care facility; · Construction of a circular driveway for the use as a pick-up/drop-off area; Planning and Zoning Board Staff Report Conditional Use Approval for The Cottage Preschool - Child Care Facility Page 2 · Conversion of the side yard (north) and a portion of the front (west) to an outdoor play area; and, · Demolition of two existing sheds to accommodate construction of a four space parking lot. The applicant has submitted the following narrative that describes the operation: The Cottage Preschool will be open Monday through Friday from 8:30 a.m. until 4:00 p.m. There will be two sessions a day (8:30-11:30 and 12:00-4:00) with a maximum of 22 students in each session. These children will range in age from three to five years old. There will be three teachers working during each session. The Cottage Preschool will be a state licensed program based on science and the creative arts. There will also be a strong literature component with a collection of over 250 books. The inside of the cottage will be a large open space. Children will be a/lowed to move freely from the art studio, the library, the small "house", and the block building "castle". All learning materials will be made of natural materials, with the absence of electronic and plastic toys. There will be live music (performed by teacher) for the children each day, signing and story time, and natural food provided for snacks. The outdoor play area will offer science experiments (i.e. food coloring, and magnets), sand play, bike riding (within play area), swings, and a large wood porch to relax on. REQUIRED FINDINGS: (Chapter 3): Pursuant to LDR Section 3.'1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of Medium Density Residential (MD), which is consistent with the subject property's zoning district designation of Multiple Family Residential - Medium Density (RM). Pursuant to LDR Section 4.4.6(D) (3), within the RM zoning district, child care facilities are allowed as a conditional use. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Water and sewer plans are not required for the conditional use analysis. It is anticipated that water and sewer service will be provided via the existing service lateral connections to the existing water main within SE 3ra Street and the existing sewer main along the east side of the Planning and Zoning Board Staff Report Conditional Use Approval for The Cottage Preschool - Child Care Facility Page 3 subject property. A fire hydrant exists at the southeast corner of South Swinton Avenue and SE 3rd Street. No main extensions or upgrades are anticipated with this development proposal. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted level of service at the City's build-out population based on the current FLUM. Based on the above, this proposal should have little or no impact with respect to water and sewer service. Therefore, positive findings with respect to this level of service standard can be made. Drainage: Paving and drainage plans are not required for the conditional use analysis. It is anticipated that drainage will be accommodated via sheet flow to pervious/swale areas and/or the installation of an exfiltration trench system. However, it is noted that there is limited space that can be utilized for water retention, as the required play area cannot be used for water retention. If the conditional use request is approved, a paving and drainage plan must be provided with the submittal of the site plan. Streets and Traffic: Pursuant to LDR Section 2.4.3(E) (2), a traffic statement is required for land use applications that generate 200 or fewer Average Daily Trips (ADT). A traffic statement has been submitted that indicates that the proposed child care facility with 22 children in two sessions (44 total) will generate 98 new ADT. Adequate capacity exists on the surrounding roadway network to accommodate the traffic generated from the proposed use. Further, documentation has been received from the Palm Beach County Traffic Division indicating the development proposal meets the Traffic Performance Standards of Palm Beach County. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: The 1,287 square foot child care facility will generate 2.25 tons of solid waste per year [1,287 sq. ft. x 3.5 lbs. = 4,504.5 / 2,000 = 2.25 tons]. The trash generated by this proposal can be accommodated by existing facilities. Therefore, a positive finding with respect to this level of service standard can be made. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found: Planning and Zoning Board Staff Report Conditional Use Approval for The Cottage Preschool - Child Care Facility Page 4 Housin.q Element Policy A-12.3 - In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability, and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed use is surrounded by residential properties. The traffic generated by the development proposal will be minimal and will not have an adverse impact on the adjacent roadways. It is also noted that the subject property fronts on Swinton Avenue, which is a collector roadway. As the facility will operate between 8:30 am and 4:00 pm any noise generated by the play area is not a major concern. In order to limit potential impacts on the adjacent properties, adequate buffers must be provided for the outdoor play areas. The proposed play area will be completely enclosed by fencing. An existing six foot high wood fence will remain along the north property line. The proposed site plan depicts chain link and wood fencing ranging from three feet to six feet in height. However, discussions with the applicant have resulted in the agreement that a six foot high white PVC fence be provided around the south, east, and west sides of the play area. It is noted that in addition to the PVC fence a hedge four feet in height at the time of planting must be installed and is attached as a condition of approval. A five foot wide landscaped area is proposed along the north, south, and east perimeters of the parking area; however, pursuant to LDR Section 4.6.16(H) (3) (e), where commemial areas abut properties in residential use, one tree shall be planted every 25' to form a solid tree line. This would be required along the north and east property lines to buffer noise and lighting from the parking area to the adjacent residences. This item is attached as a condition of approval. Provided the above conditions of approval are addressed, the proposed child care facility will not have an adverse impact on the stability of the surrounding neighborhood. LDR SECTION 2.4.5(E) REQUIRED FINDINGS: Pursuant to Section 2.4.5(E) (5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north, south, and east by RM zoned properties and on the west by Single Family Residential (R-l-A) zoning. Single family homes exist to the north, south (across SE 3rd Street), east, and west (across South Swinton Avenue). As previously discussed, traffic generated by the proposal will be minimal and noise is not a concern based upon the hours of operation. Compatibility with the adjacent residential properties is not a concern provided the proposed child care facility addresses the attached conditions of approval, which includes the installation of required fencing around the play area and landscaped area to buffer the off-street parking. Thus, the proposed use will not have a detrimental effect upon the stability of the neighborhood, nor will it hinder development or redevelopment of nearby properties. Planning and Zoning Board Staff Report Conditional Use Approval for The Cottage Preschool - Child Care Facility Page 5 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted, which has been reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following technical comments have been identified: Off-Street Parking: Pursuant to LDR Section 4.6.9(C) (7) (h), child care facilities must provide one parking space per 300 square feet of total floor area. The 1,287 square foot facility requires five parking spaces and four are proposed within a parking area on the east side of the property. The plan did not include the existing utility/storage area in its parking calculations, thus the reason for the discrepancy in the required/provided parking. An additional parking space can be accommodated along the south side of the utility/storage area if a portion of the existing patio is removed. A condition of approval is that five parking spaces are provided or the proposal is modified to meet the parking requirements. Perimeter Landscape Buffer: Pursuant to LDR Section 4.6.16(H) (3) (d), a five foot wide landscaped area is required between the off-street parking area and the adjacent properties to the north and east. The proposal provides a 3.5' wide landscape strip exclusive of required curbing along the north side of the parking lot and a 4.5' wide landscape strip along the east side of the parking lot. The required 5' wide landscape strips must be provided or a waiver obtained from the Site Plan Review and Appearance Board (SPRAB). This item will be addressed further with the site plan submittal. Therefore, it is attached as a condition of approval is that the proposal is modified to provide the required 5' wide landscape strip or that a waiver to reduce the 5' landscaped strip is requested and obtained through the site plan application process. Right-of-Way Dedication: Pursuant to Table T-1 of the Transportation Element of the Comprehensive Plan, the ultimate right-of-way width for SE 3'd Street 60' and presently only 50' exists, thus an additional five feet would be required to be dedicated with the subject development proposal. However, at the Development Services Management Group (DSMG) meeting of July 17, 2003, a reduction in the required right-of-way width was approved to the existing width of 50', therefore no additional right-of-way needs to be dedicated. LDR Section 4.3.3(E) - Child Care Facilities Lot Ama: The minimum lot ama required for child care facilities is 7,500 square feet. The total lot area of the subject property is 10,125 square feet, thus this requirement has been met. Floor Area: Facilities shall contain a minimum floor area of 35 square feet per child, exclusive of space devoted to bathrooms, halls, kitchen, offices and storage. The structure contains a total of 1,287 square feet; 770 square feet of which is usable floor area per the above criteria. Thus, a maximum of 22 children is allowed. Outdoor Area: Them shall be a minimum of 75 square feet of outdoor play ama per child. The play area shall be located on the same lot as the principal use and shall not be Planning and Zoning Board Staff Report Conditional Use Approval for The Cottage Preschool - Child Care Facility Page 6 located in the front yard setback or adjacent to any outdoor storage area. The play area shall be surrounded by a six foot high fence or wall. The applicant has provided 1,652 square feet of outdoor play area, thus allowing for a maximum of 22 children. The play area does not encroach into the 25' front yard setback area and is to be completely enclosed by fencing. As previously discussed, an existing six foot high wood fence will be retained along the north property line, while new six foot high PVC fencing will be installed around the balance of the play area. Additionally, a hedge at least four feet in height at the time of planting must be planted adjacent to the PVC fencing. The provision of these items has been attached as a condition of approval. Loading Area: A pick-up and drop-off area for children shall be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building. A one-way 15' wide circular driveway taking access from SE 3rd Street is proposed on the south side of the property. The driveway will serve as the required pick-up and drop-off area for the child care facility, thus this requirement has been met. Provided the attached conditions of approval are addressed the application will comply with LDR Section 4.3.3(E). Technical Items: While the sketch plan has accommodated most of staff's concerns the following items remain outstanding, and must be addressed with the site plan application: Pursuant to LDR Section 4.6.16(H) (3) (n), all refuse areas and ground level air- conditioning equipment shall be screened. These items have not been depicted with the sketch plan and will need resolved with the site plan application; The existing floor plan depicts a new handicap ramp and platform at the rear of the building. The proposed floor plan does not depict this. Clarification of this issue and the provision of greater detail as to how handicap access is being provided from the handicap parking space and from the circular driveway into the building must be submitted; Pursuant to LDR Section 4.6.16(H) (3) (n), all refuse areas and ground level air- conditioning equipment shall be screened. These items have not been depicted with the sketch plan and will need resolved with the site plan application; and, The existing floor plan depicts a new handicap ramp and platform at the rear of the building. The proposed floor plan does not depict this. Clarify this issue and provide greater detail as to how handicap access is being provided from the handicap parking space and from the circular driveway into the building. The development proposal is not located within a geographical area requiring review by the Downtown Development Authority (DDA). Community Redevelopment ARency (CRA): The CRA recommended approval of this item at their meeting of June 26, 2003. Planning and Zoning Board Staff Report Conditional Use Approval for The Cottage Preschool - Child Care Facility Page 7 Site Plan Review and Appearance Board (SPRAB): If conditional use approval is granted, a site plan application must be submitted accommodating all of the conditions of the conditional use approval. Final action on the site plan submittal will rest with the SPRAB. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: · Osceola Park · President's Council · Progressive Residents of Delray Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The conditional use request is to convert the existing single family residence to accommodate the establishment of a child care facility. Traffic generated by the proposal will be minimal and will not negatively impact the adjacent roadways. Noise is not a concern as the hours of operation will be from 8:30 am to 4:00 pm. Provided the conditions of approval are addressed there should be no compatibility issues associated with the proposed development. Compliance with the Land Development Regulations will also occur once the conditions of approval are addressed. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Further, positive findings can be made with respect to LDR Section 2.4.5(E) (5) regarding the compatibility of the proposed use with the surrounding properties. A. Continue with direction. Recommend to the City Commission approval of the Conditional Use request to establish a child care facility (The Cottage Preschool), based upon positive findings with respect to Section 2.4.5(E) (5) and Chapter 3 of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the attached conditions of approval. C. Recommend to the City Commission denial of the Conditional Use request to establish a child care facility (The Cottage Preschool), based upon a failure to make positive findings with respect to compliance with the Land Development Regulations, Housing Element Policy A-12.3 and LDR Section 2.4.5(E), that the proposal will have a detrimental effect on the stability of the neighborhood and will hinder development or redevelopment of nearby properties. Planning and Zoning Board Staff Report Conditional Use Approval for The Cottage Preschool - Child Care Facility Page 8 Recommend to the City Commission approval of the Conditional Use request to establish a child care facility (The Cottage Preschool), based upon positive findings with respect to Section 2.4.5(E) (5) and Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan, subject to the following conditions: That the SPRAB approves a site plan that is in general conformance to the submitted sketch plan and incorporates all of the conditions of approval and technical items noted herein; 2. That enrollment for the child care facility is limited to 22 children per session and that there be only two sessions per day; That the site plan and associated landscape plan are prepared to reflect the existing six foot high wood fence along the north property line, the new six foot high PVC fencing around the balance of the play area, and the installation a hedge at least four feet in height at the time of planting adjacent to the PVC fencing; That a tree be planted every 25' along the north and east property lines to form a solid tree line; 5. That five parking spaces are provided or the proposal is modified to meet the parking requirements; and, = That a waiver to LDR Section 4.6.16(H) (3) (d), regarding the reduction of the required five foot wide landscaped area between the off-street parking area and the property to the north to a width of four feet is requested and obtained through the site plan application process. Attachments: · Location Map · Survey · Proposed Site Plan · Proposed Floor Plan Staff Report Prepared by: Robert G, Teflt, Planner TENNIS ~ S 'AOIU~' liFFTF] ATLANTIC SOUTH COUNTY COURT HOUSE OLD SCHOOL SQUARE S.W. 2ND ST, S.E. AVENUE 2ND ST. 5RD DRUG ABUSE FOUNDA TIOI, OF PALM BEACH COUNTY CITY OF DELRAY BEACH PUBLIC WORKS COMPLEX PLANT S.E. ,~TH ST. '(lJJJJJ'lJ COTTAGE PRESCHOOL CONDITIONAL USE 245 S. SWINTON AVE. SUPPLEMENTAL INFORMATION APPROXIMATE ACREAGE: 0.24 ABRIDGED LEGAL DESCRIPTION: TOWN OF DELRAY S, 75 FT OF W 112 OF SLK 71 ZONING: RM (MULTIPLE F,~MILY RESIDENTIAL - MEDIUM DENSI~ FLUM: MD (MEDIUM DENSI~ RESIDENTIAL, 5-12 UN[TS PER ACRE) EXISTING LAND USAGE: SINGLE FAMILY RESIDENCE H/ITHIN TRAFFIC ANALYSIS ZONE: #537 WITHIN CENSUS S OPEN ¢ 5F t~E~UlF~E ,g, 5F AC, TM,AL TO ?LA,~IROLIND CO'v'L~ED POF~C.N F:>f;E:OPOSEE> FL O0~ F~L,,~,N TO: THRU: FROM: SUBJECT: DAVID T. HARDEN,~:~.~A~ PAUL DORLING, DIRECTOR OF ~IING AND ZONING MICHELLE HOYLAND, SENIOR PL~NNER~~ ~~ MEETING OF AUGUST 19, 2003 CONDITIONAL USE REQUEST TO ESTABLISH A VEHICLE REPAIR FACILITY (AUTOMOTIVE ACCESSORY INSTALLATION AND SALES OPERATION) FOR ULTIMATE AUTOMOTIVE~ IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL) ZONING DISTRICT~ AT 101 SOUTH CONGRESS AVENUE~ UNITS #F & #G, LOCATED AT THE SOUTHEAST CORNER OF CONGRESS AVENUE AND MCNAB AVENUE The subject property is a 1.53 acre property known as Congress Plaza, is zoned MIC (Mixed Industrial Commercial) and contains a 23,976 square foot industrial structure constructed in 1975. The request is to establish an automotive accessory installation and sales operation for Ultimate Automotive. The use falls within the category of automobile, paint, body and repair, and requires conditional use approval [Reft LDR Section 4.4.19(D)(1)(c)]. The business will occupy 3,200 sq.ft, within two bays (Bays F & G) at the west end of the building. Business hours will be Monday through Friday, 8:30 a.m. to 7:00 p.m., Saturdays 10:00 a.m. to 5:00 p.m., and there will be 5 employees. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with review of the request. No one from the public spoke on the item. After reviewing the staff report and discussing the proposal, the Board voted 5-0 (Woehlkens and Morris absent) to recommend approval of the Conditional Use request, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve the conditional use request to establish an automotive accessory installation and sales operation for Ultimate Automotive, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following condition: 1. That a site plan modification be processed to provide 9 additional required parking spaces on-site in order to accommodate the change in use from general industrial to automotive repair. Attachment: P& Z Staff Report and Documentation of July 21, 2003 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. C. Conditional Use Request to Establish a Vehicle Repair Facility (Automotive Accessory Installation and Sales Operations) For Ultimate Automotive to Occupy Two Bays Within an Existing Industrial Building, (Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant ......................... Patrick Lynch Applicant .................................... B & G Industries Inc. Agent .......................................... Gerhard Schillinger Location ...................................... Located at the southeast corner of Congress Avenue and McNab Avenue. Property Size .............................. 1.53 Acres Future Land Use Map ................ CMR (Commerce) Current Zoning ............................ MIC (Mixed Industrial & Commercial) Adjacent Zoning ................ North: GC (General Commercial) East: MIC (Mixed Industrial & Commercial) South: MIC (Mixed Industrial & Commercial) West: PC (Planned Commercial) Existing Land Use ...................... General Industrial & Auto Repair Proposed Land Use .................... Conditional Use Request to establish a Vehicle Repair · Facility (Automotive Accessory Installation and Sales Operations) Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. SHAW TRUCKING IV. C. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a vehicle repair facility (automotive accessory installation and sales operation) for Ultimate Automotive, pursuant to LDR Section 2.4.5(E). The business is to be located at 101 South Congress Avenue, units #F & #G, which is located at the southeast comer of Congress Avenue and McNab Avenue. The subject property consists of the west 1/2 of the west 1/2 of the NE 1/4 of the SE 1/4 lying southeasterly of Old Stateroad 806 right-of-way (less the east 25 feet, south 525 feet and westedy 70.88 feet of Congress Avenue right-of-way). The 1.53 acre property known as Congress Plaza, is zoned MIC (Mixed Industrial Commercial) and contains a 23,976 square foot industrial structure, which was constructed in 1975. The property was rezoned from MI (Medium Industrial) to MIC (Mixed Industrial Commemial) in 1990 as a part of the Citywide Rezoning associated with the adoption of the Land Development Regulations (LDR). In 1991, the City received a petition for an abandonment of a portion of Old Atlantic Avenue (now known as McNab Avenue) right-of-way. Per Resolution No. 46-91 the City abandoned 17.5 feet of right-of-way to the subject property owner. With the widening of Congress Avenue, which occurred in the late 1980's, several parking spaces on the property were eliminated and the perimeter landscape buffer was reduced. As a result of the Congress Avenue widening and 1993 Landscape Compliance, a minor site plan modification for parking lot additions and landscape improvements was approved by SPRAB (Site Plan Review and Appearance Board) on June 29, 1994. Subsequently, at its July 5, 1994, the City Commission approved two landscape waiver requests for the subject property to reduce the required 5' landscape buffer along the east side of the property to 3' and to waive the terminal landscape island requirement adjacent to the parking spaces which are in front of the structure. Then, on July 26, 1995, SPRAB approved an architectural elevation and color change to stucco over the brick veneer portions of the building and provide a terra cotta colored barrel tile roof. The stucco was painted peach with light peach accent. The request is to establish an automotive accessory installation and sales operation for Ultimate Automotive. The use falls within the category of automobile, paint, body and repair, and requires conditional use approval [Ref. LDR Section 4.4.19(D)(1)(c)]. The business will occupy 3,200 sq.ff, within two bays (Bays F & G) at the west end of the Planning and Zoning Board ~ 'f Report Ultimate Automotive - Conditional Use Approval Page 2 building. Business hours will be Monday through Friday, 8:30 a.m. to 7:00 p.m., Saturdays 10:00 a.m. to 5:00 p.m., and there will be 5 employees. REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of CMR (Commerce) and a zoning designation of MIC (Mixed Industrial and Commercial). The MIC zoning district is consistent with the CMR Future Land Use Map designation and an "automobile paint, body, and repair shop" is listed as a Conditional Use in the MIC district [LDR Section 4.4.19(D)(1)(c)]. Based upon the above, positive findings can be made with respect to Future Land Use Map Consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The development proposal is for the establishment of an automotive accessory installation and sales operation in a previously approved industrial development. The proposed changes with this bay will not have a negative impact with respect to concurrency as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found. Future Land Use Element - Policy C-1.3: The City shall concentrate efforts in the heavy industrial and undeveloped areas along the arterial roadways in order to provide a better image of the community. Such efforts should include: Planning and Zoning Board ,' 'f Report Ultimate Automotive - Conditional Use Approval Page 3 · Regulations which require heavy industrial uses to provide perimeter landscaping of their sites; and · Owners of vacant property shall provide a landscape appearance of their properties. While a 30' landscape buffer is required along Congress Avenue, an arterial roadway, only 0' - 5' exists. This is a legally established nonconforming situation, which occurred with the widening of Congress Avenue in the late 1980's when the landscape buffer which existed along the west side of the property was reduced accordingly. While the width is nonconforming the landscaping within the 0' - 5' landscape area complies with the landscape code. Based on the previous relief granted due to Congress Avenue widening, upgrades to the site as they relate to this Policy are not necessary. Thus, this policy has been met. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that es, tablishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The property is bordered on the east and south sides by MIC zoning, GC and MIC zoning to the north and PC zoning to the west. The existing land uses are: CSR Rinker and Climate Control Facilities to the east; Passeri Marble to the south; Shell Gas Station and Atlantic West Animal Clinic to the north; and to the west, across Congress Avenue, is Walgmen's. The establishment of an automobile repair facility within the previously approved industrial development will be compatible with the surrounding uses in the area. Them is a concern however, with regard to the parking impacts associated with the auto repair use. There is an existing automotive repair use within the structure which is known as H & Q Auto Painting and Body Repair Center and occupies 6,800 sq. ft. of the 23,976 sq. ft. building. The change in use from general industrial to automotive repair for Ultimate Automotive increases the required parking for the project. The site is currently deficient with respect to parking as 68 spaces are required for the existing uses and only 64 spaces exist on site. The new automotive repair use will require that the overall site accommodate a total of 73 parking spaces. A site plan modification will need to be processed to provide for additional parking on-site. This item is discussed in further detail below within the parking section. Provided the parking deficiency is addressed it is anticipated that the development proposal will not have detrimental effect on the area, nor will it hinder development or redevelopment of nearby properties. Planning and Zoning Board ,~ 'f Report Ultimate Automotive - Conditional Use Approval Page 4 COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.6.9 (Parking): Pursuant to Section 4.6.9(C)(5)(a), general industrial uses (manufacturing, assembly, attendant offices) shall provide parking at a rate of 3 spaces per 1,000 sq. ft. of floor area devoted to such uses and 1 space per 1,000 sq.ft, of floor area devoted to storage and warehouse. In addition, general commercial uses (retail) and vehicle repair uses shall provide 4.5 spaces per 1,000 square feet of gross floor area [ref. LDR Sections 4.6.9(C)(3)(a)&(5)(b)]. The site contains an approved 23,976 sq.ft, mixed industrial and commercial building. The parking requirement for the 9,865 sq.ft, of industrial use area has been calculated at 3 spaces per 1,000 sq. ft. or 29.595 spaces. The 7,311 sq. ft. of storage area has been calculated at I space per 1,000 sq. ft or 7.311 spaces. The 6,800 sq. ft. of automotive repair use has been calculated at 4.5 spaces per 1,000 sq. ft. or 30.6 spaces. Therefore, the existing uses require a total of 68 parking spaces. A total of 64 spaces exist on-site, which is 4 spaces less than the required parking for the existing uses. With the conversion of 3,200 sq.ft, industrial floor area to auto repair use, 5 additional parking spaces are required (4.5 spaces per 1,000 sq. ft.). Therefore, the total number of parking spaces required is 73 spaces. An additional 9 parking spaces must be provided for on-site to accommodate the new use and to eliminate the existing non- conformity with respect to parking, it appears that additional parking can be accommodated on the property (i.e. re-striping and adjusting existing parking areas). Therefore, attached as a condition of approval is that 9 additional parking spaces be provided for on-site. LDR Section 4.4.19(H)(3) Overhead Doom: The approved elevations provide a commemial center appearance facing Congress Avenue with the overhead doors, loading and dumpster areas located on the north and south sides of the structure. While the overhead doors on the north side of the building face a public right-of-way (McNab Avenue), they are set back between 47' and 62' from the ultimate right-of-way and have existed this way since the structure was originally built in 1975. The building is set back 34' - 41' from Congress Avenue with a small landscape buffer adjacent to the roadway. The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Planning and Zoning Board ,~ ~ Report Ultimate Automotive - Conditional Use Approval Page 5 Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: a President's Council ~ Progressive Residents of Delray (PROD) Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed Conditional Use request involves the establishment of an automotive accessory installation and sales operation (automobile paint, body and repair shop) for Ultimate Automotive within the previously approved industrial development located at 101 South Congress Avenue. With the change in use, the parking requirement for the project increases slightly and must be accommodated on site along with the existing 4 space deficiency. Provided the condition of approval relating to the provision of 9 additional parking spaces is addressed, the proposed use will be consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. With the provision of the required parking, positive findings can also be made with respect to Section 2.4.5(E)(5) (Required Findings) that it will not have a significantly detrimental effect upon the stability of the neighborhood not will it hinder development or redevelopment of nearby properties. Continue with direction. Recommend to the City Commission approval of the request for Conditional Use request for the establishment of an automotive accessory installation and sales operation for Ultimate Automotive, at 101 $. Congress Avenue, based upon positive findings with respect to Section 2.4.5(E)(5) (Required Findings) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the provision of 9 additional parking spaces on-site in order to accommodate the change in use from general industrial to automotive repair. Recommend to the City Commission denial of the Conditional Use request for the establishment of an automotive accessory installation and sales operation for Ultimate Automotive, at LL Park of Commerce, based upon a failure to make Planning and Zoning Board ~ Report Ultimate Automotive - Conditional Use Approval Page 6 positive findings with respect to Section 2.4.5(E)(5) (Compatibility), that the proposed use will hinder development of nearby properties. Recommend to the City Commission approval of the Conditional Use request to establish an automotive accessory installation and sales operation for Ultimate Automotive, at LL Park of Commerce, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following condition: 1. That a site plan modification be processed to provide 9 additional required parking spaces on-site in order to accommodate the change in use from general industrial to automotive repair. Attachments: · Location Map · Building Floor Plan · Unit Floor Plan Report Prepared By: Michelle Hoyland, Senior Planner SHAW TRUCKING Tri-Rail ULTIMATE AUTOMOTIVE CONDITIONAL USE REQUEST 101 S. CONGRESS AVE. APPROXIMATE ACREAGE: 2,07 ABRIDGED LEGAL DESCRIPTION: N/A ZONING: MIC (MIXED INDUSTRIAL & COMMERCIAL) FLUM: CMR (COMMERCE) EXISTING LAND USAGE: INDUSTRIAL I COMMERCIAL WITHIN TRAFFIC ANALYSIS ZONE: #568 WITHIN CENSUS S Memo To: David Harden, City Manager ,,D.-, From: Lula Butler, Director, Community Improvement Date: August 12, 2003 Re: Waiver to Section 7.9.7 of the Land Development Regulations Governing the Installation of Dolphins ITEM BEFORE THE COMMISSION: A request for City Commission approval of a modification to the standards under Section 7.9.7 and 7.9.8 of the Land Development Regulations governing the placement of dolphins and finger piers. BACKGROUND: Boca Dock & Seawall, acting as the agent for the property owner of 240 Captain's Walk #501, has submitted an application for a permit to replace an existing 20' x 5' finger pier and to install a 10' x 5' extension to this existing pier, creating a new 30' x 5' finger pier. The application also includes four (4) new dolphin pilings that will extend 60' from the property line. Section 7.9.7 and 7.9.8 states that in waterways greater than 100 feet in width, the maximum distance a finger pier or dolphin may be installed shall be 25 feet from the extended property line or seawall. The canal is 210 feet wide at this location. The owner has received approval from the Departments of Environmental Protection and the US Army Corps of Engineers. RECOMMENDATION: Staff is recommending approval of the waiver to Sections 7.9.7 and 7.9.8 of the LDR's standards based on the fact this modification will not endanger public safety or welfare. LB:DQ Attachments A~H91H ]1XI O HALOS 09L dV3 qq¥~¥3S ONIiSIX] :bi OI~LV DOq Z ~ eot 0 ~ tz x-~ )I30(I /~l~l I I I I I~IBIBI~IZI ~a < Z TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # "~]) - REGULAR MEETING OF AUGUST 19. 2003 ACCEPTANCE OF 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT DATE: AUGUST 15, 2003 This is before the Commission to approve the acceptance of the 2003 Local Law Enforcement Block Grant (LLEBG) award of $121,447.00, with a City match funds of $12,145.00 for a total of $133,592.00. The Commission is also requested to approve the proposed allocation of funds as follows: Police Overtime Volunteer Program Building Security Upgrade Vehicle Alarms $60,000 $25,000 $40,320 $7,000 Funding is available from 115-2112-521-49.90 (Federal Forfeiture Account). Recommend acceptance of the 2003 Local Law Enforcement Block Grant in the total amount of $133,592.00, which includes the City's match funds of $12,145.00, and approval of the proposed allocation. S.'\Cit~ Clerk\chevelle folder\agenda memo~\2003 Local Law Enforcement Block Grant.8.19.03 Delray Beach Police Department 300 West Atlantic Avenue, Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 Joseph L. Schroeder Chief of Police Ail-America City 1993 2001 MEMORANDUM TO: FROM: Barbara Gadto City Clerk r~(~ David Junghans~' Administrative Ser~k~s Director DATE: August 7, 2003 SUBJECT: AGENDA REQUEST The Police Department has been awarded a Federal Block Grant, total grant award, $121,447.00, with a 10% City match. This brings the total available grant funding to $132,360.00. The grant will funded the following areas; overtime, $60,000.00, take home vehicle alarms, $7,000.00, the Police Departments Volunteer Program, $25,000.00 and upgrades to the building security, $40,360.00. One of the grant requirements is for the recommended expenditures to be presented at an open community forum; the Commission agenda will meet that requirement. Should you have any questions or require any additional information, please contact me at once. LDJ/ Enclosure Serving with P.R. LD.E. Professionalism, Respect, Integrity, Diversity and Excellence TO: THRU: FROM: SUBJECT: PAUL DORLING, DIREC(~ OF PLANNING & ZONING SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST MEETING OF AUGUST '19, 2003 - REGULAR AGENDA REVIEW OF AN OFF-SITE PARKING AGREEMENT FOR CRAIGE'S FURNITURE SUBMITTED BY DHBH LLC. At the City Commission meeting of June 3, 2003 a quasi-judicial hearing was held with regards to a request from Craige's Furniture for the purchase of nine (9) in-lieu parking spaces at a cost of $108,000, which was paid on July 1,2003. During deliberations the applicant stated that he was able to secure a large amount of off-site parking through an off-site parking agreement with a neighboring property owner, but it was outside the 300' maximum distance referred to in Land Development Regulations (LDR) Section 4.6.9(E)(4)(a). Approval of the in-lieu request was granted with a condition that the applicant provide an off-site parking agreement to accommodate employee parking, and subject to the waiving of the 300' requirement. The applicant has entered into a parking agreement (attached) however, in addition to exceeding the 300' distance requirement, the agreement does not meet the requirements of LDR Section 4.6.9(E)(5) with respect to the following: 1. The agreement doesn't constitute a covenant running with the land binding upon owners, heirs, administrators, successors and assigns. The agreement presented contains an expiration date of the shorter of five (5) years or the date new public parking is opened within two blocks of 111 East Atlantic Avenue. 2. The City is not a party to the agreement and cannot enforce the agreement. Further in February 2003, City Commission approved a request allowing the temporary parking lot, which is subject to this agreement, to be utilized only for City sponsored special events and private sector events that receive Commission approval. As the parking, through this agreement, will be used on a daily basis, it will require improvement to meet the current parking lot design standards pursuant to LDR Sections 4.6.9(D) and 4.6.16. Staff requests direction with respect to the acceptability of the proposed agreement. Attachment: o Off-Site Parking Agreement 86/26/2883 15:54 5612723722 BREWER ARCHITECTUk~- ~Ab~ oz Parking Contract Between DHBH LLC and DHARMA PROPERTIES, INC, DHARMA PROPERTIES INC. (DHARMA) hereby grants to DHBH LLC (DHBH) thc right to park n,,o .more than 20 cars in the vacant lot owned.by DH. A..I~IA a.t ,, $~ ~ ~,ke ~l ' , Delray Beach, FL, for ~ and Diner valuamc ~. t/'~kconsideratioa. . In the event DHARMA chooses to divest or develop the property bet'om the expiration of this agreement, it will provide alternate parking within the same approximate proximity to 111 East Atlantic. . The term of this agreement is the shorter of five years or the date new public parking is opened within two blocks of 111 East Atlantic and will become effective Sept. 1, 2003. DI-IBH agrees to maintain the parking area in a neat, clean and sanitary condition. DHBH and DHARMA agr~ that the parking will be assigned to Angelo's of Mulberry Street, a tenant of DHBH at 111 East Atlantic, which has signed a five-year lease with DHBH. Use of the parking is granted for Angelo's normal business hours, 365 days per ),ear. Both DHARMA and DHBH acknowledge this contract is not intended tO satisfy the Off- Site Parking Agreement exception as defined in the Delray Beach parking code but is a good-faith effort to partially mitigate the demand that will be created by the opening of Angelo'$ of IVfulberty Street. DHARMA pROPERTIES, INC. ' DHBH LLC. 06/26/2003 15:54 5612723722 BREWER A,RCHITECTURE PAG~ 03 Ol~' c~77 P~ O22 DOROTHY H. la~, CLERK PI~ CO010~, FL All tha~, portion ~f Block ~6 in the Town of Linton, lyln~ east of the ~lorids East Coast lj~ilw~ Ri~t o.f .W.w, ~cco~li~, to the Plat of s~id i'own aow DelrnyBesch) as recorded m PI~! Book 1, pirie 3 (Sheet :2) · ( Fro ' · I~s~ th~ ~orth 2S.0 . ~t*the l~ubllc l~ecord~ of~lml~:h Cout'zy, ~ ~, ~,,,~ [ITY OF EIELRI:IlY BEI:I[H DELRAY BEACH AII-AmedcaC~ 100 N.W. 1st AVENUE.DELRAY REACH, FLORIDA 33444 561/243-7000 1993 2001 MEMORANDUM TO: FROM: David Harden City Manager Joe Weldon Director of Parks and Recreation SUBJECT: Marina Rates DATE: January 7, 2003 Attached please find a survey completed by the Parks and Recreation Department on municipal and private marinas in the area. There is only one municipal marina that has lower rates than we do (Ocean Inlet run by Palm Beach County) and they do not permit live-aboard. The City of Hollywood charges the same as Delray Beach for annual contracts. There is also only one private marina that has lower rates than we do (Briny Breezes Marina) and they do not permit live-aboard either. Delray Beach municipal marina has had the same rates since December of 1990, i.e. thirty cents per foot per day. We checked the consumer price index issued by the U.S. Department of Labor Bureau of Labor Statistics and found that, for our area, the cost of living index for the time period from December of 1990 until September of 2002 rose 35%. If we were to raise our rates by that percentage, the new rate would be forty cents per foot per day. This is the same rate that is charged by Hollywood Municipal Marina for their live-aboard slips and monthly off season, and they are the second lowest rate among municipal marinas. As you are aware, we recently renovated our marina at a cost of $548,067. The monthly utilities are included in our rate and we offer showers, rest rooms, laundry, free ice and a pumpout station. I recommend our rates be increased fifteen cents per foot per day. This still puts us at the lower end of what the public marinas are charging. I have also attached two sheets showing the increase for our marina residents at forty cents per foot per day and forty-five cents per foot per day. Our marina facilities are competitive with what other marinas offer and are in high demand as evidenced by the 314 people we have on our marina waiting list for 24 slips. THE EFFORT ALWAYS MATTERS 2 Please review and advise. Sincerely, Jd~ Weldon Director of Parks and Recreation Attachments cc: Rich Connell Assistant Director of Parks and Recreation Ref:dhmarina Z o o o Z Z Z z z ~. o ~ ~ z )_ ~. o E .- >- )- ~- >- Z Z It) MARINA SURVEY Municipal Marinas Ft. Lauderdale Municipal Marinas-Bob or Marlene Kimble: (954) 828-5423 3 separate marinas: extensive detailed rates (see attached sheet) New River - 112 slips Rates: $.90/ft./day 10/1-4/30 and $.60/ft./day 5/1-9/30 with 30' minimum Water included Electricity metered at $.05-$.45/vlf/day Pumpout tank free to public Truck fueling available by appointment; free to renters; charge by foot for all others $50 security deposit for comfort station key ice sold, bags and blocks Las Olas 60 slips Rates: from $1-$2.50/ft./day 10/1-4/30 and from $.65/ft./day -$1.50/ft./day 5/1-9/30, depending on length Locked, gated marina with police substation located there Water included Electricity metered at $.08/kw hr. after initial hook-up fee $50 security deposit for comfort station key ice sold, bags and blocks Cooley's Landing - 38 slips on Intracoastal Rates: Si/ft./day 10/1-4/30 and $.65/ft./day 5/1-9/30 Water included Electricity metered at $.08/kw hr. after initial hook-up fee Portable pumpout available Laundry, TV, showers available $50 security deposit for comfort station key ice sold, bags and blocks Transients permitted Hollywood Municipal Marina - (954) 921-3035 City of Hollywood Marina, 700 Polk St., Hollywood, FL 33019 Rates: $.40/ft./day for live-aboard (5 slips); $.30/ft./day for annual rate with 26' minimum; $.45/ft./day for monthly rate in season; $.40/ft/day for monthly rate out of season; $.70/ ft./day for daily rate in season; $.50/ft./day for daily rate out of season: utilities are included 55 slips: 1 slip can take up to 128'; 15 slips up to 65'; 3 slips up to 50' and rest 20' to 40' Permit live-aboard up to a maximum of 5 slips by City Ordinance Showers, rest rooms, laundry, ice machine available Gas and diesel fuel available Pumpout station can be used once a month free by residents; all others - $5 fee Transients permitted up to a maximum of 5 months 2 Lake Park Municipal Marina - Doug Stout - (561) 842-2724 Marina will be closed for 1~ - 2 years starting 10/1/02 for extensive renovation Rates: from $52.50/mo. $387.10/mo. depending on whether you pay by the month or 6 months in advance or north or south basin; 15' minimum (see attached letter) Electricity included for minimal use; meter for each wing 224 slips; maximum boat length - 49' Live-aboard permitted up to a maximum of 14 days No showers, laundry or fuel available Ocean Inlet Marina (County) Shirley King - (561) 966-6642 6990 N. Ocean Blvd., Ocean Ridge Rates: $6/ft./mo. with a minimum of 20' Water included but electricity metered 20 slips No live-aboard permitted No overnights or transients Rest rooms, snack bar and table for cutting fish available Outdoor showers, picnic shelters, playground in park Rent kayaks on a sub-contracted basis Riviera Beach Municipal Marina - (561) 842-7806 200 E. 13th St., Riviera Beach, FL 33404 Rates: $.93/ft./day; $3.68/ft./wk.; $14.66/ft./mo.; $15.53/ft./mo. for live-aboard; $7.90/ft./mo. for dry dock storage 32 ft. minimum; water and electricity included 145 slips; 230 dry slips Transient rate-$.80/ft./day Live-aboard permitted Showers and laundry available Gas and diesel fuel available Private Marinas Briny Breezes Marina (561) 276-7405 5000 North Ocean Boulevard, Delray Beach, FL 33435 $125/mo. up to 24'; $175/mo. up to 30'; $235/mo. up to 36' 10% discount for annual prepayment 68 slips 6 month minimum lease No live-aboard permitted Water, electricity, showers and rest rooms available (max.); Cove 1755 Marina (954) 427-9747 S.E. 3rd Court, Deerfield Beach, FL 33441 Rates: $535/mo. for 40' to $1,025/mo. for 70' on an anual basis; includes water, electricity and cable TV 30 slips Mostly power boats; few sailboats as shallow water Live-aboard permitted on a case-to-case basis Maximum transient stay - indefinitely; Si/ft./day No rest rooms, showers, pumpout facility or laundry facilities available, but coin laundry and hotels close by Gas and diesel fuel available; no pumpout station Charter fishing fleet, parasailing and small boat rentals available Delray Beach Yacht Club (561) 272-2700 Closed for extensive renovation Rates (previously): $145/ft./year; $1.45/ft./day for transient Water, electricity and telephone included 53 slips; maximum boat length - 140' Live-aboard permitted for transients Showers, rest rooms, ice, and laundry facilities available Delray Harbor Club Marina - Jena Willoughby - (561) 276-0376 Rates: 30'-49, - $12.75/ft./mo.; 50' & over - $13.25/ft./mo.; water and electricity included Transient rate-$1.45/ft./night plus $4 per 30 amp cord and $7 per 50 amp cord for electricity 42 slips; maximum boat length - 100' No live-aboard permitted Showers, rest rooms, fuel and swimming pool available No laundry facilities Security guards patrol at night Barbeque areas Ship store with ice, snacks, drinks Frenchman's Marina - (561) 627-6358 2700 Donald Ross Road, Palm Beach Gardens, FL 33410 Rates: (see attached sheet) $12.75/ft./mo. for annual; $15/ft./mo. for season (minimum of 5 mo.), $16/ft./mo. for month: rates do not include utilities water and electricity - $55/mo. for 30 amp, $85/mo. for 50 amp; 3 docks metered at $.12/kwh Transient rate: $1.40/ft./day for daily; $1.05/ft./day for weekly (min. 7 days); $4.50/day for 30 amp, $6.50/day for 50 amp 137 slips Live-aboard permitted 100' maximum boat length Showers, rest rooms, laundry and ice machine available Fuel and pumpout station available Light House Point Marina - (954) 942-8118 $400/mo. for boats 25' or less; $449/mo. for 26'-30'; $575/mo. for 31'-35,; $679/mo. for 36'-40'; $759/mo. for 41'-45'; $569/mo. for 46'-50'; $979/mo. for 50'-55'; $1,100/mo. for 56'-60'; $1,400/mo. for over 60' up to Si/ft./day Electricity and water included Daily transient rate $2/ft./day plus $7/day for boats over 40' for water, electricity and trash pickup, $5/day for boats under 40' for water, electricity and trash pickup 115 slips Live-aboard permitted Rest rooms, showers and laundry available Pool and tennis courts available Security - police cars do patrol, and Coast Guard docks their boat nearby Gas and diesel fuel and portable pumpout available Marina Delray - 276-7666 Rates: $15/ft./mo. for wet slips; $11-$15/ft./mo. for rack slips; water included; $2/ft./day for transient, extra for electric, $40 minimum 5 wet slips, 60 dry dock (rack) slips; maximum boat length - 60' Showers and rest rooms available; no laundry facilities 93 octane gas and diesel fuel available Full service cruiser certified for boat repair Palm Beach Yacht Marina Tom-(561)588-9911 7848 So. Federal Highway, Hypoluxo, FL 33462 Rates: $12/ft./mo. on yearly basis, $14/ft./mo. on monthly basis for slips: $14/ft./mo on yearly basis, $16/ft./mo. on monthly basis in basin (protected area: see attached map); includes water electricity metered at $.10/kwh 100 wet slips, 300 dry dock slips (see attached sheet for rates for dry dock) No live-aboard permitted Showers and rest rooms available; no laundry facilities; sell ice Gas and diesel fuel and pumpout station available Palm Harbor Marina - Melissa - (561) 655-4757 400-A North Flagler Drive, West Palm Beach, FL 33401 $.65/ft./day for annual lease; $.85/ft./day daily rate for summer (5/15-10/15); $.65/ft./day monthly rate for summer; $1.85/ ft./day daily rate for winter (10/15-5/15); $1.20/ft./day monthly rate for winter; $.95/ft./day monthly winter rate for a minimum of 6 month contract; 30' minimum Utilities include electric, water, trash collection and cable TV: minimum utility service fee of $50/mo. or $5 daily (see attached sheet for further breakdown) 154 slips Live-aboard permitted Showers, rest rooms, laundromat and ice available Gas and diesel fuel available Sailfish Marina (561) 844-1724 Palm Beach, FL From $6,300/yr. for 30' boat to $23,000/yr. for 110' boat; $.50/ ft./day monthly rate for 40' and under (5/1-9/30); $.55/ft./ day monthly rate for over 40' (5/1-9/30); $36/day daily rate for 30' and under; $1.40/ft./day daily rate for 31'-35'; $1.65/ft./day daily rate for 36' and over (see attached sheet for further breakdown) Utilities (not included in yearly and monthly rates) range from $50-$135/mo. depending on amps 96 slips Live-aboard permitted Bath house, laundry facility, ship's store (including ice),. private fishing dock, restaurant, motel rooms, island boat rental, water taxi available Fuel available No pumpout station Two Georges Marina - Chris - (561) 736-2717 27 slips No live-aboard permitted Rates: $400 $600 per month depending on size of slip Water and electricity included Restrooms available; no showers Fuel station to open next door in the near future Ice available until Two Georges Restaurant closes & boat Ref :marinas ~/z:/z~oz i~:~m ~mq4b~im~ MARINE FACILITIES PAGS 02 TRAN~IEN't' VESSELS AND DAY DQCKAGE DocKAGE RATES, FEES AND CHARGES ~ot Including F;o~-~ Sales Tax o! DOWNTOWN FAClUTIEB . New R~v~r D~kage -Neaaal I.f, (3~ ~.,~ey~a Landing M~lna,/Va~sel I,f. (30' M~n) INTRACOA~TAL FACILITIES La~ Oies Anchorage -/Day Las eisa Merits; Floating Docks -/Vasse~ U'. (31Y Mis) ,BIII~ 4E - 60' -/Vessel Lf. (40' Mi~) Slips 70' -/Vessel Lf. (40' Mia) Slips 90' -/Vessel Lf, (40' Mia) Face Piers - Neasel I.f. (40' Mia) Fioetlrtg Dock Wet Storage · I Month CAY DOCKAGE RATEB, ALL FACILrrlEs ReOreafi=nel Day Dockage: Half Day,/~o~t$ to 21' Half Day -/Boet,a 22' - 31' Haft. Day o/Boats 32' - 40' HaS Da,/./Boats Over 40' Full Day ·/6oats to 2'r Full [Day -/~oats 22' - 31' Full Day -/Boats 32'- 40' Full Day-/Boats Over 40' CITY OF FORT LAUDERDALE 200t - 2002 MARINE FACIUTIE$ DOCKAGE RATES AND FEES WINTER RATE.e` BUMMER RATEB (oI~TOBER 1 TO APRIL 30) (MAY 1 TO SEPTEMBER 30) Base Florkl~ Total Ba~ Florida Total Dockage Lease Fee Deckalle Dockage Lease Fee Che~e , Charge Charge Charge Char~ie Cha~le Chat~le 0,86 0.05 0.90 0,57 0.03 0.80 0,94 0,08 1,00 0.61 0.04 0.6~ 17.80 1.07 15.~7 17.80 1,07 15.87 0.94 0.06 t ,00 0.61 0.04 O.M 1.85 0.10 1,75 0.75 0.0~ 0.80 1.75 0.t0 1,85 0.85 0.05 ~.22 0.13 2.35 1.t8 0.07 1.25 2,36 0.14 2,50 1A2 0,08 1,~0 283,02 16,98 300,00 283,02 18.95 3~3,00 5,19 0,$~ 5,50 5.19 0.31 S.80 8,02 0148 8,50 B,02 0,4~ B.§0 11,79 0.71 t2.50 11.79 0,71 12.~0 t~.15 0,~i 15.0~ 14.15 0,85 15,00 7,08 0,42 7,50 7,08 0,42 7.50 9.9t 0,59 10,50 9,21 8.59 10.~0 14.t5 0,85 15,~o 14.t5 0.85 15.00 18.87' 1,13 20.00 18.87 1,13 20.00 COMMERCIAL OOCKA~ - DOWNTOWN FACILIITE$ Commercial Half Day DcmkageNessel 94.34 5,66 10o.00 94.34 5,66 100.00 Comrnerdal Full Day De,kegs/vessel t88.68 11.32 200.00 188.68 11,32 Camme~al $ea~nal Dockage -/V~asel ,f~ 0,75 0.05 0.80 0.75 0,05 0.80. OTHER RATES, CHARGES FEES, DISC:OUN~'AND DEPOSITS m ~¢TRiCtTY - LA~ OLAS & coOLLrY'S LANDING t '~ Day Hook-LII~ EL~.~¥~iCITY · NEW RIVER DOCK~ First day arrlval ¢~arge based on hc~ok-up fee- 30AMPS $ 5.00 30AMPS $ 0.05 /vtfPerda¥ Metarednstaofe~en~erkwh~.,chargeddalty 50AMPG $ 10.00 5CAMPS $ 0.15 Ivlfpe~da~ formme~ndarnfetay, wlthmetarmedbyZp,m. 100AMPS $ 15.00 100AMPS $ 0.25 lvffper~tay etale'$ecend day t, odat=endfimeofcheok-out. 3.1=HA,SE $ 45.00 3-PHASE $ 0.45 /vlfperday TRANSIENT V~_'a~e! DISC;CUNTS - OFF BA~ FEE CHARGED SCAT U,6. MEMBEr: 25% 3-Day Maximum, Non-Contra~ Cu~tomem of New River Marginal Docks Only PAID MONTHLY IN ADVANCE A'E. NEVi/RIVER &COOI.EY$ LANDING 1 Month I ~0-Day Minimum) 5% Dis~cunt 15% Di$c~3unt 3 Monlh ( g0~Day Minimum) 10% Dis~ount N.A. Discount ~ Mens {180.cay Minimuml t 5% D!sC0~nt 20% Discount · MISCELLANEOUS CHARGES: Bagged Ice; $1 ,oQ with Sales Tax; ~efk I~e $1 .;25 with Sales Tax COMFORT ~TAllON KEY DEPOSIT: $50.00 ~ecurlty Deposit per t~rma of the Key Deposit Agreement. ~: parking permits ere issued free to registered customer in acc~-d with the terms of the D~kege Permit end Lease Agreeme,'~t, which all customers must sign in securing overnight doc~sge. P P-OUT ND F : Holding tank pump-out ia free to the pubflc at ail faculties. Truck fueling available only st lhe designated dock along New River. By pre-arranged appointment, this 8e~i~e ia free to registered customers; all Ott'~ere are charged the 1 day per vessel lineal fl3ot rate fOr the New River Marginal Docks. Effective: October 1. 2001 Corrected November 21,2001 ?-26-20t~'2 1 ~9~ FRO~ LAKE PARK MARINA [t42 272,1 P. 1 LAKE PARK MARINA WETSLIP RATE SCHEDULE SOUTH BASIN ALL RATES ARE PREPAID FEES MONTI II,¥ 'lAX TOT&L SEMI- TAX SEMI- 387.10 23.23 410.33 ~5,~ 14.70 259.70 1~5[~ ALL VESSELS MUST FIT/_IY$]D~ BOAT SLIP WITHOUT ANY PART EXTENDING BEYOND PILINGS, TO PREVENT A NAVIGATION HAZARD * Ail ~ require a tern foot 'buffer zone' between the ~ssel and dock for the proteclion of lt~e One Month Period - Fimt to Last day of any Month Six Month Period - April 1st or October 1st A DEPOSIT OF ONE MONTH'S RENT IS DUE UPON APPLICATION FOR ALL LEASES OTHER THAN DAILY RENTALS TO BE HELD ON ACCOUNT. A ONE TIME NON-REFUNDABLE $25 ADMIN FEE FOR ROUTINE CREDIT CHECK IS REQUIRED BEFORE LEASE CAN BE PROCESSED PLEASURE BOATS * SAIL OR POWER NO LIVE ABOARDS PERMITTED I ~ MILES NORTH OF THE LAKE WORTH / PALM BEACH INLET ratesct12.wpd m~106/16/99 ?-26--2~02 2:00PM FRC),I LAKE PARK MARINA 842 2724 P. 2 LAKE PARK MARINA WETSLIP RATE SCHEDULE NORTH BASIN' ALL RAT']~S ARE PREPAID SLIP SIZE MO~t~t,Y MONTHLY To:rAt. SEMI- 8EMI- SF~I~ TOTAL ~UAL ............... ~:~ .:~S~ ~' ' ~?:~':~ ~:,'~ .::? ......... ' ........ ~s ~.~ 16 4.~ ~.~ 3.~ 67,~ 3.50 ~.~ 3.36 59.36 ]56.16 18 4.~ 72,~ 4__32 76,32 3,50 63.~) 3.78 ~,78 ~ ~.~ 22 5.20 114.~ 6.86 t21.~ 5.~ 1t0.00 6.60 tt6.~ 699.60 26 5,~ I~,~) 8.74 I~.~ 5.~ 130.~ 7.~ I~7.~ ~6.~ ............. :.:., .............. In tho North Basin, gae leagth of the vessel, including the bull. engine, swim platform, and any other attachm~m, may not extend more th~ th~.~ (3) fee~ beTond l~ngth of slip_ One Month period - First to Last day of any month Six Month Period - April 1 ~o October 1st A DEPOSIT OF ONE MONTH'S RENT IS DUE UPON APPLICATION FOR AI LEASES OTHER THAN DALLY RENTALS TO BE HELD ON ACCOUNT, A oNE-TIME NON-REFUNDABLE $25 ADMIN FEE FOR ROUTINE CREDIT CHECK IS REQUIRED BEFORE LEASE CAN BE PROCESSF, D PLEASURE BOATS- SAIL OR POWER * NO LiVE ABOARD$ PERMITTED RA TESCHE. NfPD REFISED LAKE P~qK HARINA 8~2 2724 JUL-26-02 11:18 AM RIVIERA BEACH MARINA 5~184§8197 P.02 RIVIFRA B=ACH MUN CIP^L h!AR~NA WET & DRY STORAGE RATEs LENGTH DALLY WEEKLY MONTHLY 33 ~ 30,~g ~ ~0,78 S 4~3,45 '~ ~ ~1.&2 S 1~4,44 ~ ~98,10' ~ 8 82.55 $128,10 S 512,75 ~8 ~ 83,48 $181,76 S 52%40 '87 $ ~4.41 S 13S.42 S ~8 ~ ~5.G~ S 139.08 ~ 558.?0 40 $ 37.20 S t48.40 s 588.00 42 S 3g.06 $ 153,72 S 615.30 43 ~ 39.gg ~157.38 ~ 629.95 4{ $ ~0.92 $ 1'61.04 S 64~.60 45 $ 41.85 $ 1~.70 5 659.25 45 ~ 42.78 ~ l S8.~6 S 673,90 47 $ 43,71 $ 172.02 ~ 688.55 ,,, 48 ~ 44.64. 8 175.68 5 703.20 49 S 45,57 ~ ~79.34 ~ '717.85 61 S 47.43 S 186,66 S 747.15 52 ~ 48.38 S ~0,32 ~ 781.B0 63 S 49.29' $193,~8 S 776.45 5~ $ SO,~2 5 1B7.~ S 7~1.10 55 8 51,15 ~ 201.30 S 8D5.76 " 55 ~ 62,08 S 20~.96 S 820.40 S7 ~ 63.01 S 208.62 S B35.05 ~8 S 53.~4 $212,28 ~ 849.70 59 $ 54.87 5215.94 S 864.35 60 $ 55,~ S219,60 $ 879.00 61 ~ 5~.73 ~ 223.26 $ 893.65 62 S 57.60 $ 225,g2 S 908.~0' 63 G 68,~9 ~ 23~,68 S 922.g~ ~ S ~9.52 S 234.34 ~ g37,60 SS $ 60,45 S 237.90 S g52.25 ~7 5 62,31 $ 245.22 S ~81.55 88 $ 83.~ ~ ~48.88 S 6g S 6~.17 S 252.54 ~ l.OlO.~ 70 $ 65.t0 $ 2~8.20 $1,025,~ 71 8 66.03 · $ 2~9,86 '81,040.15 , 72 S . 88,g8 S 263,52 S 1,0~4.~ 73 $ 67.89 ~ 267,18 ~ ' ' S h0o~,45 74 S ~8,82 $ R70,84 $1,08~,10 75 8 89.75 $ 274,50 5 1,098.75 $.93/tt, $3.8Sf~, EFFECTIVE july 5, 2001 ?~" ~l~Xe'~ ar. electricity & taxes L'N; A~OARD 496,g$ 512,49 528.02 643.55 859.08 574.61 6.~o.14 605.~7 62120 636.73 652,26 6~7.79 683,32. 696.85 714,38 729,91 745.44 760.97 *775,50 702,03 80%58 823.09 838,62 85-1.15 889,68 900~74 ~16.27 931.80 947.33 962.8G S78,3g ,oOg,4S ,024,98 ,040,51 ,055.04 ,071,57 ~0~7.10 ,102,63 ,118.16 ,133.89 ,149,P.2 ,I 84.75 $14.65/ft. 515,~3/ft, DRYSTORAGE 22 $ 173.80 23 $ 181,70 24 $ 189.60 25 5 197,50 26 ~ 205.40 27 S 213.30 28 $ 221.20 2g 8 2~o.io 3o $ 237.oo 32 $ 252.80 33 $ 280.70 34 8 208.60 35 $ 276.60 36 S 284.40 38 $ ~00,20 40 ~ 316.00 41 $ 323.~0 42 $ 331;80 43 8 33930 44 $ 347.60 45 $ 35~.60 ANNUAL - requires minimum 12 month lease $t2.75 / foot/month SBASONAL- requires minimum S month lease Sx~.OO / fo,~ / m~tk MONTHLY - requ~es mimmum l month lea~ 816,~ / f~ m~ A, R b C Docks - Me~r~ D & ~ Docks - F~ed Monthly Rate 20 ~p - ~5~.O0 / month 50 amp - ~85.~ / m~ , 100 ap - 813~,~ / moath Mmimum Monthly Ch~e - $20.00 A~ F~cd Rate~ Are Ch~ged Per Line. All Utility Fees Include Elcctri~ty, Water, Cable ~ ~d 8~it~ ~e~ice. .......... ........ DALLY - 81.40 / foot/day WEEKLY - requires minimum 7 days dJl.05 / foot / dry 30 amp - 84,50 / dsy 50 amp - $~.50 / day All Dockage Rates Are BaRd On Slip Size Or Boat Size, Whichever Is Greater, State Sales Tax Will Be Added To All Charges. Rates Effective January l, 2002, FROM : Palm Broach Yacht C~tmr ; Lmm PHONE NO. : 56151324969 Rug, 01 2002 1G:5~gH Pi PI~ONE: (.q61) 588-9911 * 7ft45 $OU~I I~PKRAL HWY..HYP~, FL ~62 ~ F~: (561} OPEN ~1 DAYS ~AR OF ~R (StUd T~e) 7:~0 ~ '~ 5:30 ~ INDOOR STORAGE TO 38' MIHIMUM TO 21' $ 210,00 22' TO 2T $ 10.00 per 't:~t 25' TO 31' II 11.00 l~r faot 32' TO 35' $ 12.00 pfgt~t 36' TO 38' .... $ 14,00 l~r tbot I #% DISCOUNT, FOR YE~,PJ.~Y STORAGE, PAID IN FULL_ IN..4DI'fANCE MONTH TO MONTH STORAGE MINIMUM TO 21' $ 250.00 22' TO 27' $ 15.00 per ~ 28' TO 31' ~ ' $ 32'TO35' ........... $ 36' TO38 $ NOTE: ALL BOATS WILL BE MEASURED AND BILLED BY OVER ALL LENGTH HEIGHT BEAM $*O"TOIO' $ 85,00 S'a"TOI0' $ SS,00 OVER 10'TO 12' $125.00 O~.P~ 10'TO 12' $122.00 OVeR 12' $ 180.00 OVER. 12' $ 180.00 WAVE RUNNER / JET SKI DAILY STORAGE 1 ~ $125.00 $ 1,50 ~ F~GH : Palm B~aah Y~oh~ C~n~er L~e PHONE NO. : DGi~24DG9 Rug. 01 20~2 ll:0~qM Pi SUMMER RATES: Hay 15 - October $5 DaiLy ........ $.85 per foot/per day tVlont~Ly ..... $.65 per foot/per day W]NTER RATES: October 1.~ - ~lay sS DaiLy ....... $1.85 per foot/per day Honth[y ..... $1.20 per foot/per day WINTER CONTRACTS: November 1 - Hay 35 $.95 per foot/per day M~nlmum 6 consecutive month contract staddng on the '3st or 15 da:/ ANNUAL CONTRACTS: $.65 per foot/per day 30 foot and under (non [iv~aboard) see Dockmaster. UI'[LTr[Es SERVICE CHARGE: IncLudes electric, water, trash coLLection, cable TV One - 110/30 amp outlet $75/mo. or $8.00 dairy T~o - 110/30 or One - A20/~O amp oudet $110/mo. or $10.00 daily Two - 220./50 amp or One. 100 amp singLe phase outlet $22o/mo. or $16.o0 daily Three Phase Rates on Request. Minimum utility service fee of $50/mo or $5.00 daily Non-refundabLe deposit required. MARINA OFFICE OPEN DAILY FROM 8:00 a.m. to 6:00 p.m, VHF KX3-693, Monitor Channel 16. Effective 3uno 1, 2002, Rates subject to change without notice, Rates PLuS TAX. Patm Harbor Marina 400-A N. F[agter Dr. We;t PaLm Beach, FL 33401 (561) 655-4757 · Fax: (561) 659-0245 1-800-435-80Sl E-maiL: ph marina(~bettsouth.net Features ,~ Shower Rooms & Laundromat 4, Ship's Store/Convenience Store 4, MasterCard, VISA, AMEX and Texaco Credit Cards Honored · Tce & Private TeLephone (OptgonaL) 4, CabLe W 4, Security 4, Fire Protection 4, Texaco Starport 4, 160 Accommodations for craft to 175' Length and with drafts up to 10' ~, Amenity package avaiLabLe v~a Breakers Hotel Services · Hail and Fax Service .b Tide and Weather Information 4, Assistance in entering and teav~ng your sBp 4. ChanneL 16 VHF monitoring ,L CompLimentary Newspaper 4. Car RentaL/DeLivery AvailabLe ~/~ 'd [6IO'0N HdO~:[ ~00~ 'l '~nv © 0 0 000000000000000000000000 000000000000000000000000 o ~ 000000000000000000000000 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM # ~'~,.T - REGULAR MEETING OF AUGUST 19, 2003 RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD DATE: AUGUST 15, 2003 Mr. Howard Lewis' term expired July 1, 2003 creating a vacancy for a representative of the Community Redevelopment Agency for the Parking Management Advisory Board. The Community Redevelopment Agency has appointed Mr. Thomas Carney, Jr. as the new Community Redevelopment Agency representative for the Parking Management Advisory Board effective mediately for a term ending July 1, 2005. The Parking Managemem Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA) as well as all public parking areas located along State Road AIA within the corporate limits of the City. Recommend City Commission approve and ratify the appointment of Mr. Camey, representative for the Community Redevelopment Agency for a term ending July 1, 2005. Page 1 of 1 sche!l, Karen From: Colonna, Diane Sent: Thursday, July 24, 2003 2:25 PM To: Schell, Karen Subject: Parking Management rep The CRA appointed Tom Carney as the Parking Management rep, although I think Howard Lewis was supposed to attend the meeting next Tuesday (?). Diane Colonna Executive Director Delray Beach CRA 104 West Atlantic Avenue Delray Beach, FL 33444 {551) 276-8540 colonna@ci.delray-beach.fl.us 7/24/2003 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY GOMMISSIONERS CITY MANAGER ~, AGENDA ITEM 9 H - REGULAR MEETING OF AUGUST 19, 2003 ADDENDUM TO THE APPOINTMENTS FOR THE BOARD OF DATE: August 19, 2003 Mr. Paul Zacks has forwarded his application and requests consideration of appointment to the Board of Adjustment. A copy of his application is attached for your review. KMS CITY OF DELRAY BEACH 1993 2001 Zacks Name Paul M. LH. 2. Home Address: Cily Delray Beach $~[. Zip Code 748 Place Chateau 33455 same 4. P~udp~ Bus. ess Address: .... C~y ' " Sine Zip Code 401 N. Dixie Highway ~/est Palm Beach FL 33401 5. Home Phone: Business Phone: E-~ A~drcss: Cc~ Phone: Fax: 561-~98-2298 561-355-7396 pzSO@yahoo, cob 307-3583 355-7193 ~ so, whm ~re you 6. Are you a re, stored yourS, yes PBC pzecimct 7. ~t ~ud(s) ~ you ~st~ ~ ~? P~e ~ ~ ~u ofpmf~: 10. ~st ~y r~ted pmfes~o~ c~donJ md bc~ses ~ ~u h~d: see attached ~es~e 11. G~c yo~ ~esen~ o~ most ~t ~plo~, ~d ~o~ ~tef ~stsC~c State Afto~ey, Pa~ SIG~ Note: This app~Jcation ~ remain on file/n the City Clerk's Office fdi~::l~Gfd~t~ ~[~ from the chte it was submit'ted. It will be the aixplicant's responsibility m ensure that a can'em spplication is on file. AUG 1 ~ 2003 ~ CITY CLERK EDUCATION BAR ADMISSIONS PROFESSIONAL EXPERIENCE CIVIC ACTIVITY PAUL' H. ZACKS CHIEF ASSISTANT STATE ATTORNEY OFFICE OF THE STATE ATTORNEY 401 NORTH DIXIE HIGHWAY WEST PALM BEACH, FL 33401 .B.A.,; Wayne State University; Detroit, Mich- igan (1972) J.D.; Florida State University College of Law; Tallahassee, Florida (1974) Florida, 1975; United States Supreme Court, 1978; United States Court of Appeals, Elev- enth/Fifth Circuit, 1981; United States Dis- trict Court, Southern District of Florida, 1975; United States District Court, Middle District of Florida, 1976. Assistant Attorney General; West Palm Beach 1975-1978; 1980. Legal Advisor, Palm Beach County Sheriff's Office; 1978-1980. Assistant State Attorney in Charge, Appeals/ Training Unit; Fort Lauderdale, 1980-1989. Assistant State Attorney in Charge, Felony Unit; Fort Lauderdale, 1989-1992. Chief Assistant State Attorney; West Palm Beach, 1993 to present. President, Homeowner's League of Chatelaine, 1985-1988. Board of Directors, Delray National Little League, 1992-1994. Board of Directors, Delray Beach Soccer League, 1988, 1995-6. Delray National Little League Coach, 1983- 1995. Delray Beach Soccer League Coach, 1983-1995. Board of Directors, Boca Raton Waldorf Schoo1,1983. TEACHING EXPERIENCE PUBLICATIONS -HONORS Board of Directors, Palm Beach County Sheriff's Office Cancer Fund, 1979. Advisory Board, Lake Worth High School Criminal Justice Academy, 1993-1997. National Youth Sports Coaches Association, 1988-1990. South Florida Alliance to Combat Theft in our Neighborhoods, 1989-1990. Faculty, National College of District Attorneys, 1995, 1996, 2000, 2001. Instructor, Prosecutor/Public Defender Trial Training Program, 1997-2003. Lecturer, Florida Bar CLE courses on Criminal Law, 1982 and 1984. Lecturer, Florida Conference of Circuit Court Judges, 1984. Lecturer, Nova Law School, 1984 and 1985. Lecturer, Broward County Community College Criminal Justice Academy, 1985 and 1986. Lecturer, Florida Prosecuting Attorneys Association Annual Conference, 1998. Lecturer, Florida Prosecuting Attorneys Asso- ciation Seminar on Drug Prosecution, 1983. Lecturer, Florida Prosecuting Attorneys Asso- ciation Bridge the Gap Seminar, 1986, 1987 and 1995. Lecturer, Florida Prosecuting Attorneys Asso- ciation Post-Conviction Seminar, 1985, 1997. Lecturer, Florida Bar CLE seminar on Media Law, 1988. Lecturer, Palm Beach County State Attorney's Office, 1993. Panelist, "Ineffective Counsel and Habeas Corpus", "You and the Law", Channel 17; 1987. Co-author, "Motions to Dismiss", Florida Prosecutor's Manual, 1988. Editorial Board, Florida Prosecutor's Manual, 1990. Distinguished Faculty Award: Florida Prosecuting Attorney's Association, 1996. Service Award: Florida Prosecuting Atorney's Association, 1987. OTHER PROFESSIONAL ACTIVITIES Executive Council, Florida Bar Criminal Law Section, 1988 to present (currently Chair- Elect). Florida Bar Criminal Rules Committee, 1988- 2000. Florida Bar Appellate Rules Committee, 1983- 1988. Florida Bar Capital Cases Committee, 1985- 1988; (Chairman, 1987-1988, 2000-2001). Florida Bar Criminal Law Section, Appellate Practice Committee, 1987-1988. Florida Bar Criminal Law Section, Education Committee, 1982-1983. Florida Bar Government Lawyer's Section, 1991-1993. Florida Bar Grievance Committee, 15th Cir- cuit, 1993-1996; (Chairman, 1995-1996). Florida Prosecuting Attorney's Association Education Committee, 1980-1995; (Chairman, 1985-1987). MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM #'"--~'~ -REGULAR MEETING OF AUGUST 19. 2003 APPOINTMENTS TO THE BOARD OF ADJUSTMENT AUGUST 15, 2003 The terms for Bernard Federgreen, Randee Schatz, Gary Rosen and Woodrow Lockett will expire on August 31, 2003 Mr. Federgreen and Ms. Schatz have fulfilled two full terms and are not eligible for reappointment. Mr. Rosen has been appointed to the Delray Beach Housing Authority. Mr. Lockett is currently an alternate member and would like to be considered for reappointment as an alternate member. The term would be for two years ending August 31, 2005. To qualify for appointment, a person shall be either a resident of or own property in the city, and/or own a business within the city. The following have submitted applications for consideration: Ilene Haym Cheryl Lee Bennett Woodrow Lockett Pearl Bunny Marldield Eh:od Mel Pollack David Redelheim Harvey St~rin A check for code violations and/or municipal liens was conducted. None were found with the exception of Mr. Starin. Please see attachments. Voter registration verification was completed and all are registered. Based on the rotation system, appointments will be made by Mayor Per[man (Seat #5) for a regnl,r member, Commissioner Costin (Seat #1) for a regular member, Commissioner Archer (Seat #2) for an alternate member and Commissioner Levinson (Seat #3) for an alternate member. Recommend appointment of two (2) regular members and two (2) alternate members to the Board of Adjustment for a two year term ending August 31, 2005. 07/03 BOARD OF ADJUSTMENT TERM EXPIRES ~ REGI..E.2~R MEMBERS OCL-'L~ATION TELEPHONE 08/31/2003 Bernard J. Federgreen, Vice Clmlr Construction Office: appt o~/oo 1260 Northwest 24~h Avenue (retired) Home: 265-3339 m~ppt o8/21/ol DelrayBeach, FL 33445 Cell: 573-7720 08/31/2004 JayB. Little Sign Contractor Office: 278-7814 Ap~ o8/o~/oo 375 NE yd Street Home: 561 832-6698 Reappt 08/06/02 JAMIE-Secretary DelrayBeach, FL 33483 Cell: 561 441-0097 08/31/2003 Randee S. Schatz, Chair Attorney Office: 561 833-1846 .~,~t 03/99 220 Sunrise Avenue # 209 Home: 274-0010 Reappt 08/21/01 PAT-Secretary Palm Beach, FL 33480 Cell: 561 601-7880 Fax: 561 833-1881 08/31/2004 Stanley Waxshaw Technology Home: 243-8740 Appt 03/20/02 unexpi~d 555 Southeast 6m Avenue # 5B Fax: 508 2506594 ~ppt 0s/0~/02 DelrayBeach, FL 33483 08/31/2004 Samuel Resnick Code Home: 330-8419 ~pt0*/06/o2 2835 Southwest 13~ Street Administrator/ Cell: 715-6166 Delvay Beach, FL 33445 Engineering ALTERNATE'S 08/31/2003 Vacant Home: Office: 08/31/2003 Woodrow Lockett Cell: 271-3847 ~t o~/o7/o3 ~i~a 595 NW 50' Avenue Home: 4901052 DelrayBeach, FL 33445 Office: 2706715 ?ontact: Karen Schell x-7056 S/City Clerk/Board 03/Board of Adjustment Send Agenda to: George Diaz, Brian Shutt & Donna Quinlan Fax final Board Order to Randee Schatz for signature Copy of approved minutes to Donna Quinlan & George Diaz. ' CE200101 Ci''- of Dslray Beach Florida - Case Inq._~ry - General Information ~'ames Case nbr Property ~d~r;s;,'ID . . Property Control Number 02 00013331 3498 HARBOR CIR 12 43 46 33 16 000 0390 4/01/03 14:08:46 238360 Case status, desc Case type, desc, es~bi Origination code, desc Default inspector ID . Tenant name, number Case credit balance : AC GC CC : PN ACTIVE GENERAL VIOLATION CODE CASE CITIZEN COMPLAINT PIERRE NORMIL .00 12/30/02 ......................... PROPERTY OWNER Name . . : STARIN HARVEY D & DOROTHEA M Address : 3498 HARBOR CIR DELRAY BEACH Print ltrs .. : Y Phone : FL Zip : 334838029 CE202101 City of Delray Beach Florida Case Text Inquiry Case number : 02 00013331 Property addr~s~,'ID : 3498 HARBOR CIR Property Control Number' : 12 43 46 33 16 000 0390 4/Ol/O3 14:08:59 238360 Tenant name, number Case narrative SCREEN PORCH PATIO /.NO PERMIT AND INSPECTIONS... SENT TO CEB PL%S PERMIT.,NEED MORE TIME...POSPOND..3/20/03 Violation oo~mnents PERMIT + INSPECTIONS REQUIRED ACTIVE PLEASE OBTAIN BUILDING PERMIT FOR NEW SCREEN PORCH PATIO INSTALLED RECENTLY AND INSPECTIONS AP~ ALSO REQUIRED. THANK YOU. ~n~pection PreslEnter to continue. 12/30/02 2/O3/O3 3/2O/O3 12/30/02 12/30/02 12/30/02 F12=Cancel DATE: 7/10/03 PLAN REVIEW CORRECTIONS REPORT PAGE City of Delray Beach Florida 100 NW 1ST AVE DELRAY BEACH FL 33444 APPLICATION NBR . : 03-00083542 ~.DDRESS ...... : 3498 F~%RBOR CIR APPLICATION DATE : 2/24/03 APPLICATION TYPE . : SCREEN PORCH (SCREEN SIDES, HARD ROOF) OWNER ....... : STARIN F~RVEY D & DOROTHEA M 3498 F~BOR CIR DELRAY BEACH FL 334838029 CONTRACTOR ..... : OWI~ER/BUILDER DELRAY BEACH FL 33444 AGENCY NAME: PLAN REVIEW DATE ACTION ACTION BY 3/01/03 RETURN TO AGENCY NEXT GEORGE DIAZ/243-7207 5/05/03 DISAPPROVED FRED GREENEERG/243-7165 * COMPLY WITH COMMENTS FROM OTHER DEPARTMENTS AS SHOWN. * IF SCREEN ROOM IS ALLOWED TO REMAIN, ~ FOLLOWING ITEMS MUST BE ADDRESSED: 1- WALLS A&B ON PROPERTY LINES WILL BE REQUIRED TO BE ONE HOUR FIRE P~ATED - NO OPENINGS. 2- NEED ENGINEERS REPORT ON ENTIRE STRUCTURE INCLUDING WIND LOAD CERTIFICATION. 3- HOW IS SCREEN ROOM ANCHORED? AND TO W~AT? AGENCY NAME: ENGINEERING DATE ACTION ACTION BY 3/12/03 DISAPPROVED DIANE PERSINGER/243-7327 1. REQUIRES APPROVAL BY P&Z PRIOR TO ENGINEERING REVIEW AGENCY NAME: PLANNING AND ZONING DATE ACTION ACTION BY 3/11/03 DISAPPROVED APRIL BOSNELL/243-7045 INDICATE DIMENSIONS AND LOCATION OF SCREEN ROOM AND PROVIDE DETAIL OF AWNING ROOF. PROVIDE DIMENSIONS OF PROPOSED PAVER AREA. APPLICATION MAY REQUIRE A CLASS I SITE PLAN MODIFICATION APPLICATION BUT THE ADDITIONAL INFO. IS NEEDED BEFORE T~AT DECISION CAN BE MADE. 4/~o/o3 DISAPPROVED APRIL BOSWELL/243-7045 AWNING ENCROACHES INTO REQUIRED REAR SETBACK OF 25 FEET. ENGINEERING ~ PLAN REVIEW MAY HAVE ISSUES WITH DRAINAGE AND FIRE WALL SEPARATION. 4/25/03 DISAPPROVED ROBERT TEFFT/243-7045 DATE: 7/10/03 PLAN REVIEW CORRECTIONS REPORT PAGE 2 City of Delray Beach Florida 100 NW 1ST AlrE DELR3%Y BEACH FL 33444 APPLICATION NBR : 03-00083542 AGENCY NAME: PLANNING AND ZONING DATE ACTION ACTION BY 4/25/03 DISAPPRO%-ED ROBERT TEFFT/243-7045 - APPLICANT MUST SUBMIT FOR AN INTERNAL ADJ~JSTMENT TO REDUCE THE REQ'D REAR SETBACK FOR A PATIO. A SITE PLAN MOD. APP. WILL BE REQ'D FOLLOWING THE INTERNAL ADJ. ~ PRIOR TO FURTHER PERMIT REVIEW. Mr. Gary Rosen 817 N.W. 2~d Avenue Delmy Beach, FL 33444 July 24, 2003 Hon. Mayor JeffPerlmnn City of Delray Beach 100 N.W. 1= Avenue Delray Bench, FL 33~.~~. Re: Zoning Board of Adju.xtmmt Dear Mayor Perlmnn. It has b~n an honor to ~rv~ as an ~ M~nnber of the Zoning Board As a result of my recent appohtxm~ to the Housing AWd~rity however, I hereby submit my resignnfion fi-om that Board. I look forward to continuing my work on behalf of the City of Delray Beach in my new position and npprecinte the con6denee that has been 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION l'leas¢ t~_p~., o.~ ~rint Iht I'ollo,~,ing int'orm,,rion: 4. Pfincipll Business Add~s~: Ci~ State Zip 5. ~omc Phonm Buinc.~ Phone: ~ ~ A~ss: C~ Phone: Fax: ~, ' ~at ~ardls5 arc you in~res~d in ~4n~ Ple~ lis* ~ ~ ~,~ce: ~ , 8. ~st ~ Ci~' ~ard* on wNch you ~c ~u~rly s~ ~ have p~'io~y ~c~: (PA~ mdu~c I.. lJ~r am' rulatcd pr,,fcs~i,,nl cc~fica~,ms ~d ~ccn~c~ wNch you hold: ._ 11. Givu y~,ur prc~cnt or most ~nt mploy~, a~d ~sidon: 12. Dc~cfi~ ~dcnc~. ~s ~ ~l~ whic~ ~aliO p~ ~, ~q'e *m ,his Iw,a~l: tTlez*c a~ a ,,l:,r~.:~.~o~a b.L.i~. k,;-.~ff t.~ ~,~.- .... c,~l~ncd~ in ~is applirad, ,n m~)' rau~ ~ ,~i,urc ul~n my ~ of any ~p~inmmnr I m:q. ~i,.~. This application will remain on ti1¢ in thc C. iB, Clerk's Offi--: for a Ix:,iod of 2 yca~ from thc date it was ~ubmirted. h will he thc applic~ne's responsibility ~0 ensure rhmz a current application is on file, JUL .3 1 2003 CITY CLERK Xlene B. Haym 200 Mac Fariane Drive, # 604 Delray Beach, Florida 33483-6851 Phone: [561] 266-9975; Fax: [561] 266o9976: Cell: [561] 870-6706 E-mail: ihaym~adelohia.net EDUCATION M.L.$., School of Communication, Information & Ubrary Studies, Rutgers, t~e State University of New ]ersey, New Brunswick, N.t, 1992. · Zntemshlo: .lenldns Nemorlal Law Ubrary, Philadelphia, PA. 3.D., Washington College of Law, The American University, Washington, DC, 1972. · Assodate Editor, N4E~C. AN UNZVERSTTY LAW REVIEW. · Publishing Credits: CIvi/Right~ Removal Under28 U..,c.C 1,PI~.): One Hundred Years of ZnuOT/ty, 21 AN.U.L.REV. 375 (1972). - · Exchange ~tudent~ Exeter, England, 1971. B.A., Dougiass College, Rutgers, the State University, New Brunswick, N], 1968. EXPERIENCE V~:i~:~l~iS ADI~N~rRATION MEDIC &l. ~ WEST P~t~J~ BEACH. FLOR3DA 1. Medical Affiliations Coordinator 2001 - 2002 Duti~: Develop, Implement, coordinate and evaluate the Medical Affiliations program for the West Palm Beach VA Medical Center; serve as liaison to the Office of Academic Affairs [OAA] for medical affiliation activities; accountable for the budget line and all miatecl reports and surveys; serve as liaison to effiliated medical schools regarding medical student and medical residency procedural issues; develop policies and procedures regarding medical affiliation activities, medical resident and student supervision; establish prcx:assas for resident and medical student rotations, p _roc~___~ing and orientaUon; develop position descriptions for residents and medical students; collaborate with physician preceptors to design educational activities to support the programs; maintain competency evaluation records of medical students and residents and conduct evaluations of residency and medical student experiences; prepare the medical center for site accreditaUon as a training facility; coordinate meetings of the Residency Review Committee and reports to the medical staff on Medical School Affiliation activities. 2.ConUnulng Medical Edu~L;on Coordinator 1999 - 2000 Du'd~: Pmcjram Coordinator for Professional Continuing Medical Education [CNE]. Responsible for the Implementation, ceordlnation and evaluation of all Medical Center CME for physicians and the management of conUnuing education contact hour records for other professional disdpllnes, Develop activities that meet the requirements of the Florida Medical Association and other licensing boards. Naintain certification as a continuing medical education provider; administer the CME Committee budget; oversee the Tumor Board and Morbidity & Nortallty se~es; (=ordinate ~ the VlSN .lolnt Sponsorship CJVlE Coordinator. ~[g~_~i~: serve as librarian In t~e absence of the chief librarian; teach courses, Indudlng Intemel;, Intranet and the searching of library research databases. Serve as a member of the education training staff, teaching courses as necessary to support orgenlzational efforts. Hurricane/Emergency Preparedness teeRECEiVED JUL 9 n 2003 CITY CLERK 3.Medical and General Reference UbraHan 1997 - 1999 DuU~: Database searching, including all modules of ~e library on-line catalog, MEDLINE, C[NAHL, HealthStar, PsychL[T, DOCUNE, SERL[NE, CATL[NE, AVL[NE, VALNET and the Wodd-Wide-Web/~ntemet. Prepare newsletters highlighting library services and materials and prepare brochures to facilitate the searching of on-line and CD-ROM products. Oversee library assistants In the performance of their duties and coordinate with other members of the Employee Education Sendce staff. Provide Information upon request to all hospital staff on a vadety of subjects; manage the flow of information regarding such ~opics as Evidence-Based Health Care, Weight Management, Smoking Cessation, Quality Assurance and Patient Health Education. Assist the Chief Ubrarian with collection development for the Medical and Patient Health Ubraries; prepare updates and reports; copy cataloging. WIDENER UNIVERSITY SCHOOL OF k~w L~BRARY. W~.LM[NGTON, DELAWARE l. Head of Public Services 1994 - 1996 Duffs: Oversee the Public Services (Reference, Orculation, Inter-library Loan) - component of the Ubrary, Delaware Campus. Assess, evaluate, modify policies and procedures; promote access to the collection by developing brochures, pathfinders, bibliographies and conducting tours; represent the division throughout the library, law school, paralegal balnlng center and legal community; supervise and evaluate two full- time and three part-tree .I.D. librarians, three fulI-Ume non-.I.D, librarians, four and one- half support staff and over 20 student workers; hold monthly departmental and weekly reference meetings; attend full staff meetings; prepare annual reports; provide reference service for patrons; give in-class and individual instruction in the searching of the on-line catalog, various CD-ROM products, the [ntemet and on-line services. 2. Reference / Computer A~isted La~al Research [CALR] Ubrarlan 1993 - 199q Dutl~: Provide rc;'c~er~e sewice to patrons and participate In the Reference rotation; give instruction in the use of library materials and tours of the facility; provide "clip service" searches for faculty; develop brochures detailing the use of the on;line catalog and CD-ROH products; develop procedures to fadlitate the searching of the on-line catalog; conduct searches for patrons; teach E-mall and Internet searching; provide reports on computer research; attend meetings, publicize on-line and CD-ROH products available for public use; supervise student representatives of the on-line services. LAW OFFICES OF3AHES E. BE~SLEY, ESO., PHZU~EI. Pfl]rA. PA Law / Nedical Ubrarlan 1993 - 19°~, Duti~: Medical (t~dltional and on-line) research; traditional and on-line legal research; collection development; inter-library loan; general reference service for.lames E. Beasley, Esq. and approximately 20 attorneys/physicians/engineers. THE TOWNSH~'P OF CHERRY HZU.. NEW 2ERSEY Zonin~ Officer 1988 - 1990 Duties: Receive and evaluate alleged zoning violations filed with the Department of Community Development. Inspect, or oversee the Inspection of properties; Interpret the Zoning Ordinance; review residential plans for the Planning Board; serve notices for violation of the Zoning Ordinance; appear In Munidpal Court. 3EW%SH COMMUN%TY VOXCE, CHEKRY HZLL, NEW .1ERSEY A~sistant Editor 1986 - 1988 Duties: Write and submit articles; prepare promotional materials; conduct Interviews; do research, as necessary; edit canned press releases and submissions from community organizations. Beginning in 1985 and continuing through 1991, sewed as freelance writer. FEOEIL~L COMHUNXC~Ikl'~ONS CO~HT~T()N, B4~C)AJ)CA~'T BUKEAU. W~TNG-FON. DC Attorney Advisor 1973 - 1974 Duti~: Review applications for AM/FWI radio stations; write internal memoranda that were submitted for en banc consideration by the Commission; draft published ,evb O~.o~-~ In contested cases. GENERAL SERV'ZCES ADMZNZSTRAT%Ofl, C)FF%CE OF THE GENERAL COUNSEL. WASHZNGTON. DC Attorney Advisor 1972 - 1973 IZ~: Analyze legal __k~__~ relating to procurement of personal property materials and non-personal services; research problems related to the Federal Supply Service (contracts for property or services, manufacture or furnishing of property; negotiation of o~ntracts, advertising, bidding process, etc.); general legal research; compile legislative history of Freedom of information Act [FOL~]. LICENSES / ACTIVITIES Admitted to pracUce In the courts of: Washington, DC, by examination District Court for the District of Columbia, by Petition New York State, by examination Member, Board of Trustees, Cherry Hill Free Public Ubrary Vice-President Certified by the Florida Nedioal AssodaM~ as a Continuing Medical Education Coordinator Volunteer, West Palm Beach VAMC, Public Affairs & Medical Media Service Assist Webmaster with development of VA [.bdnat and patient Internet see. Volunteer, Delray Beach Public Ubrary Assist at Reference Desk 1973 1973 1981 1988 - 1995 1990 - 199~ 2000 - 2002 Wlnter/Spdng, 2001. Cunent 0~.'28,'02 TL'E L?:09 FA] gf! 243 3T74 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Ctry J 5. Home Phc)nc: 6. Ate you a te~steted vo~r? 1,M. 1. L~ Z~ Code Zip Code ' Ci~.' Boards on ,~.'~ich =u ~rc c,.ttge;~4-.,' sctvinB oz h~ve prev~oo*ly sg~'ed: (Please ~c!ude dates) lay ~.-'la, rcd rE~[ession~! c~:a~cat~fns nad bcenses which 7ou l',olcl: ~.t ~ ~e s~ve ~m~ ~I ~, ~.d ] nD~ and ~n~t~n~ c~n~ m ~ J appficau~ ~) cause f~fe:~e up . p ) Pr No~: ~s~ ~Uc:don ~ te~ on ~e m d~e Ci~ Clerk s Office :or s ~ 7 ' ' cu~nt ap~on ;s on ~e. subdued. It ~ be ~e Ipp~cant's r~pon~b~w to ~s~c RECEIVED ~]31~/uo; ~,lonp3 ssou~, sn8 FEB ? 7 2007. GITY GLERK u~:O! :~0 /-,~ qo.-I Dec ZO O~ O~:25p Locket· 12/17/02 ~ 1~:29 FAZ 55! s~43 3774 1993 2001 Realtu Cl'~ CI~RK CITY OF DELRAY BEACH B ARD MEMBER APPLICATION p.1 1. laszNtme: LOCKETT Name WOODROW W. 2. Home Adckcss: Ci~ S~m ~ ~de 595 N.~. 50th Avenue Delray Beach FL 3344~ 3. ~ ~dc~cc: ~ S~ ~ ~de 595 N.H. ~0th Avenue Del ray Beach FL 33445 ~. P~cip~ Bu~in~ Ad~s: ~ S~m Z~ 135 S.E. 5th Avenue, Suite 1-N Oelray Beach FL 33483 5 Home ~o~e: ~us~ess Pbo~: ~ Ad~ ~ ~o~ F~: 56 Leckettreal 1-496-1052 5~-276-6715 .AOL~0~ 561-271-3847 561-276-679; 6. ~c you · ~cd vot~? If so, w~ am ~U s~ster~? Yes. Delray Beach~ FL 7. ~ac ~(s) ~ you ~ter~ in ~e~ ~e U~c ~ o~: of 8. Us, aU ~' ~ards off ~ch ~u ~ co~eu~ s~ or hz~ ~ ~ ~M i~ ~) ~e~ved one ~e~m ~h A~o~dab]e Housin9 4~ t~e yea~ 2000. 9. ~n~qu~om: eac~e]o~'s Oe~ee ~n ~ene~a~ ] 0. ~sc any ~ted ~o~i~ ~m~a~om and Uce~s ~ch you hold: ~ a~ presently e L~censed Rea] EsCaPe 8~o~er &Lic. ~or~a~e ~oke~ t~. Give your ~c~k or mos~ ~cnr mppm, ~d ~ am present]? self-employed as a Rea~ Estate Br~ker ~ Locke~ Realty and a Licensed HOg. Broker for Abe~3 Homes Loans 12. Dcs~bc ~, s~ ~ ~led~ ~ ~ ~ m s~c on ~s ~ ~J~ ~ · ~ have mo~e ~han 16 ~ea~s o~ R~1~entja~ Real Es~a~e ex~er~'ence. And prior to Chat, I ~orked as a Residen~Sal Rea~ Es~a~e Appraiser in Austin, Texas. 12/20/02 SIG~ Note: ~ application will r~msin on ~lc iD ~h~ C~ty Cl~&'s Ol~s~e fo· I ~ of 2 yeats f~om the a.~, it submitted. ]t ~ bc ~hc tpldicm2~'s rcspont;b~lity to ensm'e ·hit · cutrgnt ·pplicadoo ~s on t-de. RECEIVED DEC 2'0 2002 CITY CLERK 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION /)Jesse tTpe or p~At d~e fol]owi~ omc ~, s: :3. ],~g.~ R,*s~dc~cc: i ~' Home ~: 11. G~c yo~,~r~s~ o~ /:~d~ s~o~ JUL 2 Pl~ ~ i~.~i~ on ~lc in the ~.~_l~Or · l~iod of 2 ye&-s from the d~t~ it was submitted. It w~ be the tpplJcant's n:spob~'~t~ t~t~"~.~ ~tl~t ·cuttent applica~on is on file. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or pet ~he following in£ommtion: 2. Home Address: State Zip Code 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code $, Home Phone: Busincss Phone: E-I~dl Ad(~'ss: Cc]] Phone: F~: 6. Are you a l~jstered voter? 'If so, ~here ~re you registeredL 7. What Board(s) ate you im~¢~ted in ~ Ples~e lis~ in order o£p~fe~ence, tt~ ,.~d * t= ~ ,ti · tx ~ · .~a. 8. List all City Boards on which you m'e curt~n~ setwing or l~tve previously setw~l: ~lease include dates) 9. F,,ducmiorml qu4ifications: 10. List eny ~l~tcd professional cer~fic~dons and licenses which you hold: 11. Give yo~ Present, or most ~"cent employe~, and position: 12. Describe expedeaces, ,~in~ or knowledge ~daich qudify you m serve on this board: (Please attach st brief resume) RECEIVED JUL 3 I~ Z003 CITY CLERK ~, DELRAY BEACH 199 3 2001 APPLICATION submitted. It will be thc ~pplimt's responsibilit~-kr"~,~d~ ~t~r'c~xent ~pplicauon ~s on file. JUL ? 5 2003 CITY CLERK OBJECTIVE: To secure a challenging executive position employing professional and persomfl st~il~y ~x,mbha~d ~ a hi~y of ~z.z~ fal -~I~ ~-ow~h i~ a ~'~ding retail environment. T. DUCATION: Masterof Am Degree~ Vi~laao~l.Inivefs~, ~F..~ova, 1~- 1974 Bachelor of Arts Degree, Pennsylvania State University, State College, Pennsylvania, 1970 WORK EXPERIENCE: Merchandise Manng~r, 1981 to Preae~t. Career progressimtfromExecutive Tta~n~g~a~'~ Manager toRe~onal Home Furnishings position to Divisional Merchandise Manager. offo ' · r-lo,ida. Responsible for driving $35 million home fumishings/meffs volume. Omsm~ngwritt~a~l verl~ oommunicat~ns. Excellent working relationships with sup~iors, dir~t r~'gorts and c~ntral oration. Robbim Jew ' ' , ~ laemasyl~Op~tions Manager, 1976to 1981. R~sponsible for supefvisioa of fou~ ~n~/aowrq~m locations, e, entral warehouse and buying organizations, reporting directly to principals ofeompany. Cemtnmlat Seho~t~,ie~ Wamins~, Pemsyt~ Junkn High ~hool English Teacher, Athletic Coach, 1970 to 1976. PERSONAL INF~TION: Petard h~i~.~i~. ,~dius, h-a,~4ir~ ired h-ip ~a~ physicatfi[ness, gardening, ballet, theater and painting. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t]~e o~ print the followi~infom~tioa: S~te Zip Code 3. ~ R~dmce ~ Sm~ ~p ~e 4. ~ B~ess ~ss: ~ S~ ~p ~e 5. H~e Phone: B~ess Phone: ~ A~ess: C~ Phon~ F~ 7. ~t Bo~(s) ~ you ~ ~ ~ P~t ~ ~ of ~: 8. ~ ~ ~ Bo~s ~ w~ you ~ ~fly ~ ~ ~ve ~y ~: &~ ~e ~) ~OHff 9. ~u~fio~ q~fi~fions: m 10. ~st ~y ~t~ pm~o~ c~c~fions ~d fic~ w~ch ~u ~ol& 11. Give yom p~nh or most ~mt ~lo~r, ~d ~fiom 1~ ~be ~m~, s~", ~ ~1~ ~ ~ you m s~ ~ ~s ~ ~ ~ a ~cf ~c) Note: This application ~ remain on file in the City Ciexk's Office for a pedod of 2 years fxom the date itwas submitted. It ~ be the applicant's responsibility to e~sttre that a ctm'ent npplicadon is on file. RECEIVED NAR 3 1 2003 CITY CLERK Attachment to Section 12 City of Delrey Beach Board Member Application I believe I am qualified to serve my city on one of its boards because of my professional experience, my commitment to seeing our city grow and prosper in an orderly fashion, and my belief that the needs of all our citizens should be served in a fair and compassionate manner. First, I am a licensed and active Realtor" in the City of Delray Beach. I am committed to supporting a balance betv,'=c.n our need for growth and development and our desire to maintain our rich cultural herffage. I believe that opportunities for growth and development should reflect and support both our city's history as well as our nccd to supply all our residents with a wide range of housing, educational, employment and entertainment opportunities. My previous experience as · senior executive in the high technology industry enables me to understand the impacts of budgets on growth and gives me the ability to make the sometimes hard decisions required to balance 'needs" with 'wants.' As a manager familiar with strategic and long term planning I understand the ~,ccd for implementing orderly and controlled processes for viewing a wide range of requirements and the benefits of consistency in any review process. Second, I feel a strong commitment to seeing our city grow and prosper. I was among the first graduates of the Delray Beach Resident's Academy (November, 2001) and found the experience both educational and inspiring. I learned a lot at that time I promised myself that I would be back to take a larger part in making our city one I was proud of. As a resident I take pride in "my city" and do all I can to show that pride by attending events and taking an active part in city business. I have attended numerous Commission meetings and leemed a lot about the process of how our city government operates. Now I feet it is time to give something back and participate in a way that will have an impact. Instead of just talking about what happens, I want to volunteer to help make things happen. Finally, I believe the needs of all our citizens should be served in a fair and compassionate manner. The many boards in our city are charged with implementing the rules and procedures by which wa live. Rules make our society orderly and allow opportunities for all to live peacefully and in harmony. Yet I believe those rules should be enforced with an eye toward the end result ~hey were intended to achieve. As such they must be dealt with in a fair, responsible and compassionate manner that allows all city residents to enjoy the city's benefits and its opportunities. HARVEY D. STARIN ~4t98 HARBOR CIRCLE DELEAY BEACH FLORIDA TEL 561-272-1665 - FAX 561-243-6087 - EMAJL: hstarin~ao .com Strong Sales Skills, Focused On Results & Customer Satisfaction Strong customer relationship management skills and extensive customer service experience Skilled at customer development and sales. · Highly organized time manager, adept at balancing multiple competing objectives Extensive customer facing direct sales and sales management experience · Excellent writing and presentation skills. · Skilled tradeshow manager, ~om concept and theme development to show/booth mnrmsement- Licensed US Coast Guard Captain BS, Advertising and Mmke~g. University of Florida MBA, University of Florida Kellogg School, North~__ ~ University, Executive L~ _ __~.~hip Prc~ .,,~ Senior Mnrketing Executive Experienced in Marketing, Sales, Strategic Planning, and Operations 2001 to 2002: Saratona Telecom. lne.: National Retail Saim Manager. Hired, developed and managed outside sales force selling telecommunications services to and prepaid phone card products to the marC,-ne industry nationwide. Perfo~ r.~ed direct customer contact. Developed retail sales strategies to increase volume and market penetration in this highly competitive industry. Developed and prepared reports for sales, distribution, sales force productiv/ty and demand forecasts. 1999 to 2000: e=exhibit.eom. Boca Raton. FL Co-Founder and President of Internet Business-To-Business e-commerce startup venture with respous~illty for all activities as.~c'mtad with creating and building the fn'st Internet "Virtual Trade Show." 1997 to 1999: Lnceut Technolonies New Vontums Grouo. Murray Hill NJ General Manager- Persystant Technologies: Created and hunched a new Lucent Internet startup venture for the delivery of interactive training over the Intemet. Respous~le for negotiating and closing all initial test customer and first service client cotrmv~ with Fortune 100 firms. Created the vision for the company, directed sofia/are development and all customer rehtad nctivhies in the mu~'billinn-dollar adult learning, corporate 1993 to 1997: Lucent Technolonles & AT&T. Baskina Rldee. NJ General Manager- Learning Works: Crmted and brought to market the Lucent Technologies "Learning Works" integrated solution business to address the multibiilion dollar c~ in applying high technology to the ~]nln~ and odBc4ttinl3 mawket. SUCCeSSfUl/~ed pH;Xhict testing and fn~t service sales with senior training and corporate ~ecutives of parmer £um.~. Director of Marketing and Strategic Planning: Created and coached the teams that delivered high impact customer sale support applications to support peneUation ofvlsual communications products and network servk~s among large business custom,rs. 1988 to 1992: AT&T General Bminees Systems. ParsiDuanv. NJ Product Marketing Director: Respous~le for aH product nmrketing activities, marketing collateral development, salm suppo~ materials, mule show mana~emeat and execution and media rehfious. Other Exoerlence: AT&T Info~mafion Systems: Branch Sales Mann~ - Ft. Laudmdale, FL and Atlanta, GA. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # - REGULAR MEETING OF AUGUST 19, 2003 APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS DATE: AUGUST 15, 2003 The terms for Ron Brito, Claudio Camilucci, Fred Fetzer and Sal John Pala will expire on August 31, 2003. Mr. Fetzer has fulfilled an unexpired term; Mr. Brito and Mr. Pala have fulfilled one full term. Mr. Fetzer and Mr. Brito are eligible and would like to be considered for reappoinlment. Mr. Pala is not interested in being reappointed. Mr. Camilucci has fulfilled two full terms and is not eligible for reappointment. The term would be for two years ending August 31, 2005. To qualify for appointment, a person shall have actual previous experience in their respective trade or profession deemed sufficient by the Commission. Residency is not required. A person need not own/operate a business in Delray Beach. Membership is composed of the following: An alr-conditiohing contractor, an architect, two general contractors, a master electrician, a professional engineer, a master plumber, a realtor or insurance agent, and a sign contractor. Attached is a listing of the current Board members and their occupations. The following applicants would like to be considered for appointment. Please see Exhibit A A check for code violations and/or municipal liens was conducted. None were found. Voter's registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4). Recommend appointment of four (4) members for a two year term ending August 31, 2005. BOARD OF CONSTRUCTION APPEALS EXHIBIT A A/C Contractor Architect Reginald Cox Jose Aguila General Contractor Ron Brito Electrician Engineer Fred Fetzer Plumber Real Estate/Insurance Agent Pearl Bunny Markfield Elmd Lesley Deutch Sien Contractor Miscellaneous Mel Pollack (Environmentalist-Land Planning) Norman Rosenblatt (Environmental Supervisor) 04/03 BOARD OF CONSTRUCTION APPEALS TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRES 08/31/2004 George Brewer Architect Office: 272-7301 Hp~ ~/06/02 204 Northwest 9e Street Home: 272-1119 Delray Beach, FL 33444 08/31/2003 Ron Brito, Vice Ouak General Contractor Office: 279-0311 Hpt 09/ca/01 2559 Webb Ave # 2 Home: 734-8828 Delray Beach, FL 33444 Fax: 279-0335 Cell: 561 441-1767 08/31/2003 Claudio Camilucci Sign Contractor Office: 272-5137 HptOs/99 1115 NE Swinton Ave. Home: 276-6948 Pe~vpt 09/04/0~ : DelrayBeach, FL 33444 Fax: 272-9065 Cell: 271-4788 08/31/2003 Fred Fetzer Engineer Home: 276-6712 U~uH~ o4/~s/o3 932 Evergreen Drive Cell: 715-9030 DelrayBeach, FL 33483 08/31/2004 James A. Griffis, Chair General Contractor Home: 276-0068 Unexpised 03/00 555 S. E. 6th Ave. # ll-D Fax: 278-8303 Peappt 10/00 Peappt o81o6/o2 Delray Beach, FL 33483 08/31/2004 Mary Ellen Keating Construction/ Office: 561 540-9100 ~ Hpt 04/~5/03 5749 Via De La Plata Circle Teacher Home: 865-4500 DelrayBeach, FL 33484 Cell: 212-9280 08/31/2004 Clifton 1W-_fller General Contractor Home: 499-4899 t~Hr~ o4/~5/0~ 4691 Hammock Circle Cell: 954 557-8868 DelrayBeach, FL 33445 08/31/2003 SalJohn Pala Master Plumber Office: 276-5666 Hpt0~/o4/m 937 SE 14~ Avenue Home: 9 954 428-3127 Deeffield Beach, FL 33441 Fax: 265-2467 Cell: 954 579-0741 08/31/2004 Oais Ryan Air Conditioning Office: 736-1043 ~ ~0/00 1402 Cormorant Road Contractor Home: 274-6254 Peal>pt 08/06/02 Delray Beach, FL 33444 Contact: Karen Schell 243-7056 Send Agenda to: George Diaz & Brian Shutt S/City Cl~rlo'l~oard 03/BOCA F'P. EU'I : R'OBEP,',T G. CLIE'.P, IE PRP. TIIEF~HIP PHOllE IlO. : SE,! 243 14:11 l-'.-d[ '~1 J.t3 37?4 ~I'J~' CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ]'un. 17 ;-'002 02:'3~.,F'H P2 ~-/7 -~/ Zip Coa, Zip Cc~l* 11. Give your pres~z, ce most L JOSI~ N. AGUILA~ A.I.A.~ NCARB Home 800 SW First Court Boynton Beach, Florida 33426 (561) 737-8894 AR 0015349 Office 134 NE 1st Avenue Delray Beach, Florida 33~.~.x. (561) 276-4951 QUAUFICA TIONS Registered architect with over twenty years of architectural and construction related experience ranging fi'om residential to large scale commercial and governmental projects, with proven abilities in production, project management and construction administration in both public and private sector. EDUCATION Bachelor of Architecture Florida A&M University, 1988 Bachelor of ~clence in Architectural Studies Florida A&M University, 1981 CERTIFICATIONS Flodda Registered Architect MEMBERSHIPS Member American Institute of Architects National Council of Architectural Registration Boards WORK EXPERIENCE June '99 - Present, Project Manager/Architect, Robert G. Currie Partnership, Inc. March '98 - June '99, Senior Construction Manager, O'Connor & Taylor, Inc., General Contractors. September '93 - March '98, Construction Manager/Architect, City of Delray Beach. March '83 - September '93 Cuttle Schneider Associates ALe,, PA. Delray Beach, Florida. Associate, Project Manager. PAST BOARD MEMBERSHIP Boynton Beach Building Board of Adjustment end Appeals Boynton Beach Planning and Zoning Board Boynton Beach Downtown Review Board Boynton Beach City Commissioner/Vice Mayor Boynton Beach Community Redevelopment Agency Palm Beach County Municipal League Treasure Coast Regional Planning Council Boynton Beach Planning and Development Board OZ/]4/02 THU ]0:39 FA~ 661 2'43 37'74 993 CITY CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION p.~ . BRITO ! Nsmc RON ~l. $. 2. H"-m'- A~-- Cit~ State 198 S.E. 27th Ave. Boynton Bch. Fl. ~e S. ~ ~e,~egce: same ~ ~ ~ ~c -- 2559 Webb Ave. D~lray Bch. Fl. 33444 5. Ho~ Ph~: Bu~ess Pb~: ~M~ A~ess: ~ Ph~e: Fax: 734-882~ 279-03~ ~ ECZ~OEEOaol. ~o: n 44~-1767 279-0335 6. ~ you a ~stered yes lfso. wh~ ~e you re~stc~d? Boynton Bch. 7. ~ar B~rd(s) ~ you mt~st~ ~ se~ P~se ~st ~ ~ of~e[~: Education Board uonscrucclon ,oaro oz Appeal~996/~002 see resume ~0. ~ soy ~d profgsuo~] c=~G~dons snd ~ses w~ Fou bo~: State General Contractor! License's in Florida CGC-047369/ Calif. 388997 / USVI 2-01392-92 Enterprise Contractors Inc. - owner & President R~lf ~mnloved since 1979 / tw~ chilSren that oraduated fro~ Atlantic H.S. & two more getting ready to graduate / I teach a bible study at our church / several board positions at church application will remain on ~le in the C.i~ Clerk's Office for · petiocl of 2 yeau f~om ,4,e rime it was submit-ted It viii be the tpplicont's responsibility to ensure that · c-~ent applicmion is on RECEIVED FEB 1 ,~ 2002 Ot,TY C LE.~ RON BRITO, GENERAL CONTRACTOR 198 S~E. 2~ Avenue Boynton Beach, Florida 0611 $78-7118 WORK HISTOR Y: 1965 - 1979 Fourteen years as a framing and finish carpenter in Rh, erside, San Bernardino and Laguna Beach, California. Production framing on several multi-family complexes, housing tracts, and high quality custom finish work Seven years as Carpenter, two years as Leadman, frye years as Foreman on new residential and commercial projects, as well as renovations and remodeling. 1979 - 1983 LICENSED BUILDING CONTRACTOR/C~LIFORNL4 Lie. B-388997 Spent five years subcontracting and running framing, siding, trussing, floor joisting, and stair installation on multi-family complexes from large contractors. During this time, I contracted new single-family homes, additions, remodeling, commercial roofing, and commercial tenant improvements. 1983-1985 Job Superintendent on custom housing in the Nashville, Tennessee area for one year. Subcontracting framing, trussing, and siding jobs for the next two years. 1986-1989 LICENSED GENERAL CONTRACTOR/FLORIDA Li~ CGC-047369 Worked at "The Township" as Punch-Out Foreman for one year. Worked for David Jones Construction at Gleneagles, Polo Club as Lead Carpenter and Foreman for one year on 32 eight-plex wood frame multi-family units. Worked for Davis Brothers as Superintendent on Brighton Lakes in Boynton Beach, building 36 wood-frame duplexes. Constructed custom housing from Manalapan to St. Andrews, Boca Raton. Received General Contractor's License in February 1989. 1989 - 1991 LICENSED GENERAL CONTRACTOR/U.S. VIRGIN ISLANDS Lic, 2-01392-92 Traveled to St. Croix after Hurricane Hugo for 5 days to bring supplies and help restore power and water to units of condominiums for a frtend. Agreed to come back to restore two houses. Restored fourteen residences, two commercial buiMings and six rental units. Also completed work in St. Thomas and St. John on custom homes. Acquired General Contractor's £icense in the Firgin Islands in February 1990. Returned to Florida in July of 1991 and began new additions and remodeling projects. After Hurricane Andrew, I opened a field office in Miami for restoration work My Miami office completed 16 residential restorations and about 32 roofing projects. RON BRITO, GENERAL CONTRACTOR Page 2 1992 - 1993 Yeas asked to take over operations of Falkav Construction as General Mgr. and to qualify the company. Falkav Construction was, at that time, under contract with the City of Delray Beach for the new Tennis Center (2.5 million-dollar contract) and was engaged in school projects for districts from Lake Yeorth to Miami-Dade County. Although, after a thorough research, I decided not to qualify Falkav, I brought the Delray Tennis Center to substantial completion in time for the Virginia Slim Tournament, and all of the school jobs were in line. 1994 -present Owner and President, Enterprise Contractors, Inc. Enterprise has completed many local residential and commercial projects since it's inception, including new construction, additions, remodeling and historical renovations (such as the Sandoway House Nature Center in Delray Beach). In August 1995, I was appointed to the Construction Board of Appeals in Delray Beach, and I was the Board's Director for a 2 year term. PERSONAL HISTORY: I am 55 years old, married, and have four children. I have two years of college, majoring in Business Management. I am an active member of my church (SD.4), where I have been a Deacon for 14 years and am currently a Sabbath school teacher for young adults. I also sit on the Church's Building Committee. I own a home in Boynton Beach, where my family has lived for 16 years, and I am a member of the .4rchitectural Review Board for the Vernon Heights Property Owners' Association. I am also a 16-year member orA,4, and am active on several committees. Tennis, surfing and jogging are my favorite pastimes. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t~pe or print the followin$~ informition: 2. Home Address: Ci State Zip Cod. e 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone:X//;j[- E-Mail Address: [ Cell Phone: Fax: 6. Areyou,re~isteredvote~?~ Ifso, wbereareyou,~stered?~b~ ~/~ ?. What Bo~d(s) arc yo~ im=¢s~'ed'in s¢~-~? Plcas~ list i~ or&~ ofp~f=~nc¢: 8. List all City Boards on which you are currently sen4ng or h~ve ~reviou~ly served: (~lease include dates) 9. F_xiucationul qtmlit~cafions: 10. List a~y related professional certifications and'licenses which you hold: 11. Give yo~tr present~ or most recent ~'mp]oye~, ~nd posigon: / 12. Descfib~ experiences, skills or k~o~led~ ~kich q~lify ~ ~o serve o~ ~ bo~d: (Please st~ch a brief ~s~me) I hexeby certify that all'the above statement~ a~e true, and I agt4e and understand that any misstatement of mag/~fial facts containesl.~n this application ~v/ay cause forfeiture upon my pan of any appointmemt I may t~c~ iv~ Note: This application will remain on file in the City Clerk's Office for a period of ~y~_ars fi.om the date it was submitted. It will be the applicant's responsibility to ensure ~[~[i[~l~l[~fion is on file. APR 0 2003 REGINALD A. COX 407 East Coral Trace CL=cle Delray Beach FL 33445 (561-266-5748) Objective: To obtain a p~ttfon in a construction or related or~m~zaflon focusi~ on architectural, construction, business or related mam~ment or instruction. The environment should encour~e professional development and offer c~rmer ~lvancement opportunities. HIGm'.IGHTS OF QUALIFICATIONS · 12 yeats diversified experience in Atchitect'~e, Civil F. agincer~g, Consffoction M~n~ment, and Surveying/Mapping. (6 years an:hi~ctural q~ocific.) · Ability to p~iorhize, delegate, ~md motivate. · Quick learoer, thrive in a dynamic, challeuglng euv'u,~,.,,..uL · Work cooperatively widi a wide rangn of clients. RELEVANT EXPERf~.NCE & ACCOMPLISH]VIENT$ Comtracflon Docomematlon · Associate Deg~ee Drafting and Design Techuology, Palm Beach Community College, 1990 · Reco~!,e and understand drawings/symbols f~om atchitecun'al and engineering drawings. · Oversaw, updated, and m~,h-,~,,,d civil engineering systems drawings for the City of DeLay Beach Environmcntsl Services Deparanent for fora'years. · Successfully completed architectural construction doo,m,"uts for educational, office, residential, ¢omrnergJa], and ~e~ofit projects over the last nine years. · Analyzed and inte, l,,=ted legal descriptions to produce digital surveys, maps, and resource boundaries. Conservation and Roczeafion Lands Program (CARL), Florida Dept. ofF. nv. Protection · Production Team member for several commercial, office, and educational facilities in Central Flofian · Performed construction documentation review for compliance with municipal, state, and uatiouai building codes. · Perform su'uctural building inspections fem' residential and Commm'eial facilities. · Perform shop drawing review for multiple educational mercantile, and business facilities. Administr~tfon/M~ma~emant · Responsible for {raining aald overseeing dra=flJzlg techniclnni in the l~l'odtl(ztiOll of working drawings for multiple commercial projects. Sverdmp CRSS, 1998-2000 · StlCceSSf~Hy mmn~d various ~tectHra] lxojocts, with budgets over $1,000,000 fxom ptellminary design through construction documentation. · Responsible for reducing consUucfion docun~nt ?hz~ by 50% on 45,000 SF me~an~le projects. · Monkorcd and ~ cost inforr~fion to area ens~*~rs and m'chitects for co~! control data and collocted Inf~m~*ion fro' specific discipline. Bechtel, 1992 · Admini~tered subcontract procedures, as applied to lower-tior subconim:tors, Bechtel 1993 · Produced spreadsheets as requized for submittal, inspections, and boisfiug and rioelng as pe~{ning to subconmiets under the U.S. Depm-u~ent of Energy prime contract. Bechtel 1993~ ' · Oversaw and directed FAMU-NOMA ndmh~{muative functioas for three years. (1993-1996) · Developed divisino ofresix~na'bilities and standing commi,~-* · Developed and supervised ~.~{,~,~onal budget · Org~{,ed key personnel towards establishing a Florida chapter of the National C)r_~{-a~on of Minority Atchitocts CNOMA). (May 1999) Computer Skill. · Respensible for up~g computer hardwa~ and software, working as office liaiann for computer problems. Office of Eavironrn~ntal Services, State of Florida · Over eight years diversified experience using AutoCad (Release 9-14) · Completed course in Advanced PC Troubleshooting. (Jtme 1996 Ea~ential Seminars) · Competent user of a variety of software which include MicroStation, Microsoft Woni, Excel Outlook, CorelDraw, WordPe~oct 7.0, ArcVlew, Novell GroupWLse, AS400, and Auto Architect Page two REGI TALD A. COX WORK m TORY Nov'01 - Project Coordinator Oct '00 - Nov'01 Plans Examiner 17 Aug '98- Oct '00 Project Architect Nov '97- Aug '98 Project Arehltect May '97-Nov'97 Intern Architect Sep '96-Feb '97 Architectural Drafting Dec '95-May '97 F.p~n~ring Tech~icia~ HI Aug '93-Dec '95 AutoCad Operator May '93-Aug '93 Subcontract Technical Rep. Jan '92-Aug '92 Field Tcchniciaa Jun '86-Dcc '91 Draf~pc~n Fsrmlng, rrlowey A.~ociates, West Palm Beach City of Ddray Beach, Delray, FL Sverdrup CRSS, Orlando (Jacobs Eng. Group) Hunton Brady Pryor Maso Atchiteas, P.A., Orlando ~Wil~-C~)odwhl and A~socia~s, Sta~e of Florida-Office of F, nviron~ntal Services Sta~e of Florida-By, eau of Survey and Ma~ui Bechtel Comm~ction-Aiken, SC (SRS) Bechtel Consu'ucfion-Aiken, SC (SRS) City of Delray Beach-Eavironrn~utal Services Dept. EDUCATION Master of Business Admlni~ati0a, - UNIVERsI'I'Y OF PHOENIX, 2001 Bachelor of Architecture -FLORIDA A&M UNIVERSITY, 1997 Bacheloi' of Science, Architectural Studies - FLORIDA A&M UNIVERSITY, 199~ Associale of Science, Drafting/Desi~ Technology- PALM BEACH COMMUNITY COl.! gGE, 1990 Associate of Ar~,s, Education - PALM BEACH COlvIMUhii Y COl 1 ]:GE, 1991 Dr. Richard Dozier, NOMA, MA- Professor of 3.,'chitectur~, Florida A&M Univ~rslty Roy F. Knight, AIA - Past President Florida Association of the American Institute of Architects Roland Udenze, MA - Past Presi&nt Orlando MA Dr. C, reg Brock, Ellvil'onn'~rJt~l Administrator, Division of State Lands FDEP 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t~pe or print the following information: i1. Las;Name': DEuTC. H Name I.~SLE¥ M.~.C. 2. Home Address: ~-a. ¥;~ a'~sqe, frO+- $Oq Cityoelco¥ ~e~ch State ZipCode 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: B~usiness Phone: E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? x~Cg Ifso, where are you registered? ?0i~ ~aCh 7. What Board(s) are you interested in serving? Please list in order of preference: 8. List all City Boards on which you are currendy serving or have previously served: (Please include dates) 9, ~lucafionalqualificafions: t~n,'~er~,~/0{ Penn$¥1van~'a, I~A Econo.Cc5 ll~e ~/tnG¢'cen Sth0ol~ I~S, ~°-blic 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 12. Describe experiences, ddll~ or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~e, ase. s~& ~'~ached 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. siGNATURE ~ ' DATE Note: This application will remain on file in the City Clerk's Office for a peri[~ ~f~..~r~r[~l~e date it was submitted. It will be the applicant's responsibility to ensure that a curlSefl~'ni'p'~'~tlo~h Yg"~YI~ file. JUL ? 9 2003 CITY CLERK July 29, 2003 Karen Shell City Clerk's Department 100 NW 1" Avenue Delray Beach, FL 3~.~.~. Dear Karen: Thank you for speaking with me this morning about becoming a member of an advisory board. I am very excited about the prospect of participating in local government. After growing up in South Florida, I moved away for college and subsequently spent 7 years in New York City. I have now moved to Delray Beach, and plan to reside in Florida parmanenfly. As my resume reflects, I have extensive corporate experience in public policy and real estate, and would like the opportunity to parUcipate in the public sector. AJfi3ough I was initially interested in the Planning and Zoning Board, I would like to be involved as soon as possible. Please cell me with any openings in real astate-related advisory boards, and of course I would like to meet the commissioner responsible for appointing the new members. Thank you again for your advice, and I look forward to becoming a member of local government! Best Regards, Lesiey Deutch RECEIVED JUL 2003 CITY CLERK EMPLOYMENT EDUCA~ON LESLEY C. DEUTCH 122 Via d'F. ste, #$04, Deb'ay Beach, FL 33445 Tal: (56]) 252-0] 75 E-malh ldeutch(~belisouth.net DB Real Estate/R_REEF levestment Managers Consultant · Continue relationship with DB Real Estate/RREEF Investment Managers described beinw~ DB Real Estate/RREEF Investment Managers (Sep~mber 2002 to June 2003) Vice President, Research Spearheaded the recent integration of DB Real Estate and RREEF real estate research. · Analyze market and submarket conditions for existing RRF. F.F industrial and office properties on the East Coast. Forecuste rents, supply end demsnd for valuation pmlx)ses · Provide market analysis for RREEF anquisions on the East Coast · Provide real estate research to the DB Real Estate Mezennine Fuad Deutsche Bank, AG (May 1998 to September 2002) Vice President, Global Real E~tate Research Covered and analyzed regional and real estate conditions across the United States. Wrote detailed internal and published repor~ for clients and bankers covering every major me~'opolimn area in the US and every property sector. Advise real esate, asset management, c~clit and private client divisions of the bank. · Primary author of 20 published reports, distributed to tho-~nds of clients and inveslment banks across the globe (see addendum) · Discussed real estate conditions with clients on a regular basis · Opening speaker for 2000 Deutsche Bank REIT conference in Amsterdam, Holland · Guest spewer at 2002 ULI conference in Kansas City · Guest lecturer in the NYU Real Estate Institute graduate school · Quoted in Financial Times article concerning the outlook for NYC Lehman Brothers, Inc. (August 1996 to May 1998) Financial dnatys~ Public Finance Group Stru~ and executed tax-exempt and taxable fimmcings for a wide variety of municipal client~, including Arizona Department of Transportation, New York State Thruway Authority, Rural Utilitle~ Cooperative, and Broward County School Board, · Created a model for refinancing of exisiting debt for over twenty members of a large aatnblished rural electric coopera~ve to provide intere~ rate savings and create additional debt capacity · Participated in various oral presentetion to municipal issuers · Introduced derivitive products such aa CPI bonc~, debt service reserve fond structures, and other fmanicial mechanisa~ to various Florida issuers to manage asset end liability portfolios University of Pennsylvania Dual Degree Program The Whartoa School, Bachelor of Science in Economics, Cum Laude, May 1996 The College of Arts end Sciences, Bachelor of Arts in Economics, Cam Laude, May 1996 Cmnulative GPA: 3.4/4.0 Awards: College Newspaper Business and Advertising Managers (CNBAM) 1995 - First place award: Best Business Training Prograal arnollg college newspapers; Public Policy Career Development Award 1995 - One of three recipients to receive a $1,500 grant f~om the Wharton School to gain summer experience working in the public sector. Pine Crest Preparatory Schonl High School Graduate, 1996 1993 200~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Note: This application will ~emain on file in the City C]ork's Office for a period of 2 yea~ fzom the date it was · MAR ~. 7 2003 CITY CLERK FRED B. FETZER, P.E. 952 Evergreen Drive (561) 715-9030 (561) 276-6712 ORIEC17VE To obtain a challen~ir~ pcsitio~ in the Inkiness omm~nlty ~ my erlensive technic, al, admini~wative, and rnana~erial ~ills will be utilize& QUALIFICATIONS An experlenced peofe~lonol who i~ dependable, self motivatea~ flexible, committed to setting high rtandords of perfornumce, and willing to work kord to ackieve o~gres~ve goal~ Nov., 1989~ July, 2002 BellSouth Telecomnmnlcotions, Inc., Miami, Florida and Plantation, Florida Director- F. ngineering and Construction Directed the operation~ of the Outside Plant Engineering and Construction organizations for Network Operations Divisions in the South Florida .4retr This included reoxmsibilities for design and construction of onnual Construction Programs averaging $40 to $50 million per year year. Constraction Programs cotmsted of designing and constructing telephone network facilities including fiber optic cables, loop electronics ond copper based facilities. I averaged 250 to 300 employees (7 Direct reports) in my organization, including Area Managers, Project Managers, Loop capacity managers, Engineers' Construction Supervisors ond field technicians. Feb., 1987- Nov., 1989 Southern Bell Telephone & Telegraph Corporation, Sunrise, Florida Operations Monager-Flarida Network Support Directed the operations of the Mini-computer Maintenance Centers in Sunrise, Miami, and Jacksonville. Supervised various Network Support Systems and Centers including rtatewide network monitoring and maintenance, ~ln~nbase n~magement and information technology (IT) support. This was a statewide line argonization with approximately 250 employees (9 direct reports). Mor., 1982- Feb., 1987 Southern Bell Telephone & Telegraph Cortnmaffon, Miami, Florida District Engineer Restnmsible for managing the Outside Plant Engineering District ond Loop Asrlgnment Center far the northern portion of Miami-Dade County. Directed E, ngineertng and Loop .4ssignment Center work groups in the planning, design and provtsioning of network facilities (including copper, fiber optics and digital lonp electronics based planO. I was responsible for the engineering and management of on annum C~tion Budget of $20 to $30 million in this position. I had approximately i 00-120 subordinate employees in this orgonization (8 direct reporte) inchuitng engineer~ supervisor& drafting clerks and other clerical support. Sept., 1979- Mwn:b, 1982 Stnabern Bell Telephone & Telegraph Corp., ,4tlonta; Georgia Disfrict Staff Manager This was a rotational assignment on the Company Headquw~ers staff. I was responsible for staff support in managing ond administering Sonthern Bell's Network Construction Program for the four state region. The Capital Budget associated w~th the Network Construction Program averaged over $600 million annually. I had a staff of 10 employees in this position (including 8 Engineering Staff Monagers who were direct reports). Sept., 1979 Sonthern Bell Telephone & Telegraph Corp., Plantation, FL and Boca Raton, FL S~pervlsing Engineer- Plantation Dist~ct/ Area Manager-Baca Raton District Supervised Outside Plant Facility design groups in two Southeast FL Districts. Responsibilities included supervising design of network facilities, current and long range planning. In this position. I was responsible for managing annual construcaon budgets of $10M to $12M and supervising a riaff15 to 20 engineers and clerical support personnel (including 10 to 12 direct reports). July, 1970- Alii, 1973 July, 1967- June, 1970 Sonthern Bell Telephone & Telegraph Corp., Plantation, Florida Engineer- Out. de Plant Design Responsible for design of Outside Plant(OSP) facilities for a geographic area (southwestern Broward County). ~hese responsibilities included design engineering and current planning. I had no mdn~nt~nates ~n this po~timt Martin Marietta Corporation, Orlando, Florida Engineer- Th~mod),nar~ic~ Section Responsible for design engineering on rn~tle defense systems through U. $. Government defense contrac~ Responsibilities included thermodynamic analysis and design of miseile components and technical writing. I had no subordinates in this posit~an. EDUCATION ~ OF TENNESSEE. Knoxville, Tenneseee B.S~ D~gree in Mechanical Engineering PROFF.~IONAL LICENSES AND ORGANIZATIONS Registered Professional Engineer in the states of FIorido and Georgia Member of the National Society of Professional Engineers Member of the Florida Engineering Society State Certified Building Contractor-State of Florida OTHER PROFF2~IONAL EXPERIENCE Presently serving as Secretary/Treamtrer of the Board of Directors of Tropical l'~nancial Credit Union ffFCU). Served as a member of this Board of Directors for over 15 years (including 3 years as Chairman). TFCU is a South Florida based flnancial settees organization with over $560 million in assets. Formerly elected to the Pgiitan Manors, Florida City Commi~an and served far 6 years (including 2 yeatw as President). Appointed by the County CommtsMon to serve a term on the Broward County Planning Council during this period Currently on the Board of Directors of the Tropic Isle Civic Axsociation serving as Treasurer. PERSONAL Able and willing to travel ~iy, lf retlulre,t Computer Literate. Proficient at ~ttillzlng personal comtntter~ including Mlcrosofl O~e/Windows based applications and the Internet. REFERENCES 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t~pe or pdnt the followk infnem,~;~: 2. _.,i~ome_~,d&ms: Sate 3. Z.~IDI Residence: C/ny- Sat£ ~p ~c 5. Home ~I~nc: Bu~ess Phone [ ~ b~ss:, ~ ~ ~ Phone: F~: 10. ~st ~)' re,zed pmfes~o~ c~ons ~d ~c~es ~ you b~d: Il. Give you~,p~se~k or mo~t,~c~plo~, ~ s;o~ -- JUL 2 This spplJcs~ion ~ r~mnm on ~le in the ~.t~,~-,~'tllt. lsiQ:f:FlllCd~r · pedod of 2 vetts fi'om the date it was D~L~.AY BF. AI'H 1993 200~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t]~e or pdnt t_he £ollowix~ infozmatiom 3. ~ ~d~ce: ~ ' S~ ~p C~e 4. ~dp~ Bu~s Ad'ss: ~ State ~p ~e 5. Home Phone: Bu~ess Phone: ~ Ad~s: ~ Phone: F~: 6 ~youare~s~edvo~r? ~r ~ 7. ~t ~d(s) ~ you ~ ~ ~ PI~ ~t ~ oM~ of peef~" ~d * ~ ~ z~, ~ · i~ 8._ ~st ~ Ci~ Bo~ds on w~ch you ~ ~m~ ~ or ~ave p~o~ ~ ~1~ ~dMe ~s) 9. ~do~ ~dons: 10. ~st m~ r~d professio~ ~do~ md ~c~cs ~ you ho~: 11. Gwe yo~ p~seng or most ~t ~ploy~, ~d ~fion: ~2. ~ ~s, ~ or ~ ~ ~ ~u m ~ ~ ~ ~ ~ ~ a ~ef ~e) RECEIVED JUL 3 0 2003 CITY CLERK r'IRY--$7--200~ e4:$5 Pr'l KI~RENROSEHBL.~TT 0S/g?.,0ft WED LI:1, S FAX 801 =4~t ~?74 CZ*Z~ CITY OF DELRAY BRACH BOARD MEMBER APPLICATION Z~o~ "/'bi, f C3e:b.', O~ec for, ,'RECEIVED NAY fl 7 2003 CITY CLERK i · RECEIVED JUL 2 ~ 2003 CITY CLERK MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # - REGULARMEETING OF AUGUST 19, 2003 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD AUGUST 15, 2003 At the City Commission meeting of July 22, 2003, Mr. Leonard Epstien was moved to the position of a regular member, creating a vacancy for an alternate member for an unexpired term ending January 14, 2004. Ms. Lynn Gardner has been appointed to the Planning and Zoning Board, creating a vacancy for a regular member for an unexpired term ending January 14, 2004. Mr. Schmter is currently serving as an altemate member and would like to be considered for a regular member. Records illustrate Mr. Schuster attends all meetings whether he is contacted or not. All members of the Code Enforeernent Board must be residents of the City. Appointments to both regular and alternate member poskious shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the BoaM shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following have submitted applications and would like to be considered: Mark Behar Property Management (Currently serving as altemate for Nuisance Abatement Board, however would like to serve on a more active Board/Committee.) Bernard Federgreen ]Retired Director of Operations (Coca-Cola) Gilda Fernandez PropenyManagement Gerry Franciosa Retired Law Enforcement Pearl Bunny Markfield Elrod ]Realtor Glenn Schuster Fire Chemical Specialist (Currently an alternate) Harvey Starin Realtor Stanley Watsky Insurance/Realtor A check for code violations and/or municipal liens was conducted. None were found with the exception of Mr. Statin. Please see attachments. Voter registration verification was completed and all are registered. Based on the rotation s3~tem, appointments will be made by Commissioner Levinson (Seat # 3) for a regular member and Commissioner McCarthy (Seat # 4) for an alternate member. Recommend appointment of one (1) regular member and one (1) altemate member for an unexpired term ending January 14, 2004. CODE ENFORGEMENT BOARD 08/03 TERM REGULAR MEMBERS OCCUPATION POSITION TELEPHONE EXPIRES FI! I .lNG 01/14/2004 Real Estate Work: Fax: 01/14/2004 Leonard Epstien Business Owner Real Estate Work. ~ .~,~ 05/o6/05 3120 Northwest 15~ St. Home: 272-0330 ~ P~ ~ 07/22/o3 Delray Beach, F1 33445 Fax: 272-0329 01/14/2004 David Hawke Architect Architect Work 740-4440 Une~iredApptO1/07/03121 Heather Lane Home: 278-3414 o4/~s/o3 DelrayBeach, FL 33444 Fax: 921-0444 01/14/2005 Beril Kruger Planner Business Person Worte 265-4983 Lklexplredterm07/24101 9NE 16'm-St. Home: 265-2019 Delray Beach, FL 33444 Cell: 870-4701 01/14/2006 Robert Marks Construction General Contractor Work: t~-~xo~/oT/o3 371 Coral Trace Lane Home: 2608494 04/~5/03 Delray Beach, FL 33445 Fax: 01/14/2006 AnthonyVeltri, Vice Clx,air Layperson Sub Contractor Home: 272-0252 ,~ ~ o~/o2/o~ 2915CNW 12th St. o2/o2/o~ DekayBeach, FL 33445 i~ o~/o7/o~ 01/14/2006 AndrewYoungross, Chair Engineer Engineer Work: 2700274 Appt 05/21/02 Unexpired 636 West Drive Home: 2704403 P~.~x oi/o7/o3 Delray Beach, FL 33445 Fax: 272-7950 Cell: 212-2604 ALTERNATES 01/14/2004 Layperson Work: 01/14/2005 Glenn Schuster Fire Chemical Layperson Work .~ept 051o6/05 ~ 4585 A Northwest ya St. Speclalkt Home: 499-0561 Delray Beach, FL 33445 Fax: Cell: 706-0553 Contact: Norma Smith 243-7213 S/Giy ~rk/Board 03/Code Enforcement Board CE200101 Ci+': of Delrey Beach Florida Case In(_~ry - General Information Case nbr Prop.try .. Property Control Number Case status, desc . . Case type, desc, estbl Origination code, desc Default inspector ID . Tenant name, number Case credit balance 02 00013331 3498 HARBOR CIR 12 43 46 33 16 000 0390 AC ACTIVE GC GENERAL VIOLATION CODE CASE CC CITIZEN COMPLAINT PN PIERR~ NORMIL .00 ¢/Ol/O3 14:08:46 238360 12/30/02 ......................... PROPERTY O~NER Name . . : STARIN HARVEY D & DOROTHEA M Address : 3498 I~d~B OR DELRAY BEACH Print ltrs .. = Y Phone = FL Zip : 334838029 CE202101 City of Delray Beach Florida Case number - : 02 00013331 Property addr~s~,'I~ . . : 3498 H~R~OR Property Control Nu~er : 12 43 46 33 16 000 0390 4/oz/o3 14:08:59 238360 Tenant name, nu~r : SCP~EN PORCH PATIO /.NO PERMIT AND INSPECTIONS... SENT TO CEB I~ PERMIT.,NEED MORE TI~...POSPO~..3/20/0~ V~ola~on PE~IT + INSPE~IONS ~QUI~D - A~I~ PL~E OBT~N BUI~ING PE~IT FOR ~W SC~ POR~ PATIO INST~ED ~u~Y ~ INSPE~IONS ~SO ~QUI~. ~ YOU. 12/30/02 2/03/03 3/20/03 12/30/02 12/30/02 12/30/02 F12-Cance1 DATE: 7/10/03 PLAN REVIEW CORRECTIONS REPORT PAGE 1 City of Delray Reach Florida 100 NW 1ST AVE DELRAY BEACH FL 33444 APPLICATION NBR : 03-00083542 ADDRESS ...... : 3498 ~3%P. BOR CIR APPLICATION DATE : 2/24/03 APPLICATION TYPE . : SCREEN PORCH (ECP~EEN SIDES, HARD ROOF) OWNER ....... : STARIN HARVEY D & DOROTMEA M 3498 HARBOR CIR DELRAY BEACH FL 334838029 CONTRACTOR ..... : OWNER/BUiLDER DEL~AY BEACH FL 33444 AGENCY NAM~: PLAN REVIEW DATE ACTION ACTION BY 3/01/03 RETURR TO AGENCY NEXT GEORGE DIAZ/243-7207 5/05/03 DISAPPROVED FRED GREENBERG/243-7165 * COMPLY WITH COMMENTS FROM OTHER DEPARTMENTS AS SHOWN. * IF SCREEN ROOM IS ALLOWED TO REMAIN, THE FOLLOWING ITEMS MUST BE ADDRESSED: 1- WALLS A&B ON PROPERTY LINES WILL BE REQUIRED TO BE ONE HOUR FIRE RATED - NO OPENINGS. 2- NEED ENGINEERS REPORT ON ENTIRE STRUCTUP. E INCLUDING WIND LOAD CERTIFICATION. 3- HOW IS SCREEN ROOM ANCHORED? AND TO WHAT? AGENCY NAMe: ENGINEERING DATE ACTION ACTION BY 3/12/03 DISAPPROVED DIANE PERSINGER/243-7327 1. REQUIRES APPROVAL BY P&Z PRIOR TO ENGINEERING REVIEW AGENCY NAME: PLANNING AND ZONING DATE ACTION ACTION BY 3/11/03 DISAPPROVED APRIL BOSWELL/243-7045 INDICATE DIMENSIONS AND LOCATION OF SCREEN ROOM AND PROVIDE DETAIL OF AWNING ROOF. PROVIDE DIMENSIONS OF PROPOSED PAVER AREA. APPLICATION MAYREQUIRE A CLASS I SITE PLAN MODIFICATION APPLICATION BUT THE ADDITIONAL INFO. IS NEEDED BEFORE THAT DECISION CAN BE MADE. 4/10/03 DISAPPROVF~D APRIL BOSWELL/243-7045 AWNING ENCROACHES INTO REQUIRED REAR SETBACK OF 25 FEET. ENGINEERING AND PLAN REVIEW MAY EAVE ISSUES WITH DRAINAGE AND FIRE WALL SEPARATION. 4/25/03 DISAPPROVED ROBERT TEFFT/243-7045 1993 .?,001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t~/pe or print the fo'o~in~ information: 5. Home Phone: Bu~ess Phone: I ~-~ Address: ~ C~ Phone: F~: 7. ~at Board(s) ~e you ~tere~ea ~ sen~? Please hst ~ order of p~ference: sre cu~enfly ~ or hsve pr~ously ~d:' ~leas~ ~dude dates) dp hy ~0. ~s~ ~)' r=h~ m/=s~o~ ce~ca~ons ~d ~censes w~c ou hold: 1. Give your presen~qmost recent e~,er, ~ posidon:~,~ ~ ~-- ~ . ~ . . Des~be ~cfic~es, s~s oi~led~ w~ch ~ you to hereby cema. ~at ~ ~e a~ve statements ~e ~e, ~d I ~c ~ ~dm~d ~t ~y mi~s~ent of~tc~ fac~ pm of~y ~t I may ecsc Note: Tiffs application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted, h will be the ,vvlicmat'$ responsibghy to ensure that a cu~~il~filecu~au~u~uc^r~ HAR 2 6 20O3 0 National Republican Congressional Committee BUSINESS ADVISORY COUNCIL From the Office of the Chairman CONGRESSMAN TOM REYNOLDS FOR IMMEDIATE RELEASE: This official "Press Release" is to announce that Mark J. Behar, a Local Resident and Businessman from Delray Beach, FLorida will be meeting and speaking with several Members Of Congress up on Capital Hill this week to talk about the tax related issues, concerns, and problems facing local level "Small Business Owners" from Florida. Mark will be meeting and speaking with Local Congressman Mark Foley (R-16.th) as well on *March 19.th, regarding his views and opinions on how He and Congress can help our Local Small Business Owners grow, when he's up on The Hill. The National Republican Congressional Committee's - Business Advisory Council has also scheduled a special awards presentation and ceremony on *March 18 in Washington~ DC to present Mr. Behar with the "2003 Businessman Of The Year Award"~ ns a Delegate from Florida. Several Members of Congress like House Majority Leader, Tom DeLay, and NRCC Chairman, Tom Reynolds as well as other VIP notables will be in attendance to personally present him with his award at an Award Luncheon. It will be a znajor 6vent in Washington. Mr. Behar has also been invited and will be attending the "Congressional Tax Summit" regarding the President's Economic Stimulus Plan. Commenting on Mr. Behar's Award, Congressman Reynolds (R-NY) said, "On behalf of all of my colleagues in the U.S. Congress up on Capital Hill and the National Republican Congressional Committee, I want to extend my personal THANK YOU to Mr. Behar, for all of his accomplishments and his efforts over the past year as a role model for and as a Mentor to our new generation of Independent Small Business Owners, and to say that this selection now places him among the elite Young American Businessman who are the future of our nations economic growth". OFFICIAL PBC RELEASE: MR. MARK J. BEHAR APPOINTED TO PRESIDENTIAL BUSINESS COMMISSION Washington, D.C. - Congressman Tom DeLay of Texas announced today that Mr. Mark J. Behar of Delray Beach has been selected to serve the State of Florida on the new Presidential Business Commission. The PRESIDENTIAL BUSINESS COMMISSION (PBC) is an elite group of leading business and professional people and political strategists who will be advising the Republican leadership on how to protect the President's Majority in the House in the upcoming elections. Mr. Behar was selected based on outstanding contributions as an Honorary Chairman of the Pan3"s Business Advisory Council. a position Mr. Behar still holds. On the Presidential Business Commission. Mr. Behar is expected to play a key role in helping the Part~.' craft their strategy in the important closing weeks of the campaign. Commenting on Mr. Behar's selection, Congressman DeLay said, "The 2002 election will be critical in determining the course of our nation, particularly in terms of tax relief and national defense. I am thrilled to have Mr. Behar's expertise and input as a resource in the final weeks." Mr. Behar will also be invited to at~end high level meetings in Washington, and is expected to receive a special thank you picture of the President. FOR T'HMI:IMAT$1 Press Release MR MARK J. BEHAR APPOINTED TO CONGRESSIONAl. BUSINESS COMMISSION Washington D.C. - Congress~n Jim R.vu~ of Kansas announced today that Mr Mark J. Behax of Delray Beach, Florida has been selected to serve ou the new Congressional Basiness Come,fission The CONGRESSIONAL BUSI.NES$ COMMISSION (CBC) is an elite group of leading business people and political strategists who will be advising the Republican Leadership on how m _.rn~eeT the gepnhliesn Ma.lnrivy in the House in the Fall Elections Mr Behar was selected based on outstanding contributions as an Honorary Chairman of the Party's Business Advisory Council. On the CBC, Mr Behar is expected ~o play a key role in helping the Party croft their campaign sxrate~' 1bt the 2002 elections. The CBC is committed to supporting and recruiting fiscally conserva:ive candidates who are comxnirted to mx reduction and relief. Commenting on Mr Behar's selection, Congressman Ryan said,. "The 2002 election w~ll be cri~cal in determining the course of our nation. I am thrilled to have Mr Behar's expertise and input as a resource as we head towaxd November." Mr Behar sill also be listed on the Congressional Business Honor Roll, which will be displayed in the Republican Headquarters Building in Washington. Boca Raton New: 47~ Year / Issue 294 DELRAY BEACH ED~ON 1 ~on / 40 P~ / 2 McBride campaign consultant out of a job performance a. a IBm~dJ ~ s~cn ~umm.... (She) ~n. ~ 3. ~r. a ~d ~blJ~ ~l~l ~u~ Palm ~ ~ ~ Boynton Beach City Commission Project Updates J~D,~SU~TOI~ERSIMBEN~RPOST o 1NU~..bry~BERI2.2002 Boynton B ach Bus n ssm Star s 1V[ ntorin Program rea~l p~oper~s ~eld, and learn to nmm~,e dm']y duties ~ and running theb' ow~ businm. "E~mn ff they don't want or like the Prape~y G: fininhed fi~e to coven day~ a week. They do all the computer work, phone ca~s, f~dng, banking, l'lome Depot, O,E~ce Depot, the post o~ce, etc., as as ~ legal aspects, including filing nn nece~a~ Beach County Cou~ouses m Delray Beach and We~ Palm Beach, and of coupe an~ else that might hap.,~, n, arise, and/or breakdown tin'oughou! the day. It's the ~ world, realty, band,-on, one-ore.ne Voluntee~ Needed Commerce b recn~ votunteers fi'om the commmfity to ~st ir day-to-day operations. the Chamber's V~sitse Information Center, 'l~e V~s~tor's open from 9 a.m. to 3! Monday through Fri& and caters to v~sitors, ~e~deots and buslnes~ Ioo~ for ~form~ t~e Boy.ton Beach commun~ and ~rac~dons, Voluntee~ have I~ choice of working ~ mornings, af~eraooos, d~ o~ mo~. ~ ~sponsibilifies are in nature ~ith heavy c~stomer inter~t~ion c the telephones and in person. A ~ kno~d, of ~e Boynton Be~ch community is belp~l ~ · pleasant, and a couCteous phone mare is a must. For I1qo~e ill~lro~l ca~ Enld or Connin at Chamber at {561) Prlmtdmnt ~ua b's ,~e commftme because ~ ~md been ~.~_ ,~nulating rental partne~ in Beach Street Io~e~m~nte,,. ~trealthen the Smal~'Busi- luunper yourtI Intrepre* mAdn~i~'sOfflce meurs, bemy~.gdmrhespm- o~Advoca~ to make sure National Republican Congression~ Oommitt~ Tm~ ~ M.C I~OR IMMEDIATE RELEASE MARK 1. BEHAR NAMED TO THE 2003 R~PUBLICAN CHAIRMAN'S HONOR ROI D.C.-- N~ioh,1R~bli~n~_~ogr~m~tl ~ CI~ Tm~ Reynolds nnnounced today tlutt local businessmnn Mn~ ~I. Behsr of Del Beth has been nnmed to the 2003 Republican Chairman's Hone~ Roll. Mr. Behar serves ns a oo-chainnan of the c~,-il~e's Business Advisory Cotmdl and is being r~co?~?-a for service and support in keeping ~ White House and Congress in Republican control. As a member of the Honor Roll Mr. Behar's name will be on display a~ the Republican Headquarters building in Washington D.C. As a member oflhe Hm~or Roll, Mr. Behar also qualifies to receiv~ ~ Commll~.ee's HIGHEST HONOR, the prestigious Repubhcan Gold Medal to be presented at a special aw~ds ee~mony h the nation's ~pi~l. Honorees will be announced ~ this year. · ot I~rlntud ~t ~znmnnt Au Exclusive Chairman's Nomination For:. Mark J. Behar We'd Bi~ to add ym~ ntm~ to ~b Who's Who ofAma4mn Bninen aa a ~M~ m~As~7~ Dw~h~ D. ~mbowm' u ...~mblJcan Headquarm's b,n~',-S hem ~ W~ M,~rA 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Phase, ' Code .: 3. J~. R~idmcc: ' / Sm'- Zip_ Code 4. Pf~cipa] Bus. ess Ad.ess: City / State Zip Code 5. Home Phone:Business Phone: ~-Mai] Adc~css:C.,tll Pho~.:Fax: ~/~qg5-~ --- -- -" - , 6. '7. lO. ~st ~). ~ied p~f~s~o~ ~fi~s ~ ~c~es ~ ~u hold: ~p~: ~ refrain on ~tc in the C. iv/~'s O~ce for · ix:tiM of'2 yurt horn d~e date it was sulm~tcd. It w~ be thc tl~licant's lUl:~mu'b~ity m ensure that · cun~at sj~:)lication is on sic. 08/07/2083 17:40 5G124368B8 _ PAi3E 82 1993 -- 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Pie,se Tpe ot print the ¢ollo~ing inform~dor~ 2. Home Address: - 3. ~ Rcsidcnce: OV ' S~c ~p Code 4. P~ndp~ Business ~dzcss: 5. Home Phone: Bu~css Phone: E-~ Ad.ess: Ce~ Pho~_~ F~: 6. Ar~ you z ~s~e~ vote:? _ ~. ~st ¢ Ci~ Boa~s on w~ch ~u s~ cutely s~i~ or have pr~ou~y se~: Close ~de d~tes) 10, ~st ~y r~tcd prof~sio~ c~fic~6~s end hcenses ~ch you hold:~ I 1. Give yo~ pres~ or most recent employe~,~d ~sidon: 12. D~ ~g~c~, ~s or ~le~ ] hcre~ ~ ~e a~ve stat~enu ~e ~e, Ind I ~ ~d ~m~d ~e ~y misspent ofmagfi~ facts Note: This appli~doo will remain on file in the City Clerk's Office for s period of 2 years fzom the date it was submitted. Ir will be the applic~.~t's responsibility to ensure that a cutren~[l~C~ AU6 - 8 2003 -.. CITY CLERK 08/07/2085 17~0 5B12~B808 ~ P~ 83 12. Attached brief resume: My experience as a Property Manager for over seven years has provided me with the knowledge of the law and codes for real estate in particular with multifamily housing. For the past four years I have been working for a community in Delray Beach in which I have dealt with the Code Enforcement Department and am aware of what is expected from residents, business owners. etc. in the City of Delrey Beach. F'ROH : ~'R'-~-~II FF¢~: IlO. : ~1~746 .7un. 10~-"~3 Og:..I-IPH P1 o~,,lO'4]'~ '1-~£ l!:Og F.,L,~ KSJ. ~43 37?4 C]'T~/ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION RECEIVED JUN {.1 21)03 CITY CLERK CITY OF DELRAY BEACH - 1993 2001 submitted. It will be ~he curt'mt application is on ~t. CITY OF DELRAY BEACH ,, ,,,,.,.,.,,,.,,-,o,,, Pl~se type or print the £OIIo1~ infown~gon: 1. l. sst Name: M.I. 2. Home Address: · 4. P~p~ Bu~ess Ad.ess: 5. Home Phone: Bu~ess Phone: ~ Ad.ess: ~ Phone: F~: 6. ~e y~u ~ re~ste~d vote? If so, whe~ ~ you ~st~d? 7. ~.t Bo~d(s) ~ you ~t~t~ ~ s~ P~e ~.t ~ ~ of~ce: 8. ~st ~,Gq' Bo~ds on ~ch)~u m ~mfl), sen~ ~ ~ p~ous¥ s~ed: &lesse ~dude dlte0 9. ~ucafio~ q~ficafions: 1~ ~st ~y .elated pmfesg~.~ ce~fic?ons ~d hcases w~ch you Rold: 11. Give yo~ presen~ or most recen{~ploy~, 12. D~ ~efiences, ~ or ~le~ I ,~,~b~ c~,~,~. ~t ~ ~ ~ s~ ~pfi~on ~y ~u~ f~ ~n my ~ of my ~mmt I ~y ~e. ' s ls lo 51GNA~ DA~ Note: This application will remain off file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be thc applicant's responsibility to ensure that a IlAR I":ITY ~I.EI:IK i~M~m/m name Is Glenn_M S,c~.uster, I am applying for · position for the city board membership. ov,ed to Delray ~a. cn in 1973, so,far it has been the most difficult decisions I have had maK. e., At. the. tim. e ~ wa.s w.orKing as a New York City Fire Inspector onthe lower east and .w..est s?aes ~n ~ city eno as Tar north as 37lh st. I have a extensive background in the To~!ov~ng areas. Ar .so...n investigation effective company command,high rise/Fire and life _smety, Fla.mmable Hazardous Materials, Building Construction for the Fire Service,Fire ~u. ppresslon a.r~. detection systems,Principles of Fire Protection Chemistry; I happened to ham.that one. ~ nave ne, ver written my text book education on any job application in Flonda. _ _1 .r~..v.e. t~..e, nty years ~n ~ fire protection sector all documentable. The system in the E:~.~.Y is_ o~r.erent I wes? New York City E.M.T, I was ~'alned in all aspects of Fire P-~gn.~. ng. IJue ~o i.nj.'u '_ri~s paying hockey for the Fire house and the wear a. tear of fire heavy smo~ .etc..._T~,' F~.r.e.., .oel~. rtment promoted to represent the department ~n criminal and civil court rdgation s I d~d th~s for five years and all my elevations were either outstanding,very good or good. · I am looking for..s..o, mething to do wtth the second half of my life and applied for over 70 JOOS, .s~,.me were c.~vi~ service som,e were private sector My health problems did not effect me bm mey effemive my potentia~ employers am in good shape have worked out for tw.e..r~ty yea..rs ~ have starled .again. I am a. true professional, I am used to speaking in public ano reel if given an opptumity you wdl be happy with my broad experiences. This is- the only time I ha. ve written a note to attach to my application but I need something to do with m.y time .a..no waiting for the dreaded day one of my parents doesn't wake up. This is a real letter eno I nave all the documents to support the 1st and 2nd paragraphs. Glenn M Schuster ~1561 499 0561 ~ ~'20/00 ~) 18:46 Glenn M Schuster 4585 A N.W. 3rd Street Delray Beach, Florida 334~5 (561499-0561) ~ lmowledse of NFPA, New Y~dt City and I~il.~;-,.- ....a_- .... ~r~, .~,ow~e~. e o: m~ suppt~n and dete0+,on totems if all-~.~.--- ' ....-,,.s. ~LO~TORY New Yott C~F~ Depr, ne~ New ]'akA~ew Y~-- lbnk h~r m ~e ~ e~ fi~ ~d ...1_:__ ~_, ~uz m~ ~ ~,.~m ~h~ ~d ~7~ ore, lqY 11710 ~ I~Av~ ~j~Fb ~ 1~1~ New y~ ~ Fh ~ New ¥~tc City Pi~ Dq~mnenk N~v Yt~c, New Y~ ~ ~ ~el~ ~ ~p~d ~ ~ ~ ~ ~.:,~ ........ ~w ~n~k S~d ~ ~d ~r ..... ~', ~ ~t ~ m vm~fi~ of~ ~ y~ ~ ~ · · · ' , . . ~em~;~a~ .~ · ~ ~1 ,.uvmm~m ~ ~Y~. ~'""-u Coumy F~e Servioe ~d~my 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION l=le~e type ct print the ~ollo~i~g in~ommfiom 3. ~ Rmdmcc 4. P~p~ B~ess Ad.ss: ~ ~ Sm~ ~p ~e 6. ~e~u~vo~? ~5 H~,mh~e~u~ste~d? 7. ~t Bo~(s) ~ 7ou ~ ~ ~ P~u ~ ~ o~: 8. ~ ~ a~ Bo~s m wN~ you ~e ~i~,,~ ~ ~ ~ve ~ ~: ~se ~e ~) m 10. ~st ~y r~ted p~fesfio~ ~dons 11, GNe yo~ ~m~ or mo~ mint m~lo~, md portion: 12. ~ ~, ~.~ ~~ ~ f~d~ ~ ~ ~ of my ~mtI ~y ~ve. Note: This application ~ remain on ~e in the City actk's Office for a period of 2 yeats f~om the date it~as submitted. It ~ be the applic~nes responsibility to ex,sure ttmt RECEfV£D lIAR .~ 1 2003 CITY CLERK Attachment to Section 12 City of Delmy Beach Board Member Application I believe I am qualified to serve my city on one of its boards because of my professional experience, my commitment to seeing our city grow and prosper in an orderly fashion, and my belief that the needs of all our citizens should be served in a fair and compassionate manner. First, I em a licensed and ac~ve Realtor" in the City of Delmy Beach. I am committed to suppo~ng a balance between our r,c.."-J for growth and development and our desire to maintain our rich cultural heritage. I believe that opportunities for growth and development should reflect and support both our city's history as wall as our need to supply all our residents with a wide range of housing, educational, employment and entertainment opportunities. My previous experience as a senior executive in the high technology industry enables me to understand ~e impacts of budgets on growth and gives ma the ability to make the sometimes hard decisions required to balance "needs" with 'wants.' As a manager familiar with strategic and long term planning I understand the need for implementing orderly and controlled processes for viewing a wide range of requirements and the benefits of consistency in any review process. Second, I feel a strong commitment to seeing our city grow and prosper. I was among the first graduates of the Delray Beach Resident's Academy (November, 2001) and found the experience both educational and inspiring. I learned a lot at that time I promised myself that I would be back to take a larger part in making our city one I was proud of. As a resident I take pride in "my city' end do all I can to show that pride by attending events and taking an active part in city business. I have attended numerous Commission rr'=-ctings end learned a lot about the process of how our city government operates. Now I feel it is time to give something back and participate in a way that will have an impact. Instead of just talking about what happens, I want to volunteer to help make things happen. Finally, I believe the needs of all our citizens should be served in a fair and compassionate manner. The many boards in our city am charged with implementing the rules and procedures by which wa live. Rules make our society orderly and allow opportunities for all to live peacefully and in harmony. Yet I believe those rules should be enforced with an eye toward the end result they were intended to achieve. As such they must be dealt with in a fair, responsible and compassionate manner that allows all city residents to enjoy the city's benefits and its opportunities. ~4g~ HARBOR CIRCLE, DELRAY BEACH, FLoRJDA 33483 HARVEY D. STARIN TEL 6~t-272-1555 - FAX NI-243-6087 - EMAIL: hstarin ,aol.com Strong Sales Skills, Focused On Results & Customer Satisfaction · Strong custom~ relationship management skills and extensive customer service =xp~ience Skill~ at customer development and sales. · Higkly organized time manager, adept at balancing multiple competing objectives · ~ive customer facing direct sales and sales management experience Excellent writing and presentation skills. · Skilled Undeshow menager, flora concept and theme development to show/booth management. · Licensed US Coast Guard Captain EDUCATION BS, Advertising md Marketing University of Herida MBA, UnJv~s~ of Florida Kellogg School. N~rthw~ University, F. xecuth~ Lasdership Senior Mzwla~. Executive Experienced in MarketinL hies, Strategic Phnning, and OpeF~fions 2001 to 2002: Saratoga Telen0m~ be.: Naflomfl Retail Sales Mmmger. Hired, developed and managed outside sales force selling telecommunications services to and prepaid phone card products to the maritime industry nationwide. Pe~'v~ued direct custome~ contact. Developed retail sales strategies to increase volume and market penetration in this highly competitive industry. Developed and prepared reports for sales, distn'hotion, sales force productivity and demand forecasts. 1999 to 2000: e-exhiblt.eom~ Boca Raton~ FL Co-Founder and President of Internet Business-To-Business e-comme~ce starmp venture with responsibility for all activities associated w~ creating and hoilding the f~t Internet "Virtual Trade Show." 1997 to 1999: Lucent Technok)~Jes New Ventures Group~ Murray Hill NJ General Manager- Persystunt Technologies: Crmted and hunched a new Lucen~ Iht=net startup venture for the delivery of interactive training oyes the lnternet. Respons~le for negotiating and closing ali initial test customer and ;'u~t semite client c~,.~..cts with Fortune 100 fu'ms. Crosted the vision for the company, directed sof~vare development and all customer r~iated activities in the mulfibillion-dollar adult learning, corporate training market space. 1993 to 1997: Lucent Technologies & AT&T. General Manager- Lem-ning Works: Created and brought to market the Lucent Technologies "Learning Works" integrated solution business to address the multibiliion dolla~ opportunity in applying high techoology to the training and education markeC $ ~ucc~_sfully initiated product testing and first serv~e sales with senior Uaining and corporate ~ecutives of partner Director of Market~g ami Strategic FinnMng: C~mtted and ;~-~e~d the tnams that deliv=ed high impact oust.om= sale support q~plications to ~ pmmatlon of~ =o~uni~iuns products and network · ~'v~,es ~mong large business custom~rs. 1988 to 1992: AT&T General Business Systems. ParsiDpun¥~ NJ Product Marketing Director: Respons~le for all product marketing activities, marketing colhteral development, sales support materials, trade show management and execution and media rehtions. Other Experience: AT&T Information Systems: Branch Sales Manager - Ft. Landerdale, FL and Atlanta, GA. 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2. Home Address: S~te Z~p C~dc 4. ~p~ B~ ~: ~ Su~ ~p ~c ~. Home Phone: B~s Phone ~ ~ss: ~ Ph~: ........ q~,~,,. 0 ,~t ~} ,~,~d ~,~,~ ~n~ ~d h~es w~you hold: 11. G~e your ~,,k ~ most ~ ~plo~, ~d ~gom -", on: y Clerk's O~fice s from the date h was submitted. It ~ be the applicant's respon~b~ty u:) ~mtue, t cuz~nt · ~]e. JUN 3 0 2003 CITY CLERK MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER %\~ AGENDA ITEM # \x.a~ ~ - REGULAR MEETING OF AUGUST 19. 2003 ORDINANCE NO. 22-05 (ADDING VOCATIONAL FACILITIES AS A PERMITTED USE IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT) AUGUST 15, 2003 This is second reading and second public hearing for Ordinance No. 22-03 which amends the Land Development Regulations (LDR), Section 4.4.11 (B)(2), "Principal Uses and Structures Pexmitted" to add vocational schools limited to Arts and Crafts, Business, Beauty, Dancing, Driving, Gymnastics, Photography, Modeling, and Karate-Judo as a permitted use. The amendment will allow a tenant to operate a martial arts school at 2715 South Federal Highway, which is currently zoned as Neighborhood Commercial (NC). The Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony regarding the request. After discussing this amendment, the Board voted 5-0 to recommend the request be approved, based upon a positive finding with LDR Section 2.4.5(150(5). At first reading and first public hearing on August 5, 2003, the City Commission passed Ordinance No. 22-03. Recommend approval of Ordinance No. 22-03 on second and final reading. S:\City Clerk\chevelle fokle~\ag~nda merno~\Or&22.03.8.19.03 TO: THRU: FROM: SUBJECT: DAVID T//~ARD.EN, ~LM~AGER PAU L~oRC'c'~lNOC~, DIRECTOR '~' PLAN NING AN D ZONING MEETING OF AUGUST 5, 2003 CONSIDERATION OF AN AMENDMENT TO LDR SECTION 4.4.11(B)(2) TO ADD VOCATIONAL SCHOOLS LIMITED TO ARTS AND CRAFTS, BUSINESS, BEAUTY, DANCING, DRIVING, GYMNASTICS, PHOTOGRAPHY, MODELING, AND KARATE- JUDO, AS A PERMITTED USE IN THE NC (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. The City has received a privately initiated LDR text amendment from Henry Columbi, owner of property located at 2715 South Federal Highway, to allow vocational schools as a permitted use within the NC (Neighborhood Commercial) zoning district. The applicant wishes to allow a tenant to operate a martial arts school at 2715 South Federal Highway. This property contains four commercial buildings and the tenant wishes to occupy one 1,200 sq. ft. commemial structure. In addition to listing the use, some minor changes are proposed to the "Principal Uses and Structures Permitted" and "Conditional Uses and Structures Allowed" sections for clarification purposes. Additional background and an analysis of the request are found in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing regarding this item at its meeting of July 21, 2003. There was no public testimony regarding the request. After a lengthy discussion regarding the appropriateness of dancing and karate-judo schools in this district and the definition of vocational schools, the Board voted 5-0 0Noehlkens and Morris absent) to recommend to the City Commission that LDR Section 4.4.11(B)(2) (Principal Uses and Structures Allowed) be amended to allow "Vocational Schools, limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo "as a permitted use and that minor changes be made to "Principal Uses and Structures Permittecf' and "Conditional Uses and Structures AIIowec~', based upon a positive finding with LDR Section 2.4.5(M)(5). By motion, approve on first reading the attached amendments to LDR Sections 4.4.11(B)(2), (Principal Uses and Structures Allowed) be amended to allow "vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo" as a permitted use and minor changes to the "Principal Uses and Structures Permitted" and "Conditional Uses and Structures Allowed" sections, based upon the findings and recommendations of the Planning and Zoning Board, setting a public hearing date of August 19, 2003. Attachments: P&Z Staff Report and Documentation of July 21, 2003 Ordinance by Others ORDINANCE NO. 22-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.11, "NEIGHBORIqOOD COMMERCIAL (NC) DISTRICT", BY AMENDING SUBSECTION 03), "PRINCIPAL USES AND STRUCTURES PERMITltiD", TO CLARIFY THE USES SUBJECT TO THE SPECIAL REGULATIONS SECTION AND TO ADD VOCATIONAL SCHOOLS LIMITED TO ARTS AND CRAFTS, BUSINESS, BEAUTY, DANCING, DRIVING, GYMNASTICS, PHOTOGRAPHY, MODELING AND KARATE-JUDO AS A PERMITTED USE WITHIN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT; BY AMENDING SUBSECTION "CONDITIONAL USES AND STRUCTURES AH.OWED", TO CLARIFY THAT IT IS SUBJECT TO THE SPECIAL REGULATIONS SECTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEAI.RR CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Phnning and Zoning Board reviewed the proposed text amendment at a public hearing held on July 21, 2003, and voted 4 to 1 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Phnning 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 D~Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection 03), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to read as follows: Section 4.4.11 Neighborhood Commercial (NC) DistticU 03) Principal Uses and Structures Permitted: The following types of uses are allowed within the NC District subject to the limitations per Subsection (H) as a permitted use: (2) Provision of services such as: barber and beauty shops; city cleaning limited m on-site processing for customer pickup only; chT cleaning and laundry pickup stations; vocational schools limited to arts and crafts, business, beauty, dancing, driving. ~.mmmastics, photo~aphy, modeling, and karate-!udo: financing e.g. banks and S'lmilur institutions excluding drive-through facilities; laundromats limited to self-service facilities; dining at sit down restaurants including takeout and ice cream parlors but excluding chive-in, drive-through facilities; newsstands. (3) Business and Professional Offices, Section 2. That Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection (D), "Conditional Uses and Structures Allowed", 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: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the NC District sub!ect to the limitations per Subsection (H). (1) Child care and adult day care. accessoI'ies, (2) Display and sale of lawn furniture, playground equipment, sheds and (3) VetefinaxT clinics. (4) Equipment rental and display. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORD. NO. 22-03 PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,2003. ATI'EST MAYOR citr C~e~k First Reading Second Reading 3 ORD. NO. 22-03 MEETING DATE: AGENDA ITEM: JULY 21, 2003 IV.F. - AMENDMENT TO LDR SECTION 4.4.11(B)(2) TO ADD VOCATIONAL SCHOOLS LIMITED TO ARTS AND CRAFTS, BUSINESS, BEAUTY, DANCING, DRIVING, GYMNASTICS, PHOTOGRAPHY, MODELING, AND KARATE-JUDO, AS A PERMITTED USE IN THE NC (NEIGHBORHOOD COMMERCIAL) 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)(2) Neighborhood Commercial (NC) zoning district, Principal Uses and Structures Permitted, to add "vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo" as a permitted 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. The City has received a privately initiated LDR text amendment from Henry Columbi, owner of property located at 2715 South Federal Highway, to allow vocational schools as a permitted use within the NC (Neighborhood Commercial) zoning district. The applicant wishes to allow a tenant to operate a martial arts school at 2715 South Federal Highway. This property contains four commercial buildings and the tenant wishes to occupy one 1,200 sq. ft. commercial structure. The request is to allow vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo as a permitted use in the NC zoning district. LDR Section 2.4.5(M)¢5) (Findin_clS): 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. 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. Planning and Zoning Board Staff Report LDR Amendment to Add Vocational Schools as a Permitted Use in the NC Zoning Distdct Page :2 Section 4.4.11(B)(2) of the NC zoning district currently allows the following as principal/permitted uses: "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 se/f-service facilities; dining at sit down restaurants including takeout and ice cream parlors but excluding drive-in, drive-through facilities; newsstands". The proposal is to accommodate vocational schools, which will meet the needs of nearby neighborhoods. The NC zoning district supplemental district regulations specifically limit the maximum square footage to 2,000 sq. ft. for a single service use tenant. The intent of this restriction is to maintain the center at the neighborhood scale. A comparison of regulations of Other municipalities was conducted as follows: City of Boca Raton: Business Schools are allowed in the NCBD (Neighborhood Commercial Business District) zoning district as a conditional use. City of Boynton Beach: Art or recreational instruction uses are allowed in the C-2 (Neighborhood Commercial) zoning district as a permitted use with a maximum square footage of 5,000 sq. ft. Vocational Schools limited to arts and crafts, business, beauty, dancing, ddving, gymnastics, photography, modeling, and karate-judo are currently permitted in the GC, PC, CBD and CBD-RC zoning districts. Also, vocational schools are permitted in the OSSHAD and PCC, while in the POD and CF districts they are allowed as a conditional use. As previously stated, the NC zoning district supplemental district regulations specifically limit the maximum square footage to 2,000 sq. ft. for a single service use tenant. This is the only zoning distdct with a limitation on the maximum square footage allowed for retail, service and office type uses. This requirement is to limit the intensity of uses allowed in this district given the districts close proximity to neighborhoods. Thus, the text amendment involves a limitation on the types and size of vocational schools, which would have similar impacts on other uses currently allowed in the NC zoning district. The purpose and intent of the NC zoning district would not be diminished by the proposed amendment as vocational schools, which is a service type use, would be convenient to and not disruptive to residential areas. It is anticipated that the residents of nearby neighborhoods would patronized these businesses. In addition to listing the use, some minor changes are proposed to the "Principal Uses and Structures Permitted" and "Conditional Uses and Structures Allowed" sections for clarification purposes. Planning and Zoning Board Staff Report LDR Amendment to Add Vocational Schools as a Permitted Use in the NC Zoning District Page 3 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. The proposal is not in a geographical area requiring review by the DDA (Downtown Development Authority) or HPB (Historic Preservation Board). Community Redevelopment Agency: At its meeting of July 16, 2003, the CRA (Community Redevelopment Agency) unanimously recommended approval of the LDR text amendment. Courtesy Notices: A special courtesy notice was provided to the President's Council, Progressive Residents of Delray and Tropic Isles Homeowners Association. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. By motion, recommend to the City Commission that LDR Section 4.4.11 (B)(2) (Principal Uses and Structures Allowed) be amended to allow "vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo" as a permitted use, based upon a positive finding with LDR Section 2.4.5(M)(5), that the text amendment is not inconsistent with the Goals, Objectives and Policies of the Comprehensive Plan. Attachment: · Proposed Amendment · NC Zoned Districts Map Report Prepared by: Michelle Hoyland, Senior Planner Section 4.4.11 Neighborhood Commercial (NC) District: (A) Purpose and Intent: The Neighborhood Commemial (NC) District provides the opportunity to locate limited' retail and service uses in a manner convenient to and yet not disruptive to residential areas. The NC District may be located in areas designated as Transitional on the Future Land Use Map when a nonresidential use is appropriate for the location. (B)' Principal Uses and Structures Permitted: The following types of use are allowed within the NC District as a permitted use, subject to the limitations per Subsection (H): (1) Retail sales such as: convenience foods; household supplies; garden and lawn supplies; drugs and medicine; small appliance sales and repairs; baked goods; delicatessen goods. (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 padors but excluding drive-in, drive-through facilities; newsstands and, vocational schools limited to arts and crafts, business, beauty, dancinq, drivin.q, .qymnastics, photo.qraphy, modelin.q, and karate-iudo. (3) Business and Professional Offices .... , ..................... ~.... (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking areas for employees and customers. (2) Refuse and service areas. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the NC District, subject to the limitations per Subsection (H): (1) Child care and adult day care. (2) and accessories. Display and sale of lawn furniture, playground equipment, sheds (3) Veterinary clinics. (4) Equipment rental and display. CITY OF DELRAY BEACH, FLORIDA NC (NEIGHBORHOOD COMMERCIAL) ZONED DISTRICTS LINTON LEGEND: 1, PINE RIDGE ROAD & SEACREST BOULEVARD 2. HAMLET PLAZA 3. SOUTH OF HIGHLAND TRAILER PARK 4, DISCOUNT AUTO PARTS 5. FOUNTAINS A T DELRA Y BEACH 6. $.E. CORNER OF AVENUE 'G' & FEDERAL HIGHWAY ONE MILE TO: THROUGH: FROM~_/ SUBJECT: MEETING OF AUGUST 19, 2003 REQUEST FOR AN ORDINANCE TO ESTABLISH AN INDIVIDUAL HISTORIC DESIGNATION FOR THE PROPERTY AT 102 NE '12th STREET CONSlSlTING OF LOT 9, BLOCK 6~ DELL PARK~ LOCATED BETVVEEN NORTH SWINTON AVENUE AND NE 2ND AVENUE ON THE SOUTH SIDE OF NE 12TM STREET. This request was initially discussed during the City Commission Meeting of August 5, 2003, at which time it was determined that the designation for the Amelung House should be limited to Lot 9, Block 6, Dell Park subdivision as this is the only lot on which the relocated house will occupy. The adjacent property (to the east) and associated dwelling and structures are not eligible for an individual historic designation. The vacant lot (Lot 9) has tentatively been assigned the address of 102 NE 12th Street and will be referred to as such in all future references to the relocated house. Upon relocation and designation of the property, the applicant will request approval of an alternate orientation of the house (lengthwise to face eastJwest), create a new front entrance on the north side of the house, and request a waiver through the Historic Preservation Board to reduce the required lot area. Further, the applicant will request a variance from the Board of Adjustment to reduce the side (west) setback of the structure on Lot 8 which will become non-conforming with removal of Lot 9 from the overall property description associated with the existing structures. The Board was advised of the proposed plan for the future relocation, orientation and new entrance, and the pending waiver request during their meetings of June 18 and July 16, 2003. Based on the age and architectural significance, the Historic Preservation Board gave preliminary support based on the facts presented. It is anticipated that the proposed relocation of the Amelung House will occur in early September as the applicant is required to remove the building from its current site at 1125 Vista Del Mar Drive no later than September 7, 2003. The designation will become effective at the time the building is placed on Lot 9. Attachment: Ordinance 25-03 Report prepared by: Wendy Shay, Historic Preservation Planner ORDINANCE NO. 25-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAy BEACH, FLORIDA, DESIGNATING THE AMELUNG HOUSE, LOCATED AT 102 NE 12TM STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DRI.RAY BEACH, FLORIDA, APRIL, 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, Gary Ehopoulos, as duly authorized agent, has nominated the property described herein m be designated as a local historic site; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the property as a local historic site; and WHEREAS, on July 16, 2003, the Historic Board of the City of Delray Beach recommended 7 to 0 that the property described herein be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described herein as a local historic sate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: Lot 9, Block 6 Dell Park, according to the Plat recorded in Plat Book 8, Page 56, recorded in the Public Records of Palm Beach County, Florida; said land situate, lying and being in Palm Beach County, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the zoning Map of the City of Delray Beach, Florida, to show the historic des'~mation, in an overlay manner. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of die remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in reg~flar session on second and final reading on this the day of ,2003. A'rf~T MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 25-O3 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # \~)~.~ - REGULAR MEETING OF AUGUST 19. 2003 ORDINANCE NO, 26°05 (AMENDING CHAPTER ?L SUBSECTION 7L030(B)) AUGUST 15, 2003 This ordinance is before Commission for second reading and public hearing to amend Chapter 71, "Parking Regulations", Subsection 71.030(B), "Requirements for Immobilization Contractor or Property Owner". Ordinance 26-03 provides for changes in the fees and payment provisions, language of warning notices, and length of response time for the removal of the mobilization device. At the first reading on August 5, 2003, the City Commission passed Ordinance No. 26-03. Recommend approval of Ordinance No. 26-03 on second and final reading. S:\City Clerk\chevelle folde~\agenda memos\Os~l.26.03.8.19.03 TO: THRU: FROM: SUBJECT: DA~)~RI~TY.MANAGER P,~O~RI~TOR OF PLANNING & ZONING ~CO-~TT ~ PARKING MANAGEMENT SPECIALIST MEETING OF AUGUST 5, 2003 - REGULAR AGENDA APPROVE ORDINANCE 26-03 AMENDING PORTIONS OF THE CITY CODE OF ORDINANCES CHAPTER 71, SECTION 71.030, "IMMOBILIZATION REGULATIONS" A recent inquiry from a commercial property owner initiated an evaluation of the City Code of Ordinances Chapter 71, Section 71.030. The concern was that some of the requirements of the ordinance are too restrictive making the immobilization of vehicles illegally parked on private property unfeasible. The request was made to amend the ordinance so the property owner could have illegally parked vehicles immobilized rather than towed. Staff agrees that the immobilizing vehicle is a preferred method of enforcement over towing for the following reasons: 1. The vehicle remains in the same place it was parked by the vehicle owner, 2. Vehicle owner is not required to travel to desolate impound yards and, 3. Cost to remove immobilization device is less expensive than redemption after being towed. Staff suggests the following changes to City Code of Ordinances Chapter 71, Section 71.030: Increase the maximum fee which could be charged for the removal of the immobilization device from $25 to $50, If the property owner or Contractor is unable to accept credit cards they can invoice the vehicle owner for payment at a later date, Extend the maximum response time to remove the device from 30 to 60 minutes and, Require the warning notices affixed to the vehicle window to be in English only (the current requirement is English, Spanish and Creole). These changes shall be accomplished through the adoption of Ordinance No. 26 - 03 (attached for your review) At their meeting of July 10, 2003, the Development Services Management Group reviewed and supported the above modifications. By motion, approve on first reading Ordinance No. 26-03 amending City Code of Ordinances Chapter 71, Section 71.030 and set a public hearing for August 19, 2003. Attachment: / ~.~ ORDINANCE NO. 26-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEl,RAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 71, "PARKING REGULATIONS", SUBSECTION 71.030(B), "REQUIREMENTS FOR IMMOBILIZATION CONTRACTOR OR PROPERTY OWNER", TO PROVIDE FOR A CHANGE IN THE FEES AND PAYMENT PROVISIONS AND TO CLARIFY OTHER MINOR ITEMS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined it to be in the public's best interest to provide for a change in the fees and payments provisions and to chrlC-y other minor items of the ordinance. NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COMMISSION OF THE CITY OF DF. LRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 71, "Parking Regulations", of the Code of Ordinances of the City of Delmy Beach, is hereby amended by mending Section 71.030, "Immob'dization Regulations", Subsection (B), "Requirements for Immobilization Contractor or Property Owner" to read as follows: Sec. 71.030 IMMOBILIZATION REGULATIONS. (B) Rvquirements for Immobi~ation Contractor or Property Ouraer. A property owner or immobilization contractor, to be in compliance with the provisions of this Section, must comply with the following requirements: (1) Notice. Property owners are required to post notice if vehicles are subject to immobilization. The notice must clearly indicate on a sign that parking is reserved for customers only and unauthorized vehicles will be subject to immob'dization at the owner's expense. The notice must also provide the name and telephone number of the person or firm immobilizing the vehicle, the fee for the removal of the immobilization device, such fee not to exceed a maximum rate of (2) (3) the immobilization device, such fee not to exceed a maximum rate of ......L~,~ .~,~a'--- fifty, dollars ($~5_0.00), and acceptable methods of payment. Such methods shall include cash, check payable in U.S. funds and credit cards. If the property, owner or immobilization contractor does not accept credit cards, they may require the vehicle owner s'~xgn an invoice for payment prior to removal of the immobilization device. (0 The notice shall read substantially, in not less than three (3) inches high, light reflective letters on a contrasting background, the words "RESERVED PARKING"; in not less than one and one-half (1/2) inches high, light reflective letters on a contrasting background, the words "Customers of (insert name of facility) Only-Unauthorized Vehicles Subject to Immobilization and a Fee of vr;zn~- ~-;z fifty. dollars (Yr~50.00)"; in not less than three-quarters of an inch high, light reflective letters on a contrasting background, the words "To Remove Immobilization Device Call: (insert name, address and telephone number to call to request removal of the mobilization device)". (d) Notice must be prominently placed at each driveway access or curb allowing vehicular access to the property and within five (5) feet from the Public Right-of-Way line. (e) The sign structure containing the required notices must be permanently installed with the bottom of the sign not less than four (4) feet above ground level and must be continuously maintained on the property for not less than twenty-four (24) hours prior to the immobilizing of any vehicles. (0 The City is authorized to require pexmitting and inspection of these signs prior to any mobilizing of vehicles being authorized. In4peaion of Rval Property svhere Immobi~ation is Used to Enfone Parking Restffaqons. The property owner shall provide access to the City Manager or his designee in order to inspect the required s'zgns on premises where immob'flization is used to enforce parking restrictions. Notification to O~nm Prior to immobilization, the property owner or immobilization contractor's representative shall attempt to notify the owner, operator, or person legally in control of the vehicle to have that person retrieve it promptly before the 2 ORD. NO. 26-03 vehicle is mobilized. Notification to a person within reasonable access shall be made by a verbal warning. (4) Method of Immobilization. Immob'flization shall be accomplished by placing a steel boot or comparable immob'Rization device to the front wheel on the driver's side of the motor vehicle. The steel boot or comparable immobilization device may be placed on any other wheel if placement on the front wheel on the driver's side is not feasible. (5) IVaming Sign Requirement. Upon immobilization, the property owner shall affix a warning notice written in Englisk, ~___:_L __~ ,~_~_ ~. ............... , on the driver's side window of the vehicle, indicating that the vehicle is immobilized and that any attempt to move it will cause damage, and shall provide the telephone number to contact for release of the immobilization device, and the fee for its removal. The warning sign shall be in a form acceptable to the City. (6) Availabi~y and Re~l~nse Time. The property owner or immobilization contractor shall make available on a twenty-four-hour, seven-days-a-week basis, attendants and equipment for the timely rdease of the immob'dizafion device. The immob'flizafion contractor is required to remove the immobilization device from the vehicle within ,,,~: s'~__~$ (3_60) minutes of a call for said service by the owner of the immobilized vehicle. Record of Contracts. The property owner or immobilization contractor shall file and maintain on record at all times with the City Manager or his designee a list of any and all current written contracts for immol~flizafion services on private real property within the City limits. The list shall be kept current and shall provide the City with: (a) The address of the real property; (b) The date of the agreement; (c) A contact name and telephone number at the premises. (8) Insurance. The property owner or mobilization contractor shall file with the City's Risk Manager and have in effect an insurance policy or certificates of insurance in lieu thereof, which shall indemnify or insure the property owner or immobilization contractor for all claims of damage to property resulting from any action or operation in connection with the service performed, such amount not to be less than twenty thousand dollars ($20,000.00) for each incident. 3 ORD. NO. 26-03 Recotdkeqing Procedures. The property owne~ or immobilization contractor shall keep an immobilization log with information including, but not limited to, date and time the vehicle was observed illegally parked, compliance with subsection (3) of this Section, the date and time of immobilization, the location/address of the real property where the mobilization took place, make, model, color and license tag number of the vehicle immol~flized. In addition, the mobilization contractor shall include in the log the following release information: verification of vehicle ownership, the name of the person removing the steel boot or comparable immobilizaO0n 0¢vi~¢ and the name of the person requesting the service, if applicable. All files, records and logs shall be available for inspection and checking on the subject premises during normal working hours by the City Manager or his de(~mee. (10) Ethics and Conduct. The property owner and immol~dizafion contractor shall conduct their business in an orderly, ethical and business-like manner at all times, and shall use every means to obtain and keep the confidence of the motoring public. All public contact shall be courteous. 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 regmlar session on second and final reading on this the day of ,2003. MAYOR City Clerk Fkst Reading Second Reading 4 ORD. NO. 26-03 TO: THRU: FROM: SUBJECT: MEETING OF AUGUST 19, 2003 SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM LD (LOW DENSITY RESIDENTIAL 0-5 DWELLING UNITS PER ACRE) TO CF-C (COMMUNITY FACILITIES - CHURCH) AND REZONING FROM R-l-AA (SINGLE FAMILY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR A PORTION OF THE TRINITY LUTHERAN CHURCH~ WHICH IS LOCATED AT THE NORTHWEST CORNER OF NORTH SWINTON AVENUE AND LAKE IDA ROAD (400 NORTH SWINTON AVENUE). The subject property consists of a portion of Lot 12 of the Model Land Company Subdivision and is 0.81 acres. The property currently contains a 1,035 square foot storage building and parking area. The property has been owned by the church since 1982. This was prior to the Citywide rezoning and adoption of the Land Development Regulations in October 1990, when the majority of the Church's properties were rezoned from R-l-AA to CF. Recognizing that this property should have been given FLUM and zoning designations consistent with the balance of the church property, the City Commission approved the initiation of a corrective small-scale Future Land Use Map amendment from LD (Low Density) to CF (Community Facility) and rezoning from R-l-AA (Single Family) to CF (Community Facility) on July 8, 2003. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the request. There were two people from the public that expressed concerns with existing nuisances generated by the church and the expansion of the church facilities onto the subject property as a permitted use. The general sentiment was that the church has not provided sufficient buffering to eliminate the noise generated at the outdoor play areas, which are located along the north and west sides of the church campus. Staff is currently reviewing prior approvals to determine if buffering or the relocation of play area were ever attached as conditions of prior approvals. The results of that review will be available at the City Commission meeting. After reviewing the staff report and discussing the proposal, the Planning and Zoning Board voted 4-0 (Soward abstaining, Morris absent) to recommend that the request be approved, based on 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), LDR Section 3.2.2 (Standards for Rezonings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for the proposed small scale FLUM Amendment from LD (Low Density Residential 0-5 dwelling units per acre) to CF-C (Community Facilities - Church) and Rezoning from R-l- AA (Single Family Residential) to CF (Community Facilities) for Trinity Lutheran Church based on 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), LDR Section 3.2.2 (Standards for Rezonings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and consistency with the Goals, Objectives, and Policies of the Comprehensive Plan. RepOrt of July 21,2003 Attachments: P & Z Staff ORDINANCE NO. 23-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) TO CF-C (COMMUNITY FACILITIES-CHURCHES), AND REZONING AND PLACING LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF LAKE IDA ROAD AND SWINTON AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMAIJ. SCALE LAND USE PLAN AMENDMENTS; AMENDING "ZONING MAP OF DFJ.RAY BEACH, FLORIDA, APRIL 2003" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is de(~aated on the Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as LD (Low Density Residential 0-Sdu/ac); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 2003, as being zoned R-l-AA (Single Family Residential); and WHEREAS, at its meeting of July 21, 2003, the planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public heating and voted 4 to 0 to recommend approval of the small scale FLUM and that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be amended to reflect the revised land use designation of CF-C (Community Facilities-Churches); and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 2003, be amended to reflect the revised zoning classification of CF (Community Facilities) 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: The South 100 feet of the North 200 feet of the East half of Lot 12, Subdivision of Section 8, Township 46 South, Range 43 East, lying West of the East line of NW 1st Avenue extended southward, Delray Beach, Palm Beach County, Florida. Section 2. That the Future Land Use Map des'uomation for the subject property in the Comprehensive Plan is hereby changed from LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities-Churches). Section 3. That the Zoning District Map of the City of Dekay Beach, Florida, dated April, 2003 is hereby changed from R-l-AA (ffmgle Family Residential) District to CF (Community Facilities) District. Section 4. That the City of Delray Beach elects to make this small scale amendment by having only an adoption heating, pursuant to Florida Statutes Section 163.3187 (1)(c)3. Section 5. 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 April, 2003, to conform with the provisions of Section 3 hereofi Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 8. That this ordinance shall become effective thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.31870), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Ta!l~hassee, Florida 3239%2100. 2 ORD. NO. 234)3 PASSED AND ADOFI'ED in £egnl~r session on second and final reading on this the day of ,2003. MAYOR City Clerk First Reading Second Reading 3 OR.D. NO. 23-03 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: July 21, 2003 AGENDA ITEM: ~v. D. ITEM: city Initiated Future Land Use Map Amendment from LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities - Churches) and Rezoning From R-l-AA (Single Family Residential) to CF (Community Facilities) for a 0.81 Acre Portion of the Trinity Lutheran Church Property (Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant ......................... Tdnity Evangelical Lutheran Church & School Agent .......................................... Robert G. Currie Partnership, Inc. Location ...................................... Located at the northwest corner of Lake Ida Road and Swinton Avenue. Property Size ................. : ............ 0.81 Acres Future Land Use Map ................ LD (Low Density Residential 0-5 Units/Acre) Proposed FLUM ......................... CF-C (Community Facilities - Churches) Current Zoning .................. ~ ......... R-l-AA (Single Family Residential) Proposed Zoning ........................CF-C (Community Facilities) Adjacent Zoning ....... ; ........ North: R-l-AA (Single' Family Residential) East: R-l-AA (Single Family Residential) South: CF-C (Community Facilities - Churches) West: R-l-AA (Multiple Family Residential) Existing Land Use ...................... Church & Accessory School Proposed Land Use ....................Church & Accessory School Water Service ............................. Available connection via an 8" water main, located within Lake Ida Road. Sewer Service ............................. Existing on site. LAK[ IDA ROAD IV. D. The action before the Board is that of making a recommendation to the City Commission on a City initiated Future Land Use Map amendment from LD (Low Density Residential 0-5 du/ac) to CF (Community Facilities - Churches) and rezoning from R-I- AA (Single Family Residential) to CF (Community Facilities) for a portion of the Trinity Lutheran Church, which is located at the' northwest corner of North Swinton Avenue and Lake Ida Road (400 North Swinton Avenue). Pursuant to Section 2.2.2(E), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to the rezoning and FLUM Amendment of any property within the City. The subject property consists of a portion of Lot 12 of the Model Land Company Subdivision and consists of 0.81 acres. The property currently contains a 1,035 square foot building and parking area. The property has been owned by the church since 1982, which was prior to the Citywide rezoning and adoption of the Land Development Regulations in October 1990, at which time, the majority of the Church's properties were rezoned from R-l-AA to CF. At its meeting of July 8, 2003, the City Commission approved the initiation of a corrective small-scale Future Land Use Map amendment from LD to CF and rezoning from R-l-AA to CF for the subject property. In accordance with Chapter 163, Flodda Statutes, this Future Land Use Map amendment, is considered a small scale amendment and is not limited to the twice-a- year Comprehensive Plan Amendment review process. Florida Statutes 163.3187 -Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; P & Z Board Staff Report FLUM Amendment & Rezoning for Trinity Lutheran Church Page 2 The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; That if the proposed amendme~ involves a residential land use, the residential land use has a density of 10 units or less per acre except for properties that are designated in the Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization; The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the Future Land Use Map for a site-specific small scale development activity; and, The property that is the subject of a proposed amendment is not located within an area of critical state concem. The subject property consists of 0.81 acres. The property is not located within a designated redevelopment area or traffic concurrency exception area. It is noted that a small scale Future Land Use Map (FLUM) amendment as defined by Florida State Statute 163.3187 has not been adopted this year. Therefore, the proposed 0.82 acre FLUM amendment does not exceed the 60 acre annual limit. The existing LD (Low Density Residential 0-5 du/ac) FLUM designation allows a density up to 5 dwelling units per acre and is proposed to be changed to CF-C (Community Facilities - Church), which is a non-residential FLUM designation that does not allow residential development. The proposed FLUM Amendment and Rezoning represent a corrective measure to properly designate the subject property according to its established use as part of a church campus. The property has not previously been considered for a Future Land Use Map amendment nor has the same owner's property, within 200 feet, been granted a land use change within the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical state concern. : . Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.t(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 existing use of the subject property is storage, parking and open space associated with the Trinity Lutheran Church, which are allowed as an accessory use to a church. It is noted that churches are allowed as a conditional use in the R-l-AA zoning district [ref. LDR Section 4.4.3(D)(2)]. However, the remainder of the Trinity Lutheran Church has a CF - C FLUM and CF zoning designation. Churches and attendant uses of daycare, preschool, educational facilities, and other normal educational (Sunday school) and recreational, and support facilities (e.g. parsonage) are allowed as a permitted use in the CF zoning district [ref. LDR Section 4.4.21(B)(5)]. Consequently, it is appropriate to P & Z Board Staff Report FLUM Amendment & Rezoning for Trinity Lutheran Church Page 3 correct the FLUM and Zoning Distdct Maps to change the designation of the subject property so that it is consistent with the balance of the campus. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: 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 verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. As noted in the background section of this report, the property has been owned by the Tdnity Lutheran Chumh since 1982. The property has been a part of the church campus and contains storage, parking and a dumpster. The proposed FLUM amendment is essentially corrective since the designation should have addressed as part of the citywide rezonings when the remainder of the campus was rezoned from R-l-AA to CF. n Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed change to CF-C is a corrective amendment consistent with the balance of the Trinity Lutheran Chumh campus. If redevelopment of the subject property were to occur, the proposed CF-C would be more appropriate as the majodty of the campus is designated as CF-C. [] Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves a corrective FLUM amendment on a 0.81 acre parcel from LD to CF-C and a rezoning from R-l-AA to CF. While the LD allows a maximum of 5 dwelling units per acre, it also accommodates the uses allowed by the CF-C FLUM designation (i.e. chumhes, child care facilities and educational facilities). The existing use of the property is a permitted use in the CF zoning district and as a conditional use in the R-l-AA zoning district. There will be no increase of the P & Z Board Staff Report FLUM Amendment & Rezoning for Trinity Lutheran Church Page 4 intensity of the property that is not currently allowed in the existing LD zoning designation with respect to concurrency. Any future development would need to comply with the Palm Beach County Traffic Performance Standards Ordinance. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. As noted previously, churches are allowed in both the LD and CF-C district. Furthermore, the subject property has been owned and utilized as part of the Trinity Lutheran Church campus since 1982. The use of the property as a Church has been compatible with the surrounding area. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 0.81 acre parcel of land will occur in accordance with the City's Land Development Regulations during the site plan review process. There is no redevelopment proposal associated with this property. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be made. 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, Concurrency and Comprehensive Plan Consistency was 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 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 the making of a finding of overall consistency. P & Z Board Staff Report FLUM Amendment & Rezoning for Trinity Lutheran Church Page 5 Section 3.2.2 (Standards for Rezonin.q Actions): Standards B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The subject property is designated as "stable" on the Residential Neighborhood Categorization Map. The proposed rezoning from R-l-AA to CF is allowed per this performance standard. The existing use of the property is allowed as an accessory use to the church in both zoning districts. Consequently, the proposed rezoning to make the zoning the subject property consistent with the remainder of the church campus is appropriate. (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. The proposed rezoning is corrective since the majodty of the property was previously rezoned from R-l-AA to CF in 1990. A church is an allowed use in both zoning districts. If redevelopment of the property were to occur, the buffer requirements of the Land Development Regulations will provide adequate separation and screening for the residential uses to the north. Section 2.4.5(D)(5) (Rezonina Findings): 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 re~oning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more a;)=ro;)riate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "a" and "c", based on the following: P & Z Board Staff Report FLUM Amendment & Rezoning for Trinity Lutheran Church Page 6 The R-l-AA zoning district is inappropriate siqce the majority of the chumh campus was rezoned to CF in 1990 and the subject property was inadvertently excluded from this rezoning. Churches are allowed uses in both the R-l-AA and CF zoning district. A rezoning to CF is more appropriate for the property and will allow a consistent zoning for the entire campus. - COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be address.ed by the body taking final action on a land development application/request. There is no development proposal associated with this rezoning request. The rezoning is corrective in nature in order to provide a unified zoning classification to the entire chumh campus. Any development proposal will have to comply with the Land Development Regulations. The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following civic and homeowners associations: · Seacrest HOA · Presidents Council · PROD · Lake Ida HOA 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. The proposed FLUM amendment and Zoning Map change is a corrective measure with respect to providing the appropriate designations for the existing church property, which will be consistent with the remainder of the campus. There has been no known conflict with the surrounding properties. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be made with respect to LDR P & Z Board Staff Report FLUM Amendment & Rezoning for Trinity Lutheran Church Page 7 Section 2.4.5(D)(5) (Rezoning Findings). Therefore, the proposed FLUM amendment can be recommended for approval based on the findings outlined in this report. A. Continue with direction. Recommend to the City Commission approval of a small-scale FLUM Amendment from LD (Low Density Residential, 0-5 du/ac) to CF-C (Community Facilities - Church), and rezoning from R-l-AA (Single Family Residential) to CF (Community Facilities) fo~' Trinity Lutheran Church based on 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), LDR Section 3.2~2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Recommend denial of the FLUM Amendment from LD to CF-C and Rezoning from R-l-AA to CF based on a failure to make positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, LDR Section 3.2.2 and LDR Section 2.4.5(D)(5)[Required Findings], and that the FLUM amendments and rezonings fail to fulfill one of the basis for which a FLUM Amendment or rezoning should be granted. Recommend to the City Commission approval of the proposed small scale FLUM Amendment from LD (Low Density Residential 0-5 dwelling units per acre) to CF-C (Community Facility - Chumh) and Rezoning from R-l-AA (Single Family Residential) to CF (Community Facilities) for Trinity Lutheran Church, based on 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),: LDR Section 3.2.2 (Standards for Rezonings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan Attachments: El Future Land Use Map El Zoning Map Prepared by: Scott Pape, Senior Planner 9TH 711'1 ST. N.£. 7TH ST. N.W. 6TH ST. N.E. 61~rl ST, N.E. 5TH LAKE IDA ROAD CHURCH ST. NE. ST. MARI1N CiTY A TTORN£Y BUILDING KING ,IR. DR~V[ CITY HALL TRINITY CHURCH FLUM AMENDMENT FROM: LD (LOW DESNSITY RESIDENTIAL, 0..5 UNITS/ACRi TO: CFC (COMMUNITY FACILITIES-CHURCHES) 400 N. SWINTON AVE. AVE EX,~TING L.4ND USAGE: CHURCH S ~SR CITY KING ,IR, CF CITY HALL CF TRINITY CHURCH REZONING RESIDENTIAL) FACILITIES) 400 N. SWINTON AVE. S TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT ./.~,~ v JANET MEEKS, EDUCATION COORDINATOR~ MEETING OF AUGUST 19, 2003 CONSIDERATION OF AMENDING CHAPTER 32 OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES ADDING SECTIONS 32.45~ 32.46~ 32.47~ 32.48~ 32.49~ AND 32.50 FOR THE ESTABLISHMENT OF A NEIGHBORHOOD ADVISORY COUNCIL At its workshop meeting of July 15, 2003, the City Commission discussed the merits and details of establishing a permanent Neighborhood Advisory Council. In general, the mission of the Neighborhood Advisory Council would be to develop and recommend to the City Commission general policies, strategies and programs relating to the development, preservation, improvement and revitalization of Delray Beach Neighborhoods on an on-going basis. The main goals of a Neighborhood Advisory Council would be to help maintain broad-based community involvement with the residents, create neighborhood outreach initiatives, enhance communication, improve the aesthetics of the neighborhoods and identify any potential threats to the stability of the neighborhoods. The enacting Ordinance for the establishment of the Neighborhood Advisory Council is now before the City Commission for approval. By motion, approve on the first reading text amendment to Chapter 32, "Departments, Boards, and Commissions", of the Code of Ordinances of the City of Delray Beach Florida, by enacting a new subheading "Neighborhood Advisory Council", and setting a public hearing date of September 2, 2003. Attachment: · Ordinance by Others / LB ORDINANCE NO. 27-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", TO CREATE A "NEIGHBORHOOD ADVISORY COUNCIL" AS AN ADVISORY BOARD TO THE CITY COMMISSION; BY ENACTING SECTION 32.45, "ESTABLISHMENT", SECTION 32.46, "COMPOSITION; APPOINTMENT; TERMS", SECTION 32.47, "ORGANIZATION", SECTION 32.48, "QUALIFICIATIONS OF MEMBERS", SECTION 32.49, "DUTIES AND RESPONSIBILITIES", AND SECTION 32.50, "MEETINGS", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, recognizes the importance of quality neighborhoods in the continuing growth, development, and especially the renaissance of the City; and WHEREAS, the City Commission has heretofore demonstrated its commitment to maintain safe and livable neighborhoods through its support of the Strategic Task Team approach for neighborhood action plans and neighborhood redevelopment plans; and WHEREAS, the Neighborhood Advisory Council is to be established to help improve the overall condition and livability of neighborhoods; and WHEREAS, the Neighborhood Advisory Council will provide assistance to the City Commission to enhance communication among the neighborhoods and help to identify issues that may effect the stability of the neighborhoods. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 32 "Departments, Boards, and Commissions", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to create a "Neighborhood Advisory Council", by enacting new Sections 32.45, "Establishment", 32.46, "Compositions; Appointment; Terms", 32.47, "Organization", 32.48, "Qualifications of Members", 32.49, "Duties and Responsibilities" and 32.50, "Meetings", to read as follows: NEIGHBORHOOD ADVISORY COUNCIL Sec. 32.45. ESTABLISHMENT The Neighborhood Advisory Council of the City of Delray Beach is hereby established as a permanent advisory body to the City Commission. Ord. No. 27-03 Sec. 32.46. COMPOSITION; APPOINTMENT; TERMS The Neighborhood Advisory Council shall be composed of Fifteen (15) regular members, and two (2) student members. Fifteen (15) regular members shall be appointed by the City Commission for terms of three (3) years, except that the members of the first Board to serve shall be appointed so that five (5) members shall serve one (1) year terms, five (5) members shall serve two (2) year terms and five (5) shall serve a three (3) year term. Their successors shall be appointed to three (3) year terms. It is further provided that no member may serve more than two successive terms on this Council. Two (2) student members shall be appointed by the City Commission for one (1) year terms. No student member may serve more than two successive terms. Sec. 32.47. ORGANIZATION (A) The Neighborhood Advisory Council shall elect a chairperson and vice- chairperson to preside at its meetings and any other officers as the Board may deem necessary. The Chairperson shall be the official spokesperson for the Board and the formal liaison between the established neighborhood associations and the City Commission. (B) The Neighborhood Advisory Council shall formulate rules and regulations for the conduct of its business. (C) The Neighborhood Advisory Council shall have technical and logistical support provided as determined by the City Manager. A staff person shall be designated as the official City contact with the Neighborhood Advisory Council. Sec. 32.48. QUALIFICATIONS OF MEMBERS The Neighborhood Advisory Council membership shall be selected as follows: a. Twelve (12) residents with two (2) residents selected from each of the six neighborhood zones. b. Three (3) at large representatives, may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. c. Two (2) Student representatives that either reside in the City of Delray Beach or attend a Delray Beach public or private school. It is the intent, if possible, that the membership of the Neighborhood Advisory Council include members who are currently or have previously been active with their neighborhood association and/or been on their Board of Directors. A member shall be a resident of Delray Beach for at least two years. If a member of the Neighborhood Ord. No. 27-03 Advisory Council ceases being a resident of the City of Delray Beach, that member shall no longer be qualified to serve on the Council. Sec. 32.49. DUTIES AND RESPONSIBILITIES The duties and responsibilities of the Neighborhood Advisory Council shall be as follows: a. Serve as liaison between the various neighborhood associations and the City to resolve matters of concern. b. Serve as a public forum for input on issues relating to neighborhoods. c. Maintain a continuous public relations effort to improve communications between the neighborhoods and the City. This effort should include, but not be limited to, the following: · Information exchange through the News for Neighborhoods. · Creation of a neighborhood information Web page that may also contain a profile of each neighborhood. · Placement of material in local media through the City's Public Information Officer. d. Set up guidelines for the process by which a neighborhood is selected for a Strategic Task Team Action Plan. e. Monitor the performance and success of the Strategic Task Team Action Plans. f. Create guidelines and criteria for neighborhood grants awards, program evaluation and effective monitoring of these initiatives. g. Host the Neighborhood Summit as deemed necessary by the Neighborhood Advisory Council. h. Provide comments to the City Commission regarding proposed developments and the impact they may have on the stability of the neighborhoods. Sec. 32.50. MEETINGS (A) The Neighborhood Advisory Council shall meet at least once monthly on a regular basis, with a regular meeting date of the third Monday of each month, except when that date falls on a holiday in that circumstance the Council shall establish another regular meeting date for that month. The Neighborhood Advisory Council may hold special meetings at the direction of its chairperson upon twenty-four (24) hours notice. Ord. No. 27-03 (B) All meetings shall be open to the public and the order of business and procedure to be followed shall be as prescribed within the rules and regulations to be adopted by the Neighborhood Advisory Council. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular section on second and final reading on this the day of ,2003 ATTEST MAYOR City Clerk First Reading. Second Reading. Ord. No. 27-03