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Agenda Reg 03-20-01
City of Delray Beach Regular Commission Meeting Tuesday, March 20, 2001 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 MW 1st Avenue Deltay Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary atds and services to afford an individual vath a disability an opportunity to parucipate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127 (voice) or 243-7199 (IT)D), 24 hours prior to the event m order for the C~ty to accommodate your request. Adapuve hstening devices are available for meeunes in the Comrmssion Chambers. 2. 3. 4. 5. 6. ROLL CALL. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: PROCLAMATIONS: A. Recognizing and commending County Commissioner Mary McCarty B. Recognizing April 15th - ApI~I 22, 2001, as Days of Remembrance C. Recognizing May 20th - May 26, 2001 as National Public Works Week PRESENTATIONS: A. Annual Financial Report - Ernst & Young Sister Cities Committee and the Delray Art League - Sister Cities Intemational "Young Artist Exhibit 2001" - "I~ of The Fruits of World Peace" CONSENT AGENDA: City Manager Recommends Approval. A. WATERWAY VILLAGE DEVELOPER'S AGREEMENT: Approval of the agreement between the City and the developer of Waterway Village. This development is proposed to be located south of Lindell Boulevard and between Dixie Highway and Federal Highway. ACCEPTANCE OF EASEMENT DEED: Approve and accept an easement deed granting to the City the means to install and maintain a water main along the east side of a vacant lot on Douglas Avenue. ACCEPTANCE OF EASEMENT DEED: Approve and accept an easement deed which allows an electrical connection for lighting to the parking lot located at the comer of NE 3rd Avenue and NE 12th Street. D. PINEAPPLE GROVE BRICK PAVER SIDEWALK AGREEMENTS AND EASEMENTS: Approve the standard agreement and easement deed to allow brick paver sidewalk construction and future maintenance in Pineapple Grove. PINEAPPLE GROVE BRICK PAVER SIDEWALK AGREEMENT/MYERS: Approval of a Brick Paver Sidewalk Construction Agreement with owners Warren J. Myers & Patricia A. Healy-Golembe for property located at 181 N.E. 2nd Avenue. -2- 03-20-01 F. AGREEMENT FOR SIDEWALK IMPROVEMENTS/DALE E. POPIK: Approve an agreement between the City and Dale E. Popik to allow the deferral of sidewalk improvements within the Cypress Drive right-of-way immediately abutting 964 Cypress Drive, Tropic Isle until such time as the City requests the sidewalk to be constructed. AGREEMENT FOR SIDEWALK IMPROVEMENTS/GERSON BAITEL: Approve an agreement between the City and Gerson Baitel to allow the deferral of sidewalk improvements wkhin the SE 9th Street right-of-way immediately abutting 714 SE 9th Street, Rio Del Ray Shores Subdivision until such time as the City requests the sidewalk to be constructed. MODIFICATIONS TO DEP CONTRACT FOR FUNDING RELATING TO THE YEAR 2001 BEACH NOURISHMENT PRO.IECT: Approve the modifications to Florida Department of Environmental Protection (DEP) contract #99PB2 for the state's cost sharing of the upcoming Beach Nourishment Project. RESOLUTION NO. 25-01: Approve Resolution No. 25-01 requesting the United States Army Corps of Engineers to implement an emergency deviation from the Water Conservation Area #1 (WC~ #1) regulation schedule to 11.00 feet NGVD during the South Florida Water Management District declared water shortage. RESOLUTION NO. 26-01: Approve Resolution No. 26-01 opposing all Legislative Initiative which would eliminate or diminish authority of Local Governments to amortize billboards along "any" highway system. RESOLUTION NO. 28-01: Approval of a resolution authorizing the City to transfer r-~ ~ ~ ~ 2-~ ~-W 5~ Avenue to allow the transfer of one lot to Habitat for Humanity of South Palm Beach County. AMENDMENT #1 TO THE CONTRACT WITH OMNICOM~ INC.: Approval of Amendment #1 to the Omnicom contract for an amount not to exceed $20,877.50, for additional consulting fees associated with the final testing and implementation of the new 800 MHZ radio system. SERVICE AUTHORIZATION #3/CH2M HILL~ INC.: Approve Service Authorization #3 with CH2M Hill, Inc., in the amount of $39,151.00 for consulting engineering services in conjunction with updating the City's Water Supply Master Han. Funding is available in 441-5111-536-31.90 (Water/Sewer-Other Professional Services). CONTRACT AWARD & CHANGE ORDER #1/MAN-CON, INC.: Approve the Contract Award in the amount of $730,337.00 and Change Order #1 in the amount of $184,047.50 for a total of $914,384.50 to Man-Con, Inc. for the Barrier Island Infrastructure Improvements. Funding is available in the amount of $346,315.00 from 370-3162-541-65.42 (Barrier Island); $13,785.00 from 441-5161-536-65.42 (Barrier Island); $63,213.00 from 442-5178-536-65.16 (Water/Sewer Island Drive); $117,000.00 from 442-5178-536-65.52 (Island Drive/Harbor Drive); $171,115.00 from 442-5178- 536-65.42 (Island Drive/Harbor Drive); $34,963.00 from 448-5461-538-6338 (Island -3- 03-20-01 Drive Drainage); $167,993.50 from 448-5470-538-65.42 (Barrier Island). STREE~T, CLOSURE REQUEST: Approve a request to grant temporary use permit per LDR s Section 2.4.6 (H) for the closure of SE 4th Avenue from Atlantic Avenue to SE 1st Street on March 23r~ from 3:30 p.m. until 8:30 p.m. for a Vintage Car Show being sponsored by the Delray Beach Public Library. SPECIAL EVENT/EASTER SUNRISE SERVICE: Approve a request to grant temporary use permit for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar on April 15~h from 5:30 a.m. until 7:30 a.n% for the use of the pavilion, staff support, barricading, and EMS assistance on behalf of the Delray Beach Clergy Assodation. AGREEMENT FOR TRAFFIC AND PARKING ENGINEERING SERVICES: Approve an agreement in the amount of $25,652.00 to Lawson, Noble & Webb, Inc. for traffic and parking engineering services associated with the Downtown Business District Plan. AGREEMENT FOR MARKET ANALYSIS CONSULTANT SERVICES: Approve an agreement in the amount of $20,000.00 to Marketek, Inc., for market analysis consultant services associated with the Downtown Business District Plan. FUNDING SUSBSIDY UNDER DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $17,000.00 for one (1) income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the 120th homeownership assistance grant provided through the program to-date. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 5~h through March 16, 2001. AWARD OF BIDS AND CONTRACTS: Bid award for vehicle replacement from State Contract, as specified in Attachment "C", and from a local bid as specified in Attachment "D'. Funding is available from 501-3312-591-64.20 (Central Garage/Automotive) in the total amount of $64,790.00. Bid award to Rust Off, Inc. in the amount of $25,600.00 for anti-mst chemicals for the city irrigation system. Funding is available from 119-4144-572-52.21 (Beautification Fund/Chemicals). Bid contract renewal for the purchase of calcium hypochlorite from Leslie's Swimming Pool Supplies and purchase of liquid chlorine from Jones Chemical via the City of Boca Raton Coop Bid #2000-046 at an estimated annual cost of $73,815.00. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals) for $69,090.00 and from 441-5144-536-52.21 (Water/Sewer/Chemicals) for $4,725.00. Bid award for a new vehicle from State Contract, to Regency Dodge in the -4- 03-20-01 amount of $24,186.00 for a Dodge heavy-duty DA ton pick up truck. Funding is available from 001-2315-526-64.20 (Fire Department/Automotive). REGULAR AGENDA: A. ATLANTIC GROVE DEVELOPMENT/LOCAL INITATIVES SUPPORT Bo Eo CORPORATON (LISC): Consider approval of the request from the Developer and its non-profit parmers to participation in the Department of Housing & Urban Development's Section 108 Loan Guarantee Program. WOMAN'S CLUB AMENDED AND RESTATED LEASE: Consider approval of the Woman's Club amended and restated lease for the joint use of the building as a Woman's Club, a youth center, community meeting place and public park AGREEMENT WITH JOINT VENTURE/FOURTH OF .[LILY FIREWORKS: Consider approval of an agreement between the City and the Joint Venture for the Fourth of July Fireworks display for the term 2001 through 2005. SPECIAL EVENT/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for A~ &Jazz scheduled for May 10, 2001, including temporary use permit and street closure, staff support, use of City equipment, and specified overtime costs. SPECIAL EVENT/HOT AIR BALLOON GLOW AND BALLOON RACE: Consider approval of a Hot Air Balloon Glow tO be held on June 1st on Atlantic Avenue, and Hot Air Balloon Race to be held on June 2nd & 3rd at Lake Ida Park REMOVED RESOLUTION FOR ASSISTANCE FROM F.IN.D. ON NE 4TM STREET: Ho Jo Consider approval of a resolution which would allow the City to seek reimbursement from the Florida Inland Navigational District for the construction of a pocket park at the end of NE 4th Street where k abuts the Intracoastal Waterway. RESOLUTION NO. 20-01: Consider approval of a resolution authorizing the City to th purchase property located south of SW 4~ Street and between SW 5 Avenue and SW 4~h Avenue for the purpose of drainage retention. RESOLUTION NO. 27-01: Consider approval of a resolution authorizing submittal of an application with the State of Florida for a Library Contract Grant and Agreement between the City and the Delray Beach Library Association, Inc. DELRAY BEACH POLICE BENEVOLENCE ASSOCIATION (PBA)/SUBLEASE: Consider approval of a request from the PBA to sublease a small portion of the premises located in Boynton Beach for the erection of a cellular tower. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the Chamber of Commerce representative appointment -5- 03-20-01 Lo Mo to the Parking Management Advisory Board to fdl an unexpired term ending August 1, 2002. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) member to the Education Board to fill an unexpired term ending July 31, 2002. The appointment will be made by Commissioner Archer (Seat #2). APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE 10. 11. 12. BOARD: Appoint one (1) member to the Site Plan Review and Appearance Board to fill an unexpired term ending August 31, 2001. The appointment will be made by Mayor Schmidt (Seat #5). PUBLIC HEARINGS: A° ORDINANCE NO. 19-01: An ordinance amending the Future Land Use Map from County MR-5 (Medium Density Residential 5 du/ac) to City LD (Low Density Residential 0-5 du/ac) and associated annexation with initial zoning of R-l-AAA for the Priest Property, located at the northwest comer of Barwick Road and L-31 Canal. This is a quasi-judicial hearing. ORDINANCE NO. 18-01: A City initiated ordinance correcting Future Land Use Map from MD (Medium Density Residential 5-12 du/ac) to GC (General Commerdal) and associated rezoning from RM (Medium Density Residential) to GC (General Commercial) for a parcel of land located on the west side of NE 7~h Avenue approximately 120 feet north of George Bush Boulevard. This is a quasi-judicial hearing. 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. 20-01: An ordinance creating Section 97.10 "Citrus Canker Control Procedures" thereby adopting a method to be adhered to by Lawn Maintenance Operations within the City of Delray Beach in order to help control the spread of Citrus Canker. If passed, a public hearing will be scheduled for April 3, 2001. ORDINANCE NO. 21-01: An ordinance amending Chapter 92, "Boats and Boating", Section 92.10, "Mooring to Public Property" of the City Code of Ordinance to prohibk prolonged dockage, and also the use of City electricity and other utilities while docking. If passed, a public hearing will be scheduled for April 3, 2001. -6- 03-20-01 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission 03-20-01 MARCH 12, 2001 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David Schmidt, in the Commission Chambers at 7:30 a.m. on Monday, March 12, 2001. Roll call showed: Present: Mayor David Schmidt Commissioner Jeff Perlman Commissioner Patricia Archer (arrived at 7:40 a.m.) Commissioner Bill Schwartz Absent: Commissioner Alberta McCarthy Also present: City Manager David T. Harden and City Attorney Susan A. Ruby. Mayor Schmidt called the special meeting to order and announced that it had been called for considering: (1) CITRUS CANKER IN DELRAY BEACH. Mayor Schmidt said that the City Commission was to consider whether the City of Delray Beach should file a lawsuit, or possibly intervene, in the pending lawsuit regarding Citrus Canker. The Mayor noted that the City Attorney's Office was going to make a presentation regarding this matter. Mayor Schmidt thanked the City Attorney's Office, and especially Assistant City Attorney, Jay Jambeck, for the tremendous amount of work that he did in such a short time and for presenting the Commission with such good information for today's meeting. City Attomey Susan Ruby stated that she was presenting the City Commission with a potential complaint in this case and a copy of Judge Fleet's Order in a Broward Case, currently on Appeal on the 4th District Court of Appeal. She stated that it was her understanding that the Department of Agriculture and Consumer Services voluntarily stopped the enforcement action in Miami-Dade County after the permanent injunction was entered in Broward County, before Judge Fleet, but that the Department was still proceeding against Palm Beach County. She noted that the 4th District Court of Appeal may issue an order fairly soon or within the next few weeks. Mrs. Ruby pointed out that Assistant City Attorney, Jay Jambeck, had prepared an Amicus Curiae Briefi In an Amicus Curiae Brief, one was not to argue issues that had already been argued before the Court. City Attorney Susan Ruby added that Mr. Jambeck had reviewed all the Briefs that had been filed, therefore, the City was only going to make the additional arguments appropriate to this case. Basically, she was presenting the City of Delray Beach Commission with some pleadings, should the City Commission want to proceed with this case. City Attorney Susan Ruby noted that there are a few fruit trees in Orchard View Park, on public property, which would help with their standing arguments. It was her recommendation that should the Commission decide to go forward with a lawsuit that it should do so on its own behalf. Assistant City Attorney, Jay Jambeck reiterated Ms. Ruby's statement and advised Commission he was available for any questions they might have. Mayor Schmidt noted that he had been to Tallahassee last week, along with Commissioners, Archer, McCarthy and Perlman. During their visit, Representative Ganon arranged a meeting with Deputy Secretary of the Department of Agriculture, Craig Meyer. During that meeting, Mr. Meyer raised the question as to whether the 4th District Court of Appeal's ruling would have any effect on Delray Beach if it did not file a lawsuit since the pending lawsuit if only for Broward County? Jay Jambeck replied that based on his analysis it would have a legal effect as far as the legal issues are involved in Delray Beach, however, the City or persons living within the City would have to move for an injunction to prevent the Department from proceeding in Delray th Beach. It would not be something self-execution from the 4 District Court of Appeal. At this point, Mayor Schmidt announced the presence of the staff from the Department of Agriculture. The Mayor noted that Mr. Meyer had already made a presentation regarding the Citrus Canker issue in Tallahassee last week, but encouraged everyone to ask any questions they may have concern eradication. Commissioner Bill Schwartz responded that after reading all the back-up materials and publications on a very controversial issue, he found it very difficult to be supportive of the 1900-foot eradication policy. In concluding, Commissioner Schwartz strongly encouraged the City to move forward with this issue. Mayor David Schmidt noted that the Citrus Canker item was being considered for discussion on Wednesday by the Palm Beach League of Cities Board of Directors. He added that the League's Executive Director had invited him to speak on this issue if he so desired. Mayor Schmidt questioned if the City Attorneys had discussed this issue with the City of Boca Raton, in, perhaps, joining Delray Beach in this lawsuit. Assistant Attorney Jay Jambeck replied that the City of Boca Raton wanted to wait and see how this issue developed in their municipality. Commissioner Pat Archer felt that although a presentation had already been made in Tallahassee, she urged Commission to have a short presentation at the meeting so the public could be equally informed. Consequently, Mayor Schmidt invited representatives from the Department of Agriculture to give a brief overview on citrus canker. Mr. Mark Fagen, Spokesperson for the Citrus Canker Eradication Program, presented some maps to demonstrate how the disease had spread through Miami/Dade into Broward County, and into Palm Beach, in the last 5 years, which he left for City review, along with a copy of Judge Bartow's decision. He explained the first find was near Cormorant Road, and the current find in Delray Shores. Mr. Fagen discussed the importance of Palm Beach -2- Minutes of 03-12-01 County to the citrus growing district. Palm Beach County has over 10,000 acres of citrus production. Although many people question the validity of the science, Mr. Fagen stated that this science had been published in Federal Pathology magazines in the February edition. He also talked about the importance of immediately cutting the exposed trees down. During the three months of not cutting trees in Miami/Dade/Broward quarantined area, 1,500 previously exposed trees are now positive to citrus canker, therefore, making more 1900-foot arcs. What the department has found this past year in Palm Beach County that the spread of canker has been by lawn maintenance or landscapers and not a natural spread. At this time they are not sure how the spread occurred in Delray Shores. The decontamination process is extremely important and they are encouraging everyone to spread that information, and they are willing to do a "Town Hall Meeting" to educate as many people as possible on decontamination. Mayor Schmidt asked Barry Silver, Attorney for the homeowners about filing a Stay in the 4th District Court of Appeal today. He responded that indeed he would be filing an action on behalf of many people in Delray, and he believes the support from the City would be helpful in that regard. The problem is that the Department says they could have a "Town Hall Meeting", by the time the meeting would take place there wouldn't be any trees left in this whole area. The problem is that each person is required to pay $250 in order to have the privilege of appearing before the Department of Agriculture in order to protect their trees. Many of the people do not have the funds available therefore, they are trying to get one hearing for all the people especially since many people have had their trees cut down without any notice. They are not challenging the eradication program, all they want is to have a hearing on this subject since many of them have not had a hearing at all and their trees are already gone. He felt coordination of all efforts would be beneficial. Mr. Jack Haire, questioned the 1900-foot eradication policy and Dr. Gottwald's study. He indicated that a meeting was held with only citrus members, no-one from the public was invited, after 23 months only preliminary data has been provided and the final study is not scheduled to be published until 2002. What Judge Fleet said was his forum was not the best place to address the science, however, what he did say was "all things considered that the plaintiffs case was probably stronger than the Department of Agriculture's". That says a lot as the science was discussed in detail. It was also brought up in the court that that canker bacteria cannot be eradicated it can not be stopped. They have also yet to give a cost analysis sturdy on what this eradication is going to cost vs. straying. He believes the quarantine is going to go on forever and eradication is not going to work. Assistant City Attorney, Jay Jambeck, clarified about the standards used by Judge Fleet in determining the validity of the science. He explained that Judge Fleet used the Competent Substantial Evidence standard, but that standard was being challenged by the Broward Plaintiffs on appeal. In addition, Assistant Attorney Jambeck said that the Broward Plaintiffs had some arguments that the standard was improper. In concluding, Mr. Jambeck said that it was not an entirely clear issue. City Manager David Harden commented that he witnessed the freeze in the late 80' s, in Central Florida and the impact of the Citrus Industry in that area. Rural counties, that had anywhere from 30% to 50% of their tax roll producing citrus groves, and something happens to -3- Minutes of 03-12-01 wipe that industry and it has a great economical impact. People were concemed about the effect on their homes and losing trees; however, Mr. Harden pointed out that the impact on the communities, which rely on the citrus for a livelihood is much greater. He also feels that litigation has facilitated the spread of the disease. In conclusion he thinks that something needs to be done to help folks in getting trees replanted, at the appropriate time, however, he had strong reservations about the City's involvement in this case. Commissioner Schwartz moved that we file the proposed complaint, seconded by Commissioner Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. Prior to the vote, the Commission had the following discussion. Commissioner Pat Archer pointed out that the older community was particularly affected by the removal of the citrus trees. She explained that these neighborhoods could easily be on the borderline situation between properties increases and decreases. The removal of a substantial amount of tree canopy could seriously affect property values, and also affect air conditioning and electrical costs. Mrs. Archer pointed out that this could have a serious impact on older communities and our residents that can ill afford these additional costs. The City of Delray Beach should be looking for ways to secure grants for tree replacements, and have an awareness of what a quarantine period is for replacement of the citrus trees. She further added that it could be done as a twofold approach: one for the immediate replacement of tree canopy; and one, down the road, for replacement of citrus trees. Mrs. Archer expressed her concern of a greater spread if prompt actions were delayed, but that she was also concerned about violating the citizens' rights. She emphasized that time was of the essence in whatever action the City decides to take. Commissioner Perlman suggested that in addition to the complaint, the City of Delray Beach should pursue a countywide ordinance for decontamination efforts. Mr. Perlman further said that should the City not succeed in court, they should look for additional compensation. After the vote, Attorney Susan Ruby asked the City Commission for direction as to whether the City of Delray Beach should contact other cities. Mayor Schmidt replied that now that Commission had made a decision, staff should contact the City of Boca Raton. He noted that he would seek support from the Palm Beach County League of Cities. City Attorney Susan Ruby then asked if the City was to file on its own behalf, or if the City was to intervene in the lawsuit of the Delray Shores and the Rainberry's residents to the extent they are permitted to intervene. Due to the time frame involved, Mrs. Ruby suggested that the City file a separate lawsuit, and then seek the support from other municipalities. Later, City Staff could seek the Commission's authorization to ask other cities to join in the petition for the stay. 8:30 a.m. There being no further business, Mayor Schmidt adjourned the Special Meeting at -4- Minutes of 03-12-01 Acting City Clerk ATTEST: MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the City Commission Special Meeting held on March 12, 2001, which minutes were formally approved and adopted by the City Commission on Acting 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. S/city clerk/minutes 2001/01-03-12 Special Meeting -5- Minutes of 03-12-01 FEBRUARY 20, 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 20, 2001. 1. Roll call showed: prayer. e Present - Commissioner McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz Mayor David W. Schmidt Absent - Commissioner Patricia Archer Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby Father Donald Munroe with St. Vincent FetTer Church delivered the opening The Pledge of Allegiance to the flag of the United States of America was given. Agenda Approval. Mayor Schmidt noted the addition of Item 9.K., Appointment to the Tennis Facilities Task Team and Item 9.L., Settlement Offer/Sullivan vs. City to the Regular Agenda by addendum. In addition, Mayor Schmidt moved Item 9.J., Award of Bid to C.K. Loekshop (Second Low Bidder) of the Regular Agenda to Item 9.A.A. Mr. Perlman moved to approve the agenda as amended, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. Approval of Minutes: None. 6. Proclamations: 6.A. Calling for a Special Election to be held on March 13, 2001, on the Library referendum question. Mayor Schmidt presented a proclamation regarding the Special Election on Tuesday, March 13, 2001, between the hours of 7:00 a.m. and 7:00 p.m. He stated that the issue 02/20/01 reward. However, he feels what better way to reward the extra effort put forth by so many dedicated people then to submit their accomplishments in a nationwide competition for further validation and endorsement. Mr. Alperin feels that winning the award in 1993 did more for our City then anyone could imagine. He presented the Commission with details of the application and asked for support from the Commission and the citizens of Delray Beach. 7.D. Delray Beach Housing Authority - Award of Appreciation for City Support at Carver Estates Mayor Schmidt noted that on February 16, 2001 the Delray Beach Housing Authority gave the City an award in appreciation for the City's support of the improvement efforts at Carver Estates. The City Manager stated that at the ribbon cutting ceremony of February 16th, a number of City employees were recognized. The City Manager commended Nancy Davila, City Horticulturist, who did the design work, and also recognized the Police officers assigned there, as well as some employees of the Delray Beach Housing Authority. 8oAo CONSENT AGENDA: City Manager Recommends Approval. APPROVAL OF POLL WORKERS FOR MUNICIPAL SPECIAL ELECTION: Approval of the poll workers for the municipal special election on March 13, 2001. 8.B. KLASFELD v. CITY OF DELRAY BEACH: Accept the actual cost of nuisance abatement liens in the amount of $464.00 for CRA acquired property located along West Atlantic Avenue. 8.C. ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR ROYAL PALM DRIVE: Approve and accept a right-of-way deed for Royal Palm Drive associated with Amelung Manufacturing, Inc. 8.D. RATIFICATION OF OLD SCHOOL SQUARE BOARD OF DIRECTORS: Ratify the list of appointees to the Old School Square Board of Directors as of January 16, 2001. 8.E. TEMPORARY USE PERMIT/SOUTH FLORIDA PARENTING: Approve a temporary use permit for the closure of a portion of NE 1 sst Avenue between the CRA parking lot entrances for a Family Block Party at Old School Square presented by South Florida Parenting on March 24th and 25th between 10:00 a.m. and 5:00 p.m. 8.F. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. CANCELLATION OF BID AWARD AND APPROVAL OF CONTRACT/ LUIS CINTRON'S LAWN SERVICE INC.: Approve the cancellation of award of bid to Kim's Florida Garden and award to second low bidder, Luis Cintron's Lawn Service Inc. for landscape maintenance - South Federal Highway and Congress Avenue at an estimated annual cost of $17,589.00. Funding is available from 119-4144-572-46.40 (Beautification Maintenance). -3- 02/20/01 8.H. RESOLUTION NO. 16-01: Approve a resolution for action necessary for the emergency board-up of an unsafe structure located at 213-215 SE 9th Street. The caption of Resolution No. 16-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution 16-01 is on file in the City Clerk's Office.) 8.I. RESOLUTION NO. 17-01: Approve a resolution for action necessary to abate nuisances on fifteen (15) properties throughout the City. The caption of Resolution No. 17-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A -4- 02/20/01 g.J. LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 17-01 is on file in the City Clerk's office.) REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 5th through February 12, 2001. 8.K. LETTER OF INTENT/FLORIDA TELEPORT: Approve a Letter of Intent with Florida Teleport, a new communication company. They are interested in obtaining a nonexclusive franchise agreement. 8.to AWARD OF BIDS AND CONTRACTS: Purchase award in the amount of $18,650.00 to FireCo, Inc. for the purchase of a termal imaging camera with funding in the amount of $16,000.00 from 115-0000-248-64.00 (Special Projects Fund) and $2,650.00 from 001-2315-526-64.90 (Other Machinery/Equipment). e Bid award in the amount of $999,489.89 to Florida Blacktop, Inc. for the 2000 Roadway Bond Programs - NW Area Infrastructure Improvement Project. Funding in the amount of $481,231.89 from 370-3162-541-65.44 (2000 Roadway Bond Program), $200,418.00 from 448-5461-538-65.51 (Storm Water Utility Fund), and $317,840.00 from 442-5178-536-65.51 (Water & Sewer Repair & Replacement). J Various bid awards for vehicle replacement from Florida Sheriff Association Contract, as specified in Attachment "B" and from the State of Florida Contract, as specified in Attachment "C" in the backup. Funding is available from 501-3312-591-64.20 (Central Garage/Automotive) in the amount of $854,135.00. J Award contract in the amount of $66,500.00 to Dr. Randall Wolff, M.D., to provide Clinical Services to the City, funding is available in various department budgets. Commissioner Schwartz moved to approve the Consent Agenda, seconded by Commissioner Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. e REGULAR AGENDA: -5- 02/20/01 9.A.A. AWARD OF BID TO C.K. LOCKSHOP (SECOND LOW BIDDER): Consider an award of bid to C.K. Lockshop & Security (second low bidder) for the upgrade of video security and electronic control systems for the Police Department in the amount of $34,980.00. Funding is available from 334-6112-519-63.22 (General Construction Fund). The City Manager stated the City had a system that was installed when the building was built and the City had to move it when the communications center was moved in order to install the new radio system in the old center. Staff is recommending award to second low bidder as they feel C.K. Lockshop have the best understanding of the requirements, and are better able to successfully complete the job in a timely manner. During their review with our staff of the requirements and concerns with the current system, they had a better understanding of our needs, concerns and requirements. The City has also established a good relationship with C.K. Lockshop and staff feels they are more than capable of successfully completing the project. Commissioner Perlman moved to approve the award of bid to C.K. Lockshop & Security (second low bidder) for the upgrade of video security and electronic control systems for the Police Department in the amount of $34,980, seconded by Commissioner Schwartz. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 9.A. MUSEUM OF LIFESTYLE & FASHION HISTORY, INC., GRANT: Direction concerning grant in the amount of $5,000.00 to the Museum of Lifestyle & Fashion History, Inc. The City Manager stated that the Commission previously approved a grant to the museum contingent on the Community Redevelopment Agency (CRA) also approving a grant in the amount of $5,000. Unbeknownst to the City, the CRA had recently adopted a policy limiting charitable organization contributions to $1,000. The City Manager stated due to the cancellation of the Corporate Games, the City could transfer $5,000 from that event to the Museum of Lifestyle & Fashion History, Inc. as a grant. Lori Durante, Director-Curator of the Museum of Lifestyle & Fashion History, Inc., stated the $1,000 grant is a new standard grant that the CRA offers towards non-profit organizations for their programs and events. However, Ms. Durante stated that one could still apply for a grant as it relates to redevelopment, construction, and site plan. After the CRA approved the $1,000, Ms. Durante stated that they enthusiastically expressed support of granting additional money to fund that area of the Museum of Lifestyle & Fashion History. Commissioner Perlman moved to approve the grant in the amount of $5,000 to the Museum of Lifestyle & Fashion History, Inc., seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 9.B. APPEAL OF HISTORIC PRESERVATION BOARD DECISION/PATRICK LYNCH RESIDENCE: Consider an appeal of Historic Preservation Board decision regarding the Patrick Lynch residence located at the northwest comer of A1A and Nassau Street. QUASI-JUDICIAL PROCEEDING -6- 02/20/01 Mayor Schmidt asked the Commission to disclose any ex parte contacts. At this point, Mayor Schmidt entered into the record a letter dated November 2, 2000 from Cathy Appleton before the appeal was filed but it did relate to this application. In addition, Mayor Schmidt noted he received a letter dated February 14, 2001 from the Beach Property Owners' Association (BPOA). Mayor Schmidt disclosed for the record that he represented Mr. Lynch approximately a year ago in some litigation and clarified that at this time Mr. Lynch is not a client. Mayor Schmidt stated he and Nancy E. Stroud, attorney, who is representing the appellants, have acted as co-counsel on a few matters. Commissioner Schwartz commented that he received a call from Mr. Lynch, which he discussed at great lengths as to why he felt that the appeal should be positive. Commissioner McCarthy stated that she received telephone calls from neighbors who are concerned with parking issues, along with calls from Mr. Patrick Lynch and Mr. Weiner. Commissioner Perlman stated that he had a telephone conversation with Mr. Weiner, counsel to Mr. Lynch, had a phone conversation several months ago with Dr. Appleton as well as receiving the February 14, 2001 letter from the Beach Property Owners' Association (BPOA). At this point, Mr. Schwartz stated he forgot to mention previously that Mr. Weiner also called. Mayor Schmidt stated that he too spoke to Mr. Lynch, Mr. Weiner, and Ms. Stroud. For the interest of the public, Mayor Schmidt announced there are four issues which have been four issues raised on appeals and these will be the only issues that testimony will be taken for this evening. Mayor Schmidt announced that the four actions regarding this appeal are as follows: 1. Approval of internal adjustments to allow a reduction in the distance between residential buildings from the required 19'11" to 4'6", 19'2" to 9', and 16' to 12'6". 2. Approval of a Class II site plan modification for the Patrick Lynch residence, subject to certain conditions. 3. Approval of the Landscape Plan for the Patrick Lynch residence as amended to add landscaped trees between the buildings and in the courtyards. e Approval of the elevations for the Patrick Lynch residence. The City Attorney stated this item would be conducted as quasi-judicial hearing that allows for presentations by all involved parties, the admission of documents into the record -7- 02/20/01 and public testimony. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. The City Attorney noted that the order of the proceedings this evening will be as follows: (1) Planning Director will make a presentation, (2) appellant or the appellant's representative will make a presentation, (3) property owner, and (4) any citizens wishing to speak. Paul Dorling, Planning Director, stated that the development proposal that is being appealed includes the construction of a 2na floor addition on the guest house (north building) and conversion of the structure from an illegally converted duplex to a single family dwelling; construction of a one story addition on the main house (south building); construction of a pool and deck on the east side of the property; construction of a 3'-4' high masonry wall on the south and east sides of the property; and, installation of associated landscaping. Also included with the proposal was a variance request to reduce the front and side setbacks and an internal adjustment to allow a reduction in the separation required between residential buildings, which are internal to the site. At its meeting of January 17, 2001, the Historic Preservation Board approved the Class II site plan modification, variance, internal adjustment, landscape plan and design elements associated with Certificate of Appropriateness-428. City staff and the applicant offered testimony, which supported the development proposal. There was public testimony in opposition to the request. The objections mainly related to the number of units on the property, the variance request, the adequacy of parking, and the proposed separation between buildings. With respect to the number of units, it was alleged at one time that there were four units existing on this site. The development is now converting the duplex into a single family home that will result in three units, which is permissible under the current zoning district. With respect to the parking, this parking lot now provides five spaces. Seven parking spaces are required with three units. However, this was an existing situation which goes back to 1994 where a COA was issued before the conversion of the unit from a garage to a single family unit at which time there were two parking spaces for the two units in the garage. It was acknowledged with the conversion the installation of a five space parking lot would in fact make the parking more conforming and that is why it was approved this way. The internal adjustments were discussed at length by the Board who felt that the reduction in building separation would not diminish the practical application of the separation requirement and that a superior product would result. With respect to the two reductions, one of the factors in their deliberation was that this was for an open-air porch and balcony and did not involve actual enclosed floor area. Overall, it was the Board's consensus that the proposed modifications are in keeping with the existing style of the historic structures located on the property as well as the scale of neighboring structures. Therefore, the proposed design elements and elevations are in compliance with the Land Development Regulation requirements of Section 4.6.16, Section 4.6.18 and Section 4.5.1. -8- 02/20/01 At this point, Mr. Dorling entered into the record the Planning and Zoning project file #2001-20 and an aerial drawing as an exhibit. For the record, the City Attorney announced to the appellant that Mr. Weiner who is representing Mr. Lynch did enter into the record two letters. One letter objecting to whether the appellant had standing, another letter objecting to the timeliness of the appeal. Nancy Stroud, Esq. representing the appellants Dr. Cathy Appleton, Mr. Bud Siddall, and Mr. & Mrs. Andrew Katz, stated that this property is on the comer of Nassau Street and Ocean Boulevard or A-1-A. Nassau Street district extends down A-1-A west down the hill. Ms. Stroud stated she believes this property was reviewed in terms of Ocean Boulevard and not in terms of Nassau Street. Fran Katz, 220 S. Ocean Boulevard, thanked the Commission for the opportunity to address them on the topic of the landscape plan for 226 S. Ocean Boulevard. Ms. Katz noted that she was unable to present her concerns with the landscape plan for 226 S. Ocean Boulevard at the Historic Preservation Board meeting of January 17, 2001. She stated the public comments were curtailed and she was not able to give her 3-minute presentation. She presented the proposed landscape plan to the City Commission and distributed photographs of Coconut Palms, which overlap her property line and roof. At this point, Ms. Katz entered the landscape plan and photographs into the record. To soften the appearance of the landscaping, Ms. Katz suggested that one coconut palm or a smaller variety of trees be planted in the northeast comer of Mr. Lynch's property. Ms. Katz reiterated that she did not have the opportunity to present her concerns with the landscape plan at the HPB meeting of January 17, 2001, and urged the Commission to amend the proposed landscape plan. Andy Katz, 220 S. Ocean Boulevard, stated that the amount of square footage of green space on the property shows the reduction from current status to the proposed status of only 932 square feet. In actuality, the amount of green space being taken away is 1900 square feet. The location in the design of the air conditioning and trash enclosure was not fully addressed. Specifically no air conditioning units are shown for that north building. Currently, there is a unit there and an additional unit is going to be needed. Mr. Katz informed the Commission that this was never brought up in the discussion with the Historic Preservation Board and in addition, details on the trash enclosure was not brought out. Mr. Katz informed the Commission that the landscape plan his wife handed out to them is the amended plan. There is a mention to matching a fence to an existing fence but stated there is no fence to match along that north line. The site plan of the property showed a masonry wall continuing from the proposed masonry wall along A-1-A and making a left turn along the north part of the property, the height of that fence is approximately 6 feet tall. He stated there would be a masonry wall along the north/south line of A-1-A to a wooded fence extending a third of the way east to west. -9- 02/20/01 Another issue concerning Mr. Katz is the internal adjustment issue. It is not only that an internal adjustment for the spacing between the properties is being given but the degree of the adjustment is very severe because the formula for the required separation between those two buildings scales with the height of the building. Mr. Katz stated by allowing a significant increase in the height of the building forces the requirement between the two buildings to 20 feet (give or take a few inches). Mr. Katz stated that Mr. Lynch was fully aware of the restrictions when he purchased the property. In addition, after converting the garage into an apartment in which he received retroactive approval for, Mr. Lynch signed a Declaration of Unity of Title dated and recorded in the month of August 1994, which states this property, cannot be subdivided. Mr. Katz entered the Unity of Title into the record. In conclusion, Mr. Katz urged the Commission not to approve this development proposal by allowing this in the historic district. Dr. Cathy Appleton, thanked the Commission for allowing her the opportunity to address her concerns related to the development project under appeal. She entered Dr. Donald Curl and Dr. Norton's testimony into the record. She urged the Commission to disapprove this development project and uphold the request from the community that the City preserves Delray's history. Bud Siddall, appellant and resident of 1127 Nassau Street, discussed and expressed concerns over the following three items: (1) history of the development of the property, (2) the intensity of its use, and (3) desire of the community to preserve the historical integrity of the dwellings. Michael Weiner, attorney representing Mr. Lynch, noted that he noticed the appellant came here this evening saying they were going to challenge the LDR's and the Comprehensive Plan. Mr. Weiner stated that there was not one mention of the Comprehensive Plan so he must assume that the appellant decided that it did meet the terms of the Comprehensive Plan and therefore, let the entire issue fail. Mr. Weiner entered a binder into the record and reviewed four successful motions before the Historic Preservation Board on the residence that is owned by Mr. Lynch. Mr. Weiner stated this is being done in accordance with Section 2.4.7(E) of the LDR's. He noted on page four of the Historic Preservation Board Report it references "The required variances meet the required basis provided in Section 4.5. l(J), regarding the preservation of historic character and the adaptive reuse of the property." Furthermore, Mr. Weiner gave a brief overview of the Historic Preservation Board's approval of a Class II site plan modification, internal adjustment, landscape plan and design elements associated with the Patrick Lynch residence. At this point, Mr. Weiner entered into the record the credentials of Mr. Roger Cope, Architect and agent for Patrick Lynch. Roger Cope, Architect and agent for Patrick Lynch, stated that this a 2-½ story -10- 02/20/01 house; the ½ story is nothing more than reclaiming attic space by creating a 300 square foot office. A critical component of the internal adjustment in the very fact that there are open air existing walls that encompass a patio that is original to the 1935 home. He stated they would be diminishing the historical significance of the property if in fact the wall were moved. He stated this space is being conditioned by putting a roof on it, etc. The entire purpose of this is to make the main historical house on the property more livable. He stated this property is an anchor into the 3-block long historic district of Nassau Park. This is a 0.41 acre piece of property and Mr. Cope stated it is appropriate in terms of the size of the property. Mr. Lynch will be making this his primary residence. Whether this is viewed from an A-1-A perspective or a Nassau Street perspective, Mr. Cope stated that this is a 2-½ story structure that is in fact along the north edge of the property. In terms of a massing, Mr. Cope feels this is not out of the ordinary and is compatible with the rest of the 2-story homes on Nassau Street. Mr. Schwartz asked for the definition of a "cottage". Mr. Cope explained that in his perspective this deals with the materials and the fact that they are trying to take the least historic structure of the three and blend it in with the resort cottage style of architecture that the two 1930's structures have while using other components. He reiterated that he thinks the three buildings and the dynamic they create between themselves and how they sit on a site defines the meaning of cottage. Michael Weiner, stated that the Historic Preservation Board made four motions. (site plan, landscape plan, and elevations) pursuant to minutes. Mr. Weiner stated that HPB mentioned particular LDR's that they themselves found positive findings on. For example, Mr. Weiner made reference to Section 4.16.18 (tab #8 of the binder) and stated that HPB made approximately five different references to the word harmony. Second, Mr. Weiner made reference to Section 4.5.1 (tab #9 of the binder) and stated that there are no less than 15 mentions of compatibility. Mr. Weiner pointed out to the Commission that the members appointed to HPB are professionals in landscape architecture/architecture and feels they are experts in the field. Mr. Weiner reiterated that all the reports state that these particular resolutions met all the standards of the LDR's. Under the Coastal Management element in the Comprehensive Plan Mr. Weiner explained that it states that the City has a Historic Preservation ordinance which is administered by the Historic Preservation Board. That ordinance requires an issuance of a Certificate of Appropriateness. In conclusion, Mr. Weiner announced that since there is nothing found in the testimony that states the Historic Preservation Board in any way made a mistake, the Commission is therefore required by law to vote in favor of this particular appeal. Suzanne L. Barley, 1119 Nassau Street, who has lived at this residence for 61 years, stated her home is one of 15 historic homes built between the years of 1935-1940. Ms. Barley stated many of the owners have added more living space without changing the look, size, style or character of his or her home. In 1992, after much protest by the residents of Nassau Street, Ms. Barley stated that one of the main criteria in the historic district was that the buildings would be compatible in height with the existing buildings. The pile drivings the City permitted in order to erect such large structures caused damage to homes on Ocean Terrace, Bay and Nassau Street. Ms. Barley stated damage caused to her home was in excess of $70,000. The Historic Preservation has approved an oversized structure on the northwest corner of Nassau Street and A-1-A. With regard to the wall, Ms. Barley stated that the City already has what the -11- 02/20/01 City permits as far as height at the northeast comer of Nassau Street and Gleason Street which is 3 feet graduating to 4 feet high. She feels that what is being proposed for Mr. Lynch's property will be far more dangerous because no one will be able to see in either direction to go out onto A-1-A. She also expressed concerns regarding flooding on Nassau Street whenever there is heavy rain. In conclusion, she reiterated and urged the Commission to keep historic architecture and protect the existing homes from further damage. Kevin Warner, 248 Venetian Drive and representing the Beach Property Owners Association, echoed Mr. Weiner's comments and noted that Section 4.5.1(E) of the LDR's have numerous references to height restrictions, size limitations, etc. Mr. Warner stated that ruling by law is something the Commission needs to keep in mind and read the following from Objective A.10 of the Comprehensive Plan: "The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood." Mr. Warner stated that it is his observation based upon the petition submitted and testimony given this evening that the majority of the community strongly opposes this project. Mr. Warner stated that Mr. Lynch has broken the law regarding the renovations he has done on his property and feels this is a sole attempt to increase the financial interest in his property. Mr. Warner made a reference to page 9 of the HPB Staff Report (Assessment and Conclusion section) where it explains that the additional square footage will provide an improved product while the proposed pool will allow for additional amenities to the residents. Mr. Warner stated he does not feel that is a benefit staff should have relied upon for suggesting that the Commission approve. John Bennett, President of PROD, stated that he attended the Historic Preservation Board meeting of January 17, 2001, and feels that the public comment was curtailed. Mr. Bennett feels that some of the HPB members under estimated their own authority to deny demolition (reference: Section 4.5.1(F) of the LDR's). Cynthia Junghans, 200 S. Ocean Boulevard, strongly opposes HPB's approval of this project and feels it will change the character of Nassau Street and A-1-A. She feels this is extremely unfair to the citizens of Delray Beach and commented that Mayor Schmidt is not fully listening to the citizens. She also feels this project is a fire hazard. Ms. Junghans stated that if Mr. Lynch is willing to sell the property, she does not foresee a problem with someone purchasing the property in order to keep it in its current condition. In conclusion, she encouraged the Commission to take into consideration all comments and concerns expressed by citizens this evening. At this point, Mayor Schmidt clarified that he has not terminated anyone from speaking because of time. There were four specific points raised regarding the appeal and he has tried to limit the testimonies to those four points. Mayor Schmidt inquired about the landscaping plan and the addition of trees -12- 02/20/01 between the building and the courtyard. Michelle E. Hoyland, Planner, stated this was a condition of approval made by the HPB and the area to be added is to mitigate the elevations between the courtyard of the pool and the building itself in front of the existing wall that is going to be enclosed. Ms. McCarthy questioned the drawings of the landscaping on the north side and inquired as to whether or not there is additional landscaping on Mr. & Mrs. Katz's property. There are some sea grapes along the southern wall and some landscaping on the southeast comer. Upon question from Ms. McCarthy, Ms. Katz stated the type of tree is so large already encroaching on her property. Ms. Stroud, Esq., stated there is too much to really mitigate the landscaping. Mr. Katz stated that the trees are all low bushes. Ms. McCarthy stated she is confused about this property due to the fact that it has an A-1-A South Ocean Boulevard address and asked for clarification regarding whether the property is part of the historic district. In response to Ms. McCarthy's concern, Mr. Dorling, Planning Director explained that this property is indeed part of the historic district. With regard to the ingress and egress, Ms. McCarthy asked for clarification regarding the ingress and egress off Nassau Street and whether or not this has always been like this because of the amount of traffic on South Ocean Boulevard. For clarification, Mr. Dorling stated the property has an A-1-A address because it has frontage on A-1-A. According to City Code, you take the two sides and the side that is the higher of the two is considered the higher classified street and therefore becomes its frontage. Therefore, Mr. Dorling explained the property is addressed off A- 1-A. Mr. Perlman stated there seems to be a discrepancy regarding the amount of green space. Ms. Hoyland stated there was a typo on the plans that will be clarified with the site plan certification. In addition, Mr. Perlman inquired as to whether the Fire Department report has been entered into the record and asked if Mr. Weiner could explain the significance of the Declaration of the Unity of Title. Mayor Schmidt stated he believes the Fire Department report has not been entered into the record. Mr. Weiner stated at this point he would object to the Fire Department report being entered into the record. Mr. Weiner stated he did respond to this by noting that there would be no punctures in those particular walls. Mayor Schmidt stated that he would enter the report into the record as evidence. Originally, Mr. Weiner stated that this was reviewed by the Fire Department. Mr. Weiner reiterated that we do not have in the record what the testimony was before the HPB, but it feels it is safe to assume that HPB accounted for this in taking into consideration these particular matters. Mr. Weiner stated he does not feel that the testimony in any way will harm the decisions made by the HPB. With regard to the Declaration of the Unity of Title, Mr. Weiner explained that the land cannot be subdivided but it does not mean that the land cannot be rented. Furthermore, Mr. Weiner stated it could be a rental situation and does not necessarily mean that it has to be subdivided and sold as townhomes. -13- 02/20/01 Mayor Schmidt stated he would like to add an additional comment to Mr. Weiner's statement by explaining that a Unity of Title is not permanent as it was alluded to this evening. The document that was entered into evidence states on it that the City can release it. Mayor Schmidt asked a procedural question regarding imposing conditions and possibly making a change to LDR Section 2.4.7(E) in any way as it relates to this appeal. Mayor Schmidt asked the City Attorney if the City chooses to uphold the appeal would it be possible to change any of the conditions that were imposed by the Historic Preservation Board? With regards to Section 2.4.7(E) of the LDR's, the City Attorney stated and it is her understanding that the intent of this section would allow for this type of condition. In reference to this proposal, Ms. McCarthy asked if they are changing a percentage of the existing structure to the degree that it would no longer be able to maintain the historic preservation designation? In response, Ms. Stroud, stated that when looking at changes to historic properties (adding or deleting) one must look at whether or not it is going to change the character of the property, the height and compatibility. Ms. Stroud noted that there is no percentage involved. Mr. Weiner stated there could be some confusion because with the fact that when something bums down and is destroyed by more than 50% then it is considered a non- conforming use. He stated none of the City's ordinances have any kind of percentages on what must remain of a particular historic structure. Although the City does not have a percentage, Mr. Dorling stated it is important to note that the northern structure is not historic because it was built in 1963 but it is within the district. Ms. Stroud stated that the City Code states contributing and non-contributing structures and feels the structure has to be evaluated. Mr. Schwartz moved to grant the appeal of the Historic Preservation Board, seconded by Mr. Perlman (for discussion). Upon roll call the Commission voted as follows: Mayor Schmidt - No; Mr. Perlman - No; Mr. Schwartz - Yes; Ms. McCarthy - No. Said motion failed by a 3 to 1 vote. Prior to the vote, the following discussion ensued. Mayor Schmidt stated that contrary to a few comments made this evening, the City's Code and LDR's, clearly anticipates that you can have additions to existing property as well as development in the historic areas. He stated that the reason for the HPB is to have experts in that area review those processes and feels confident to rely on the them. He stated there is no evidence that addresses the LDR's and stated he has reviewed the plans and feels what Mr. Lynch proposes to do will enhance the area. Mayor Schmidt stated he would not support the motion. -14- 02/20/01 Mr. Schwartz stated the citizens have spoken loud and clear and feel this is evident by the number of petitioners that the surrounding neighborhoods are opposed to Mr. Lynch's proposal. As it stands right now, Mr. Schwartz stated this is a non-conforming use and does not have the correct setbacks. He does not believe it is proper to compound a non- conforming use by compounding it with further increasing a non-conforming usage because he does not see it as a benefit to the City or the neighbors surrounding this particular location. Mr. Schwartz stated his interpretation of a cottage is not a 2-½ story building and feels the appeal should be supported. Ms. McCarthy stated she is here to represent everyone and her perception of a cottage is a little different from that of Commissioner Schwartz because she grew up in a 2-story cottage and confirmed that the zoning for this property is RM (Multiple Family Residential - Medium Density). Ms. McCarthy expressed concerns over comments made be a few citizens this evening about landscaping being to large and creating a hazard along A-1-A. Ms. McCarthy stated she cannot speak against this project when referring to the what this property is zoned for, where they are going with this, and what the City has to work with. However, she would like to get direction on how she can address her other two concerns as mentioned above. Mayor Schmidt stated that if the motion to approve the appeal were passed, then this would put this at an end. If the Commission votes against the appeal, then another motion could be made and the conditions can be changed. At this point, Ms. McCarthy inquired about the wall. Mr. Dorling stated that the wall was a part of the Class II site plan modification and it involves a combination of 3 feet and 4 feet. The 3 feet (at intersection of Nassau Street and A-I-A) is provided at the 40' triangle, which is required to be at a height no higher than 3 feet by the LDR requirements. Mr. Doffing stated that in the LDR's it states that 3 feet is an adequate height to provide visibility in that 40- foot triangle. Mayor Schmidt asked if the LDR's allows the City to reduce the height. In response, Mr. Doffing stated that is possible that the height restriction be reduced through a waiver process. Mayor Schrnidt inquired as to whether the City could impose this as one of the conditions. The City Attorney stated that if the developer would agree to a certain condition then it would be acceptable. For example, the City Attorney suggested that an acceptable condition would be that the Commission defers this to the City Engineer to conclude that if there has to be a lesser height to eliminate any site distance problem that may occur because of a curve. Mr. Weiner stated if this is the case then he is willing to accept the condition. Mr. Perlman echoed Mr. Schwartz's comments about representing the citizens and making everyone happy. However, Mr. Perlman feels the LDR's and the Comprehensive Plan meets the criteria as staff has advised as well as the experts on the HPB. Ms. McCarthy moved to deny the appeal and uphold the Historic Preservation Board's decision and all conditions they imposed, with the additional conditions (1) a change in the landscape plan so abutting foliage is either low enough or high enough as not to obscure or intrude on their northern neighboring line as determined by Nancy Davila, City Horticulturist, and (2) recommend they go back to the City Engineer regarding the 3 foot high 40' triangle to insure someones view onto A-1-A is not obscured when sitting in a car (site specific), seconded -15- 02/20/01 by Mr. Schwartz. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 14-01: A resolution providing for the certification and adoption of the final assessment roll for the Pineapple Grove Entrance Special Assessment District. Prior to consideration of passage of this Resolution on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 14-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE FINAL ASSESSMENT ROLL FOR THE PINEAPPLE GROVE ENTRANCE SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES BORDERING ON N.E. 2ND AVENUE FROM ATLANTIC AVENUE NORTH TO THE FIRST ALLEY INTERSECTION, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR THE ASSESSMENT AMOUNT AS TO EACH PROPERTY; PROVIDING FOR THE METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 14-01 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission, the public hearing was closed. Ms. McCarthy moved to adopt Resolution No. 14-01 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 6-01 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Sections 4.4.13(G) and 4.4.24(G) by modifying the one time one space parking reduction within the Central Business District and the Old School Square Historic Arts District. Prior to consideration of passage of this ordinance on Second Reading, a second public hearing has been scheduled to be held at this time. -16- 02/20/01 The City Manager presented Ordinance No. 6-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.28, "CENRAL BUSINESS DISTRICT- RAILROAD CORRIDOR (CBD-RC)", SUBSECTION 4.4.28(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY MODIFYING THE ONE TIME ONE SPACE PARKING REDUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 6-01 is on file in the City Clerk's office.) The City Attomey read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission, the public hearing was closed. Mr. Schwartz moved to adopt Ordinance No. 6-01 on Second Reading and Second Public Hearing, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 15-01: An ordinance designating the Water House located at 916 and 918 N.E. 5th Street as a local historic site and adding it to the Local Register of Historic Places. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 15-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE WATER HOUSE LOCATED AT 916 AND 918 NORTHEAST 5TM STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, -17- 02/20/01 AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 15-01 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 10.1). .RESOLUTION NO. 15-01: A resolution authorizing the sale of City-owned property (Lot 10, Block 10, A-----~a~ Gardens) located at 237 SW 11t" Avenue as part of the City's Renaissance Program. Prior to consideration of passage of this resolution on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 15-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, FLORIDA, WHICH PROPERTY IS LOCATED AT LOT 10, BLOCK 10, ATLANTIC GARDENS, AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY OF DELRAY BEACH AND ADAM L. AND MARY BROWN ROBINSON. (The official copy of Resolution No. 15-01 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Lula Butler, Director of Community Improvement, stated that this item is before the Commission to allow the City to complete the sale of a piece of property that the City purchased from the Delray Beach Housing Authority (DBHA) to provide the opportunity for a first time homebuyer to become a new homeowner. This particular family has been residents of the DBHA for ten years and the City will be moving them into their own single family home. Ms. Butler stated that this is made possible through the HOPE 3 revolving loan fund in which the -18- 02/20/01 City generated over $400,000 from selling ten homes over the last four years. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission, the public hearing was closed. Mr. Schwartz moved to adopt Resolution No. 15-01 on Second and Final Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 11. COMMENT AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING THE PUBLIC HEARINGS. ll.A. City Manager's response to prior public comments and inquiries. In response to a prior comment made by Ms. Zimmerman as to whether or not the City was recognizing and complying with the water shortage restrictions, the City Manager stated that for areas less than five acres in size they are being watered between the hours of 4:00 a.m. and 8:00 a.m. two days a week while areas larger than five acres are allowed to be watered from midnight until 8:00 a.m. two days a week. Regarding Ms. Zimmerman's specific comment regarding the green grass at Veteran's Park, the City Manager stated that the City had to replace a large portion of the sod at Veteran's Park because of damage from various events. He further explained that when new sod is planted you can water it more frequently while it is getting established. The City Manager stated that there is a different schedule that golf courses use for complying with the water shortage. He emphasized that golf courses are not exempt from adhering to the water restrictions. In response to Mr. Franciosa's comments concerning the City's building permit process, the City Manager explained that a permit expires after six months from the date of the last inspection. If the contractor who obtained the permit fails to call for a final inspection, there is a $50 no final inspection fee assessed to complete the permit. Due to the heavy volume of permits it may be several months after the 180 day period before staff sends out a notice to both the owner and the contractor advising of the expired permit. In some instances, the contractor may no longer be in the area and unfortunately the responsibility falls to the owner. However, it is the owner's responsibility to make sure the contractor they hired does the job properly by obtaining all final inspections. Regarding Mr. Franciosa's prior comment concerning whether the Police had responded to two reports regarding a suspicious person in the Tropic Isle area, the City Manager stated that the first call was a suspicious person received at 2:18 p.m. The Police dispatched the unit at 2:20 p.m. and the officer arrived at 2:21 p.m. The second call was also a suspicious person received and dispatched at 2:26 p.m. and the officer arrived at 2:31 p.m. The City Manager feels there is no problem with the way the Police Department responded to the call. -19- 02/20/01 In response to Mr. Bennett's inquiry regarding the salvage agreement, the City Manager stated the City entered into this agreement on March 23, 2000. The City Manager explained that the properties involved were all rights-of-ways to the intracoastal and the City entered into the agreement with Donald Anderson & Associates. Mr. Anderson felt that there may be something of considerable value in the right-of-way and while exploring found some very large rocks with a high iron content. Therefore, the City did not get anything out of this and would have only if Mr. Anderson found something of value. The City Manager stated that Mr. Anderson was closely monitored by the City with a City crew who helped do the digging and a number of other City personnel on hand to observe the entire operation. In addition, the City Manager stated that the previous test bore was also observed by City staff. ll.B. From the Public. ll.B.1. Richard Van Gemert, 912 Eve Street, speaking on behalf of the Tropic Isle Civic Association, again asked if it was the City Manager's intent to use Coastal Planning and Engineering as the source for the final survey that the City has to perform on the Tropic Isle canal dredging project? If that is the intent, Mr. Van Gemert reiterated his request to have the City meet with representatives from Tropic Isle in order to select some other firm that would be more suitable and more agreeable to all parties. Upon question from Mr. Van Gemert, the City Manager stated that he did consult with the City Attorney regarding this issue and the requirement to hire Coastal Planning and Engineering is in the settlement agreement and can only be changed by the court. The City Manager clarified that the settlement agreement specifies that the final survey will be done by Coastal Planning and Engineering. ll.B.2. John Bennett, 137 Seabreeze Avenue, President of Progressive Residents of Delray (P.R.O.D.), complimented the entire personnel in the City Clerk's office for their work efforts and stated that one day in particular he observed Susan Maloney, Administrative Assistant, assisting a customer who was trying to obtain a copy of a death certificate. He stated Susan went above and beyond her duties to assist the customer with a problem that was really a County issue and feels she deserves recognition for exemplifying outstanding customer service. ll.B.3. Gerald Franciosa, 939 Eve Street, on behalf of the Tropic Isle Civic Association, noted that at the Commission meeting of February 6, 2001, Ms. Zimmerman spoke under the non-agenda portion of the agenda about the proposed changes to the City Charter which was an item on the agenda and asked for clarification regarding this matter. Regarding the outcome of the Police situation in Tropic Isle, Mr. Franciosa stated he received a phone call from people about someone walking around the neighborhood. He stated that these people called the Police and received no response. Mr. Franciosa stated he would like to know whom the Police responded to. Mr. Franciosa stated he does not feel safe in the community because of the lack of police officers. He feels that the reason there are so many vacancies in the Police Department is -20- 02/20/01 because the requirements for a police officer in Delray are too stringent. He stated that since there are so many personnel problems within the Police Department, the City should form a Citizen Advisory Committee and conduct a nationwide search for police officers and a Police Chief. He urged the City to look into this immediately before Chief Overman decides to retire. 9.C. WAIVER REQUEST TO REDUCE OPEN SPACE REQUIREMENT/BLOCK 69 MUNICIPAL PARKING GARAGE: Consider a request to waive LDR Section 4.4.13(F)(2) to reduce the required 10% open space to 8.3% open space for the Block 69 Municipal Parking Garage, proposed to be located on the west side of SE 1st Avenue, approximately 250 feet south of East Atlantic Avenue. QUASI-JUDICIAL PROCEEDING Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. The City Attorney stated this item would be conducted as a quasi-judicial hearing, which allows for presentations, by all involved parties, the admission of documents into the record and public testimony. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Principal Planner, entered into the record the Planning and Zoning Department's project file #2000-287 and a listing of pertinent documents. Paul Dorling, Planning Director, explained that this is a waiver request to reduce the open space requirement from 10% to 8.3%, which would result in a reduction of 333 square feet of open space. This reduction is requested in connection with construction of 207 space municipal parking garage on Block 69. The request of reduction accommodates undulations in the facade as well as provision of hard scape features. The provision of these features results in a facade, which is more compatible with the surrounding neighborhood which, is one of the directives of the Historic Preservation Board. It is noted that it appears that a more institutional parking garage facade would provide 10% open space. However, Mr. Dorling stated that this would make it less compatible with the surrounding neighborhood. At its meeting of January 17, 2001, the Historic Preservation Board approved a site plan request for the Municipal Parking Garage on Block 69. In addition, the Board recommended approval of an associated waiver request to reduce the open space requirement. In conjunction with review of the development requests, the Board held a public hearing. While there were comments regarding the mass and scale of the building, only one member from the public voiced concerns that the reduction in open space did not meet the required findings for the granting of a waiver. The Board voted 7-0 to recommend approval of the waiver request based upon positive findings pursuant to LDR Section 2.4.7(B)(5). Mr. Dorling stated that staff recommends that the City Commission approve the waiver to LDR Section 4.4.13(F)(2) to reduce the required 10% open space to 8.3% open space -21- O2/2O/O 1 for the Block 69 Municipal Parking Garage based upon positive findings pursuant to LDR Section 2.4.7(B)(5). Michael Weiner, speaking on behalf of Block 77 group/applicant, stated that for the record this is pursuant to a waiver of Section 4.4.13(F)(2) as to open space. The required 10% open space is being reduced to 8.3% open space. Mr. Weiner stated this is being done under the waiver procedures that are in LDR Section 2.4.7 and based upon positive findings with respect to this particular provision were not only approved by the Historic Preservation Board, but are also set forth in the waiver analysis of the Planning and Zoning Staff Report. Michael Cavelli, Planner, entered his Resume into the record and defined opened space. Richard Orman, Professor of Public Administration at Barry University, entered his Resume into the record and stated that hc would like to testify to the prior conditions that one needs to find in order to grant a waiver for open space. Mr. Orman stated that by granting this waiver would not adversely affect the neighborhood area. With the facade that has been developed, Mr. Orman feels it substantially improves the look of the parking garage and enhances the neighboring area rather than detracting from it. Secondly, Mr. Orman explained that this is a safe structure in terms of the way this parking garage is designed and meets most of the conditions that would be found in terms of crime prevention to environmental design standards. Mr. Orman stated that it is not unusual to make this sort of grant of waiver for open space particularly where architectural features are added to make the facility much more attractive in meeting the design standards and criteria that are expected in these historic districts. He feels it is truly important to have parking structures in historic preservation areas in the context of downtown redevelopment. Furthermore, Mr. Orman stated that by creating an attractive landscaping environment would help to attract pedestrians to this area rather then them just walking past this development. He feels this will help to add significantly to the quality of the environment in its immediate vicinity. At this point, the City Attorney opened the floor for the public who wished to speak in favor of the waiver or in opposition of the waiver. John Bennett, 137 Seabreeze Avenue, expressed concern about the argument expressed regarding "counting this strip but not being able to count". He stated he has not been a local supporter of this project but at the same time he supports the waiver. There being no one else who, having been duly swom, wished to address the Commission, the public hearing was closed. At this point, Mr. Weiner stated he is available to answer any questions or concerns of the Commission. Commissioner McCarthy inquired about the landscape plan and the foliage. In response, Mr. Weiner stated that there is a landscape plan and foliage. In addition, Mr. Weiner -22- 02/20/01 stated there are all kinds of things being done with the texture of the buildings in terms of varying all four sides. Mr. Schwartz moved to approve the waiver to LDR Section 4.4.13(F)(2) to reduce the required 10% open space to 8.3% open space for the Block 69 Municipal Parking Garage based upon positive findings pursuant to LDR Section 2.4.7(B)(5), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.D. APPEAL OF HISTORIC PRESERVATION BOARD DECISION/RECTORY PARK SITE PLAN MODIFICATION: Consider an appeal of Historic Preservation Board decision regarding Rectory Park Apartments. QUASI-JUDICIAL PROCEEDING Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. The City Attorney stated this item would be conducted as a quasi-judicial hearing, which allows for presentations, by all involved parties, the admission of documents into the record and public testimony. Barbara Garito, Acting City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Principal Planner, entered into the record the Planning and Zoning Department's project file #2001-54 on this project and a listing of pertinent documents. On February 7, 2001, the Historic Preservation Board considered a Class I1 Site Plan Modification to approve Rectory Park site plan recently approved on June 3, 1998. The proposed site plan modification involves changing the layout of the parking lot. The proposal is to reconfigure the parking spaces in front of the Historic Rectory building and eliminate spaces on the south side of the new 3-story building. Overall the modifications result in a loss of 6 on- site parking spaces. The elimination of these parking spaces will allow the developer to increase the landscaping on the site, including the addition of a garden area on the south side of the new building. Extensive landscaping has become a signature trademark of this developer and has been welcomed by the city in the otherwise highly paved downtown area. To offset the loss of parking, a Unity of Title has been recorded incorporating an off-site parking lot (west of the development) with 14 additional spaces into the project. Pursuant to LDR Section 4.6.9(E)(4) Off-Site Parking, parking requirements may be provided off-site, within 300' as measured along an acceptable pedestrian route. Although there is no code requirement that there be a direct vehicular connection to the off-site parking, the Historic Preservation Board feels that this condition was unacceptable for the project since it would require going around the block to access the parking lot. The Board suggested relocating the dumpster and removing another space if necessary to provide vehicular access to the off-site lot. -23- 02/20/01 The Board was also concemed about the lack of a mm around area at Atlantic Avenue (northwest comer of site) which could be utilized when the parking lot is full. It is noted that this was a condition of the original site plan approval and should have been indicated on the plan. Staff recommended approval of the site plan modification to the Historic Preservation Board. It should be noted that many buildings in the downtown area have little or no private parking. This is a normal condition in an urban setting where public parking is available. The developer is attempting to create a unique environment for this mixed-use project with extensive landscaping, gardens and unique architecture. The inconvenience of the disjointed parking lots is the trade off. If the connection to the alleyway to the south is reopened to access the parking lot, it is likely to generate additional through traffic. The portion of the alleyway, which ran through the site, was originally abandoned so that a strong pedestrian relationship could be maintained between the buildings of the project and through-traffic could be eliminated. Mr. Dorling stated that staff continues to support the request for the modifications. Steve Cohen, Attorney for Rectory Park, stated that as Mr. Dorling explained we they had a meeting with staff since the HPB meeting in an effort to try to resolve the outstanding concerns. In terms of the traffic flow, Mr. Cohen stated concerns were voiced in working with staff before they designed the layout of the building. The City's LDR's require that the building be placed directly on the corner of the property where Swinton Avenue and Atlantic Avenue meet. The design in the traffic flow was a concern. In terms of the one space, it was not on the site plan that was approved. Mr. Cohen stated that they are still willing to eliminate that space and make it a turn around space. During a meeting with City staff last Friday, Mr. Cohen stated he expressed willingness and a commitment that he would add a condition to leases with commercial retail tenants on the ground floor. In other words, Mr. Cohen stated they would require the employees of those tenants to use the parking lot immediately to the west of the rectory building. In addition, the residential tenants who are upstairs as well as customers of the downstairs commercial retail space unit owners would be provided with remote control activators to raise the gates to allow them egress and ingress in and out of the parking lot. Mr. Cohen stated that by having these parking spaces in an east/west direction they can back up to the south and leave that space for turn around and then they could pull forward straight onto Swinton Avenue. Mr. Cohen feels this is a practical solution to meeting everyone's concerns. Mayor Schmidt inquired as to whether Mr. Cohen has signed any leases. Upon question from Mayor Schmidt, Mr. Cohen stated that they have signed a lease with a hair salon prior to this issue coming up. There are rules and regulations for the tenants and it makes it very clear in the lease that those rules and regulations are subject to change by the landlord. He stated he is more than willing to give the City a form lease that shows the provisions in the lease. In terms of the replat issue, Mr. Cohen stated the City agreed that the application be submitted for the replat as a condition to obtaining a Certificate of Appropriateness (COA) and to his understanding the City has revised that as a condition of the approval prior to the HPB meeting. -24- 02/20/01 As for the landscaping, Mr. Cohen will work with Nancy Davila in an attempt to eliminate four spaces and replace those spaces with landscaping. Michelle Balfort, Agent for the Rectory Park Project, stated that originally they were supposed to have 26 spaces and came in at 35 spaces. Regarding some of the concerns they had at the HPB had at the last meeting, Ms. Balfoort stated that they have dropped off two additional spaces (one for the turn around space and one for a better pedestrian access). Ms. Balfort stated they have now reduced the number of parking spaces from 33 spaces to 26 spaces. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Perlman moved to approve the appeal of the Historic Preservation Board action regarding Rectory Park site plan modification, keeping all the conditions as listed on page three of the HPB Staff Report, adding one (1) the addition of the employee parking restriction in the parking lot referred to by Mr. Cohen and contained in the lease, (a copy will be provided to the City), (2) strip a parking space to create a larger turn around, and (3) provide a pedestrian access that is acceptable to the Planning and Zoning Department, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 0.go REQUEST FOR EXTENSION OF TEMPORARY CERTIFICATE OF OCCUPANCY/LAKEVIEW BAPTIST CHURCH: Consider a request to allow the extension request for a temporary certificate of occupancy for Lakeview Baptist Church to allow the use of the fellowship hall and classroom, prior to construction of the stabilized sod parking area and improvement to the south parking area. Paul Dorling, Planning Director, stated that at its meeting of August 17, 1999, the City Commission approved a request for a temporary certificate of occupancy for 18 months (until February 17, 2001) for Lakeview Baptist Church to allow use of the fellowship hall and classroom addition prior to construction of a required stabilized sod parking lot and associated improvements. The church is requesting that the temporary certificate of occupancy be given an additional 18 months before they have to install the stabilized sod parking lot. While the church's seating capacity is currently at 375 persons, the congregation has decreased since the expansions were approved and additional funding is needed to construct the improvement. In the meantime the paved 93 parking spaces appear to be adequate to handle the current needs of the congregation. Commissioner Schwartz moved to approve the extension request for a temporary certificate of occupancy for an additional 18 months (until August 17, 2002) for Lakeview Baptist Church to allow the use of the fellowship hall and classroom, prior to construction of the stabilized sod parking area and improvement to the south parking area, seconded by Commissioner McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. -25- 02/20/01 9.F. REQUEST TO ALLOW A TEMPORARY OFFICE FACILITY AT SHERWOOD PONTIAC: Consider a request to allow a temporary office facility at Sherwood Pontiac, located on the west side of South Federal Highway, south of Linton Boulevard. Paul Dorling, Planning Director, stated this request is in conjunction with a development proposal for the Sherwood Pontiac development, which includes demolishing the existing showroom/offices and service write-up building in order to construct a new showroom/office and write-up building, associated parking and landscaping. Permits for temporary modular buildings are not included within the list of allowable temporary uses provided in LDR Section 2.4.6(H)(1), therefore approval of a waiver to allow this use from the City Commission is required. Mr. Dorling stated the required findings of LDR Section 2.4.7(B)(5) are made in the Planning and Zoning staff report. Commissioner Perlman moved to approve the request for a temporary use permit for the placement of two modular buildings to allow temporary sales office and service facilities on the Sherwood Pontiac Dealership property, subject to the conditions as set forth in the Planning and Zoning staff report, seconded by Commissioner McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 0.G. SPECIAL EVENT REQUEST FOR WALGREEN'S RED RIBBON RIDE: Consider approval of the temporary use permit for the use of Anchor Park site and building for the Walgreen's Red Ribbon Ride on April 1, 2001. Commissioner McCarthy moved to approve the temporary use permit for the use of Anchor Park site and building for the Walgreen's Red Ribbon Ride on April 1, 2001 from 6:00 a.m. to 10:30 a.m., and approval of staff support for traffic control, barricade, and trash container set up and removed, and contingent on the event sponsor providing a certificate of insurance, hold harmless agreement and payment of overtime, if needed, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, Ms. McCarthy requested an update regarding special events. Ms. McCarthy stated she would schedule an appointment with Mr. Barcinski to discuss this matter. 9.H. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) members to the Education Board to fill unexpired terms ending July 31, 2002. The appointments will be made by Commissioner Archer (Seat #2) and Commissioner Schwartz (Seat #3). Prior to the vote, Commissioner Perlman stated another resignation will be forthcoming and cautioned the Commission that in the future when making an appointment to this board, individuals applying to this board need to be made aware of how frequently the meetings are and the high volume in terms of workload that comes along with being a member of this board. Mr. Perlman suggested that the Commission look at possibly restructuring the workload of this board. -26- 02/20/01 Commissioner McCarthy moved to appoint William Heller as a regular member to the Education Board to fill an unexpired term ending July 31, 2002, seconded by Commissioner Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. Commissioner Schwartz moved to appoint Mimi Shapiro as a regular member to the Education Board to fill an unexpired term ending July 31, 2002, seconded by Commissioner Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 0.I. RELOCATION OF THE REGULAR CITY COMMISSION MEETING OF MARCH 6, 2001: Consider moving the Regular City Commission Meeting of March 6, 2001 to another location due to the Citrix Tournament. The City Manager announced that Citrix expects to have some big name players on Tuesday evening and are expecting a larger crowd. The matches will begin earlier then they have in the past and parking is limited during the event. Since Veteran's Park is not available, the City Manager suggested moving the Regular City Commission Meeting of March 6, 2001 to Pompey Park Recreation Center. It was the consensus of the Commission to relocate the Regular City Commission Meeting of March 6, 2001 to Pompey Park Recreation Center located at 1101 N.W. 2na Street, Delray Beach. 0.J. THIS ITEM HAS BEEN MOVED TO ITEM 9.A.A. 9.K. APPOINTMENT TO THE TENNIS FACILITIES TASK TEAM: Amend Resolution No. 3-01 and appoint an additional member to the Tennis Facilities Task Team representing the business community as recommended by the Chamber of Commerce. Mayor Schmidt stated he wished to appoint Thomas E. Lynch as an additional member to the Tennis Facilities Task Team representing the business community as recommended by the Chamber of Commerce. Mr. Schwartz so moved, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.L. SETTLEMENT OFFER/SULLIVAN vs. CITY: Consider the acceptance of a settlement offer in Sullivan vs. City, in the amount of $80,000.00. The City Attorney stated that this case could go to trial and explained this case involved an automobile accident and the plaintiff had previous neck surgery so it involves claims of pre-existing injuries. Mr. Sullivan's wife is also alleging a loss of consortium claim. The City Attorney stated when there are two claims or more the limit is $200,000. There was an offer of judgment filed in this case in the amount of $100,000 in which the City Commission denied. -27- 02/20/01 The City Attorney stated that medical expenses in this case are approximately $38,000, future medical expenses are approximately $10,000-$20,000 and loss wages are approximately $10,000. At this point, the City Attorney noted that if the plaintiff receives $125,000 or more, the City would have to pay their attorney's fees as part of the offer of judgment that the City Commission rejected. Mr. Schwartz moved to approve the settlement offer in Sullivan vs. City in the amount of $80,000, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. As was mentioned in the Invocation, the City Manager announced that Alison MacGregor Harty, City Clerk, is gravely ill and encouraged everyone to keep her in their prayers. With regard to the water main break that occurred over the weekend, the City is in the process of figuring out who will be paying for all this. The City Manager stated that the Construction Company (Mueller Construction) was not supposed to be working over the weekend. The City Manager stated that there are issues about whether the Utility Locator properly located the water main. The City Manager stated that the boil water area was reduced considerably and there is further notice given to those people that are still being required to boil water. The City Manager explained that there was a 24-inch main and a 10-inch main and Mueller Construction hit that connection. In addition, the City Manager stated that Mueller Construction is arguing that the connection was never located to the line that ran north and south connecting these two east/west lines. The City Manager informed the Commission that for the past two years the Environmental Services staff has been testing the clarifier and filter operations at the Water Treatment Plant to determine whether the City could increase the capacity of the plant through modifying the operation without decreasing the water quality. The testing has now been completed for both the clarifier and the filter operations and the tests indicate the plant treatment capacity can be increased from 25.2 million gallons per day to 30 million gallons per day through modified operation with no capital improvement. On the basis of the test results, the City is preparing a submittal to the Department of Environmental Protection for a permit modification to recognize the additional treatment capacity. -28- 02/20/01 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Perlman stated that in the near future the Delray Soccer League would be approaching the Commission about the issue of space because it is baseball season. Although it is no longer soccer season, the Delray Soccer League has over 200 children in a brazilian soccer program with a world renowned coach and a lot of children are squeezed onto Miller Field. Mr. Perlman reiterated that the current issue is space and the long-term issue is that the Delray Soccer League will be asking for a dedicated soccer facility. He urged the Commission to contemplate a plan for them within Miller Field. Commissioner Perlman feels that the City needs to implement a policy regarding grants and suggested that something be worked out during the budget process so organizations do not come to the City mid-year for grants. Commissioner Perlman expressed his sadness over Alison MacGregor Harty's condition and stated he has known her and her family for numerous years. Furthermore, Mr. Perlman urged the Commission for support for the sake of her family. 13.C.2. Commissioner McCarthy echoed comments made by Commissioner Perlman about Mrs. Harry's illness and feel she has always been a warm and compassionate person. Ms. McCarthy suggested that something be done for Alison MacGregor Harty's family to help them get through this difficult situation. In regards to the recent South Florida Rainbow Tennis Classic Tournament, Ms. McCarthy stated that the tennis competition was a great success. The players were pleased that they had the opportunity to be in Delray Beach and are looking forward to holding another toumament next year. 13.C.3. Commissioner Schwartz Commissioner Schwartz had no comments or inquiries. 13.C.4. Mayor Schmidt Mayor Schmidt had no comments or inquiries. There being no further business, Mayor Schmidt declared the meeting adjourned at 10:15 p.m. -29- 02/20/01 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting held on February 20, 2001, 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. -30- 02/20/01 CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - MARCH 20, 2001 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 5. APPROVAL OF MINUTES · Regular Meeting o£Fcbruary 20, 2001 · Special Meeting of March 12, 2001 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. MARCH 20, 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:05 p.m., Tuesday, March 20, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. Due to the absence of Reverend Dan Casselberry, the City Manager delivered the opening prayer. 0 w The Pledge of Allegiance to the flag of the United States of America was given. Agenda Approval. Mayor Schmidt stated Carolyn Zimmerman has requested an additional presentation and consequently noted the addition of Item 7.A.A., Recognition to Commissioner Bill Schwartz. Mayor Schmidt noted the addition of the Minutes for the Regular Meeting of 'February 20, 2001, and the Special Meeting of March 12, 2001, by addendum. Mayor Schmidt requested that Item 8.E., Pineapple Grove Brick Paver Sidewalk Agreement/Myers be pulled from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. because of a conflict of interest. The City Attorney requested that Item 12.B., Ordinance No. 21-01 be removed for modification. Mr. Perlman moved to approve the agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 03/20/01 5. APPROVAL OF MINUTES: With regard to the minutes of the Regular Meeting of February 20, 2001, Mayor Schmidt noted that for Item 9.C., Waiver Request to Reduce Open Space Requirement /Block 69 Municipal Parking Garage and Item 9.D., Appeal of Historic Preservation Board Decision/Rectory Park Site Plan Modification (both Quasi-Judicial Hearings) it states: "Mayor Schmidt asked the Commission to disclose any ex parte contacts." Mayor Schmidt stated words need to be added directly following this statement to read: "No ex parte contacts were noted." Ms. McCarthy moved to approve the Minutes of the Regular Meeting of February 20, 2001 as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt noted a correction to page four of the Minutes of the Special Meeting of March 12, 2001 and stated Mr. Jack Haire from the public was allowed to speak prior to the vote on this item and the minutes should reflect his comments. Mr. Schwartz moved to approve the Minutes of the Special Meeting of March 12, 2001 as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Abstain; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. o PROCLAMATIONS: 6oAo Recognizing and commending County Commissioner Mary McCarty Mayor Schmidt read and presented a proclamation to County Commissioner Mary McCarty for her dedicated service and continuous commitment to Delray Beach and Palm Beach County. Ms. McCarty came forward to accept the proclamation and stated she is deeply honored 'to have the opportunity to serve Delray Beach. In addition, Ms. McCarty congratulated Commissioner Schwartz on a wonderful term in public office. 6°a. Recognizing April 15tb - April 22, 2001, as Days of Remembrance Mayor Schmidt read a proclamation proclaiming the week of April 15-22, 2001, as "Days of Remembrance" in Delray Beach, Florida, in memory of the victims of the Holocaust, and in honor of the survivors as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Delray Beach, should strive to overcome intolerance and indifference -2- 03/20/01 through learning and remembrance. 6oC. Recognizing May 20th - May 26, 2001 as National Public Works Week Mayor Schmidt read a proclamation recognizing May 20-26, 2001 as National Public Works Week in Delray Beach, Florida, and urge all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety comfort and quality of life. Robert A. Barcinski, Assistant City Manager, came forward to accept the proclamation. e PRESENTATIONS: 7.A.A. Recognition to Commissioner Bill Schwartz Carolyn Zimmerman, resident of Delray Beach, presented Commissioner Bill Schwartz with a "Good Job Done Award" for making good decisions for Delray Beach by using good common sense. 7oAo Annual Financial Report - Ernst & Young Joseph Safford, Finance Director, stated for the last ten years he has had the pleasure of having an association with Paul Bremer with Ernst & Young who has done an excellent job with conducting audits of the City. Mr. Bremer has recently retired and a new parmer is now in charge. Mr. Safford stated the production of the financial report takes approximately four months to complete. He explained it is quite a task to have audit teams in the Finance Department for a period of four months while at the same time trying to conduct day-to-day business. John Vodenicker, representing Ernst & Young, presented the Annual Financial Report for the fiscal year ending September 30, 2000. Mr. Vodenicker stated the financial audit went extremely well this year and the Finance Department was very cooperative in helping get the audit completed in a timely manner. Mr. Vodenicker read the following paragraph from page one of the Financial Section of the City of Delray Beach, Florida Comprehensive Annual Financial Report for fiscal year ended September 30, 2000: The Honorable Mayor and City Commission City of Delray Beach, Florida -3- 03/20/01 "In our opinion, based on our audit and the reports of other auditors, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the City of Delray Beach, Florida, as of September 30, 2000 and the results of its operations and the cash flows of its proprietary fund types for the year then ended, in conformity with accounting principles generally accepted in the United States." In addition, Mr. Vodenicker stated there are also reports, which are issued on the City's your Federal and State programs. In the case of the City's Federal programs, Ernst and Young did not find any non-compliance matters that need to be reported and also regarding the internal accounting control, there were no reportable conditions or material weaknesses. Regarding the State programs, Ernst & Young was able to issue a clean opinion on the audit, which is very positive. Mr. Vodenicker highlighted some of the results from the General Fund located on page nine of the audit. Mr. Vodenicker stated the City collected $52,186,913 (actual) and budgeted $50,070,520. This is a favorable budget variance because the City collected $2,116,393 more than the amount budgeted. Under the expenditure categories, the City expended $47,510,948 and actual appropriated $47,529,498 as its actual. Again, Mr. Vodenicker stated this is a favorable budget variance because the City did not exceed its budget of $18,550. Under the last line of the budget category, Mr. Vodenicker stated the City was anticipating expending approximately $284,478 more than what the City had been receiving. Under the "Actual" column, Mr. Vodenicker explained that the City added $2,066,740 to the City's fund balance rather than taking it away so it was a very positive year from a perspective of the budget for the General Fund. This caused the fund balance to go up from $13,102,292 to $15,135,329. If you compare that between 1999 and 2000 the total fund balance (which includes reserved and restricted fund balance amounts) represents 31.9 % of the City's total expenditures for the year. Last year was 29.2% so the City had a favorable increase in the amount of fund balance. The unreserved that is available fund balance ended the year at 19% versus last year at 15.4%. Mr. Vodenicker feels the City of Delray Beach is moving towards a very strong unreserved fund balance. Mr. Vodenicker made reference to the smaller report and stated that on page two it shows the major sources of revenues and there have been some very favorable increases over the last five years in total revenues going from $45,000,000 to $55,000,000. On page four, it shows the expenditures that the City has incurred over the last five years. Mr. Vodenicker stated the City has been able to maintain a very favorable increase. On page four, the reason for the decrease in the general fund is because there was a lawsuit last year regarding a right-of-way that caused this to go up slightly but is now back down to where it has been over the five year period. -4- 03/20/01 On page five, Mr. Vodenicker stated that the Water & Sewer Fund had very favorable results. Mr. Vodenicker stated that the City purchased meter replacement program and incurred $1.8 million in operating costs which caused the net income to actual be a net loss for this fiscal year. Mr. Vodenicker stated even with that, in general, the City has a very strong debt service coverage ratio that the City is able to cover its debt service. Overall, the City has had very favorable and positive increases in the revenues and the City has been able to keep the revenues ahead of the expenditures. Included in the booklet is the management letter from Ernst & Young which management is required to review and respond to these comments. Mr. Vodenicker stated Ernst & Young has reviewed the responses from management and concurs with each one of their responses. Mayor Schmidt thanked Mr. Vodenicker for his presentation and for preparing the smaller booklet this year. Mayor Schmidt stated he found this booklet to be extremely helpful. In addition, Mayor Schmidt thanked Mr. Safford and his entire staff in the Finance Department along with the City Manager and Department Heads for all their hard work and effort that goes into the preparation of the Comprehensive Annual Financial Report. 7.B. Sister Cities Committee and the Delray Art League - Sister Cities International "Young Artist Exhibit 2001" - "Impressions of The Fruits of World Peace" Mayor Schmidt announced the winning entries and presented Certificates of Achievement to the following individuals: Sister Cities Intemational Young Artist Competition 2001: MIDDLE SCHOOL HONORABLE MENTION Jason LeGunn American Heritage School 3ra PLACE Maria Elvira Vera American Heritage School 2nd PLACE Rachel Talasko Unity School 1 st Place Mary Ann Sandy American Heritage School -5- 03/20/01 HIGH SCHOOL Honorable Mention Ashley Ford Atlantic Community High School 3ra Place Quinn Russell American Heritage School 2n~! Place Kelley Park Atlantic Community High School 1st PLACE & OVERALL WINNER Kevin Wetmoreland American Heritage School CONSENT AGENDA: City Manager Recommends Approval. 8.A. WATERWAY VILLAGE DEVELOPER'S AGREEMENT: Approval of the agreement between che City and the developer of Waterway Village. This development is proposed to be located south of Lindell Boulevard and between Dixie Highway and Federal Highway. 8.B. ACCEPTANCE OF EASEMENT DEED: Approve and accept an easement deed granting to the City the means to install and maintain a water main along the east side of a vacant lot on Douglas Avenue. 8.C. ACCEPTANCE OF EASEMENT DEED: Approve and accept an easement deed which allows an electrical connection for lighting to the parking lot located at the comer of NE 3ra Avenue and NE 12th Street. 8oD. PINEAPPLE GROVE BRICK PAVER SIDEWALK AGREEMENTS AND EASEMENTS: Approve the standard agreement and easement deed to allow brick paver sidewalk construction and future maintenance in Pineapple Grove. 8,g. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.F. AGREEMENT FOR SIDEWALK IMPROVEMENTS/DALE E. POPIK: -6- 03/20/01 Approve an agreement between the City and Dale E. Popik to allow the deferral of sidewalk improvements within the Cypress Drive right-of-way immediately abutting 964 Cypress Drive, Tropic Isle until such time as the City requests the sidewalk to be constructed. a,G. AGREEMENT FOR SIDEWALK IMPROVEMENTS/GERSON BAITEL: Approve an agreement between the City and Gerson Baitel to allow the deferral of sidewalk improvements within the SE 9th Street right-of-way immediately abutting 714 SE 9th Street, Rio Del Ray Shores Subdivision until such time as the City requests the sidewalk to be constructed. MODIFICATIONS TO DEP CONTRACT FOR FUNDING RELATING TO THE YEAR 2001 BEACH NOURISHMENT PROJECT: Approve the modifications to Florida Department of Environmental Protection (DEP) contract #99PB2 for the state's cost sharing of the upcoming Beach Nourishment Project. 8.1." RESOLUTION NO. 25-01: Approve Resolution No. 25-01 requesting the United States Army Corps of Engineers to implement an emergency deviation from the Water Conservation Area #1 (WCA #1) regulation schedule to 11.00 feet NGVD during the South Florida Water Management District declared water shortage. The caption of Resolution No. 25-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE UNITED STATES ARMY CORPS OF ENGINEERS TO IMPLEMENT AN EMERGENCY DEVIATION FOR THE WATER CONSERVATION AREA NUMBER ONE TO 11 FEET NGVD DURING THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT DECLARED WATER SHORTAGE; DIRECTING THE CITY CLERK TO PROVIDE COPIES; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 25-01 is on file in the City Clerk's office.) 8.J. RESOLUTION NO. 26-01: Approve Resolution No. 26-01 opposing all Legislative Initiative which would eliminate or diminish authority of Local Governments to amortize billboards along "any" highway system. The caption of Resolution No. 26-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING ALL LEGISLATIVE INITIATIVES WHICH WOULD ELIMINATE -7- 03/20/01 OR DIMINISH THE AUTHORITY OF LOCAL GOVERNMENTS TO AMORTIZE BILLBOARDS ALONG "ANY" HIGHWAY SYSTEM, THEREBY ENLARGING THE CURRENT FEDERAL MANDATE TO PAY CASH ONLY FOR THE REMOVAL OF SIGNS ALONG FEDERAL-AID PRIMARY HIGHWAY SYSTEM; SPECIFICALLY OPPOSING SECTION 26 OF PROPOSED HOUSE BILL 1053 AND ANY OTHER ATTEMPTS TO LIMIT THE LOCAL GOVERNMENT'S ABILITY TO REGULATE BILLBOARDS; PROVIDING FOR DISTRIBUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 26-01 is on file in the City Clerk's office.) 8.K., RESOLUTION NO. 28-01: Approval of a resolution authorizing the City to transfer real property located at 214 SW 5t" Avenue to allow the transfer of one lot to Habitat for Humanity of South Palm Beach County. The caption of Resolution No. 28-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED AT LOT 4, BLOCK 23, AS MORE PARTICULARLY DESCRIBED HEREIN, TO HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC. TO BE UTILIZED FOR AFFORDABLE HOUSING. (The official copy of Resolution No. 28-01 is on file in the City Clerk's office.) '8.L. AMENDMENT #1 TO THE CONTRACT WITH OMNICOM, INC.: Approval of Amendment #1 to the Omnicom contract for an amount not to exceed $20,877.50, for additional consulting fees associated with the final testing and implementation of the new 800 MHZ radio system. 8.M. SERVICE AUTHORIZATION #3/CH2M HILL, INC.: Approve Service Authorization #3 with CH2M Hill, Inc., in the amount of $39,151.00 for consulting engineering services in conjunction with updating the City's Water Supply Master Plan. Funding is available in 441-5111-536-31.90 (Water/Sewer-Other Professional Services). g.N. CONTRACT AWARD & CHANGE ORDER #1/MAN-CON, INC.: Approve -8- 03/20/01 the Contract Award in the amount of $730,337.00 and Change Order #1 in the amount of $184,047.50 for a total of $914,384.50 to Man-Con, Inc. for the Barrier Island Infrastructure Improvements. Funding is available in the amount of $346,315.00 from 370-3162-541-65.42 (Barrier Island); $13,785.00 from 441-5161-536-65.42 (Barrier Island); $63,213.00 from 442- 5178-536-65.16 (Water/Sewer Island Drive); $117,000.00 from 442-5178-536-65.52 (Island Drive/Harbor Drive); $171,115.00 from 442-5178-536-65.42 (Island Drive/Harbor Drive); $34,963.00 from 448-5461-538-6338 (Island Drive Drainage); $167,993.50 from 448-5470-538- 65.42 (Barrier Island). 8.0. STREET CLOSURE REQUEST: Approve a request to grant temporary use permit per LDR's Section 2.4.6 (H) for the closure of SE 4th Avenue from Atlantic Avenue to SE 1st Street on March 23rd from 3:30 p.m. until 8:30 p.m. for a Vintage Car Show being sponsored by the Delray Beach Public Library. 8.P. ' ' SPECIAL EVENT/EASTER SUNRISE SERVICE: Approve a request to grant temporary use permit for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar on April 15t~ from 5:30 a.m. until 7:30 a.m., for the use of the pavilion, staff support, barricading, and EMS assistance on behalf of the Delray Beach Clergy Association. 8.Q. AGREEMENT FOR TRAFFIC AND PARKING ENGINEERING SERVICES: Approve an agreement in the amount of $25,652.00 to Lawson, Noble & Webb, Inc. for traffic and parking engineering s~rvices associated with the Downtown Business District Plan. 8oR. AGREEMENT FOR MARKET ANALYSIS CONSULTANT SERVICES: Approve an agreement in the amount of $20,000.00 to Marketek, Inc., for market analysis consultant services associated with the Downtown Business District Plan. 8.So FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $17,000.00 for one (1) income .eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924- 554-83.01 (SHIP Program), representing the 120th homeownership assistance grant provided through the program to-date. 8.T. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 5th through March 16, 2001. 8.Uo AWARD OF BIDS AND CONTRACTS: Bid award for vehicle replacement from State Contract, as specified in Attachment "C", and from a local bid as specified in Attachment "D'. -9- 03/20/01 Funding is available from 501-3312-591-64.20 Garage/Automotive) in the total amount of $64,790.00. (Central Bid award to Rust Off, Inc. in the amount of $25,600.00 for anti-rust chemicals for the city irrigation system. Funding is available from 119- 4144-572-52.21 (Beautification Fund/Chemicals). Bid contract renewal for the purchase of calcium hypochlorite from Leslie's Swimming Pool Supplies and purchase of liquid chlorine from Jones Chemical via the City of Boca Raton Coop Bid #2000-046 at an estimated annual cost of $73,815.00. Funding is available from 441-5122- 536-52.21 (Water/Sewer Fund/Chemicals) for $69,090.00 and from 441- 5144-536-52.21 (Water/Sewer/Chemicals) for $4,725.00. Bid award for a new vehicle from State Contract, to Regency Dodge in the amount of $24,186.00 for a Dodge heavy-duty ~A ton pick up truck. Funding is available from 001-2315-526-64.20 (Fire Department/Automotive). Mr. Schwartz moved to approve the Consent Agenda as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 9oAo REGULAR AGENDA: 9.A.A. PINEAPPLE GROVE BRICK PAVER SIDEWALK AGREEMENT/MYERS: Approval of a Brick Paver Sidewalk Construction Agreement with owners Warren J. Myers & Patricia A. Healy-Golembe for property located at 181 N.E. 2na Avenue. Mayor Schmidt stated he has a conflict of interest with this item and stepped down. He passed the gavel to Vice-Mayor Archer. Brian Shutt, Assistant City Attorney, stated this item concerns an agreement with Mr. Myers concerning the installation of paver bricks on Pineapple Grove Way that is in the special assessment district. Mr. Shutt stated that the only reason that this agreement was different from the other agreements that the Commission previously approved on the Consent Agenda is that Mr. Myers did not want to execute an easement for the City entering onto his private property at a later date in case the City had to do maintenance on the brick pavers. In addition, there was a slight modification to the agreement where Mr. Myers requested a 2-foot offset off the front of his building because he has hurricane panels that he needs adequate room -10- 03/20/01 to install. Mr. Schwartz moved to approve the Pineapple Grove Paver Sidewalk Agreement with Warren J. Myers & Patricia A. Healy-Golembe for property located at 181 N.E. 2nd Avenue, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 0.A. ATLANTIC GROVE DEVELOPMENT/LOCAL INITIATIVES SUPPORT CORPORATION (LISC): Consider approval of the request fi.om the Developer and its non- profit partners to participation in the Department of Housing & Urban Development's Section 108 Loan Guarantee Program. Lula Butler, Director of Community Improvement, stated that at last week's Workshop meeting the Commission asked staff to consider three different directions. The first request of the Commission was to consider reviewing the preliminary pro-forma data performer for the Atlantic Grove Project to determine whether or not the development had a sufficient amount of cash flow to support a $1.5 million dollar loan. A consultant has reviewed this as well as the HUD Washington D.C. office. Based on the information that has been submitted Mrs. Butler stated it appears that the project is on sound footing. Secondly, Ms. Butler stated that she has not been able to directly speak to Michael with Langton & Associates because he is currently in Tallahassee. However, Ms. Butler checked with HUD to see if they received any other applications fi.om Langton & Associates both under the Economic Development Initiative (EDI) Competitive Grant Program or Section 108. HUD has informed Ms. Butler that they have not received any other applications at this point. Ms. Butler explained that she is requesting that the Commission allow the City to hire the consultant services of a firm that has direct experience and has been recommended by the HUD office. Ms. Butler stated the third item is on the impact on using General Revenue dollars as "additional security" to the City's bonds rating. The City Attorney stated that depending on 'the language, the City could use non-ad valorem revenues as a back up. Mayor Schmidt stated since the repayment scenario has changed, he politely asked Ms. Butler to elaborate on this issue for the benefit of the public. Ms. Butler stated that the Local Initiatives Support Corporation (LISC) submitted their proposal that puts forth several different terms of repayment and other conditions that they want the City to consider. She stated that staff is looking at using the Competitive Economic Development Initiative Grant Program as a part of the financing so that we may look at this project and give them a jump start for the first five years and use those economic development grant funds to cover the debt service to the City during that interim period. Ms. Butler stated -11- 03/20/01 HUD has given the City preliminary approval. Mr. Perlman stated before making a decision he would like to see the pro formas provided by LISC. He expressed support for the TED Center and the LISC. However, from his perspective he feels there is only a fine amount of money that the City can invest. He does not see the upside of this project and feels it is a large risk for the City. Ms. Butler requested that the Commission authorize staff to proceed with the application and then bring back to the Commission again before actually submitting the application to HUD. Ms. Butler explained that if the Commission is not comfortable with the terms, etc. they will still have the ability to say "no". Mr. Perlman inquired as to what the cost would be to prepare? In response, Ms. Butler stated that the going rate for hiring a consultant is approximately $25,000. Mr. Perlman asked how much it would cost to monitor the project? Ms. Butler stated that HUD has advised the City that we could minimize our administrative cost by using the Section 108 Guarantee funds for soft costs to the project such as property acquisition, design and permits which will not trigger Federal prevailing wage requirements. If the City uses Section 108 dollars for repayment of interest on first or second mortgages or closing costs, it will constitute financing of the construction work in whole or part and thus, would trigger Davis-Bacon wage requirements. There is a job creation responsibility that the City would be required to monitor which is a benefit to the community. Approximately 144 jobs (temporary and permanent) will be created with the project. Mr. Perlman reiterated that regardless of what it does, this project is still coming and feels the City does not need to spend this money to get it to come here to succeed. Mr. Perlman stated the City could use this as a tool to get additional projects that would create additional jobs. Mr. Perlman inquired about the rents and asked if the City has a business plan in place that says the rent will be lowered if the City decides to contribute this money? In response, Ms. Butler stated that staffhas not had any discussion with them regarding such. The City Manager stated that one of the reasons the City would like to retain the consultant because staff does not feel they have the expertise to evaluate it and we would be .taking something at face value. The consultants that have been recommended to the City by HUD understand the private sector financing very well. In addition, the City Manager stated that HUD understands the pro formas of what is realistic versus what is unrealistic. Mr. Perlman stated he feels there are numerous business professionals in this community that could probably look at this for a lot less than $25,000 and inform the City whether or not this is a good investment. Ms. McCarthy asked that when the consultant is going through its process, is it not correct that the City can keep the records? In response, Ms. Butler stated it is correct that the City can keep the records and stated someone will be learning how to complete the pro formas so that next time the City can complete them. Ms. McCarthy stated she does not question HUD's ability to inform the City as to whether or not it is valid or not. However, Ms. McCarthy asked -12- 03/20/01 why the Commission has not seen the proforma? Ms. Butler explained that she inadvertently did not attach the pro forrna to the agenda back up. Mrs. Archer reiterated Ms. McCarthy's comments and asked Ms. Butler if the City decides to approve a Section 108 Loan does she feel the City will still need to use the assistance of a consultant? In response, Ms. Butler recommended using the consultant considering this would be the first time the City has submitted an application for a Section 108 Loan. Mayor Schmidt stated he spoke with Robert Federspiel, CRA attorney, and there were some questions from other applicants regarding any potential liability there would be for the City if approved. Mayor Schmidt stated that Mr. Federspiel informed him that because of the fact that the CRA voted not to use TIF dollars to support this, he did not feel there was really any exposure for liability to the CRA because any of the applicants could have come to the City at this ~tage and make this same application. In addition, Mr. Federspiel felt there to is no advantage being offered to Atlantic Grove coming to the City as this point. Also, Mayor Schmidt stated he attended the West Atlantic Redevelopment Coalition (WARC) on Wednesday evening where they recommended that the City support this with the exception of Jimmy Weatherspoon who dissented because he felt the developer should cover all the interest payments but did support the idea of using Section 108. Mayor Schmidt feels it is very important for the City and the West Atlantic Avenue Redevelopment Plan that this developer is successful and urged the Commission to support this proposal. At this point, Mr. Perlman commented that he does want to see this project succeed. However, Mr. Perlman stated that the developer informed the Commission that this is 10% of his financing and that he would do it anyway and succeed. Mr. Perlman stated the Commission has still not seen what the developer will do with the money to make it more competitive. Ms. Butler stated the financial performer that met with staff recommended .proposed rental rates in the amount of $15.00 per square foot for commercial space and $14.00 per square foot for office space. Annetta Jenkins, Program Director for LISC, stated the pro forma that has been presented to the City is the one that is used for underwriting and it uses a rate of $14.00 per square foot for the office space and $15.00 per square foot for the retail space. Ms. Jenkins stated LISC completed a market study and the preliminary market study showed that market rents were $2-$3 higher than the amount used in the pro forma. She pointed out that reason LISC and the Community Development Corporations (CDC's) are involved is so that they could attract businesses from the surrounding community those businesses move in and be competitive. Mayor Schmidt asked Ms. Jenkins in order to cover financing costs would LISC -13- 03/20/01 have to charge market rent? In response, Ms. Jenkins stated that LISC would have to charge market rent. Mayor Schmidt stated this would be $16-$17 a square foot versus the $14-$15 per square foot. Ms. Jenkins stated $16-$17 would be minimal. Mr. Perlman stated there are other tools other than the Section 108 Loan for projects like this. He stated there are grants out there for job creation up to $2,500 per job that could be used as an inducement that would not cost the City anything other than designating the property a certain way. Ms. Jenkins stated that Commissioner Perlman is absolutely correct and there are a number of soft money sources. However, this is a question of timing, the use of the money, and where the dollars could come into the project. Those programs are generally not available for construction or acquisition or soft costs or pre-development at that particular time. The Community Development Corporations (CDC's) and the other for-profit developer are pursuing every possible avenue to write down the cost of the project. Ms. Jenkins stated there are monies from the Economic Development Administration that the TED Center is pursuing, there are County CDBG program dollars but stated they are very small amounts of money. Ms. Jenkins stated this is a $20 million project and stated that this is really an issue of timing. She reiterated that LISC is asking that staff be allowed to only pursue an application. Mr. Perlman asked Ms. Jenkins if she would proceed without the money? In response, Ms. Jenkins stated that this decision would have to be made by the parmers. Ms. Jenkins stated that the project may work with all conventional financing but would be very expensive and there would be no guarantee that the contractual terms would be met in a timely manner. Ms. Jenkins stated there would be a direct benefit to this community. For example, during construction an estimated 200 jobs will be available and approximately 144 permanent jobs will be available as a result and there are programs included within the marketing plan that will be reaching people in the immediate community to fill those jobs. Mrs. Archer moved to approve for the use of the consultant with the .understanding this would come back to the Commission for a decision on whether or not to pursue the final application with HUD or the Section 108 loan, seconded by Ms. McCarthy. Prior to the vote, discussion by the Commission followed. Mr. Schwartz stated that it appears that Mayor Schmidt made a comment that he spoke with the council for the CRA and at this point there was a question that those unsuccessful bidders could now acquire this loan. However, at the time of the bidding, Mr. Schwartz stated does not feel that they possibly did not have the knowledge that this particular loan was available to them. Also, Mr. Schwartz stated he does not feel that this builder's successful bidder was aware of this either because they did not bid subject to the loan being available to them. Mr. Schwartz stated this was not a part of their proposal at all. Secondly, Mr. Schwartz stated that we all are aware that the interest rates are dropping rapidly all over the country for residential borrowing, commercial borrowing, and construction borrowing as well. Mr. Schwartz stated -14- 03~0~1 their cost of funding is being improved on a daily basis. Mr. Schwartz stated this is a very experienced and sophisticated builder/developer and their financial expert is well versed. On the other hand, Mr. Schwartz is extremely concerned with the affect this will have on the taxpayers and he does not wish to see the City inhibit the opportunity for other builder/developers to come into our City. Mr. Schwartz stated he feels the City needs good reputable builder/developers to improve our community. Mr. Schwartz is strongly opposed to the City continually expending funds to hire consultants and experts. He feels the City has an adequate staff with great capabilities who can provide the expertise without having to pay consultants. Mr. Schwartz stated he does not feel the City should approve the loan or hire the consultant because he feels this ultimately not fair to the residents or taxpayers. First, Ms. McCarthy commented that interest rates are indeed very low in the real estate industry today. With regard to the stock market, Ms. McCarthy stated sooner or later the stocl~ market will begin to go on the up trend and by the time loan commitments are put in place, the interest rates will not be what they are today. Secondly, Ms. McCarthy stated she agrees we have an excellent staff and commented that most employees have a substantial job descriptions and have quite a lot of responsibility in order to complete the tasks they are already doing. Ms. McCarthy stated the City has someone in-house to help write additional grants so the City can obtain additional dollars. With regard to the Decade of Excellence Bond, Ms. McCarthy stated the City and citizens as a whole voted on referendum which the City approved and allocated bond money. The City formed a Community Redevelopment Agency (CRA) so that we could very proud of our City. The first part of that has been established with the downtown area, which is continually booming. Ms. McCarthy stated she does not see why some people are hesitate now to help with expanding the West Atlantic Avenue area with at least there being a proposal in place with a performer and stated jobs above minimum wage cannot be created unless the businesses are placed in the building. Ms. McCarthy stated she is concerned that the City is not put themselves in a position that if additional research is necessary, the City will be in a position to do so and urged the Commission to take advantage of this opportunity. Upon roll call the Commission voted as follows: Mr. Perlman - No; Mrs. Archer - Yes; Mr. Schwartz - No; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 3 to 2 vote. At this point, the time being 7:15 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: -15- 03/20/01 10.A. ORDINANCE NO. 19-01: An ordinance amending the Future Land Use Map from County MR-5 (Medium Density Residential 5 du/ac) to City LD (Low Density Residential 0-5 du/ac) and associated annexation with initial zoning of R-l-AAA for the Priest Property, located at the northwest corner of Barwick Road and L-31 Canal. 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. This is a quasi-judicial hearing: The City Manager presented Ordinance No. 19-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF BARWICK ROAD AND L-31 CANAL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW DENSITY, 0-5 UNITS/ACRE) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO R-I-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-01 is on file in the City Clerk's office.) The City Attorney stated all involved parties would conduct this item as a quasi- judicial hearing, which allows for presentations, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. -16- 03/20/01 Paul Dorling, Planning Director, entered into the record the Planning and Zoning Department's project file #2001-055 and project file #2001-056. Mr. Dorling explained that this is a second reading for Ordinance No. 19-01 that provides for annexation, a small scale Future Land Use Map (FLUM) amendment from County MD (Medium Density Residential 5 dwelling units/acre) to City LD (Low Density Residential District) for a parcel of land located at the northwest comer of Barwick Road and the Lake Worth Drainage District Canal L-31. The subject property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zoning designation. The property is located within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary annexation at this time. The 1.01-acre property contains an existing 3,820 square foot two-story single family home and a detached 1,204 square foot cottage. The applicant is seeking annexation into the City 'to obtain City water service. The Planning and Zoning Board held a public hearing in conjunction with the requests on February 26, 2001, and after reviewing the staff report and discussing the proposal, the Board voted unanimously (7-0) to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. At first reading on March 6th, the City Commission passed the ordinance by a 5-0 vote. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission, the public hearing was closed. Mr. Schwartz moved to adopt Ordinance No. 19-01 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 18-01: A City initiated ordinance correcting Future Land Use Map from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) and associated rezoning from RM (Medium Densit.~ Residential) to GC (General Commercial) for a parcel of land located on the west side of NE 7u' Avenue approximately 120 feet north of George Bush Boulevard. 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. This is a quasi-judicial hearing. The City Manager presented Ordinance No. 18-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY -17- 03/20/01 OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 UNITS/ACRE) TO GC (GENERAL COMMERCIAL) DISTRICT, AND REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF N.E. 7TM AVENUE, APPROXIMATELY 120' NORTH OF GEORGE BUSH BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2000"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-01 is on file in the City Clerk's office.) The City Attorney stated all involved parties would conduct this item as a quasi- judicial hearing, which allows for presentations, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Planning Director, entered into the record the Planning and Zoning Department's file #2001-081. Mr. Dorling explained this is a second reading for Ordinance No. 18-01 that provides for City initiated corrective small scale Future Land Use Map (FLUM) amendment from MD (Medium Density Residential 5-12 dwelling units/acre) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC (General Commercial) for a portion of the Nagle and Sail Inn properties, located on the west side of N.E. 7th Avenue, and approximately 120' north of George Bush Boulevard. The subject property is the south half of Lot 12, Block 2, Sophia Frey Subdivision, which is zoned RM (Medium Density Residential). The property is currently -18- 03/20/01 vacant, except for the encroachment of back-out parking and a dumpster associated with the Sail Inn on the east 5' of the property. The majority of the subject property is owned by Mr. George Nagle, who owns a portion of Lot 11 to the south, which is currently, zoned GC (General Commercial). The balance of the property, approximately 14.96' x 34.35', is owned by the Sail Inn, which also owns the east 34.35' of Lot 11, zoned GC (General Commercial). With the adoption of the City's Comprehensive Plan and Future Land Use Map in November 1989, the FLUM designation for the property was changed from Commercial to Medium Density Residential 5-12 du/ac. Subsequently, with the Citywide Rezonings from GC to RM (Medium Density Residential). The Planning and Zoning Board held a public hearing in conjunction with the request on February 26, 2001. Two residents to the north and east of the property on N.E. 7th Averiue were concerned with future proposals to extend the commercial zoning noah of the subject property into the neighborhood. The residents were informed this is a corrective rezoning for a 25' wide area and that any future requests for rezoning will require a public hearing and notification to all properties within a 500'radius of the property to be rezoned. The Board then voted unanimously to recommend approval of the corrective FLUM amendment from MD to GC and rezoning from RM to GC. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 18-01 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on .Non-Agenda Items. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING THE PUBLIC HEARINGS. ll.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. ll.B.1. Henry Williams, 310 N.W. 3rd Avenue, expressed concerns regarding the Pompey Park Advisory Board and stated they are not asking for a hand out and encouraged the -19- 03/20/01 City to stop dragging their feet when it pertains to Pompey Park. In addition, Mr. Williams expressed concerns regarding the tennis courts. He encouraged the Commission to look into resolving these issues. ll.B.2. John Bennett, speaking on behalf of PROD, bid a farewell to Commissioner Schwartz and thanked him for his services while serving as Commissioner. ll.B.3. Dr. Josh Smith, 3616 Avenue De Gien, stated his position regarding Blocks 20 through 36 has been well documented and added he would like to set the record straight which will probably reverse his original position. Dr. Smith stated that in his letter dated December 8, 2000 to the CRA, he opposed the selection of Atlantic Grove and its non-profit parmers as its non-chosen developers of Blocks 20 and 36. He opposed this not necessarily because of the choice of the developer but because he felt the process had been compromised and thus were flawed. With regard to his May 5, 2000 letter to the CRA, Dr. Smith stated he opposed the request from Atlantic Grove and its non-profit partners to the City to participate in the Department of Housing and Urban Development (HUD) Section 108 - Loan Guarantee Program. Dr. Smith explained that the basis for his opposition and the opposition of many other citizens was based on misinformation. He stated that the price range of the town homes were significantly increased and stated this change was not the desire of Atlantic Grove but instead forced upon them by a mandate from the CRA. Dr. Smith stated if this mandate had not occurred, it is conceivable that the Commission would not have to respond to the request of the Loan Guarantee and feels it is not the developer's fault. Dr. Smith stated his opposition to the Loan Guarantee request was because this was not part of the original presentation. He now realizes that they were placed in this position because of the changes insisted upon by the CRA. In addition, he now realizes that the additional $30,000 and $60,000 requests were also not the desire of the developer but was insisted upon by City staff. Dr. Smith stated he felt he and other citizens were placed into a position where the developer was perceived as some sort of culprit when instead it appears that the entire source of the circumstances was really created by the CRA. Dr. Smith expressed concern over what type of precedent this may set in the future but feels this can be eliminated depending upon the way the CRA structures the Request for Proposals (RFP's). Dr. Smith stated he hopes the CRA would never again make a choice on the developer based upon a public presentation and proceed to accept forced changes outside of public review. Dr.' Smith hopes if the CRA is ever again a major part of a problem, that they would in turn accept responsibility of being a part of the solution. Therefore, Dr. Smith stated he will withdraw his opposition and urged the Commission to support the request in hopes that the CRA being primarily responsible for these circumstances will share in the remote risk with the City and not leave the City in a position of having to be the lone entity especially since the City was not a party to the creation of these circumstances. ll.B.4. Virginia Griffin, 311 S.W. 8th Court, stated she has lived in the City since 1965 and expressed concern over the streets and swales. With regard to S.W. 8th Avenue, she stated that a car with a flat tire has no where to pull over and visitors have no place to park because the -20- 03~0~1 swales are too deep. Ms. Griffin stated that construction has started on S.W. 8th Court and although there is no swale problem and no water problem on this particular street there is a water problem on S.W. 4th Avenue. She stated the City has addressed the water problem on Swinton Avenue but has not addressed the water problem on S.W. 4th Avenue. She stated children who are waiting to catch the school bus are getting wet. Ms. Griffin thanked Mayor Schmidt and Randal Krejcarek, City Engineer, for coming to her home to listen to the problem but feels she needs to voice her concern to the entire Commission. She urged the Commission to do something about the problem of the swales immediately before someone gets injured. At this point, Mayor Schmidt stated he advised the City Manager of Ms. Griffin's concerns about S.W. 8th Avenue in addition to the drainage problem on S.W. 4th Avenue and S.W. 9th Street. He stated this has been passed along to staff for review. Ms. Griffin reiterated that the drainage problem is on S.W. 4th Avenue and S.W. 9th Street. She pointed out that S.W. 8th Court is in need of asphalt because this street has not been paved since 1973. ll.B.5. Kevin Warner, 248 Venetian Drive, on behalf of the Beach Property Owners' Association (BPOA), commended Mr. Schwartz for always being a fair, open, and honest individual. Mr. Warner stated he has always admired Mr. Schwartz for his good communication skills and his service to the City. In conclusion, Mr. Warner stated Commissioner Schwartz will be missed and wished him the best of luck. ll.B.6. Alice Finst, 707 Place Tavant, expressed her appreciation and thanks to Commissioner Schwartz for always being honest and forthright. In addition, she also thanked the City Manager for the lines on Lake Ida Road, staff in the City Clerk's office, and Diana Mund, Administrative Assistant, and Ron Hoggard, Senior Planner/Redevelopment, in the Planning and Zoning Department for being so helpful. With regards to the court hearing on the Citrus Canker issue, Ms. Finst inquired as to whether the City could post a notice on the web site or via e-mail so people can help support 'the City's efforts in regards to this issue. In response, the City Attorney stated the hearing that was originally scheduled for Friday was before Judge McCarthy and the case has been transferred to Judge Barkdull. As of this date, the City has not received a hearing date from Judge Barkdull. Ms. Finst asked the City Attorney if there could possibly be some local place on the Internet (i.e. citruscanker, comm) that would have the information where people could look for it instead of having to call the City Attorney directly. ll.B.7. Jean Beer, 2145 S.W. 26th Terrace, echoed Dr. Smith's comments and concerns with regard to the way things were handled by the CRA. -21- 03/20/01 Ms. Beer reiterated all of the complimentary comments that were made about Commissioner Schwartz and feels he is truly dedicated and has done a marvelous job while serving on the Commission. ll.B.8. David Randolph, 105 N.W. 11t~ Avenue, stated he needs to level the playing field and explained he worked with James Roper, owner of Roper Grocery and Deli for fifteen years and considers him a good friend. Mr. Roper ran the West Atlantic Avenue Market and has s~nce moved from West Atlantic to 24 th N.W. 8 Avenue and currently operates Roper Grocery and Deli. Mr. Randolph stated Mr. Roper was not even settled in before the Delray Beach Police started chasing clients from the business and also informing people that they could not park across the street on a vacant lot. Mr. Randolph stated that the owner of the building has the authority to use that vacant lot and finds it appalling that Mr. Roper is being harassed while he is trying to make an honest living. Mr. Randolph emphasized that the same situation is encouraged along East Atlantic Avenue. He noted while walking along Atlantic Avenue to the beach in the morning, he often finds it difficult to walk on the sidewalk while trying to divert the chairs and tables that obstruct his path. Mr. Randolph stated a Code Enforcement Officer came to his home who informed him that the City is establishing a NICE program and encouraged the Commission to look into this situation. At this point, the time being 7:45 p.m., the Commission moved to Item 9.B. of the Regular Agenda. 9.B. WOMAN'S CLUB AMENDED AND RESTATED LEASE: Consider approval of the Woman's Club amended and restated lease for the joint use of the building as a Woman's Club, a youth center, community meeting place and public park. The City Attorney stated that in the binders set before the Commission explains the 80-year history of the Woman's Club. The City Attorney explained that this is a project that the City has worked with the Woman's Club on which provides a joint use of the Woman's Club building so that it may be 'used as a Woman's Club, and used by the Delray Beach Youth Council as a youth center and also be used for a community meeting place. Nick Lender, speaking on behalf of the Delray Beach Youth Council and the youth of Delray in large, expressed his gratitude to the Commission for consideration of this issue. Mr. Lender stated he is impressed with the City taking a positive stand on youth issues especially the teen center that can provide such a positive influence for the kids of Delray Beach. Mr. Lender stated that downtown is great but only offers a toddler center and activities only for people age 21 and older. He feels this youth center for the 10-20 year old age group has been a long time coming. He stated the Woman's Club provides a central location and feels it gives everyone a chance to embrace it as a piece of the downtown. Mr. Lender reiterated and thanked -22- 03/20/01 the Commission for recognizing the needs of the youth and stated this means so much to the Delray Beach Youth Council. At this point, members of the Woman's Club stood for a photograph with the Commission. Mrs. Rice stated the Woman's Club would be extremely happy to help the youth of Delray Beach. Mr. Schwartz moved to approve the Woman's Club amended and restated lease, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 9.C. AGREEMENT WITH JOINT VENTURE/FOURTH OF JULY FIREWORKS: Consider approval of an agreement between the City and the Joint Venture for the Fourth of July Fireworks display for the term 2001 through 2005. Robert A. Barcinski, Assistant City Manager, stated the City entered into an agreement in 1996 with the Joint Venture for the purpose of having the Joint Venture solicit fireworks display bids and to enter into a contract for same with a vendor and to assist the City in marketing and promoting the event to include fund-raising. The 1996 agreement has expired and staff is proposing approval of a new five- (5) year agreement with the Joint Venture beginning in 2001 through 2005. The City is looking to enter into a new agreement. The only major difference between this agreement and the previous one is a dollar amount. In 1996, it was an $8,000 contribution versus a contribution of $40,000. Mr. Barcinski stated this is in line with the budget contribution the City has made to the Joint Venture in the amount of $40,000 whereas the majority will go towards the fireworks display. Mrs. Archer moved to approve the agreement between the City and the Joint Venture for the Fourth of July Fireworks display for the term 2001 through 2005, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz- Yes; Ms. McCarthy - Yes. Said motion 'pa~sed with a 5 to 0 vote. 9.:D. SPECIAL EVENT/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for Art & Jazz scheduled for May 10, 2001, including temporary use permit and street closure, staff support, use of City equipment, and specified overtime costs. Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse the next Art & Jazz on the Avenue scheduled for May 10, 2001 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton To N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street and N.E. 2nd -23- 03/20/01 Avenue from Atlantic to N.E. 1st Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages. Mr. Barcinski stated the estimated overtime cost for this event is $6,970. City Commission has capped the amount the City would pay for overtime at $6,500 for the last four events. Actual overtime costs for January's event were $6,232. A copy of the Hold Harmless Agreement and Certificate of Insurance are attached. Mr. Perlman moved to approve the special event request for Art & Jazz on the Avenue scheduled for May 10, 2001, from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(H) and street closure, staff support as requested, use of stages and City barricades, setting an upper limit of $6,500 for overtime costs with any difference to be paid by the Joint Venture, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 0oEo SPECIAL EVENT/HOT AIR BALLOON GLOW AND BALLOON RACE: Consider approval of a Hot Air Balloon Glow to be held on June 1st on Atlantic Avenue, and Hot Air Balloon Race to be held on June 2"a & 3ra at Lake Ida Park. Robert A. Barcinski, Assistant City Manager, stated this is a request to approve a Hot Air Balloon Glow to be held on June 1, 2001, and the Hot Air Balloon Race to be held on June 2nd and 3rd to be sponsored by the Joint Venture. Commission is also requested to approve a temporary use permit per LDR's Section 2.4.6(H) for the closure of Atlantic on June 1, 2001 from A1A to Andrews between 3:00 p.m. and 11:00 p.m., and to approve staff support for security and traffic control, barricading, and signage preparation, stage set up and take down, and trash removal for both the event of June 1st and June 2"d and 3rd. Mr. Barcinski stated the actual races will be held at Lake Ida Park and will also include other activities and vendors. In addition, Mr. Barcinski stated that the Joint Venture requested a waiver of the overtime costs, which are approximately $6,400. Mr. Schwartz moved to approve the Hot Air Balloon Glow to be held on June 1st on Atlantic Avenue, and Hot Air Balloon Race to be held on June 2ad & 3ra at Lake Ida Park, and waiver of overtime costs, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Prior to the vote, Mrs. Archer inquired about the overtime costs. Mr. Barcinski -24- 03/20/01 explained that last year it was part of the millennium celebration and the City was a co-sponsor for the millennium committee and the City absorbed all of the overtime costs last year. Ms. McCarthy asked if the City would look into getting sponsorships for this event and asked if this is for profit? In response, Marjorie Ferrer, Downtown Joint Venture Coordinator, stated the Joint Venture will be looking into getting sponsorships stated the Downtown Joint Venture is raising enough contributions to help cover the costs. Ms. McCarthy asked that if the Downtown Joint Venture were to get an extra sponsor would they be willing to do a 50/50 split with the City and therefore be reimbursed 50% at this time. In response, Ms. Ferrer stated approximately seven hot air balloons have been lost because the race has been moved one week later so that there would not be any overtime involved on the holiday weekend. Ms. Ferrer reiterated that this would not be probable for this year. 9oFo THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. RESOLUTION FOR ASSISTANCE FROM F.IN.D. ON NE 4TM STREET: Consider approval of a resolution which would allow the City to seek reimbursement from the Florida Inland Navigational District for the construction of a pocket park at the end of NE 4th Street where it abuts the Intracoastal Waterway. Brian Shutt, Assistant City Attorney, stated if approved, this resolution would allow the City to seek reimbursement from the Florida Inland Navigational District (FIND) for the construction of a pocket park at the end of N.E. 4th Street where it abuts the Intracoastal Waterway. The estimated total cost of construction is $20,000.00 and the City is seeking reimbursement from FIND for 50% of this amount. Dick Hasko, Director of Environmental Services, stated this particular location has been a chronic issue with flooding at the end of N.E. 4th Street and the seawall has been in disrepair for quite some time. Mr. Hasko stated the City would like to take advantage of this FIND Program which is not expressly geared for replacing seawalls but is aimed rather at providing public non-boat access to waterways of the State by providing simple amenities like a bench, signage, and a garbage can. Mrs~ Archer asked if there is any possibility of connecting the end of N.E. 4th Street with the northern end of Veteran's Park or is all the property in between privately owned? In response, Mr. Hasko stated that the property in between this property and the north end of Veteran's Park is all privately owned. Ms. McCarthy moved to approve the Resolution for assistance from Florida Inland Navigational District (FIND) for the construction of a pocket park at the end of N.E. 4th Street where it abuts the Intracoastal Waterway, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz- Yes; Ms. McCarthy - Yes; Mayor Schmidt- Yes; -25- 03/20/01 Mr. Peflman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.H. RESOLUTION NO. 20-01: Consider approval of a resolution authorizing the City to purchase property located south of SW 4th Street and between SW 5th Avenue and SW 4th Avenue for the purpose of drainage retention. The City Manager presented Resolution No. 20-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS LOT 17, SUNDY AND TENBROOK ADDITION TO DELRAY, LOCATED JUST SOUTH OF S.W. 4TM STREET BETWEEN S.W. 5TM AVENUE AND S.W. 4TM AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN; HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN PATRICIA MCCRAY AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 20-01 is on file in the City Clerk's office.) Mr. Perlman moved to approve Resolution No. 20-01, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 9.1. RESOLUTION NO. 27-01: Consider approval of a resolution authorizing submittal of an application with the State of Florida for a Library Contract Grant and Agreement .between the City and the Delray Beach Library Association, Inc. The City Manager presented Resolution No. 27-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE SUBMISSION OF AN APPLICATION WITH THE STATE OF FLORIDA, DIVISION OF LIBRARY SERVICES, FOR A GRANT. (The official copy of Resolution No. 27-01 is on file in the City Clerk's office.) -26- 03/20/01 The City Attorney stated Mr. Callahan III, Library Director, has requested that the City prepare a resolution authorizing the application and also an agreement that makes the library association responsible for all the costs. John Callahan III, Library Director, explained that there is up to $500,000 available from the State annually. The projects are ranked according to a point system. Mr. Callahan indicated that although there is up to $500,000 available this amount could vary from year to year. For example, last year thc Legislature changed this amount to only $300,000. There will be approximately 15 applications submitted this year. Three of those applications will be locally (Highland Beach, Boca Raton, and Boynton Beach). Mr. Callahan stated hc would also like to see the City of Delray Beach submit an application as well. Mr. Callahan stated the process is somewhat unusual because the application requires that a government submit it and necd~ thc City's authorization to apply for thc grant and thc City would need to indicate that they agree to thc terms of thc contract. In turn, the Library Association agrees to essential indemnify the City for everything thc City would bc required to do mainly to provide thc matching funds available to match this grant and also to indicate that there would be funds available for the operation of thc library in the future. Discussion by the Commission and Mr. Callahan followed. Mr. Perlman inquired if the Library Association would be applying for the full $500,000. Mr. Callahan stated that although the Library Association would indeed be applying for the full $500,000 it ultimately depends on what the Legislature appropriates. Mr. Schwartz asked what the City received last year? In response, Mr. Callahan explained that this is a construction grant and the City has not applied for a grant since 1985. At that time, Mr. Callahan stated the City received $150,000 to expand the library. Ms. McCarthy asked Mr. Callahan if anything else could be done regarding the point system? In response, Mr. Callahan stated that other than the application this is pretty well covered. However, Mr. Callahan stated that once the City receives a fairly high ranking, then prior to next year's.Legislative Session would be a good time to lobby all of our local Legislators to make sure this receives full funding next year. Mrs. Archer asked if this is statewide funding? In response, Mr. Callahan stated that this is a statewide grant. Mrs. Archer moved to approve Resolution No. 27-01 authorizing submittal of an application with the State of Florida for a Library Contract Grant and Agreement between the City of Delray Beach and the Delray Beach Library Association, Inc., seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Peflman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion -27- 03/20/01 passed with a 5 to 0 vote. 9.J. DELRAY BEACH POLICE BENEVOLENCE ASSOCIATION (PBA)/SUBLEASE: Consider approval of a request from the PBA to sublease a small portion of the premises located in Boynton Beach for the erection of a cellular tower. The City Attorney stated the City has received a letter from Lee Levenson, Jr., Esq. and representative for the Police Benevolence Association (PBA) requesting permission to sublease part of the premises located in Boynton Beach to a telecommunications company for the erection of a cellular tower. The City however has a 99 year lease with the Delray Beach Police Benevolent Association, Inc. (PBA), which expires in 2031. The lease requires compliance with the restrictions and covenants in the deed whether or not they have expired. The lease further provides that the PBA may not sublease or assign any part of the property. Currently, the City performs maintenance of the grounds via contract at a cost of $7,000 per year. The City Attorney stated Mr. Levenson would need to get authorization per the suggestion by the City Manager that if the City Commission approves the sublease, the PBA would have to get permission from the City of Boynton Beach to erect a tower. Mr. Schwartz asked for clarification on why the PBA is requesting a cell tower? In response, the City Manager explained that the land is located in Boynton Beach and has been donated to the City of Delray Beach to be used as a headquarters for the PBA for a firing range and other police training operations. The City Manager stated the PBA was approached by a cellular telephone company asking for permission to erect a cell tower on this site. In addition, the City Manager stated Mr. Levenson has informed him that Boynton Beach will approve the site. Mr. Schwartz moved to approve the request from the Police Benevolent .Association (PBA) to sublease a small portion of the premises located in Boynton Beach for the erection of a cellular tower subject to obtaining confirmation from Mr. Levenson, Esq., and subject to the City Manager's recommendation that the Police Benevolent Association (PBA) continue the $7,000 cost of maintenance per year, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the Chamber of Commerce representative appointment to the Parking Management Advisory Board to fill an unexpired term ending August 1, 2002. -28- 03/20/01 Ms. McCarthy moved Parking Management Advisory Board by Mrs. Archer. Upon roll call the Schwartz - Yes; Ms. McCarthy - Yes passed with a 5 to 0 vote. After the vote, Mr. Schv a good restaurant but also run an ot Schwartz stated that in previous adm functions in the White House. 9.L. APPOINTMENT TO to th~'Education Board to fill an unexp made by Commissioner Archer (Seat Mrs. Archer moved to ~ Board to fill an unexpired term ending the Commission voted as follows: Mr. Yes; Mr. Perlman - Yes; Mrs. Archer - 9.M. APPOINTMENT TO BOARD: Appoint one (1) member tc unexpired term ending August 31, 2001 #5). Mayor Schmidt stated h Site Plan Review and Appearance Boa: McCarthy so moved, seconded by 1V follows: Ms. McCarthy - Yes; Mayor Mr. Schwartz - Yes. Said motion passt 12. FIRST READINGS: 12.A. ORDINANCE NO. 20. Control Procedures" thereby adoptin Operations within the City of Delray B If passed, a public hearing will be sche~ The City Manager prese AN ORDINANCE OF ~ OF DELRAY BE o ratify the appointment of Mr. Ron Radabaugh to the o fill an unexpired term ending August 1, 2002, seconded 2ommission voted as follows: Mrs. Archer - Yes; Mr. Mayor Schmidt- Yes; Mr. Perlman - Yes. Said motion ,artz commented that Mr. & Mrs. Radabaugh not only run ttstanding catering service throughout the nation. Mr. inistrations, Mr. & Mrs. Radabaugh have even catered FHE EDUCATION BOARD: Appoint one (1) member ired term ending July 31, 2002. The appointment will be ~.). tppoint Saralyn L. Buzen as a member to the Education July 31, 2002, seconded by Mr. Perlman. Upon roll call Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. THE SITE PLAN REVIEW AND APPEARANCE the Site Plan Review and Appearance Board to fill an .. The appointment will be made by Mayor Schmidt (Seat e wished to appoint Diane Borchardt as a member to the · d to fill an unexpired term ending August 31,2001. Ms. ~Lr. Perlman. Upon roll call the Commission voted as Schmidt- Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; ~'d with a 5 to 0 vote. .01: An ordinance creating Section 97.10 "Citrus Canker g a method to be adhered to by Lawn Maintenance each in order to help control the spread of Citrus Canker. luled for April 3,2001. ated Ordinance No. 20-01: ?HE CITY COMMISSION OF THE CITY ~.CH, FLORIDA, ADOPTING A -29- 03/20/01 DECONTAMINATION METHOD TO BE ADHERED TO BY LAWN MAINTENANCE OPERATIONS WITHIN THE CITY OF DELRAY BEACH PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. The City Attorney announced that additional language be added to Section 97.16iA) Definitions of "Lawn Maintenance Company" of the ordinance. The City Attorney suggested that it read as follows: "Lawn Maintenance Company". Any individual who engages in the business of the upkeep in trimming of vegetation, including, but not limited to, trees, grass, shrubs, and flowers, on any residential or commercial property. Ms. McCarthy inquired about the lawn maintenance companies and whether or not this includes people from areas other than Delray Beach? In response, the City Attorney stated this does include people from areas other than Delray Beach. Mr. Schwartz why does this pertain only to lawn maintenance personnel and not to public utility personnel and landscape personnel? Mr. Schwartz feels that the same problem still exists whether it is lawn maintenance personnel, public utility personnel or landscape personnel. Mayor Schmidt echoed concerns expressed by Mr. Schwartz regarding other businesses where people would be coming into contact with Citrus Canker and possibly passes it on. However, lawn maintenance seems to be the one that is probably the biggest culprit with it spreading. The City Attorney stated the City used a model ordinance developed from Broward County to compose this ordinance. The City Manager stated this was the intent of adding trimming and that if you did tree trimming you would fall within the definition of a lawn maintenance company. Mrs. Archer expressed concerns over individuals that fall under the category of "handy man" that go around doing this and are not licensed. The City Attorney stated that City does not say whether or not they have to be licensed. Mrs. Archer does not see how the City is going to be able to enforce this ordinance. Mrs. Archer also commented about language in the ordinance where it states "All lawn maintenance company personnel shall decontaminate themselves by washing or treating all exposed areas of the body and clothing with an -30- 03/20/01 antibacterial soap, wash, spray, or other approved solution." and stated she cannot see people spraying themselves or washing their clothes as they leave someone's property. The City Attorney reiterated that the language in this ordinance was taken from the model ordinance from Broward County. She stated Mr. Fagan had mentioned that the workers who cut down the citrus trees actual spray themselves with an antibacterial soap and this is the procedure that is recommended by the Department of Agriculture. The City Attorney stated this could be expanded but feels the idea is meant for people who are in contact with the actual tree. Mayor Schmidt suggested that under Section 97.10(A) Definitions, the language be changed to read the following: "Vegetation Maintenance Company". Any individual who engages in the busir~ess of the installation, upkeep, in trimming of vegetation, including, but not limited to, trees, grass, shrubs, and flowers, on any residential or commercial property. It was the consensus of the Commission to send this ordinance back to the City Attorney for modifications and bring back to the April 3, 2001, Regular Meeting for a First Reading. Mrs. Archer moved to deny Ordinance No. 20-01 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion to deny passed with a 5 to 0 vote. 12.B. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. At this point, the Commission moved to Item 13, Comments and Inquiries on Non- Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission. -31- 03/20/01 13.C.1. Commissioner Archer With regard to Commissioner Schwartz, Commissioner Archer stated she feels quite proud that she had the pleasure of placing his name in nomination for appointment to the Commission. Ms. Archer finds Mr. Schwartz to be a man of principle and dedication and stated it has been a real pleasure serving with him and noted that everyone will miss him. 13.C.2. Commissioner Perlman Commissioner Perlman stated that he met with Kathy Daley, City Lobbyist, and she advised that the City start to plan now for next year. As mentioned this evening, Mr. Perlman stated the Library will need some lobbying assistance and Pineapple Grove Main Street is int,erested in some state funding. Mr. Perlman stated that there are ways to get funding from the state if the requests are submitted early. He suggested that the City keep a master list so that Ms. Daley has adequate time to submit the requests to the agencies and legislature. Secondly, Mr. Perlman echoed the comments of Commission Archer and reiterated that is has been an honor and privilege to serve with Mr. Schwartz for the past year. Mr. Perlman stated he trusts that Mr. Schwartz will continue to be an active participate in the community and has a tremendous amount of respect for him. 13.C.3. Commissioner McCarthy Commissioner McCarthy complimented the City Attorney for the report regarding the legal issues and feels it is a job well done. Ms. McCarthy stated she did not have the opportunity to meet with Ms. Daley. However, Ms. McCarthy feels Ms. Daley could provide the City with a list of things the City is actually eligible for. If there are additional things the City would like to have, Ms. McCarthy stated then at that point Ms. Daley could move forward. Ms. McCarthy feels the City should be provided with this information since it is considered public information. Ms. ~McCarthy chuckled and stated that it is said, "Politics makes strange chair parmers". On a more serious note, she informed Mr. Schwartz how wonderful it has been to serve with him on the Commission as well as when they served together on the Planning and Zoning Board. Ms. McCarthy stated she applauds Mr. Schwartz's honesty and integrity and wished him the best. 13.C.4. Commissioner Schwartz -32- 03/20/01 Commissioner Schwartz stated he has been in politics most of his life and explained that he was Ronald Reagan's Campaign Chairman for the State of New Jersey when Ronald Reagan ran for his first term as President. Mr. Schwartz stated he does not consider himself to be a politician but instead a public servant. He stated he has truly enjoyed working with the City Attorney, the City Manager, and the entire City Commission. Although there is a lot of hard work involved with being a Commissioner, he feels it has been an enjoyable and rewarding experience because with all the hard work there are results. Mr. Schwartz feels we live in a wonderful City and encouraged everyone to never stop giving of him or herself. He stated it has been a privilege to serve on the Commission and will miss everyone tremendously. 13.C.5. Mayor Schmidt Mayor Schmidt stated this is the second time he has served with Mr. Schwartz and explained that one of the reasons he supported Mr. Schwartz's appointment to the Cominission is because he had the opportunity to work with him on the Planning and Zoning Board. In addition, Mayor Schmidt echoed Mrs. Archer's comments and Mr. Perlman's comments. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:30 p.m. Acting City Clerk ATTEST: MAYOR The undersigned is the Acting 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 March 20, 2001, which minutes were formally approved and adopted by the City Commission on Acting City Clerk -33- 03/20/01 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. -34- 03/20/01 WHEREAS, Mary McCarty has been a resident of Palm Beach County for 28 years; and WHEREAS, Mary McCarty has duly served the public, as a Delray Beach City Commissioner from 1987 to 1990, and subsequently, as a Palm Beach County Commissioner for District IV since 1990; and WHEREAS, Commissioner Mary McCarty has graciously dedicated her time to the community, as Director of Mad Dads, Inc. of Greater Delray Beach, Board Member of the Delray Beach Old School Square Cultural Arts Center, and Vice-President of Together Against Gangs; and WHEREAS, Mary McCarty has been recognized for her many accomplishments, having received the following awards; in 1992, the Most Proniog Neumner Award (Voter Coal~ of Pabn Beach Cigar); in 1997, an Honorary Doctorate of ~ in C~ffai, m Htanmzitaff, m Service; Bhai Brith ~ Leader of the Year; and Local Gomrvnmt Statesman of the Year Republican Party of Florida, and in 1999, the . ngel of tae Year, Angers oft>tory; and WHEREAS, Mary McCarty has been instrumental to the City of Delray Beach in securing the following financial assistance: Sandoway House Renovations $ Pine Grove Elementary School $ Mad Dad Youth Programs $ I Have a Dream Foundation $ Pine Grove Community Park $ The Soul of Delray Beach Event $ Aquacrest Pool $ Lake Ida Park $ Old School Square $ Boatramp Park $ 25,000 120,000 21,500 20,000 190,000 52,000 100,000 240,000 142,228 70,000 WHEREAS, Mary McCarty is supportive of the Delray Beach Tennis Center and the sport of tennis, having been instrumental in securing $1,400,000 in Tourist Development funds for expansion of our Tennis Stadium, and committing $150,000 towards the expansion of our tennis facility. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend COUNTY COMMISSIONER MARY McCARTY for her dedicated service and continuous commitment to Delray Beach and Palm Beach County. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 20th day of March, 2001. DAVID W. SCHMIDT MAYOR MARY McCARTY PROCLAMATION Whereas Mary McCarty is a resident of Palm Beach County for 28 years. Whereas Mary McCarty has served the public, as Palm Beach County Commissioner for District IV since 1990, and City Commissioner of Delray Beach from 1987 to 1990. Whereas Mary McCarty has graciously donated her time to the community, as a Director of Mad Dads Inc. of Greater Delray Beach, Board Member of the Delray Beach Old School Square Cultural Arts Center; and Vice President of Together Against Gangs. Whereas Mary McCarty has been properly and duly recognized for her accomplishments receiving the following awards. 1999 1997 1997 1997 1992 Angel of the Year, Angels of Charity Honorary Doctorate of Divinity in Christian Humanitarian Service B'nai Brith Community Leader of the Year Local Government Statesman of the Year- Republican Party of Florida. Most Promising Newcomer Award-Voter Coalition of Palm Beach County Whereas Mary McCaW was instrumental in the City of Delray Beach receiving the following financial assistance, just to name a few Sandaway House Renovations Pine Grove Elementary School Mad Dad Youth Programs I Have a Dream Foundation Pine Grove Community Park The Soul of Delray Beach Event Aquacrest Pool Lake Ida Park Old School Square Boatramp Park $ 25,000 $120,000 $ 21,500 $ 20,000 $190,000 $ 52,000 $100,000 $240,000 $142,228 $ 70,000 Whereas Mary McCarty is committed to the Delray Beach Tennis Center and the sport of tennis by committing $150,000 towards the expansion of our tennis facility. WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry. by Nazi Germany and its collaborators between 1933 and 1945. Jews were the primary wct~ms - six million were murdered; Gypsies, the handicapped, and Poles were also targeted for destruction or decimation for racial, ethnic or national reasons. Millions more, including homosexuals, Jehovah's W'~nesses, Soviet prisoners of war and political dissidents, also suffered grievous oppression and death under Nazi tyranny; and WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies and governments; and WHEREAS, we the people of the City of Delray Beach should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution and tyranny; and WHEREAS, we the people of the City of Delray Beach should actively rededicate ourselves to the principles of individual freedom in a just society; and WHEREAS, the Days of Remembrance have been set aside for all people to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980), the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, April 15 through Sunday, April 22, 2001, including the international Day of Remembrance known as Yom Hashoah on April 19th. NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week April 15, through April 22, 2001 as "DAYS OF REMEMBRANCE" in Delray Beach, Florida, in memory of the victims of the Holocaust, and in honor of the survivors as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Delray Beach, should strive to overcome intolerance and indifference through learning and remembrance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 20th day of March, 2001. DAVID W. SCHMIDT MAYOR UNITED ~ STAT£S HOLOCAUST MEMORIAL MUSEUM Dear Mayor: The United States Holocaust memorial Museum in accordance with its Congressional mandate (Public Law 96-388, 10/7/80) is leading the nation in the annual Days of Remembrance of the Victims of the Holocaust, commemorated this year from Sunday, April 15 through Sunday, April 22. Yom Hashoah is April 19 this year and the national Day of Remembrance Commemoration will be held on that day in the Rotunda of the United States Capitol. This year's theme is "Remembering the Past For the Sake of the Future." The year 2001 will mark the 60* anniversary of the beginning of the genocide of European Jews. Over the eight and a half years preceding 1941, Nazi persecution of the Jews and other selected groups became increasingly intense, widespread, and systematic, culminating in a campaign of extermination. When the slaughter was over, the lives of some six million Jews had been snuffed out along with those of some five million others: Poles, the handicapped, Gypsies, homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political dissidents. Yet to some extent before June 1941, and to a full extent before September 1939, what we now know as "the Holocaust" could have been prevented. And even after June 1941, opportunities were missed to save significant numbers of Jews. Remembrance obligates us to remember not only what was done, but also to reflect on what could have been done. A background piece on the theme is enclosed. Your personal leadership in this national commitment to remember is essential, as you set an example for your city and the nation. Thus, we respectfully encourage you to issue, as was done in the past, a special Days of Remembrance Proclamation for distribution to the citizens of your city. A sample is enclosed for your consideration and convenience. We also invite you to join us in observing these Days of Remembrance. Marian Craig Gilbert of the Museum's Days of Remembrance program will contact you soon to offer suggestions for arranging an appropriate observance. Please feel free to contact Mrs. Gilbert for further information or assistance. Her telephone number is (770) 650-7712. We are grateful for your leadership and support in this important endeavor. Sincerely, Enclosures Benjamin Meed Chairman, Days of Remembrance 100 Raoul Wallenberg Place, SW, Washington, D.C. 20024-2126 · Tel (202) 488-0400. Fax (202) 488-2690 · www. ushmm.org REMEMBERING THE PAST FOR THE SAKE OF THE FUTURE Days of Remembrance April 15-22, 2001 "...a memorial unresponsive to the future would violate the memory of the past" President's Commission on the Holocaust Elie Wiesel, Chairman Days of Remembrance was established by the United States Congress as our nation's annual commemoration of the victims of the Holocaust, just as the United States Holocaust Memorial Museum was established as our permanent living memorial to those victims. This year, Holocaust Remembrance Day is Thursday, April 19. Its theme is "Remembering the Past for the Sake of the Future," underscoring that remembrance should also be an act of hope. Sixty years ago the darkest, most murderous moment of history was unleashed, and the voices of freedom and justice were still. Sadly, those voices were mute as Nazi persecution became increasingly intense, widespread and systematic, culminating in a campaign of extermination against Europe's Jews. When the slaughter was over, six million Jews had been killed and millions more targeted for persecution and destruction, including Poles; the handicapped; Gypsies; homosexuals; Jehovah's Witnesses; Soviet prisoners of war and political dissidents. Those who survived the killing camps tell us that as many of those people walked to their deaths, their last words were "Remember us. Remember us." Remembrance obligates us to focus not only on memorializing those who were killed; we must also reflect on what could have been done to save them. The year 2001 marks the 60th anniversary of the beginning of the genocide of European Jews. Yet to some extent before June 1941, and to a full extent before September 1939, what we now know as "the Holocaust" could have been prevented. And even after June 1941, opportunities were missed to save significant numbers of Jews. History teaches us that the Holocaust might not have occurred if governments and leaders had spoken out during the Nazi rise to power. And more people could have been saved if individual citizens had raised their voices to force their governments to act - if only to offer safety and refuge. In the aftermath of the Holocaust, indifference to genocide cannot be tolerated; Holocaust remembrance imposes a moral obligation to speak out. The United States Holocaust Memorial Council established a Committee on Conscience precisely because in the critical years prior to 1941 conscience did not prevail. The Council is determined that the Museum's ultimate achievement should be "that remembrance of the past will influence the course of the future." As we commemorate the 60th anniversary of the destruction of European Jewry, the theme of Days of Remembrance 2001 reflects our conviction that without a call to conscience, remembrance is incomplete. SAMPLE CIVIC PROCLAMATION FOR THE DAYS OF REMEMBRANCE Sunday, April 15, through Sunday, April 22, 2001 REMEMBERING THE PAST FOR THE SAKE OF THE FUTURE The suggested language below is based on messages and proclamations sent to the United States Holocaust Memorial Museum's Days of Remembrance Program by public officials. Actual wording is the prerogative of the official who issues the document. Whereas, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews were the primary victims - six million were murdered; Gypsies, the handicapped, and Poles were also targeted for destruction or decimation for racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political dissidents, also suffered grievous oppression and death under Nazi tyranny. Whereas, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments; and Whereas, we the people of the City of should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny, and Whereas, we the people of the City of should actively rededicate ourselves to the principles of individual freedom in a just society; and Whereas, the Days of Remembrance have been set aside for the people of the City of to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and Whereas, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, April 15 through Sunday, April 22, 2001, including the international Day of Remembrance known as Yom Hashoah, April 19; Now, therefore, I , Mayor of ., do hereby proclaim the week of Sunday, April 15, through Sunday, April 22, 2001, as Days of Remembrance in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of , should strive to overcome intolerance and indifference through learning and remembrance. UNITED ~ STATES HOLOCAUST MEMORIAL MUSEUM HOLOCAUST REMEMBRANCE DAY 2001 - 2011 Holocaust Remembrance Day is a day that has been set aside for remembering the victims of the Holocaust and for reminding Americans of what can happen to civilized people when bigotry, hatred and indifference reign. The United States Holocaust Memorial Council, created by act of Congress in 1980, was mandated to lead the nation in civic commemorations and to encourage appropriate Remembrance observances throughout the country. Observances and Remembrance activities can occur during the week of Remembrance that runs from the Sunday before through the Sunday after the actual date. While there are obvious religious aspects to such a day, it is not a religious observance as such. The internationally-recognized date comes from the Hebrew calendar and corresponds to the 27* day of Nisan on that calendar. That is the date on which Israel commemorates the victims of the Holocaust. In Hebrew, Holocaust Remembrance Day is called Yom Hashoah. 2001 Thursday, April 19 2002 Tuesday, April 9 2003 Tuesday, April 29 2004 Sunday, April 18 2005 Thursday, May 5 2006 Tuesday, April 25 2007 Sunday, April 15 2008 Thursday, May 1 2009 Tuesday, April 21 2010 Sunday, April 11 2011 Sunday, May 1 The Holocaust is not merely a story of destruction and loss; it is a story of an apathetic world and a few rare individuals of extraordinary courage. It is a remarkable story of the human spirit and the life that flourished before the Holocaust, struggled during its darkest hours, and ultimately prevailed as survivors rebuilt their lives. We encourage you to join with the United States Holocaust Memorial Museum in observing the Days of Remembrance. For further information, please contact: Days of Remembrance, United States Holocaust Memorial Museum, 100 Raoul Wallenberg Place, S.W., Washington, DC 20024 or see the Museum's web page at www.ushmm.gov. 100 Raoul Wallenberg Place, SW, Washington, D C 20024-2126 · Tel (202) 488-0400 · Fax (202) 488-2690 · www. ushmm.org WHEREAS, pubhc works services provided ~n our community are an ~ntegral part of our c~t~zens' everyday hves, and WHEREAS, the support of an understanding and ~nformed citizenry is wtal to the efficient operation of pubhc works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection, parks and canal maintenance, and WHEREAS, the health, safety, and comfort of this commumty greatly depends on these facihbes and services, and WHEREAS, the quality and effectiveness of these facihbes, as well as their planmng, design, and construction, is vitally dependent upon the efforts and sk~ll of pubhc works officials, and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is matenally influenced by the people's attitude and understanding of the importance of the work they perform, and WHEREAS, th~s year's theme "Working in the Public Interest", is a tnbute to the positive ~mprovements pubhc works employees have made to our commumbes NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of May 20th through May 26, 2001 as "NATIONAL PUBLIC WORKS WEEK" ~n Delray Beach, Florida, and urge all citizens and c~wc orgamzat~ons to acquaint themselves w~th the issues involved in providing our public works and to recogmze the contributions which pubhc works officials make every day to our health, safety, comfort and quahty of life IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the C~ty of Delray Beach, Flonda, to be affixed th~s 20th of March, 2001 DAVID W. SCHMIDT MAYOR January 19, 200 1 CITY MANAGER CITY OF DELRAY BEACH 100 N.W. 1ST AVE. DELRAY BEACH, FL 33444-2698 RE: "Working in the Public Interest" during National Public Works Week May 20 - 26, 2001 Dear MR. HARDEN: This year National Public Works Week will be celebrated May 20th - 26a~, 2001. The theme of"Working in the Public Interest" clearly promotes your efforts as a public works professional since public works projects are vital to the growth and quality of life of any community. By promoting this event, government officials, business leaders, and citizens will learn from you about the positive impact of public works projects. Public Works professionals have been participating in events and activities to increase public awareness and appreciation of the profession ever since 1960 when President Kennedy proclaimed that this event would serve as an annual reminder of the value that public works professionals contribute to our lives. During this week, there are also many activities and events you may implement to remind the public that our work improves the quality of life for everyone in the community. Some communities hold special community events to showcase the services provided along with employees, others have held equipment rodeos and give away prizes to employees or door prizes to the public. Ideas and suggestions are welcome as it may assist your fellow public works directors. Join this celebration by acknowledging the men and women who perform so well in their chosen profession by issuing a proclamation recognizing National Public Works Week. Last year the FL Chapter of APWA received over 65 proclamations to display at the Annual Tradeshow. What an impressive sight to see! With your participation, we can show the continued support to those in the Public Works field Please, mail your proclamation to me at the address below so that your proclamation will be proudly displayed for all to see at the APWA FL Chapter Annual Meeting and Tradeshow April 9th - 12th, 2001. A sample proclamation has been enclosed for your review. Please submit your proclamation no later than April 4a'. I hope you find this information to be a valuable tool as you plan a National Public Works Week celebration. Please do not hesitate to contact me at the telephone number listed below if you have any questions. Good luck with National Public Works Week and thank you for your continued support! Rick Keeney Chairman Public Works Week Committee APWA Florida Chapter Mail Public Works Week Proclamation to: City ofPunta Gorda C/O Rick Keeney 900 West Henry Street Punta Gorda, FL 33950 (941) 575-5050 Telephone (941) 575-5044 Fax E-mail: pubworks~sunline.com PROCLAMATION City of Punta Gorda, Florida Whereas, public works services provided in our community are an integral part of our citizens' everyday lives; and Whereas, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection, parks and canal maintenance, and Whereas, the health, safety, and comfort of this community greatly depends on these facilities and services; and Whereas, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and Whereas, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. Whereas, this year's theme "Working in the Public Interest", is a tribute to the positive improvements public works employees have made to our communities. Now, therefore, The City Council of the City ofPunta Gorda, Florida, does hereby proclaim the week of May 20 - 26, 2001 as NATIONAL PUBLIC WORKS WEEK In the City ofPunta Gorda, and calls upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. PASSED AND DULYADOPTED in regular session this 16th May, 2001. CITY OF PUNTA GORDA, FLORIDA ATTEST: Mayor's Name City Clerk's Name '7~r~of The Fr~s of W~'r~l Pe~w~' Featuring the original artwork ~~l of local high school and middle school students. OPENING RECEPTION Tuesday, IVlarch 20, 2001 5:30 P.M. to 6:30 P.M. Delray Beach City Hall 100 N.W. First Avenue Delray Beach, Florida [ITY OF DELRR¥ BE;IgH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-~09.0 · JFACS. IMILE. 5.6~/,2,~8-4755 writer's Direct Lme:3~l/,~ae3- liFJI DELRAY BEACH AlI.Amedca City 1993 DATE: TO: FROM: March 5, 2001 City Commission Brian Shutt, Assistant City Attorney SUBJECT: Waterway Village Developer's Agreement This agenda item concerns a developer's agreement between the City and the developer of Waterway Village. This development is proposed to be located south of Lindell Boulevard and between Dixie Highway and Federal Highway. The development currently has site plan approval for a mixed use development of retail, office and residential. The essential terms of the agreement are as follows: The Developer shall contribute to the City the amount of $21,693.00 within 30 days of the execution of this Agreement. The City shall have its contractor compete items 3, 4 and 5 as listed on Exhibit "B" to the Agreement. By copy of this memo to the City Manager, our office requests that this item be placed on the March 20, 2001 City Commission agenda. Please call if you have any questions. CC: David Harden, City Manager Barbara Garito, Acting City Clerk Barron Caronite, Assistant City Engineer City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: Brian Shutt, Assistant City Attorney February 1,200'1 Waterway Village Developer's Agreement Please find attached the cost estimate to satisfy the developer's contribution to the required improvements of Lindell Blvd. as stipulated in the attached conditions of approval. Please draft an agreement with Olen Communities, Inc. so that the City may collect the funds and apply them to the Lindell Blvd. construction project. The unit prices are from the executed contract with Sonic Engineering under bond project 2000- 045. Sonic Engineering is currently under construction. Please feel free to call me if you have any questions at x7326. s:~engadmmV;ac~waterway vtllage~deYelopers agreement memo doc WATERWAY VILLAGE DEVELOPER'S AGREEMENT THIS AGREEMENT entered into this 2.9 day of /~;~gtt<¢~¥.., 200__/, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and OLEN COMMUNITIES, INC. (hereinafter referred to as DEVELOPER), provides as follows: WI-IEREAS, a project called Waterway Village is being developed along Lindell Boulevard between Dixie Highway and Federal Highway in Delray Beach; and WltEREAS, in order to accommodate the development, certain improvements shall be required for Lindell Boulevard; and WI-IEREAS, the DEVELOPER has agreed to pay the costs of such improvements in the amount of $21,693.00 for the items as shown on Exhibit "A"; and WI-IEREAS, as the CITY, or its contractor, is already doing work in this area constructing/installing infrastructure and making roadway improvements; and WHEREAS, the CITY, or its contractor, shall construct/install those items that are listed on the "Recommended Conditions of Approval" paragraphs 3, 4, 5 ~ att~]~/ hereto as Exhibit "B" NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the DEVELOPER and CITY hereby agree as follows: 1. INCORPORATION OF RECITALS. The above-stated recitals are incorporated as if fully set forth herein. 2. TIME TO MAKE PAYMENT. DEVELOPER shall present to the CITY, within 30 days of the execution of this Agreement by both parties, a cashier's check in the amount of $21,693.00 payable to the City of Delray Beach. 3. FA/LURE TO MAKE PAYMENT. If DEVELOPER fails to pay the required amount within the required time period, the CITY shall have all remedies available to it, in law or equity, as well as any other remedy the CITY may have against a developer for failure to abide by any condition of approval. 4. CITY RESPONSIBILITY. CITY, or its contractor, shall construct/install those items contained in the "Recommended Conditions of Approval", paragraphs 3, 4, 5 ~a~/// 5. CHANGE IN MATERIAL PRICE If the cost of the material, to the CITY, as listed on Exhibit "A" increases, the DEVELOPER shall be responsible for such increase in cost. 6. GOVERNING LAWS; VENUE Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 7. INTEGRATION; AMENDMENTS This Agreement constitutes the entire agreement and understanding of the parties. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. WITNF.~SES: "'ame Pr/,inted '-yped) ......"5" he ? L~ ~clor~ (Name Printed or Typed) STATE OF COUNTY OF OLEN By: NITIES, INC. le or print name) The foregoing instrument was acknowledged before me this .~:,,vff day of ,/~/~,c'.~{.', 200_/, by /~r~/< /-~.~. ~,..~-/, ,as (name of 6fficer or agent, tide 'of officer or agent), of OLEN COMMUNi¥IES, INC., a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced .. /c~f///'~ (type of identifi~cation) as i~fffffm-afiorc~. - CRISTII~ DEF~HI Signature of Notary Public tlO?~Y ~t.~ - STAT 05 ~ EXP~E$ 9/2/200,1 ATT~S?: CITY O~ DEI.,t~¥ BEACH By: By: City Clerk Mayor, David Schmidt Approved as to Form: By: ILj~'?3~'~x City Attorney EXHIBIT "A" cost breakdown to satisfy conditions of approval for improvements to Lindell Blvd. Between Dixie Hwy. and Federal Hwy. 3 1 Moblhzabon, Maintenance of Traffic & 1 ES. $2,720 00 $2,720.00 Cleanng and Grubbing 3 2 12" Compacted Subgrade 150 S.Y. $5.00 5750.00 3 3 12" Limerock Base 150 S.Y. $15.50 $2,325.00 4 4 1-1/2" Type S-3 Asphalt 150 S.Y. $4.80 $720.00 4 5 1" Asphalt Overlay 45 TON $53.00 $2,385.00 3 6 Type "D" Concrete Curb 1324 L.F. $9.50 $12,578.00 5 7 Pavement Markings & Striping 1 L.S. $215.00 $215.00 EXHIBIT "B" Recommended Conditions of Approval 1 That the applicant shall redesign the canal access feature ~f access ~s granted by the South Florida Water Management District, which can be rewewed as part of the s~te plan review process; That the apphcant shall construct a right turn lane, pursuant to FDOT standards, on southbound Federal Highway to accommodate traffic turning west onto Lindell Boulevard; That the applicant shall install pavement to accommodate 24' of pavement w~dth on both east and west bound Lindell Boulevard between the projects, Lmdell Boulevard entrance and Federal Highway; ~._.~That the applicant shall the two travel lanes (one eastbound and repave one westbound) from Federal Highway to the project's Lindell Boulevard entrance, which are to be used as a left turn lane into the project, and for eastbound Lindell Boulevard/northbound Federal Highway; That the applicant shall install striping, stop bars, direction arrows, etc. for the four lanes of Lindell Boulevard between the project's Lindell Boulevard entrance and North Federal Highway; That the applicant shall install improvements to the' Lipdell Bouievard median between Dixie Highway and Federal Highway to include landscaping, curbing, irngation, etc. as noted on the improvement plans submitted with the conditional use request; 7. That the conceptual plan shall be revised to correctly note the proposed density as 14.31 dwelling units per acre; That the off-site improvement plan be rewsed to incorporate the impr.ovements to the adjacent properties and that these improvements are completed prior to retease of the first Certificate of Occupancy for the project; That the applicant shall be responsible for the improvements to the adjacent properties and that these improvements are completed prior to release of the first Certificate of Occupancy for the project; 10. That the two billboards shall be removed within 60 days of the start of construction; 11 That the applicant shall submit a minimum of three design options for the "Welcome to Delray" sign and receive approvaI by the City Commission pnor to issuance of a building permit. The applicant shall be responsible for the installation of this s~gnage The plat shall include a sign tract dedicated to the City for maintenance access purposes; 12 That a cross access easement shall be provided across the Walgreen's prope~y for access by the res~denual aevelopment; That a site plan De suom~tted that ts in general conformance wltn the sketch plan and address the concerns and Tecnmcal Items contained wltnin the szaff repo~, and, That a m~x of snace and Royal Patm trees be provided along Lindell Boulevard and Federal H~ghway DE[RAY RAGUET CLUB MILLER SUCK?' BAE. E~ALL SCHOOL MORSE TRUCKS PONDAC TOYOTA DELRAY PLAZA ~J~:U-W DELRAY TOYOTA SA IDRN MOBILE DuI~AR PLAZA EA S T~4E~J MOBILE HOMES DEI. JTA Y SHOPPING CENTER CITY OF' BOCA RA tON a.~,NUE L 80C~ iSLE CDNDo PELICAN POINTS W/kTERWAY VILLAGE 03/02/01 FRI 16:51 [TX/RX NO 7890] [ITY DF DELR;lY BEI:IrH CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 AII.Ame,~ City 1993 DATE: March 5, 2001 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Acceptance of Easement Deed from Stephen Booth The following easement deed grants to the City the means to install/maintain a water main along the east side of the subject property. By copy of this memo to David Harden, our office requests that this item be placed on the March 20, 2001 City Commission agenda for acceptance. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, Acting City Clerk Barron Caronite, Asst. City Engineer Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PID#: 1243-46-20-13-005-0150 EASEMENT DEED THIS INDENTURE, made this ~.1 day of ~-2/~ ., 200~, by and between STEPHEN C. BOOTH, with a mailing address of 7510 Ridge Road, Fort Richey, FL 34668 party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Flor/da, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. Print Name: Print Name: STATE OF FLORIDA coowr OF The foregoing instrument was acknowledged before me this ~q I~/~ day of 200~1 by ~[J~cf) (~, ~;~ (name of person personally known to me or who has produced who did ~) take an oath. acknowledging), who is as.identification and Signature of Notary Public - State 2 SOUTH RIDGE ' '~ LOT '16 ~ L~(~T '~ LOT ,4- PR DPOSED 6 UT U~ ~EMENT ~ SC~: 1'=20' DOUGh, SS AVE. 6' UTILITY EASEMENT LEGAL ~E$CRIPTION: EAST 6 FEET OF LOT 15 OF SOUTH RIDGE SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDE~ IN PLAT BOOK 15, PAGE 59 OF TRE PUBLIC RECORDS OF PALM COUNTY, FLORI E~~ ~ ~P~~ EXHI BI T "A" 00-045 I:ITY OF DELRI:I¥ BEI:I£H CITY ATTORNEY'S OFFICE DELll^Y BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 AlI.Amedca City 1993 DATE: TO: FROM: MEMORANDUM March 5, 2001 City Commission Brian Shutt, Assistant City Attorney SUBJECT: Acceptance of Easement Deed from Mr. & Mrs. Ledbetter The following easement deed allows an electrical connection to be made from the lights in the parking lot, constructed by the CRA, located at the corner of NE 3rd Avenue and NE 12th Street, Seacrest neighborhood, to the nearest FPL electric drop. By copy of this memo to David Harden, our office requests that this item be placed on the March 20, 2001 City Commission agenda for acceptance. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, Acting City Clerk Sherry Johnson, CRA DELRAY BEACH February 28, 2001 R. Brian Shutt, Esq. City Attorney's Office 200 N.W. l't Avenue Delray Beach, Florida 33~.~ RE: Easement Deed Dear Mr. Shutt: The CRA has completed construction of several parking lots in the Seacrest Neighborhood. One of which is on the comer of NE 3'~ Avenue and NE 12~' Street. It was necessary to obtain an easement deed across the back yard of the Ledbetter's duplexes to reach the FP&L poles for electric drops. The Ledbetters have been kind enough to give us an Easement Deed. I'm forwarding an executed original and a copy of the survey for recording. If you have any questions, please feel free to contact me at (561) 276-8640. cc: Diane Dominguez, Executive Director 24 North Swinton Avenue · Delray Beach, Florida 33444 56 t-276-8640 · Fax 56!.-276-8558 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Defray Beach, Florida 33444 PID#: EASEMENT DEED THIS INDENTURE, made this ~,~ day of ,z-~_~,,,~_ff , 200~, by and between ,z-~z./cE ~. ,,~ ./~,~v,,b ~.. /-~'b~.~'7 :-z'-,e_ , with a mailing address of 740 ,v~3 7~ ~7-, .~e-z~,~ z~z~,,, fo. $~,~,,z,/ , party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WlTNESSETH: That the party of the first part, for and in consideration of the sm of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a fight of way and perpetual easement for the purpose off installation and maintenance of utilities with full and flee right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this fight is the further fight in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. PARTY OF THE FIRST PART STATE OF FLORIDA COUNTY OF ~Oa~,, ~-/ The foregoing instrument was acknowledged before me this o,O?~day of 200~, by /C-~v_/CE- ~. ~.~3~v/~ ~.. /~'-~z~---/E_ (name of person acknowledging), who personally known to me or ..u~.~.., ~--~,--,-',,,-'-,-u .... ~ .... as identification and who did (did not) take an oath. is (type of identification) Signature of Notary e of Florida 2 SKETCH OF DESCRIPTION LOT 7 BLOCK LOT J6 BLOCK 5 LOT 6, BLOCK 5 '.,--' EAST U~ LOT 7 111.00' 111.00' LOT j7, BLOCK 5 NOTES: THIS IS NOT A SURVEY ~ SOUTH LINE OF LOTS 5-7 IS ASSL/MED TO BEAR N.90°OO'OO"E. LOT 5, BLOCK 5 EAST ~ OF W~$T 5ELO' OF LOT 5, BLOCK 5 L SOUTH LA~ OF LOTS 5, 6 ~ 7 DESCRP lTON OF EASEMENT: THE SOUTH 5.0 FEET OF THE WEST 56.0 FEET OF LOT 5, THE SOUTH 5.0 FEET OF LOT 6 ANO THE SOUTH 5.0 FEET OF THE EAST 5.0 FFET OF LOT 7, 8LOCK 5, DELL PARK, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 8, PAGE 56, PUBLIC RECOROS OF PALM 8EACH COUNTY, FLORtOA. OROER NO. 99-97"EA" EXHIBIT "A " S'-/EET 1 OF t PAUL O. E,"~C.LE Y SURVEYOR ANO IvlAP~ER //5708 DA TE: DEC. 19, 2000 O'BRIEN, SUITER ~ O'8RIEN. INC CER TIFICA TE OF AUTHORIZATION i~LB,35,.,T SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAUL O. ENGLE 2601 NORTH FEDERAL HIGHWAY DELRA Y BEACH FLORIDA 3348J (560 276-4501 (561) 752-J279 [lTV OF DELRFI¥ BEFI[H CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line' 561/243-709I 1993 DATE: TO: FROM: MEMORANDUM March 12, 2001 City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Pineapple Grove Brick Paver Sidewalk Agreements and Easements In conjunction with the work being performed in the Pineapple Grove Special Assessment District the City has requested that certain property owners execute construction agreements to allow the City's contractor to go onto their private property and construct/install brick paver sidewalks. The City has also requested easements from these same property owners to permit the City, in the future, to go onto their private property and maintain the brick paver sidewalk if necessary. The property owners that were requested to execute these agreements were asked to do so as their building front was set back from the sidewalk and by adding the brick pavers it not only would provide continuity in the area but would integrate the buildings into the streetscape. I have attached a copy of the sample construction agreement and we would ask that you approve this standard agreement and allow the City Manager to enter into and execute the agreements on behalf of the City. We have sent these agreements to ten property owners for their signature. If the agreement is changed in any substantial way we will bring it back before you. We are also requesting the property owners sign easement deeds to allow the City to go onto their private property for future maintenance of the brick paver sidewalk. I have also attached a standard easement deed form and would request that the City Commission permit the City Manager to accept, on behalf of the City, the executed form easement deeds that are submitted by the property owners for this project. Our office would request that this item be placed on the March 20, 2001 City Commission agenda. Please call if you have any questions. Attachments cc: Barbara Garito, Acting City Clerk Barton Caronite, Asst. City Engineer BRICK PAVER SIDEWALK CONSTRUCTION AGREEMENT PINEAPPLE GROVE WAY BEAUTIFICATION PROJECT PROPERTY OWNER: THIS AGREEMENT entered into this day of , 2001, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "City"), and (hereinafter referred to as "Owner"), provides as follows: WHEREAS, the City desires to complete sidewalk construction and/or modifications associated with the above-named project, which is located at the property described below; and, WHEREAS, the City has determined that the improvements are necessary to protect the public health, safety and welfare; and, WHEREAS, in order to complete said sidewalk construction, it is necessary for the City to enter upon and perform various construction tasks on the following described property: See Exhibit "A" and; WHEREAS, as part of this project, the City will install/construct brick pavers over that area described above. NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to conduct the aforesaid restoration, Owner hereby grants unto the City, their employees, agents, contractors, sub-contractors, and/or assigns the license the right to enter upon said land of Owner for the purpose of constructing the project. 1. Owner agrees to allow City and their representatives and assigns to construct a brick paver sidewalk on the property described above and in accordance with the construction plans on file with the City Engineer. 2. The subject brick paver sidewalk may be constructed to the threshold of the building(s) situated on the above described property. The details and methods of construction, including, but not limited to, surface treatment and grade of the subject sidewalk shall be at the discretion of the City. 3. The City shall be responsible for its operations upon the subject property in accordance with the contract documents, bonds and insurance provided by contractors. 4. Owner further agrees to execute a permanent easement, at this time, in favor of the City to allow for future maintenance of the brick paver sidewalk. (See Exhibit "B"). 5. Owner will continue to be responsible for their own negligence upon the above described property. 6. Owner certifies that the person(s) executing this agreement are the fee simple title holders to the above described property or are officers with sufficient authority to execute such agreements on behalf of their corporation or partnerships pursuant to the document attached hereto. (Please attach power of attorney or corporate resolution). IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this ~ day of ,2001. WITNESSES: OWNER(S): Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH By: Print Name: By: Print Name: The foregoing instrument was acknowledged before me this day of ,2001 by (name of officer or agent), title of officer or agent, of (name of corporation), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced identification (type of identification) as identification and (did/did not) take an oath. Signature of Notary Public- State of Florida ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to Form: By: David T. Harden City Manager By: City Attorney Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 of EASEMENT DEED THIS INDENTURE, made this day of , 200_, by and between , with a mailing address , party of the fn:st part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of a public brick paver sidewalk with full and free right, liberty, and authority to enter upon and to install, and maintain the brick paver sidewalk well under, across, through and upon, over, or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the second part agrees that if the party of the first part, its successors or assigns, construct or improve the above-described property, the party of the second part shall amend this easement to void that area that has been improved or constructed upon from this easement. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original or like condition without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: PARTY OF THE FIRST PART (name printed or typed) WITNESS//2: By: Print Name: (address) (name printed or typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ day of , 2~__, by , as (name of officer or 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 (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped 2 CITY OF DELRI:IY BEI:II:H CITY ATTORNEY'S OFFICE DELRAY BEACH F L 0 g I D A 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's D~rect Line: 561/243-7091 AlI.Amedca City 1993 DATE: TO: FROM: March 12, 2001 City Commission David Harden, City Mana..ger Brian Shutt, Assistant City Attorney SUBJECT: Pineapple Grove Brick Paver Sidewalk Agreement - Myers The City has requested that certain property owners in the Pineapple Grove Special Assessment District execute construction agreements and easements to allow the City to install brick pavers on their property in order to provide for the continuity of the brick paver sidewalks being installed on the City right-of-way. Mr. Myers, who owns the property at 181 N.E. 2nd Avenue, has refused to sign the easement deed. The property has 19 feet of frontage along N.E. 2nd Avenue. Mr. Myers has consented to sign the attached agreement, which is different than the standard form brick paver sidewalk construction agreement in that the City shall only be allowed to construct the brick pavers to within 2 feet of the building front and the owners shall not be required to execute an easement deed allowing the City entry onto the property in the future. Our office would request that this item be placed on the March 20, 2001 City Commission agenda. Please call if you have any questions. Attachment CC: Barbara Garito, Acting City Clerk Barron Caronite, Asst. City Engineer BRICK PAVER SIDEWALK CONSTRUCTION AGREEMENT PINEAPPLE GROVE WAY BEAUTIFICATION PROJECT PROPERTY OWNER: Warren J. Myers & Patricia A. Healy-Golembe 19 Andrews Avenue Delray Beach, FL 33483 THIS AGREEMENT entered into this day of , 200_, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "City"), and WARREN J. MYERS & PATRICIA A. HEALY-GOLEMBE, (hereinafter referred to as "Owners"), provides as follows: WHEREAS, the City desires to complete sidewalk construction and/or modifications associated with the above-named project, which is located at the property described below; and, WHEREAS, the City has determined that the improvements are necessary to protect the public health, safety and welfare; and, WHEREAS, in order to complete said sidewalk construction, it is necessary for the City to enter upon and perform various construction tasks on the following described property: See Exhibit "A" and; WHEREAS, as part of this project, the City will install/construct brick pavers over that area described above. NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to conduct the aforesaid restoration, Owners hereby grant unto the City, their employees, agents, contractors, sub-contractors, and/or assigns the license the right to enter upon said land of Owners for the purpose of constructing the project. 1. Owners agree to allow City and their representatives and assigns to construct a brick paver sidewalk on the property as shown on Exhibit "A" and in accordance with the construction plans on f'fle with the City Engineer. 2. The subject brick paver sidewalk may be constructed to within 2 feet of the threshold of the building(s) situated on the above described property. The details and methods of construction, including, but not limited to, surface treatment and grade of the subject sidewalk shall be at the discretion of the City. 3. The City shall be responsible for its operations upon the subject property in accordance with the contract documents, bonds and insurance provided by contractors. 4. Owners will continue to be responsible for their own negligence upon the above described property. 5. Owners certify that the person(s) executing this agreement is/are the fee simple title holders to the above described property or are officers with sufficient authority to execute such agreements on behalf of their corporation or partnerships pursuant to the document attached hereto. (Please attach power of attorney or corporate resolution). IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this ~ day of Print l~:f Personally Known ,200 . OWNER(S): PrintName: [~4rre~c t ~ t~ The foregoing insmament was acknowledged before me this ,200_[/, by WARREN J. MYERS (name of person acknowledging). SignatUre of Florida Print, Type, or Stamp Commi~ioned Name of Notary Public y/' OR Produced Identification Type of Identification Produced: day of ! O.~'_ Z)¢. GATHERINll ~ ~ ~ CC7S468S 2 STATE OF t~/o,- i cJo~ COUNTY OF ?o~ l~,,-~ I~QCK The foregoing instrument was acknowledged before me ~/or ~r~/ , 200_/_, by PATRICIA A. ItEALY-GOLEMBE acknowledging). this ~ ! ~ day of (name of person Signature 'o't"/qotary Print, Type, or Stamp CommiSsioned Name of Notary Public Personally Known / OR Produced Identification Type of Identification Produced: ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Approved as to Form: By:. City Attorney David T. Harden City Manager N.E. 2ND AVENUE WARREN d. MYERS & PATRICIA A. HEALY-O~ PCN:I 2-43-46-16-01-083-022 C of DELRAy BEACH MYERS E~N~AL SER~CES D~~~ PR OPER ~ ~ ~.~ ~ ~ ~. ~ SI DEWALK EXHIBIT 99-059 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~/" ~'- REGULAR MEETING Of MARCH 20, 2001 AGREEMENT FOR SIDEWALK IMPROVEMENT/DALE E. POPIK MARCH 16, 2001 The attached agreement is between the City and Dale E. Popik, owner of 964 Cypress Drive, to allow the waiver of the requirement to construct a sidewalk within the right-of-way in front of his property until such time as the City requests the sidewalk to be constructed. Currently there are no sidewalks on any of the cul-de-sac streets within Tropic Isles Subdivision and there are not plans at this time to install sidewalks. Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk improvements until such time as the City requests the sidewalk to be constructed. Ref'dkgrnemo22.SidewalkWaiver Request.3-20-01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden Randal L. Krejcarek, P.E.,~~--~ 14-Mar-01 City Commission Agenda Item Sidewalk Deferral Request 964 Cypress Drive The attached agenda item is a request for a deferral of sidewalk installation in front of 964 Cypress Drive. This lot is a single family residential lot located just east of Spanish Trail, in Tropic Isles Subdivision. There currently are no sidewalks on any of the cul-de-sac streets within Tropic Isles Subdivision. Although a sidewalk may be installed at some point in the future, there are no plans to install a sidewalk on any of the cul-de-sac streets within Tropic Isles Subdivision. Therefore, I am supporting the developer's request to have the sidewalk in front of 964 Cypress Drive deferred. The attached map indicates the location of this sidewalk deferral. Please place this item on the 20 March 2001 Commission Agenda. Thanks. enc cc Richard Hasko, P.E. file S:~EngAdmintLetters~RLl~SIDEWALK~964 cypress deferral agenda memo 20marOl.doc 964,CYPRESS! DR!VE ~ ,';_' ~ .- ..... t .... CYPRESS DRIVE '. ~ ~; ~ :-~ L'-~''-' ~ ~ '~ ; ~ ~ ' FERN DRI~ .... J~ Cl~ of DELRAY BEACH SmDEWALK DEFFERAL REOUEST E~NME~AL 8E~CE8 ~P~E~ 964 CYPRESS DRIVE 71~9~ ~ ~ ~ ,~ ~ ~ ~ ~ 2001-200 Prepared By: RETURN TO: R Bt inn Shutt, E~. City A.,tomey's OFfice 200 N.W. 1st Aveuue Deiray Beach, Flor:da 33444 AGREEMENT FOR SIDEWALK ~IPROYEMENTS THIS AGREEMENT emered ~to this /~-/ day of between the City of Delray Beach (here~na~er the CID') and (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along 9'~ ~y'/~,q~ ~. until such time as the City. requests the construction of the sidewalk by the Owner. WHEREAS. Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the ~'~0.~o2" right-of-way inunediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, ~e Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conI'ormity along the street the City Conardssion voted to waive ~e requiremem for the installation of a sidewalk until such time as the Ci~ requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, m witness of the above and in consideration of the City agreeing to waive the requirement for the inslallafion of a sidewalk, at this time, for the property located at: 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the tg',~o.a,)7- right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Dekay Beach. 2. It is the intern of the parties that this Agreement s?tall run w~.t[', the land. This Agreement shall be recorded in the public records of Palm Beach Coun .ty, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set ~keir hands and seals this · day of ATrEST: ,2000. City Clerk Approved as to form and sufficiency. CITY OF DELRAY BEACH, FLORIDA By: Mayor City Attorney 2 ~q-'.~dSES: J (Please type or print ndme) (Please type or print name) STATE OF COUNTY OF OWNER: The foregoing instrument was aclcnowflqdged before me this [~d~day of f"f~t.12.¢ , 2000 by ~')C-~ p (_~. ~~ (name of officer or agent), of (name of corpo~ati6n), a ~~__ (State or place of incorporation) corporation, on behalf of the corporation. I~h~ohal.y known to me or has produced (type of identification) as identification and did/did not take an oath. ~..~47~ MY COMMISSION # CC 830414 Si~hature.~f Nqtary Publi~ - agtt skJcw',d.k de[~rral agre-.ment Agenda Item No. o°'/~' Request to be placed on: X Regular Agenda ~ Special Agenda __ Workshop Agenda AGENDA REQUEST Date: 14 March 2001 VVhen: 20 March 2001 Description of item (who, what, where, how much): Approval/authorization for Mayor to sign sidewalk deferral agreement for 964 Cypress Drive in Tropic Isles Subdivision. ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval. Department head signature: ~_~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recomm, endation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO NA Funding alternatives Not applicable Account No. & Description Not applicable Account Balance Not applicable (if applicable) City Manager Review: ApprovedHold Until:f°r agenda: (~/NO ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ttESSRVOO2tDEPARTMENTS~EngAdrninV_ettersiRLK~SIDEWALK~964 cypress deferral agenda 20marOl.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~>~.- REGULAR MEETING Of MARCH 20~ 2001 AGREEMENT FOR SIDEWALK IMPROVEMENT/GERSON BAITEL MARCH 16, 2001 The attached agreement is between the City and Gerson Baitel, owner of 714 SE 9th Street located within the Rio Del Ray Shores Subdivision, to allow the waiver of the requirement to construct a sidewalk within the right-of-way in front of his property until such time as the City requests the sidewalk to be constructed. The existing radius of the cul-de-sac and the edge of pavement are both 30 feet. This leaves no room for installation of a sidewalk within public right-of-way, therefore, staff is supporting the developer's request. In addition, the street is only about 200 feet long with only seven homes on it, and is a dead end. When and if a sidewalk is installed, the City will have to obtain an easement from the property owner. Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk improvements until such time as the City requests the sidewalk to be constructed. Ref'~grnemo22.SidewalkWaiver Request. SE 9th-3-20-01 Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33ddd AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this 13 of ~,1 between the City of 9 Delray Beach (hereinat~er the City) and (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the right-of-way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver fi:om the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)Co); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall nm with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this ~ day of ATTEST: City Clerk Approved as to form and sufficiency: .,2000. CITY OF DELRAY BEACH, FLORIDA By: Mayor City Attorney (Please type or print name) By: ~ 2 (Please type or print name) COUNTY OF , The foregoing instmmem was acknowledged before me this ./.~ day of ~&~ ~ ,2000 by ~a-r~x ~ex ! .~.s_~ (name of officer or agent), of (name of corporation), a (State or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identificatign) as identification and did/did Signamre~otar~ ~ublic~-°' - "~'-~ ~ State of (SEAL) City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden Randal L. Krejcarek, P.E. 14-Mar-01 City Commission Agenda Item Sidewalk Deferral Request 714 SE 9t~ Street The attached agenda item is a request for a deferral of sidewalk installation in front of 714 SE 9th Street. This lot is a single family residential lot located just east of SE 7th Avenue, in Rio Del Ray Shores Subdivision. The existing radius of the cul-de-sac and the edge of pavement are both 30 feet. This does not leave any room for installation of a sidewalk within public rights-of-way. When and if a sidewalk is installed, the City will have to obtain an easement from the property owner. Therefore, I am supporting the developer's request to have the sidewalk in front of 714 SE 9th Street deferred. The attached map indicates the location of this sidewalk deferral. Please place this item on the 20 March 2001 Commission Agenda. Thanks. enc cc Richard Hasko, P.E. file S'tEngAdminV_ettersIRLl~SIDEWALK~segst deferral agenda memo 20marOl.doc ST. ..... S'T : l ST. I~-, : , . 1 ........ l . f , , S.E. BTH~ST' ~4 8.E. 0TH 8T.W Z ~ Cl~ of DELRAY BEAOH S~gEW~LK DEFFERAL REQUEST DA~'~-~.-0~ B~E~ALSE~OE8 DEP~E~ 714 S.E. gTH STREET ~ ~ ~ ~ ~ ~ ~ ~ 2001-20C Agenda Item No. 0¢~ Request to be placed on: X Regular Agenda ~ .Special Agenda ~ Workshop Agenda AGENDA REQUEST Date: 14 March 2001 When: 20 March 2001 Description of item (who, what, where, how much): Approval/authorization for Mayor to sign sidewalk deferral agreement for 714 SE gh Street in Rio Del Rey Shores Subdivision. ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT ATTACHED YES/NO Recommendation: Staff recor~nd~.~f~irova~.], Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO NA Funding alternatives Not applicable Account No. & Description Not applicable Account Balance Not applicable City Manager Review: (~O~,/~ Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved (if applicable) ~ESSRVOO2~DEPARTMENTStEngAdminV_etters~RLK~SIDEWALI~se9st deferral agenda 01marOl.doc TO: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER~-~~.~/?. PAUL DORLING, DIRECTOR OF PLA~IN~I~~ZONING MEETING OF MARCH 20, 2000 ***CONSENT AGENDA *** APPROVAL OF MODIFICATIONS TO FOR FUNDING RELATED TO NOURISHMENT PROJECT DEP CONTRACT NO. 99PB2, THE YEAR 2001 BEACH The action requested of City Commission is that of approving modifications to DEP Contract No. 99PB2 between the City and the Florida Department of Environmental Protection (DEP) for the state's cost sharing of the upcoming Beach Nourishment Project. I I ~ I I [[ II I I [ I IIIII I I I I I I II Itl I ri 11111 I[11111 III IIII III IIIIIII F II [ III II F I I I i ~i /l IIIII The current DEP Contract 99PB2 was approved by 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 period runs from its execution date to August 1, 2003 and covers the state's share of sand placement and related tasks through the year 2002. The proposed modifications to the contract reflect an increased reimbursement rate of 80.3% for certain tasks that were completed prior to its execution. These tasks were completed under a previous contract (C-7115) for which appropriation monies are no longer available. Minor changes are also proposed to amend references to state personnel named in the contract. Items previously referenced in the contract as "exhibits" have now been changed to "attachments". The contract has been reviewed and approved as to legal sufficiency and form by the City Attorney. By motion, approve the modifications to DEP Contract # 99PB2 between the City of Delray Beach and the Florida Department of Environmental Protection (DEP), for the state's cost sharing of the upcoming Beach Nourishment Project. Attachments: · Contract #99PB2 · Proposed modifications S:~.adv~beach~ccdoccontract01 DEP Contract No. 99PB2 Amendment No. 1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF BEACHES AND COASTAL SYSTEMS FLORIDA BEACH EROSION CONTROL PROGRAM Project Agreement Amendment THIS AGREEMENT as entered into the twenty-first day of January, 2000, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and City of Delray (hereinafter referred to as the "LOCAL SPONSOR") is hereby amended as follows: --Paragraph(s) 5, 6, 7, 8, 19, 22, and 24, are hereby revised to read as follows: 5. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are: Task ~ Eligible PROJECT Items ESTIMATED PROJECT COSTS Federal State Local Total 1.0 Design and Permitting 1.1 Design $71,820 $27,840 $27,840 $127,500 1.2 C-7115 $0 $73,985 $18,182 $92,167 2.0 Construction $3,118,204 $1,134,714 $1,134,714 $5,387,632 3.0 Monitoring $352,780 $136,735 $136,735 $626,250 TOTAL $3,542,804 $1,373,274 $1,317,471 $6,233,549 6. The DEPARTMENT's financial obligation shall not exceed the sum of $1,373,274 for this PROJECT or up to 50 percent of the non-federal PROJECT cost for the specific eligible PROJECT items 1.1, 2, and 3, 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 the above eligible PROJECT items listing 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 PROJECT costs shall be provided through amendments to this Agreement. 7. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Funding for this PROJECT is subject to the release of funds appropriated to the DEPARTMENT for the fiscal year 1998-99 and 1999-00. 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. 8. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment ~B" "Funding Eligibility', attached hereto and incorporated herein by reference, for beach use throughout the life of the PROJECT, defined as 8 years. 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. 19. The DEPARTMENT's Project Manager for all technical matters is Jacqueline Thompson and the Department's Contract Manager for all administrative matters is C. Tony Tucker, or their successor. All matters shall be directed to the appropriate persons for action or disposition. DEP Project Agreement No. 99PB2, Amendment No. 1, Page 1 of 3 22. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR Paul Dorling 100 Northwest Is= Avenue Delray, Florida 33444 (561) 243-7321 DEPARTMENT C. Tony Tucker, Contract Manager Department of Environmental Protection Office of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 (850) 487-1262, ext. 192 24. In addition to the requirements of Paragraph 23 of this Agreement, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment ~F", 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". 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 Contract Manager to request a copy of the updated information. --Ail references to Exhibit(s) A, B, C, D, and E are hereby deleted in their entirety and replaced with Attachment(s) A, B, C, D and E, respectively, which are attached hereto and incorPOrated herein by reference. --Exhibits A, B, C, D, E, and F, respectively, are hereby deleted from the Agreement. --Attachments A, B, C, D, E, and F 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. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK DEP Project Agreement No. 99PB2, Amendment No. 1, Page 2 of 3 IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed, the day and year last written below. CITY OF DELRAY BEACH DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: ' Mayor or Designee* Date: Secretary or designee Date- APPROVED AS TO FORM AND LEGALITY: DEP Attorney *If someone other than the Mayor signs the project agreement, a resolution, statement or other documentation authorizing that person to sign the.agreement on behalf of the County must accompany the agreement. List of Attachments/Exhibits included as part of this Amendment: Specify Letter/ Type Number Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Description (include number of pages) Scope of Work (2 pages) Funding Eligibility (1 page) Payment Request Forms (2 pages) Progress and Financial Reporting Forms (2 pages) Project Completion Certification (1 page) Special Audit Requirements (5 pages) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Project Agreement No. 99PB2, Amendment No. 1, Page 3 of 3 ATTACHMENT A SCOPE OF WORK Delray Beach Nourishment Project The PROJECT shall be conducted in accordance with the terms and conditions set forth under any and all permits related to this 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. Engineering and Design Professional services required for the preparation of plans and specifications. These services include the use of subcontractors such as surveyors, geotechnical services, aerial photographic services, property appraisers, etc. Item 1.2 is 80.3 percent eligible in order to reimburse the City for work completed and retainage not released under C-7115 after the inadvertent reversion of C-7115 funding. Construction Work performed and costs incurred associated with the placement of fill material within the project area. EliGible costs include mobilization, demobilization, beach fill, tilling and scarp removal. A 4staila4 4ascription o£ constz~ctionmetho4s, speci£ications, ana timelines, must be su]~tte4 to the Department an4 approve4 in writ$__ng prior to initiation o£ construction activities. Construction shall be conducted in accordance any and all permits related to this project. Monitoring A monitoring plan shall be developed consistent with the requirements specified in any permits issued by the Department. The plan shall consist of: 1. topographic and bathymetric profile sur~eys, 2. bathymetric surveys of the borrow area, 3. post construction sediment samples, 4. marine turtle nesting activity, and 5. compaction surveys. The 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. Project Deliverables A. Reports - Unless otherwise noted above, five copies of all written reports developed under this Agreement shall be forwarded to the Department upon completion of the project. Additional Data - Two sets of all data (i.e., aerial photography, survey data, etc.) developed as a result of this AGreement shall be provided to the Department upon completion of the project. Co Schedules- Project schedules shall be submitted concurrently with quarterly progress reports and shall be provided in .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. A cop~ o£ the Bids and construction conbracb, including a detailed sco~a o£ work, shall be suba~tted to the DRPAR~pr~or to ~n~t~at~on of an~ task. Attachment A, DEP Project Agreement No. 99PB2, Amendment No. 1, Page 1 of 2 Data Development All data developed as a result of this Agreement shall be developed in accordance with standard formats acceptable to the Department. Survey work to be performed shall meet the minimum technical standards for surveys in accordance with Chapter-61G-17, Florida Administrative Code. All monumentation set or points of origin established shall be based upon those control markers designated on the most recently recorded legal description of the Coastal Construction Control Line, except that any First or Second Order federal or state horizontal control marker may be used to establish or confirm position and direction and any First, Second, or Third Order federal or state vertical control marker shall be used to establish or confirm elevation. G.P.S., Traverse, and Level Loop information shall be adjusted by Compass, Crandell, or Least Square Method. Detailed field notes and computation records shall be kept of the survey and copies shall be made available to the Department upon request. Abstracts of all monumentation or points of origin shall be submitted in digital form and contain at a minimum all field requirements for the Department's Monument Information Tracking System. All profile data shall be submitted in digital form and conform to the standard formats acceptable to the Department. All information sub~itte4 shall also be in electronic £ormat, an~ shall be base~ on the 1983/1990 North AmericanDatuman~ State Plane Coordinate system. This information shall be submitted in a .DXF format. Attachment A, DEP Project Agreement No. 99PB2, Amendment No. 1, Page 2 of 2 ATTACHMENT B FUNDIN~ ELIGIBILITY DELRAY BEACH NOURISHMENT PROJECT Project Boundary: R175 to R189 Approximate Shoreline Length: 14,410' Public Access Delray Public Beach Sandoway Park Anchor Park Atlantic Dune Park* Publicly Accessible Areas 330' South of R175 to 500' South of R188 Total Eligible Shoreline Length: 14,410' Total Project Shoreline Length: 14,410' Percent Eligible for State Fun~ing: 100~ Parking Spaces 221 124 84 112 Attachment B, DEP Project Agreement No. 99PB2, Amendment No. 1, Page 1 of 1 ATTACHMENT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART I Name of Project: Delra¥ Beach Nourishment Grantee: City of Delra¥ Beach DEP Contract Number: Billing Number: Billing Period: 99PB2 Costs Incurred This Payment Request Total Cost Contractual State Share Local Share Cost S,,mmary State Funds Obligated Less Previous Payment Less This Payment Less Retainage (10%) Less Previous Retained State Funds Remaining $ 1,373,274 Local Funds Obligated Less Previous Credits Less This Credit Local Funds Remaining $ 1,317,471 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 Coastal System's 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 C, DEP Project Agreement No. 99PB2, Amendment No. 1, Page 1 of 2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM FOR PAYMENT - PART .II Name of Project: Delray Beach Nourishment_ Grantee: City of Delray Beach DEP Contract Number: 99PB2 Billing Number: Billing Period: S,,---!~y of Znvoices Date of Invoice Amount of Task Check Amount Invoice Number Invoice # Name of Vendor Number Paid Vendor Certi£ication: I certify that the purchases noted above were used in acc~m~lis~ng the project; ~ t~at invoices, check vouchers, copies o£ 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 Proj. Administrator Signature of Project Administrator Date Name of Proj. Financial Officer Signature of Project Financial Officer Date Attachment C, DEP Project Agreement No. 99PB2, Amendment No. 1, Page 2 of 2 ATTACHMENT D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM Name of Project: Delra¥ Beach Nourishment_ Grantee: City of Delra¥ DEP Contract Number: Quarterly Report Period: 99PB2 · t&tum o£ Eligible Project It~.: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) DESIGN AND PERMITTING 1.1 Design 1.2 C-7115 2. CONSTRUCTION 3. MONITORING Attachment D, DEP Project Agreement No. 99PB2, Amendment No. 1, Page 1 of 2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM QUARTERLY FINANCIAL REPORT Name of Project: Delray Beach Nourishment Grantee: City of Delray DEP Contract Number: Quarterly Report Period: 99PB2 Project Expenditures Costs Incurred Costs Incurred Total Funds Eligible Project Items This Quarter to Date Obligated Design and Permitting Design $ $ $127,500 C-7115 $ $ $92,167 Construction $ $ $5,387,632 Monitoring $ $ $626,250 TOTAL $6,233,549 Attachment D, DEP Project Agreement No. 99PB2, Amendment No. 1, Page 2 of 2 ATTACHMENT E FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM PROu-ECT ~O~PLETZON CERTZFZC~T~ON Name of Project: Delra¥ Beach Nourishment_ Grantee: City of Delra¥ DEP Contract 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 Prg~ect Signature of Project Date Administrator Administrator Attachment E, DEP Project Agreement No. 99PB2, Amendment No. 1, Page 1 of 1 ATTACHMENT F FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of Environmental P~otection (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 section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see ~AUDITSm below), monitoring procedures may include, hut not be lim/ted to, on-site visits by Department staff, 14m{ted scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to co~ly and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environment1 Protection determines that a limited scope audit of the recipient is a~ropriate, the recipient a~rees to co~ly with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to co~ly mx~ cooperate with ~ny inspections, reviews, investigations, or audits deemed necessary by the C~troller or Auditor ~eneral. AUDITS PA~T X: 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. 1. 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 funds received from 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 OMB Circular A-133, as revised, will meet the requirements of this part. 2. 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. 3. 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 funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.~ov/cf~a. Attachment F, DEP Project Agreement No. 99PB2, Amendment No. 1, 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. 1. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) 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 rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded through the Department of Environmental Protection by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Environmental Protection, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 2. 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 reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. If t~e recipient expends less than $300,000 in State awards 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 awards 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 non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the website for the Governor's Office of Planning and Budget located at http://www.eog.state.fl.us/ for assistance. In addition to the above website, the following websites may be accessed for information: Legislature's Website htt~://www.le~.state.fl.us/, Governor's Website http://www.fl~ov.com/, Department of Banking and Finance's Website http://www.dbf.state.fl.us/, and the Auditor General's Website htt~://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State agency must arrange for funding the full cost of such additional audits. This part would be used to specify any additional audit requirements imposed by the State agency that are solely'a matter of that State agency'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).) PART IV~ REPORT ~UBMISSION 1. Copies of audit reports 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: Attachment F, DEP Project Agreement No. 99PB2, Amendment No. 1, Page 2 of 5 A. The Department of Environmental Protection at each of the following addresses: C. Tony Tucker, Contract Manager Flori~ Department of Environmental Protection Office of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS300 Tallahassee, Florida 32399-3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2~00 B. 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 Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), 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 letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: C. Tony Tucker, Contract Manager Flori~ Department o£ Environmental Protection Office of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS300 Tallahassee, Florida 32399-3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 3. Copies of 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: C. Tony Tucker, Contract Manager Florida Department of Enviro~ment&l Protection Office of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS300 Tallahassee, Florida 32399-3000 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: Attachment F, DEP Project Agreement No. 99PB2, Amendment No. 1, Page 3 of 5 State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 4. 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: C. Tony Tucker, Contract Manager Flori4a Department of Environmental Protection Office of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS300 Tallahassee, Florida 32399-3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 5. 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 ~cordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence-accompanying the audit report. PA~T V~ I~ECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of 3 years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, 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, 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, DEP Project Agreement No. 99PB2, Amendment No. 1, Page 4 of 5 0 4J o MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM ~- f - REGULAR MEETING OF MARCH 20, 2001 RESOLUTION NO. 25-01 (REQUESTING THE UNITED STATES ARMY CORPS OF ENGINEERS TO IMPLEMENT AN EMERGENCY DEVIATION OF WATER CONSERVATION AREA #1) DATE: MARCH 16, 2001 Before you for approval is Resolution No. 25-01 requesting the United States Army Corps of Engineers to implement an emergency deviation from the Water Conservation Area #1 (WCA#1) regulation schedule to 11.00 feet NGVD during the South Florida Water Management District declared water shortage. The WCA #1 regulation schedule has a minimum water level for WCA #1 of 14.0 feet NGVD, below which no water deliveries can be released without supplemental deliveries from Lake Okeechobee. The City of Delray Beach's water supply relies upon water from WCA#1. With the South Florida Water Management District (SFWMD) declared water shortage, impacts are paaxicularly significant to the urban and agricultural water supply in the City. The lower east coast water supply region is currently in a SFWMD declared water shortage; Lake Okeechobee supply side management water supply cutbacks are in effect; and the WCA#1 is below 14.00 feet NGVD. An emergency deviation for the WCA#1 to 11.0 feet NGVD would provide approximately 24,000 acre feet of additional water, the equivalent of 20 days of water supply for southeastern Palm Beach County and northern Broward County during the declared water storage. Recommend approval of Resolution No. 25-01, with direction to the City Clerk to provide copies of this resolution to the appropriate parties. Ref:Agmemo 14 .Res .25 -01WaterConservation3 -20-01 RESOLUTION NO. 25-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE UNITED STATES ARMY CORPS OF ENGINEERS TO IMPLEMENT AN EMERGENCY DEVIATION FOR THE WATER CONSERVATION AREA NUMBER ONE TO 11 FEET NGVD DURING THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT DECLARED WATER SHORTAGE; DIRECTING THE CITY CLERK TO PROVIDE COPIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the U.S. Army Corps of Engineers (Corps) operates the regulation schedule for Water Conservation Area gl (WCA#1); and WHEREAS, the WCA#1 regulation schedule, has a minimum water level for WCAgl of 14.0 feet NGVD, below which no water deliveries can be released without supplemental deliveries from Lake Okeechobee; and WHEREAS, the City of Delray Beach's water supply relies upon water from WCA#1; and WHEREAS, the South Florida Water Management District (SFWMD) declared water shortage impacts are particularly significant to the urban and agricultural water supply in the City of Delray Beach; and WHEREAS, the lower east coast water supply region is currently in a SFWMD declared water shortage; Lake Okeechobee supply side management water supply cutbacks are in effect; and the WCA#1 is below 14 feet NGVD; and WHEREAS, the City of Delray Beach supports the Lake Worth Drainage District request for an emergency deviation for WCA#1 to 11.0 feet NGVD during the SFWMD declared water shortage; and WHEREAS, an emergency deviation for WCA#1 to 11.0 feet NGVD would provide approximately 24,000 acre feet of additional water, the equivalent of 20 days of water supply for southeastern Palm Beach County and northern Broward County during the declared water shortage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby requests the Corps implement an emergency deviation from the WCA#1 regulation schedule to 11.0 feet NGVD during the SFWMD declared water shortage; and Section 2. of this resolution to the appropriate parties. Section 3. That this resolution shall be effective immediately upon adoption. PASSED AND ADOPTED in regular session on the __ day of That the City of Delray Beach City Clerk's Office is hereby directed to provide copies ,2001. ATTEST: M A Y O R City Clerk 2 RES. NO. 25-01 LAKE WORTH DRAINAGE DISTRICT 13081 MlUTARY TRAIL OELRAY BEACH, FLORIDA 33484 C. Stanley Waav~r John I. Whltworlfl III Murray R. Kllleh ~ I.. Crone Perry & Schone, RA. March 1, 2001 Dear Intereste~l Party: Lake Worth Drainage District has recently requested from the U.S. Army Corps of Engineers, a deviation from the Conservation Area No. 1 (CA1) regulation schedule (See Attached). Cturenfly, the elevation at which water cannot be withdrawn from CA1, is 14.0' NGVD (without an equal volume inflow from Lake Okeechobee). By the time you receive this letter, CA1 will have dropped to the minimum elevation. Lake Worth Drainage. ~District requests your participation in this matter. The District is requesting that all municipalities that benefit from the LWDD recharge component, as well as Palm Beach County, pass a resolution supporting the attached letter requesting a temporary deviation to elevation 11.0' NGVD. This additional water will help ease the hardship, but we must emphasize this is not a cure. You must do your part to get your constituency to CONSERVE water. This precious resource is finite and must be guarded carefully. We are faced with a very serious situation and the people must be made aware. If you have any questions, please call. Sincerely, LAKE WORTH DRAINAGE DISTRICT William G. Winters Manager WGW:PAM:jma Attachment L:~DATA~IOANN~N EWDOC~WGVA~3 [01 .dm: Delray Beach & Boca Raton (561) 498-5363 * Boynton Beach & West Palm Beach (561) 737-3835 · Fax (561) 495-9694 Website: www. LWDD.net LAKE WORTH DRAINAGE DISTRICT 13081 MILITARY TRAIL OELRAY BEACH, FLORIDA 33484 February 26, 2001 Dennis Duke Project Management US Army Corps of Engineers P.O. Box 4970 Jacksonville, FL 32232 Re: Official Request to allow the Conaervation Area ~1 Regulation Schedule Deviate to Elevation 11.0 Feet NGVD during the Declared Water Shortage Dear Mr. Duke: ~ Please consider this a formal request to allow conservation area #1 schedule to deviate to elevation 11.0' NGVD during the declared South Florida water shortage. The issues are well known to all parti~g'~luding, but not limited to: USACE, SFWMD, USF&W and LWDD. LVVDD is working closely with SFWMD to, ease the current strain on the regional system. We await your response. Sincerely, LAKE WORTH DRAINAGE~IST,,IRICT William G. Winters Manager WGW:kjr C: Joseph Taylor, Deputy Executive Director of Water Resource Operations,SFWMD Patrick A. Martin, P.E., Director of Engineering Danna Ackerman-White, Director of Community Affairs Micheile Diffenderfer, Esq., Lewis, Longman & Walker, P.A. Oelray Beach & Boca Ralon (561) 498-5363 · Boynton Beach & West Palm Beach (561) 737-3835 · Fax (561) 495-9694 Website: www. LWDD.net ~ R. 39E. ; R. 40E. ~ 41 E. ~ I I LOXAHATCHEE M~,,~ coo RIVER ' ' : : ~ ''T''-?-'r '-t' -- : I,,,~. : , , &' ' "~ *°"r ' 'r -'r "~' ~--~--~-~.---~ -.-- 'r '"r --r --?--[ -i- · I---.L. . · . e '1' --r'--r .~ ' , ~--r -"r -"r --r -- ; I I 11 ? ] I · l · : ' -l'---f--.~--'~.--~-- l---~- ; -,- ,- L- , · , ; = ; ~'-'.---m-r--:--: .... I , - ° , , ~,~"~1 ! -- ,--- ,,-- .'--~' R. 42E. BROWARD CO. PALM BEACH COUNTY, FL. Figure B-18 I R. 43E. I - INTRA- COAST'AL B-18 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ # ". ING 20, 2001 RESOLUTION NO. 26-01 (OPPOSING ALL LEGISLATIVE INITIATIVES WHICH WOULD ELIMINATE OR DIMINISH AUTHORITY OF LOCAL GOVERNMENTS TO AMORTIZE BILLBOARDS ALONG ~ANY" DATE: HIGHWAY SYSTEM) MARCH 16, 2001 This is before the Commission to approve Resolution No. 26-01, which opposes all legislative initiative, which would eliminate or diminish authority of local governments to amortize billboards along "any' highway system. Proposed HB 1053 would jeopardize the ability of many communities to address the blighting influences caused by many of the outdoor advertising signs and billboards adjacent to the local roads by making it impossible to remove the signs unless cash is budgeted for payment of just compensation. This House Bill would not permit the removal of such signs as a valid condition precedent of some development approvals, thereby, effectively allowing these signs to remain in place against the expressed desires of the community and contrary to health, safety and welfare concerns of the community. The City of Delray Beach hereby expresses its opposition to any Legislative initiatives which would require municipalities to pay cash as just compensation for the removal of billboard signs along local highways other than the federal-aid primary highway system, and specifically opposes HB 1053. Recommend approval of Resolution No. 26-01, which opposes proposed House Bill 1053 and any other attempts to limit the Local Governments ability to regulate billboards. Ref:Agmemol.Res #26-01.Billboards3-20-01 RESOLUTION NO. 26-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING ALL LEGISLATIVE INITIATIVES WHICH WOULD ELIMINATE OR DIMINISH THE AUTHORITY OF LOCAL GOVERNMENTS TO AMORTIZE BILLBOARDS ALONG "ANY" HIGHWAY SYSTEM, THEREBY ENLARGING THE CURRENT FEDERAL MANDATE TO PAY CASH ONLY FOR THE REMOVAL OF SIGNS ALONG FEDERAL-AID PRIMARY HIGHWAY SYSTEM; SPECIFICALLY OPPOSING SECTION 26 OF PROPOSED HOUSE BILL 1053 AND ANY OTHER ATTEMPTS TO LIMIT THE LOCAL GOVERNMENT'S ABILITY TO REGULATE BILLBOARDS; PROVIDING FOR DISTRIBUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Federal Highway Beautification Act [23 U.S.C.A. § 131(g)] requires, in part, the payment of cash as just compensation for the removal of outdoor advertising signs, a/k/a billboards, when such signs are located adjacent to a federal-aid primary highway system ("federal highway), but does not require cash compensation when the signs are not adjacent to such federal highways; and WHEREAS, the courts in Florida have long upheld amortization as a valid alternative to the payment of cash for those signs along highways "other than" the federal high.ways, such as in the case of Lamar Advertising Assoc. of East Florida, Ltd. v. City of Daytona Beach, 450 So.2d 1145 (Fla. 5th DCA 1984); and 'WHEREAS, many municipalities cannot afford to pay cash as compensation for the removal of billboard signs even though such signs have been determined through a legitimate exercise of their police powers to adversely affect the health, safety and aesthetic concerns of the community; and, WHEREAS, Section 26 of proposed HB 1053 would jeopardize the ability of many communities to address the blighting influences caused by many of the outdoor advertising signs and billboards adjacent to the local roads by making it impossible to remove the signs unless cash is budgeted for the payment of just compensation; and further, Section 26 of proposed HB 1053 would not permit the removal of such signs as a valid condition precedent of come development approvals, thereby, effectively allowing these signs to remain in place against the expressed desires of the community and contrary to the health, safety and welfare concems of the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The Commission of the City of Delray Beach hereby expresses its opposition to any Legislative initiatives which would require municipalities to pay cash as just compensation for the removal of billboard signs along local highways other than the federal-aid primary highway system. The City Commission specifically opposes Section 26 of proposed HB 1053 since it would jeopardize the ability of the City of Delray Beach to eliminate such billboard signs due to budget constraints and would effectively disallow the issuance of valid development orders by the City when such orders are conditioned upon the removal of billboard signs not adjacent to federal highways; such legislation is hereby strongly opposed by the City of Delray Beach. Section 2. The City Clerk is directed to send copies of this Resolution to the Palm Beach County League of Cities, Inc., the Florida League of Cities, Inc.; the Palm Beach County Legislative Delegation; Representative Susan Bucher; the Florida Department of Transportation and the other legislators on the House and Senate Transportation Committees.. Section 3. That this resolution shall be effective immediately upon adoption. PASSED AND ADOPTED in regular session on the __ day of ,2001. ATTEST: MAYOR City Clerk 2 RES. NO. 26-01 Florida House of Representatives - 2001 By Representative Russell HB 1053 1 A bill to be entitled 2 An act relating to the Department of 3 Transportation; amending s. 206.46, F.S.; 4 raising the statutory cap on the department's 5 required debt service coverage for right-of-way 6 acquisition and bridge construction; amending 7 s. 255.20, F.S.; exempting certain 8 transportation projects for certain competitive 9 bidding requirements; amending s. 316.302, 10 F.S.; revising a date concerning commercial 11 motor vehicles to conform to federal 12 regulations; amending s. 316.3025, F.S.; 13 updating a cross reference to federal trucking 14 regulations; amending s. 316.515, F.S.; 15 deleting a requirement for a department permit 16 with respect to the height of automobile 17 transporters; amending s. 316.535, F.S.; adding 18 weight requirements for certain commercial 19 trucks; amending s. 316.545, F.S.; correcting a 20 cross reference; amending s. 330.27, F.S.; 21 revising definitions relating to aviation; 22 providing definitions; amending s. 330.29, 23 F.S.; clarifying the department's rulemaking 24 authority with respect to airports; amending s. 25 330.30, F.S.; eliminating airport license fees; 26 revising language with respect to the 27 department's site approval process; eliminating 28 on-site inspections of private airports; 29 creating a registration process for private 30 airports; providing conditions; deleting 31 obsolete language; amending s. 330.35, F.S.; 1 CODING:Words st~ are deletions; words underlined are additions. Florida House of Representatives - 2001 709-124-01 HB 1053 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 deleting obsolete language with respect to airport zoning; amending s. 330.36, F.S.; providing conditions under which municipalities may prohibit or otherwise regulate seaplanes; amending s. 334.044, F.S.; authorizing the department to expend promotional money on scenic highway projects; authorizing the department to delegate its drainage permitting responsibilities to other governmental entities under certain circumstances; amending s. 335.141, F.S.; eliminating the requirement that the department regulate all train speeds; amending s. 336.141, F.S.; clarifying that a contract already qualified by the Department of Transportation is presumed qualified to bid on county road projects; amending s. 336.44, F.S.; replacing the term "competent" with "responsible bidder"; amending s. 337.107, F.S.; authorizing the department to enter into design-build contracts that include right-of-acquisition services; amending s. 337.11, F.S.; raising the cap on certain contracts into which the department can enter without first obtaining bids; adding enhancement projects to the types of projects that can be combined into a design-build contract; specifying that construction on design-build projects may not begin until certain conditions have been met; amending s. 337.14, F.S.; clarifying that contractors qualified by the Department of Transportation 2 C0DXNG:Words ~ are deletions; words underlined are additions. Florida House of Representatives - 2001 709-124-01 HB 1053 1 are presumed qualified to bid on projects for 2 expressway authorities; amending s. 337.401, 3 F.S.; providing that for projects on public 4 roads or rail corridors under the department's 5 jurisdiction, a utility relocation schedule and 6 relocation agreement may be executed in lieu of 7 a written permit; amending s. 339.08, F.S.; 8 clarifying language with respect to the use of 9 moneys in the State Transportation Trust Fund; 10 amending s. 339.12, F.S.; providing that local 11 governments which perform projects for the 12 department are reimbursed promptly; amending s. 13 339.135, F.S.; increasing the statutory 14 budgetary amendment caps for certain 15 activities; amending s. 341.051, F.S.; deleting 16 obsolete language; amending s. 341.302, F.S.; 17 deleting language requiring the department to 18 perform certain railroad regulation tasks which 19 are federal responsibilities; amending s. 20 479.15, F.S.; revising language with respect to 21 harmony of regulations concerning lawfully 22 erected signs; creating s. 479.25, F.S.; 23 authorizing local governments to enter into 24 agreements which allow outdoor signs to be 25 erected above sound barriers; amending s. 26 496.425, F.S.; redefining the term "facility"; 27 creating s. 496.4256, F.S.; providing that a 28 governmental entity or authority that owns or 29 operates welcome centers, wayside parks, 30 service plazas, or rest areas on the state 31 highway system are not required to issue a 3 CODING:Words ~ are deletions; words underlined are additions. Florida House of Representatives - 2001 709-124-01 HB 1053 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 permit to, or grant access to, any person for the purpose of soliciting funds; repealing s. 316.3027, F.S.; relating to identification requirements on certain commercial motor vehicles; repealing s. 316.610(3), F.S.; relating to certain inspections of certain commercial motor vehicles; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (2) of section 206.46, Florida Statutes, is amended to read: 206.46 State Transportation Trust Fund.-- (2) Notwithstanding any other provisions of law, from the revenues deposited into the State Transportation Trust Fund a maximum of 7 percent in each fiscal year shall be transferred into the Right-of-Way Acquisition and Bridge Construction Trust Fund created in s. 215.605, as needed to meet the requirements of the documents authorizing the bonds issued or proposed to be issued under ss. 215.605 and 337.276 or at a minimum amount sufficient to pay for the debt service coverage requirements of outstanding bonds. Notwithstanding the 7 percent annual transfer authorized in this subsection, the annual amount transferred under this subsection shall not exceed an amount necessary to provide the required debt service coverage levels for a maximum debt service not to exceed$2005135 million. Such transfer shall be payable primarily from the motor and diesel fuel taxes transferred to the State Transportation Trust Fund from the Fuel Tax Collection Trust Fund. 4 C0DXNG:Words s~ are deletions; words underlined are additions. Florida House of Representatives - 2001 709-124-01 HB 1053 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 increased availability to respond to statewide mobility needs. Within the resources provided pursuant to chapter 216, and as authorized under Title 49 C.F.R. part 212, the department shall: (7) Develop and administer state standards concerning the safety and performance of rail systems, h h~n~,and operations. Such standards shall be developed jointly with representatives of affected rail systems, with full consideration given to nationwide industry norms, and shall define the minimum acceptable standards for safety and performance. (8) Conduct, at a minimum, inspections of track and rolling stock,_Ttrain signals and related equipment~i ................... lo transportation, ~nclud~n~ ~= Ioadin~, .... , ........ lo ~ shippers , unloadin~ ..... labelin~ ~f hazardous ~=u=~v=~o', and transfer points;and train operating practices to determine adherence to state and federal standards. Department personnel may enforce any safety regulation issued under the Federal Government's preemptive authority over interstate commerce. (10) Administer rail operating and construction programs, which programs shall include the regulation of ............... ~,, operatin~ speeds,the opening and closing of public grade crossings, the construction and rehabilitation of public grade crossings, and the installation of traffic control devices at public grade crossings, the administerin~ .................... ip ~, uh= pro,rams b~ u,,= u=F~-~,,,=,,~ including partic ation in the cost of the programs. Section 26. Subsection (2) of section 479.15, Florida Statutes, is amended, and subsections (7) and (8) are added to said section, to read: 37 COB~NC:Words st-z-Pck-e~ are deletions; words underlined are additions. Florida House of Representatives - 2001 709-124-01 HB 1053 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 3O 31 479.15 Harmony of regulations.-- (2) A municipality, county, local zonin~ authority,or other ~ governmental entity may not remove, or cause to be removed, any lawfully erected sign along any portion of the interstate,_or federal-aid primary, or other highway system without first paying just compensation for such removal. A ~ governmental entity may not cause in any way the alteration of any lawfully erected sign located along any portion of the interstate~ federal-aid primary, or other highway system without payment of just compensation ~ ~~=~ ~ ~,~ ~d=~ state law. Any municipality, county, local zonin~ aut~hority,or other ~overnmental local ~overn~n~ent entity promulgating requirements for such alteration shall must be responsible for payment of just compensation to the sign owner if suc~h alteration constitutes a takin~ under state law This subsection applies only to a lawfully erected sign the subject matter of which relates to premises other than the premises on which it is located or to merchandise, services, activities, or entertainment not sold, produced, manufactured, or furnished on the premises on which the sign is located. For purposes of this subsection, the term "federal-aid primary highway system" means the federal-aid primary highway system in existence on June 1, 1991, and any highway which was not on such system but which is, or hereafter becomes, a part of the National Highway · h~= ~ub ........ shall not ~= interpreted ~ explicit System .... pl' ' ~i ti iti ........... = u~ zm zczt le sla ye reco~n on ~ ..... 1 ~ ......... ~= ~ takin~ under ..... law. (7) The requirement by a ~overnmental entity that a lawfully erected outdoor advertising si~n be removed as a condition precedent to the issuance or continued effectiveness 38 ~N~:Words ~ are deletions; words underlined are additions. Florida House of Representatives - 2001 709-124-01 HB 1053 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 of a development order constitutes a compelled removal, which is prohibited without prior payment of just compensation under subsection (2). The requirement by a governmental entity that a lawfully erected outdoor advertising sign be removed from the premises upon which it is located incident to the voluntary acquisition of such property by a governmental entity constitutes a compelled removal, which is prohibited without prior payment of just compensation under subsection (2). (8) Nothing in this section shall prevent a municipality, county, or other governmental entity from acquiring a lawfully erected sign structure through eminent domain. Section 27. Section 479.25, Florida Statutes, is created to read: 479.25 Application of chapter.--Nothing in this chapter shall prevent a governmental entity from entering into an agreement allowing the height above ground level of a lawfully erected sign to be increased at its permitted location if a noise attenuation barrier, visibility screen, or other highway improvement has been erected in such a way as to screen or block visibility of such a sign; provided, however, that for nonconforming signs located on the National Highway System, including interstate federal-aid primary highways, such agreement must be approved by the Federal Highway Administration. Any increase in height permitted under this provision shall only be that which is required to achieve the same degree of visibility from the right-of-way that the sign had prior to the construction of the noise attenuation barrier, visibility screen, or other highway improvement. 39 C0DXNG:Words ~ are deletions; words underlined are additions. Florida House of Representatives 709-124-01 2001 HB 1053 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 Section 28. Paragraph (b) of subsection (1) of section 496.425, Florida Statutes, is amended to read: 496.425 Solicitation of funds within public transportation facilities.-- (1) As used in this section: (b) "Facility" means any public transportation facility, including, but not limited to, railroad stations, bus stations, ship ports, ferry terminals, or =ua~u,,=, highway oervi~= plazas,airports served by scheduled passenger service, or highway rest ........ Section 29. Section 496.4256, Florida Statutes, is created to read: 496.4256 Public transportation facilities not required to grant permit or access.--A governmental entity or authority that owns or operates welcome centers, wayside parks, service plazas, or rest areas on the state hiqhway system as defined in chapter 335 may not be required to issue a permit or qrant any person access to such public transportation facilities for the purpose of soliciting funds. Section 30. Section 316.3027 and subsection (3) of section 316.610, Florida Statutes, are repealed. Section 31. This act shall take effect July 1, 2001. 40 C0DIN~:Words ~ are deletions; words underlined are additions. £1TY DF DELAI:IY BE;I[H CITY ATTORNEY'S OFFICE DELRAY BEACH F L 0 R I D A 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM March 15, 2001 City Commission David T. Harden, City Manager ~1 Jay T. Jambeck, Assistant City Attorne~ Ill Transfer of Property to Habitat for Hutfllknity; Lot 4, Block 23 The attached resolution, if approved, would allow the transfer one lot to Habitat for Humanity of South Palm Beach County. The City acquired the lot from Palm Beach County as a result of the County acquiring the lot due to unpaid taxes. The lot is located at 214 S.W. 5t~ Avenue. Please place this item on the Agenda for the March 20, 2001 City Commission meeting. If you should have any questions, please do not hesitate to contact me. Attachment Barbara Garito, Acting City Clerk Lula Butler, Community Improvement Director Ken Thomas, C.D. Program Coodinator RESOLUTION NO. 28-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED AT LOT 4, BLOCK 23, AS MORE PARTICULARLY DESCRIBED HEREIN, TO HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC. TO BE UTILIZED FOR AFFORDABLE HOUSING. WHEREAS, the City of Delray Beach, Florida desires to transfer lot 4 within block 23 for the purpose of providing affordable housing; and, WHEREAS, the City acquired the property from the County as the result of unpaid property taxes; and WHEREAS, the City Commission has determined that it is in the best interests of the City to transfer the property described above; and, WHEREAS, the City Commission has determined that the transfer of the property described above will promote the general welfare of the residents of Delray Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida hereby agrees to transfer Lot 4, Block 23, subdivision of Block 23, town of Linton (now Delray), according to the map or plat thereof as recorded in Plat Book 10, page 69, of the Public Records of Palm Beach County, Florida to Habitat for Humanity of South Palm Beach County, Inc. PASSED AND ADOPTED in regular session on this the __ day of March, 2001. ATTEST: MAYOR City Clerk ATLANTIC AVENUE JLU Itll POLICE COMPLEX SOU TH COUNTY COURT HOUSE SW S.W I I SW 1ST 2ND 3rD ST II II II PA RK 4TH S W 1ST ST I- Ill ST ST HAITIAN CA THOLIC CHURCH DRUG ABUSE FOUNDATION OF PALM BEACH COUNTY CITY OF DELRAY BEACH PUBLIC WORKS COMPL EX N CITY OF DELRAY BEACH. FL PLANNING & ZONING DEPARTMENT RESOULUTION NO. 28-01 LOT 4, BLOCK 23, TOWN OF LINTON (NOW DELRAY) -- DIGII',4L ~,45£ ll~P $)"~TEM -- MAP REF LM509 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ff/4~ AGENDA ITEM St/_.. - REGULAR MEETING OF MARCH 20~ 2001 AMENDMENT #1 TO OMNICOM AGREEMENT/800 MHZ RADIO DATE: SYSTEM MARCH 6, 2001 Approve Amendment # 1 to the agreement between the City and Omnicom, Inc. for an amount not to exceed $20,877.50. The purpose of the amendment is for additional consulting fees associated with the final testing and implementation of the new 800 MHZ radio system. The subject amendment provides for critical analysis and verification of the final implementation management system survey and review, system verification and acceptance, installation inspection, witnessing numerous acceptance tests to ensure performance verification, programming issues and a resolution of any final punch list items that come out of the inspection and testing process. This is an extremely technical process and is necessary to ensure that Motorola has met their entire obligation with regard to providing the radio system upon which we agreed. Recommend approval of Amendment # 1 to the agreement with Omnicom, Inc. Ref:Agmemol.Arnendment #1 to Omnicom [ITY OF DELRI:I¥ BEflI:H TELEPHONE 561/243-7090 . FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM March 15, 2001 City Commission David Harden, City Manager Susan A. Ruby, City Attorney Amendment No. 1 to Omnicom Agreement Writer's Direct L~ne 561/243-7091 Enclosed please find Amendment No. 1 to the Omnicom Agreement for City Commission consideration on March 20, 2001. Enclosure CCi Barbara Garito, Acting City Clerk Chief Richard Overman, Delray Beach Police Department Captain Ross Licata, Delray Beach Police Department To.' From.' DELRAY BEACH POLICE David T. Harden City l~nnger Captain Ross Licata ~4~ D/strict ~ Commander Date: March 20, 2000 MEMORANE DEPARTMENT Subject: REQUEST ADDITIONAL FUNDING FOR CONSULTING FEES REGARDING THE 800 MHZ RADIO SYSTEM As you know, we are now in the final stages of completing the installation and testing of our new Public Safety and Local Government 800 MHz Radio System. Excluding any unforeseen problems, Police, Fire and Local Government expect t6 go live by April 15'~. Attached is a proposal from Mr. Jerry Kessler, Chief Engineer from Ornnicom/RCC Consultants, Inc. regarding additional consulting fees associated x~th the final testing and implementation of our new radio system. To date, all funds provided to Ornnicom for their consulting serv/ccs have been exhausted primarily due to additional tasks that ~vere brought into the work plan during the past 18 months (i.e., engineering technical review on ~:he new radio tower, staging of our radio system at the Motorola plant in Schaumburg Illinois .and processing the technical application for additional FCC frequencies). As you can see from the proposal, the consulting fees will provide for critical analysis and verification of the final implementation management,' system survey and review, system verification and acceptance, installation inspection, witnessing numerous acceptance tests to ensure performance verification, programming issues and a resolution of any final punch list items that come out of the impection a~'d testing process. The City has invested a great deal of time, effort and money to obtain a state-of-the-art radio system that will serve us for many years to come. I feel it's essemial that Mr. KesSler, who has the knowledge and technical expertise, assist us in this extremely technical process/,.o ensure that Motorola has met all ofthe/r obligations with regard to providing the radio system W.e agreed upon. Your consideration and approval would be greatly, appreciated. If you need any further information, don't hesitate to call me. cc: Chief Overman AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN OMNICOM, INC. AND THE CITY OF DELRAY BEACH THIS AMENDMENT NO. 1 to the Agreement between OMNICOM, INC. (OMNICOM), a/k/a RCC Consultants, Inc. and the CITY OF DELRAY BEACH, FLORIDA (CLIENT) is made this day of ,2001. WITNESSETH: WHEREAS, OMNICOM and the CLIENT entered into an agreement dated March 12, 1997 (the original agreement); and, WHEREAS, the original agreement provided for work to be performed in three phases with the total cost of the three phases not to exceed $55,933.97; and, WHEREAS, the original contract provided that additional services would be compensated on an hourly basis; and, WHEREAS, Phase III of the original agreement in the amount of $15,963.30 was provided for System Implementation Management, System Revenues and Site Surveys, System Verification, and System Acceptance; and, WHEREAS, CLIENT asked for additional assistance in Phase III to cover items not previously included which included certain staging activities, technical review and negotiation of the new antenna tower constructed by Verizon Wireless and the preparation of the application for additional frequencies to enhance the operation of the 800 MHZ system; and, WHEREAS, the funding allocated for Phases I, II, and III in the original contract is essentially exhausted; and, WHEREAS, the CLIENT and OMNICOM desire to complete the installation inspection, the performance verification of tests to be conducted by Motorolla, discussion of programming issues and resolution of any punch list items that come out of the inspection and testing process all as more particularly described in the original agreement; and, WHEREAS, the specifics of the additional work to be performed in Phase III are set forth herein. NOW, THEREFORE, for the mutual promises and consideration set forth herein, the parties agree as follows: 1. Recitals. The recitals are incorporated as if fully set forth herein. 2. Work. OMNICOM shall provide all the work to be provided in the original agreement. OMNICOM shall also provide the work set forth in Exhibit A. 3. Payment. The CLIENT shall pay OMNICOM at the rate of $102.28 per hour for Project Manager services and $97.93 per hour for the services of the Principal Engineer which includes all overhead, administrative expense and profit. Each testing session set forth in Exhibit "A" will include the services of the Project Manager and the Principal Engineer. The CLIENT shall pay OMNICOM the hourly rate set forth herein, not to exceed the amount shown on Exhibit "A". The CITY shall pay the travel costs as provided in the original agreement which, however, shall not exceed the amounts shown in Exhibit "A". 4. Incorporation by Reference; Conflict. All terms of the original agreement are incorporated herein. The terms of the original agreement and this Amendment No. 1 shall be binding on the parties hereto. If there is an express conflict 2 between this Amendment No. 1 and the original agreement, Amendment No. 1 shall control. 5. Entire Ac~reernent. The parties agree this Amendment No. 1 to the original agreement contain all the rights and obligations between the parties and there are no oral or written agreements between the parties which are not expressly set forth herein. ATTEST: City Clerk Approved as to form: THE CITY OF DELRAY BEACH, a Florida Municipal Corporation By: David W. Schmidt Mayor City Attorney OMNICOM, INC, a/k/a RCC Consultants, Inc. By:, Printed: Title: (Corporate Seal) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ,2001, by , as (name of officer or agent, title of officer or agent), of of corporation acknowledging), a incorporation) corporation, on behalf of the corporation. day of (name (state or place of He/She is personally known to 3 me or has produced identification. (type of identification) as Signature Name Typ{ 4 ~f Person Taking Acknowledgment ;d, Printed or Stamped EXHIBIT A 1. Test Session up to $6,807.14 Omnicom will perform test number 1 to include console programming, transmitter power verification and radio coverage demonstration. Per Diem Expenses up to $2,421.65 2. Test Session 2 up to $6,807.14 Omnicom will perform systems features and functions and equipment/ system electrical performance verification Per Diem Expenses upto $2,421.65 3. Project Wrap up to $2,419.92 Omnicom will coordinate punch list resolution and any other concluding tasks that arise (total price includes per diem expenses) Total not to exceed $20,877.50 5 Subj: Work Plan for 800 MHz Acceptance Testing Date: 3/12/01 4:53:09 PM Eastem Standard Time From: jkessler@omnicom-usa.com (Jerry Kessler) To: Capt153@aol.com CC: Iburt@omnicom-usa. com (Linda Butt), Idanello~omnicom-usa.com, jsadler~polads.net (Jennifer A. Sadler) Ross: I ha~e prepared a tentative work plan for assisting the City of Delray Beach with the witnessing of the performance verification of the Motorola 800 MHz system. As previously explained, the funding for Phase III of our contract with the City is essentially exhausted. Phase III was intended to provide 130 hours of engineering assistance for Implementation Management, System Review and Survey, System Verification and System Acceptance. While we have worked with you in the pursuit of these tasks, other items were brought into the work plan along the way. Included are the staging activities at Motorola's plant in Schaumburg, IL, the technical review and negotiation for the new antenna tower constructed by Vedzon Wireless and the preparation of the application for additional frequencies to enhance the operation of the 800 MHz system. What remains to be accomplished is the installation inspection, witnessing of acceptance tests to be conducted by Motorola (Performance Verification), discussion of programming issues, and resolution of any punch list items that come out of the inspection and testing process. I have used the pdcing of the existing contract to determine a proposal for the work that we believe remains to be accomplished. The odginal work plan envisioned one tdp to Dalray Beach by two engineers to perform inspections and witness tests. Motorola now desires to split these tasks into two sessions. The first testing session will include console programming, transmitter power verification and radio coverage demonstration. The second session will include system features and functions and equipment/system electrical performance verification. Two tdps to Dalray are now required. We are proposing the same houdy rates and expense estimates for the remaining work as all previous work. However, the rates are now expressed as a net rate as follows: Project Manager - $102.28 Principal Engineer- $97.93 Previously, the engineering hourly rates were stated as unburdened rates with overhead, administrative expense and operating margin applied separately. The net rate yields exactly the same labor cost and is better understood. Based on the assumed Motorola schedule, we are proposing two testing sessions of equal length. Each session will include the Project Manager and Principal Engineer at 34 hours each. The total of 68 hours for the two engineers is pdced at $6,807.14 (each session). Expenses for each session are estimated at $2,421.65. Total cost for each testing session is $9,228.79. Finally, wa are including another 24 hours of engineering time to coordinate punch list resolution and any other concluding tasks that adse. This work is estimated at $2,419.92. In summanj, the total cost for the remaining work is as follows: Monday, March 12, 2001 America Online Capt153 Page: I Test Session 1 - $9,228.79 Test Session 2 - 9,228.79 Project Wrap - 2,419.92 TOTAL COST - $20,877.50 Please call me at 850-212-6455 with any questions. Jerry Kessler Chief Engineer OMNICOM/RCC Consultants, Inc. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~r/~ - REGULAR MEETING OF MARCH 20, 2001 SERVICE AUTHORIZATION #3/CH2M HILL (WATER SUPPLY MASTER PLAN UPDATE) MARCH 16, 2001 This is before the City Commission to approve Service Authorization #3 with CH2M Hill in the amount of $39,151.00, for professional engineering services in conjunction with updating the City's Water Supply Master Plan. In view of the City's growth, evolving technologies in the utility industry and the need for future planning, the purpose of this update is to ensure the adequacy of water supply resources, and identify available technologies and approaches to meet future water supply challenges. The scope of services for this contract will include: · Review of current water use permit conditions to confirm compliance · Review well field capacity testing to determine rehabilitation/expansion needs · Review and update water supply demand projections through the year 2020 · Evaluation of currem well field viability and potential replacemem of the Morikami site · Evaluate need and viability of implementing an additional ASR well · Evaluation of alternative water supply sources · Evaluate current salt water intrusion monitoring program and eastern well field impacts Funding is available from 441-5111-536-31.90 (Water & Sewer - Other Professional Services). Recommend approval of Service Authorization #3 with CH2M Hill updating the Water Supply Master Plan. Ref:Agmemol6.ServiceAuth. #3.CH2M Hill.Water Supply Master Plan City Of Delray Beach Department of Environmental Services M E M 0 R A N D TO: FROM: SUBJECT: David T. Harden, City Manager Richard C. Hasko, P.E., Environmental Services Directot '~ CH2M HILL SERVICE AUTHORIZATION NO. 3 WATER SUPPLY MASTER PLAN UPDATE DATE: March 13, 2001 U M www delrayesd, com Attached is a copy of proposed Service Authorization No. 3 for CH2M Hill for provision of consulting engineering services in conjunction with updating the City's Water Supply Master Plan. Our current master plan was prepared in 1991 and recommendations resulting from that document have, for the most part, been implemented. In view of the City's growth, evolving technologies in the utility industry and the need for future planning to ensure the adequacy of water supply resources, it is appropriate to revisit the parameters for the current planning horizon and identify available technologies and approaches to meeting future water supply challenges. The scope of services for this contract will include the following: o:. Review of current water use permit conditions to confirm compliance o:o Review well field capacity testing to determine rehabilitation/expansion needs · :o Review and update water supply demand projections through the year 2020 · :o Evaluation of current wellfield viability and potential replacement of the Morikami site · :. Evaluate need and viability of implementing an additional ASR well · :o Evaluation of alternative water supply sources o:oEvaluate current salt water intrusion monitoring program and eastern wellfield impacts The fee for this scope of services, including final reporting, will be $ 39,151.00. Funding is available from account #441-5111-536-31.90, Other Professional Services (budget transfer attached). Please place this item on the agenda for the March 20 regular meeting for consideration by City Commission. /rch Randal Krejcarek, P.E., City Engineer Dan Beatty, P.E., Deputy Director of Public Utilities Service Authorization No. 3 to the Agreement to Furnish Professional Services Dated July 6, 1999, Between the City of Delray Beach, Florida and CH2M HILL, Inc. City P.O. Number: Title: Water Supply Master Plan Update Category of Work: General Professional Engineering Services - Study This SERVICE AUI~ORIZATION AMENDMENT shall modify the professional service agreement referenced above and shall become part of that AGREEMENT as if written there in full. Changes in the indicated Scope of Services will be subject to renegotiation and imple- mented through an Amendment to this agreement. Introduction The City of Delray Beach completed a Water Supply Master Plan in December 1991 (CH2M HILL) that provided recommended approaches for enhancing and expanding the City's water supply to meet future water demands. As part of the Master Plan, the following tasks were conducted: · Reviewed and tested water supply well production capacities · Evaluated adequacy of the existing groundwater monitoring networks · Evaluated development of a Western Wellfield · Evaluated Aquifer Storage and Recovery (ASR) · Evaluated the effects of stormwater management on the City's raw water supply From these tasks the following recommendations were made and have since been implemented. Rehabilitate some of the City's production wells - most of the City's have since been rehabilitated and a better than 50-percent overall improvement in well capacities was achieved. · Install flowmeters and implement a wellfield-monitoring program and modify the wellfield operational schedule - flowmeters were installed on all of the operational water supply wells and tied into the City's SCADA and RTUs. · Improve the grormdwater monitoring networks - new groundwater monitor wells were installed between the Golf Course wellfield and the former contaminated Aerodri facility and older Eastern water supply wells were converted to chloride monitor wells to enhance the City's existing Saline Water Intrrrsion Monitoring program. OFB/010580004/SET t 920 OOC · Implement Aquifer Storage and Recovery (ASR) - an ASR well facility has been constructed and successfully tested at the City's existing North Reservoir. The first cycle has demonstrated that as much of 35 million gallons can be stored and recovered at a rate exceeding 3.0 million gallons per day (mgd), and it's expected that the recovery capacity will increase with successive cycles. · Develop a Western Wellfield - after much negotiation with Palm Beach County, a new wellfield in the County's Morikami Park has been permitted and three wells constructed, along with a 24-inch pipeline connecting with the Golf Course wellfield raw water pipeline route to the Water Treatment Plant (WTP). · Improve Water Conservation Measure - additional water conservation measures have been implemented throughout the City, including implementation of a conservation rate structure. These scope of services review the results from the implemented recommendations, the status of the City's existing supply capacities, and compare them with the projected demands to assess the need for additional improvements. Also, due to the Environmental Protection Agency (EPA) authorization of the Disinfection Byproducts (DBP) Rule, the City is examining the need to supplement the WTP's existing treatment processes to meet the rule standards for DBPs such as trihalomethanes and haleocetic acids. One of the reasons for the DBP problems is the relatively high color from the Morikami Park wellfield in com- bination with excessive dosing of chlorine at the WTP. This Master Plan update will also examine the feasibility of abandoning the Morikami Park wellfield and replacing it with a wellfield closer to the City's W'I~.. that may have lower color concentrations. Scope of Services Task 1 - Review Conditions of Current Water Use Permit The CONSULTANT will review the existing conditions of the City's most recently issued Water Use Permit from the South Florida Water Management District (SFWMD) and will review them with the CITY. Attention will be placed on conditions that may not have yet been met and that still require follow up. The CONSULTANT will make recommendations on how to respond each unmet condition identified, in a letter to the CITY. Task 2 - Review the Most Recent Wellfield Capacity Testing The CONSULTANT will review information regarding the CITY's most recent wellfield capacity testing including flow and drawdown measurements. A comparison will be made with previous results from the work conducted as part of the 1991 Water Supply Master Plan and subsequent wellfield rehabilitation and testing conducted by CH2M HILL and the CITY (1993-1994). The CONSULTANT will make an assessment of the need for additional testing and/or rehabihtation. Task 3 - Review and Revise Raw Water Demand Projections The CONSULTANT will review the last 10 years water use and compare average-day, maximum-day and per capita consumption rates. The CONSULTANT will also review demand projections for the CITY prepared by the CITY's Planning Department and previous projections prepared by CH2M HILL and others and revise the projections to provide the most appropriate set of values through the year 2020. These values will accotmt for the use of the City's existing ASR facility located at the North Reservoir. DFB/0! 0580004/SET1920 DOC 2 Task 4- Evaluate Replacement Wellfleld for Morikaml Park The CONSULTANT will assess the value of the Morikami Wellfield to the CITY versus other potential wellfield sites closer to the WTP. Potential new wellfield locations con- sidered will include the Hamlet Golf Course, Sherwood Golf Course, Lakeview Golf Course and Del-Aire Golf Course. Each alternative site will be evaluated with respect to the hydrogeology to support the same flows permitted at Morikami Park wellfield, potential impacts to existing water users, distance to the WTP and existing raw water transmission pipelines, land use and easement requirements, construction requirements, operational requirements and planning level cost estimates. When comparing the alternatives, the sunk capital costs for Morikami Park wellfield and raw water pipeline will also be factored into the final cost equations. Also, only the differential in operating and future vs. sunk capital costs will be evaluated between the alternatives. To further assess the feas~ility of replacing the Morikami Park wellfield with another one as described above; a separate analysis will be conducted on the potential fate and cost recovery options for abandoning the Morikami Park wellfield. Cost recovery options to be considered include: Sale of the wells and portion of the raw water transmission pipeline, or just the raw water, to Boca Raton to supplement their Broken Sound wellfield along Clint Moore Road located south of Morikami Park. Sale of the wells and portion o~._the-raw water transmission pipeline, or just the raw water, to supplement the Palra Beach County System 3 wellfield located on Jog Road north of Morikami Park. · Sale of a portion of the raw water transmission pipeline to the South-Central Regional Wastewater Treatment Plant (SCRWWTP) for use as part of their reuse irrigation program. This evaluation will be performed assuming that the above-identified water and wastewater utilities would be interested in the water or wellfields. Initially, preliminary proposals will be developed and discussed with each of the above utilities via phone. If after discussion with them there is no interest, then that specific alternative will not be evaluated further. The evaluation of the alternative wellfield locations will also address the difference in treatment cost requirements at the WTP to meet the current and future DBP rules. This assumes that the color concentrations in the alternative wellfield locations will be closer to the color detected in the CITY's existing Golf Course and 20-Series wellfields. The complete analysis and cost estimating will be conducted as part of a previous authorization to con- duct an Alternative Treatment Feasibility Study currently ongoing. Only the costs from this study will be incorporated into this report for comparison purposes. Task 5 - Evaluate Additional ASR Capacity In the previous Water Supply Master Plan (1991), a second ASR well was considered at a location along Germantown Road in lieu of a new storage tank in this area. The CONSULTANT will review the previous assessment and the information obtained thus far with the ASR well at the North Reservoir and the latest Water Distribution Master Plan prepared for the CITY. A follow up assessment will then be made as to the need, feasibility DF6/010580004/SET1920 DOC 3 and cost to construct another ASR well at this second site on Germantown Road. Any hydraulic modeling of the distribution system that may be needed will be conducted by the CITY. Task 6 - Evaluate Alternative Water Supply Sources Understanding that the source for the CITY's existing water supply wells is the Surficial Aquifer and that it is finite and highly dependent on recharge received from rainfall and from the SFWMD's and Lake Worth Drainage District's (LWDD) network of canals, the CITY needs to examine other potential sources of water. The CONSULTANT will examine other sources of water to either supplement demand (e.g., seawater or Floridan aquifer blending) or reduce demand (e.g., reuse). An assessment will be made as to the feasibility and cost for supplementing their existing supply or reducing demand. These costs will be factored and compared to the costs to develop additional surficial aquifer wellfields described in Task 4. Task 7 - Evaluate Existing Saline Water Intrusion Monitor Network Data collected by the CITY on its Saline Water Intrusion Monitor Well network will be evaluated by the CONSULTANT as to the adequacy of the current network to monitor the movement of the salt water front towards the CITY's water supply wells. An assessment will be made, including recommendations for improvement. Task $ - Cost Analysis Planning level costs will be developed by the CONSULTANT for Tasks 4 through 7 and will be smnmarized under this task. Capital and O&M costs will be developed based on avail- able information from both the CONSULTANT's and the CITY based on other similar projects. The costs will then be annualized by the CONSULTANT over 20 years to represent the approximate term of a typical municipal bond. Task 9 - Final Report A final report will be prepared that provides a discussion and summary of each of the above tasks, along with conclusion, recommendations and a projected schedule for imple- mentation. Three copies of the draft report will be submitted to the CITY for review and comment. Upon receipt and incorporation of the of the CITY's comments, three final copies of the report will be transmitted to the CITY. Schedule CH2M HILL will commence work on the Scope of Services described in Section 2 upon receipt of a fully executed copy of this Specific Authorization from the City, which will serve as the notice to proceed. It is estimated that services described herein will be completed within 90 days from the date of notice to proceed. Assumptions These scope of services were based on the following assttrnptions: DFS/0!O580OO4/SET! 920 DOC 4 1. Task 1 will only require interview with CITY staff, and will not require a record search at SFWMD. 2. Task 2 will not require any testing of the wells on the part of the CONSULTANT. If additional testing is deemed necessary, the testing will be conducted by the CITY or by the CONSULTANT under a separate authorization. 3. Task 3 assumes that all data provided by the CITY with respect to MORs or population projections are accurate and therefore additional research on population projections will not be required of the CONSULTANT. 4. Task 4 assumes up to three separate meetings with the City of Boca Raton, Palm Beach County and the SCRWWTP will be held to assess the potential for the abandonment options for the Morikami Park Wellfield and raw water transmission pipeline. No formal purchase or lease option analyses or proposals will be prepared as part of this task order. 5. Task 5 assumes that an ASR facility similar to one constructed at the North reservoir will be constructed at the site on Germantown Road, except that some additional storage capacity will be required to allow for the minimum chlorine detention time. 0bligatiens of the City Durin~ the completion of the tasks specified herein, the CITY will provide the following: 1. Task 2 - The CITY will provid,.~e, the CONSULTANT with all available information on the latest wellfieId specific c~pacity testing c6nducted on the CITY's water supply wells and details of any rehabilitation conducted since the last rehabilitation effort by CH2M HILL (1994). 2. Task 3 - The CITY will provide the CONSULTANT with Monthly Operating Reports (MORs) and any wellfield operation reports for the last 10 years in electronic format compatible with EXCEL or other spreadsheet program. The CITY will also provide the CONSULTANT with the latest population projections prepared by the CITY Planning Department and any available information on the latest census numbers for the CITY. 3. Task 4 - The CITY will provide the CONSULTANT will all documentation of previous capital costs for the Morikami Park wellfield and pipeline construction, as well as other available capital construction costs for other water supply well work. The CITY will also provide to the CONSULTANT copies of land ownership maps particularly regarding lands in and around the four golf course areas and around Morikami Park and the current raw water transmission pipeline route. 4. Task 5 - The CITY will conduct any hydraulic modeling of the CITY's water distribution system as deemed necessary to determine the need for additional storage in the southwest portion of the CITY. 5. Task 6 - The CITY will provide the CONSULTANT with any information that may be available on the existin~and proposed reuse plans for both the CITY and for the SCRWWTP. · .~. , 6. Task 7 - The CITY will provide to the CONSULTANT all available information gathered over the last 5 years on the CITY's Saline Water Intrusion Monitoring network, including copies of maps showing locations of monitoring stations (wells). Data OF B/010580004/SETt 920 DOC 5 collected from the monitoring stations shall be provided to the CONSULTANT in electronic format compatible with EXCEL or other spreadsheet program, if available. Compensation to the CONSULTANT Compensation for professional consulting engineering services as described herein is estimated at $39,151.00. Compensation for services shall be a lump sum in accordance with Article VII.A.1 of the AGREEMENT. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authoriz.ation, the City may terminate the contract without incrrrring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. . Approved by: CITY OF DELRAY BEACH: CH2M)flILL, INC~ (Corporat~,~al~ Date: [ Tom McCormick David Schmidt Mayor Wimess Attest: STATE OF FLORIDA COUNTY OF BROWARD Approved as to Legal Sufficiency and Form The foregoing instrq~, ent was acknowledged before me this ~ 7 day o~ 2001, by Tom McCormick, Vice President and Area Manager, CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me and .~d'7'~ .k~e an ~~.~ Bobbie W{llcox ! Notary Public State of Florida (Seal) Bobble J. W'llloox ~012 DFB/010580004/SET1920 DOC 6 Request to be placed on: X __ Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Agenda Item No. Date:March 13, 2001 When:March 20, 2001 Description of item (who, what, where, how much): Staff requests Commission approval of Service Authorization #3 for CH2M Hill in the amount of $39,151.00 for provision of consulting services regarding updating of the City's Water Supply Master Plan. Scope includes review of current water use permit, wellfield capacities, future demands, additional ASR well, alternative water resources and salt water intrusion monitoring program. Funding is from account #-441-5111-536- 31.90. ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT ATTACHED YES/NO Recommendation: Staff reco_mmends approval of Se,,J~/.i,ce Authorization #3 for CH2M Hill. Departmentheadsignature: ~'~ .'~..~(' / '~-,~-o, Determination of Consistency w~h Coml~rehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r~ed on all items involving expenditure of funds): Funding available{, ,'Y'E~9/~ 0 ~ Funding alternatives'~'(irapplicable): ~"~t~ Account No. & Description: ~l-~-~l~~ ~ '-/)r ¢%~j~,,~! .~Vc~. ~_~,~ Account Balance: ~' ~0, 000 .~..,,_,-/.,',t~ _~_,~/ --~ ~ City Manager Review: Approved for agenda: .~_..E~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND crFY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM - REGULAR MEETING OF MARCH 20, 2001 CONTRACT AWARD & CHANGE ORDER #1/MAN-CON~ INC. (BARRIER ISLAND INFRASTRUCTURE IMPROVEMENTS) MARCH 16, 2001 This is before the City Commission to approve the Contract Award in the amount of $730,337.00 and Change Order #1 in the amount of $184,047.50 for a total of $914,384.50 to Man-Con, Inc., for the Barrier Island Infrastructure Improvements. The improvements include installation of water mains, sanitary sewer, drainage, and street reconstruction/resurfacing. Change Order # 1 covers drainage improvements on George Bush Boulevard and water main improvements on Andrews Avenue and Pelican Lane. Funding in the amount of $346,315.00 is available from 370-3162-541-65.42 (Barrier Island); $13,785.00 is available from 441-5161-536-65.42 (Barrier Island); $63,213.00 is available from 442- 5178-536-65.16 (Water/Sewer Island Drive); $117,000.00 is available from 442-5178-536-65.52 (Island Drive/Harbor Drive); $171,115.00 is available from 442-5178-536-65.42 (Island Drive/Harbor Drive); $34,963.00 is available from 448-5461-538-63.38 (Island Drive Drainage); $167,993.50 is available from 448-5470-538-65.42 (Barrier Island); for a total amount of $914,384.50. Recommend approval of the Contract Award and Change Order #1 in the total amount of $914,384.50 to Man-Con, Inc., for the Barrier Island Infrastructure Improvements. Ref'~gmemo 11.ContractAward&ChangeOrder #1.Man-Con.3-20-01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www.delrayesd.com TO: David T. Harden, City Manager . FROM: Randal L. Krejcarek, P.E., City Engineer ,~/J~ DATE: 14 March 2001 SUBJECT: Barrier Island Improvemen~ Commission Agenda Item Construction Contract Award and Change Order 2000 Road Bond Program Project ~ 2000-048 The attached agenda item is for Commission approval/authorization for Mayor to execute Contract and Change Order (CO) #1, with Man-Con, Inc. This Contract and CO #1 is for the Barrier Island Infrastructure Improvements. These improvements include: installation of water mains, sanitary sewer, drainage, and street reconstruction/resurfacing. Change Order #1 covers drainage improvements on George Bush Boulevard and water main improvements on Andrews Avenue and Pelican Lane. Project costs are as follows: Contract = $730,337.00; CO #1 = $184,047.50. Total cost is $ 914,384.50. Funding is provided as follows: Account # Description Balance Contract Amount 370-3162-541-65.42 441-5,~61-53b~65.42 442-5178-536-65.16 442-5178-536-65.52 442-5178-536-65.42 448-5461-538-63.38 448-5470-538-65.42 Total Barrier Island $ 485,395.00 $ 346,315.00 Barrier Island $ 13,785.00 $ 13,785.00 Water/Sewer Island Dr $ 63,213.00 $ 63,213.00 Island Dr/Harbor Dr $117,000.00 $117,000.00 Island Dr/Harbor Dr $ 296,000.00 $ 171,115.00 Island DrDrainage $ 34,963.00 $ 34,963.00 Barrier Island $167,994.00' $167,993.50 $914,384.50 Note: * = Balance after transfer The attached map shows the project locations and the complete bid tabulation for this project. Please place this item on the 20 March 2001 Commission Agenda. Thank you. enc CC: Richard Hasko, P.E, Director of Env. Svcs. Joseph Safford, Finance Director file BES~RV~2~DEPARTMENTS~EngAdmin~Pr~jects~2~-~48~FF~AL~agendamem~3-2~-2~1 doc .... , . . ~ , , ~ ~ . ~ ~ , ,,~, , ,,~ ~, ;, '~ ,~ ~ ,~ ~ " '~ , :;, ~ , , :: ~-'.~. ,'. : ATLANTIC AVENUE ...... ~ ~, , ~, '? ' ' '- ~ ' "("~t - - ~ ~ ~ ~u_~ ''~ " - ................. ~' : , '~ .... ~ Cl~ of DELRAY BEACH 2000 ROAD BOND E~NME~AL SE~8 DEP~E~ BARRIER ISLAND AOENDAMAP ~ ~.~ ~ ~ ~,~ IMPROVEMENTS 2000-04~ I , , I ~ I, , 80,08 8 8~ ~- ~8~ ~8~ .... 888o888~8o 8 ~888 ~ ~ 8~ ~ ~8o,88o o~ - ' i ! I i j~ ~ ~ ~ ~ ~ c o-- m m b~ x x~c c c ~ c Z 0 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, Contract Addition PROJECT NO. 00-48 DATE: PROJECT TITLE: Barrier Island Infrastructure Improvements TO CONTRACTOR: Man-Con, Inc., 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: Construct Paving, Drainage and Water Distribution Improvements in accordance with Plan Sheets C-11 thru C-21 titled Barrier Island Infrastructure Improvements dated December 2000 designed by Mathews Consulting. Payment to be made by field measured quantities at the unit prices per Schedule A attached. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 25.2% TOTAL PER CENT INCREASE TO DATE 25.2.5% $730,337.00 $ 0.00 $730,337.00 $184,047.50 $914,384.50 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. ManCon, Inc.. DELLRAY BEACH, FLORIDA by its City Commission RECOMMEND: For Environmental Services APPROVED: City Attorney By: David W. Schmidt, Mayor ATTEST: By: City Clerk CITY OF DELRAY BEACH BARRIER ISLAND INFRASTRUCTURE IMPROVEMENTS PROJECT No. 2000-048 C.C. #1 (George Bush Blvd) Schedule 'A' I Quantity I Man-Con, Inc. item # Description I Est. Qty.' Units Price Btd ] Total I S~te Mobfl~zabon/Demobd~zabon I 1 LS $11,000 00 I $11,000 00 [- Ma,ntenance of Traffic I 1 LS ~3~800 00 [ $3,800 00 Cleanng and Grubbing [ 1 ; LS -$6,200 00 [ $6,200 00 1" Type S-III Asphalt Overlay ~ 245 i TN $59 00 I $14,455 00 13 Open Cut Pavement Repair I 650 LF $25 00 $16,250 00 14 Asphalt Drive Apron ' 800 SY $27 00 i $21,600 00 [6a 5' Concrete S~dewalk (4" thick) l0 LF $15 ?0, $157 00 Z0a Pavement Marking and Signage I LS $2,000 00 $2,000 00 Zl Road Swale Grading and Sodding I 425 SY $6.90 $2,932.50 23 Stormwater Type "E" Inlet ' I EA $2,100 00 i $2,100 00 23 Stormwater Type "E" Inlet w/conc we~r I EA $3,000 00 I $3,000.00 26 Stormwater Manhole 2 EA $2,950 00 I $5,900 00 29 24" Reinforced Concrete Pipe 592 LF $61.00 ! $36,112 00 29a Connect to Existing Drainage I LF . $990.00,] $990 00 29b U-type Endwall w/o grate and baffle (FDOT Index 261) i 2 LF $900 00 i $1,800 00 4" PVC (C-900) Water Main 180 LF [ $27 50 I $4,950 00 ~,2 8" PVC (C-900) Water Main 560 LF $32 00 $17,920 00 ~,4 6" Gate Valve 1 EA $600 00 $600 00 35 8" Gate Valve 1 EA $826.00 $826 00 ~,6 6" X 6" Wet Tap & 6" G V 2 EA $2,100 00 $4,200 00 ~,8 Fire Hydrant Assembly I EA $2,800 00 ~ $2,800 00 51 Fill & Flush Assembly 2 : EA $650 00 I $1,300 00 52 Sample Point 3 EA $203 00 I $609 00 53 Connect to Exisbng Water Mmn 2 EA $1,100 00 $2,200.00 54 Water Services (single) 8 I EA $640.00 i $5,120.00 55 Water Serwces (double) 3 EA $835.00 $2,505 00 57 2" Terminal Blow-off i 1 EA $721 00 $721 00 !2" Air Release Valve and Vault I LF $3,500.00 $3,500.00 73 [V~deo Allowance I LS $500 00 I $500 00 74 Utility Allowance ~ I LS $5,000 00 $5,000.00 75 Landscaping Allowance I I LS $3,000 00 I $3,000 00 TOTAL C.O. I, i $184,047.50 AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Agenda Item No. Date: 14 March 2001 When: 20 March 2001 Description of item (who, what, where, how much): Commission approval/authorization for Mayor to execute Contract and Change Order (CO) #1, with Man-Con, Inc. This Contract and CO #1 is for the Barrier Island Infrastructure Improvements. These improvements include: installation of water mains, sanitary sewer, drainage, and street reconstruction/resurfacing. Change Order #1 covers drainage improvements on George Bush Boulevard and water main improvements on Andrews Avenue and Pelican Lane. Project costs are as follows: Contract = $730,337.00; CO #1 = $184,047.50. Total cost is $ 914,384.50. Funding is provided as follows: Account # 370-3162-541-65.42 441-5,~61-53(,o-65.42 442-5178-536-65.16 442-5178-536-65.52 442-5178-536-65.42 448-5461-538-63.38 448-5470-538-65.42 Total Description Barrier Island ~t~7oaF~r.~ Barrier Island '~'0' Water/Sewer Island Dr Island Dr/Harbor Dr Island Dr/Harbor Dr Island Dr Drain.age Barrier Island, Balance Contract Amount $~ $ 13,785.00 $ 63,213.00 $117,000.00 $ 296,000.00 $ 34,963.O0 $167,994.00* $ 346 315.00 $ 13 785.00 $ 63.213.00 $117 000.00 $ 17.1.115.00 $ 34 963.OO $167 993.5O $914 384.50 Note: * = Balance after transfer-acct bal-$61,26~ t:~ansf;~ .$106 531 ,- - · ORDINANCE/RESOLUTION REQUIRED: YES~O D~FTA~ACHED YES/NO Recommendation: Staffrecomm~ ~;;~uth;~zati~~ Depa~ment head signature ~~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r,~d on all items involving expenditure of funds): Funding available: YES'/,~IO Funding alternati~,eS~/ Account No. & Description See table above Account Balance See table above ,(if applicable) City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ~ESSRV~2tDEPARTMENTS~EngAdrnin~Pr~jects~2~48~FF~C~AL tagenda~3-2~-2~1.d~c [ITY IIF: IIELRrlY BEII£ DI:LILAY BEACH AlI-Amedu( ty ~O: 993 FROM: 100 N.W. 1st AVENUE M'F. O DUM David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager DELRAY B£ACH. FLO~t[C/~ 33444 DATE: March 16, 2001 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 20, 2001 STREET CLOSURE DELRAY BEACH PUBLIC LIBRARY EVENT 561/243-7000 ACTION City Commission is requested to grant a temporary use permit per LDR's Section 2.4.6 (H) for the closure of SE 4th Avenue from Atlantic Avenue to SE 1st Street on Friday, March 23ra from 3:30 p.m. until 8:30 p.m. for a Vintage Car Show being sponsored by the Delray Beach Public Library. BACKttROUND A Vintage Car Display of Jaguars is proposed as part of the Library's art show, "The All Florida Artist Series", to be held on March 23fa. Attached is a request from Ms. Natalia Brown, coordinator of the event, to close a portion of SE 4th Avenue in front of the Library for display of these cars. No City staff overtime is needed. Barricades will be supplied to the Library. No staff assistance is needed for set up. In the past this event was done in conjunction with an Art and Jazz event. RECOMMF. NI)hTIOI~I Staff recommends approval of the temporary use permit for the closure of SE 4th Avenue as requested contingent on the receipt of a certificate of insurance and hold harmless agreement. RAB/tas CC: Lt. Geoff Williams Asst. Chief John Tomaszewski Harold Bellinger Filc:u:swecney/agenda Delray Beach Public Library Event Pnntod on Recycled Pepgr THE EFFORT ALWAYS MATTERS 03/16/01 FRI 10:25 F~ ~001 qffi brown fine Ei' Producers of Publtc Relations Events; Curator of Exhibitions Promoting Corporalions through the Arts RECEIVED 'v~'~NAGER March 16, 2001 Via Fax: 243-7195 Bob A. Barcinski Assistant City Manager City of Delray Beach Dear Mr. Barcinski, Thank you for your telephone call of today. We kindly requ~t your cooperation with the logistics neces,~3/for the public event taking place at Thc Dclray Beach Public Library this March 23.2001, and request The City's permission for the temporary closing of SE 4~' (from Atlantic Ave. to the South end of thc libnuy) for the display of a collection of antique Jaguar cars. Delray Beach Public Library at 29 SE 4~ Ave. Art Show: The ,,iii Florida Artists Sertes of exh/bitions; a selection of artwork by well recognized Florida artists, will be d/splayed inside the library Car Show' A collection of 12 to 15 Vintage Jaguar Cars will be displayed outside the library's grounds. The cars will be parked at thc West parking spaces of thc library, Tel [551] 243-46g~ 210 NW l Sth Street Oelray Beach. Fl. 33444 urib eir~bell$o uth.net Fax ($$fJ 03/16/01 FRI 10:25 FAX ~002 March 23, 2001, from 4:00PM m 8:00PM_ Cars are scheduled ~o c~nne and park between 4:00 and 5:30 in thc afternoon to be ready for thc public opening at 6:00 PM. The show is schedule to end by 8:00 PM. Voltmteer~ are prepared to help with thc an'angemems and coordination for a smooth, pleasant and delightful ~vcnt On behalf on the library, and myself, please accept our sincere appreciat/on. If I can answer any qucstions, please call me directly at 243-4693. Sincc~ly, ~ Natalia Even! Coordinalor Curator of Ar~ 03/16/01 FRI 10:26 FAX ~003 qgll K brown fine _Al! PIorida Artists'Exhibit Comes to the Delra~ ,Beach l%blic Library The Delray Beach Public Libra% 29 SE 4' Aveuue, is pl~cl ~ azmouncc the o~ of ~c .4~ ~rMa.~ 5~.~xM~. ~e Lib,' w~l ~ ~vefl~g ~'o new ~h~i~ ~ p~ of~is exci~ng ~es. ~ ~e~g oL~ g~ ~d~a:~ ~ll ~e pl~ on ~rld=)', Mm'c~ 23~ a; 6:00 p.m. to ~rk the o~dug of ~i$ ~R~d~' c~bit. 'l~is evil by h:vffadon ~d): x~ fete a coR~fion ofx~rage J~, m~ic ~d Tlt~ Main Reading Room of the Library will feature an exhibit entitled: Place to PI, we: D_iwinct geam~, featuring the work of internationally r¢cognizcd ¢,oIlag¢ artist and painter Victoria Skinner an(l acclaimed, aztist [vli~i $]la~)ilD- In th-. Auditorittm att e.-dgbit cntided: De./r~' ~Js We See It will fcatm'c d~c e. xquisite paintingi ofawazd-xvLrming atilt Carole Callahan and tl:g incredible photographs of Delray Beach as seen dtrough the eyes of local photographer Pat Heab--Golembe. "In today's busy. hectic sad stressful world, people are searching tbr that special place xvhm'~ & sense of quiet aud calm preva!!~. Dreams d~al w~th that special pldcc where imagination can find refreshment, solac~ and discovciy, l"[tc,~Jll Florida .4~ t~__!fi~r vdll provide the oppornmiry for the ~,iev..er to find that special place of refre.'-dmaent m:d discovery at vhe Liblm%" smd Nalalia Ulibe-Brox~ax, of Urib¢-Brown Fine .&ii, the curator of this exhibitioll. For further information visit our web site at w~v.d~lra~libmrv, o _m, c~] the Library;s Director of Commtmity Relations at $61-266-9490 or call Uril~ Brown Fine Art at .461 T~ ($$I) 21o IIW 18th 03/16/01 FEI 10:26 FiX ~004 brown hne NET 210 NW 16th Street De/ray Beach, Fl. 33444 uribeir~bellsouth.net [:ax ($~1) 245.8905 DELRAY BEACH ~TO: 1993 FROM: 100 N W IstAVENUE MEMORANDUM David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager DELRAY J3EACH, FL ORIDA 33444 DATE: March 16, 2001 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 20, 2001 APPROVAL SPECIAL EVENT EASTER SUNRISE SERVICE ACTION Ci~ Commission is requested to endorse the Easter Sunrise Service to be held on April 15 , to grant a temporary use permit for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar from 5:30 a.m. to 7:30 a.m. and the use of the pavilion, and to authorize staff support for traffic control, barricading, and EMS assistance. BACKfiROUND Attached is a request received from Reverend Richard Evans on behalf of the Delray Beach Clergy Association to endorse the Easter Sunrise Service, to authorize the use of the beach pavilion and closure of South Ocean Boulevard, and to provide staff support as listed. No staff overtime costs will be incurred. Police and EMS assistance will be provided with on-duty personnel. Police officers with the assistance of volunteers will put up and take down the barricades. This is not a new event; however, it is the first year we have received a formal request. In the past years our staff has administratively supported the event. RECOMMF2~IDATION Staff recommends approval of the event, the temporary use permit for the street closure and use of the pavilion, and staff support. CC: Lt. Geoff Williams Asst. Chief John Tomaszewski Harold Bellinger Filc:u:sweency/agenda Easter Sunrise Service Special Event Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS 561/243-7000 Of'fJcers 14 March 2001 President Father Donald Munro ~. Vincent Ferret Catholic Ckurck (561) 2?6-6892 Treasurer Reverend Richard Evans Chaplain, Abbey Delray South Delray Beach, FL 33445 (561) 454-5242 TO: Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. l't Avenue Delray Beach, FL 33444 FROM: Delray Beach Clergy Association AGENDA ITEM - CITY COMMISSION APPROVAL SPECIAL EVENT REQUEST: SUNRISE EASTER SERVICE Dear Mr. Barcinski: City Commission is requested to endorse the annual ecumenical Easter Sunrise Service event scheduled from 6:30-7:10 A.M. on Sunday April 15, 2001, and to grant a temporary use permit per LDR'S section 2.4.6(5-1) for use of City property and right of way. As in years past, we plan to use the beach-side Pavilion at the southeast corner of the intersection of AIA and Atlantic Avenue. Mr. Joe Weldon from Parks & Recs. has been contacted re: pavilion usage, as well as Mr. John Tomaszewski re: EMS coverage. We request street closure on AIA from Atlantic Avenue to Miramar. Closure will be from 6:15 a.m. to 7:15 a.m. We also request that the City provide staff support for barricade set[~p and police security for traffic control. We furthermore request that any fees for such staff support be waived, inasmuch as this is a not-for-profit ecumenical event for which all proceeds collected go to support: {1) the Clergy Association's Food & Gas Voucher Program, which is administrated by the Front Desk of the Delray Beach Police Department through our local churches and synagogues, and (2) the Community Food Pantry. Your consideration and cooperation is very much appreciated. Sinceml~ Rev. Richard Evan/~ Secretary/Treasurer in behalf of the Delray Beach Clergy Association and its President, Rev. Don Munro Weldon, Joseph From: Sent: To: Subject: Weldon, Joseph Monday, February 26, 2001 5'31 PM 'rabb~car@gate.net' RE. Easter Sunrise Service-Sunday Mormng April 15, 2001 @ 06:30 EDT Dear Rabbi Suzanne H. Carter Thank you for your message concerning the use of the main pavilion at the beach for Easter Sunday sunrise services on 4/15/01. We do not reserve the pavilions on the main beach as they are open to the public on a first come first serve basis. Typically, at 6:30 am there should not be much of a problem in using the pavihon, although other religious denominabons also hold sunrise service on the beach .... Original Message--- From: Rabbi Suzanne Carter [mailto:rabbicar~.qate.net] Sent: Fnday, February 23, 2001 4:55 PM To: weldon@cLdelray-beach.fi, us Cc: Father Don Munro Subject: Easter Sunrise Service-Sunday Morning Apn115, 2001 @ 06'30 EDT Dear Mr. Weldon, The belray Beach Clergy Association has requested that I make the arrangements for the use of the Beach Pavilion on A[A and Atlantic <across from Boston's> for the Sunrise Easter Service on 4/15/01 ~ 06:30 EbT. The belray Beach Police bepartment will provide traffic control for the event. Kindly let me know whether we will need to apply for a permit for the use of the pavilion. Kind regards Rabbi 5uzanne H. Carter cc: Father Donald Munro, President Delray Beach Clergy Association rabbicar~gate.net www.tzedakahhouse.org 561.498.4020 EFAX: 603.925.7862 1540 Masters Circle # 177 Delray Beach, Florida 33445 TO: THRU: FROM: SUBJECT: DAVID~T-,-EIA~ CITY MANAGER ~~P UL DgRr"LIN ~G" DI~RE~?ORGGA~Z~~~NOF PLANNINGER AND ZONING MEETING OF MARCH 20, 2001 **CONSENT AGENDA** AGREEMENT FOR TRAFFIC AND PARKING ENGINEERING SERVICES ASSOCIATED WITH THE DOWNTOWN BUSINESS DISTRICT PLAN. The action requested of the City Commission is approval of a consultant agreement between the City and Lawson, Noble & Webb, Inc. for traffic and parking engineering services associated with the MacArthur Grant/Downtown Business District Plan. The MacArthur Grant appropriated $25,000 for traffic and parking analysis. As part of the process to develop the Downtown Business District Plan, various sub-committees made up of Steering Committee members were created and assigned specific responsibilities. One of these sub-committees, the Consultants Committee, developed the scope of services for the project. The Firm of Lawson, Noble & Webb, Inc. was selected from the list of Engineers pre-qualified by the City. This firm was chosen because its team member for traffic engineering services is Pinder, Troutman, Consulting, Inc., which has prepared other parking and traffic studies for the City and the CRA within the downtown area. The proposed scope of services is outlined in the attached letter agreement. The work is to be completed in three phases, a preliminary analysis completed before the charrette, attendance at the charrette and a final report after the charrette, based on the proposed development plan. A fixed fee in the amount of $25,652.00 will be charged for these services. Funding will be from Account No. 001- 6113-559-31.90 (MacArthur Grant). The additional $652 over the $25,000 budget will be taken from the $15,000 contingency fund in the budget. By motion, approve the attached Agreement for Traffic Services. Attachment: Consultant Agreement and Parking Engineering 0'3-15-01 Project Name: Project Location: Client Name: Address: 12:01pm From-LA~SON,NOBLE & WEBB, INC 5616841812 T-195 P 02 F-$12 Proposal No. A01-044 March 15, 2001 Lawson, Noble & Webb, Inc. ENGINEERB · PLANNER6 · SURVEYORS MacArthur Downtown Business District Plan Traffic/Parkin.q Study Delra¥ Beach, Florida City of Delray Beach 100 NW 1st Avenue Phone No.: Attention: Delray. Beach, Florida 33444 561-243-7000 Fax No.: Mr. Paul Dorlin.q The firm of LAWSON, NOBLE & WEBB, INC. ("LNW") is pleased to provide you with the following proposal for professional services for the above referenced project: h SCOPE OF SERVICES: See attached Exhibit A for Scope of Services for Pinder-Troutman Consulting, Inc. Total Contract ........................................................................................... $25,652.00 II. IlK ir CONTRACT DOCUMENTS A. LNW General Conditions (Attachment A). AUTHORITY TO PROCEED (To be completed by Client) For payment of services, invoice to the account of: Client: Address: Attention: ,,w,o,.,o Printed Name: Ted Sanders Title: Vice President Date: March 15, 2001 Title: Client Authorized Signature Printed Name: Title: Date: Return executed copies to Lawson, Noble & Webb, Inc. 420 Columbia Drive, Suite 110, West Palm Beach, Florida 33409 (561) 684-6686 · fax: (561) 684-1812 emad: Inw-wpb~)lnw-~nc.com West Palm Beach · Port St. Lucie · Odando 0'3-15-01 12:011~m From-LAWSON,NOBLE & ~BB, INC 5616841812 T-198 P 03 F-612 March 14, 2001 PTC01-34 Exhibit A Scope of Services Delray Beach TCEA Traffic / Parking Study Pre-Charrette (due by April 20, 2001) A. Traffic 1. Review of existing traffic studies a. TCEA Study b. Downtown Development Plan - McMahon 2. Review current traffic data for TCEA area a. If necessary, indicate where additional counts need to be taken b. City will conduct additional counts if necessary 3.Identify existing problem areas 4. Determine what impacts reducing the Federal Highway one-way pair from 3 lanes to two lanes would have on the roadway network and the overall development potential of the study area 5. Provide recommendations on areas best suited for additional development based on road network B. Parking 1. Review existing parking studies a. Rich & Associates b. Pinder Troutman Consulting, Inc. & Hummer 2. Inventory existing parking supply for TCEA area a. Include on-street and off-street parking b. Differentiate between public and private spaces c. Determine number and locations of spaces used by valet services d. The City will provide a base map, hard copy and electronic format, on which the existing spaces will be plotted 03-15-01 12:02pm From-LAWSON,NOBLE & W~BB, INC 5616841812 T-196 P 04/07 F-612 March 14~ 2001 PTC01-34 Ce 3. Determine existing parking demand a. List of businesses by address and type will be provided by City b. Include analysis of turnover times on parking spaces ^ maximum of four (4) hours of parking turnover analysis will be conducted on either a typical weekday or typical weekend day. Surveys will be conducted for one selected parking area. 4. Review and evaluate existing City parking requirements 5. Determine blocks where shortfalls and surpluses exist a. Conduct typical weekday parking utilization study (12:00 Noon - 10:00 PM) b. Conduct typical weekend parking utilization study (6:00 PM - 12:00 PM) 6. Determine appropriate type (i.e. surface or garage) and best locations for additional parking based on existing conditions 7. Determine future parking demand (2015) based on contained in TCEA study utilizing City code requirements Report 1. development t'i§ures Prepare a preliminary report including maps and graphics, which describe the study procedures and result at the end of this phase of the project. The City will be provided 10 copies of the preliminary report. II. Attend Charrette (April 28, 2001) III. Post - Charrette (due by August 1, 2001) A. Traffic 1. Prepare traffic analysis of Major Thoroughfare network of proposed development plan prepared at the Charrette 2. Identify problem areas 3. Determine what traffic improvements will be necessary to implement the development plan 4. Provide order of magnitude cost estimate for required improvements 03-15-01 12:02pm From-LAWSON,NOBLE & ~BB, INC 5616841812 T-19G P 05/07 F-612 March 14, 2001 PTC01-34 Be C. Parking 1. Determine future parking demand based on the proposed development plan and City code 2. Identify problem areas 3. Determine appropriate type (i.e. surface or garage) and best locations for additional parking required 4. Provide order of magnitude cost estimate for required improvements Report 1. Prepare a final report including maps and graphics which describe all phases of the study including recommendations from the Charrette and any additional analyses conducted as a result of the Charrette. The City will be provided 25 copies of the Final Report. · ~3-15-01 1Z:O2pm From-LAWSON,NOBLE & WEBB, INC 5616841812 T-196 P 06/07 F-$12 II ATTACHMENT A GENERAL CONDITIONS OWNERSHIP OF DOCUMENTS Lawson, Noble & Webb, Inc. will retain ownership of the original documents pertaining to this project and will not release copies of'same without authorization from client or client's agent. If client fails to perform its obligations under this contract, then client will not be provided with copies of the documents and client will return any documents to LNW. INVO. I~ING AND METHOD OF PAYMENT Work will be billed on approximately the first day of each month based on a proration of work completed to date. Such monthly invoice shall be paid in full by client within thirty (30) days of invoice date unless, within such thirty (30) day period, client notifies LNW in writing of its oblection to the amount of said invoice. Such notice shall be accompanied by payment of any undisputed portion of said invoice. If written objection is not received within thirty (30) days it shall constitute approval of invoice by client. If the payment is not received within thirty (301 days of billing date, a late charge will be added to the invoice in the amount of 1 1/2 percent per month on the outstanding balance. If payment is not received within sixty 160} days of the billing date, work will be suspended on the project until the outstanding invoice(s) are paid in full. WORK NOT_ SPECIFIED Work not specified in the "Scope of Services" will not be performed absent a written authorization by client to do the additional work. The authorization shall contain, where possible, the price of the additional work. However, there are situations where LNW cannot provide a specific price because of unforeseeable conditions inherent in the nature of the additional work. In such an event, LNW can only provide a best estimate of the price. COST ESTIMATES Client hereby acknowledges that LNW does not warrant that estimates of probable construction costs provided by LNW will not vary from actual costs incurred by client. CONSTRUCTION SERVICES If LNW provides professional service during the construction phase of the project, LNW shall not be responsible for and shall not have control over means, methods, techniques, sequences, or procedures or for safety precautions and programs, in connection with the work on the project. Lawson, Noble & Webb, Inc. shall not be responsible for any contractor or subcontractor's failure to carry out work in accordance with the contract documents. HOURLY CHARGES These hourly rates are subject to adjustment every six (6) months. Hourly work when authorized by client will be performed at the following rates: 10 15 12 31 32 75 40 42 35 60 55 65 45 9O Principal .............................................................................................. $125.001hour Expert Witness ..................................................................................... $150.O0/hour Sr. Project Manager .............................................................................. $105.00/hour Engineering Project Manager .................................................................. Surveying Project Manager .................................................................... $ Senior Project Engineer ......................................................................... $ Project Engineer ................................................................................... $ Project Surveyor ................................................................................... $ Project Coordinator ............................................................................... $ Senior CADD Designer .......................................................................... $ CADD Designer/CADD Technician .......................................................... Draftsperson ........................................................................................ $ Field Representative .............................................................................. $ Engineering Assistant ........................................................................... $ 90.O01hour 90.O0/hour 75.0OIhour 65.00/hour 65,00/hour 65.00/hour 60.00/hour 55.00/hour 45.OO/hour 60.O0/hour 40.OO/hour ' ~3-16-01 02:13pm From-LAWSON,NOBLE & EBB, INC 5518841812 T-225 P 07/07 F-701 95 72 73 71 Clerical ................................................................................................ $ 35.00/hour 2-Man Field Crew ................................................................................ $ 95.001hour 3-Man Field Crew ................................................................................ $ 115.00/hour GPS Field Crew ................................................................................... $ 115.00/hour PERM!T FEES, REPRODUCTION CHARGES AND REIMBURSABLE EXPENSES The Total Contract Price does not include the payment of any governmental agency submittal or processing fees. The cost of these fees and any costs incurred by this office for printing, reproduction and other reimbursable expenses, such as long distance telephone calls, facsimile, travel and document copy charges will be billed to the client monthly at cost plus 10 percent. ASSIGNMENT This contract is not assignable to or assumable by any third party without the prior written consent of LNW. ACCEPTANCE This proposal must be accepted within thirty (30) days of its date. If not accepted within that time period, LNW reserves the right to re-evaluata the terms and conditions contained herein, The Total Contract Price for any work not commenced within a six (5) month period from the date of this proposal will be adjusted upward at the rate of 1.5 percent per month after the six (6} month period until the work is commenced. TIME OF PERFORMANCE Lawson, Noble & Webb, Inc. will proceed expeditiously in prosecuting the contract work described herein. See Scope of Services and Project Schedule as provided by the City of Delray Beach, TERMINATION Either party, with or without cause, shall have the right to terminate this contract upon giving the other party seven (7) days written notice. If the client cancels this contract, then client shall pay LNW all unpaid invoices in addition to a final invoice for work completed from the date of the last invoice to the date that LNW receives written notice of termination, plus any unreimbursed expenses. In the event that client claims that LNW failed to perform under the terms of the contract, then client agrees that LNW's liability shall not, in any event, exceed the amount of the Total Contract Price stated herein. M. ER(~ER This Agreement represents the entire and integrated agreement of the parties and supercedes all prior negotiations, representations or agreements, either written or oral. GOVERNING LAW This Agreement shall be governed by the law of the State of Florida. Any disputes shall be resolved in the Circuit Court of Palm Beach County. If the proposed work and fees contained herein are agreeable with you, please sign the enclosed copy of the contact and return same to our office. Should you have any questions regarding the above, please do not hesitate to contact this office. TO: THRU: FROM: SUBJECT: PAUL DORLING.., D[R~TOR O AND ZONING MEETING OF MARCH 20, 2001 **CONSENT AGENDA** AGREEMENT FOR MARKET ANALYSIS CONSULTANT SERVICES ASSOCIATED WITH THE DOWNTOWN BUSINESS DISTRICT PLAN. The action requested of the City Commission is approval of a consultant agreement between the City and Marketek, Inc. for market analysis consultant services associated with the MacArthur Grant/Downtown Business District Plan. The MacArthur Grant appropriated $20,000 for market analysis. As part of the process to develop the Downtown Business District Plan, various sub-committees made up of Steering Committee members were created and assigned specific responsibilities. One of these sub-committees, the Consultants Committee, developed the scope of services for the project. The scope of services was sent to 5 firms to solicit proposals. Four of the firms submitted proposals and one firm chose not to participate. Marketek, Inc. was chosen because of its qualifications and because its elaboration on the scope of services indicated a significant understanding of project objectives. Additionally, since the firm prepared another study for the CRA and Pineapple Grove Main Street in 1996, it already has a basic understanding of the area in question. The proposed fee of $20,000 is within the budgeted amount and is competitive with the other proposals received. The proposed scope of services is outlined in the attached letter agreement. The work is to be completed in three phases, a preliminary analysis completed before the charrette, attendance at the charrette and a final report after the charrette, based on the proposed development plan. A fixed fee in the amount of $20,000.00 will be charged for these services. Funding will be from Account No. 001-6113-559-31.90 (MacArthur Grant). By motion, approve the attached Agreement for Market Consulting Services. Attachment: Consultant Agreement Mar 15 O1 06:09p Eleanor Matthess (404) 524-9939 A ETEK Market analysis · Ecanomic develapment · Ci~ & regiona! planning 100 Woverly Way, N.E. Atlanta, Georg,a 30307 (404) 522-2243 Fax (404) 524-9939 CONTRACT Consultant Agreement Between Marketek, Inc. and the City of Delray Beach for a Market Analysis for Downtown Delray Beach, Delray Beach, Florida This is to confirm that Marketek, Inc. ("Consultant") has agreed to prowde consulting services to the City of Delray Beach ("Client") as provided within the proposal by Marketek, Inc. dated February 28, 2001 (see Attachment). COMPENSATION Consultant shall provide the services outlined in the above mentioned proposal for a set fee of $20,000 (Twenty Thousand Dollars). Marketek, Inc. will bill monthly based on the proportion of work completed, and Client shall promptly satisfy said bills upon submission of the same to Client. TERMS FOR COMPLETION OF SCOPE OF WORK The final document (i.e., Development Plan) for this assignment will be delivered no later than August 1, 2001. One camera-ready master copy of the final document will be provided by the Consultant. OWNERSHIP OF FINAL DOCUMENT Following the delivery of the final document by the Consultant to the City, the document will become the property of the City. Accordingly, the City as owner of the document will have the right to duplicate the master copy. SETTLEMENT OF DISPUTES Any disputes arising under this Agreement will be resolved under the laws of the State of Florida with venue in Palm Beach County. Hat 15 O1 06:09p Eleanor Hatthees (404) 524-993~ p.3 Contract for Downtown Delray Beach Market Analysis. page 2 AGREEMENT Marketek, Inc. will base its conclusions and recommendations on estimates and assumptions developed in connection with this market assignment. However, because unanticipated events and circumstances may occur, actual results achieved during the period covered by Marketek's analyses might vary to some degree from Marketek's estimates. Because of the constant variations and fluctuations in market conditions, Marketek, Inc. neither guarantees nor warrants that its analysis, advice, representations, predictions or recommendations will reflect actual market conditions after the date of the submission of the report or prove beneficial to the undersigned. By executing this Agreement, you acknowledge that you have fully read the Agreement and the attached Scope of Work and that you fully understand and agree to all terms and conditions expressed herein. If you find this Agreement and Scope of Work in accordance with your understanding of this contract, please return one signed copy for our files. AGREEMENT: MARKETEK, INC. Date: -...~.._T_[~-- CLIENT By: Title: Date: M~r 15 O1 06:09p Eleanor Matthess (404) 524-9939 p.4 ATTACHMENT SCOPE OF WORK Market Analysis for Downtown Delray Beach, Florida NATURE OF THE PROJECT The purpose of the market analysis assignment is to provide the market component for the development plan for the Delray Beach Business District (i.e., the study area as shown on the map provided in this RFP) and its surrounding neighborhoods. The market analysis will be based upon an accurate picture of the district's commercial and residential base and a realistic assessment of its opportunities and challenges for growth and development. The methodology for the market plan includes four basic components: a review of existing background materials; an analysis of the commercial and residential markets for the study area; a Charrette to obtain public input into the Business District Plan; and preparation of the market component of the development plan for the district, Review Existing Background Materials (Pre-Charrette) The following materials will be reviewed: 1. "Market Analysis and Development Recommendations for Downtown Delray Beach," Marketek, Inc., March 1996. 2. "Market Analysis - Demand for Rental Apartments, North Federal Highway Area, Delray Beach," Reinhold P. Wolff Economic Research, Inc., 1996. 3. TCEA Report. B. Analysis of Study Area (Pre-Charrette) Preliminary findings for the Charrette will be provided based on the following tasks. Final conclusions and recommendations will be completed for the development plan. Preparation of an inventory of existing businesses located in the study area. Businesses will be grouped by location and type. Business anchors (i.e., well-established retail and non-retail businesses that generate significant pedestrian traffic) will be identified. 2. Analysis of existing bus~ness mix. a. What are the apparent market voids or niches within the existing supply?. What kinds of businesses and activities would Hat 15 O1 06:09p Eleanor Hatthews (404) Downtown Deiray Beach, Florida Page 2 o strengthen and diversify the retail/service base and capture consumer dollars flowing outside the district? b. What are the best locations for these businesses? How should these businesses be "clustered" to optimize pedestrian flow and unify the district? c. What exterior and interior physical improvements are needed? d. Where are significant vacancies located? e. What will it take to enhance the image and marketability of the district? Analysis including etc.). of shopping patterns of the various target market segments the ethnic groups in the area (i.e., Haitians, African Americans, a. What are the lifestyle and demographic characteristics of each target group? What are the needs, tastes and preferences of each target group? b. What is currently available to these market segments? c. What types of businesses would appeal to these market segments? Estimation of potential demand in square feet for the study area and region by type of merchandise now and dudng the next five years. The methodology used converts retail expenditure patterns of the primary trade area population to square footage projections by type of merchandise. Capture rates for the Delray Beach Business District will be applied to projections for new retail space in the trade area to arrive at potential demand for space. a. How does potential demand relate to existing and projected supply? 5. Analysis of residential market for the study area a. What is the current residential housing inventory in the study area, rental and for-sale? b. What is the current residential development activity in the study area? c. What are vacancy rates, rental rates and sales prices? d. What are average absorption rates of new product? e. What is potential demand for housing (rental and for-sale) in the study area for the next five years? C. Charrette (April 28, 200t) A Charrette will be held to obtain public input into the development plan. Information derived from the Charrette process will include general attitudes toward the downtown district, consumer preferences, perceived market voids, perceived M4r 15 O1 06:lOp Eleanor Matthews (404) 524-9938 p.6 Downtown Delray Beach, Florida Page 3 unmet needs of businesses and consumers, and so on. The results of the Charrette will contribute to clarifying an identity or market role for the district. D. Development Plan: Market Component (Post-Charrette) The analysis of the study area and the public input derived from the Charrette process will provide the groundwork for creating the market component of the business district development plan for the downtown district. 1. The plan will include: a. A market position statement that will emphasize how the Delray Business District distinguishes itself from competing business districts b. Businesses that the Delray Business District can support c. Business mix and location guidelines including a cluster plan to encourage the creation of a unified area of complementary businesses d. Priorities for new development, commercial and residential e. Location, timing and phasing of new development f. Marketing guidelines for attracting new development g. Guidelines to actively involve all key players, e.g., real estate professionals, property owners, public officials, financial interests, etc., vital to the successful implementation of the plan. 2. The market component of the development plan will be integrated into the district's overalJ deveJopment plan. FEE The fee for this scope of work is $20,000. MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David T, Harden, City Manager Thomas, Community Development Administrator Kenneth L. Lula Butler, Community Improvement Director March 15,2001 Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue a subsidy to one (1) eligible applicant/family under the Delray Beach Renaissance Program. The subsidy represents the 120th homeownership assistance grant provided under the city Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all partners and the City Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program from March 1999 to February 2001. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (I0) years. RECOMMENDATIONS Staff is recommending City Commission approval to fund a subsidy for one (1) eligible applicant/family of the following property: (New Construction) XXX NW 4~ Avenue (Town of Delray, Lots 1 & 2, Block 26, Parcel ID # 12434616010260010 / $20,000.00. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION Yes CENSUS TRACT 67 NAME Mr. & Mrs. Jocelin Altemar PROPERTY ADDRESS XXX NW 4th Avenue, Delray Beach LEGAL DESCRPTION Lots 1 & 2, Block 26, Parcel ID # 1243616010260010 % OF AREA MEDIAN HOUSEHOLD INCOME 70% NO. FIRST MORTGAGE RATE 6.375% LTV 86.99% PROJECT/SUBSIDY BREAKDOWN COST OF CONSTRUCTION: COST OF LOT: COST OF EXISTING UNIT: Estimated Pre-paids (Lender 1003) Estimated Closing Costs (Lender 1003) TOTAL TRANSACTION $ 82,664.00 $ 17,000.00 $ NA $ 1,785.00 $ 4,499.00 $ 105~948.00 IN HOUSEHOLD 5 FIRST MORTGAGE Consortium TOTAL SUBSIDY Second Mortgage Developer's Fee $17,000.00 $ 3,OO0.O0 $ 86,700.00 $ 17,000.00 Community Finance Ci_ty of Delray Beach SHIP THIRD MORTGAGE OTHER CREDITS Estimated cash from/to borrower (Lender 1003) $ 100.00 $ 2,148.00 Deposit ~-~ --_ ~ CARE MARTIN NW NW LUTHER 1ST 3RD ST LAKE KING JR ST FIRE STATION NO 1 TENNIS TRINITY LUTHERAN IDA ROAD CASON ME THODI$ T CHURCH CITY ATTORNEY BUILDING DRIVE CITY HALL z COMMUNITY CENTER Z 0 ATLANTIC [ [[ I [ [ [ [ I r Illlll [ AVENUE" Ill I I CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT LILLIE PROPERTY LOTS 1 & 2, BLOCK 26, TOWN OF DELRAY D/G/i'AL ,~ISE ,~,~P $¥$.r£M -- MAP REF LM506 Agenda Item No.: ff~ · AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxxx Consent Agenda Date: March 15, 2001 When: March 20, 2001 Description of item: Authorization and approval to issue a subsidy to one (1) eligible applicant/family under the Delray Beach Renaissance Program totaling $17,000.00 Note: Mr. and Mrs. Jocelin Altemar ($17,000.00) represents the 120th homeownership assistance grant provided under the Renaissance Program to date. Recommendation: Staff recommends approval of one (1) subsidy award. State Housing Initiatives Partnership (SHIP) Program. Funds are to be awarded from the SHIP Total: $17,000.00 Account Number: 118-1924-554.83-01 Department Head Signature: ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items invol¥ing expenditure of funds): Funding Available: ~3/NOQ~ ~[[~1 Funding Alternatives: -- (if applicable) Account No. & Description: \~-~,~7~1~-~t~5,~0 '1 Account Balance: e~Z~'~ ~ City Manager Review: Approved for Agenda: /~.(NOA Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~' ~'- REGULAR MEETING OF MARCH 20, 2001 REVIEW' OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS MARCH 16, 2001 Attached is the Report of Appealable Land Use Items for the period March 5th through March 16, 2001. 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. Ref~pagmemo/Appealables/03.20.O1 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ASMIN ALLEN, PLANNER OF PLANNING AND ZONING MEETING OF MARCH 20, 2001 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MARCH THRU MARCH 16, 2001 5, 2001 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of March 5, 2001 through March 16, 2001. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved (5 to 0, Dowd and DeCapito absent), a request for a color change for Pineapple Grille Market, located on the west side of NE 6th Avenue, north of George Bush Boulevard (814 NE 6th Avenue). B. Approved (5 to 0), a request for a color change for Peter's Caf6, located on the west side of Ocean Boulevard, south of East Atlantic Avenue (6 South Ocean Boulevard). City Commission Documentation Appealable Items Meeting of March 20, 2001 Page 2 Approved (5 to 0), a request for a color change for an existing awning for Awful Arthur's Seafood Company, located on the south side of East Atlantic Avenue west of SE 5th Avenue (420 East Atlantic Avenue). Approved with conditions (5 to 0), a request to for a fiat wall sign and color change for Lucille's Bad to the Bone Restaurant (formerly Abbey Road Restaurant), located on the south side of Linton Boulevard, east of SW 10thAvenue (710 Linton Boulevard). Eo Approved (5 to 0), a request for a color change for Marco's Classic Restoration, located on the west side of SE 2nd Avenue, north of SE 4th Street (390 SE 2nd Avenue). No Regular Meeting of the Board was held during this period. No Regular Meeting of the Board was held during this period. By motion, receive and file this report. Attachment: · Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- MARCH 20, 2001 ATL4N11C 'i LOWSON BOULEVARD tLW 2HOST $.W 2ND ST. $.W LIN rON BOULEVARD i i- ..... i U~OH C.15 CANAL S.P.R.A.B: A. PINEAPPLE GRILLE MARKET B. PETER'S CAFE C. AWFUL ARTHUR'S SEAFOOD COMPANY D. LUCILLE'S BAD TO THE BONE RESTAURANT E. MARCO'S CLASSIC RESTORATION CITY LIMITS ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2O0O MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM o0'/2/ - REGULAR MEETING OF MARCH 20, 2001 AWARD OF BIDS AND CONTRACTS MARCH 16, 2001 This is before the City Commission to approve the award of the following bids and contracts: Bid award for vehicle replacement from State Contract, as specified in Attachment "C', and from a local bid as specified in Attachment "D'. Funding is available from 501-3312-591-64.20 (Central Garage/Automotive) in the total amount of $64,790.00. Bid award to Rust Off, Inc. for an estimated amount of $25,600.00 for anti-mst chemicals for the city irrigation system. Funding is available from 119-4144-572-52.21 (Beautification Fund/Chemicals) Bid contract renewal for the purchase of calcium hypochlorite from Leslie's Swimming Pool Supplies and purchase of liquid chlorine from Jones Chemical via the City of Boca Raton Coop Bid #2000-046 at an estimated annual cost of $73,815.00. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals) for $69,090.00 and' from 441-5144- 536-52.21 (Water/Sewer/Chemicals) for $4,725.00. Bid award for a new vehicle from State Contract, to Regency Dodge in the amount of $24,186.00 for a Dodge heavy-duty 3A ton pick up truck. Funding is available from 001- 2315-526-64.20 (Fire Department/Automotive). Recommend approval of the bid and contract awards listed above. Ref:Bid. Agmemo.03 -20-01 Request to be placed on: x Regular Agenda When: 03/20/01 AGENDA REQUEST Special Agenda 'Agenda Item No: Workshop Agenda Description of agenda item (who, what, where, how much): City Commission is requested to approve bid awards for replacement of City vehicles per staff recommendation. ORDINANCE/RESOLUTION REQUIRED YES/NO Draft Attached: YES/NO Recommendation: Approval. Department Head Signature: Determination of consistency with Comprehensive Plan: City Attorney Revie~v/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ~ Funding AvailableG/NO ~ '[ ] Funding alternati've .g~ ~- (if applicable) Y~/~/)(x[ ,~ Account No. & Description: '90[ ~ ~ 2-- 5q I. (a4 ~ 7~3 ~404q ~e~ ~__~[~'~°'Account Balance: l~. 3, ~ 2~ City Manager Review: Agenda Coordinator Review: Received: Action. Approved/Disapproved [lTV EIELRI:I¥ glEflE DELRAY BEACH 993 FROM: 100 N W. ~st AVENUE MEMORANDUM David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager DE(. F~AY E~EACI-, ~:L<)~ID~ 33444 5~1/' ~13- 7000 DATE: March 14, 2001 SUBJECT: CONSENT AGENDA ITEM # CITY COMMISSION MEETING MARCH 20, 2001 AWARD - REPLACEMENT VEHICLES AcUon City Commission is requested to approve bid awards for replacement of City vehicles per staff recommendation. Background City vehicle replacements are requested on an annual basis due to age, mileage, repair costs, or a combination of the above. Attachment "A" is a list of the vehicles being recommended for replacement this year. All vehicles listed through item #40 have previously been approved. Recommendation Staff recommends bid awards for a Case backhoe #580K from State Contract per attachment "C" and for a chipper from a local bid attachment "D". These unit costs include vadous options and extended warranties on all vehicles. Not included are some option items that we will acquire from other vendors not available on these contracts. The total of the recommended purchases is $64,790. Funding is available from the FY 00-01 budget in City Garage Account #501-3312-591-64.20 in the amount of ,$193,829. Attachments c: Bill Darty FIle:u'sweeney/ager~da Docl~d Award Replacement Veh 2001 agendo Ill Pnnted on Recycled THE EFFORT ALWAYS MATTERS City of Delray Beach Proposed Vehicle Replacement Listing FY 00-01 Attachment "A" Line Vehicle 5 6 7 8 9 10 11 12 13 14 15 16 17 18, 19 2O 21 22 23 24 25 Department Assigned 653i Streets Department 92621F~re Department 3981Code Enforcement 738 'Tenms Center 737'Beach Patrol 1709 Police D-3 1707 Pohce D-3 9104 EMS 207 Housing Rehab 469 WatedSewer 1306 Pohce Investigation 1303' Pohce Invesbgabon 705~ Parks Maintenance 1217'Police D1 386' Building Inspection 453 Sewage Treatment 443 Liftstation Maint. 8711 Fire Prevenbon 9201 ~Fire Admm/Support 1307 ~ Police Invesbgabon 1214; Police Invesbgabon 221 ' Ubhty Billing 1216 Police D-1 447 Liftstation Maint 387 Code Enforcement Vehicle Make Model !Old Vehicle Descripbon Ford F-350 I1 ton Cab and Chassis Intemabonal heavy rescue I Heavy Rescue Ford Escort I Sub Compact 4 Door Cushman Haulster iUbhty Golf Cart Kawasaki 400 4X4 4X4 ATV Ford Crown Victoria 4 Door Sedan Ford Crown Victoria 4 Door Sedan Ford Taurus 4 Door Sedan Chevy Lumina 2 Door Ford Aerostar Cargo Min~van Ford Taurus 4 Door Sedan Ford Bronco 4X4 Large Utility 4x4 2 dr GMC SL2500 3/4 ton Ubhty Trk Ford Taurus 4 Door Sedan , GMC J mmy Sport Ubhty 4x2 GMC S-15 J~mmy SUV 4X2 Ford F-250 '3/4 ton Ubhty Trk !Large Utility 4X4 4 dr i3/4 ton Utility 4X4 4dr Ford Crown V~ctona 14 Door Sedan _ Ford Taurus !4 Door Sedan Ford Taurus 4 Door Sedan 'Chevy S-10 compact P~ck-Up Ford Taurus 4 Door Sedan , Ford F-250 3/4 ton Ubhty Trk Ford Escort ~Sub Compact 4 Door 26 9111 Fire Prevention Ford 27 9107 Fire Prevention ' Ford 28 733 Parks Maintenance 29 656 Streets Department 30 383 Code Enforcement 31 440 Liffstation Maint. 32 9110 F~re Prevenbon 33 1705 Police D-1 34 395 Building Inspection 35 744 Ocean Rescue 36 400 Environmental Serv. 37 1710 Pohce D-3 38 1708 Pohce D-2 39 1706 Pohce D-1 40 7 Parks Maintenance 41 11 Parks Maintenance 42 723 Parks Maintenance 43. 4~6 Water Dmtnbut~on 44~ 776 Parks/Rec Admm 45; 704 Cemetery 46, 1213 Police Investigation 47 483 Liffstabon Ma~nt 48 458 Liffstabon Mamt 49 459 Liftstation Maint. 50 711 Parks Maintenance 51 451 Liffstation Ma~nt 52 479 Wastewater Taurus Taurus 'Case Tractor, 380 B Ford F-350 Cont. dump , Ford Tempo GMC 2500 P~ck-Up ' Ford Taurus Ford Crown VIctona ~Ford Escort Suburban 4X4 Ford Tempo Ford Crown V~ctona Ford Crown V~ctona Ford Crown V~ctona Toro Ground Master Toro Ground Master Asplundh Case Backhoe, 580K -Chevy Corsica Ford F-350 Cent Dump Ford Taurus 65 KW Onan Generator 30 KW Generator 30 KW Onan Generator Ford Van Ford F-250 Case Backhoe, 580K .4 Door Sedan ~4 Door Sedan i Tractor ' 1 ton Cent dump Compact 4 Door 3/4 Ton Pick-Up !4 Door Sedan '4 Door Sedan Sub 4 Door Compact !Large Ubhty 4x4 iCompact 4 Door ,4 Door Sedan ,4 Door Sedan i4 Door Sedan I Frt deck mower i Frt deck mower I Chipper ]COmbination ~4 Door Sedan ilTon Cont. Dump !4 Door Sedan 165 KW Generator i30 Kw Generator 130 KW Generator Full s~ze pass. Van 13/4 ton Ubhty Trk i comb~nabon !Year, Current Mfg I Mileage 1992 36,907 1992~ 86,083 1991, 55,308 19931 0 1997! 0 ;1997 95,98~ 1997 ~5,980 1991 143,06~ 1992 134,308 1989 1~4,555 1993 109,043 1993 100,399 1990 95,000 1992 97,877 1987 96,147 '1986 81,353 1989 87,100 1987 89,750 1992 130,988 1993 85,554 1992, 81,232 1991 73,091 1992, 77,200 1989 64,406 1991 67,756 1991 63,566 1991 61,866 1990 1114Hrs 1989 65,321 1992 60,919 1990 5~,79~ 1991 57~964 1997 88,700 1991 40,539 1987 95,000 1992 32,~31 1997 84,655 1997 76,538 1997 75,921 1989 0 1993 0 1987 0 1989 2930Hrs 1991 82,5~6 1987 43,~ 1992 68,52§ 1971 d 1971 0 1974 ~ 1989 85,270 1989 71,~0 1989 3400Hrs City of Delray Beach Proposed Vehicle Replacement Listing FY 00-01 Attachment "C" State of Florida Vehicle Contract rLine # Vendor 43 Briggs Equipment JYear Make 2001!Case !Model I New Veh~c e Description 1580 Turbo Loader ICombina~ion Loader !Line Item 'Commodity # I Cost Total Cost 760001991 ~ 37,470- 37,470 City of Delray Beach Proposed Vehicle Replacement Listing FY 00-01 Attachment "D" Broward County Bid Line # Vendor Year Make 42 WE Johnson Equip. 2001 Bandit Model 250XP Ch~pper Line Item New Vehicle Description Commodity # Cost Total Cost piggy back bid 27,320 27,320 AGENDA REQUEST Request to be placed on: March 20, 2001 Date: March 15, 2001 XX Consent Agenda __ Special Agenda __ Workshop Agenda Description of agenda item: Bid award of Bid #2001-16 - Anti-Rust Chemicals in City Irrigation System - to Iow bidder, Rust Off Inc., for an estimated annual usage of $25,600. ORDINANCE/RESOLUTION REQUIRED' YES Draft Attached: YES NO NO Recommendation: Bid award to Rust Off Inc. for the Anti-Rust Chemicals in City Irrigation System for an estimated annual usage of $25,600. Funding from account code 119-4144-572-52.21. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items invoking expenditure of funds): Funding available. Funding alternatives: Account Number: Account Description: Account Balance: Yes ~,.,~J No ~ (if applicable) City Manager Review: Approved for agenda: Hold Until: No Agenda Coordinator Review: Received' Action: Approved D~sapproved MEMORANDUM TO: FROM: THROUGH: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph Saffor~nance Director DATE: March 15,2001 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING MARCH 20, 2001 - BID AWARD - BID #2001-16 ANTI-RUST CHEMICALS IN CITY IRRIGATION SYSTEM Item Before Commission: City Commission is requested to approve the bid award to low bidder, Rust Off Inc., for Anti Rust Chemicals in City Irrigation System for an estimated annual cost of $25,600. Background: Bids were received on February 07, 2001 from two (2) contractors all in accordance with City purchasing procedures. (Bid #2001-16. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Director of Parks and Recreation and the Park Maintenance Supervisor recommend award to low bidder, Rust Off Inc. See attached memo dated March 06, 2001. Rust Off Inc. is our current vendor who has had the contract for the past six (6) years. Their unit price of $1.95 per gallon has remained the same since the bid award in 1996. The Park Maintenance Supervisor also contacted the second bidder to inquire as why their unit price was so much higher. The bidder stated he was bidding on the entire system and not the unit price per gallon for the chemical, and he had not even looked at the areas specified in the bid specifications. In addition, this bidder did not submit any references for rust inhibitors. Recommendation: Staff recommends award to low bidder, Rust Off Inc., for Anti Rust Chemicals in City Irrigation System for an estimated annual cost of $25,600. Funding from account code #119-4144-572- 52.21. Attachments: Tabulation of Bids Memo from Director of Parks and Recreation TO: Jackie Rooney, Purchasing Supervisor OM: THROUGH: DATE: ~im SimTns, Park Maintenance Supervisor e Weldon, Director of Parks and Recreation 3/6/01 SUBJECT: ANTI-RUST BID # 2001-16 Based on the Tabulation bids supplied to me and the inquires I have made, it is my recommendation that we award this B~d to Rust -Off Inc. If you have any questions please contact me at 243-7260. I:IT¥ OF DELRflY PURCHASING DIVISION TO: FROM: THROUGH: DATE: SUBJECT: Tim Simmons, Parks Superintendent _~/ Jackie Rooney, Purchasing Supervisor ~ Safford, Finance Director ~ Joseph February 14, 2000 Bid #2001-16 Anti Rust Chemicals in City Irrigation System Attached is the "Tabulation of Bids" and a copy of the two bids received on February 07, 2001 for the above referenced subject. The bid advertised in the Palm Beach Post and on the internet with DemandStar. Com. The bid package was requested by thirty (30) vendors. Please review and forward to Purchasing your award recommendation and I will proceed with the Commission Agenda Package. The current contract with Rust Off Inc. expires on March 05, 2001. If you have any questions, you may contact me at ext. 7163. · Attachments Cc: Joe Weldon, Director of Parks and Recreation CITY OF DELRAY BEACH TABULATION OF BIDS ANTI-RUST CHEMICALS IN CITY IRRIGATION SYSTEM BID NUMBER: 2001-16 OPEN: 02/07/2001 AT 3:00 P.M. B & A Construction Service Group $ 66.85 per gallon Rust-Off Incorporated $ 1.95 per gallon Purchasing Division 100 NWIst Avenue, Delray Beach, FL 33444 (561) 243-7161 AGENDAITEM NUMBER: g~'~ AGENDA REQUEST Request to be placed on: March 20, 2001 Date: March 15, 2001 XX Consent Agenda __ Special Agenda ~ Workshop Agenda Description of agenda item: Approve the bid contract renewal for the purchase of calcium hypochlorite from Leshe's Swimming Pool Supphes and purchase of liquid chlorine from Jones Chemical via the City of Boca Raton Co- op Bid #2000-046 at an estimated annual cost of $73,815 for the City of Delray Beach Funding from account code 441-5122-536-52.21 for $69,090 and from 441-5144-536-52.21 for $4,725. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached. YES NO NO Recommendation: Approve contract renewal for the purchase of liquid chlorine and calcium hypochlorite wa the City of Boca Raton Co-op Bid #2000-046. Department Head Signature. .... ~ ~ Determination of Consistency '~th~Comprehensive Plan' ' k City Attorney Review/Recommendation (if applicable): Budget Director Review (required on al<=~ Funding available' Yes ~ invpIvir~l ex. penditure of funds): No Funding alternabves: Account Number: Account Descripbon: Account Balance. I City Manager Review: Approved for agenda: ~ ...... ~, Hold Until: No (if applicable) Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph ~ance Director March 15, 2001 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MARCH 20, 2001 - CONTRACT RENEWAL BID #2000-046 - CITY OF BOCA RATON CO-OP BID FOR LIQUID CHLORINE AND CALCIUM HYPOCHLORITE Item Before Commission: The City Commission is requested to approve the one year contract renewal awarded to Leslie's Swimming Pool Supplies for the purchase of Calcium Hypochlorite at $94.50 per 100 lb. dram and to Jones Chemical for the purchase of Liquid Chlorine at $294.00 per ton for the Water Treatment Plant via the City of Boca Raton Co-op Bid #2000-046. The estimated annual usage is $73,815 for the City of Delray Beach. Background: The City of Boca Raton is the lead agency for this cooperative bid. This bid was awarded on March 05, 2000, by Delray Beach City Commission to Leslie's Swimming Pool Supplies for the purchase of Calcium Hypochlorite. See attached copy of Delray Beach agenda package dated February 29, 2000. The City of Boca Raton is recommending the renewal of these contracts and is scheduled for their March 20, 2001 Council meeting. This renewal also includes the acceptance of a price increase requested by Leslie's Swimming Pool Supplies from $88.99 per 100 lb. dram for Calcium Hypochlorite to $94.50 per 100 lb. drum. See attached memo dated February 20, 2001 from the City of Boca Raton. Recommendation: Staff recommends the contract renewal with Jones Chemical and Leslie's Swimming Pool Supplies for the purchase of liquid chlorine and calcium hypochlorite at an estimated annual cost of $73,815. Funding from account code 441-5122-536-52.21 for $69,090 and from 441-5144- 536-52.21 for $4,725. Attachments: Memo from City of Boca Raton Dated 02/20/01 Agenda Package dated 02/29/01 PURCHNSIN6 BOC~ RN~flN Fax'S61-393-?983 Feb 21 '01 10:12 P. 01 FAX COVER SHEET CITY OF BOCA RATON PURCHASING DIVISION 201 W. PALMETTO PARK ROAD, BOCA RATON, FL DATE: February 20, 2001 TIME: 3:15 PM TO UTILITY SERVICES CO~IMODITY BUYER FOR CHLORINE Chlorine Co-Op Members (Boynton Beach, Delray. Lake Worth, Riviera Beach. West Palm, S, Central Reg Wastewater Trot. Plant, Tequesta, Wellington, Lantana) FROM: RE: Lynn Kunkel PHONE: [5§1-393-7874] Sr. Buyer. Purchasing Division FAX: [561-393-7983] Renewal Option #1. L~quid Chlorine & Calcium Hypochlorite Bid PALM BEACH COUNTY CO-OP BID NO. 2000-04G Page I of 3 Attached are the renewal letters from Jones Chemical and Leslie's Swimming Pool Supplies. In regards to the price increase for the Calcium Hypochlorite - The price of $95.00 is still less than anyone bid originally in 2000. The Broward Co-Op pays $94.50 from Allied and I believe they have minimum order requirements. I will be placing this on the City's March 20, 2001 Council meeting for renewal and acceptance of the price increase. Thanks PURCH~S[N6 BOC~ R~TON Fax:56~-393-7983 Feb 21 '01 10:13 P. 03 ~e~ zu ZUUl 1/:1r ~.Ol Feb 1~ '0! 14~44 P. 0! FebRm~ 12, 2001 8URJECT: ~ No. 20004~, Lkl~l ¢l~mim & oa~lum Hvpoon~or~ ~ Mm. ~;omqe; Our b~d raferenaea l~ve exgtm$ Mere~ $I, 2~I. A~ epiclfled In the bid. wl m renew the exMing ~ fo~ ~not~er olle-yllir perm~ if It )m mulumdly igreemble tD Ill one.yom, extenrdo~ of our current oanlract st prk;e$ PWII~It coml~ ~ return Illls fae'm t~ ll~e ~ra~mmlng I~v~an I~.Fmmbna4m/~. __~O.~L Youi, ~ell~ may M T~d ~ C~ Pix n~mber ~1-30~7~3 w~h ~ o~nml and iny mqUlt~ ~flmenlm mmm~ b ~. ~ ~. ~e CRy wlff m18o neeO n~ (nsurmnoi ~~ ee an ~~ I~md ~ Camel G~I Lla~lily. Senior Burr PURCHFtSING BOCFI RI::ITON Fax:561-393-?983 Feb 21 '0:~ 10::[3 P. 02 Fabruary 1:~. 2001 Will(mm ~ Branch Mermger JOI Jome~ Ch~mim/Inc. I!100 NW ~d ~met R. l. mudardale, FL $3~11 aid No. 2l:XI0-04~ Liquid Gh~rlne & C~icium flyi~;hiorlle COn.mt I~e~wal Opllen No. 1 Clear Mr. Brown!b; our bid mbrenced above moires klatch 31.2001. Ae speeifwd In ~ bid. We have m option Pteam earle by eignature bel~, ~f I ~l-Yllr e~enlion of our ~un'e~ com~mct it prices Kited In ),o~ bid rimed Fei)l't~fy 16, 2000 weuld I:~ KeeFhbll. filial, Cl'lll] SeniOr ~yer x j bomb/egnm to a oW WnmlOf~ ,~ lhe aub~ blU. _.__.j mm unebb t~ eoctund She bid i~'bls for an mddillon.! ~ne-year pe~od, ~ zll6/01 Request to be placed on: X Regular Agenda When. 03/20/01 AGENDA REQUEST Special Agenda Workshop Agenda Description of agenda item (who, what, where, how much): City Commission is requested to approve a bid award to Regency Dodge under State contract number 070-544-428 in the amount of $24,186 for a Dodge heavy duty 3/4 ton pick up truck. Funding is available in account 001-2315-526-64.20. ORDINANCE/RESOLUTION REQUIRED YES/NO Draft Attached: YES/NO Recommendation: Approval. Department Head Signature. Determination of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): . ~.~ Funding Availab~)'qO /~oX~/ Funding altemati¥~ (if applicable!, -- -, Account Balance: X"~,O:~ O c~qr~ ~ ~0~ ~'~O~q~ City Manager Review: Approved for agenda: ~/NO ~ Hold until: Agenda Coordinator Review: Received: Action: Approved/Disapproved OELRAY B~oCH~ AII-AIIMId~C~ 100 N W 1st AVENUE DELRAY 9EZ~CH £LC)F~IDA 38444 993 TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager 561/743-7000 DATE: March 14, 2001 SUBJECT: CONSENT AGENDA ITEM CITY COMMISSION MEETING MARCH 20, 2001 BID AWARD - % TON PICK UP TRUCK ACTION City Commission is requested to approve a bid award to Regency Dodge under State contract number 070-544-428 in the amount of $24,186 for a Dodge heavy duty % ton pick up truck. Funding is available in account 001-2315-526-64.20. BACKOROUND A position of Special Operations Lieutenant was approved in the current budget. A vehicle is needed for this position. Our staff has carefully reviewed the duties and tasks to be performed by this position and reviewed different vehicle options for purchase. Our staff concurs with the Fire Department request to purchase a ~A ton heavy duty pick up truck. This is a new vehicle and funding will come from the Fire Department budget. Rt?.COAt.MF.,J~IDATiON Staff recommends bid award to Regency Dodge under State contract number 070-544- 428 in the amount of $24, 186 for a ~A ton heavy duty pick up truck. Funding is available in account number 001-2315-526-64.20. RAB/tas Filc:u:sweeney/agcnda Bid Award ton pick up truck Fire Dept Prtnted on Recycled Paper THE EFFORT ALWAYS MATTERS [ITY OF DELRI:IY BEI:Ir'H FIRE DEPARTMENT DELRAY BEACH SERVING DELRAY BEACH · GULFSTREAM o HIGHLAND BEACH AII-A~ic~ City ~993 To: Robert A. Barcinski, Asst. City Manager From: Kerry B. Koen, Fire Chief Date: February 27, 2001 Subject: Justification Vehicle Purchase Special Operations Lieutenant I have reviewed the six questions that you raise in your February 26th memorandum and I am pleased to provide the following information. The primary functions of the position include emergency field responses, training activities, and administrative coordination. The emergency response functions involve Technical Rescue support, water emergencies when the Dive Team is deployed, Hazardous Materials Incident support and management (both in urban and remote locations), and potential deployment county-wide as part of our Regional Hazardous Materials Response plan. Training functions include hazardous material incident simulations, joint training exercises with the City of Boca Raton, technical rescue simulations and support of the Dive Team activities. Administrative functions include coordination with our Fire Safety Division to insure compliance with local and state regulations in "high risk" occupancies storing larger quantities of hazardous materials, quality assurance functions for all local, state and federal regulations applicable at the municipal level pertaining to HazMat Team safety and certifications, and assistance with the public information functions related to hazardous materials incidents and specialized rescue. As we reviewed the design criteria for this vehicle it became clear that an extended cab would be very useful to store and secure a variety of safety equipment including Personal Protective Equipment issued to the assigned user, quick access to resource materials and data bases, Dive Rescue equipment, Self Contained Breathing Apparatus, some Technical Rescue gear and equipment, etc. Many of these items are rather bulky and require a significant amount of space for storage. In all cases, these items are best maintained in a dry environment, particularly the paper based resources and references. Awareness of potential weather conditions played a roll in this design consideration. The equipment to be routinely carried inside the extended cab is identified above and the anticipated equipment list will weigh about 400 pounds when deployed. Additionally, the need arises to carry training props for L.P. Gas simulations and chlorine leak simulations, and drums up to 55 gallons in size. These props and drums are bulky, and are best transported in an open carrier. Additionally, over the years we have utilized trucks of the size proposed to efficiently and promptly remove numerous containers of unknown chemicals and substances from remote areas (which probably became "dumping areas" largely due to their remoteness) in consideration of environmental and public exposure risks. FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Pnnted on Recycled Paper Robert A. Barcinski Justification Vehicle Purchase February 27, 2001 Page -2- The requested vehicle will not be used primarily for towing. However, with the addition of a towing package we would be able to more efficiently deploy this vehicle and our hazardous materials support trailer for extended training periods (up to 3 to 4 days at a time) without having to disrupt daily operations of either the Battalion Chief, EMS Supervisor, of Fire Investigator to obtain a vehicle designed for towing functions. Currently, three other departmental vehicles have towing capability, however this additional package is a recommended system enhancement. The four-wheel design is requested to allow us to deal with incident management in more remote areas of the community, and the south County region as a whole, consistent with our interlocal agreement responsibilities. When analyzing risk factors associated with hazardous materials, dive team operations and some technical resource issues, it is clear that much of the potential occurs along transportation corridors, including 1-95, the Intercoastal Waterway, and rail lines. These corridors often may only be served by "off-road" approaches paralleling the corridors. Four-wheel drive capability is indicated for this purpose. Additionally, we would be able to facilitate "relay" deliveries of personnel and equipment to remote sites impacted by soft sand and earth conditions by utilizing an open bed truck with this capability. Additionally, we must also consider our overall emergency management responsibilities related to storms and high water conditions. In these circumstances, additional four-wheel drive capacity will be needed system-wide. It seems wise to invest in this capability now, especially when other vehicle design considerations support the utility aspect and added "value". We are also required to pick up our portion of jointly purchased supplies for Hazardous Materials operations from Palm Beach County Fire-Rescue's receiving site in the West Palm Beach area. These supplies may be palletized, making our current pick-up process somewhat cumbersome. In the past we have had to utilize a reserve rescue unit by removing the stretcher to make room for these supplies. When the delivery is complete, the interior of the rescue unit must be thoroughly cleaned and decontaminated. An open bed area would be much more suitable for this purpose. When all of the above factors are considered, a sedan would not be as practical as the proposed design, and the recommended utility aspects would be reduced, if not eliminated. If you have any additional questions or need additional information, please contact me or Asst. Chief Wigderson, and thank you for your consideration in this matter. Kerry B. Koen Fire Chief cc: Bill Darty Asst. Chief Wigderson MEMORANDUM TO: FROM: SUBJECT: ~i~RM~G~IRT~MMISSIONERS AGENDA ITF/~ # ~ - REGULAR MEETING OF MARCH 20~ 2001 SECTION 108 LOAN FOR ATLANTIC GROVE DEVELOPMENT/LOC;fL DATE: INTITIATIVES SUPPORT CORPORATION (LISC) MARCH 16, 2001 This is before the Commission to consider approval for the request from the local LISC office to collaborate with the City under Section 108 Loan Guarantee Program. LISC, along with the TED Center and Delray Beach Community Development Corporation, are the non-profit partners with New Urban Design, Inc. selected by the CRA for the first for-profit redevelopment project within the West Atlantic Avenue Redevelopment Area. We have spoken with a consultant who has done a great many redevelopment projects involving Section 108 loans. He has also reviewed the pro formas provided by LISC. After speaking with the consultant and discussing the pro formas, we believe a Section 108 Loan and an Economic Development Initiative Grant can be structured for this project so that the risk to the City CDBG funds is minimal, our administrative costs are minimized, and the Atlantic Grove project can be marketed for the initial lease up at an advantageous rate. We recommend that staff be authorized to negotiate a consulting contract for assisting the City in preparing an application for a Section 108 Loan and an Economic Development Initiative Grant to assist the Atlantic Grove project. The application would include the terms of repayment by the developer, and would require approval by the Commission prior to submission to HUD. Date: March 16, 200 Agenda Item No. ~} ~ AGENDA REQUEST Agenda request to be placed on: X Regular __ Special When: March 20, 2001 Description of Agenda Item: Section 108 Loan Guarantee Program Ordinance/Resolution Required: Recommendation: Approval Department Head Signature: __ Workshop __ Consent Yes ~ Draft Attached: Yes / No Ci_ty Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) Ci_ty Manager Review: Approved for agenda / No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 Memo To: From: Re: David Harden, City Manager Lula Butler, Director, Community Improvement March 16, 2001 Section 108 Loan Guarantee Program ITEM BEFORE THE COMMISSION: City Commission consideration of additional information relative to the request from the local LISC office to collaborate with the City under the Section 108 Loan Guarantee Program. LISC, along with the TED Center and Delray Beach Community Development Corporabon, are the non-profit partners with New Urban Design, Inc. selected by the Community Redevelopment Agency for the first for-profit redevelopment project within the West Atlantic Avenue Redevelopment Area. BACKGROUND: The Commission directed staff to review and comment on the following list of items prior to them taking formal action on the request from the development team to have the City partner with them under the Section 108 Loan Guarantee Program. Staff response is provided under each directive. · Review the preliminary pro-forrna data for the Atlantic Grove Project to determine the development's potential for repayment of the $1.5 million loan. Staff has completed its review of the preliminary 10-year cash flow pro-forma, showing the debt service for the commercial buildings as submitted by Annetta Jenkins of LISC. Based on what we have reviewed (in consultation with HUD staff), it appears that the development wdl have sufficient cash flow to cover the debt service on a $1.5 million loan. Staff's approach to the project will be to give the development a chance to get a jump start, which may consist of requiring no payments during the first three to five years of the project. We will use grant dollars available under the competitive Economic Development Initiative (EDI) Program to cover the debt services during this period. The application deadline for participation in the EDI program is July 6, and will be submitted simultaneously with the Secbon 108 Loan application. The Commission should be aware of the fact that the initial application to HUD will give us the loan reservation. The approval and reservation letter from HUD will provide a specific date by which the offer will expire if certain conditions are not met. One of the conditions will be to submit a repayment schedule for the guaranteed loan that is acceptable to HUD. Staff, with the assistance of the consultant, will negotiate the terms of repayment with the development team as well as the conditions and requirements that must be met prior to expending any federal money on this project. The initial request to draw down the funds will begin the schedule of repayments. · Page 1 Also, HUD has advised us that we could minimize our administrative cost by using the Section 108 Guarantee funds for soft costs to the project such as property acquisition, design and permits which will not trigger Federal prevailing wage requirements. If we use 108 dollars for repayment of interest on first or second mortgages or closing costs, it will constitute financing of the construction work in whole or part and thus, would trigger Davis-Bacon wage requirements. The developer will be required to submit a MAI appraisal to determine the project's as-built value to minimize the City's risk. HUD will require a minimum loan to value ratio of 80 percent. Contact Langton & Associates regarding their ability to provide sufficient consulting services to the City under our current contract for the Section 108 Loan application and the Economic Development Initiative (EDI) competitive grant program. Staff will comment on this matter at the Commission meeting pending direct contact with Michael Langton on Monday, March 19. We believe, however, that consultant services from a firm that has substantial experience in the areas of Redevelopment activities, Commercial financing and grant writing is very important to ensure that we are able to negotiate and recommend to you the best terms for both the City and the proposed development project. · Assess the impact of using General Revenue Dollars as "additional security" to the City's bonds rating. The City Attorney will provide this information to you. RECOMMENDATION: Staff is recommending that the City Commission authorize the submission of applications for participation in the Section 108 Loan Guarantee fund and the Economic Development Initiative (EDI) competitive grant program with the assistance of a contracted consultant, in partnership with the Atlantic Grove Project Development Team. Commission's authorization will provide for the negotiation of terms for repayment and other conditions that must be met, subject to their approval, prior to the expenditure of program funds. Staff will agenda the applications prior to submitting to the Department of Housing & Urban Development. · Page 2 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITF/~ # ~ - REGULAR MEETING OF MARCH 20, 2001 SECTION 108 LOAN FOR ATLANTIC GROVE DEVELOPMENT/LOCAL DATE: INTITIATIVES SUPPORT CORPORATION (LISC) MARCH 16, 2001 This is before the Commission to consider approval for the request from the local LISC office to collaborate with the City under Section 108 Loan Guarantee Program. LISC, along with the TED Center and Delray Beach Community Development Corporation, are the non-profit partners with New Urban Design, Inc. selected by the CRA for the first for-profit redevelopment project within the West Atlantic Avenue Redevelopment Area. We have spoken with a consultant who has done a great many redevelopment projects involving Section 108 loans. He has also reviewed the pro formas provided by LISC. After speaking with the consultant and discussing the pro formas, we believe a Section 108 Loan and an Economic Development Initiative Grant can be structured for this project so that the risk to the City CDBG funds is minimal, our administrative costs are minimized, and the Atlantic Grove project can be marketed for the initial lease up at an advantageous rate. We recommend that staff be authorized to negotiate a consulting contract for assisting the City in preparing an application for a Section 1.08 Loan and an Economic Development Initiative Grant to assist the Atlantic Grove project. The application would include the terms of repayment by the developer, and would require approval by the Commission prior to submission to HUD. Ref:AGMEMO10.AtlanticGrove. LISC.3-20-01 [IT¥ OF DELRFI¥ BEFI[H CITY ATTORNEY'S OFFICE mw TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM March 8, 2001 City Commission Susan A. Ruby, City Attomey Woman's Club Amended and Restated Lease Writer's D~rect Line 561/243-7091 The Woman's Club has approved the attached Amended and Restated Lease for the joint use of the Woman's Club, as a Woman's Club, a youth center, community meeting place and public park. The essential terms of the Lease are: · The lease term remains the same. (The lease expires in 2047) · The Woman's Club shall have first priority use for Woman's Club purposes as set forth in the yearly list provided by the Woman's Club. · The City will use the facility as a youth center, community meeting place and public park. · The City will provide all maintenance at its sole expense. · The City will set up and take down available tables and chairs for woman's club functions. · The Woman's Club will have exclusive use of the "boardroom". The boardroom will remain locked. · The City will pay all utilities. · The City will provide janitorial services and make sure that the building is neat and clean for Woman's Club activities. · The City will provide insurance and name the Woman's' Club as an additional insured. · The City will pay the Woman's' Club $3,800 per year as adjusted by the CPI Index. City Commission March 8, 2001 Page 2 By copy of this memo to David Harden, City Manager, our office requests that the attached Amended and Restated Lease be placed on the March 20, 2001 City Commission agenda for approval. cc: David Harden, City Manager Barbara Garito, Acting City Clerk Lula Butler, Director of Community Improvement Chief Richard Overman, Delray Beach Police Department Robert A. Barcinski, Assistant City Manager Cathy Kozol, Police Legal Advisor RESTATED AND MUTUAL LEASE THIS RESTATED AND MUTUAL LEASE is made this day of , 2001, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the City/Lessor) and the WOMAN'S CLUB OF DELRAY BEACH, FLORIDA, a non-profit corporation under the Laws of the State of Florida (the Woman's Club/Lessee). WITNESSETH: WHEREAS, the City acquired property in 1926 with the privilege of leasing any or all of the property to the Woman's Club with the provision that the land shall continue to be known as Currie Memorial Park, for the purpose of erecting and maintaining a club building and park, with no part thereof to be used for business or commercial purposes; and, WHEREAS, the City and Woman's Club entered into a Lease dated August 24, 1948 for 99 years; and, WHEREAS, the Woman's Club constructed a club building on the Leased Premises; and, WHEREAS, the Lease was amended February 22, 1965 reducing the size of the leased area and thus lessening maintenance responsibilities of the Woman's Club; and, WHEREAS, the City and the Woman's Club, desire to enter into this Restated and Mutual Lease; and, WHEREAS, the Lease provides that the City shall maintain the entire property including the Woman's Club building on the Leased Premises; and, WHEREAS, the Woman's Club agrees to Lease to the City, the Woman's Club building for the purposes set forth herein; and, WHEREAS, the Woman's Club Lease to the City does not preclude the Woman's Club from also using the property and building as herein provided; and, WHEREAS, the advantages are that all responsibilities of the Woman's Club under the previous Lease, of whatsoever kind are eliminated; and, WHEREAS, the City gains a facility to be used by the community. NOW, THEREFORE, the parties hereto for the promises and covenants herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged state as follows: Recitals. The Recitals set forth above are incorporated as if fully set forth herein. 2. Legal Description of Leased Premises. The legal description of the Leased Premises is, "that certain tract of land shown on the plat of Oceola Park, as recorded in the Public Records of Palm Beach County, Florida and marked, "Baseball Field", the same being bounded on the East by Federal Highway, on the West by Dixie Highway, on the North by a 20 foot alley and on the South by a 20 foot alley. The property includes all the above property, less the East 140 feet thereof and includes all improvements therein including the building known as the Woman's Club of Delray Beach (hereinafter referred to as, "the Leased Premises"). contained in the original Lease and Amendment thereto. 4. Use of Premises. The City Leases to the Woman's Club the land described in Paragraph 2. The Woman's Club shall have and retain full use of the Leased Premises and the building contained thereon for the purpose of conducting a "club" known as the Woman's Club of Delray Beach. The Woman's Club shall lease to the City as Co-Lease, the Leased Premises and building situated thereon. The City shall also have full use of the Leased Premises for use as a youth center, community meeting place and center and public park except that the Woman's Club shall retain exclusive use of the "boardroom". The "boardroom" shall remain locked. The Woman's Club shall have first priority of use and may utilize the Leased for Woman's Club purposes and for activities ancillary to the activities of the Woman's Club itself, but not for any commercial purpose (hereinafter referred to as Woman's Club Purposes). The Woman's Club shall submit by November 1st of each year, the dates the Woman's Club desires to use the facility for Woman's Club purposes, until October 31 st of the next year and each year thereafter. The City shall not use the Leased Premises on the dates and/or times reserved by the Woman's Club, unless the Woman's Club allows joint use on the same day and/or time. If the Woman's Club desires to use the Leased Premises in addition to the dates and/or times previously submitted for Woman's Club Purposes, the City, to the extent reasonably possible, will accommodate the Woman's Club's request. The Woman's Club shall endeavor to give thirty (30) days prior notice of its desire to use the Leased Premises on dates and/or times other than provided in Term. This Lease shall be from 99 years from August 24, 1948, as the annual list. Neither party may use the Leased Premises for business or commercial purposes. 5. Consideration; Maintenance. The City is extremely appreciative of the Woman's Club's willingness to permit the City to develop a youth center, community meeting and center, and public park. In consideration of the generosity of spirit of the Woman's Club, the City hereby agrees to assume total maintenance of the entire Leased Premises and all structures thereon, eliminating entirely all the Woman's Club's maintenance responsibilities and further eliminating the Woman's Club's need to raise money by leasing, subleasing or licensing the facility, in order to raise funds to maintain the Leased Premises. The City shall set up and take down available tables and chairs sufficient for 20 people for the Woman's Club's eight monthly meetings and at other times as the Woman's Club may in advance request. The City shall pay the Woman's Club $3,800.00 per year to facilitate the Woman's Club's payment of its organizational commitments, to be paid on the commencement of this I~ase and on the same date each year thereafter, as adjusted by the CPI Index. 6. Utilities. The City shall pay and be responsible for all utilities. 7. Insurance. The City shall insure the property as part of its insurance program and shall provide comprehensive general liability insurance naming the Woman's Club as an additional insured. 8. Janitorial Services. The City shall provide for all Janitorial Services, and shall make sure that the Woman's Club building is clean and neat prior to Woman's Club's use of the premises. 4 9. Improvements. The City shall be responsible for making or adding improvements, none of which shall be contrary to the deed restrictions and shall not interfere with the long-term use by the Woman's Club. If any short term interference may be occasioned by adding improvements constructed at the direction of the City, the City shall give the Woman's Club thirty (30) days advance notice thereof and shall lessen the impact of any interruption to the Woman's Club to every extent possible. The City shall not erect permanent partitions in the existing Woman's Club building. 10. Improper Use. The City and Woman's Club covenant and agree that they will not make any unlawful, improper use of the premises. 11. Entire Lease. The City and the Woman's Club desire to substitute this Restated and Mutual Lease for the original Lease and subsequent Amendment. The terms and provisions of this Restated and Mutual Lease shall supercede all previous Leases and Amendments. ATTEST: By:. City Clerk Approved as to Form: By:. City Attorney CITY OF DELRAY BEACH,.FLORIDA By: David Schmidt, Mayor WOMAN'S CLUB OF DELRAY BEACH By: President ATTEST: By: Secretary STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ., 2001 by of corporation, on behalf of the corporation. produced day of He/She is personally known to me/or has (as identification). Signature of Notary Public rev. 1/6/01 DELRAY BEACH E t o · i o 4 m-AmdcaC 993 FROM: 100 N W 1st AVENUE MF. I DUM David T. Harden, City Manager ~Robert A. Barcinski, Assistant City Manager DELRAY BEACH F~ ORIOA 33444 DATE: March 14, 2001 SUBJECT: CONSENT AGENDA ITEM CITY COMMISSION MEETING MARCH 20, 2001 APPROVAL 5 YEAR AGREEMENT WITH THE JOINT VENTURE FOR FOURTH OF JULY FIREWORKS DISPLAY ACTION City Commission is requested to approve a five (5) year agreement with the Joint Venture to solicit bids and contract for the fireworks display, handle marketing and to assist in the promoting and organizing the event. 8ACK~iROUND The City entered into an agreement in 1996 with the Joint Venture for the purpose of having the Joint Venture solicit fireworks display bids and to enter into a contract for same with a vendor and to assist the City in marketing and promoting the event to include fund-raising. The 1996 agreement has expired and we are proposing approval of a new five (5) year agreement with the Joint Venture beginning in 2001 through 2005. The terms and conditions of this agreement are essentially the same as the 1996 agreement except for the City contribution of $40,000, which will be paid directly to the Joint Venture. Prior to 1996 the City discovered the difficulty in trying to prepare and award bids for a fireworks display under our purchasing rules. The Joint Venture is able to negotiate with different companies and make an award. The Joint Venture is also able to obtain part of the cost of the display as a donation from the vendor, thus reducing the cash outlay. Attached is the proposed agreement with a draft of the contract between the Joint Venture and Fireworks by Grucci for the fireworks display over the next five (5) years. R~COblMF~DATiON Staff recommends approval of the agreement between the City and the Joint Venture for the Forth of July Fireworks event. RAB/tas CC: Marjorie Ferrer File:u:sweeney/agenda Fourth of July Fireworks Display 2001 56~/2a3-7000 THE EFFORT ALWAYS MATTERS AGREEMENT THIS AGREEMENT entered into this ~ day of /~.4..~£~ , 2001 by and between the CITY OF DELRAY BEACH ("City"), a Florida municipal corporation, and the DELRAY BEACH JOINT VENTURE, hereinafter referred to as ("Joint Venture"). WlTNESSETH: WHEREAS, JOINT VENTURE and the CITY desire to ensure that a fireworks display is presented on the Fourth of July eve~y year from 2001 through 2005; and WHEREAS, JOINT VENTURE is willing to solicit bids, contract, and handle all the marketing for the annual fireworks display; and WHEREAS, the CITY and the JOINT VENTURE desire to assist in the promotion and organization of the fireworks display in order to provide an annual community-wide event in which all individuals may participate; and WHEREAS, the CITS' shall provide the logistics and management of the event. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt m~d sufficiency of which is hereby acknowledged, the CITY and the JOINT VENTURE do hereby agree as follows: 1. The JOINT VENTURE agrees to be the named sponsor for the annual fireworks display with the CITY'S cooperation for the annual Fourth of July fireworks for the years of 2001, 2002, 2003, 2004 and 2005. 2. The firexvorks display shall take place off the CITY'S public beach or at another location mutually acceptable to the parties. 3. JOINT VENTURE agrees to be responsible for soliciting bids, contracting, marketing, and collecting sponsorship fnnds to cover the cost for the fireworks for the annual Fourth of July fireworks show. The contract for the fireworks display shall state that the contractor has the responsibility to obtain all necessary permits and approvals fi'om all federal, state, and local governmental agencies that have jurisdiction over a fireworks display offshore of the municipal beach, and any other location. The CITY and JOINT VENTURE agree to cooperate in order to insure that the necessary permits and approvals are obtained. 4. JOINT VENTURE shall take all actions to insure that the contracted cost of the fireworks display does not exceed the amount of funds available through sponsorships and the CITY'S ammal contribution. 5. The JOINT VENTURE is responsible for the collection and deposit of all cash contributions for the event, including, but not limited to the CITY'S contribution. The JOINT VENTURE agrees to make ail payments to the fireworks contractor to include display and barge costs. 6. The CITY will make a minimum contribution of $40,000 annually to the JOINT VENTURE for the term of this Agreement, of which said funds may be used to offset the costs of the Fourth of July Fireworks display. Any requested increases to this amount will be considered during the Annual Operating Budget review. 7. The JOINT VENTURE shall provide the CITY with a properly executed insurance certificate obtained by the contractor no later than June 25th of each year of the agreement which indicates that the fireworks contractor has general liability insurance in the amount of $1,000,000.00 with the CITY and the JOINT VENTURE named as additional insured on the policies. 2 8. JOINT VENTURE shall also provide the CITY with a properly executed indemnification agreement, a copy of which is attached hereto as Exhibit "A" signed by the fireworks contractor no later than June 25th of each year of the agreement. 9. The CITY shall provide the site of the event, crowd and traffic control, and be responsible for the public safety and operation of the event at which the fireworks are displayed. 10. This Agreement, included attaclm~ents hereto, constitutes the entire agreement between the parties, and shall supersede and replace all prior agreements or understandings, written or oral, relating to the matter set forth herein. 11. This Agreement may be amended or modified only by written addendum or amendment signed by the parties and authorized by their respective elected officials. 12. This Agreement shall be effective on the date executed by the City of Delray Beach and shall remain in force until canceled by either party. Either party may cancel this Agreement by providing written notice no less than six (6) months prior to the next upcoming Fourth of July. 13. This Agreement shall be deemed to be made and shall be in accordance with the laws of the State of Florida, which shall be controlling in any dispute that arises pursuant to this Agreement. 14. All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at the following address: As to CITY: City of Delray Beach Joseph Weldon, Parks and Recreation Director 50 N.W. 1st Avenue Delray Beach, Florida 33444 As to JOINT VENTURE: Delray Beach Joint Venture Marjorie Ferrer, Downtown Coordinator 64 S.E. Fifth Avenue Delray Beach, Florida 33483 15. In the event the JOINT VENTURE shall incorporate, it shall have the right to assign all of its rights and duties hereunder to the corporation, and the members of the JOINT VENTURE shall have no individual liability hereunder. ' IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the date first above written. ATTEST: Alison MacGregor Harry City Clerk Approved as to Form: ~/~ity Attorney ATTEST' CITY OF DELRAY BEACH, FLORIDA jBy: David Schmidt, Mayor Delray Beach Joint Venture Print Name: & I ¢ >lfffZ I0 Title: CJq ~ ~z ~ ~ m State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this 2001 by produced day of , , who is personally known to me or who has (type of identification) as identification, july4th2001 .agt doc Signature of Notary Public - State of Florida 4 02/05/01 07:43 , "Arne;icag First Family of F~reworks" S,nce 1850 FIREWORKS BY To: C~qm,'r'ral July ,~tA, 1;G8 Coordinator Downtown Joint Venture 64 SE 5~ avenue Delray Beach, FL 33483 From: M. Philip Buffer (~- # of pages 1 561-279-1384, ext. Fx 2'78-0555 On behalf of the Ora¢ci Fatuity, ~ank you again for selecting us to produce the 4e~ of July fireworks at Delray Beach for the past 8 years. 4fOfkJ TI~4 ~. f talk N,dn ~r~ I.~fBorfMiL It would be our honor and privilege to continue this 8-year Iradifion of displaying State-of-the-An fireworks - Grucd Style for the City of Dekay Beach. As such, may we offer for your consideration a 5-year deal ~s follows: Grand Year Class Duration Budget Barge Total Discoant Total 200I National 21-23 rain. $50,000 $10,000$60,000 $13,000 $47,000 2002 National 21-23 min. 50,000 I0,000 60,000 10,500 49,500 2003 Naxional 21-23 min. 50,000 10,000 60,000 8,000 52,000 2004 National 21-23 min. 50,000 10,000 60,000 5,000 55,000 2005 National 21-23rain $50,000 $10,000 $60,000 $60,000 This 5-year deal r~presonts a sav~s of $36,500.00. Additionally, as a gift to the City of Delray l~ach for the renewal of our contract, w'e will produce and di~lay the Target shells to enhance their sponsorskip, display a special scene with USA shells to celebrate the All American Ci~' Award,. and tastty a pyro..ele.,clric Dekay Beach set (value of $7,500.00) to be displayed, if space allows, from the barge annually for the term of our agreement. Budge~ do not include host site expenses and barge cost is limited to a $10,000.00 cap. To confirm your acceptance of this offer, simply sign below and fax this letter back to us on or before February 15t~. Fireworks b~/Grucci - Nat%nat Headquarters One Grucc~ lane * Brcokhaven, Nevi Yor~ 11719 Fax: 63!.286.9035 Webs~t~: www.g~ucci,com Smai[: ~r, fo~,grucc/.com 631 ~86,0088 DELRAY BEACH 1993 FROM: 100 N W. ~st AVENUE MEMO DUM T. Harden, City Manager rt A. Barcinski, Assistant City Manager 33444 DATE: March 13, 2001 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 20, 2001 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for May 10, 2001 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, st nd Railroad Drive from Atlantic to N.E. 1 Street and NE 2 Avenue from Atlantic to NE 1 st Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages. B&CK6ROUND Attached is a request for approval and City assistance for this event from Marjorie Ferrer. The estimated overtime cost for this event is $6,970. City Commission has capped the amount the City would pay for overtime at $6,500 for the last four events. Actual overtime costs for January's event were $6,232. A copy of the hold harmless agreement and certificate of insurance are attached. This is not a new event. 561 RI~COMMKNDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use of stages and City barricades, setting an upper limit of $6,500 for overtime costs with any difference to be paid by the Joint Venture. RAB/tas CC: Lt. Geoff Williams Joe Weldon Harold Bellinger Filc:u:sweeney/agenda Agenda/Art & Jazz 032001 THE EFFORT ALWAYS MATTERS February 28,2001 Mr. Robed A. Barcinski, City of Delray Beach 100 N.W. l~t Avenue Delray Beach, FL 33444 atlantic avenue RE: AGENDA ITEM - CITY COMMISSION APPROVAL SPECIAL EVENT REQUEST - ART & JA77 ON THE AVENUE Dear Mr. Barcinski: City Commission is requested to endorse the Ad & Jazz on the Avenue event scheduled for Thursday, May 10, 2001 and to grant a temporary use permit per LDR'S section 2.4.6(H) for use of City property and right of way. We are requesting street closure on Atlantic Avenue from' o Swinton Avenue to 7th Avenue o South side of Atlantic Avenue from 7th to just past the Blue Anchor Pub o Railroad Way from Atlantic Avenue to N.E. 1't Street o NE 2"d Avenue from Atlantic Avenue to NE 1sT Street Closure will be from 6:00 p.m. to 11:00 p.m. We are requesting that the City provide staff support for barricade setup and removal, trash removal and clean up, police security for traffic control, monitoring the FEC railway crossing, stage use setup and removal, and banners and s~gnage setup and removal. The City support of this event, with no charge to the Joint Venture, is crucial to our success. Your consideration and cooperation is very much appreciated. Sincerely, MARJORIE FERRER Downtown Coordinator /sk DELRAY BEACH JOINT VENTURE * Commumty Redevelopment Agency * De[ray Beach Chamber of Commerce * Downtown Development Authority 64 S E. Fifth Avenue, De[ray Beach, FL 33483 * Tel: 561-279-1384 · 561-278-0555 ' ACORD. CERTIFICATE OF LIABILITY INSURANCI o C _¥ I o1/1o/o1 PRODUCER The Plastridge Agency, Inc. P. O. Drawer 730 Delray Beach FL 33447 Phone:561-276-5221 Fax:561-276-5244 INSURED Downtown Delray Beach Joint Venture 64 S.E. 5th Avenue Delray Beach FL 33483 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA Scottsdale Insurance Company INSURER B INSURER C INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE {MM/DD/YY} DATE (MMIDD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILIT'( TO BE ASSIGNED 01/23/01 01/23/02 FIRE DAMAGE (Any one flre) $ 50000 I CLAIMS MADE IXl OCCUR MED EXP (Any one p ..... ) $ Excluded X $500 BI/PD Deal PERSONAL&ADVINJURY $1000000 GENERAL AGGREGATE $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/DP AGG $ Excluded t POLICY r-~® JECT [---] LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Fa accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ IoCCUR ~ CLAIMS MADE AGGREGATE $ $ J DEDUCTIBLE $ .~E~ON , R ECE I~'E D EMPLOYERS'L'AB'L'TY JAN f 9 2001 EL EACHACC,DENT X-~,~ { ~_~ Er, I'~ [ E L DISEASE-EA EMPLOYEE $ CITY MAN~ ~GER EL DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS .older is named as ad~tional na~ed insured. Special Events- 5 ~t & J~[CE{V. on the Avenue & lB S~r Nights on the Avenue JAN 1 ! 2001 RISK MGMT. CERTIFICATE HOLDER I N t ADDITIONAL INSURED, INSURER LETTER' CANCELLATION DELRA-1 City of Delray Beach 100 N.W. 1st Avenue Delray Beach FL 33483 , AOORD 255 (7,9~) /~/~/ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE~. ~ Thomas E. Lynch ~~ (~. ~/ ©ACORD C(])RP~RATION 1988 · o · SPECFd. EVEFff I-~OLD }F-d~MLESS/~GR~MENT 'i-h,~ Do',,,,nlown t3el~v ~3e.zc?PJoini':-\/e:~ture. in co;~sid~,~.t/on of U~' pa),rnerll oi ten (10) (Name of dollars, r~s-.e, io[ oF s,,,)~ic;-~ is hereby ackno,,~edcjed, a~d defend Ihe City of Dai%, Be~ch, its ~9~nls ~nd empbyees from ,ii s-utes, ~dions ~md d~h~.s indudag ~i~orney's lees ~g~ins[ th~ CJ;y ~s ~ 1~5ul~ cd loss, cl~n~ge or injuO' ~nd in e>:d~nc~e for the Oo~'.'n[ox',,,~ Delsey fleaci~ .Ioin~ Venture use et Cily fzcll~[ies or (Na~e o~ ~tity) f3e~tzx, ~e~ch, i,s ~g~n~s a~d emp~o),ees ko;n al~ suits, ~ctions ~nd clams jndudin~ ~i~omeyLs f~es ~nd cosis ~i;er~dafi ;o ~n)' claim, Ei~,a~on, aclmini:;[m~ve pmceedin~s, result c:f los~, damage or i~tJ~, ;o p~rso~] or ~opefi), ~is~t~c3 Item lhe ~peda! event of (Na~e' o~ Entity) " * Tiffs Indemr~ih~tion [nci }~o~d h~rmfess' ~nd Dele;Id Agreement is only ~'- the extent of insu~nc~ maintained by U]e Downbv,'n Derby 8~ch Joir]l Venb~ ts covered under Sc3ibdale Insurdrlo3 Corn?an), Policy I}umber CLS420'i 16. ,ART ' ,~ND JAZZ (Name of Spec-fa! Even',) (Please type or prbt name) TJ~e. £1T¥ OF EIELRIq¥ IgEflE DELRAY BEACH TOO N.W Ist AVENUE DELRA¥ BEACH, FLOC~IDA '~3444 1993 TO: David T. Harden City Manager FROM: ~0~ Robert A. Barcinski r- Assistant City Manager DATE: March 13, 2001 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 20, 2001 SPECIAL EVENT APPROVAL - HOT AIR BALLOON GLOW AND BALLOON RACE ACTION City Commission is requested to approve a Hot Air Balloon Glow on to be held 06/01/01 and the Hot Air Balloon Race to be held on June 2nd and 3rd to be sponsored by the Joint Venture. Commission is also requested to approve a temporary use permit per LDR's Section 2.4.6(H) for the closure of Atlantic on 06/01/01 from A-1-A to Andrews between 3:00 p.m. and 11:00 p.m., and to approve staff support for security and traffic control, barricading, and signage preparation, stage set up and take down, and trash removal for this event. BACKGROUND Attached is a memo outlining the activities to take place on June 1st - 3rd, 2001 for the Hot Air Balloon Race and Festival. The balloon glow will be held on Atlantic on 06/01/01 from 7:00 p.m. - 10:00 p.m. Entertainment and food will be set up, as well as a display of about five (5) hot air balloons. On Saturday, 06/01/01, two (2) races will start from Lake Ida Park one at 7:00 a.m. and one at 4:00 p.m. Activities each morning beginning at 6:00 a.m. include a pancake breakfast, as well as opening ceremonies. A VIP and sponsors tent will be set up, as well as local entertainment. Balloon sponsorships are being solicited through the Joint Venture to offset the costs. The Joint Venture will handle event management to include coordination of balloon applications, vendor approval, solicitation of sponsors, and will provide port-a-lets. Staff assistance will be needed on 06/01/01 on Atlantic, as well as 06/02-03/01 Lake Ida Park for traffic control and security, barricading, stage set up and removal and trash pick up. City staff is also being requested to make and put up signage for the event to include all off site parking. The Joint Venture will provide liability insurance for the event. In addition, all balloonists and vendors will provide liability insurance. The Fire Department will provide assistance as they did last year during refueling. 581~243-7000 THE EFFORT ALWAYS MATTERS Agenda Item City Commission Meeting March 20, 2001 Page #2 Date: March 13, 2001 The estimated overtime for this event is $6,430 (last years costs were $5,907). Last year the City's Millennium Committee was the event sponsor thus overtime costs were not charged. The Joint Venture is requesting that the overtime costs be waived. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for Atlantic Avenue, and approval of staff support for traffic control and security, barricading, sign preparation and installation stage set up and removal, and trash removal. Staff recommends considering the waiver of overtime costs or at least a 50/50 split. All approvals contingent on the receipt of the certificate of liability insurance. RAB/tas File. u : sweeney/agenda Doc:Hot ~4ir Balloon 2001 atlantic February 28, 2001 Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N W. 1st Avenue Delray Beach, FL 33444 RE: AGENDA ITEM - CITY COMMISSION APPROVAL SPECIAL EVENT REQUEST- HOT AIR BALLOON GLOW AND RACE Dear Mr. Barcinski: This is a request from the Downtown Delray Beach Joint Venture for City Commission to approve a Hot Air Balloon Glow to be held on Atlantic Avenue on June 1, 2001 and a Hot Air Balloon Race, to be held at Lake Ida Park, on June 2nd and 3"d, 2001. The Hot Air Balloon Glow will be held on June 1st on Atlantic Avenue from 7:00 p.m. to 10:00 p.m. We are requesting Commission approval for a temporary use permit, per LDR's Section 2.4.6(H), for use of City property and right of way. We are requesting street closures on Atlantic Avenue from AIA to Andrews between 3:00 p.m. and 11:00 p.m. The Hot Air Balloon Race is scheduled for June 2"~ and 3~d at Lake Ida Park. We are working closely with the County Parks and Recreation Department on the use of the Park On Saturday, June 2"d, two races will start from Lake Ida Park, one at 7:00 a.m. and one at 4:00 p.m. Activities begin each morning at 6'00 a m. with a pancake breakfast and opening ceremonies. The Joint Venture will provide event management to include coordination of balloon applications, vendor approval and general event management, including solicitation of volunteers. The Joint Venture will handle rest room needs and port-a-lets where necessary. In summary: On Friday, June 1st for the Balloon Glow we will need street closure on Atlantic Avenue, trash pickup, secudty and barricades. For Lake Ida Park on that day we will need a covered stage setup, garbage boxes delivered, and barricades dropped off. On Saturday and Sunday, June 2r~ and 3rd for Lake Ida Park only we will require traffic control, police security and F~re Department assistance during refueling On Monday, June 4m, we will need stage breakdown and cleanup of the facility. DELRAY BEACH JOINT VENTURE · Conllllllrllty Redevelopment Agency * Delray Beach Chamber of Commeme * Downtown Development Authority 64 S E Fifth Avenue, Delray Beach, FL 33483 · Tel 561-279-1384 · 561-278-0555 Page 2 We are also requesting that City staff change and put up last year's signage for the event to include all off site parking. The Joint Venture through our insurance program will assume liability for the entire event and will include the City and the County Parks & Recreation Department as additionally insured. All balloonists and vendors will provide hability insurance. Where possible, we have requested the services of City Staff dudng working hours, to avoid overtime expenses. We appreciate the City's waiver of all overtime charges. Your consideration and approval of this request is very much appreciated. The community enthusiastically received this event last year and we are receiving many calls as to when we plan to do this again. Most Sincerely, MARJORIE FERRER Downtown Coordinator /sk I'IT¥ OF DELRFI¥ BErlI:H CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 Ali.America City 1993 DATE: TO: FROM: March 9, 2001 City Commission David Harden, City Manjgcr__ Brian Shutt, Assistant City Attorney SUBJECT: Resolution for Assistance from F.I.N.D. on N.E. 4th Street The attached resolution, if approved, would allow the City to seek reimbursement from the Florida Inland Navigational District (F.I.N.D.) for the construction of a pocket park at the end of N.E. 4th Street where it abuts the Intracoastal Waterway. The pocket park will feature a 50' seawall, signage, bench and a garbage can. This park will provide informal non-boat access to the Intracoastal Waterway for area residents. The estimated total cost of construction is $20,000.00. We are seeking reimbursement from F.I.N.D. for 50% of this amoum. Our office would request that this item be placed on the March 20, 2001 City Commission agenda for approval. Please call if you have any questions. Attachments cc: Randal Krejcarek, City Engineer www.delrayesd.com City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: Brian Shutt Randal L Krejcarek, P.E. '~~ 2 March, 2001 NE 4t" Street Seawall Florida Inland Navigation District (F.I.N.D.) Resolution for Assistance Under Waterways Assistance Program & Attorney's Certificate of Title Project 2001-039 The City is in the process of puttin~g together a grant application to F.I.N.D. for the construction of approximately .~lineal feet of seawall along the west side of the Intracoastal Waterway at the ea~6rn end of NE 4th Street. Attached are the two above referenced documents required as Eart of the grant application. The first is the resolution that needs to go to commission for approval on 20 March 2001, and the second is the City's certification that we actually own the rights- of-way where the seawall will be constructed. The total cost for construction is estimated to be $20,000.00 and the grant is for 50% of the total construction cost. This grant application is due to F.I.N.D. by 30 March 2001. If you need additional information, please call me. Thanks! enc cc: Richard Hasko, P E. ~ESSRVOO2tDEPARTMENTStEngAdmintLettersV:~LK~C~tyattnyVind resolutionOl.doc ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PRCkGRAM WH:EREAS, THE Cia--Ir of I~! fair B~aeh is interested in carrying out the (Name of Agency) following described project for the enjoyment of the citizenry of the City of I:~lray Beach and the State of Florida: Project Title N.E. 4th Strut S~awall Park Total Estimated Cost $ 20,000.00 Brief Description of Pr~ect: This pocket Park,rill feature a 50 ft. seawall, si~nage, bench and garbage can. This Park will provide important, informal, non-boat access to the Intracoastal Waterway for area residents. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW TI-I:EREFORE, be it resolved by the that the project described above be authorized, AND, be it further resolved that said City of Delray Beach (Name of AgencyJ City of Delray Beach (Name of /lgencyJ make application to the Florida Inland Navigation District in the amount of City of Delray Beach actual cost of the project in behalf of said (Name of Agency) AND, be it further resolved by the City of D~lray Boach (Name of Agency) that it certifies to the following: 50 %ofthe 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. Form No. 90-11 (Rev. 10-14-92) (1) 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Delray Beach for public use. (Name of Agency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FrND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy ora resolution duly and legally adopted by the city Conclusion of the City of l~lray a~.~gal meeting held on this day of 20 Attest Signature Mayor, David Schmidt Title Title Form No. 90-11(R. ev. I0-14-92) (2) MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~/-/ - REGULAR MEETING MARCH 20~ 2001 RESOLUTION NO. 20-01 (ACQUISITON OF MCCRAY PROPERTY) MARCH 16, 2001 Resolution No. 20-01 authorizes the City to purchase certain property located south of SW 4th Street and between SW 5th Avenue and SW 4t~ Avenue from Patricia McCray for the purchase price of $5,400.00. The purpose of the acquisition is to provide drainage retention. Incorporated within the resolution are the terms and conditions of the contract for sale and purchase. The contract provides for closing to occur by May 9, 2001. The city will pay all expenses of closing, except for documentary stamps and prorations. Approval of Resolution No. 20-01 is recommended. Ref.dkgrnemol0.Res #20-01 Purchase McCray Property RESOLUTION NO. 20-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS LOT 17, SUNDY AND TEN-BROOK ADDITION TO DELRAY, LOCATED JUST SOUTH OF S.W. 4TH STREET BETWEEN S.W. 5TH AVENUE AND S.W. 4TH AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN; HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN PATRICIA MCCRAY AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire Lot 17, Sundy and Tenbrook Addition to Delray located south of S.W. 4th Street and between S.W. 5th Avenue and S.W. 4th Avenue, for the municipal purpose of drainage retention; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Patricia McCray, as Seller, land to provide for drainage retention, for the purchase price of five thousand and four hundred dollars ($5,400.00), and other good and valuable consideration; said parcel being more particularly described as follows: Lot 17, Sundy and Tenbrook Addition to Delray, Florida, according to the plat thereof on file in the office of the Clerk of Circuit Court in and for Palm Beach County, Florida, in plat book 12, page 32. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on the ~ day of ., 2001. ATTEST: MAYOR City Clerk CONTRACT FOR SALE AND PURCHASE PATRICIA MCCRAY, ("Seller"), of Delray Beach, Florida, and CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer shall buy the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: Lot 17, Sundy and Tenbrook Addition to Delray, Florida, according to the plat thereof on file in the office of the Clerk of Circuit Court in and for Palm Beach County, Florida, in plat book 12, page 32. II. PURCHASE PRICE ................ $5,400.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before February 21, 2001, the offer will, at Buyer's option, be withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before May 9, 2001, unless extended by other provisions of the Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ½ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all primed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. X. RIGHT OF FIRST REFUSAL: The instmmem of conveyance from Seller to Buyer shall provide that any future conveyance of the property described above, for a period of fifteen (15) years, shall be subject to a right of first refusal by the Seller governed by the following terms and conditions: (The terms Buyer and Seller refer to the terms as defined in this agreemem.) In the evem Buyer receives a bona-fide offer to purchase the Real Property, or any part thereof, in an arms-length transaction ("Offer") which Buyer wishes to accept within the fifteen (15) year period, the Seller shall have a first right of refusal to purchase such Real Property upon the same terms and conditions comained in the Offer. In the evem of the receipt of an Offer Buyer shall presem to the Seller a true copy of the Offer which Buyer intends to accept. Upon Buyer's delivery of the Offer to Seller, Seller shall have ten (10) days thereafter within which to elect to exercise its right of first refusal by the delivery of written notice to Buyer of its exercise of its right of first refusal to the Property in accordance with the terms and conditions contained in the Offer and this Section. The closing between Buyer and Seller under the first refusal shall occur within ten (10) days following the Seller's timely exercise of its right of first refusal. In the evem the Seller fails to timely exercise its first right of refusal, the right of refusal shall terminate and Buyer shall be free to close under the Offer pursuam to the terms of the Offer and such right of first refusal shall not thereafter run with land and shall immediately terminate upon the conveyance by Buyer to such third party. In the event the offer is for less than all of the Real Property, this right of first refusal shall continue as to the remainder of the Real Property. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commilment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarket- able, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B..Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, -2- lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcon- tractors, suppliers and materialmen and further afl.ming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the deed shall be paid by Seller. J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1 st of year of closing which improvements were not in existence on January I st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. -3- K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Inspection, Repair and Maintenance: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confirm compliance with this standard. M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1997), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. O. Failure of Performance: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the remm of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. P. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on the property. R. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: City of Delray Beach By: Mayor, David Sehmidt SELLER:/~ ' Pal~ri~ia Mcdray / ATTEST: By: City Clerk Approved as to Form: By: ~-~"~~ City Attomey WITNESSES: (Please Type or Print Name) (Please Type or Print Nme)/ / State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this /~ day of 200_] by PATRICIA MCCRAY, who is personally known to me or who has producedu ~L ~2>~. ~__/~__~ (type of identification) and who did ~e an oath. /Signature ofl~otary Publ~J ,.~.~-~'z'."t~ ~:~,~-~.~. M.o_n_tgome,¥ State of Florida ?-- --......~,." ~,~ ~.~ on ~ CC 78S9~4 ~-~IL~,:~~ F.~res NO~. 28, 2OO2 *;':?; ~,, ,i'~" eOnDED *no ATLANTIC BO~DII~G CO.. -5- SW I S w, ~RD CT SW I 5RD ST MERRI TT PARK 4TH ST DRUG ABUSE FOUNDATION OF PALM BEACH COUNTY CITY OF DELRAY BEACH PUBLIC WORKS J> COMPLEX s w 6TH ST WA TER ~< TREA TMEN T s.w 6TH ST PLANT S w 7TH ST CA THOLIC CHURCH Ii,J[ I I IL 1~ CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT RESOLUTION NO. 20-01 LOT 17, SUNDY AND TENBROOK ADDITION TO DELRAY -- DIGIT~4Z BASE ~4P $)'~'T£M -- MAP REF LM505 [IT'F JIF DELRrI',F BEfl[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 MEMORANDUM 1993 DATE: March 15, 2001 TO: City Commission David Harden, City Manager Writer's Direct Line' 561/243-7091 FROM: SUBJECT: Susan A. Ruby, City Attorney Resolution Authorizing Submittal of Library Contract Grant and Agreement Between the City of Delray Beach and the Delray Beach Library Association, Inc. Enclosed please find a letter from John Callahan, Library Director, which explains the Resolution and the need for the Agreement. Please place this Agreement and Resolution No. 27-01 on the March 20, 2001 Commission Agenda for approval. SAR:ci City Enclosure cc: John Callahan III, Library Director MEMORANDUM TO: FROM: DATE: RE: Susan A. Ruby, City Attorney City of Delray Beach John J. Callahan Iil, Library Director~,'~~-- Delray Beach Public Library March 15, 2001 Resolution authorizing submittal of Library Construction Grant The State of Florida, through the Department of State, Division of Library and Information Services, has annually made available matching grants-for the construction of public libraries. Under the eligibility guidelines established by the State, applicants for a library construction grant must be a government. Library construction projects are eligible for matching grants up to $500,000. Previously, grant applications for the expansion of the current library have been submitted by the City on behalf of the Delray Beach Public Library Association. Once again, the Library Association is seeking the City's assistance in qualifying for the available grant funds. The Library Association will agree to fulfill the obligations normally required of the City including the provisions of matching funds. In order to meet the grant deadline of April 1, 2001, the Library Association is requesting the City Commission's approval of a resolution at its March 20~h meeting authorizing the City to submit a grant application and authorizing the Mayor to sign the resolution and the accompanying Certification of Application. Thank you for your assistance. 29 Southeast Fourth Avenue · Delray Beach, Florida 33483 · (561) 266-0194 Fax (561) 266-9757 Florida Department of Stat~, Division of Library and Information Services CERTIFICATION OF APPLICATION I cert/f~ that this Library Construction C-rant Applica~/on of thc City o£ Delray Beach (name of applicant) is ~'ue and accurate to thc best of my knowledge, that thc applicant will comply with the standards established pursuant to scc-tion 257.15, F.S.; will furnish such r~ports and information and follow such p~ as will be requi~d by thc Depa~h.¢nt of State, Division of Library and Information Services; that ali funds r~c¢ived for the l~oject will be ~xpcnded solely for the purposes for which granted and any such funds not so expended, includin$ funds lost or diverted to other purposes, shall be paid to the Department of State, Division of Library and Information Services; and that thc current annual appropriation for 968,000 library service is $ Si~natu~ of Chair of/3overning Body David W. Schmidt, 1~yor Typed Name of Of~ch] Clerk of Circuit Court or Other Appropr/ate Officer Date LTbmry Cm~Uuc~m ~n~ Ap~icet~ RESOLUTION NO. 27-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE SUBMISSION OF AN APPLICATION WITH THE STATE OF FLORIDA, DIVISION OF LIBRARY SERVICES, FOR A GRANT. WHEREAS, the State of Florida, Division of Library Services, is authorized to make grants for the construction of public library facilities; and, WHEREAS, this project is eligible to receive matching grant funds up to $500,000 fi.om the Public Library Construction Grants funded through state funds administered by the State of Florida Division of Library and Information Services; and, WHEREAS, the grant will impose certain obligations upon the City of Delray Beach, including the provision of local matching funds, sufficient funds that will result in a completed Library building, and sufficient funds to operate the facility; and, WHEREAS, it is required by the State of Florida, Division of Library Services that in connection with the filing of the application of the grant the applicant, the City of Delray Beach, give an assurance as to the availability of local matching funds that are encumbered at the time of the grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DLERAY BEACH, FLORIDA: 1. The City Commission of the City of Delray Beach authorizes the submission of an application for a grant for the consideration of a public library facility. 2. That the City Commission of the City of Delray Beach, in reliance on its Agreement with the Delray Beach Public Library Association, Inc., assures that the required fifty percent match will be available and unencumbered at the time of the grant award. 3. The City Commission of the City of Delray Beach, in reliance on its Agreement with the Delray Beach Public Library Association, Inc., assures that funding is sufficient and will be available in order that the project will result in a completed library building. 4. The City Commission of the City of Delray Beach, as the applicant, will have unconditional exclusive use of the site and building as a library building and the City of Delray Beach has received assurances pursuant to its agreement with the Delray Beach Public Library Association, Inc. that the Association will provide sufficient funding to operate the facility. The City of Delray Beach assures that any proposed changes in the use of the building will be submitted to the Division of Library and Information Services for approval if within 20 years of the completion of the construction project. 5. The Mayor is hereby authorized to execute and file on behalf of the City of Delray Beach, with the State of Florida, Division of Library Services, an application for a grant. INTRODUCED AND PASSED by the City Commission of the City of Delray Beach in Regular Session on this __ day of March, 2001. ATTEST: M A Y O R City Clerk Approved as to form: City Attorney Res. 27-01 AGREEMENT This Agreement is made this __ day of , 2001 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as, the "City"), and the DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. (hereinafter referred to as, the "Association"). WITNESSETH: WHEREAS, the State of Florida, Division of Library Services requires the City to make application and the Association desires the City to make application on their behalf for a grant through the State of Florida, Division of Library Services for the construction of a new library (the Project); and, WHEREAS, the Project is eligible to receive matching grant funds of up to five hundred thousand dollars ($500,000.00); and, WHEREAS, the State of Florida, Division of Library Services requires the City of Delray Beach to give assurances that local matching funds will be available and unencumbered at the time of the grant award; and, WHEREAS, the Division of Library Services requires the City to give assurances that sufficient funding will be available in order that the Project will result in a completed library building; and, WHEREAS, the Division of Library Services of the State of Florida also requires the City to give assurances that sufficient funding is available to operate the facility. NOW, THEREFORE, the parties hereto in consideration of the foregoing and agreements herein contained, hereby covenant and agree as follows: 1. Recitals. The Recitals set forth above are hereby incorporated as if fully set forth herein. 2. Specific Grant Covenants. The Association requests, and the City agrees to submit an executed application for a grant for the construction of a new public library facility. The Association shall pay to the City all matching funds required under the grant. The Association shall pay to the City the matching funds within five (5) business days of the City's verbal or written request, but no later than prior to the grant award. The Association further covenants and promises the City that funding is sufficient and will be available in order that the Project will result in a completed library building. The Association covenants and promises the City that the Association will provide sufficient funding to operate the facility. The Association acknowledges the City has entered into Resolution No. 27-01, will submit the Grant application, whereupon it requires entering into a Grant Agreement, and any other Agreement for the construction of a new library facility, in reliance on the Association's promises herein contained. 3. All Other Requirements. The Association, by execution of this Agreement, agrees to be bound by this Agreement and by all terms and conditions of the Grant Agreement, construction contracts, and any other related agreements pertaining to the construction of a new library facility, whether express or implied, and shall comply and fulfill all of the obligations and duties required of the City under the aforesaid agreements or any other agreement not mentioned herein pertaining to the new library construction project, whether financial, administrative or otherwise, and the Association shall provide proof of discharge of all obligations and duties under the agreements, as though the Association had been in the place and stead of the City of Delray Beach throughout the completion of the building project, through and including the final inspection thereof and shall secure the release from the State of Florida, Division of Library Services and shall release all financial and inspection records after final audit and program review. The Association shall be responsible for all obligations and duties that may remain under the Agreements after the completion of the building as set forth above. 4. Use of Building. The Association shall provide the City unconditional use of the new library site and building, as provided in Resolution No. 27-01. 5. Indemnification. The Association shall hold harmless, indemnify and defend the City of Delray Beach, its officers, agents and employees or otherwise ensure against any claims made by the State of Florida, Division of Library Services for failure to comply with the Grant Contract, this Agreement or any construction contract or any other agreement, where the City has entered into the agreement at the behest of the Association. If insurance is obtained, the City, its officers, agents and employees shall be named as an additional insured and the amount of insurance and the terms thereof shall be acceptable to the City, as may be amended from time to time. 2 6. Cooperation. The City and the Association agree to take all actions as shall be reasonably appropriate or required of each of them in order to make effective the purpose and provisions of this Agreement and to facilitate and effectuate the construction of the new library facilities under this Agreement, Grant Agreement and related agreements and the transfer and/or conveyance of the existing library facilities. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ~ day of ,2001. ATTEST: City Clerk Approved as to form: THE CITY OF DELRAY BEACH, a Florida Municipal Corporation By: David W. Schmidt Mayor City Attorney STATE OF COUNTY OF DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. By:. President The foregoing instrument was acknowledged before me this __ ,2001 by , corporation, on behalf of the corporation. produced day of He/She is personally known to me/or has (as identification). Signature of Notary Public 3 'CITY OF DELRrlV BErI£H CITY ATTORNEY'S OFFICE mw TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Writer's Direct Line 561/243-7091 MEMORANDUM March 14, 2001 City Commission David Harden, City Manager Susan A. Ruby, City Attorney Request from the Delray Beach Police Benevolence Association (PBA) Regarding Authorization to Sublease I have received a letter from Lee Levenson, representative for the PBA, requesting permission to sublease part of the premises located in Boynton Beach to a telecommunications company for the erection of a cellular tower. In 1965 the Grimes Manufacturing Company conveyed by Warranty Deed to the City approximately four acres of land apparently located in the City of Boynton Beach, with certain restrictions requiring the constructing of a police training facility and target range, with the City to maintain the area surrounding the building for parking and as a public park. The restrictions expired January 1, 1994. The City however has a 99 year lease with the Delray Beach Police Benevolent Association, Inc. (PBA), which expires in 2031. The lease requires compliance with the restrictions and covenants in the deed whether or not they have expired. The lease further provides that the PBA may not sublease or assign any part of the property. The City previously permitted the assignment of the lease as collateral to secure a loan to renovate the building for the length of the loan which apparently has been paid off. Currently, the City performs maintenance of the grounds via contract at a cost of $7,000 per year. If the City Commission approves the sublease, the PBA would have to get permission from the City of Boynton Beach to erect a tower. Please place the consideration of this matter on the March 20, 2001 City Commission agenda. Attachment CC~ Lee Levenson, Esq. Chief Richard Overman, Delray Beach Police Department Cathy Kozol, Police Legal Advisor The City Manager recommends that the Commission authorize the sublease provided that the City receives $7,000 annually from the proceeds of the sublease to cover our maintenance costs. ~ZT~]~on~ 060 z76-2446 March 2, 2001 Susan Ruby, Esquire Attorney for the City of Delray Beach 200 Northwest 1 st Avenue Delray Beach, Florida 33444 Re: Delray Beach Police Benevolence Association Lease Dear Ms. Ruby: It was a pleasure speaking with you this afternoon. As we discussed, I represent the Delray P.B.A.. Please allow the following to serve as our formal request for a limited special exception to lessee's obligation number two of the subject lease. Background The Delray Beach P.B.A. exists primarily to benefit and support the Delray Beach Police Department. In 1965 Grimes Manufacturing Company donated the subject tract of land (please the attached deed and lease) to the City of Delray Beach as a recreational and police training facility. In 1969 the City granted a 99 year lease to the Delray Beach P.B.A. The intention was to procure a facility and an association aligned to b~nefi~ Lh~ police department in accordance with the covenants that were running with the land. Precedent Clearly, we need and respectfully request, the City's consent to depart from the express provisions of the subject lease. Such consent has been given on two prior occassions. In 1975 the City passed resolution No. 52-75 (attached) which allowed the Delray Beach P.B.A. to .assign the lease to improve the facilities. The City determined that the association's plan, which required a special exception, ultimately benefitted the City and granted consent. The Delray Beach P.B.A. was thereby granted authority to assign the subject h association thereafter, obtained financing, improved the land and structun benefits for the Delray Beach Police Department. Likewise, the City concomitantly granted an additional exception allowing the association to change and improve the property (please see resolution 53-75) as a companion to resolution 52- 75. Request Presented The previous exceptions resulted in only benefits for the City and its police department. The loan was paid off quickly. The facilities were improved and built solely at the expense of the association. All was accomplished in a spirit of good faith and cooperation. Almost twenty six years later, another opportunity has arisen. A cellular telephone company, after conducting testing, has located a "dead spot" on the subject property. They have approached the association seeking to sub-lease a small out-of-the-way portion of the property for a cellular tower. The problem is that the lease does not allow sub-leasing. We would, therefore, request an exception. The City's consent will inure to the benefit of the City and its police department. Increased revenues will allow the association to improve and maintain existing facilities. The subject property is actually located in Boynton Beach. The association completely indemnifies the city per the lease terms. The cellular company will completely indemnify the association and will ensure compliance with all building, communication, and safety codes. Access will remain strictly limited. In short the benefits are tremendous and the risks and costs are minimal. We, therefore, respectfully request a special exception and resolution allowing the association to sub-lease a small portion of the subject property to the cellular company. Please note that we welcome any questions or comments that you may have about this or any other matter. Therefore, please feel free to call. LEL&s eBC. CC. Chief Overman, Delray Beach Police Department Bruce Roper, President - Delray Beach P.B.A. fo~ f~ co.a~d~n~n of osz DOLLAa ~ Conjoin, the Granfor, rec~ved ~o it.~ £~lt $ati.~foe, tion n£ THE CITY OF D~LRAY 'BEACH FLORIDA' , tAe G~u~e , ~~ &t a po~t of tntersec~on of t~ No~h ~9ht of Way llne of ~sslon ~11 ~ad as recorded In ~e s~tvtslon of Cha~l Hill tn Plat Book 24 at Page 111, and ~e East ~ght of. Way line of the pro- ~sed State ~a~ ~ ~ence Not.easterly along' sald Right ~f Way line a distance of 902 feet more or less to the Intersection of kald ~ght of Way l~e wt~ ~e West ~ght of Way line of Lake Worth Drainage Distrtcg C~E~ ~ence $ou~easte~y alo~ sald West Right of way l~ne a dtst~ce of 580 feet ~re or lees ~o the tntersectt6fi of said ~ght of Way l~e ~th a line parallel to and 290 feet 'Southeasterly ~ at right ~les to ~e afor~ntlon~ East ~ght of way of State ~d %9; ~ce 6ou~sterly alo~ said ~rallel l~e a distance of 296 fee~ ~re or less to ~ere said parallel line intersects the ~or~ntion~ No~ line of ~ssion ~11 Road~ thence Westerly along sa~d North line a distance of 308.82 feet to ~e point of ~ ~e s~e more or less, s~jec~ ,to ~e foll~ c~enants and strictions here~ ~on~ain~ ~ich shall ~ur~ to the benefit of, and ~ bi~g upon ~e successors ~d assigns of ~e Grater ~ Gr~tee: 1. ~e ~e descr~d pr~ses shall ~ used for recreational a~ ~lf~e pu~oses of the Grater a~ particulariy the Police De~ar~nt of the Cl=y of Delray Beach, Florida ~d for no o~er ~ses. Said City of Delray Beach, Florida hereby covenants and agree=_ that in Police drilling exercises if a pistol, rifle or any other type of target range is used on said premises for or by said Police Department such use 8hall be confined to a masons..' .-.-w~l-ked btt~k~/mg-~ove~e~,by :a -.roof and:.l~cated to,the rear of said pre~ls~8 an~ maintained and used in such a manner %hn~ it w~ll no~ Interfere with the quiet enjoyment of the Gralltor or o~her residents of the vicinity. The building to be erected upon the prem£ses shall be one-~tor5 with hip roof an~ shall be located as shown on a pint of the premises on file with the City of Delray Beach, Florida. The City of Delra¥ Beach, Florida further agrees to maintain the area surrounding the building on the south for parkJ~ purposes and the balance of said premises a~ a City P~rk appropriately graded with lawn and shrubbery maintenance ~qu~ to that of other park premises owned by the Clty of Delra¥ Bea~ 3. Trash, garbage or other waste shall not be ke~t on th~ ~ro~=~' "I These restric~_Jns and covenants will run with th~ land and shall be binding on all part,es and all persons claim£ng under them, but shall expire at twelve noon on January 1. 1994. · Ae Grimes M~nu~actu~ng Co., or their assigns or successors, expressly rese=ves the ~gh~ ~o ~, a~e~, ~e~a~, oF l~a~&ons, and r~gh~s o~ ~heae res~c~C~ve c~~8 by foml ~itten ~st~ts~ ~s right is =eme~ ally ~ only to =he Gr~s ~ufact~i~ Co. ~or the of effect~g tho original intent of pressing ~e as a ~gh =~ residential ~ea. The foregoing describe~ pre=Lses contain four acres, more or leas. "' DEL~A¥ BEACI! o, ppu, r~Ao,;xce$ f,l~reo/, r~ntO fJL~ ~tr~ G~ ,THE CITY OF / heir.~' . · ~1303 ~ 19 th~ sai~ ~rantor, dm= for itself ~ ifs s~sors ~Y ~H ~si~, ~z~ ~ ~ ~ ~ ~ CZ~ OF/ heirs ~nd assi~.z, th.t ~ Cl~ZRI4AN OF TI~ BOARD ~ VXRGTNZ~ G. B]kT*T. /tS S1~¥ this · i~ th~ yzar of our lord one tflo.sa.d GR.T.H~S NAI~a~C'I'UR.T. NG CO. Sec=.~t:az'y azld ~ se. aZ, at Urba~a, OhLo _, ~ ~ ~;/~. .... ' ,,,.o130320 ¢OUM'Z~ OF ~ B~E) ~ ~. ~ ~ Q. G~, ~ts ChA$~an o~ the Bo&rd ~o ac~$~qed ~at ~ey dSd s~qn the for~o$nq Snst~nt and that ~e s~ Ls ~e f=ee act ~d deed of sa~d co.ration ~d the free act ~ deed of each of them ~rsonally ~d as such o~f~cers. ~ ~T~O~ ~OF I have here~to set ~ h~d JOHN 8. DUNKLE ~ OF CtRGUIT GOURT · ~ eeo · 47662_ . TH~S ,.P4SE, Made this 2?th day of May, A.D. 1969, by and "between the CITY OF DELRAY BEACH, a Municipal Corporation in Bea=h Cotu,ty, Florida, herein called the L~ssor, and DEI~AY POLICE BENEVOLF/qT ASSOCIATION, INC., of Delray Beach, Florida. non-profit corporation under the laws of the State of Florida, herein called the Lessee. W'&THESSETH: That for and in consideration of the sum of Oho DolLar ($1.00) this day paid by the Lessee to the Lessor, and in further consideration of the covenants herein contained ~n the part of the said Lessee to be kept and ~erformed, the said Lessor do~s hereby lease to the 'said Lessee the following described tract of land: Beg~mning at a point of intersection of the North right-of-way line of Misbiqn Hill Road as recorded in the su~xlivision of Chapel Hill in Plat Book 24 at Page 111, and the East right-of-way line of the proposed State Road % 9~ thence Northeasterly along said right--of--b'dy line a distance of 902 feet more or less to the intersection of said right-of-way llne with the West right-of-way line of Lake Worth Drainage District Canal E-4~ th&nco Southeasterly along said West right-of-way line a distance of 580 feet more or less to the intersection of said right-of-way lin~ with a line parallel to and 290 feet Southeasterly and at right angles to the aforementione~ East right-of-way of State Road # 9~ thence Southwesterly along said par- ells1 line a distance of 296 feet more or less to where said parallel line intersects the aforementioned North line of Mission Hill Road~ thence Westerly along said North line a distance of 308.82 feet to thc point of beginning, all land described hereinabove being in Section 5, Township 46 South, Range 43 East. This lease shall be for a term of Ninety-nine (99) years from the above date, and the Lessee shall pay the annual rental of One Dollar ($1.0~)) on or before each anniversary date of this lease. The LESSEE hereby agrees to: Comply with restrictions and covenants contained in Deed recorded in O.R. Book 1303 - Pages 17 thru 20, Public Records of Palm Beach County, Florida. Not to assign this lease nor enter into any sub-lease agreement. Pay all bills and expenses incurred as a result of said Lessee's occupancy and use of the land. The LESSOR hereby agrees to: Allow the Lessee USE of the property hereinabove describec] providing there are no violations of said lease. ~j'1746 ~m 410 Lease - Page 2. Lessee shall hold Learner harmless from any gulfs That this lease my be ~enninated upon one or more of the following events.- ¢c) Ce) (t) IN W~TNES$ WHEREOF. Voluntary mutual agreement. Non-palflnent of rent within 15 days after due date. Lessee assigns or subleases all or any part of the property. Lessee falls to comply with the filing of Non-profit corpora2ion returns as required by the Laws of the State of Florida. Lessee causing any violation of the covenants or re- strictions contained in the Deed referred to herein. ExercLee of powers retained in Deed recorded in OR ~ook 1303, P. 17-20, Public Records of Palm Beach County, the Lessor has caused this lease to be. executed by its Mayor and attested by the City Clerk and the City Seal to be affixed thereto and the Lessee has also executed this lease on the date first above written. in our presence: ) ASSOCIATION, INC. ) President APPROVED:~ City Attorney - Delray Beach, Florida. STATE OF FLORIDA COUHTY OF PAImi BEACH Before me, the undersigned authority, personally appeared Jack L. Saunders, Mayor, and Robert D. Worthing. ~ity Clerk0 to me well known to be the individuals who executed the above and foregoing lease on behalf of the City of Delray Beach, and they acknowledged before me that they executed the same freely and voluntarily as and for the act and deed of said city. WITNESS my hand and official seal at Delray Beach. Florida, on this the 27th day of May, A.D. 1969. '"':;:'6" - . ,..'" ~ '.: Notary State of .y co--i.,ion i ?:i '..-:". · .& ,:.. .... : IOTA3Y ~MC. SILl[ OF ~tO.'.~& AT' )AY CO~hU$$tON t~tllL~$ .%'--;'1. 12. Recor6,~l In O~ficial Re~'d JoaB. Du~kle Clerk 0f Cn'r.~it C~u't 411 107dso RESOLUTION NO. 52-?5. A RESOLUTION OF THE CITY COUNCIL OF ~{E CITY OF DELRAY BEACH, FLORIDA, CONSENTING TO THE ASSIGN- HENT OF THE DELRAY BEACH POLICE BENEVOLENT ASSOCI. INCORPORATED, LEASE AS COLLATERAL FOR A LOAN TO SAID AS$OCL~.TION. : ON WHERF~.q, the DELRAY BEACH POLICE BENEVOLENT ASSOCIATION, I~C. i~ the Lessee under a certain Lease in which the CITY OF DELRAY BEACH, a multicipal corporation in Palm Beach County, Florida, is the Lessor, whichLease is dated May 27, 1969 and recorded on August 27, 1969 in Official Record Book 1746 at pages 410 and 411 of the public records of Palm Beach County, Florida, which lease covers the following des- cribed tract of land in Palm Beach County, Florida~ Beginning at a point of intersection of the North right-of-way line of Mission Hill Road as recorded in the subdivision of Chapel Hill in Plat Book 24 at .Page 111, and the East right-of-way line of the proposed State Road %9; thence Northeasterly along said right-of-way line a distance of 902 feet more or less to the intersection of said right-of-way l~newith the West right-of-way line of Lake Worth Drainage Distriut Canal E-4; thence Southeasterly along said West right-of-way line a distance of 580 feet more or less to the intersection of said righ%-of-way line with a line parallel to and 290 feet Southeasterly and at right angles to the afore- mentioned East right-of-way of State Road ~9; thence Southwesterly along said parallel line a distance of 296 feet more or less to where said parallel line ~ntersects the aforementioned North line of Mission Hill Road; thence Westerly along said North ]4n, a distance of 308.82 feet to the point of beginning, all land described hereinabove being in Section 5, Township 46 South, Range 43 East, on which property the Lessee wishes to make improvements to the buJldin9 and grounds~ and, M~I~I~.AS, the SUN FIRST NATIONAL BANK OF DELRAY BEACH has agreo~ to lend to the DELRAY BEACH POLICE BENEVOLENT ASSOCIATION, INC. the sum of TWENTY THOUSAND ($20,000.00) Dollars ~f such loan can be adequately secured by a collateral assignment of said Lease; and, , WHEREAS, the DELRAY BEACH POLICE BENEVOLENT ASSOCIATION, INC. has requested the CIT~ COUNCIL of the CITY OF DELRAY BEACH to release certain of its rights under said Lease in order to induce the SUN FIRST NATIONAL BANK OF DELRAY BEACH to make such loan; and, WHEREAS, the CITY COUNCIL of the CITY OF DELRAY BEAC~I ks of ~he opinion that At is for the best interest of the CITY OF DELRAY BEACl! that it release certain of its rights under said Lease in order to induce said bank to make such loan, NOW, T~EREFORE, be At resolved by the CITY COUNCIL of the CITY OF DELRAY BEACH, a ~unicipal corporation in Palm Beach ~ounty, Florida, that the aaid CITY OF DELRAY BEACH hereby consents to the assignment of This Lnstrument prepared ~¥: Roger Saberson, City Attorney 100 N. W. 1st Ave. Delray Beach, Fla. 33444 ~,~%~2474 r~c[1779 said Lease by the DELRAY BEACH POLICE BENEVOLENT ASSOCL%TION, SUN FIRST NATIONAL BANK OF DELRAY BEACII, Delray Ooach, Florida, collateral security for a loan of $20,000.00 and the CITY OF DEI.~A¥ I'l:A¢'[! agrees that it will not exercise any of its privileges to terminat- .~aid Lease as long as any portion of said loan remains unpaid. PASSED AND ADOPTED in regular session on this the 27th day of October, 1975. ATTEST: Resolution No. 52-75 was amen~e~ by City Council at the October 27, 1975 meeting, as follows~ In case of & default of the Mortgage from the Polic~ Ito~ovo],..t ~soc~at~on o~ De. lray Beach that the City of Delray Beach would b~ ~-ld harmless and that there %~uld be no physical changes of the improv,~nt~ on the property unless authorize~ by the City of Delray Beach. CERTIFICATION I, ELIZABET~ ARN~U, City Clerk of the City of D~lray Beach, Florida, do hereby certify that the above and foregoing ia a true and correct copy of Resolution No. 52-75 passed by the City Council of the city of Delray Beach on October 27° 1975. IN WITRESS WB~REOF, I have hereunto set my hand and the o~ficisl seal of the C~ty of Delray Beach, Florida, this 3rd day of November° 1975. -2- E~abeth Arnau City Clerk Res. No. 52-79. J. ELDON MA,IIOI'T ~ITY MANAGE~ 32068 100 N.Wo IST AVENUE 305/278-2841 DELIILAy lEACH, FLORIDA 33444 CERTIFICATION I, ELIZABETH ARN~U, City Clerk o£ the City of Delray Beach, Florida, do hereby certify that the attached is a true and correct copy of Resolution No. 53-75, passed by Clty Counc£! on November 10, 1975. IN WITNESS wrn~.REOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, this 23rd day of March, 1976. Arnau City Clerk City of Delray Bead~ J'AG 663 J ~$OZ~I~ZO~ ~0. 53-?5 A RESOLUTION OFT HE CITY COUNCIL OF TH~ CITY OF DELRAY BEACH, FLORIDA, AMENDING ~SOLUTION NO. 52-75 RELATING TO PERMISSION GIVEN TO DELRAY BEACH POLICE BENEVOLENT AS$OCIATION TO ASSZGN THE 99YEAR LEASE THEY HOLD AS LESSEE ON CITY PROPERTY FOR COLLATERAL SECL~RIT¥ FOR A LOAN THE PROCEEDS OF WHICH WERE TO IMPROVE ~ PROPERTY LEASED, D~TING TBAT PORTION OF SAID RESOLUTION NO. $2-75 WHicH PROVIDES NO PHYSICAL (~NGES IN THE PROPERTY I~/LESS AU~]~OR~ BY THE CZTY OF DELRAY NBER~AS, the C~t~ ~o~ma~l of the City of Delray Beach gave permtssio · for the assignment of tbs lease as collateral security set forth in tbs caption ~bove and more particularly describe~n Resolution No. 52-75: ~REAS, at the time of passage of Resolution No. 52-75, City Council added the £ollowing amendment 'that there would be no physical changes of the improveme~t~ on the pro~erty unless authorized by the City of Delray Beach#~ and, WHEREAS, Resolution No. 52-75 passed with this amen~mezlt in not- acceptable to the lending institution to which the assignment of tbs ]ease ~$ being made~ and, %~REAS, the original building and improvements locate~ u~on property, which is the subject of the 99 year lease, w~re fully paJ,1 not by the City of Delray Beach but by the Delrey Beach Police Dcnevolcnt Association. NOW, ~m~REFORE, BE IT RESOLVED BY ~ CITY COUNCIL OF THE CITY OF ~EACH, FLORIDA, AS FOLLOWS.- ' 'Section 1. T~at the.City Council hereby deletes that portion of th~ amendment 'that there would be no physical changes of the improvements on the property unleas authorized by the City of DelrayBeach'. PASSED ANDADOPTED in regular session on this the 10th day of November, 1975.' This'instrument pre~ared by= Roger Saberson, City Attorney 100 N.W. let Ave. Delray Beach, Fla. 33444 Palm B~ach County Property Appraiser Property Search System Palm Beach County Property Appraiser Public Access System GARY R. NIKOLITS, CFA Page Iofl Owner Name IDELRAY BEACH CITY OF LESSOR Owner Information Situs Address 11025 MISSION HILL RD ~rcel Control Number 108-43-46-05-00-000-1080 i Sub~tivision: Mailing Address: Confirmation Information 1025 MISSION HILL RD BOYNTON BEACH FL 33435 8550 Legal: [5-46-43, TH PT OF W 290 FT OF N 3/4 LYG ELY OF SR 9 & N OF WLY EXT OF N R/W LI OF MISSIONHILL RD IN OR1307~7 _ 2000 Certified Appraisal Improvement Value: $189.838 Number of Units: Land Value: $248,292 Total Sq. Ft: Market Value: $438,130 Acres: 3.80 Use Code: I 8900 [_ Description: [MUNICIPAL Petition No: 1000000 2000 Certified Tax I Ad Valorem: [ $0.00 I Non ad valorem:[ $0.00 [ Total: I S0 00 [ 2000 Assessed & Taxable values Exemption amount: $438,130 Taxable:I $0.00 2000 Exemption Description: FULL: MUNICIPAL GOVERNMENT I I Exemption Holder: IDEL Y BEACH cITY OF LESSOR I Code: 05~I Percentage: 10 Sales Information Unavailable. Please send comments to: p_ro~__apj~A~_o.p_q!m-_b~_each.~_.~us_>_ Copyright © 2000 by Palm Beach County Property Appraiser All Rights Reserved SUNSE MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~t~ _ REGULAR MEETING OF MARCH 20, 2001 RATIFICATION OF CHAMBER APPOINTMENT TO THE PARI<2[NG MANAGEMENT ADVISORY BOARD MARCH 16, 2001 With Mark Baron's resignation from the Parking Management Advisory Board as the Chamber of Commerce representauve, this creates a vacancy to fill his unexpired term ending August 1, 2002. Attached is a letter from Bill Wood, Chamber President, recommending that Ron Radabaugh be appointed as the Chamber representative to the Parking Management Advxsory Board. TI-ns is m accordance with Resolutton No. 33-98 which provides that the Chamber of Commerce shall recommend an appointee to the City Commission, which has the authority to approve and rattfy the recommendation. The term is for an unexpired term, effective immechately and ending August 1, 2002. A copy of Mr. Radabaugh's applicauon ~s attached for your review. It is recommended that the Commission approve and ratify the appointment of Ron Radabaugh as the Chamber of Commerce representative to the Parking Management Advzsory Board for a unexpired term ending August 1. 2002. s boardcommass:on memo pmab 30l City Of Delray Beach Parking Management Advisory Board 100 NW 1st Avenue, Delray Beach, Florida 33444 10/24/00 Dear Mr. Harden, Please be advised that I am hereby resigning my position on the Parking Management Advisory Board effective immediately. I would like to thank you for the opportunity to have served on this board and wish you all great success with all yom' future endeavors. Yours truly, Mark J. Bhron ~ CC Bill Wood Chamber Of Commerce RECEIVED 0 C T 2 6 2000 CITY CLERK DELP,~Y BEACH Chamber oF Corn n~erce Febmar3' 28, 2001 Pat Warren Cilx' of Delrav Beach Office of Cilx' Clerk 100 NW 1~ Avelme Delrav Beach FL 33444 Dear Pat: It is with great pleasure that I submit the Gr. Delrav Beach Chamber's applicant for the Parking Mm~agemeut Advisor'. Conmfittee, Ron Radabaugh. Ron. with his wife Renee, are the owners of Dakota 624, one of our £me restaurants on Atlantic Avenue. Ron and Renee have also developed other properties here in Delray, including their Esplenade zn the Grox e in Pineapple Grove. There is no question that Ron understands the needs and the issues of parking along all of East Atlantic Ave. Tha~s for ,,'our patience. Sincerely, William J. Wood President cc: Ron Radabaugh RECEIVED HAR 0 2 2001 CITY CLERK , Cn'eate~ Dehay Beach Clmmbez of Commerce s 64 SE 5th Ave ~ Deb-ay Beach FL 33483 ~ (561) 278-0424 FAX 278-0555 email - chambev(~deh aybeach corn , ,a~.-,al-ol ii :s2 FRO~PARAr. ON ~ROUP -~ElZ?44B4g T-~7'? CITY OF DELRAY BEACH BOARD MEMBER APPLICATION P OZ/OZ F-OTB Parki~ ~uage~enr Advisozy ~oard/Chamb~T Representar: 7. LiSt ~ ~ Bo~ ~ wMch you ~e 9. List a~y relate3 professional certifications and licenses wl:firJa you hold' 1.0..~Giv¢ y our.pre~enr, or mo~ r~t employ, er, met posaion: -L~'-.~_a.L'-!. ~2~, 'l7 '-- {~r-,.l'-_? au_-;-- :i. Desmbe experience-s, skills or I-asowtedge wlx/ch qual~ ~u~ se. Fve on r. his board; (Plante auach a ~rid~s~me) :£.z _~_~x;,,e _/"_-_,,--.,c,,I,.~ ,4. ~ ~,<.~v ~,~ ~t.~__ 5-~.k ,~ ,.~/ I h=rcby certify tha all thc above ~aremems are raxu% and I agree mad understand that any mis~arement of mai hcr~ ' ' ' , caus~ forfelmre upon my parr of ;my appoinrrnenz I may receive. Nor. e: Th/~ application will remain on file in r. he City ~'s ~- for ~ period of 2 ymrs fram the dare k ~eas sabmirr~_ It ~ be the applicator's responsibility ro ensure rdaat a current appl/cation is on ilk- RECEIVED V~ ~ rr/c LI~ILL~[~ &I)~.I~PLI CAT~ 0 ~,I MAR O,l 2001 CiTY CLERK MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~5~ _ REGULAR MEETING OF MARCH 20, 2001 APPOINTMENT TO THE EDUCATION BOARD MARCH 16, 2001 At the February 20, 2001 City Commission meeting Commissioner Archer appointed William Heller, to fill the vacancy created by Ronald Nyhan's resignation. Mr. Heller has declined the appointment (see attached letter). Per our Local Rules, Commissioner Archer is entitled to nominate a replacement appointee to fill the vacancy (copy of Local Rules attached). Members of the Education Board must be residents of the City or have a child attending Dekay Beach public schools or own property and/or own or operate a business w~thtn the C~ty. It is the intent, whenever possible, that the membershtp include persons with a background in business, real estate and/or educanon. The following have submitted applications and would like to be considered for appointment: Dxane Puchard-Allerdyce Saralyn L. Buzen Tanya Dowell Gerald P. Franciosa William P. Milner, Jr. A check for code violations and/or municipal liens has been conducted. None were found. Recommend appointment of one regular member to the Education Board to fill unexpired term ending July 31, 2002. boardcomtrnss~on mcmo cducaUon 3 20 01 ~flLLIAM HIRSH HELLER S0 EAST ROAD APARTMENT 5i-H DEU~A¥ BEACH. FLORIDA 33483 Telephone: 561.274.7458 E-mail: bheller33483@ peoplepc.corn February 28, 2001 Mr. David T. Harden, City Manager City of Delray Beach 100 IqW 1st Avenue Delray Beach, FL 33444 Rig: Appointment to the Education Board Dear Mr. Harden: Thank you for your kind letter of February 21,2001 notifying me of the City Commis- sion's approval of my appointment to the Education Board. Unfortunately, I must respectfully decline this appointment at this time. I originally applied for the Board position last year. Since that time I have been elected president of my condominium association and editor of a monthly newsletter for a non-profit organization. In addition to those two positions, my best friend has recently been diagnosed with a terminal illness. I offered to assist him in his business. These three activities take up the majority of my time. I doubt that I could do justice to any of these obligations were I to take on an additional work load. My position as president of the association will be completed early in 2002. I would truly appreciate the re-consideration of my application at that time. Sincerh~ly, CC: Janet Meeks, Education Board Liaison Pat Warren, Board Liaison RULES OF PROCEDURE - DELRAY BEACH CIT'~' COMMISSION I. GENERAL PARLIAMENTARY RULES. The general parliamentary procedure to be followed by the City Commission of the City of Dekay Beach, Florida, except as otherwise modified by the City Commission or as modified or amended herein, shall be in accordance with the rules of parliamentary procedures entitled "Robert's Rules of Order", being the reprint of the 1907 edition. II. LOCAL RULES. The following Local Rules of Procedure shall be applicable to the organization and conduct of business, as well as preparation and publication of agendas, of the City Commission of the City of Dekay Beach, Florida. To the extent these Local Rules shall modify or conflict with the standard "Robert's Rules of Order" as adopted above, these Local Rules shall prevail to the extent of their conflict or inconsistency with "Robert's Rules of Order", Regular meetings of the City Commission shall be held on the fn:st and third Tuesdays of each month, with the exception of the month of December and any Dekay Beach municipal election dates, at 6:00 p.m., in City Hall. During the month of December only, the regular City Commission meetings shall occur on the first and second Tuesdays at 6:00 p.m. at City Hall. There shall be no regular City Commission meeting on the date of a Dekay Beach municipal election. A meeting that would otherwise have been scheduled for such date shall be held on the Wednesday immediately following the election at 6:00 p.m. at City Hall. 2. Workshop meetings of the City Commission shall be held on the second Tuesday of each month at 6:00 p.m. in City Hall, except that there shall be no workshops in the month &December. All regular City Commission meetings shall be held in the City Commission Chambers at City Hall, unless otherwise designated by the City Commission. All workshop City Commission meetings will be held in either the First Floor Conference Room or the Commission Chambers at City Hall, as determined by the City Manager. There may also be special workshop meetings at such other times as so designated in advance by the City Commission for the purposes of holding joint meetings with City boards, etc., to include receiving annual reports and presentations from the City's boards, committees, agencies and authorities, or for such other purposes as may be deemed necessary or desirable by the City Cormnission. Special meetings shall be called at the request of the Mayor in accordance with the provisions of the City Charter and the Code of Ordinances. To the extent compatible with the conduct of business, all workshop meetings shall be held on an informal basis. The applicability of the City's general rules shall not be strictly applied. Public comments after presentations will be limited to two (2) minutes at the Mayor's discretion or by consensus of the City Commission. Although appropriate me~nbers of the City Attorney's Office and City Administration ma), place items on either the workshop or the regular agendas, all regular agendas shall be subject to review in advance by the Mayor prior to their pubhcation, except that a majority of the members of the City Commission may request that the City Manager's office place or ~emove an item on such regular agendas, and that all such regular agendas shall be further subject to the approval of the City Commission preceding the conduct of business at each such meeting. If the Commission or any of its members wigh to~ place or remove an item on an agenda, or if any member of the Commission has a question or concem about an item, any such request or inquiry shall be directed to the City Manager's office for disposition as opposed to any Commission member contacting any City officer or employee who is subject to the direction and supervision of the City Manager. 8. With regard to the agenda for regular City Commission meetings, the following shall apply: a. To the extent possible, the City Administration shall group all matters by subject area, and shall place as many as possible on the consent portion of the agenda The agenda format shall be generally as follows: A call to order, invocation, pledge of allegiance, formal approval of the agenda, formal approval of minutes, proclamations and presentations, if any, the consent agenda, the regular agenda, public hearings, public comments and inquiries from the floo~ concerning items not on the approved agenda, first ~eadings of ordinances, followed by items not specifically on the published agenda from the City Manager, the City Attorney, and members of the City Commission. The public hearing segment of the agenda shall be duly advertised for and shall commence at 7:00 p.m. or as soon thereafter as possible. Any items received during the non-agendaed items section of the regular agenda may, at the discretion of the Commission, be discussed by the City Commission at the time of such presentation, may be directed by the Commission to the City Manager for action or resolution, or may be added to a subsequent workshop agenda if a member of the City Commission so specifically requests. (1) Votes taken on ordinances, resolutions and motions shall be by roll call and shall be recorded by the City Clerk. The roll call shall be on a rotating basis and according to the numbered Commission seats, i.e.: Motion A - Order of rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Motion B - Order of rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Motion C- Order of rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2, etc. (2) There shall be no votes taken on any non-published/non-agendaed items, except upon the declaration of an emergency. The declaration of emergency shall only be determined upon the affn-rnative vote of no less than four (4) members, or a unanimous vote if only three (3) City Commission members are present and voting on such morton. These rules are not intended to and shall not supersede the procedures and requirements of the City Charter, Code of Ordinances or State Statute with regard to emergency matters for consideration by the City Commission. - 2 - III. All public input on agendaed or non-agendaed items shall be limited to not more than three (3) minutes per person, subject to an extension of such time upon the formal approval by a majority vote of the City Commission members present and voting on such request for extension of time. f. The Mayor shall have the authority to limit immaterial, unnecessary or redundant presentations or requests. Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be at the specific request of individual City Commission members. CITY BOARD~ COMMITTEE~ COMMISSION AND AGENDA APPOINTMENTS. All appointments to city boards, commissions and committees whose members are not subject to appointment by other entities, and in accordance with any applicable restrictions by State Statute, shall be made in accordance with the following procedures: All vacancies subject to appointment to such city boards, commissions and committees shall be made on a nomination basis by each of the members of the City Commission. This nomination shall be construed to be a Motion to Appoint, which must be seconded by another member of the City Commission then present and voting, and then adopted by an affirmative vote of no less than three (3) votes. If a Commissioner makes a nomination/motion and this motion either fails for lack of a second or does not receive a sufficient number of affirmative votes, then that Commissioner shall have one additional opportunity to make a secondary nomination for this vacancy at this same meeting or the next successive regular meeting. If that appointment should also fail for lack of a second to the nomination or by not receiving sufficient affirmative votes, then the nomination shall rotate to the next appropriate Commissioner. The rotation system shall be by numbered Commission seat and insofar as possible, each Commission seat shall be assigned an equal number of initial appointments from the date of adoption of these rules, i.e.: Board A - Order of Rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Board B - Order of Rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Board C - Order of Rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2 A separate rotation list shall be established by the City Clerk's office for each such City board, commission or committee, and the City Clerk's office shall maintain records of the rotation list, the status of same, and the nominations made by each Commissioner. In the instance where a vacancy is available at a City Commission meeting where the Commissioner who is next on the rotation is absent, then the City Commission shall postpone this appointment to the next regular meeting. Should this Commissioner not be present at the subsequent meeting, then the nomination ability shall pass to the next Commissioner on the rotation system present at that meeting. - 3 - In the event that an individual, duly nominated and appointed to a board, commission or committee by a Commissioner at a City Commission meeting, is unable to accept or declines the appointment, for whatever reason, then the Commissioner who appointed the individual unable to serve shall have the opportunity to nominate a replacement appointee to fill the vacancy before the nomination ability passes to the next Commissioner on the rotation system. Such replacement appointment shall be made no later than the second regular meeting subsequent to the meeting at which the declined appointment was made. If the replacement appointment is not made within this time frame, then the nomination ability shall pass to the next Commissioner on the rotation system. Appointments for vacancies occurring on a board wherein the particular member has, for whatever reason, not fulfilled their entire term of membership on that particular board, commission or committee, shall be to complete the unexpired term only. The City Commission retains the right to waive these requirements by the affm'native vote of no less than four (4) members of the City Commission under circumstances that would be in the best interest of the City (or a unanimous vote if only three members of the City Commission are present and voting on such motion). These rules, when adopted, shall supersede any other general rules or local rules which are inconsistent herewith, to the extent of such inconsistency. Approved and adopted by the City Commission of the City of Delray Beach, Florida, at the Annual Organizational Meeting held on March 30, 2000. ATTEST: Alison MacGregor Harty // -- City Clerk Ref City Commission Local Rules - 4 - CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 p/~l:' 02 Please type or print t~e following information: 1. Last Name:{-~ 2, Home Address: _ '-41q~ to~ "~-'~ CT. 3. I,~gal J~. What Bo~d(s) City Bus' s ho · Stmte Sta~e State Middle Initial Zip Code Zip (:ode Zip Code List all City Boards on which you are, currently servin~ Or have previously served: (Please include dates) i .. g L'TO ~,,:s -,"~ 6c~ _ JJ~ _Ex:htcatJollaJ qualificatibBS: · .. .... c0, , 0cc 9. List an'v related proYessional c~rtificdfons a~d licenses wffich :you hold: -i-0 Give your resent, or most recent employer, and position: L.¥,gA~ 0 ,i3 ~. ~t T Y ' ~ ~ PT, ~ B A ~ ~ I 1. Describ~ experiences, skills or knowledge which quali~' you to serve on this board' (PI~ a~acn a ~rie~resum j [ hereby ce~i~ that all the above statements are tme, a~d I agree and unde~tand that any misstatement of material facts contained I~ this application may cause fo~eiture upon my pa~ of any appointment ~ may receive. SIGNATLIRE RECEIVED JUN 2 0 ZOO0 m^~ CITY CLERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~ Vim~ IJ4ame Rtchard-ABe~dy. N. W. Scream Court (4O7) ~?-.87~) Ph.D. in F.a~[ish ~ I~e Univ~sity ofFlo~la (AIMI 1988). Dimmatiot~ ~ F~miaine Ctaativity of Amis ~m: A Lacanian ¥ie~' dim~d by F.,tlie ~-$ulliv~ Phi Ikna Kapp~ M.A. (19~3) andB.A. (1983) in Engii~ fromFlori~Atlan6¢ University. Thesis'. 'Saaily and Xmanity m Two Novels by William Faulkner' directed by Julian C. Rim. Uadergtaduate Award; Ketmega P.. Wi_lllnm~ Award for Scholas~ ~t, April 1 ~S3, Teaching and AdmiubtralJ~ txperlm~ ~.vnfl Unlversf~y, Boca Eaton, FL 33431: _ptn~_ _eot ofFn~i~ (1~~); ~ ~ (l~3- Li~ I & H, (~~) M~~~~ ~~ & B~; F~ ~p~ ~N~; lrlortabAtlantic Unl~er.~.tv, Browatd Cenlet. Davie, Florida. Ad~,n~ (Smam~ 1994. Sl~ng 1992, 1993). Canq~, ~ Raton, Florida. Adj~ct (1988-1989). Courses Taught Compoaifioo II/Wri~ About Palm t3~aah ~~ Coli~e, Soa~, Boaa lLaton, Flor~ ~ (Summo~ 19~$-1990) C~r~s Amerkan l,iaetam~ I & II. Universe.tv ofFlonda, Oainesville, Florida. Teadain8 Assismn (1953-~.S, 19S'/) Co~rses Mugat: ~on I & II; Advanced Exposiaon. Center for F. tlucation, 2'ratning. and ltol~ic.41,proac~ Ina (CE~11,4), Delray Beak flodda {APO,1 q~aialisL community gardea oootdinalor. Milagro Center. D~h'ay Beak Florida (lu17 1999-Mate. h 2000). ~, editor gnmtwrit~, youth Unitartt~ Unlwr~ist Fellowship of Boca R~on, ~ R~oa, Florida (1993-p1~). Roligio~ F.d~:~oll ~ ~ad mc ac'~ou liaison. ,4hMs ~Vln and the l~making of SeOq: C_vmu~r. Modernl .~n, and l~arrattvt Identity. D~C~b. ~ Noflbet~ [lli~il ~ Pt'ti 19~S, ']~o'i~re Feminine ~tl it~ Diamlll~: ~ Nin'$ Rt~on~ to D. R Lavamoa.' D. H. Ltmrence Revl~,w 26.1-3 (1995 ami 199e 197-226. (Publiahed 1997). "lq~'a'~A~(~~~htl~Di~i~afA,mlal~m: 'l'bm ~d Now).' Anat,: An lnttrn~onat Yourn~l {199~): 79-94. '~rmg the ~ lmti~ C, romh md Social C~an~ i~ the Womea's, M~'s md ~Spimua~ MovemeaU." Femim~t Im, t. 14.1 {Spring 1994): 57-66. 'Amls Nin'$ Mothering Metal- T oa, ard · ~ V'~-w of F~niaiae Ct, mtivity.' In Com~mOe Formations: Cmrrent D~re'c. ltc in P.yvchoan~vtte Criticism. ~l. by Vera J. Camd~ KeilL Ohio: KSU Pt~% 1989; 86-9S. Cmsivg Writing:. "~olmct: 7'~ C_mxmd.' Amir/can Poeu & Poetry. 'Storm War. rig,." 3~dwest Poetry Re~/ew. Spriag 2001 (fo~. "A Smoon of Giving: Som~' SP~t&H 04,nel~a Maga~ne). 24-25 (Wi~r 2~). "Tour R~tk~om: Omi Fulto~ ' Fresh ~'atcr. Forthcoming po,~u'y m:ho~ from Pudding House lnablica~o~ '%Valki~ 'm ~!~ Datif' (poem). Boca Raton News, 26 August 1998: 3C. "Liomss" (poem) ami "To a Stone" ~ ~xoerpi). In Iohn Fox, Poetic Medicine. New Yodc: 6. P. Pmmm. 1997. Litany $oulma~e' ~cnne l~floctiom on Nin's Infl~n~' (-~__~-y) and 'A Liter~v. So~tmate-~tn F. xctr~ (l~ay). luAna~s Book ofM~rrors. F~t by Paul Heu~,,a. Hut&agton Wood~ Michigan: Sky Blu~ Ptn~% 1996; 11M-85 Dlatiel R, S~bwar/'s Reconflg~rtng Modernism: ~or~lo~ in the Rd~o~lp btmeen M~m ~t ~ M~ ~mr~e, ~ y~: ~. ~'~ ~, 1~7, ~r ~es tn ~ N~I ~ 2~). ~ip K. l~'s ~ ~tic~ Re~ W An~ Nih. W~ ~ ~ ~, 1~. ~ ~ ~uth Ati~c 62.2 (~ 1~7): 16%70. ~ ~'S R~ ~. ~ ~ YO~' ~ U~ ~ 1~5. ~N~etter of~e F~~M 1.2 (1~: ~ ~e~c 06/19/2000 17:05 5G18835465 E~-F~AT.F_LASS~3IATE$ PAm~ 05 Considen Dun~: Frk~dahip, I~nlousy and tl~ Cteadv~ Pt0ce~.= Lawrenoe Dutrell Society's ~ on "l'ne 1~, Miller ~xl Nih. 1930-1940' (May 199S) in Coltunbu~ Ohio, "Brmking S~cncc: Narrative as Monmin~' Nama~: An ~mal ~ (Alail 1996) in Columt~ Ohio. "fh~rie~ of Gender and Se~d Action: Some Conn~ons.' Popular Culm~ Ar, sociation/Amerkan Cuitu~ Ass~iagon Annual Meen,~g (Ap~l 1995) tn Philadetph~ l~nns~.~ma_ ",~rate~ie~ of Evasion in t~e ~ of An~s Nm: Then and Now.' 1994 lmematio~d Namuive Ccnf-~ (April 1994) in Vanoouver, B,C, "L'~.c'r~t Feminine and i~ Discontmu: Ana~ Nin'$ l/zspons~ to D. It. ~.' Poi~lat Cuttur~ Association Annu~ ~ (Ap~ 199~) in Chir. a~. n~mo~. "Hearing Ibc O&e~. Wholeness and Bahn~ in t~e Won~n's. Men's md Eco-~ Movemem~.' Poptgar ~ Association An~ican Ctflm~ As~ociaQon Annual Meetin~ (April 1993) in Ne~, Oflean~ Louisiana. "l/~hinki~ Color: The C-n~I Ac~xa'din~ to Alice Walker.' Popular Culture ~sociafion/An~rican Caliure Asaociatie~ Annual lV~eting 04n/~ 1~91) in Snn Antonio. Texas. 'Amis N-m's 'Poetic Porn': Subve. ning the lvhl¢ Gaze.' Popular Culture A~,:.~ation/American Culture A.~ciation Annual lvleeha (March 11~90)in Toronto, Canada. 'Ex-Communicanon and the Politics of(Professional) Positioni~" Ln~a~ Politi~s & Discomm Conference (May 19S9) n Kent UnJversiF in Kern, O~io. Death of Anals Nih.' Lecture S~ries: 'Words. After Hour~' (May l~Sg) at florida Adantic University. 1~. Laudetdale, FI~. 'D'lidraterre rout theJouiz~noe of B~ing: ~ ~ ~ Ascii Wilt' ~ ~ 8: Literature C~ (May 19;$) at !, ~ Uub~t, sity in Kent, Ohio. Pamcilntm: ! 993 HEH Summer Seminar, 'Critical And Tlg~tical Ptr~emve~ on the ]~demist Tradition,' directed by Daniel R. Sd;hwa~ Comell Unive. x~ty, June 14-July 10. 1993. Delegnt¢: AAHE Forum onEx~.,mpla~'T~achin& Sanl~m~isoo, Californ~ ~#~1--% DI:LRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: 3. Legal Residence 4. Principal 13usiness Address: 5. Home Phone: ..v'7-'7(-' -~" City, City Middle Initial State State Zip Code . Zip Code lC' ,._ stt~/... Zip Code Business Phone,~ lb.. 6. What Board(s) are you interested in serving? 7. List all Cit3 Boards on which you are currently serving or have previously served: (Please include dates) 8. EducaJ, ion~al qualifications: o 9. List any related professional certifications anal 1" 'icenses which you hold: 10. Give your present, or most recent employer, and position: 11. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby codify t~at all the above statements are true, and I agree and understdnd that any misstatement of material facts contained in this application may cause fo~eiture upon my pa~ of any appointment I may receive.~EOEIVED ~~~~z~ FEB 0 8 2001 S'XO~ATU~ / ~ ' ? CITY CLERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S'CIT5 CLERK .BO&RD APPLI( ~,TIO\ 08/21/2~_00 1'5:55 SF'ENCI~R/C~F~TA CITY OF DELRAY BLEACH BOARD MEMBER APPLICATION P/aGE 01~01 RECEIVED AU6 2 8 2000 CiTY CLERK fig .Sck,d EMPLOYMENT TANE4 R. DOWELL, ACSR 4686 Cresthaven Boulevard #5 West Palm Beach, FL 33415 (Home) 561-649-2631 (Work) 561-242-2219 Health Management Systems - West Palm Beach~ FL Administrative Assistant - January 2000 to Present Major accomplishments to include the streamlining of manual processes by evaluating existing processes/procedures and developing various computerized spreadsheet documents. Responsibilities are as follows: Accounts Payable · Maintain and track Project Billing Invoicing Update and maintain Managed Care Recovery Claims Tracking Database · Process all Client Managed Care Recovery Invoicing · Florida Office Benefits Point of Service Contact Person · Florida Office Compliance Point of Service Contact Person · Assist Vice President of Marketing · Assist Manager of The Decision Support Group as needed · Assist Field Consultants as needed Maintain Time Off Schedule · Work on Special Projects as needed · Facility Construction · Maintenance of computerized and non-computerized office equipment Coordinate and oversee vendors relationships · Maintain and track budget for office supplies Patient Financial Services~ lntracoastal Health Systems - West Palm Beach, FL Administrative Assistant - December 1998 to December 1999 Report directly to System Director of Patient Financial Services as personal secretary, handling various aspects of the PFS Administration Office as follows: · Accounts payables · Check runs · Compile and maintain Daily Report Card production report · Prepare agenda for weekly PFS management team meeting · Order and maintain office supplies · Vendor Relations · Non computerized office equipment, i.e. phones, faxes and copiers · Building issues, i.e. maintenance, parking and security · Special projects · Appointment scheduling · Filing - · Miscellaneous typing · Provide clerical support to director and managers as needed Office of U.S. Congressman Alcee L. Hastines - West Palm Beach, FL Congressional Staff Assistant - August 1998 to December 1998 Reported directly to the District Representative. Major accomplishment development of automated forms on computers increasing production by 50%: Worked on both Florida State Senator Mandy Dawsons and Commissioner Maude Lee- Ford's campaigns · Attended various engagements on behalf of Representative Hastings · Typed letters · Appointment scheduling · Maintained computer equipment · Ordered and maintained office supplies · included Handled constituents calls/concerns and relay to representative Hastings DC office Provided clerical support to congressional staff assistants Associated Business and Commerce Insurance Corporation - Boca Raton~ FL Underwriting Assistant - Workers' Compensation Ins. January 1995 to June 1997 Reported directly to the Underwriting Manager. · Accountable for reviewing, quoting and underwriting new business and renewal submissions · Data entry and maintenance on account files · Verified business experience rating modification with NCCI · Processed and issued endorsement changes · Responsible for sending termination and reinstatement notices before Florida State guidelines · Daily contact with NCCI, Florida Deparhnent of Insurance, agents and policyholders Atlanta Casualty Insurance Company - Atlanta~ GA Administrative Assistant - Actuarial Product Management August 1993 to January 1995 Reported directly to the VI> of the actuarial department as administrative and personal secretary. · Electronic maintenance of private passenger state filing manuals on PC · Down loaded manuals for preparation of individual state filing · Provided clerical support to actuaries · Prepared weekly and monthly production reports · Maintained law library National Council On Workers' Compensation Insurance - Boca Raton~ FL Supervisor - Order Processing Department July 1989 to January 1992 Reported directly to Assistant Vice President of Quality Assurance. In charge of hiring, training and evaluating the performance of employees in the Order Processing Department. Involved in all phases of quality customer service, order processing and Mailing lists systems. · Data entry of product orders · Developed and maintained mailing lists · Resolution of account discrepancies · Prepared monthly status reports · Appointed Team Leader of the Financial Information System Task Force. The FIS Task Force studied the order processing, accounting and mail center systems. It purpose was to develop more efficient ways of tracking financial information and getting publications out the door in a timely manner. · Appointed member of The Effectiveness Publication Process Committee EDUCA~ON Sinclair College - Dayton, OH - Major: Business Administration & Secretarial Sciences. ACSR Insurance Designation, 440 Commercial Lines Insurance License SKII,LS AND STRENGTHS Windows 95, Windows 2000, MS Word, MS Excel, MS Access, Lotus 123 4.1, WordPerfect 6.1, Quatlxo Pro and Ami Pro Insurance Systems - Insumet, Applied and FFVA Systems · FROM.: GER-$AI~ FAX ~iO. : 5612660?46 3ul. BOARD MEMBER APPLICATION 2000 ~9..=,HH Pi ?leas~ tyl:~ ar prim ibc followi~g informagon' [1 LastName.: {~'{~.~F_iO.~} Middlc lmtia} { code ': 7, L,st -~li City Boards ~ ~hich you arc currently ~arvlni~'~r'h~-ve previously ~rved: l:'?l~a.~ i-~.h,de dines) Zip Code -8. Educational q%lificatio~s: ,~.),. , List m~¥ r~lat0d prot'~i~ional certif'm, ations ~ud li~s which you hold: 10. Giye)'ou~ pr~s~nt, ormost reo~n£ emDloyer, nnd position: . . ~ ~ , -1 ~ ~ri~ mxp.i~cei, ~kills or knowledge wllich ~li~ y~ to s~e on ~s boa~: please a~h a kiCf~same) ~ ~ ~re ~' cem~ that ali the above statements ~re ~ue. ~nd I ~ree ~nd understand the. mfssc, ~tement of material facts contained ~n this oppl~ation may ~use fo~iture upon my pa~ o! ~n / Thi~ applicatiov ~ill rem on-i'fl, i~ the City Cl~rk's 0 · m ~-~te it ~ su,bmi~d It will be ~e applicmt's res~nsi~i~ ~ ~ure ~ a cu~nt ~Ecafion is on file. JUL 2 ? 2000 CITY CLERK CITY OF DEI. RAY BEACH BOARD MEMBER APPLICATION RECEIVED AUG 2 5 gO00 CITY CLERK WILLIAM P. MILNER, JR. 3400 Place Valencay, Delray Beach, Florida 33,t45 Phone: (561) 63%8896 Fay (56 ! ) 637-5802 eosmo o ' cnw.: Employmem Specialist $ 0MMARY' OF QUALIFICATIONS ,~- Expelie,~:ed m career counseling, intetvie~uig and job pla~euaent 4' Abfllly Io assess and evaluate s~atFang needs ofcmploye~ ,O, Skdled ua guiding prospective employees into areas lhat ma.xindz¢ their hunmn potential 4, Fanned ixartnershzps ~ R h a wide range of commumty organizatzons 4' Esmblmshexl relationships ~th commtmi .ty-baso:l leaders hi busmncss, educational civic and rehg~ous organuml]o~Ls 4, Working rclauonslup$ wLth governmental officials and i~mutmnal leaders 4' Confforiabl¢ with people of d~vct~e l:~ackgrotugis f'tom the Barrio fo the Boardroom · I, E~p~nenc, ed m lmernel basccl Tcscatch and PC applicauon5 4' Managed office and field s'ta~ of ~$ people m a fasvpaced deadhne cL,'iven env~ronuaent 4, Proven abfl]D' Io research, identify, documen! and utihz¢ valuable local resources ~ Able IO tniualc, orgaru~e and suc. cessfully follow through on projects 4, Hlghh mourn[ed, achievement orientexL ie.a.m player COIV[MUNICATION SKILLS Experienced public speaker, skillezl and s~as~dv¢ to all types of audiences Skilled and creative writer, s~h experience in developing effective and persuasive wnt~eu commumcat~ons Prepared press releases newspaper articles and appeared i~ racho and telex'tsion piece~ to publicize programs Commumcalion skills m Spanish, vet3, lirmted C-em~n Developed multiomed~a p~ese~ttations, instructional and marketing matermls ]~MI~LOYMENT B/STORY R#cr~lallng Manelter~ ~ ~ ~ I~tr~ of~ C~ 2~0, ~lr~y ~ch. FL ~s ln~or ~ t ~,~t, C~cr for T~hnology. Ent~ ~hatr M~a ~ Wad~ ] xot~t Cal~mg ~d S~l~ Ev~l~. Et~o~ ~ South FIo~ Iffo~seS~sb~ Rcgl~lF,[c fat child ca~ e mid home ma~emenl ~le ~& r~ov~r~ from ~no~ls ill.ss M~er. Fovo~ C?~ World. ch~ 1 199~-99 1995-1 1994.Present 199 ~-l')~a ! 992 1991 EDUCATION/TRAINING B.A. lnterdlsciplina~' Social Sciences. 1983, University of South Florida, Tampa, FL Cotus~ work inch:deal Black Political Thoughl $oc,~logx. Anthropology. Economics. Wouaen's Studies. History, Race and £fl~uc Relations, Nauv¢ Auaenc. m~ ('uhurcs, Ptulosoph.~ and Logic. Pohucal Science. Comparative European Studies. Psychology, Urban Studies. Hr,man Pagh~s. Conflscl Theo~ and Busuaess Law Relocation A...istance Program Manager Training. Hays Group at Willigen, German), Relevant ('ourse work' Marketing. Publ,c Relmion~. Public Speaking. Advertising. Orgmutatmna] Behavior, Ps'y. chologqcal Aspects of Relocation MILITARY SERVICE: U.S Na~T, 1973-1977. Honorable Discharge COMMUNITY SERVICE Delray Beach, FL l 'o/untecr EPOCR (Expanding and Preserving Our Cultural Heritage). Assisted in .nplememauon of vanou~ commmdty events ua support of the S.D. Spafly Black Hislory Museum Gieasen, Germany. t )rftanizer Orgalazext le~ures for Dr. Peter Rosset. Executive D~reclol of The Institute for Food and Polic) De, elopment. ~smng al Glessen Umverslt)' Z. araeoza Air Base. Spain t~htck ,$'pecta!_~mphas~s Program M'anager. Organized m~d secured fiuads for a x~ idc variel.~ of acl~attes for entire ba~c con~m~uaRy including multi-cultural dinner andjazz concerts, film s~nes, theater, lectures. semi,mrs, es~.qx/an comesls m~,oh ins sa'orients from the local ctfllure as well as the nulitary commumry MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~t{~ - REGULAR MEETING OF MARCH 20, 2001 APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD MARCH 16, 2001 With the resignation of Lmda Fness, layperson, effective March 28, 2001 (see attached letter), tNs creates a vacancy to fill her unexpired ten'n ending August 31, 2001. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. One member shall be a regastered architect, one member shall be a registered archatect or a registered professional civil engineer, and one member shall be a landscape architect or a person with expertise in landscaping or horticulture. Other members have met all of these qualifications. The following individuals have submitted applications for consideration: John Baccari Janine Dabney-Battle (current alternate on BOA) Diane Borchardt Salvatore Coco Mark Gregory Jay Hasher Barbara Holden James Keavney Michael Simon Nancy Stewart Timm Sweeney Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Mayor Schmidt (Seat #5). Recommend appointment of a regular member to the Site Plan Review and Appearance Board to fill an unexpired term ending August 31, 2001. boardcommass~on memo sprab February 12, 200 ] Mr. David T. Harden City Manager City of Delray Beach 100 N W 1'~ Avenue Delray Beach, FL 33444 Dear Mr. Harden I wish to tender my resignation from the Site Plan Review and Appearance Board effective, Wednesday, March 28, 2001. My husband and I will be moving to Northern Florida on March 30, and unfortunately, I will be unable to finish my term on this board. I have enjoyed the experience and have learned a great deal about city government. I have also enjoyed working with the exception group of professionals affiliated with this board and your fmc staff. I thank you for the privilege to have served in this capacity. Best regards, cc: Loretta Heussi C 1~:85 BOARD MEMBER APPLICATION 1993 C Please type or print thc following information: ~. ~p~ Busin~ Addresc Nm. ne John l~lra~ Beach City 5. ' Ito~c l~bonC: 243-0055 6. What~o~s) ~e you intcrested ~servin~ S/ce Plan Revtev & Appea=~oce Boazd State z~ Code 33444 z+p Code" Bus,ess Phone'S61.83'2_9110 {1:'.~1~_832_8876 List all City Boards on which you ar~ cu~cnd'y serving or b~ve previously .~rved: (Please includ~ dates) Boa=d of Ad.~usCnenc - 199[-1993/199~-Present-term e~.~-izres ,8/31/00 Bo&rd of Construction AppeaXs 8.'Educ~ionalqualifica~ons: B. A. ~ architecture. Syzaeuse '9. £istanymlamc~'pmfession~ceAifi~onsnndlicen~swhichyouho~d: ~eRlecezed azchitecti General Contractor a~d Licensed State Z~peccor L10. Give your present, or mo~t ~ecen! employer, and position: _ I C,. r l hereby ~ that all the a~ve s~men~ am t~e, and I agree and unde~tend that any misstatement of matedal ~ conMJned in this appli~tion may ~use ~iture upon my pa~ ( JUN I 3 2000 CITY CLERK 561 24:3 3"~4 ~'< P.~k3 C CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 19~3 C Please type or print the following information: I. La~ame:: Name Middle Initial 2. Home Address:' City State Zip Code 3. ~g~ R~idence Ci~ Sm~ Zip ~e 4. ~cip~ Bm~ess Ad.ss: Ci~ State Zip 6. What ~(s) ~e ~ou info,cd in ~m~g? . 7. Li~ QI CiF Bo~ds on ~ich you ~ c~eml~ ~wing ~ ~ ~iously ~: ~ime include ~tes)' 9. Li~ ~y ~lm,d professional c,~ifimtions ~d li~n~s which you hold: O. Give your pm~n~or mom m~nt employer, ~d ~sJtion: . ~ ' ~rJenc~, sxhls or ~owl~ge which q~li~ You to m~e on ~is ~: (PI~ a~ch a brief resume) hereby ce~i~ that all the above statements are t~e, a~d I ague and unde~tand that any mt. tatement o~ matertat ~ conmtneO i~~t~may =use ~eitu~ upon my C[t. lqO~: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was subrnit~l. It will be the applicant's responsibility to ensure that a current application is on file. 1996-1998 199~1996 1985-1989 -Jnnine I:)atmey-Battle Fmc 581.837.8176 ~ Pltofll 661.637-8778 Dna/Major, BSB.4 ~n Ffhmc~ and Rta/F.,~e, OA~o ,.q~2re t/tatvt~ty IlIIIIH IIIItUmlt · Member, Commaxhl Real ~ Womea · M~, 1~ P~'k i~nm:tn~ PTA · RdlexJmll rutm. A~ 01/24/00 ~0~ 18:4J FA/ $11 243 a??¢ 199,1 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION information: you m'g cun~ntly ions: L'i0. Give ormo~,, ~iW~, ~d pos~ion: yo~~ or m oK ~nt ~p, _ . -- I 'h hereby Ce~lfy that all ~he above scatemen~ are true, and ! agree and understand ~hat any misstatement of material facts congained In ~hi$ application may cause forfeiture upon my part ve. RECEIVED ~,,~, . ..-. SEP 2 2 2000 ~ Note: This application wiU remtin on ~~ ~~k~ ~ ~r e ~ of 2 y~ ~m ~= ~ it wu sub~. I~ ~I1 ~ ~e ~pU~t's ~nsibiH~ to ens~ ~ a c~ ~pli~on ~ on file. C PR~I~$SIONAL EMPLOYMENT Jl~c Io present Mar~h 199:1 to June 1997 SENIOR PLANI~F.R, CITY OF BOCA P~TON, DEVELOPMENT S£RVICF. J;, BOCA BATON, P~ORIDA. P. espons~ilities indt~de: Reviews, prepares, md proccss~ land developmmt and ~d me appUc~o:~ ~u fin~n~ md r~~fi~ m ~e planning ~d Z~g Bo~d ~d Ci~ Co~l ~e~ch~ ~d ~s ~de ~e~ P~ar~ t~fi~l studies ~d r~o~ H~ con.ct ~th ~e ~c on n d~ly 7~ning re~latio~. ~aTio~l ~es. ~d a~ve l~d ~ p~ifio~ Prep~es n~w C~agon ~l~t of ~* Co~r,h~usiv, goals, objectives mid poUcies, md dam ~ Desi~. dev~m~t ~d ~plem~g~ ofn~ Pl~ning & ~ning Dir~wr ENVIRONMENTAL PLANNING OFFICER, CITY OF BOCA RATON, DEVELOPI~IENT SERVICES DEPARTI~fENT, BOCA RATON, FLORIDA. Resl~onsibilsties included: · Envirorunental analysis and approval of all conmJe~cial ~nd m~dtifamUy sites including sites designated oouse~vaTion and environmentally s~nsifive · Man0gement plan developmen~ mid activities for all publicly o,*~ed environmentslly sensitive pzv,~erves · Mouiwr all private preserves · Liaison with City de~i~a~ed boards and committees and Count) and State agencies pertaining to etlviromnental issues · Developmem and processing of all municipal envh omueutal legislation April 1991 u~ Decembes 1991 PLANNER VI, OFFIC£ OF P,A~ID TRANSIT, CITY AND COUNTY OF HONOLULU, HAWAII. Responsible for the time]y ploduction of the Fhml Euvironmcnml Impact Statement for the Honolulu PospJd Tzm~sit Project, an 1 S-mile ;fixed rail. elevated guideway rail system, for the Island of Oahu. Responsi.bUifl~s included: Evaluat;o,t of all enviromnent&l impacts C C September 1989 to May 1991 September 1988 to July 1989 .tune 1984 to December 1987 PLANNER V, ENVIRONMENTAL A.~FA. IILS BBA.NCP., DEPARTMENT OF LAND UTILIZATION, CITY .4dOD COUNTY OF HONOLULU, RAWAXL Responsibilities Development of wetlands legislation for the Island of C~hu Development of Oahu mwM! inv~mary proofs and · Review and evaluation of development in the Special Managemem Area (SMA) and Shoreline Setback Area · Heafugs office and staff planner for SMA ~ ShorelL~e Setback Variance (SV) public hem'ing$ · Make pteseatations to ~ommu~ and legislative groups · Review arid evaluation of ]~nvironmental Impact Statements for accurate ~nd thorough documentation environmental iuues and compli~ce · Ptepata~en o~ tecomme, adsfions for the Deparm~n! to City Cotmcil · Taught environments] portion ora college counse to the public ~ Supervised two other plarmers in the division PRO.TECT MANAGER. DltM INC., NONOLULT.1, H~WKU. Respoasib~ties included: · Dete~mim~on ~ evaluation of project impacts relafiag to environmental, Iocio-e~onomtc and land use issues for I wide variety of projexta (see ~ttachexl list) · Productimx of environmental assesaments zed environmental impa~t mtements · Timely pro~essing of all appropriate npplic~fion~ ~ncludlng zoning amendments, SMA dete~tions, special design d~stricts, development plan mnendmenzs STUDENT AND FELLOWSFI~ CO01~DINATOR, SCHOOL OF IL4~WAIIAN, ASIAN ~ PArC S~D~S, ~~ITY OF ~W~. ~clud~: Management of 16 univershy-wlde fellowship and scholarship programs Coordination of A.siau Studies graduate student academic program im;ludbag ndvertL~ment, rec~uiunem, admissions, ~l~,~ing, ~'ricult~, ~! lme~mtloml August 1976 June 1974 I~ROFESSIONAL .~FFI'~IATIOI~$ Msster~ - Urban and ~,iona] Plarmin~. U~v~it)' of Hawaii- M~no, M~sters. Polilic.~ Science. University of Hew~ii.Manoa Ba 'd~lor of Arts - Psychology. Univot~ily of Huw~it-lVl~non American Planners Association · .American l~/m~t of Cortifiod Plann~ - lntemsflonal ~~ of~-W~ ~ ~ni, Honol~ ~i N~ ~m[ B~d. ~~ ~ of ~y Bea~ Furnished upon C qll~,~,~3 BOARD MEMBER APPLICATION 6. What Board(s) are you interested in seq, ing?_ . / , . , ~,o -- 9~". List all C!t~ ~oards on whii:h you are currently serving or have previous ease include dates) . Edu~tio,~al_~lualificatir4ns: · . _ C )~ List any ~elat~d professional certifications and licenses which you hold: "'~ O. Give your prtsent, or most reccq! employer, and position: __/ ] 1. Describe experiences, skill~xor kn, owledg~which quali~ you to serve on this'board' (Please attach a brief reSUmeI - / I hereby certify that all the above sratemengs ere, true, and I agree and understand that any mi~of rnareri~l/fellts contained in this application may cause forfeiture upon my part SI~E ~' ' Note: This application ,,,,'ill remain on file in thc City Clerk's Office for a period of 2 years from thc date it was' submiued. I~ will be the applicam's responsibili~' to ensure that a current application is on file. RECEIVED JUN 3 0 1999 · ' CITY CLERK Salmlore G Coco Principal COCO + COCO, ..^. Bachelor of Architecture, 1987 · American Inslilute of Architects · National Council Architectural Regislration Board · Florida, Architecture and Interior Dasign / 1996 · New York, Architecture / 1990 Salvatore G. Coco has a lifelong exposure to the construction and design professions. Past experience has ranged from multi-story luxury residen§al projects, nursing homes, educational facilities, public libraries, commercial buildings and aviat,3n projects, These experiences began at Coco & Baldessano Architects, a predecessor firm established in 1965 by Sa~vatore Coco, Sr. Later as Associate Architect in one of the Nation's oldest architectural firms he concentrated on public educational design including several public libraries and the associated construction documents, This included coordination with consultants and user groups in order to achieve a comprehensive anO clear se! of construction documents. A well-planned facility cuslornized to the user constructed in local techniques, completed timely and within budget was the successful objeclwe. Since 1995 Mr. Coco has worked on several large-scale multi- disciplinary airport developments projects. This Included the Project Management of over one m~llion square feet in design and construction over a four-year period totaling over $250M in construction budget, He also led the thirty-person Coco & Coco, P.A. team which acted as the Architect & Owner's Representative for the $75M Addi'don and Expansion to Aeropuerto Imemacional Reina Beatnx in Aruba, Dutch Caribbean. These experiences included an overall ability to understand the needs of different users, agencies and tenants. All of these entities were integrated into these multi-functional airport facilibes. Well-planned phasing of design and construction enabled continuously operating facthties throughout a'tese constnJcbon projects. Knowledge of buildings, systems and codes related to the life. safety and welfare of the public was essential to the success of all these endeavors. The fully developed understanding of these processes is the cornerstone in the successful development of any building project. D~LR,~Y BE~CH BOARD MEMBER APPLICATION P1¢~¢ type -r print tl~e following infonnalion: '1 L ~ Nan, e · :. ~j~.,~:~/;l.x,t._.~___- I ' [ 2. Home Address: : Lega: Residence Principal Burma.ss Address- St~te Z~p ('ode City' State Code. Home Phone: i.~>t all C,~5 ~oa,'ds on which you are ~u~tl~ se~ing or h,v~ previously s,~ed (P~s~ include d~tes~ ..8 F d u~ drlonaL~lual ~ fig-arians' %-- ~,77T,%'% la, ed professional cenifi~auons ~n8 licenses which you h,~ld ~ ]0~e vt, ur prt',en,, or most r~ent e~loy,r, {1~ posit,on: , ;' ~-~,:, ,F.e rxprrie4~ce~, skills or knowledg~ which qualify youlo s~se on this bofir'~l' (Pleas~ ~h ~ brie!'resmnffb _ Cl hereby certify that all the above statements are true, and ! agree and understand that any ~,,$s~atewmen~ of material facts containel~l~ {~E~J~'on may cause forfeiture upon my part 5'~ ~, ~ ~, % JAN 2 5 2001 i -- ~-o ~ ~-~- ,, -~ CI~ CLE~ .- x~e ~i~ application ~ill rem~n on file ~ ~e Ci~ Clerk's ~ee for a pe6od ~2 years from the date it was >uhm~rt~d It will be the applicant's ~>~nsibili~ to em~e that a cm~ent ~plicafion is on file 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 3. Legal Residence City / State Zip Code 4. Principal Business Ad/res,s: ' State Zip Code /-'~F..~ .~/. ~ . ~¥ 5, ,o~ne Phon/: ('~) ~ ~ o'Z.~,x:~ I Busines~ Phone: (,~/),.~,::j~.../~__.__ 6. What Board(s) are you in~ems~ed in serving? ?. i.i~ all Ci~ Boards on which you ~'~ currently .~r~in8 or hay, pr~vioudy s~-~t: {Please include date~) 8. Educafiona! qualifications: _ _ 9. List an), r~laled pwfessiona] certifications and licenses which you hold: ~0. Give your pre~nt, or most feint em¢oye~, and position: ,., .,, ! ]. lyscribe experiences, skiils~or knowledge which qu~li~ you m serve on..l~s bocci: (?ie. asejmach a brief resume) I hereby certify t_hat a ~_the ~bove statements are-true, and I afgree and understand that any . misst.~.~nt of material facts contained in this application may cause forfeiture upon my part of any i~~x m~V re~/ve. remain on a date it was It will be thc applicant's II~L:~i~i~ ~ I~sure that a current application is on file. AUG 0 9 1999 ~= CITY CLERK FAX $65 243 3??4 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or prin~ rixe followin~ inforrnarion: lqot~ This application will remain on ~e m :he City Clerk's O~ce Sot a per/od of 2 7ear~ fi.om r. he 'date xt wits submitted, I~ will be ~h¢ applicant's r~sponsibilit RECEIVED HAR 0 2 2001 CITY CLERK 03/01/01 09:43 Tx,,rRx NO.2451 P.001 I C OF DELRAY BEACH BOARD MEMBER APPLICATION 1~J4)3 C 9. Li~ rely .retge4 Dr~l~ssional c~¢~tions and !i~nses which ~~ _.,o,,.~,-,~-v ~rtt !~/. ¢.~1~. I O. Give your present, or most r~r,e~ employer, a~d position: 11. l~scribe expedences, skills or Imowled~e which qusli~ yov r~ ~r~e-~a ,.his board: ('Please ~t~ch a brief resume) ~ hereby certify that ell the above staternen~ are true, and ! agree and understand ~haC any misstatement of material ~acts contained In this application may cause forgelt'ure upon my of any eppo_lntr?en~ I may rece/ve. '. Note' Thi~q~pfic..~o~ will _t~sln on file in the City Clerk's Office for s period of 2 years from the date ii was submittc6, h will be the applkam's rcspongb~ to ensure that a current application is on film RECEIVED HAY 1 6 CiTY CLERK JAMES C. T~&VlqEY AR~ EDUCATION: UNIVE~ OF M~AMI ARCmTECTURAL ASSOCIATION London, England REGISTRATION: Bachelor of At~l~m~, 1986 Studm . hanSe ProSra 19s4 Ce~ed~ Horida 13894 NCARB: #AR 0016878 Mr. Keavney has an extensive portfolio of ~ence and knowledge pertinent to project manngement and multi-discipline team coordination for a variety ofpmject type~ His experience with local, municipal and federal agencies in the areas of code research and interpmn~on, consm~on document development, project implementation and ability to coordinate with a multitude of Some of the many lrojects that Mr. Keavney has managed include the Brickell Station RivetwalK an historic renovation in Ft. Lauderdale; numerous commercial renovations and rtmmms such as Roadhouse Grill, Miami Subs, Friend's Caf6 and Little Memmid are a few of the recent jobs homes thro~ south Florida as well as in the New England aret Other local commercial jobs include the new Tampa Electric Office in Jupiter Park of Commerce, the White House Restoration in Delray Beach and the Delray Beach City Hall renovati~ lmnes C. Keavn~ 2934 SW 22*d Circle,, Unit B Oehy l~ch, FL ~344~ Home: 561.272.8356 Offi~. 561.276.6011 been employed at include Edward D. Stone Landscape Architects, Jeff Falkan~ & Associates at Eliopoulos Architecture. Some of the many projects thai Sim has managed include The Brickell Station Riverwal~ a historic renovation in Fi. Lauderdale, and numerous commercial renovations ami restaurams such as Roadholzsc C-fill, Miami Subs, Friend's Cai'i, and The Little Mermaid are a few ~ jobs that Jim has managed. In addition to these local restaurants he has designed and managed custom homes throughom South Florida as well in the New England area. Other local commercial jobs include the new Tampa Electric or, ce in ~upiter Pal'k of Commerco, the ~hite House historic renovation in Delray Beach and thc Delray beach City Hall renovation. Jim is a current resident of Delray Beach and works in the city. His Eoal would be to pursue m active position in the preserv~on and well being of this city. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION C P__¥~ ~zim the f_~"__~6n infom~_on: 2. Home Addret~: City. State Zip Code -3. Lepl Residence: C~ State Zip Code 4. Pri~Ir, l Business Address: C~ty. ~ Zip Code 5. Home Phone: ] Busineu Phone.: E-Mai]: ' [Fax: 6. Wba Board(s) are you inte~stecl i~ 7. Li~ all C~ Soar& 06 ~ .you ~ currend~ ser,4~ or have flrevioud~ s~'~-& (Ple~e ind6& daies) 8. Ech~ca~.iom't] qt~]~carion$: z . ~. ~ my rd~ profe.loml ~~ md ~mses ~,~ you Note: This application will remain on ftle in the C. ity Clerk's Office for a period of 2 yem~ from the dare it was submitted. It wR1 he the ~pplicanr's respon6bflky to enmre that a current application is on file. RECEIVED FEB 2 3 I:tll Gl'Pt CLERK ,,,,,, ,:,,., o, BOARD MEMBER APPLICATION Please type or print the following information: 1. La~ Name:: 2. Home Address:_ 3. Legal Residence 4. Principal Business Address: S. Home Phone: 51o I - ~qc~- City MSdle Initial City ,,., State Business Phone' I Fax' What Board(s)t, are you interested in ~g? List all ~i~ Boards on which you ~ cu~ently sem~g or ~ave previously se~: ~le~e include ~tes) State Zip Code State Zip Code Zip Code kOO s,..) 8..Educational qualificatio, ns: ,.,/ · 9. List ~y ~lated ~of~ssion~ce~ifications and license~hich you hold: Ii O. Give yourpresent, or most ~nt employer, ~d position: 11. ~scribe experiences, skills or ~owl~ge which q~li~ you to ~e on ~is ~a~: ~le~e a~ch a brief resume) I he,by ce~i~ that afl the above s~ents ~ true, and I ag~ and unde~tand that any mis~atement of material ~ con,/ned in this appli~tion may ~use fo~itu~ upon my pa~ of any appointment I may ~ive. RECEIVED FIAR 1 ? 2000 Note: This application will remain on file in th&~ity~Clefle~ ~31~ice for a period of 2 years from the date it was submitted. It will be the applicant's r~sponsibility to ensure that a current application is on file. 3701-201 12:a.6PH FROM SIL GROUP +1 S61 S26 3201 '1111Ir'--'- CITY OF DELI?AY BEACH BOARD MEMBER APPLICATION P. 1 .3- Please type or prat the {ollowing 2. Hom~ Aa&e~s~: . /_ G~ State Zi. Code 3. Legal Residence: City State Z~p Code This appl/cat~on will remain on file in't-he City Clerk's Office for 3 period of 2 years from the clare it was submttted It will be the applicant's responsibility to enmre that a current applica~on is on file. RECEIVED HAR 0 I 2001 CITY CLERK MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM /0 ~ - REG~ MEETING OF MARCH 20~ 2001 ORDINANCE NO. 18-01 (SMALL SCALE FUTURE LAND USE MAP AMENDMENT & REZONING MARCH 16, 2001 This is second reading for Ordinance No.18-01 that provides for City initiated corrective small scale Future Land Use Map (FLUM) amendment from MD (Medium Density Residential 5-12 dwelling units/acre) to GC (General Commerdal) and rezoning from RM (Medium Density Residential) to GC (General Commerdal) for a portion of the Nagle and Sail Inn properties, located on the west side of NE 7~ Avenue, and approximately 120' north of George Bush Boulevard. The subject property is the south half of Lot 12, Block 2, Sophia Frey Subdivision, which is zoned RM (Medium Density Residential). The property is currently vacant, except for the encroachment of back-out parking and a dumpster associated with the Sail Inn on the east 5' of the property. The majority of the subject property is owned by Mr. George Nagle, who owns a portion of Lot 11 to the south, which is currently zoned GC (General Commerdal). The balance of the property, approximately 14.96' x 34.35', is owned by the Sail Inn, which also owns the east 34.35' of Lot 11, zoned GC (General Commerdal). The Planning and Zoning Board held a public hearing in conjunction with the request on February 26, 2001. Two residents to the north and east of the property on NE 7~h Avenue were concerned with future proposals to extend the commerdal zoning north of the subject property into the neighborhood. The residents were informed this is a corrective rezoning for a 25' wide area and that any future requests for rezoning will require a public hearing and notification to all properties within a 500' radius of the p}operty to be rezoned. The Board then voted unanimously to recommend approval of the corrective FLUM amendment from MD to GC and rezoning from RM to GC. At the first reading of March 6~, the City Commission passed the ordinance by a vote of 5-0. This is a quasi-judidal hearing. Recommend approval of Ordinance No. 18-01 on second and final reading. Ref:Agrnemo21.Ord. 18-01Small FLUMRezoning2ndreading3-20-01 ORDINANCE NO. 18-01 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 MD (MEDIUM DENSITY RESIDENTIAL 5-12 UNITS/ACRE) TO GC (GENERAL COMMERCIAL) DISTRICT, AND REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF N.E. 7TH AVENUE, APPROXIMATELY 120' NORTH OF GEORGE BUSH BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE USE PLAN AMENDMENTS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2000"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is designated on the Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as MD (Medium Density Residential 5-12 units/acre); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated August, 2000, as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of February 26, 2001, the Planning and Zoning Board for the City of Dekay Beach, as Local Planning Agency, considered this item at a public heating and voted unanimously 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 GC (General Commercial); and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated August, 2000, be amended to reflect the revised zoning classification of GC (General Commercial) 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 half of Lot 12, Block 2, Sophia Frey Subdivision, Delray Beach, Florida recorded in Plat Book 4, Page 37 of the Public Records of Palm Beach County, Florida. The subject property is located on the West Side of N.E. 7th Avenue, approximately 120' North of George Bush Boulevard. Section 2. That the Future Land Use Map designation for the subject property in the Comprehensive Plan is hereby changed from MD (Medium Density Residential 5-12 units/acre) to GC (General Commercial). Section 3. That the Zoning District Map of the City of Delray Beach, Florida, dated August, 2000, is hereby changed from RM (Medium Density Residential) District to GC (General Commercial) District. Section 4. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 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 August, 2000, to conform with the provisions of Section 3 hereof. 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 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affuming its effective status, a copy of which resolution 2 ORD NO. 18-01 shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ,2001. ATTEST M A Y O R City Clerk First Reading Second Reading 3 OR.D NO. 18-01 TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVJJ~)T. HARqEN~cITY MANAGER PA~L~DORLI~TOR OF PLANNIN~ JEFFREY A. COSTELLO, PRINCIPAL PLA~o MEETING OF MARCH 6, 200t CITY INITIATED CORRECTIVE SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5-'12 DUIAC) TO GC (GENERAL COMMERCIAL) AND REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) TO GC (GENERAL COMMERCIAL) FOR A PORTION OF THE NAGLE AND SAIL INN PROPERTIES~ LOCATED ON THE WEST SIDE OF NE 7TM AVENUE~ APPROXIMATELY 120' NORTH OF GEORGE BUSH BOULEVARD. The subject property is the south half of Lot 12, Block 2, Sophia Frey Subdivision, which is zoned RM (Medium Density Residential). The property is currently vacant, except for the encroachment of back- out parking and a dumpster associated with the Sail Inn on the east 5' of the property. The majority of the subject property is owned by Mr. George Nagle, who owns a portion of Lot 11 to the south, which is currently zoned GC (General Commercial). The balance of the property, approximately 14.96' X 34.35', is owned by the Sail Inn, which also owns the east 34.35' of Lot 11, zoned GC (See attached Exhibit A in P&Z Staff Report). With the adoption of the City's Comprehensive Plan and Future Land Use Map in November 1989, the FLUM designation for the property was changed from Commercial to Medium Density Residential 5-12 du/ac. Subsequently, with the Citywide rezonings and adoption of the Land Development Regulations in October 1990, the property was rezoned from GC to RM (Medium Density Residential). It appears this rezoning was established in error based upon the property's land use history, which is further discussed in the attached Planning and Zoning Board Staff Report along with a full analysis of the FLUM amendment and rezoning. PLANNING AND ZONING BOARD ,CONSIDERATION ,,',',,, I The Planning and Zoning Board held a public headng on this item at its February 26~ meeting. Two residents to the north and east of the property on NE 7th Avenue were concerned with future proposals to extend the commercial zoning north of the subject property into the neighborhood. The residents were informed this is a corrective rezoning for a 25' wide area and that any future requests for rezoning will require a public headng and notification to all properties within a 500' radius of the property to be rezoned. The Board then voted 7-0 to recommend approval of the corrective FLUM amendment from MD to GC and rezoning from RM to GC. -RECOMMENDED ACTION Approve on first reading the Small Scale FLUM Amendment from MD to GO and rezoning from RM (Medium Density Residential) to GC (General Commercial), based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous FLUM designation and zoning district were established in error, and set a public hearing date of March 20, 2001. Attachments: Planning and Zoning Board staff report of February 26,2001 & Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: February 26, 2001 AGENDA ITEM: IV.B ITEM: C~y Initiated Corrective Future Land Use Map Amendment from MD (Medium Density Residential 5-12 Units/Acre) to GC (General Commercial) Rezoning from RM (Medium Density Residential) to GO (General Commercial) for a Parcel of Land Located on the West Side of NE 7"~ Avenue, Approximately 120' North of George Bush Boulevard. II N. 1, ~- GENERAL DATA: Owners ......................................... George Nagle and Sail Inn Properties, Inc. Agent/Applicant ........................... David T. Harden, City Manager Location ...................................... West Side of N.E. 7th Avenue, approximately 120' north of George Bush Boulevard Property Size .............................. 0.076 Acre Existing F.L.U.M. Designation .... MD (Medium Density Residential 5-12 units/acre) Proposed F.L.U.M. Designation.. GC (General Commercial) Existing Zoning ........................... RM (Medium Density Residential) Proposed Zoning ......................... GC (General Commercial) Adjacent Zoning ................. North: RM (Medium Density Residential) East: RM South: GC (General Commercial) West: GC Existing Land Use ....................... Vacant Lot and a portion of the Sail Inn Parking lot Proposed Land Use ..................... Corrective Rezoning of a portion of the parcel to General Commercial. Water Service .............................. N/A Sewer Service .............................. N/A IV.B ITEM BEFORE~THE BOARD The action before the Board is making a recommendation to the City Commission on a City initiated corrective Future Land Use Map (FLUM) amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC (General Commercial) for a portion of the Nagle and Sail Inn properties. The subject property is located on the west side of NE 7th Avenue, approximately 120' north of George Bush Boulevard, and involves 0.076 acres. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map. The subject property is the south half of Lot 12, Block 2, Sophia Frey Subdivision and is currently vacant, except for the encroachment of back-out parking and dumpster associated with the Sail Inn on the east 5' of the property. The majority of the subject property is owned by Mr. George Nagle, who owns a portion of Lot 11 to the south which is currently zoned GC (General Commercial). The balance of the property, approximately 14.96' X 34.35', is owned by the Sail Inn, which also owns the east 34.35' of Lot 11, zoned GC (See attached Exhibit A). City records were researched and indicated the property was zoned C-2 (General Commercial) in 1962. In 1972, the subject property, along with other properties at the northeast corner of NE 8th Street (George Bush Boulevard) and North Federal Highway, were rezoned from C-2 to RM-15 (Multiple-Family Residential- 15 du/ac). On April 25, 1977, the City Commission approved rezoning of various commercial properties at the northeast corner of North Federal Highway and George Bush Boulevard from RM-15 to GC (General Commercial) as the properties had a Commercial Future Land Use Map (FLUM) designation and were in commercial use. On May 23, 1977, the subject property, along with additional properties on Federal Highway, was rezoned from RM-15 to GC. The basis for the rezoning was that the properties were was indicated as Commercial on the City's Future Land Use Map, and should have been included with the rezonings to GC approved in April 1977. With the adoption of the City's Comprehensive Plan and Future Land Use Map in November 1989, the FLUM designation for the south half of Lot 12 was changed from Commercial to Medium Density Residential 5-12 du/ac. With the Citywide rezonings and adoption of the Land Development Regulations in October 1990, the property was rezoned from GC to RM (Medium Density Residential). P & Z Board Staff Report Nagle Property - Corrective FLUM Amendment and Rezoning to GC Page 2 At the end of last year, Mr. Nagle inquired with regard to the development potential of the property as a parking lot. At this time, Mr. Nagle (who purchased the property in 1985) was made aware that half the property was zoned GC and the other half zoned RM. Based upon the above, a FLUM amendment and rezoning to GC are being sought. FUTURE LAND USE MAP AMENDMENT ANALYSlS 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; The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre; The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity; and, The property ,that is the subject of a proposed amendment is not located within an area of critical state concern. The Future Land Use Map amendment involves a 0.076 acre area, thus the total area is less than the 10 acre maximum. The proposed amendment to GC (General Commercial) is corrective and being processed concurrently with a request for rezoning to GC. The property is located within a designated redevelopment area and will not exceed 120 acres for this year. This property has not previously been considered for a land use amendment nor has any of the same owner's properties, within 200 feet, been granted a land use change within the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical concern. Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which P & Z Board Staff Report Nagle Property - Corrective FLUM Amendment and Rezoning to GC Page 3 the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The Future Land Use Map amendment being sought is to eliminate an existing inconsistency between the FLUM designations of the south half of the property and the north half. 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. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The current FLUM designation of GC on the south half of the property (25') and MDR on the north half (25') is inappropriate, as it renders the property undevelopable. This corrective amendment will apply a Future Land Use Map designation of GC on the entire property reflecting the intended land use designation based on previous land use actions. Thus, the amendment will eliminate an inconsistency and correct a mapping error. Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed FLUM amendment to GC is corrective in nature. The GC was previously established on the property and provides the desired consistency. 'Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Rezoning of the 0.076 acre property from RM to GC will have minimal or no impact with respect to Concurrency. a Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Required findings of Compatibility will be made at time of site plan approval. There are existing regulations to ensure compatibility with adjacent properties. Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Any future development will need to comply with the provisions and requirements of the Land Development Regulations. P & Z Board Staff Report Nagle Property - Corrective FLUM Amendment and Rezoning to GC Page 4 ZONING ANALYSIS REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D)(5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Section 3.2.2 (Standards for Rezonin.q Actions): Standard A, B, C, and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: 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. Compatibility with the adjacent residential properties is not a major concern as any potential adverse impacts can be properly mitigated through the applicable requirements of the Land Development Regulations. With any future development, trees must be planted every 25' within the landscape strips abutting residential property to the north. Also, any building must be set back a minimum 10' from the abutting residential property. Compatibility of a specific development proposal will be appropriately addressed with the review of a site and development plan request. Section 2.4.5(D)(5) (Rezonin.q Findin;s}: Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; P & Z Board Staff Report Nagle Property - Corrective FLUM Amendment and Rezoning to GC Page 5 That there has been a change in circumstances which make the current zoning inappropriate; Ce That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The basis for rezoning relates to reason 'a" that the rezoning had previously been established in error. Based upon the research of City records, the subject property was zoned General Commercial prior to the Citywide rezonings and adoption of the Land Development Regulations in 1990. The previous land use actions clearly indicate the property should have been zoned GC. The rezoning to RM in 1990, was not intended since it creates a zoning inconsistency with the balance of the historically commercial properties. REVIEW BY OTHERS ~,,~. i~ ~! The subject property is not within a geographical area requiring review by the Downtown Development Authority or the Historic Preservation Board. Community Redevelopment Aaencv The Community Redevelopment Agency Board will review the FLUM amendment and rezoning requests at its March 8th meeting. Their recommendation will be reported to the City Commission at second reading of the ordinance. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and civic associations, which have requested notice of developments in their areas: · . North Palm Trail · La Hacienda · PROD (Progressive Residents of Delray) · President's Council 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. ASSESSMENT The existing FLUM designation of MD and zoning of RM is inappropriate for the property as the south portion is zoned GC and the entire property was zoned GC prior to the Citywide rezoning of 1990. The FLUM amendment and rezoning will correct a mapping error and result in FLUM and zoning consistency for the properties. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the P & Z Board Staff Report Nagle Property - Corrective FLUM Amendment and Rezoning to GC Page 6 Comprehensive Plan, and Sections 3.1.1, 3.2.2, and 2.4.5(D) of the Land Development Regulations. Co ALTE RN,ATiVE ,,ACTIONs .................. ~' '1 Continue with direction. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to GC and rezoning from RM to GC based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous FLUM designation and zoning district were established in error. Recommend to the City Commission denial of the corrective Future Land Use Map amendment from MD to GC and rezoning from RM to GC, based upon a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (A) of the Land Development Regulations, with the basis stated. STAFF RECOMMENDATION Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to GC and rezoning from RM to GC based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous FLUM designation and zoning district were established in error. Attachments: Exhibit A, Future Land Use Map & Zoning Map NAGLE PROPE RTY I GEORGE BUSH I IL INN RTY_ BLVD. N C~TY 0~' DELRAY BEACH. FL PLANNING & ZONING (~PARTM£NT ~ - AREA SUBJECT TO MODIFICATION REZONING FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO: GC (GENERAL COMMERCIAL) F.L.U.M AMENDMENT FROM' MEDIUM DENSITY, 5-12 UNITS/ACRE TO. GENERAL COMMERCIAL r,,CF-C N.E 5TH ST. CiTY OF DELRAY BEACH, FL PLANNING ~ ZONING DEPARTMENT CITY INITIATED FUTURE LAND USE MAP AMENDMENT - EXISTING FUTURE LAND USE MAP DESIGNATIONS- F.L.U M. AMENDMENT FROM. MEDIUM DENSITY, 5-12 UNITS/ACRE TO: GENERAL COMMERCIAL -- OIGIT. a.I. ~4S£ MAP SY'ST£M -- MAP REIr LMSOO N E 13TH ST III N,E N E llTH ST NE R CF CITY OF DEl-RAY BEACH, FL PLANNING & ZONING DEPARTMENT CITY INITIATED REZONING - EXISTING ZONING DESIGNATIONS - REZONING FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO: GC (GENERAL COMMERCIAL) [ITY OF DELRrlY BEflCH CITY ATTORNEY'S OFFICE DELRAY BEACH 1993 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line. (561) 243-7090 MEMORANDUM DATE: March 16, 2001 TO: FROM: SUBJECT: City Commission David T. Harden, City Manager Jay T. Jambeck, Assistant City Attorn Citrus Canker Control Ordinance Attached please find an ordinance that would impose mandatory decontamination procedures upon landscape companies within the City of Delray Beach. The decontamination procedures are consistent with those recommended by the State Department of Agriculture and Consumer Services. Please place this item on the agenda for the March 20, 2001 City Commission meeting. If you have any questions, please contact me. Attachment ORDINANCE NO. 20-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A DECONTAMINATION METHOD TO BE ADHERED TO BY LAWN MAINTENANCE OPERATIONS WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach recognizes that citrus canker can be spread through the movement of lawn maintenance personnel and equipment including clothing, tools, equipment, and vehicles; and, WHEREAS, the City Commission of the City of Delray Beach recognizes that in order to help control the spread of citrus canker, lawn maintenance services should decontaminate personnel and equipment before departing from a property on which it performed maintenance services; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance. Section 2. Section 97.10 of the Ordinances of the City of Delray Beach is hereby created and entitled, "Citrus Canker Control Procedures", and shall state as follows: Section 97.10 CITRUS CANKER CONTROL PROCEDURES. (A) Definitions. "Lawn Maintenance Company". Any individual who engages in the business of the upkeep of vegetation, including, but not limited to, trees, grass, shrubs, and flowers, on any residential or commercial property. "Regulated Articles". All lawn and garden tools, nursery equipment, plant clippings, and lawn and yard debris. (B) Decontamination of Regulated Articles. (1) Time for Decontamination. All lawn maintenance companies shall decontaminate all regulated articles and vehicles upon departure from any property upon which it services. All lawn maintenance company personnel shall decontaminate themselves upon departure from any property. (2) Methods of Decontamination. All lawn maintenance companies shall decontaminate all regulated articles and vehicles using one of the following methods: (a) (c) (d) All surfaces must be treated to the point of runoff with 200 parts per million sodium hypochlorite solution with a pH of 6.0 to 7.5. All surfaces must be treated to the point of runoff with 2000 parts per million of solution of quaternary ammonium chloride (0.2% OAC). All surfaces must be washed thoroughly to the point of runoff with a hot water and detergent solution under high pressure maintained at a minimum temperature of 160 degrees Fahrenheit. All surfaces must be thoroughly cleaned with steam with a minimum temperature of 160 degrees Fahrenheit maintained at the point of contact. All lawn maintenance company personnel shall decontaminate themselves by washing or treating all exposed areas of the body and clothing with an antibacterial soap, wash, spray, or other approved solution. (C) Penalties for Violation of These Provisions. Violations of this section shall be punished pursuant to Section 97.99. (D) Enforcement of These Provisions. The provisions of this section shall be enforced and carried out by the City's police officers, code enforcement officers, or both. The City adopts all enforcement methods provided by law or equity which include, but are not limited to, the issuance of citation, summons, Notice to Appear in County Court, or arrest for violation of municipal ordinances, as provided for in Chapter 901, Florida Statutes. Section 3. It is the intention of the City of Commission of the City of Delray Beach that the provisions of this Ordinance shall become and be made a part of the Ordinances of the City of Delray Beach, Florida, and that the Sections of this ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 4. That should any section or provision of this ordinance, or any portion thereof, or 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. 2 ORD. NO. 20-01 Section 5. That all ordinances or parts of ordinances, resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6. That this ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,2001. ATTEST: M A Y O R City Clerk First Reading Second Reading 3 ORD. NO. 20-01 [lTV DF I)ELRrlqF BEI:IgH CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Writer's D~rect Line 561/243-7091 MEMORANDUM March 15, 2001 City Commission David Harden, City Manager Susan A. Ruby, City Attomey Ordinance No. 21-01 - Boat Dockage at Veterans Park I have been asked to draft the attached ordinance to clarify the hours permitted for temporary boat dockage at Veterans Park. The Parks Department has encountered situations where persons docking at Veterans Park return multiple times during the day for multiple two-hour periods. The persons docking use electricity and other utilities for their boat during the dockage. This ordinance is designated to prohibit the prolonged dockage, and also the use of City electricity and other utilities while docking. Please place this reading. ordinance on the March 20, 2001 City ~t CC: Joe Weldon, Director of Parks and Recreation Cathy Kozol, Police Legal Advisor ORDINANCE NO. 21-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING HEADING, "GENERAL PROVISIONS", SECTION 92.10, "MOORING TO PUBLIC PROPERTY", TO CLARIFY THE LENGTH OF TIME A PERSON IS PERMITTED TEMPORARY DOCKING AT VETERANS PARK AND LIMITING THE USE OF CERTAIN DOCKSIDE FAC[LTIES; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach is interested in assuring that all citizens of the City of Delray Beach have an opportunity to dock at Veterans Park; and, WHEREAS, boaters who are aware of the two hour docking time limit sometimes leave the dock after two hours and return repeatedly in the same day; and, WHEREAS, the intent of the original ordinance which is being clarified by this ordinance is that the two hour restriction be for a one day period; and, WHEREAS, the City does not encourage people to dock at Veterans Park for more than 14 hours in any one week. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 92, "Boats and Boating", heading, "General Provisions", Section 92.10, "Mooring to Public Property", is hereby amended to read as follows: Section 92.10 MOORING TO PUBLIC PROPERTY It shall be unlawful for any person or firm to moor any boat to any real or personal property which is owned or leased by the city, or which has been dedicated to the public use, with the exception of mooring at Knowles Park, Veterans Park and the city's marina as provided for in this section: (1) City Marina. Mooring at the city marina is only permitted pursuant to Sections 92.03, et.seq, of the City of Delray Beach Code of Ordinances. Excursion boats may not operate from the city marina. (2) Knowles Park. An owner or operator may temporarily moor a watemraft at Knowles park for the purposes placing a boat into and removing a boat from the Intracoastal Waterway. Excursion boats may not operate from Knowles park. .......... (~) ..... ~}'-~s Park. Tempor-ar~ (]o-c-ki~-in-~iesignated areas is permittecl-a-~-~te~'~m~ Park for up to two hours in any one day period. Notwithstanding, Section 92.19, docking in Veterans Park shall not exceed 14 hours a week. Persons docking at Veterans Park are prohibited from using electricity or other utilities for their boat. 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, or 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 upon adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ., 2001. ATTEST: City Clerk First Reading Second Reading MAYOR ORD. NO.